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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 3/6/80 gb r I 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. 3/6/8o gb - 2 - L _.J 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. 3/6/80gb - 3 - L 'A F, 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. - 4 - 3/6/80gb W 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. 3/6/8ogb - 5 - F, 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 This public per copy to about recent the City of document was promulgated at a cost of $46.50 or $4.65 inform the general public and public officers and employees opinions and considerations by the City Council of Tamarac.