HomeMy WebLinkAbout1980-03-06 - City Commission Reconvened Regular Meeting MinutesCITY OF TAMARAC, FLORIDA
RECONVENED CITY COUNCIL MEETING
MARCH 6, 1980
From (2/27 and 2/29)
CALL TO ORDER: Mayor Falck called the meeting to order on Thursday,
March 6, 1960 at 2:00 P.M. in the Council Chambers.
ROLL CALL:
PRESENT: Mayor Walter W. Falck
Vice Mayor Helen Massaro
Councilman Irving M. Disraelly
Councilwoman Marjorie E. Kelch
Councilman Harry Wiener
ALSO PRESENT: Edward A. Gross, City Manager
Arthur Birken, City Attorney
Carol Evans, Assistant City Clerk
TAMARAC UTILITIES WEST
1. Status Report.
SYNOPSIS OF ACTION: Authorization given for purchase
of 2 fittings at a total cost of $1,500.00.
Mr. Gross stated that he had sent Council a memo on this
regarding the connection line from Tamarac Utilities to the
Broward County line requesting a change order in the contract
for an additional. $1,500.00 for two -18-inch fittings. The
fittings were needed immediately because there was to be a
connection into the county line on this date. Mr. Gross
authorized the purchase of these two fittings for a total of
$1,500.00.
Williams, Hatfield and Stoner checked around for the best
price on this item.
Vice Mayor Massaro suggested that the price of this be further
checked so that Mr. Gross and the Council will be satisfied
that this would be the accurate amount.
Vice Mayor Massaro MOVED that the action taken by the
City Manager be approved. Councilman Disraelly SECONDED the.
motion.
VOTE: ALL VOTED AYE.
Mr. Gross stated monies for these fittings will come from
Account #430-371-535-622.
2. Report on Moratorium:
SYNOOSIS OF ACTION: Tabled to meeting of March 12, 1980.
Mr. Gross stated that at the present time the connection
will be made today, and it will take approximately a week to
test the area out, and that at that point, it will be ready to
go. Mr. Gross suggested that the Council not make any decision
on the moratorium until the Council meeting on. Wednesday,
March 12, 1980, when they will know that everything will be
ready to go; there will have been some days of testing, and
the Council will. then have more information with respect to the
lifting of the moratorium.
Vice Mayor Massaro concurred with the City Manager.
4. Developers Agreements for Water and Sewer Connections.
SYNOPSIS OF ACTION: Developers Agreements as amended,
approved for Woodmont Tracts 149, 57, 58, 60, 70 and 72B.
$137,114 paid to city for 383 units.
Mr. Birken stated that the Council received a revised
Developers' Agreement for Tracts 49, 57, 58, 60, 70 and 72B
Woodmont. There is language in the revised agreement wherein
for any projects that the site plan has not been approved, that
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there are no vested rights in the approval of any particular
site plan, although the number of units are vested under the
court order. This is something the city cannot change on their
own. Exhibit "B" lists the tract number and number of units
and ERC's.
Upon questioning by Councilman Disraelly, Mr. Tiballi stated
that the reason that Tract 49 says 63 units and one ERC was
that there were 63 single villa units on the site plan. It
was then determined that there was a need for additional ERC
due to the rec center. Mr. Birken pointed out that this would
need a clarification. There would be 63 residential units,
63 ERC's for that; one recreation and one ERC for that
for a total of 64 ERC's. Vice Mayor Massaro felt that "units"
and not ERC's should be stated in the agreement and pointed
out that previously an ERC and a unit were different. Mr.
Birken stated that they are the same now. To eliminate
confusion, the Vice Mayor stated that "unit" should be inserted
at all times. If there must be a designation of recreation,
it should state one unit for recreation. Councilman Disraelly
feels that the plans should indicate the amount of residential
units, the amount of recreational units, and the amount of
ERC's, with all units being identified. Vice Mayor Massaro
explained that an ERC used to be 2/3 of a unit. Now an ERC
is one unit and the term ERC should no longer be used.
Councilman Disraelly questioned whether the rate structure
definitions refer to units or to ERC's. Vice Mayor explained
that the rate structures are based on units, and no longer
on ERC's. Vice Mayor further stated that when the rates were
set in the beginning, they very definitely established that
they would no longer have an ERC. Every apartment would be a
unit.
Mr. Birken then recommended the following language: "For
purposes of this agreement the terms ERC and UNIT are synonomous."
Vice. Mayor Massaro concurred. Discussion followed regarding
changes that were made in the Developers Agreement by Mr.
Tiballi.
Mr. Birken mentioned that Council may want to take action
on each document separately and they will all be recorded as
will all future developer agreements in the Public Records so
that there is no question if and when the property is sold,
as to the regulations that are to be complied with. The Vice
Mayor questioned if the Developers Agreement stated that the
units cannot be transferred and the City Attorney confirmed
this. Councilman Disraelly pointed out that the guaranteed
revenue payments shall be paid on the First of the month,
following six months from the date the moratorium is lifted.
Vice Mayor Massaro MOVED that the Developers Agreement for
Woodmont Tract 49 be approved. Councilwoman Kelch SECONDED
the motion.
VOTE: ALL VOTED AYE.
Mr. Birken explained that Tamarac Utilities, Inc. has to
give the city a letter concerning the draw -down and their
consent to the draw -down and assuming that this will be done
before the moratorium is lifted, he sees no problem. Mr.
Birken stated that this is under the Purchase and Sale Agreement
which requires a letter from Tamarac Utilities Inc.
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Vice Mayor Massaro inquired how the city will know that we
will have this letter. Mr. Birken explained that the city
must have the letter otherwise Montwood will not be entitled
to anything until the city gets the letter.
Mr. Tiballi explained that the agreement provides that they
are not entitled to any of the connections until they produce
satisfactory evidence that they have paid that portion of the
contribution charge, not directly payable to the city.
Vice Mayor Massaro
ful to do nothing
position where the
the $11,000,000.
stated that the
that will put the
agreement would
__city has to
City in a
be nullified
be very care -
and jeopardize
Mr. Tiballi stated that they owe money to Mr. G1uth and when
they get Mr. Gluth's signature on a piece of paper, they will
give him the $600,000. Mr. Tiballi feels sure that then Mr.
Gluth will sign the letter that is requested. Mr. Tiballi
explained that the letter will go from Tamarac Utilities Inc.
to the City of Tamarac, and the letter will be numbered indi-
cating the number of connections and the number of connections
that were paid for. He explained that there will always be
a continuing up -date with a running total of his relationship
and the city's relationship. Vice Mayor Massaro stated that
she felt that Mr.. Tiballi would accomplish this before the
moratorium is lifted.
Councilman Disraelly MOVED for the adoption of the Developer's
Agreement for Wood,mont Tract 57 for 69 units. The motion was
SECONDED by Councilman Wiener.
Mr. Tiballi stated that this request is for 69 units in
Woodmont Tract 57. It is acknowledged in the agreement that
this is only a portion of the units which may ultimately be
placed on 'Tract 57. There will be a separate agreement for
the remaining units whenever it is site planned. He said that
the reason he is putting it on the record and to the Council's
attention is that there is an ultimate plan for about 114 or
118 units contracted for individual single family lots.
Vice Mayor Massaro asked Mr. Tiballi for more clarification and
Mr. Tiballi explained that they had indicated to the city earlier
that they would be willing to prepay .for 300 connections or
units, and the units that Mr. Tiballi is prepaying directly
is 300, plus Tract 58, so that they are totally buying today
383 units.
Vice Mayor Massaro pointed out that this figure does not
indicate the total amount necessary for Tract 57.
Mr. Tiballi mentioned that all the other tracts on the list
are what the site plan shows.
Councilwoman Kelch stated that it is stated. in the Developer's
Agreement that this is for the first 69 units of this tract.
Councilman Disraelly noted that there are no other recreation
areas planned at this time in these particular tracts. Mr.
Tiballi informed Mr. Disraelly that in Woodmont Tract 57 there
is not. The next tract is already covered.
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Cypress at Woodmont II is a condominium containing 83 units
and there has been an arrangement to purchase 84 connections.
Tract 58, which is with Toll Development, has a recreational
complex, Mr. Tiballi informed the Council.
Councilman Disraelly believes that confusion would ensue if
a developer's agreement called for more units than the site
plan , and suggested that residential units be separate from
recreation units. The Vice Mayor explained that if the site
plan and the developer's agreement did not agree as to
number of units, the plan reviewer will issue a recommendation
to Council with an explanation of the number of units requested
for different uses. The developer's agreement would show
the total number of units.
Vice Mayor Massaro stated that if a site plan calls for a
certain number of units in its entirety, it does not matter
to the Council where they use them, and if there is a request
for any additional units, the Council would then question this.
VOTE:
ALL VOTED AYE.
Vice Mayor Massaro MOVED
the approval of the Developer's
Agreement for Tract 58,
83 units. Councilwoman Kelch SECONDED
the motion.
VOTE:
ALL VOTED AYE.
Councilman Disraelly MOVED
the approval of Tract 60, for 84
units. Vice Mayor Massaro
SECONDED the motion.
VOTE:
ALL VOTED AYE.
Vice Mayor Massaro MOVED
for the adoption of the Developer's
Agreement for Tract 70,
47 units. Councilwoman Kelch SECONDED
the motion.
VOTE:
ALL VOTED AYE.
Vice Mayor Massaro MOVED
for the adoption of the Developer's
Agreement for Tract 72.B,
36 units. Councilman Disraelly
SECONDED the motion.
VOTE:
ALL VOWED AYE.
Vice Mayor Massaro MOVED
that the City Engineer review these
particular tracts as to
adequacy for the number of units to
include any recreation,
pool, etc. and give the Council a
memorandum on it so that
the Council can see what is covered
here and what still has
to be covered.
Mr. Tiballi requested that this be limited to the site plans
that have been approved because the city has never seen any
plans on some of these.
Vice Mayor Massaro stated that she agrees and that she would
include that in her motion because the city is only concerned
with the ones that have been site -planned right now.
Councilwoman Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
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Mr. Tiballi stated that lie has added the amounts that are
included in the Developer's Agreements as their portion of
the contribution charge payable to the city which totals
$137,114, and he has, the checks for this amount. This is
for the 383 units which includes Toll Development.
12. Comprehensive Regulations, Tamarac Utilities West -Temp. Ord. 726.
SYNOPSIS OF ACTION. Tabled to March 12, 1980 meeting.
City Attorney Birken recommended this be tabled to the next
meeting. Councilman Disraelly stated that he received a bill
this date in the mail which stated "delinquent after 15 days."
The service was to 2/14. The billing date is 2/26. Councilman
Disraelly stated that he received the ball on 3/6. Councilman
Disraelly wanted to know when are the 15 days. Vice Mayor
Massaro feels that 8 days have elapsed since the billing date
is 2/26. The City Attorney concurred that the bill is due
15 days from the billing date of 2/26. There was no postmark
on the bill. Vice Mayor Massaro stated that she wondered why
such great delays occurred. Councilman Disraelly was concerned
as to when he should pay the bill and the time element is of
concern. The bill also is addressed to Fort Lauderdale, not
Tamarac. This was brought to the attention of the City Manager.
It is the feeling that this address must be due to the computer.
Councilman Disraelly MOVED to table this item. The motion
was SECONDED by Councilman Wiener.
END OF SIDE #1.
VOTE: ALL VOTED AYE.
28. Woodmont - Tract 49.
SYNOPSIS OF ACTION. No action needed at this time.
(c) Developer's Agreement. Mr. Birken stated that there is
no need for any other Developer's Agreement once there is
a water and sewer. For Tract 49 all that w'.s necessary
was the water and sewer and that was the first -item that
the Council acted on today.
Vice Mayor Massaro stated that this item will -be addressed
at a later date. By the time the plat has been approved by
the County, and they are ready for a building permit, at
that point in time, if the moratorium has not been lifted,
they will need a Developer's Agreement before getting a
building permit. Mr. Birken concurred.
Councilwoman Kelch MOVED that they agendize as an emergency
item by consent at the request of the City Attorney, the
amendment to Resolution 80-28 with reference to the loan
with Century National Bank. Vice Mayor Massaro SECONDED
the motion.
VOTE: ALL VOTED AYE.
36. Fire Engine Loan. Century Bank Temp. Reso. #1567 - ay
endued
b consent. Reso. #80-74 passed.
SYNOPSIS OF ACTION. Temp Res. #1567 approved.
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Mr. Birken stated that the bank informed the city that there
were certain regulations which would preclude the payment of
interest in absolute equal installments. For this reason
.it will be necessary to modify the resolution which was approved
at the last meeting to provide that interest up to October
lst, will be due on October lst and then payments subsequent
to that point in time will be in equal quarterly installments.
The closing is scheduled for tomorrow morning and the fire
engine is due on Monday morning, March 10th. The figures have
been computed and verified by the Finance Department.
Councilman Disraelly stated that they will pay interest only
up to October lst, and then the city will start paying princi-
pal and interest for the balance in the next fiscal year.
The City attorney read the title of Temporary Resolution #1567.
Councilman Disraelly stated that if the computations of
$6,325.37 for 15 consecutive quarters have been approved effective
after October lst, 1980 by the Finance Department, he would
MOVE the adoption of Temporary 1567. Vice Mayor Massaro
SECONDED the motion.
VOTE: ALL VOTED AYE.
Mayor Falck adjourned the meeting.
MAYOR
ATTEST:
c
CIT CLERK
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