Loading...
HomeMy WebLinkAbout1980-07-28 - City Commission Reconvened Regular Meeting MinutesCITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING JULY 28, 1980 (Reconvened from 7/23/80) CALL TO ORDER: Mayor Falck called the reconvened meeting to order on Monday, July 28, 1980, at 9:00 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice --Mayor Helen Massaro Councilman Irving M. Disraelly Councilman Irving Zemel Councilwoman Marjorie Kelch ALSO PRESENT: LEGAL AFFAIRS Ass't. City Manager, Laura Z.Stuurmans City Attorney, Arthur M. Birken Ass't. City Clerk, Carol A. Evans Clerk/Steno., Mary Tedesco 10. Siegel Funeral Home -- Litigation - Discussion and possible action. SYNOPSIS OF ACTION: No Further Appeal (See page 13, For Reconsideration of Item) Mr. Birken advised that Council was given two memoranda, dated 7/l/80 and 7/9/80, relating to the ruling. V/M Massaro referred to an article in the Ft. Lauderdale News, dated 7/25/80, on a similar matter, about a church in Plantation. The City Attorney did not recommend an appeal, because the site plans for the funeral home have not been submitted nor approved. He felt an appeal would be a futile effort, and would not resolve anything for the City. It was his opinion that the Judge did make a mistake in his ruling, and an appeal by the City would re- quire presentation before the same Judge. He additionally stated that if the decision was reversed, the plaintiffs would have the option of proceeding with the other two counts in the Complaint; namely, that the action of the Council in rescinding the Special Exception approval is arbitrary and capricious, and that the City's regulations concerning Special Exception approval are unconstitutional as applied to plaintiffs. Mr. Birken said that he has not been able to find a basis of equitable estoppel. The plaintiff must be the property owner, but such an issue has not been decided in Florida Courts. He addi- tionally stated that the City Planner was requested to review the site plan, based on denial for non-conformance, but to -date, has not presented any basis for denial. C/W Kelch felt that the site was appropriate for a funeral home, and the Special Exception was valid; also, indicating that the objections raised were proper, but emotional. Faye Rosenstein, a resident of Lime Bay, said that property- values are reduced when a funeral home is constructed in a residential area. She felt that traffic processions would continuously inter- rupt the natural flow of vehicles. She also noted that the neigh- boring residences involve Academy Hills, Concord Village and Woodmont, and approval of this funeral home would be the fifth in the City of Tamarac. Mayor Falck said a decision would have to be based on the feelings of all the people in the City of Tamarac. C/W Kelch MOVED to not appeal it any further, and C/M Disraelly SECONDED. VOTE: C/W Kelch - Aye C/M Zemel - Nay C/M Disraelly - Aye V/M Massaro - Nay Mayor Falck - Aye a.c 7/28/80 Recon. 7/23/80 mr/ I -� BALANCE OF THE MINUTES ARE CONTINUED ON PAGE 3. -2- 7/28/80 Recon. 7/23/80 mr 66. Modifying Requirements of 3-Day Notice of Public Hearin - Emergency Temp. Ord. #796. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT Adopted on 1st Reading as an Emergency Ordinance. (See page 12) — — Mr. Birken indicated this is an Emergency Ordinance, which modifies Tape the requirements for an advertising notice, prior to enactment of a Side resolution, as to fees and charges; and permits waiving in emergency #2 situations. He felt this type of language is very useful, because it is sufficient to give Council the opportunity to take faster action. A second document being prepared, he said, is a resolution setting forth the emergency that exists in some detail, which modifies the fees for contribution charges. There is another area, he stated, for people who would like to make their payments on a time basis, under the water and sewer developers agreements. Mr. Birken said that under the water regulations, a figure of $10.50 and $4.19 per month, which were determined based on certain interest charges. He felt these figures were included in the ordinance, and did not think the specific interest charges should be included in the regulations. Mr. Birken additionally stated that they were in the pro- cess of amending that section of the regulations, and first reading has taken place, with a public hearing being scheduled early in August for a Special Meeting. He said the ordinance could not be modified, on second reading, to include a change in the figure, because it is outside of the scope of the title. The City Attorney said that he required guidance from Council, in order to change the $10.50 figure, for projects that have less than 300 units. He felt that another emergency ordinance would have to be enacted this day, in order to change the figure, or prepare a regular ordinance, with first reading this day, and second reading in the future. Mr. Birken said it was $10.50 per month,per unit, for projects being built over a period of time, and $4.19 for certain other projects. C/M Zemel inquired as to the exact nature of the emergency, to which the City Attorney responded that it involved vast modifications needed to the backbone improvements of the City. Mr. Birken said that under the City's Charter, the Council has no obli- gation to meet during the month of August, but the cost to the projects being delayed could be incalculable. V/M Massaro felt if a first reading was held on the ordinance relating to the interest fees, this day, then the second reading could be held at the time of the Special Meeting. This, she said, would permit the Rissman project to proceed, by approving the ordinance on second reading. C/W Kelch inquired whether this ordinance would enable Council to take action in an emergency, to which Mr. Birken concurred. She additionally felt it was useful, and would not object to such enactment, on an emer- gency basis. C/M Disraelly requested a Five -Minute Recess, in order to review the item. V/M Massaro clarified a cost of $100.00, by stating there was an ultimate build -out of 14.,273 units, which were indicated in the stipulations and the agreements in Land Sections 4,5 and 6; with 3,329 of those units having been built or approved. She added that the developer did choose to not build to the full density, in various tracts. She said that Mr. Nolan determined that a realistic figure would be 700 of that figure, which would total 10,705; with 3,329 having been built or approved, be- yond the point of redemption, with a balance of 7,376 units. A letter, she said, was submitted by Mr. Nolan, which explained that the figure divided into $658,000, would involve $86.00 per unit. In addition, she said, the lift and pumping stations would cost $90,000 for the modifica- tions, corrections or replacements; and after using a round figure of $14.00 per unit, it totaled $100.00 per unit. MAYOR FALCK CALLED FOR A FIVE-MINUTE RECESS. The City Attorney read Temp. Ord. 0--796, in its entirety, and indicated a correction in Sect.3,pa.2, line 1, to delete the word West, and remove underline from East. He additionally suggested that Section 6 should -3-- 7/28/80 Recon. 7/23/80 mr/ have the following language added; "or as otherwise provided by law". Mr. Birken said if Council is desirous of putting the interest on an emergency basis, then a particular section could be amended, with in- sertion of another provision. This, he said, could be part of this ordinance, or another, which would amend the City Code on an emergency basis, with a change in the interest rate. C/M Disraelly inquired as to those who are tied -in to paying Marmon, and the amount of their contribution for wastewater, to which Mr.Birken responded that it was $542., with the City being paid $358 , which will presently change to $458 . The City Attorney indicated that 14% of this figure is $5.34 per month, as noted by the Finance Director. Mr. Birken felt that Temp. Ord. #796 should be enacted, with another ordinance being drafted, for action, later in the day. C/W Kelch MOVED to adopt Temp. Ord. #796, on first reading, as an :iamer-- gency Ordinance, and V/M Massaro SECONDED the motion. Mayor Falck advised that second reading will be called later in the day, for the emergency. VOTE: ALL VOTED AYE. 67. Temporary Resolution #1738 - Amending Wastewater Contribution Charges for Tamarac Utilities -- West. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT (See page 12) C/W Kelch MOVED to AGENDIZE BY CONSENT Temp. Reso. #1738, for discus- sion and possible action to amend the wastewater contribution charges for Tamarac Utilities - West, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. Mayor Falck advised that Temp. Reso. #1738 will be called at the time that Temp. Ord. #796 is heard on second and final reading. C/M Disraelly requested that the Vice -Mayor present Council with the costs and methods of implementation, which were received from Tony Nolan, with rounded figures; for a general breakdown. 28. Woodmont North Golf Course - Parcel R-3 -- Temp. Ord. #778 - Rezoning request - S-1 to R-3U - Petition #18-Z-80 - located at the northeast corner of Tract 47 - north of 81st Street and east of 88th Avenue - Discussion and possible action on Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd and final reading ORDINANCE NO.O- g'D, $�5 PASSED. Mayor Falck advised that the Public Hearing was held, and did require action at this time. C/M Disraelly MOVED for the adoption of Temp. Ord. #778, on second and final reading, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 29. Woodmont North Golf Course - Parcel R-3 - Temp. Ord. #779 - Rezoning request - R-3U to S-1. Petition #19-Z-80 - located at the northeast corner of Tract 47 - north of 81st Street and east of 88th Avenue - Discussion and possible action on Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd and final reading. ORDINANCE NO. O- 10- $(p PASSED. Mayor Falck advised that the Public Hearing was held, and did require action at this time. C/M Disraelly MOVED for the adoption of Temp. Ord. #779, on second and final reading, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. -4- 7/28/80 Recon. 7/23/80 mr/ LEGAL AFFAIRS 23. Executive Airport Expansion - Status Report - Discussion and possible action. ^' SYNOPSIS OF ACTION:. Report by City Attorney Mr. Birken stated that two memoranda had been given to Council, which had been previously discussed. He also noted that PZayor Falck and he met with Mr. Gallop and Mr. Arnold, for an update, concerning the Airport. He said there was an optimistic feeling, because of problems which were found with some of the work that was performed. He felt that if the FAA approves the ILS, then a recommendation has been made to go to Court, in order to seek injunctive relief. He felt that Skytel was the most distasteful, because of the large hangars,wi.th its proposed use for Tear jet variety. This, he said, is one of the three items pending, which will have a significant measure - able noise impact on the people of Tamarac. The City Attorney felt that the preparation of the environmental impact statement would take the decision to Washington, D.C. He additionally stated that the Broward County Planning Council and the South Florida Regional Council Staff, recommended denial of ILS. COMMUNITY DEVELOPMENT 36. University Community Medical Plaza - Discussion and possible action to permit the developers of this project to replace the Certificates of Deposit, posted for construction of the subdivision improvements, with a Letter of Credit. SYNOPSIS OF ACTION: Substitute type collateral acceptable, as indicated by City Attorney, plus terms of agreement. Mr. Birken said that the City entered into an agreement with University Realty Associates on 12/20/78, which provided for a Certificate of Deposit, in an approximate amount of $40,227.00, with modification to the type of collateral. The City, he said, under this agreement, would hold the interest for two years, and at the end of the period, if the interest was sufficient to cover the new cost of the work, then the difference would be reimbursed to whoever posted this. If, he said, it was deficient, then the balance would be given to the City. He indicated that the two --year period has not expired, but the Certi- ficates of Deposit are close to expiration.Also, if not turned over, they will be reinvested by the bank, at the same interest rate, which is undesirable, he said. Mr. Birken said the request was to modify the collateral, which would be within the terms of the agreement. it would then be necessary for the City Council to agree to a substitute type of collateral, such as a Certificate of Deposit, which would be subject to an increase in December of 1980, with the interest received being held to -date by the City, until the figures are updated in Decem- ber. At that time, he said, if there are monies due the owners, the people who have the collateral, or the City, it would then be paid, or a new Certificate of Deposit would be obtained. V/M Massaro concurred that the interest should be added to the amount of the Certificate of Deposit, or the bond should be subject to a 15% inflation factor. She also felt that it should be placed in any form which would best serve the owner, and said the guidelines should be followed, which were established in 1978. Mr. Birken recommended the following motion be made; for the City to accept a substitute type of collateral, which would be acceptable to the City Attorney, and that at the time the Certificate of Deposit is retrieved, an employee of the City accompany the individual to the bank, to be sure that the interest on the money is payable to the City, from December of 1978 to -date; and that money be held by the City, in addition to the substitute collateral, until December; at which time the City Council can make necessary adjustments, under the terms of the 12/20/78 agreement. The amount of the collateral, he said, is to be $40,227.00, plus interest earned on the Certificate of Deposit being held by the City from 12/20/78 to -date. -5- 7/28/80 Recon.7/23/80 mr/ V/M Massaro MOVED to adopt the MOTION, as stated by the City Attorney, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 12. Woodmont North Golf Course - Temp. Reso. #1734 - Discussion and possible action to correct Resolution No. R-80-34, approving a Vacation of Covenant. SYNOPSIS OF ACTION: Approved, subject to review by City Engineer, with a report by memorandum. The office of Tiballi & Brown certified that they will correct errors found by the City Engineer. RESOLUTION NO.R- &/f PASSED. The City Attorney read Temp. Reso. #1734. V/M Massaro inquired as to all the Covenants being checked and replaced, to which Mr. Birken responded that his 6/30/80 memo referred to this. The Vice -Mayor felt that a memorandum should be received from the City Engineer, which would indicate that the Engineering Department has checked this and replaced the Covenants. Pat Brown, with the firm of Tiballi & Brown, said he will take the responsibility for the preparation of the documents, and noted that it involves the scriveners error on R-3 and E--14, which disrupted the measurement of 50 feet. He further stated that his firm will reimpose the Covenant on the incorrect R-3, which was vacated erroneously. The golf course covenant will be reimposed on the legal description which Mr. Schnars submitted previously, and is in the documentation. V/M Massaro inquired about the reinstatement of the easements in some areas, to which Mr. Brown replied that the E-14 utility easement, which vacation was incorrect, due to the legal description. But, he said, it was required for R-3, and the covenant will be imposed on the im- proper R--3, which would assure the fact that all lands in the golf course are subject to the covenant. V/M Massaro said that she did not object to the approval of Temp. Reso. #1734, subject to review by the City Engineer, and a memorandum relating to such review. Also, that the office of Tiballi & Brown are certifying that they will correct any errors that are found by the City Engineer. She so MOVED, for the adoption of Temp. Reso.#1734, and C/W Kelch SECONDED. Mr. Birken advised that Items #28 and #29, on this day's agenda, should be inserted, if they are enacted. VOTE: ALL VOTED AYE. 13. Woodmont North Golf Course - Temp. Reso. #1735 - Discussion and possible action to correct Resolution No.R-80-56 approving a Vacation of Utility Easement E-14. SYNOPSIS OF ACTION: Approved, subject to RESOLUTION NO.R- g0 -/j;�s PASSED. review by the City Engineer, with submis- sion of a memo. Also, that the office of Tiballi & Brown certify that they will correct any errors found by the City Engineer. V/M Massaro MOVED for the approval of Temp. Reso. #1735, subject to review by the City Engineer, and submission of a memo; also, with the same conditions which apply to Temp. Reso. #1734. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. 14. Woodmont North Golf Course - Covenant - Discussion and possible action to approve a Covenant restricting lands to golf course and clubhouse purposes. SYNOPSIS OF ACTION: Approved 7/28/80 Recon. 7/23/80 mr/ Mr. Birken said this Covenant book care,o.f all the areas. C/M Disraelly MOVED for the adoption of the Covenant, with the date of 7/28/80, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 15. Woodmont - Tract 72B (Timber Point) - Temp. Reso. #1732 - Discussion and possible action to accept a Bill of Sale for the water and sewer distribution and collection systems. SYNOPSIS OF ACTION: Tabled, pending approval of as-builts by City Engineer, and his recom- mendation of acceptance. The City Attorney read Temp. Reso. #1732. V/M Massaro MOVED for approval of Temp. Reso. #1732, and C/W Kelch SECONDED. The City Attorney indicated that his memorandum of July 7,1980 indicated that he would leave the time and questions up to the City Engineer and City Clerk, with the assumption that once all prerequi- sites have been agendized,with recommendations for release of bonds have been satisfied, then the matter will be agendized . He further added that his file does not have any recommendations from the City Engineer. V/M Massaro WITHDREW HER MOTION, and requested a memorandum from the City Engineer this day. C/W Kelch WITHDREW HER SECOND. Mr. Schnars indicated that they approved as -built plans. V/M Massaro said that she has an April 28th memorandum, which notes that there were additional engineering fees due in the amount of $272.10, to which Mayor Falck felt that the advice of the individual being paid to protect the City, was being disregarded, prior to action being taken. V/M Massaro MOVED to table the item, pending approval of the as--builts by the City Engineer, with recommendation of acceptance by him, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 38. Mobil Oil Service Station - N.W. 88th Avenue - Temp_. Reso. #1726 - Tape Discussion and possible action concerning a positive drainage bond to Side guarantee construction of a positive drainage system. #3 SYNOPSIS OF ACTION: City Attorney to determine bond expiration, in order to effect positive action. The City Attorney read Temp. Reso. #1726. V/M Massaro felt the bond was for installation of a positive drainage system. She further stated that a percolation system, such as the one situated at the Plaza del Sol, has a tendency to silt -up and does not function; with problems occurring. After reading the backup, which relates back to 1978, she noted that the nearest connection to a posi- tive flow was 600 feet. The Vice -Mayor said the drainage maps did indicate lines on 77th Street, with catch basins, with one being situ- ated on the corner of the Mobil Station. She viewed the area, and was surprised to see catch basins on the north and south sides, and one in front of the Station; also, one on the west side of the property. She said that definite action has to be taken, and the people involved will have to connect to a positive drainage system, which is the pur- pose of the bond. V/M Massaro MOVED that the City Attorney review this, in order to determine the expiration of the bond, in order for positive action to be taken, in order that they be required to connect to the positive drainage system that exists on 77th Street. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. -7- 7/28/80 Recon. 7/23/80 mr/ Mr. Birken said, as relates to Coral Gables Federal, there was a re- quest made for a letter to be written to the owners of the shopping center. The second paragraph states as follows; "that the plans, as approved,are in compliance with all present ordinances and regula- tions in the City of Tamarac, governing this issue. This installation of this drive-in facility, as approved by the City, will not adversely affect or change the existing status of the Sunshine Plaza Shopping Center". He felt this letter should not be written without direction from the City Council, because of the parking deficiencies in this shopping center. Mr. Birken did not want to write this letter, and felt that the action speaks for itself. Mayor Falck felt that action could be taken later in the day, on this item. GENERAL ADMINISTRATIVE/FINANCIAL 7. Budget Adjustments - Discussion and possible action on recommended transfers from contingency to various departmental accounts for the balance of the fiscal year. SYNOPSIS OF ACTION: Various transfers from Contingency to other City accounts, were approved. Ms. Stuurmans indicated that Council received an Administrative Report from the City Manager's office, which requested that a total amount of $49,038.73 be transferred from the Contingency Fund to various operating accounts of several departments, to fund the balance of the fiscal year, for a three-month period of time. She noted that the Finance Director has projected that $163,697.00 will be collected by the end of the Fiscal Year, which will be in revenues in excess over the anticipated budgeted amounts. C/M Disraelly said that upon viewing the budget reports, especially the one dated 6/30/80, the accounts for gas and fuel, office supplies, and auto parts, have been over spent for the year, in almost every department that has those functions. In other areas of the City, he said, costs have been held down, and felt that the best method was to take the funds from Contingency, to the various departments. The balance of funds from every department will be put into Contingency by September 30th, 1980. Ms. Stuurmans said that in some departments, it might have been pos- sible to take from the Capital area that was not spent, and plug into the operating area, but Council would have found it necessary to take separate action. C/M Disraelly felt the suggested method of Contingency was proper, but that all figures should be rounded out. He then MOVED approval of a budget adjustment in the amount of $49,038.73, from the Contin- gency Account, #1--872-581-901, which account shows a current balance of $116,150.00, to be transferred to certain line item accounts, which have the subsequent balances after transfers; and would be read into the record by the Assistant City Manager. Ms. Stuurmans read the various line item accounts, and the transfers involved. (ATTACHMENTS #1, #2, #3, #4, #5 and #6) V/M Massaro inquired about the additional part-time Records File Clerk I, in the Legislative Department, to which C/M Disraelly and Mayor Falck suggested that the figures remain at this time, whether or not it is used; instead of recalculating all the figures. The Vice -Mayor did agree, but would like it handled eventually. C/M Disraelly advised that as a result of this action, the Contingency Account will have a new balance of $67,111.27, and so MOVED, to -which C/W Kelch SECONDED. VOTE: ALL VOTED AYE. C/M Disraelly additionally MOVED that $2,000.00 from line item Account #1--431-541--430 of the budget named Public Works/Streets/Drains/Grounds- Electricity, be transferred to line item Account #1-218-521-46, named Police Department - Auto Parts. The balance in the account from which the monies are transferred was $4,257.47 prior to the transfer, and -8- 7/28/80 Recon. 7/23/80 mr/ $2,257.47, subsequent account to which the to the transfer, and SECONDED the motion. VOTE: ALL VOTED AYE. LEGAL AFFAIRS to the transfer. The amount of money in the monies are to be transferred was $1,058.94 prior $3,158.94 subsequent to the transfer. C/W Kelch 16. Lime Bay Condominium - Discussion and possible action on: bT Construction of Sidewalks SYNOPSIS OF ACTION: b) Approved at an approximate cost of 700.00. Mayor Falck said this was referred to the Engineering Department for information, as to its practicality of erecting this sidewalk, for tie-in with The Greens. C/M Disraelly advised that at the July 23, 1980 meeting, the City Council approved a motion accepting an easement offered by the Lime Bay Condominium, for a sidewalk. He noted that Mr. Pena, of the Engineering Department, has sketched it, and went out with a transit, in order to determine the appropriate slopes. A report, he said, came in which indicated that the site of the proposed sidewalk was inspected by him of the proposed sidewalk, connecting Lime Bay and The Greens on McNab Road. Mr. Pena further noted that there should be no diffi- culty in building the sidewalk, following the sketch and legal descrip- tion, which sidewalk does not require steel reinforcement; and would be the standard 4 inches thick, plus 4 foot wide, in order to match the connecting sidewalks. Additionally, it was noted in Mr. Pena's report, that the Engineering office will assist the Public Works Department in the layout, and the grading of the sidewalks, once it is approved by the City Council. C/M Disraelly MOVED to approve the sidewalk; also, indicating that the Public Works Director can schedule the new sidewalk to be done no later than the week of August loth, 1980. He further added that the Assistant City Engineer will issue the approved permit and drawing. He reiterated that the construction of the sidewalk be approved by the Public Works Department, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. C/M Disraelly further noted that the approximate cost would be $700.00. COMMUNITY DEVELOPMENT 40. Greenthumb Garden Centex - Discussion and possible action to approve a revised site plan. SYNOPSIS OF ACTION: Tabled to 9/10/80 meeting, to enable compliance by owners of the property, for vehicular access easement, plus the various items noted by C/M Disraelly. Tape V/M Massaro inquired of the Assistant City Manager, as to whether Side the easement was obtained from American Video, because Greenthumb #4 is the property owner, to which C/W Kelch responded that both ease- mentshave been received. Mr. Lira advised that the Greenthumb Garden Centex owns the building, with American Video leasing space, and felt there was confusion in- volved. He said that Greenthumb would like to put an awning over the loading zone, because various expensive lawnmowers were getting wet during the loading period. C/M Disraelly felt that trucks would not be able to enter the area, or exit on the south side, because he had extreme difficulty in ma- neuvering his automobile. There were new, used and broken-down mowers located in the area. He felt that access should be made for vehicles to traverse. He additionally inquired as to the nearest hydrant, and in what manner can a fire truck enter the rear of the building. C/M Disraelly also noted that two handicapped spaces were marked, and felt that the top three parking areas should also show wheel -stops in the center, which are not indicated on the site plan. 7/28/80 Recon. 7/23/80 mr/ L _1 He additionally requested the installation of "Do Not Enter" signs on the island, plus a new trash enclosure, per Ord.79--67, with an entrance on the side, and clean-up of the south end of the loading zone. V/M Massaro advised that no-one has seen an easement, but C/W Kelch indicated that she has two easements, and was reluctant to approve this revised site plan, at this time. C/M Disraelly said that discussion was held with American Video, as to moving of the parking spaces, and felt that it should be included on this site plan approval. V/M Massaro felt this item should be tabled to the first meeting of September, in order to permit adequate compliance of all the requests. She said there should be a vehicular access easement to the entrance of the driveway, in order for equipment to enter in an emergency. She .further stated that American Video agreed that Greenthumb would be pleased to give the City this easement. V/M Massaro MOVED to table this item to the September loth, 1980 meeting, with a request that the owners of the property comply with the easement, plus the items enunciated by C/M Disraelly. C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 45. Woodmont - Tract 72B (Timber Point) - Model/Sales Administrative Office - Discussion and possible action to approve this request. SYNOPSIS OF ACTION: Tabled to 9/10/80 meeting, for submission of new site plan; also permitting beautification plan to be submitted to the Committee, for approval, as per the City's ordinance. Mr. Lira advised that the construction trailers will be located on lots 1 and 2, with a parking lot on lot 30, which would include the model area. He indicated that Al and Barry Simon were the owners of the project, which plat had been previously approved. V/M Massaro inquired about off --site improvements, which related to the utility, to which Mr. Lira responded that Keith & Schnars did the original work, with a revised site plan being submitted there- after. At this time, Mr. Lira said that permission was being re- quested for a model/sales center. Mr. Lira further stated that the model/sales will be located in two of the models on lots 1 or 2, with one being used for the model sales office. C/M Disraelly requested a site plan to include the lots for the model sales and parking; also, indicating the landscaping and barriers to prevent people from entering particular areas. He quoted the ordinance relating to model/sales and parking, by stating; "our site plan re- quires consisting of an overlay of the previously approved site plan, showing among other things, plans for a paved parking area, with ap- propriate landscaping, with minimum spaces, etc., that the builder has a valid and unexpired site plan approval". Mr. Birken felt that the site plan does not indicate the lots which are being used. V/M Massaro MOVED that Item #45, Woodmont Tract 72B, be tabled to the first meeting in September, and the applicant submit a new site plan, showing the parking area and the relationship to the model sales office indicated on the same sheet; and, the plan for beautification be ap- proved by the Beautification Committee, as per the City's ordinances. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. Mayor Falck said that it would be of considerable assistance to the City Council, if the City Manager's office spent the entire month of August, in the coordination of procedures. _0- 7/28/80 _.. Recon. 7/23/80 mr/ I LEGAL AFFAIRS 22. State Legislation - "Trim Bill" - Report, discussion and possible action concerning the effects as they relate to Municipal tax adop- tion procedures. SYNOPSIS OF ACTION: Tabled to 8/5/80 Special Meeting. C/M Disraelly MOVED to table this item to the August 5, 1980 Special Meeting, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. Mr. Glusman, of the Isles of Tamarac, requested to be heard, as to the trees on McNab Road. He said the County and John Gerren's office were attempting a new method of construction, by placing curbs in such a manner, that it would block the drainage going into the median strip. V/M Massaro indicated that it was difficult to answer the question on re- moval of the trees, because the plans have not been approved, and the re- verse contour of the road would have to be changed by the County. Mr. Glusman also stated that Mr. Keating has a site plan, on the shopping center in the area, and does not indicate a median strip, but only a concrete curb, and extra turn lanes. He added that the drainage would have to be revised. The Vice -Mayor said the County has established this roadway draining towards a concrete separator, which she felt should not be put in. She additionally stated that there are catch basins in the field, that cannot be seen, but everything was done as though nothing was going to take place in that street. She further stated that the plans are developing which would put in the narrow ribbon separator, with exit and turn lanes. This, in turn, creates a curb effect in the middle of the road, with the road being slanted in, and is a reverse curve, with standing water. V/M Massaro felt that the County should repave the road, in order for the slope to go back to the catch basins, and, in turn, change the lift of the road. V/M Massaro said that Council was not willing to assume the responsibility, and was the reason Mr. Glusman has not received a response. Mr. Glusman advised that he met with Mr. Keating, after the last Council meeting, and left a $75,000.00 bond with him. Thereafter, the punch list was completed, and contracts were given out for the bid. A request, he said, was made for the release of $50,000.00, but due to lack of communica- tion with Mr. Keating's office, the item was not placed on the Council agenda. V/M Massaro said that her reaction to not placing this on the agenda, was because the item was not ready, and there were many unanswered questions. She felt that a $35,000.00 retainer would be adequate. MEETING WAS RECESSED FOR LUNCH, TO 1:30 P.M. Tape . . . . . . . . Side #5 MEETING WAS CALLED TO ORDER, ROLL CALL TAKEN, AND ALL PRESENT. 66, 67 and 68 - Emer _enc ._T_e_mP.Ordinances #796.. .._..#7.97.and Temn,ResQ._#1Z.3$__ Mr'. Birken advis_ e t a Temp. r . , Temp. r. , ana #1738 were presently involved; with Temp. Ord. #797 indicating changes,on pg. 2 of the existing,regulations, the first line $11.67 should be underlined; $10.50 should be inserted and struck -through; and on line 7, page 2,$5.34 should be underlined, and $4._19 should be typed in and struck -through. He added that these were the only substantive changes in the regulations. The City Attorney further stated that there is a change in the interest rate, a change in the method of determining an increase, and a document to permit the increase to occur. He indicated that it was not an ideal procedure, but under normal circum- stances, he would not recommend, taking this. He further stated that emer- g,ency situationswere set forth in the ordinance and resolution, and if Council desires to take action this day, then it should be accomplished in this manner. =me 7/28/80 Recon. 7/23/80 mr/ 0 68. Emergenc -Tem Ord. #797 - Amending Section 51 of Ord. #80-35 - Modifying Interest Charges. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT Adopted on first reading, as an Emergency Ordinance. C/W Kelch MOVED to AGENDIZE BY CONSENT, Emergency Temp. Ord. #797, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. The City Attorney read Temp. Ord. #797, and V/M Massaro MOVED for its adoption on first reading, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. Mayor Falck advised that a Public Hearing will be held on second reading. 66. Modifying Re uirements of 3-pay Notice of Public Hearin - Emer ec�enncy Temp. Ord. #796. SYNOPSIS OF ACTION: Adopted on 2nd and anal reading, as amended; as an Emergency Ordinance. ( See page 3 ) The City Attorney read Temp. Ord. #796, and V/M Massaro MOVED for its adoption, as an emergency ordinance; also, as amended at the end of Section 7, "or as otherwise provided by law", on second and final reading. C/M Disraelly SECONDED the motion. VOTE: ALL VOTED AYE. 68. Emergency Temp ._ Ord. #797 -- Amending Section 51 of Ord. #80-35 - Modifying Interest Charges. SYNOPSIS OF ACTION: Adopted on second and ORDINANCE NO.0- -- PASSED. final reading, as an Emergency Ordinance. The City Attorney read Temp. Ord. #797. Mayor Falck opened the discussion to the public, and closed the Public Hearing because there were no comments received. V/M Massaro indicated that the emergency is set forth in the ordinance, and MOVED for the adoption of Temp. Ord. #797, on second and final reading. C/M Z.emel,SECONDED. VOTE: ALL VOTED AYE. 66. Modifying Re uirements of 3-Day Notice of Public Hearin - Emergency Temp. Ord. #796. SYNOPSIS OF ACTION: Adopted on 2nd and ORDINANCE NO.O- JrO - g PASSED. final reading, as amended, on an Emergency Ordinance. (See pages 3 & 12) The City Attorney read Temp. Ord. #796. Mayor Falck opened the Public Hearing, and closed it because there were no comments received. V/M Massaro MOVED for the adoption of Temp. Ord. #796, on second reading, on an Emergency basis, as amended, and SECONDED by C1W Kelch. VOTE: ALL VOTED AYE. 67. Temporary Resolution #1738 - Amending Wastewater Contribution Charges for Tamarac Utilities - West. SYNOPSIS OF ACTION: Adopted on an Emergency basis. (See page 4) RESOLUTION NO. R- gp -/77 PASSED. The City Attorney read Temp. Reso. #1738, and V/M Massaro MOVED for its adoption, on an Emergency basis, as set forth, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE: _ =WAS 7/28/80 Recon. 7/23/80 mr/ � � r LEGAL AFFAIRS 10. Siegel Funeral Home - Litigation - Discussion and possible action. SYNOPSIS OF ACTION: Reconsideration of discussion held earlier in the day. Court decision to be appealed. C/M Disraelly MOVED for Reconsideration of Item #10, Siegel Funeral Home, that was discussed earlier in the day, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. C/M Disraelly said that after this morning's meeting, and with due con- sideration, he felt that the public was heard; and,would MOVE that Council appeal the decision of the Judge regarding this funeral home. C/M Zemel SECONDED the motion. VOTE: C/W Kelch - Nay C/M Zemel -- Aye C/M Disraelly - Aye V/M Massaro - Aye Mayor Falck -- Nay Mr. Birken advised that today was the deadline for the appeal, to which C/M Zemel indicated that if it is impossible for the City Attorney to perform this function, then he will not be held responsible. 69. Temp. Reso. #1740 - Including Council Members in City's-Hospitaliza- tion and Major Medical Programs. � SYNOPSIS OF ACTION: AGENDIZED BY CONSENT RESOLUTION NO.R- 970 -/ FZ PASSED. Adopted -- C/M Disraelly MOVED to AGENDIZE BY CONSENT Temp. Reso. #1740, which would include Council Members in the City's Hospitalization and Major Medical Programs, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. Mayor Falck read Temp. Reso. #1740, and C/M Disraelly MOVED for its adoption, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT Garfinkel51. essi onal Building - Discussion and possible action on: a)Site Plan . b) Water and Sewer Developers Agreement SYNOPSIS OF ACTION: a) Approved with conditions; b Approved, as amended, with receipt of various checks. a)Mr..Lira of Biscayne Engineering, was representing Dr. Garfinkel, and advised that the preliminary and final site plans were approved by the Planning Commission; also, indicating that the Landscaping Plan was approved by the Beautification Committee. He also noted that he has checks to be submitted, for the fees. C/M Disraelly stated that everyone was being requested to curb their property on 57th Street, due to problems involved with people driving across the Swale. He requested that a note be added to the site plan, as to the addition of curbing on 57th Street, to which Mr.Lira concurred. Mr. Lira said it will be a two-story building, and Dr. Garfinkel was desirous of renting to physicians, if possible. He also added that the parking was calculated on 1 to 150. The total acreage of the site, he said, was 29,300 square feet; with retention required for 1,465 sq.ft.with a total configuration of $1,177.11 at $35,000 per acre. He additionally stated it was based on $130.00 for assess- ment drainage; and engineering permit fees in the amount of $2,451.86. a_99C 7/28/80 Recon. 7/23/80 mr/ V/M Massaro said that $2,500.00 was the Developer's Contribution charge. Mr. Lira advised that the total configuration is $3,758.97, which check he has, and would write another one for $250.00, for the water and sewer connection charge. C/M Disraelly MOVED to accept the site plan for the Garfinkel Professional Building, as amended, with the curbing to be installed on 57th Street, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. b)V/M Massaro said the required change in the Developers Agreement, was to be changed from $550 to $650; also, the figure in subsection k) has to be changed from $2,250.00 to $2,500.00, by pen, with in- itialing. She further stated that it was to be changed at the top of page 3; also, at the bottom of the page, the contribution -- sewer, is to be changed to $650. The Vice -Mayor made a note to have the receipts mailed to Dr. Garfinkel. C/M Disraelly MOVED to accept the Developers Agreement, as amended, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. Mayor Falck interrupted the proceedings, to discuss the need for a safety program, and its accomplishments, if it is conducted. He said that as far as the City and the employees were concerned, does relate specifically to the Workmens Compensation Insurance. The Mayor said that at the last meeting he attended, the dividend consideration mark might have been met, with the exception of one particular claim. He additionally stated that if the claim closes out between this date and the end of the fiscal year, September 30th, 1980, the City might be considered. He felt that it was important to do everything that was in -line with good safety practices. Mayor Falck also discussed the limerick contest that was open to the employees,recently, which was an effective program, with two winners; namely, Bill Henderson of the Building Department, for First Prize: Suzie Q wished she were tall So on stilts she would dash through the hall. With so much to do, She tripped over her shoe - And broke her leg on the wall. Mayor Falck awarded him "Dinner for Two" at Triggs. Second Prize, the Mayor said, was awarded to Mary Tedesco, of the City Clerk's Department: There was a young feller named Joe Whose job was to run the back hoe. One day while at work, Due to an unforseen quirk, (reverse sheet for punch -line) *moaaos sTq oq uonui 'stuq ox-rT do papua aH The Mayor gave Mrs. Tedesco a Plus --Account Gift Certificate from Hollywood Federal Bank. COMMUNITY DEVELOPMENT 52. Woodmont -- Tract 57 - Discussion and possible action on: a) Site Plan b) Plat - Temp. Reso. #1721 c) Water and Sewer Developers Agreement SYNOPSIS OF ACTION: a) Approved, with conditions; b) Approved, as corrected, and c) Approved,as RESOLUTION NO.R- '7© - PASSED. amended. (See page 16) a) Fred Tiballi, representing Montwood Inc., said the reason for the new Developers Agreement, was due to the balance of units which were prepaid, with a total of 118 units. -14- 7/28/80 Recon.7/23/80 mr/ V/M Massaro confirmed the fact that the Developers Agreement in- volved 49 units, or the remaining ERCs. Ms. Stuurmans indicated there was communication, which refers to July 25, 1980, from Larry Keating to Arthur Birken, forwarding Developers Agreements on Tract 57, which was copied to Council. Tape Side A request was made by Council to obtain Developers Agreements for #6 the various items to be discussed; namely,Tracts 57, 62, 71, 74 and 75, as to pages 1,3 and 8. C/M Disraelly inquired of Steve Epple, as to the ERCs owed to Marmon, and the amount that were drawn down on each of the tracts, as they come in, to which Mr. Epple indicated that a letter was sent to the City each time, and possibly went to the City Attorney. V/M Massaro stated that Evan Cross maintains the record on Ord.79-47, as to $130.00 per acre, with Mr. Birken holding the record of the ERCs. She further noted that the tabulation always indicates the number of dollars left under that agreement, and also said the number of acres of retention chargeable against them. She antici- pated that at some point in time, the City will be informed as to the amount of retention created. V/M Massaro requested that excavation to the property.line, be included in the motion, and the banks are to be on their property. C/M Disraelly inquired as to curbing on 81st Street, to which Mr.Epple responded that it will be considered separately, because the transitions of certain areas would have to be worked out with the City Engineer. He said that all the median curbs were attempting to be standardized, and did not object to the curbing being noted in the motion, after consultation with the City Engineer. V/M Massaro indicated that the as-builts will have to show the survey sketch, in order to designate excavation to the property line. Mr. Tiballi said that all the drainage retention should be completed by the end of September, and will provide the City with rectified areas. C/M Disraelly MOVED the approval of the site plan of Woodmont - Tract 57, as presented, with an additional statement that all canals shall be excavated to the property line of the plat, and to conform to the typical canal section, with the slope on their own side. And, furthermore, that 81st Street shall be curbed to the length of their property, as an agreement is reached, for the type of curbing of the median, with the City Engineer. V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. b) Mayor Falck read Temp. Reso. #1721. C/M Disraelly requested that Mr. Lira strike the words "and zoning", under the words Planning and Zoning Commission, because it is only called Planning Commission. He then MOVED for the acceptance of Temp. Reso. #1721, for the plat of Woodmont - Tract 57. C/M Zemel SECONDED. VOTE: ALL VOTED AYE. c) V/M Massaro advised that Woodmont Corp. did issue a check on 7/16, and Mr. Wood has acknowledged receipt of the $22,912.00 check. She also said that 64 units were paid, with 49 units on Tract 57, and 15 on Tract 62; which would involve an increase of $6400.00 due the City. She then MOVED that the Developers Agreement be approved, subject to the following modifications. (It was decided that Council withhold action until copies of the Developers Agreement are dis- tributed). 57. Woodmont -- Tract 62 - Discussion and possible action on: a) Site Plan b) Plat - Temp. Reso. #1722 c) Water and Sewer Developers Agreement. SYNOPSIS OF ACTION: a) Approved; b) Approved, RESOLUTION NO.R--YC--/4�F9 PASSED. as corrected, and c) Approved, as amended. a&7= 7/28/80 Recon. 7/23/80 mr/ L. J a) C/M Disraelly confirmed the fact that the new easement ends in Lot 5, with Lot 4 obtaining its easement from the golf course exterior, to which Mr. Schnars concurred. C/M Disraelly MOVED for approval of the site plan for Tract 62, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. b) Mayor Falck read Temp. Reso. #1722. V/M Massaro MOVED for the approval of Temp. Reso. #1722, for Tract 62, with the words "and Zoning" being deleted, as recommended by C/M Disraelly. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. c) V/M Massaro indicated that $1,500.00 was due, because of the new ordinance which was enacted this day; and, which Mr. Epple advised would be submitted on Tuesday, July 29th. She MOVED for the ap- proval of the Developers Agreement, subject to the following correc- tions; page 3, the top line has to be changed to read, $6,870.00, with interest being included in The 2nd paragraph, on the 3rd page, subsection 1, in the amount of $5.34. Mr. Birken advised that the agreement was incorrectly signed, and should be executed by the City National Bank, as Trustee, who is the actual fee title holder. V/M Massaro repeated adoption of the Water and Sewer Developers Agreement, subject to the corrections which were indicated, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 52. Woodmont - Tract 57 - Discussion and possible action on: c) Water and Sewer Developers Agreement V/M Massaro indicated corrections of 49 units at $458.00 each, with the interest under subsection 1 reading as $5...34,, and a total of $22,442.00. She further indicated that Mr. Epple will submit a check in the amount of $6,400.00 on July 29th, for two projects. She then MOVED for approval, with the corrections, as indicated, and C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 53. Southgate Gardens - East - Discussion and possible action on addendum to the developers agreement for off -site improvements. SYNOPSIS OF ACTION: Approved, as amended. Mr. Birken said that Council did not require documents for approval,. of this item, because the new fee would provide an additional $100.00 contribution charge. He further explained that a Water and Sewer Developer Agreement was approved for Mr. Toll's project, and felt that 25% of the units were paid; but, would not require action. The City Attorney suggested that notices should be sent to whoever is affected, as to the interest charges being $11.67 per month. The agreement, he said, specifically provides that if there is an increase in fee, it would be passed -on. C/M Disraelly added that it should be so indicated that the developer was advised on a particular date, for the increase, to which the Vice - Mayor stated that there should be an addendum to the agreement, with the developer's signature. C/M Disraelly referred to Southgate Gardens - East, the Developers Agreement, it has been acknowledged that additional fees will be paid, if granted. He then MOVED that an amendment to the Developers Agree- ment indicate the precise fees to be effective this date, in order to avoid any misunderstanding, which would note the increase in the con- tribution charges and the increase in the interest charges. It was also included in the MOTION that the City Engineer is authorized to Tape send a letter to the Broward County Environmental Quality Control Side Board, as to the water and sewer requirements having been met. #7 -16- 7/28/80 Recon.7/23/80 mr/ Mr. Birken advised that an agreement was approved, through an adminis- trative oversight, because the report from Williams, Hatfield & Stoner was not received at the time of approval. When received, it was, he said, brought to the attention of Mr. Toll, who indicated that he would handle the problem; with continued discussions to -date. V/M Massaro informed Council that what has been happening, is not the fault of staff, because they have been under tremendous pressure from the developers, because they are anxious to move forward. She stated that Mr. Toll was aware of the additional monies to be paid per unit. Dan Oyler of Craven & Thompson, said that on behalf of Gene Toll, they will pay the additional $100.00 per unit, and modify it, when prepared. V/M Massaro added to the MOTION, by stating that the increase in the contribution charges shall be according to the present ordinance, for all units of Southgate Gardens - East. C/M Disraelly said that because there was no second to his motion, he would request that the Vice -Mayor restate the motion. V/M Massaro MOVED that the Southgate Gardens -East Developers Agreement be amended to reflect this day's action, which increases the amount of the contribution charge, and the interest charge; and, the charges be reflected on all units, including the units that were paid for in a previous action. Further, she stated, that the City Engineer be authorized to write to the Broward County Environmental Quality Control Board, to indicate that the water and sewer requirements have been met. C/W Kelch SECONDED. VOTE: ALL VOTED AYE. 54. Woodmont - Tract 58 - Temp. Reso. #1729 - Discussion and possible ac- tion to reduce the drainage performance bond to 25% of actual cost warranty performance bond. SYNOPSIS OF ACTION: Approved, with the amount RESOLUTION NO.R- gD PASSED. of $18,576.00 being subject to verification. The City Attorney read Temp. Reso. #1729. V/M Massaro MOVED for approval of Temp. Reso. #1729, and was aware that some work still has to be done, but was very minor, which can be handled easily with the 25% bond. She added that the sum of $18,576.00 is the 25% estimated cost, and the amount of the perfor- mance and warranty bond is to be 25% of the actual cost of the con- struction, with the sum of $18,576,00 being represented to be that 25%. Should this figure vary, she said, it would be subject to verification. She additionally stated that the previous bond figure was $74,302.00. C/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 55. Woodmont - Tract 68 and 77 - Discussion and possible action to autho- rize the Chief Building Official to issue a permit for building #1 - prior to plat recordation. SYNOPSIS OF ACTION: Tabled to 8/5/80 Special Meeting Council indicated that they did not have back-up for this item. Mr. Oyler said that a plat plan will be submitted to the Building Department, after approval this day by Council, which will include the required parking. Mr. Birken recalled a letter from Mr. Toll previously, with a request for indemnification to be addressed. He also stated that permission to put up a dry building, without plat recordation, the City should have some protection. To -date, he did not recall viewing any docu- ments to this effect, nor did Council receive such documentation. Mr. Oyler stated that he could get a letter from Mr. Toll the following day, and felt this item could be made subject to approval of the hold - harmless agreement. Mr. Oyler indicated there was no water in the -17- 7/28/80 Recon. 7/23/80 mr/ building, because it was being built dry, and did not require water and sewer for a model building, but will be piped. C/M Disraelly said that protection is required against vested rights, and i.hquired whether it should be handled on Monday, August 5, 1980. Mr. Birken suggested that he be contacted, in order to coordinate the necessary documentation. C/M Disraelly MOVED that Item #55 - Woodmont -- Tract 68 and 77, be tabled to August 5, 1980, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 46. Woodview - Tract 38 - Discussion and possible action on water and sewer developer's agreement. Temp. Reso. #1737 - Utility Easement. SYNOPSIS OF ACTION: Developers Agreement approved, as amen e ; Utility Easement approved. RESOLUTION NO.R- PASSED. Mr. Birken indicated that this project has been heard on many occa- sions, which involved problems that were not due to the developer. He added there were platting problems at the County, which caused many delays; at which time the moratorium went into effect by TUI. The City Attorney stated that when the regulations were modified, Mr. Grossman's situation was not addressed. He said that the first permit was pulled, either late last year, or early this year, with one building presently under construction. The regulations for time payments, he said, were related to the pulling of the first permit. There were two suggestions, he indicated; namely, one to tie the dates into the effective date of Ord. 80-66, which permits time pay- ments, or tie the dates into the pulling of the next permit. He called Mr. Grossman's attention to action taken earlier in the day, by Council, as to modification of the contribution charges, by increasing the sewer contribution charges by $100.00, for the handling of additional expenditures. Mr. Grossman said that he was prepared to execute the agreement pre- viously, but with additions and deletions that were determined by the City, it has been delayed, with increases being initiated. He additionally stated that he was being penalized, and work was being delayed in his project. V/M Massaro clarified the fact that the $100.00 increase per unit, was due to additional expenditures by the City, which involved replace- ment of larger force mains, in the amount of $658,000.00. She stated that it has been determined that $90,000.00 will be distributed amongst the 23 lift stations, with all the units participating at $100.00 each. The Vice -Mayor felt it would be fair to hinge the whole agreement on the next building permit, but it still calls for the $100.00 increase per unit, and Mr. Grossman would deserve such consideration. Mr. Birken confirmed the fact that paragraph "T" was deleted. Tape V/M Massaro MOVED that the Developers Agreement be amended to reflect Side the additional $100.00 per unit cost in the contribution charges; also, #8 that paragraph "T" be removed; and the interest charge be amended to comply with the ordinance which was adopted this day. Further, she stated, that the contract be tied into the next building permit, rather than the June 3rd date, which is reflected in the agreement,to be amended. C/M Disraelly advised that a minimum of 26 units have to be bought, regardless of whether only 10 houses are built. Also, in subparagkaphs 1 and 2, on page 3, under "K", the date will be the pulling of the next permit; and the date of June 3rd should be deleted. He then SECONDED the motion, and advised that it related to the action taken on this day's ordinance. The new figure per month will be $11.67, he said, instead of $10.50. VOTE: ALL VOTED AYE. C/W Kelch read Temp. Reso. #1737. -18- 7/28/80 Recon.7/23/80 mr/ J C/M Disraelly inquired about the third Whereas, and the party involved, in the easement. A correction was made to read; "the party of the first part", instead of the party of the second part. C/M Disraelly MOVED to approve Temp. Reso. #1737, as amended, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. 50. visual Graphics Corporation - Discussion and possible action to approve this Plat by Temp. Reso. #1718. SYNOPSIS OF ACTION: Approved, based on sub- RESOLUTION NO.R- a d"lP;, PASSED. mission of the beautification plans within 90 days, for approval and completion; with grassed and weeded areas to be accomplished within the same time frame. Dick Deichman,an officer of Visual Graphics Corporation, advised that a meeting has been scheduled with the City Manager, at 2:00 P.M., on Tuesday, July 29th. He indicated at a previous meeting, the ques- tion of drainage was discussed, which they did concur with, and would be handled. Also,he noted,there was a problem with the exit from one side of the front of the building. He further stated that their Facilities Engineer did agree with the correction, and felt that it was a problem. An additional item, he said, involved the beautifica- tion, and was prepared to make a commitment, by meeting the terms of the Beautification Ordinance #0-78-9, which was defined as being the area in front of the property; with a tree to be installed every 30 feet, a hedge in-between those trees; and, grass to be planted around the trees and hedges, to cover the front area. Mr.Deichman was pre- pared to commit this work to be completed within the next 90 days. Mr.Deichman said that he spoke with Mr. Cross, the City Planner, on July 7th, whereby they reviewed the Landscape Ordinance he referred to; which was defined by the City Planner, for M-1 and M-2 districts. C/W K61ch said that another consideration was previously discussed, which related to cleanup operations that could take place immediately, in other portions of the property, outside of the front of the building. V/M Massaro clarified this, by stating that certain manicuring could be accomplished around the premises, in order to present a pleasanter atmosphere. Mr.Deichman advised that the property will be cleaned -up within the next 90 days, and felt it was a housekeeping item, rather than a major project. V/M Massaro MOVED for the approval of Temp. Reso. 1718, with the understanding that within 90 days the beautification plans will be submitted, approved and completed; and the general cleanup of the area, as far as pruning and cleaning the grass and weed area around the premises, will be accomplished within the same time frame. C/M Zemel SECONDED the motion. VOTE; ALL VOTED AYE. 58. Woodmont - Tract 71 - Discussion and possible action on: a) Site Plan b) Water and Sewer Developers Agreement SYNOPSIS OF ACTION: Tabled to 9/10/80 meeting V/M Massaro said that due to no representation from the developer for this item, she would MOVE to table discussion to the 9/10/80 meeting; also, because of the inadequate time for review of the documentation. Julian Bryan, who was representating the developer, indicated that they were anxious to proceed, but would prefer to have it handled properly, at the 9/10/80 meeting. V/M Massaro repreated her MOTION, by stating that Item #58 - Woodmont - Tract 71, be tabled to the 9/10/80 meeting, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. =IRZ7 7/28/80 Recon.7/23/80 mr/ 59. Woodmont Tract 74 and 75 - Discussion and possible action on: a) Site Plan b) Plat - Temp Reso. #1723 c) Water and Sewer Developers Agreement SYNOPSIS OF ACTION: d)Stipulations- AGENDTZED BY CONSENT - Approved with conditions; a) b) and c) Tabled to 8/5/80 Special Meeting. Mr. Birken advised that another was required for inclusion, namely, subsection d) - a Proposed Stipulation, which was distributed to Council this morning. He said this involved a private street and road question, and eliminated 1.8 acres of property, for density,purposes. d) V/M Massaro MOVED to AGENDIZE BY CONSENT, the item of a Stipulation, and C/M Zemel SECONDED. C/M Disraelly indicated that the item was received at 12:00. noon, and they have not had the opportunity to read this during the lunch hour. VOTE: C/W Kelch - Aye C/M Disraelly - Nay V/M Massaro - Aye Mayor Falck - Aye a) Julian Bryan, representing the developer, displayed the site plan, and advised that in order to reduce the density, a building would be eliminated. This, he said, was a small 27 unit building, on the east side of the canal, and is situated on the 1.8 acres, with the parking. It would be necessary, he stated, to provide access to the parking, from the internal ingress - egress easement. The parcel, he further noted, would remain undeveloped, and will be eliminated as part of this site plan and record plat; thus, remaining in the control and ownership of Montwood. Mr. Bryan indicated that it may be developed in the future, as an amendment to this plan, or with contiguous tracts to the south and east; possibly bringing in access off University Drive. He also said they would be reserving the right to do this. Mr. Birken explained that once a tract is connected through a private street, then it would be a dangerous precedent to consider, because it appeared to be alien to the concept of the ordinance which was prepared. He said that in Sections 4, 5 and 6, there are not many areas of control; but there is absolute control here, because of the 1976 Court Order, which included this property under the platting regulations, as amended, without private streets. He felt that a stipulation was required to permit such private streets..by Council. C/M Zemel felt that by granting private streets would be opening "pandoras box", and was definitely opposed to this. C/M Disraelly also indicated that the City would not have control over the streets, but was a one-way agreement. C/W Kelch was not opposed to private streets, because she felt it was an opportunity for the City to avoid additional maintenance, and would be self-contained. She requested an explanation as to pledging away the security of the area, and reassurance to that effect. Mr. Bryan advised that the 1976 Court Order, in Woodmont, there is an agreed upon number of dwelling units permitted on any given parcel, however, there is an overall number that is less than the total number added together. Therefore, he said, Montwood has to be very cautious on the number of given units on any parcel, and it has been determined to reduce the overall density by 27 units. He also stated that in the future, as other parcels receive site plan and plat approval, that they will develop to lesser densities. He additionally stated that access may be off University Drive, and the road would be either public or private, based on the merits of the particular site plan. At this time, he said, they were asking for an option. Fred Tiballi, who represented Montwood, advised that they were the owners of the entire property at this time. If approved, he said, -20- 7/28/80 Recon. 7/23/80 mr/ � � r this parcel would remain in the ownership of Montwood, Inc., and not be sold to Rissman at the present time. The stipulation, he said, was being requested for an option to obtain public access, at the time of development. But, if public access is not available, he then indicated they would have the fall -back position of using private streets that are in Tracts 74 and 75. Mr. Tiballi said they will re- tain, in their contractual arrangements with Rissman, when the property is sold to them, for use of the private streets. Mr. Tiballi said a request was being made to have the total number of units reduced in the Rissman project. He further stated that they are not purchasing this land, and would not be appropriate to donate it as a rec parcel. Tape Side V/M Massaro felt that this stipulation should indicate that they have #9 the ability to utilize the private street for ingress and egress, and when they are prepared to build, they would be required to provide public streets. Unless, she said, Council determines that private streets are acceptable.at that time. C/M Disraelly indicated that Council has voted private streets into the City's ordinance, but would suggest that paragraph #5, referring to the out -parcel, state, only if it is sold back to the developers of the other area, that the out -parcel shall be required to have private streets, unless there is direct access for the public, and if developed by Rissman. Mr. Birken said that under the regulations, the City would have to be given an option on the road, if private streets are to be developed; in order to convert these roads to public streets. Also, he said, if the project is to be developed by anyone other than the Rissman project, that the City shall exercise the option, and declare all the streets to be public. This, he felt would eliminate the problem, and would permit public streets going into the other tract. C/M Disraelly said that he was concerned about the out -parcel, and world not grant private streets unless it was part of the Rissman tract. He stated that Montwood has the out -parcel, also, having a private street leading to an area they do not own, and will not own, once the deal is consumated with Rissman; and involve a private street into "nothing". Mr. Tiballi concurred, except that they will reserve in their contrac- tual arrangement with the owner, the right to use the private streets. d) C/M Disraelly felt that the verbiage would require review by the City Attorney and Mr. Tiballi, as relates to paragraph 5 of the stipu- lation. He then MOVED that the stipulation be approved, subject to paragraph 5 being reworded by agreement between Mr. Tiballi and the City Attorney, whereby that Exhibit "A" out -parcel will have private streets only in the event that it is developed by the developer who is going to develop, according to the site plan being considered by Council, if such plan is ultimately approved. V/M Massaro SECONDED the motion. a) Mr. Bryan said that the City's Ordinance #76-44 requires that the site plan be drawn to no less than a one (1) inch to 50 foot scale; with the size of this property requiring the site plan be on three sheets with match -lines. He stated that it was photographically reduced to one-half of the size of the drawing, resulting in 1 inch to 100 feet, with the parts being attached and color added, which was simply for presentation purposes. He said that 78th Street is along the north property line; 80th Avenue to the west; and the Woodmont Country Club and tennis courts are in a different location. He further explained the area of the business zoned parcel, at the entry to Woodmont; the school site and the professional office building and hospital. This, he said, would delineate all of Tract 74, and a portion of 75, which was the subject of the site plan and plat. The center, he said, involved a major rec facility, of approximately 4 1/2 acres, with three satelite facilities, for a pool, and cabana building, in the various locations. Major access, he stated, other than the residence, with a guard, would be off 78th Street, as previously discussed. Secondary access, that would be card activated, would be on 80th Avenue and on the corner of 78th Street. Mr. Bryan .informed Council that -21- 7/28/80 Recon. 7/23/80 mr/ all the buildings were three-story, with parking requirements as determined by the City; including one and two bedroom units. He further added that there were no controversial items before the Planning Commission, with everything being resolved easily and quickly. C/W Kelch requested the net figures on the number of units, to which Mr. Bryan responded that the two tracts contained 68.21 acres,with 867 units, that gave a density of 12.71 units per acre. The new con- figuration, he said, deleting the 1.8 acre tract, would reduce it to 840 units, and 66.41 acres; thus lowering the density slightly to 12.64 units per acre. The parcel that was eliminated supported the proper density for the number of units that were shown, and only re- duced it microscopically. In response to a question by C/M Disraelly, Mr. Bryan responded that the only walls would be as segments of the entry features into both tracts; with a landscape and graphic feature at the northwest corner. The intent on the site plan, Mr. Bryan said, would be that all the perimeter existing tree material would be retained, and the buildings would be set back 25 feet more than required by the zoning district. This, he said, would involve moving all the buildings on the west back to 75 feet, and berming and landscaping would be created. Mr. Bryan said the median breaks are noted on the site plan, which is required for the transition, stacking lane and the return on the other side of the median, which would involve 250 feet on each side. as required under Ord. #78-40. This, he said, is covered by a legal instrument draining an easement over the N.W. corner of Block 30. He added that the off -site easement was approximately 90 feet of frontage on 78th Street, by 395 feet in a southerly direction, which forms a triangle, and is a transition off the tract. The total number of units will be 840 units, with equivalent connections being one (1) for each of the three satelite rec buildings, and eight (8)for the main building. Mr. Bryan pointed out that as shown on page 1, building #11 will be eliminated, which is an out -parcel. He further stated that a 20 foot canal maintenance easement was shown on the site plan and plat, and once the 1.8 acres is developed, it would be necessary to show a main- tenance easement, by plat, for several hundred feet. He advised that many of the canals that exist in Sections 4,5 and 6, do not have re- corded easement for maintenance, but is occurring at the time the plat is recorded for the adjacent parcel of land. V/M Massaro inquired as to approval of the drainage plans by the City Engineer, to which Mr. Bryan replied in the affirmative, with some minor changes on the storm sewer, by moving a catch basin from a pair of corners at an intersection to the other two. The plan, he stated, was approved, subject to those changes. Gene Lozano, of Carnahan Engineering, said that in the review letter submitted by Mr. Keating, approval would be pending the treatment of the drainage on 80th Avenue and 78th Street. That portion of the engineering plans, he stated, have not been completed, because it is not apparent as to the existing drainage plan at this time. Mr. Bryan said that the particular street was a part of the master backbone system that was constructed by Leadership, and subsequently had the bonds released in the 1979 agreement. All the street drainage for the public streets was included as a part of that package, and existing street drainage was the problem, for work that was completed, inspected, bonded and released. A request was made, he said, because they were coming in on an adjacent parcel, for their engineer to review that drainage system. He further noted that everything has been done in compliance with City regulations, and is an off -site situation. V/M Massaro inquired as to Mr. Keating's statement of 7/25, and the drainage design verification approval, to which Mr. Lozano responded that the City Engineer would verify this, as related to drainage cal- culations submitted by him. She said there will not be a developers agreement, but one that was considered by Council will be put into legal form. She did state that there will be an additional $100.00 contribution charge, with interest payments being increased; which will be prepared for the August 5th meeting of Council. d) Stipulation -22-- 7/28/80 Recon. 7/23/80 mr/ VOTE: C/W Kelch - Aye C/M Zemel - Nay C/M Disraelly- Aye V/M Massaro - Aye Mayor Falck - Aye a) Site Plan - V/M Massaro said there will be no motion on this until the ordinance has been approved. She added, that after the Public Hearing on Temp.,Ord.#791,has been held, then action will be taken on the site plan. Mr. Bryan advised that there has been no action on the amended Water and Sewer Agreement for a large user. On second reading, August 6th, for Temp. Ord. #791, the City Council will be prepared to take proper action on the site plan and plat. V/M Massaro inquired whether the requirements were being provided on this project, under Ord. #79-47 and #80-26, to which Mr. Epple replied they were providing the retention and upgrading of the drainage system fees. He further stated that these tracts were pro- vided in Stipulation #2. V/M Massaro advised that this project is subject to the $95.00 per unit recreation fees, which will be payable at the time of plat ap- proval. C/M Disraelly requested that the City Planner update the Council on the number of units left, to which Mr. Cross replied there was nothing since the June 18th memo; but Mr. Epple said there were 77 units left. Mr. Bryan said the plat and the site plan will be revised, for dele- tion of the 1.8 acres, as per the legal description attached to the stipulation, which Council has approved. He further added that a change will be made in computations, site coverage, open space, and parking; with complete data change and new table on the site plan. The plat will include deletion of the designated parcel, and will be revised. Tape Mayor Falck advised that additional discussion will be held on Item Side #59, a) Site Plan, b) Plat - Temp. Reso. #1723, and c) Water and #10 Sewer Developers Agreement, at the August 5th Special Meeting, at 9:00 A.M. He further stated that once action has been taken on second reading of Temp. Ord. #791, Item #59 - a), b) and c) will be considered. Mr. Epple advised that Keith & Schnars has already completed the as -built information on the intersection drainage questions; with a verbal report that the system was in, and clean. V/M Massaro inquired as to compliance ,with the Cd=try Tree Ordi- nance , to which Mr. Rissman concurred. 70. Spring Lake I - Release of Certificates of occupancy - Discussion and possible action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT - C.O.s to be released subject to Chief Building Official; item to be further considered at 9/10/80 meeting. V/M Massaro advised that someone in --house has refused to permit C.O.s for the last four or five units, because the one-year maintenance bond was not delivered. She added that the agreement does not call for that bond at this time; with the $300,000.00 bond, which presently exists, does cover this work, and read the necessary portion; "the parties agree that the City shall release, discharge anu exonerate the bond at the next regular City Council meeting, after completion of the canal". V/M Massaro then MOVED to AGENDIZE BY CONSENT the item of Spring Lake I, release of C.O.s, for further discussion, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. -23- 7/28/80 Recon.7/23/80 mr/ W M; Mr. Bryan advised that this item concerned the off -site drainage agree- ment, which involved installation of a 50 foot canal, and the under -- street drainage on Tract 2, going under N.W. 100th Avenue. At the time of approval, he said, there was discussion as to necessity for bonding the improvements. It was understood and agreed by the parties at that time, he indicated, that the existing $300,000.00 bond on Spring Lake, if reduced, would be reduced to the certified cost estimate for that work, plus the 25% warranty bond, on the total amount. Mr. Bryan also added that the amount would not be considered for release, until such time as the canal and the pipes were put in. It was understood by him that Staff has taken a different interpretation of this, with possible additional language inserted in a final draft, or from the Bonding Company. Mr. Birken said that he recalled that the existing bond was to be applied, if possible, to the work, but the bond was written for particular areas. Unless, he said, the surety company tells the City, if the work is not performed, that it can be applied towards this agreement. He felt there is absolutely nothing, outside of their word to accomplish this work. He also indicated that a letter has to be received from the surety company for such application of the additional work. Mr. Bryan requested that the developer be considered, because they were ready, willing and able to not reduce the bond below the amount, because it was part of the Spring Lake agreement, and part of the site plan and plat approval two years previous, as to the installation of the required drainage augmentation. He felt the draft did not indicate such intent. V/M Massaro said that the draft did not read in this manner, but the intent was there, also stating that there was no reason for the bond re- maining at $300,000.00, when it serves no purpose. She further stated that something was to have been issued by the insurance company, which would indicate tieing this into the policy, and not increasing it, due to the amount of work that was completed. But, she said, the alternative of $22,000.00 difference for bonding, on the culvert crossing, is in- volved, and the excavation of the canal. She additionally stated that a cash bond could be put up, rather than going through the insurance company, which could be returned when the canal is dug and approved by the City Engineer and released by Council. The Vice -Mayor further advised that the culvert crossing was going to be built in conjunction with the project, with the canal to be completed immediately, because of the danger with rains, and an additional reten- tion area. The other work, she said, was not ready, but would be handled with Tracts 1 and 36. The culvert crossing, she advised, was to be in- sured when the reduction was made to the 25%, by adding the cost of the culvert crossing, and involved the bond, but not reducing it. The first bond was to be left at $300,000.00, with an endorsement to the policy that would tie the excavation of this canal into the original. Gene Lozano of Carnahan Engineers, said that he last saw the operation on Thursday evening, and felt that 50% was completed, and would involve getting a drag -line and dressing up the banks, as per the ordinances. The dredging was presently being accomplished with the back -hoe. Mr. Bryan said there was one C.O. required last Friday, and was aware of five being left. Mr. Birken felt that the C.O.s were not a problem, but the bond was of concern at this time. Mr. Bryan suggested that HLR.provide the City with a letter, which would specifically cover the balance of the work, and include the pipes, and in -walls, as required to go under 100th Avenue, which should be added as endorsement. Also, he said, that it be put on the September 10th Council meeting, and, releasing three of the five C.O.s. Mayor Falck said the developer has been doing business with the City, and he would be satisfied with the letter, and releasing whatever is possible in the way of units. Council members agreed that all the C.O.s should be released. Mr. Bryan said this would be added as an endorsement, which would de- lineate the scope of work, in the form of a letter being drafting from HLR, Inc. MOM 7/28/80 Recon.7/23/80 mr/ C/M Disraelly MOVED that the bonding for the Spring Lake Agreement provide that a letter go from HLR, Inc. to the bonding company, with an endorsement to the City, covering the 50 foot canal and the culvert crossing under 100th Avenue; also, that it be brought to Council at the September loth meeting; also, that the C.O.s for Spring Lake I be re- leased, subject to the Chief Building Official. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. The Assistant City Manager, Laura Z. Stuurmans, advised of two memorandums that crossed the City Manager's desk this day; namely, one from the Police Department, and another from the Public Works Shop Superintendent. The Shop Superintendent, she said, indicated that the conditions of five Police vehicles as being economically beyond repair, and beyond their useful life expectancy. The memo, she noted, from the Police Department does advise that the dealer has available, two additional vehicles that the City could purchase, at the bid price of $7371.92 per unit. This, she said, would be an addition to the seven vehicles which were awarded in a previous bid. She further stated that the City Manager requested to agendize by consent, this item, for such purchase, with a budget amendment from the Contingency Fund. C/M Zemel said this might involve a problem, because a bid has gone out for seven vehicles. 71. Request from the Police Department_ for three (3) additional vehicles - Discussion and possible action. SYNOPSIS OF ACTION: AGENDIZED BY CONSENT - Denied C/M Disraelly MOVED to AGENDIZE BY CONSENT the purchase of two (2) Police Department vehicles, per Jim Stuurmans, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. C/M Zemel said that seven vehicles went out for bid, and the unit price was contemplated by the bidder, on this amount, because nine vehicles might have given the City a different and possibly cheaper price. Also, he said, that the City Charter has a $2,000.00 limit, and was not in agreement with this request. Mr. Birken concurred. C/M Zemel MOVED to deny this request for the purchase of two additional police vehicles, and V/M Massaro SECONDED. VOTE: ALL VOTED AYE. 59. Woodmont Tract 74 and''75 - Discussion and possible action on: a) Site Plan b) Plat - Temp. Reso. #1723 c) Water and Sewer Developers Agreement SYNOPSIS OF ACTION: Items a),b), and c) Tabled to 8 5 80 meeting. V/M Massaro MOVED to table Items a), b) and c) to the August 5, 1980 meeting, and C/W Kelch SECONDED. VOTE: ALL VOTED AYE. V/M Massaro requested that Item#47 -- Concord Village Z, Item #48 - Northwood II, and Item #49 - Spring Lake II be considered at the August 5, 1980 meeting. MEETING WAS RECESSED TO TUESDAY, AUGUST 5, 198 ATTEST: SSISTANT CITY CLERK -25- 7/28/80 Recon. 7/23/80 mr/ W This public document was promulgated at $ 0. per copy, to inform the general and employees about recent opinions and City Council of the City of Tamarac. IrMI J a cost of $ �,��0 or public and public officers considerations by the APPROVE BY CITY COUNCIL ON fib 7/28/80 Recon. 7/23/80 mr/ J