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HomeMy WebLinkAbout1980-02-29 - City Commission Regular Meeting MinutesCITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING FEBRUARY 29, 1980 (Reconvened from Feb. 27, 1980) CALL TO ORDER: Mayor Falck called the Reconvened City Council Meeting to order on Friday, February 29, 1980, at 9:30 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice -Mayor Helen Massaro Councilman Irving M. Disraelly Councilman Harry Wiener Councilwoman Marjorie Kelch ALSO PRESENT: TAMARAC UTILITIES - WEST City Manager, Edward A. Gross City Attorney, Arthur M. Birken Ass't. City Clerk, Carol Evans 1. Status Report - Operations - Discussion and possible action. 2. Report on Moratorium - Discussion and possible action. 4. Develo ers' A reements for Water and Sewer Connections - Discussion and possible action. SYNOPSIS OF ACTION: Sewer moratorium to be lifted within 15 days, after inter -connection with Broward County; with a maximum 30-day completion period. Mr. Birken requested to speak on a number of inter -related items. He indicated that a request was made of him on Wednesday, 2/27/80, which pertained to Regulations and Developers' Agreement, and involved dis- cussions with developers and attorneys, as to minor changes or clarifi- cations. He felt this could be accomplished by him during the weekend. He also requested that action not be taken, on the Regulations, because the moratorium would not be lifted within the next few days. The pro- posed language, he said, would be for a motion that the sewer moratorium is to be lifted by the City of Tamarac within 15 days after the comple- tion of the inter -connection with Broward County. Also, he said, a contract has been authorized for the inter -connection, with a maximum 30 day completion period. The City Attorney said that action could be deferred by Council, on the other items pertaining to the Regulations and Developers' Agreements, until next week, when changes and additional commitments are received from developers, in order to post the monies required for the improve- ment of the system. He felt that either this meeting could be recessed or a Special Meeting could be held. V/M Massaro indicated that Items #1 through #4 should be covered with this proposed motion, as noted by the City Attorney. She also assumed that the Developers' Agreement submitted by Montwood Corporation this morning, would be subject to changes. Mr. Fred Tiballi said that he has the checks, but after discussion with the City Attorney, it was determined that the Developers' Agreements should be redone first. It was his understanding that the changes would involve form and clarification. He further stated that they were pre- pared to go ahead on the one submitted, but will submit the checks when- ever the City is ready. Mr. Tiballi indicated the following ERC's, which would be by tracts; Tract 58 -- 83 ERC's Tract 49 -- 63 Units + 1 for the Rec. Complex, which was approved by Mr.Keating. Tract 57 - 70 ERC's (partial number, because it will total 118 units) Tract 60 - 84 Units Tract 70 -- 47 Units Tract 72B - 36 Units Mr. Tiballi anticipated that within the next few days, or after the lifting of the moratorium, they would be in a position to buy an addi- tiozial 300 or more connections. -1- 2/29/80 Recon. 2/27/80 mr/ L. 'A V/M Massaro said they were eager to help the developers, in order for them to move forward, indicating that the Developers' Agreements would be in the amount of $358.00;but any project outside of Land Sections 4,5 and 6, would be $900.00. She MOVED that the proposed motion from the City Attorney, be adopted, namely the sewer moratorium is to be lifted by the City of Tamarac within 15 days, after the completion of the inter- connection with Broward County;also, authorizing a contract with a maxi- mum 30 day completion period. C/W Kelch SECONDED the motion. V/M Massaro said there was an amount of water up to 1000 ERC's, and felt that monies would be coming into the City, by Developers' Agreements, to enable work to be commenced, for the water which was proposed by the City Engineer and Consulting Engineer. C/M Disraelly said that the time element for bringing the well -fields into fruition, was within this time frame, to which Mr. Gross responded that one well would bring in approximately 1800 units. VOTE: ALL VOTED AYE. 5. Discussion and possible action on payment due Marmon Corp. under adjust- ments at closing for Tamarac Utilities. SYNOPSIS OF ACTIO14: Payment Approved ,but recalled later. V/M Massaro said that an agreement was instituted at the time of closing, for adjustments to be reimbursed. Mr. Ruf advised of a meeting with the representatives of Marmon, and distributed copies of a report to Mayor and Council, on 2/21/80, as to the closing statement, which included an adjustment due to Marmon Corp. in the amount of $21,299.00. This, he said, was followed by a memo from Bob Hoyt to Ed Gross, indicating the allocations of the funds within the various utility accounts. Mr. Ruf indicated there was money existing in the Utility West Operating Reserve Fund. He further added that the second page of Mr. Hoyt's memorandum indicates that the over -credit of $55,513.00, which was taken by the City for personal property taxes, did not arrive at that figure. He also said there were miscalculations on customer deposits, accrued interest, accounts receivable and unbilled accounts; all of which were to the benefit of the City, with the net amount being due to be returned to Marmon; which was available. V/M Massaro said there was a moral obligation involved, and the figures were determined previously. She stated that the money was due and agreed upon, at the time that Mr. Gluth came in from Chicago. At that time, she said, the Attorneys for the City felt that additional time was required for such review, to insure accuracy. V/M Massaro MOVED for the approval of the payment of $21,299.00 to Tamarac Utilities, Inc., with the money to be taken from the Cash Revenue Account #425-10-1000, and C/M Disraelly SECONDED. Mr. Ruf said there were some outstanding items relating to easements, but as far as monies, he felt that Council's motion was adequate. Mayor Falck asked whether Mr. Ruf addressed himself to a finance charge, which would amount to $900.00, that the insurance agent was attempting to collect. He additionally stated that the contract was signed by Tamarac Utilities on July.lst, 1979, and did not want the City to pay this charge. Mr. Ruf responded that the City Attorney's office has taken the position to not be responsible for this finance charge, but, also, has never seen correspondence indicating such a demand of the City. He also stated that the corporation represented by Mr. Gluth and Mr. Tralins have been fair and honorable in their method of handling the outstanding obligations. Mr. Gross said there were sewer maps which were to be received by the City, prior to the payment of the check. V/M Massaro said that easements were still due, and recommended that Mr. Gross and Mr. Birken should speak to Mr. Gluth, because she received a phone call which related to the outfall pipe for the canal easement, which was ready. She also said that the $900.00 could be held -up if -2- 2/29/80 Recon. 2/27/80 mr/ � � r these maps are not presented, which information should be obtained before the meeting is concluded. V/M Massaro said that she would WITHDRAW HER MOTION until answers have been determined, and C/M Disraelly WITHDREW HIS SECOND. Mayor Falck advised that the motion would be reinstituted when a res- ponse has been submitted, with clarification of the aforementioned questions. 12. Comprehensive Regulations - Tamarac Utilities - West - Temp. Ord. #726 - Relating to rates, service, new development, etc. Discussion and pos- sible action - Second Reading. SYNOPSIS OF ACTION: Tabled to 3/6/80 V/M Massaro said this item has to be tabled, plus Items #1, #2 and #4, to a recessed meeting, which would be established by Mayor Falck. She then MOVED that Items #1,#2,#4 & #12,be tabled to a recessed meeting, and C/M Wiener SECONDED. VOTE: ALL VOTED AYE. REPORTS 32. City Council C/W Kelch said that the slurry seal report was in the process of being prepared, which will eventually be copied, with comments from the City Manager. C/M Disraelly advised that the census information was being printed on the back of the utility bills, and the first group would be out on Monday, March 3rd. He also noted that the total printing of two -months supply of bills amounted to approximately less than $200, for a total of 24,000. He said that arrangements were made to have the Paper Mill print them individually, with a cost of $45 for the first 3,000, with a charge of $22.50 for the additional 3,000. He also indicated that the new Sludge Tank was purchased for the Utility, which was 6.5.00 gallons, and would be in operation on Monday, March 3rd. C/M Disraelly indicated that a copy was submitted to Council, which re- lated to the design of new parks, namely the Tamarac Park which was de- signed by the children. This credit came from the Broward County School Board, he said. C/M Disraelly inquired whether refunds were being prepared on the Utility, to which the Vice -Mayor said that a decision still has to be made on an adjustment in the Woodlands. She said that a promise was made to dis- cuss this with the people, which moral obligation has to be kept. The Vice -Mayor said the refund might change, and was premature at this time,. for such designation. C/M Disraelly said that the people were promised that upon the sale of the bonds, refund checks would be mailed. He felt that recomputations should be done, and suggested that a workshop be held, based on the Woodlands, and did feel that it was a number one obligation. C/W Kelch was also distressed to hear that the refund checks were not being calculated. Mr. Gross said that a plan has been established for the operation, which would be done by hand, and would be paid out 90 days after receipt. He also said that the period of time involved was to be substantial, but said that the figures have not yet been established for each resident. V/M Massaro said that moral obligations included everyone, and felt this was not a "top priority", because there was no sight of selling these bonds, because they may have to be sold to the Marmon group. She also felt there was no rush, because the Woodlands area has to be determined, and then the Finance Department has to ascertain if the monies are avail- able at that time. -3- 2/29/80 Recon. 2/27/80 mr/ V/M Massaro said that she spoke to Mr. Gross as to particular areas giving problems in the future; such as Commercial Boulevard being crossed with lines, and the compaction is not being done properly. She said that at one time the engineer on the project assured her that inspectors were watching the compaction. The Vice --Mayor said the compaction was accomplished, and there are problems. Mr. Gross said the only compaction completed was from the Turnpike to 64th, and the present one was from Rock Island to 62nd. V/M Massaro said that area,61st Street to 88th Avenue has to have two inches above the existing high -points installed, because it involved bad compaction. She felt that someone should be put on written notice, as to responsibility for such problems, on completion of the road. 33. City Manager Mr. Gross said that he sent a memo to Mayor and Council, relating to a gasoline study in West Broward and Tamarac, because of numerous calls from citizens as to the lack of gas and the lengthy lines at the stations. 34. City Attorney Mr. Birken said that he called Chicago, and found that Mr. Gluth and Mr. Tralins were both not in the office. He indicated that Mr. Gluth has been honorable, and that action should be taken at this time. 32. City Council Tape Mayor Falck announced that the industrial development which was proposed Side on the continuation of 64th Avenue, was presented to the Planning Council #2 on Thursday, 2/28/80. He commended the people from the Bermuda Club, who participated in the discussion, and enumerated the inadvisability of such construction. The P4ayor also stated that people from the Courtyards appeared, and voiced their opinion; with the result that the proposal was defeated, -unanimously. He also said that the Planning Council was requested to take a stand on the new proposed Veteran's Hospital for Broward County. He said the two sites were, namely, South of the Florida Medical Center, off Oakland Park Boulevard; and the other area was off I--95, with easy access from Commercial Boulevard. Over the objection of Mr. Rosenberg, the Council went on record as favoring the area adjacent to Commercial Boulevard and I-95, because of easy access. The other area off Oakland Park Boulevard was determined to have a congested traffic situation, he said. Further, he stated, the final vote was nine in favor and two against the area between Dixie Highway and 1-95, and off Commercial Boulevard. The Mayor said that upon completion of Commercial Boulevard, and also McNab Road, would permit better access for the residents of Tamarac to the Veteran's Hospital. Vice -Mayor Massaro commended the Mayor on his participation at the Plan- ning Council, and the amount of time spent at these meetings. Mayor Falck also said that on June 5, 1980, the North School Advisory Board will be sponsoring a meeting which will include Governor Graham as the official speaker. He also noted that he attended meetings to finalize the preliminary details, with a request by the City of Tamarac to extend the official invitation to Governor Graham at the City Hall. Mayor Falck said the Crystal Lago Country Club was designated for the North School Advisory Board meeting in Deerfield Beach. Mayor Falck added that the Pension Administrative Review Board met this past week, and the total fund was in excess of $525,000, which exceeded the City's projections, because of the excellent return on the invested funds. He indicated that the Pension Plan was divided into three sec- tions; 1) Police, 2) Fire and 3) General Employees. He said that the Police and Fire Departments requested a session with the actuaries. In turn, he said, the actuaries said they could spend one-half day, at a cost of $600.00. The Board, he said, agreed to have a panel session, and invite employees -4- 2/29/80 Recon. 2/27/80 mr/ L to bring specific questions to the panel. It would commence, he said, at 4:30 P.M. and continue to 5:30 P.M., which would permit employees adequate time for participation, with a question and answer session. The Mayor said that at the request of Robin Carpenter and Judy Deutsch a series of items would be imprinted in the Newsletter, which related to the Pension Plan. Also, Ms. Carpenter has agreed to rewrite the Employees Manual on the Pension Plan, with him. COMMUNITY DEVELOPMENT 28. Woodmont - Tract 49 - Discussion and possible action on: SYNOPSIS OF ACTION: Tabled to 3/6/80 c) Developers' Agreement - Mr. Birken felt this should be discussed next week, because it is necessary to be revised. C/M Disraelly MOVED that the Developers' Agreement for Tract 49 be tabled, and C/M Wiener SECONDED. VOTE: ALL VOTED AYE. 5. Discussion and possible action on payment due Marmon Corp. under adjust- ments at closing for Tamarac Utilities. SYNOPSIS OF ACTION: Payment approved C/M Disraelly MOVED for the approval of the payment of $21,299.00,to Tamarac Utilities, as an adjustment to closing the monies from the Cash Revenue Account #425-10-1000, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. MEETING WAS RECESSED TO THURSDAY, MARCH 6, 1980, AT 2:00 P.M. !1AYOR ATTEST: TY CLERK _= This public document was promulgated at a cost of $ q? / or $ 6,r3 per copy, to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. -5- 2/29/80 Recon. 2/27/80 mr/