HomeMy WebLinkAbout1980-10-01 - City Commission Reconvened Regular Meeting Minutes5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321
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NOTICE OF RECONVENED MEETING
CITY COUNCIL
TAMARAC, FLORIDA
Please be advised of a Reconvened Meeting of the City Council
on Wednesday, October 1, 1980 at 9:00 A.M. in the Council
Chambers, 5811 N. W. 88th Avenue, Tamarac.
Council may consider such other business as may come before it.
The Public is encouraged to attend.
Carol A. Evans
Assistant City Clerk
9/25/80
/lc
CITY OF TAMARAC
RECONVENED CITY COUNCIL MEETING
October 1, 1980
(from 9/24/80)
CALL TO ORDER: Mayor Falck called the meeting to order at 9:00 A.M.,
Wednesday, October 1, 1980, in the Council Chambers.
ROLL CALL: PRESENT: C/W Marjorie Ketch
C/M Irving Zemel
C/M Irving Disraelly
V/M Helen Massaro
Mayor Walter Falck
ALSO PRESENT: E. A. Gross,.City Manager
A. Birken, City Attorney
C. Evans, Asst. City Clerk
69. Relocation of Utili� Lines - McNab Road
SYNOPSIS OF ACTION: Agendized by majority consent.
(See Page 13)
V/M Massaro MOVED to AGENDIZE BY MAJORITY CONSENT, an item that refers to
the relocation of pipes on McNab Road, indicating that there is an
extreme emergency there.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
For Council's information, Mayor Falck read the schedule of items to be
discussed.
68. Drainage Augmentation - Bid Award
SYNOPSIS OF ACTION: Agendized by majority consent.
(See Page 11)
C/M Zemel MOVED to AGENDIZE BY MAJORITY CONSENT, item on Drainage
Augmentation.
C/W Ketch SECONDED the motion.
VOTE:
"i(rJY0� _ti-m
34. F & G Bros. Mann ement - Modell Pro - Discussion and possible
action,concerning monies expended by the City in processing this
project.
SYNOPSIS OF ACTION: Approved, withholding $1,000.00
for City costs. . RESOLUTION NO.R-ge,--.L2 PASSED
Arthur Birken, City Attorney read Temporary Resolution #1704 into the
record.
V/M Massaro discussed a memo From the City Manager's office whereby the
figures total $550.87, and after going over some of the past meetings,
she arrived at a figure of $1000.00.
C/W Kelch MOVED to approve Temporary Resolution #1704, inserting in Section
1 that the City Manager is hereby authorized to refund the amount of
$4000.00 to F & G Bros. Management.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
37. Temp. Resolution #1636 - Discussion and possible action to
establish the street near Tamarac Utilities - West and Green
Thumb Garden Center, as Northwest 77th Way.
SYNOPSIS OF ACTION: Approved.
RESOLUTION NO.R-tCV2-;LJg PASSED.
Mr. Birken, City Attorney read Temp. Resolution #1636 into the record.
V/M Massaro MOVED for approval of Temporary Resolution #1636, and C1W
Kelch,SBCONDED the motion.
VOTE: ALL VOTED AYE.
40. Vacation or Partial Vacation of Easements or Ri hts-of-Wa - Temp.
Reso. #1760 - Discussion and possible action to establish fees for
applications for vacation or partial vacation of easements or rights --
of -way.
SYNOPSIS OF ACTION:
Approved as amended.
RESOLUTION NO. R-'S`i ,.) ,' .PASSED
V/M Massaro stated that if a normal application for vacation of easement
has to be processed; then she thought a figure of $150.00 might be reason-
able. However, when a group comes in, the City must establish a fee for
the number of easements being put in.
C/M Disraelly mentioned that there is no fee charged for the application of
vacation or partial vacation of easements and .there is some staff work done;
however there should be a fee commensurate with the application. C/M
Disraelly further stated that we should insert on Line 14, "partial vacation
of each easement for a fee of $25.00" which has been discussed with the
Building Department and the City Attorney.
C/M Disraelly MOVED passage of Temporary Resolution #1760 whereby Section 1
will read "The application fee for the vacation or partial vacation of each
easement within the application shall be $25.00 payable at the time applica-
tion is made."
C/W Kelch SECONDED the motion.
Mr. Birken, City Attorney read Temporary Resolution #1760 by title.
C/M Disraelly repeated the MOTION and MOVED the passage of Temporary
Resolution #1760 whereby Section 1 will read "The application fee for the
vacation or partial vacation of each easement within the application shall
be $25.00 payable at the time the application is made."
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
41. Building Permit Fees - Temp. Reso. #1637 - Discussion and possible
action to amend fees for fumigation (tenting).
SYNOPSIS OF ACTION: Approved as amended with
fee of $15.00. RESOLUTION NO.Rg0-- -12-0 PASSED
The City Attorney read Temporary Resolution #1637 into the record.
C/M Disraelly stated that an exterminator had indicated that a fee of
$62.50 was an extremely high fee for tenting and that these fees range
from $5.00 to $15.00 in other communities.
C/M Disraelly MOVED that the fee be changed to $12.50 as this Resolution
read and MOVES the adoption of Resolution #1637.
C/W Kelch SECONDED the motion.
C/W Kelch discussed the $12.50 figure that C/M Disraelly had just suggested
and wanted to know if the fee is sufficient since the Fire Department must
be sent out. V/M Massaro stated that very little has to be done by the
Building Department, but that the State controls it and monitors it.
Albert Miller, Chief Building Official stated that it must be completely
licensed by the State and they must notify the Fire Department. V/M
Massaro mentioned.that the only problem is that we have to write out a
permit and C/M Disraelly asked that when Mr. Miller issued a permit, that
the Fire Department be notified.
C/M Disraelly amended his MOTION for the fee to be $15.00.
C/W Kelch SECONDED the motion including the amendment.
VOTE: ALL VOTED AYE.
42. Consumer Protection - T Reso. #1631 - Urging City residents to
support Broward County Commission in restoring enforcement powers
to Cons-umer Protection Board.
SYNOPSIS OF ACTION: Adopted.
RESOLUTION NO. R- PASSED
The City Attorney read Temporary Resolution #1631 into the record.
C/W Kelch MOVED that Temporary Resolution #1631 be approved and endorsed
this action.
C/M Disraelly SECONDED the motion.
VOTE: ALL VOTED AYE.
GENERAL ADMINISTRATIVE/FINANCIAL
15. Florida
of Natural Resources - State .Aquatic Plant Control
Program - 1980/81 - Discussion and possible action on:
a) Authorization to execute Department of Natural Resources
Aquatic Plant Agreement - Temp. Reso. #1634
b) Appointment of City Liaison Officer - T2M._Reso. #1635
SYNOPSIS OF ACTION: a) adopted; b) Adopted RESOLUTION NO.R- V'O PASSED
RESOLUTION NO. R - T - �j: PASSED
a) Arthur Birken, City Attorney read Temp. Reso. #1634 and Temp. Reso.
1635 by title into the record.
V/M Massaro asked what Temp. Reso. #1635 meant and City Manager Ed Gross
replied that the project requires an individual to be the liaison or agent
with the State in order to file the necessary forms and asks that the
liaison be Laura Stuurmans, Asst. City Manager.
C/M Disraelly MOVED the adoption of Temporary Resolution #1634, and
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
b) V/M Massaro said she wishes Council had been given the actual language
or the article that requires it so that we know what we are to do and
asked if we had been assigning these responsibilities to Evan Cross,
although she had no objection to Laura Stuurmans handling it and is
wondering if we are scattering things. Mayor Falck stated that he
didn't think we were scattering things.
C/W Kelch MOVED to approve Temporary Resolution #1635 with the insertion
in Section 1 that the Assistant City Manager Laura Z. Stuurmans currently
named, shall work with the Department of Natural Resources.
C/M Disraelly SECONDED the motion.
VOTE: ALL VOTED AYE.
p - y Utility Operations - Discussion and.
16. Tele hone Service City and
possible action to authorize the City Manager to seek proposals for
telephone service for the City and Utility operations.
SYNOPSIS OF ACTION: Tabled to 10/22/80 meeting.
-3- October 1, 1980
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Mr. Gross discussed the fact that our present system was put in
when this building was originally built and that the five year
agreement has expired. Mr. Gross further stated that we have
had break -downs in our equipment due to the expanded load to the
City and we are asking for specific proposals by companies, and
suggesting that proposing companies make a survey of the City.
He also mentioned that after bids come in, then we can discuss
hiring of a consultant which would be an expensive proposition.
C/W Kelch asked if we are precluding the telephone company and
the City Manager replied no, but it is a private system that any
company, including the telephone company, can survey the City
and give us a bid and that it would cost $8,000 to $14,000 to get
a consultant. C/M Zemel asked who wrote the specs and Mr. Gross
answered that it was the Purchasing Department.
Arthur Birken, City Attorneys said that if you read the specs,
they are essentially a blank check for anybody to come in and
propose anything they want to, and that it will be extremely
difficult to compare proposals. Mr. Gross indicated that he
disagrees completely with the City Attorney and feels that if we
get ridiculous proposals, we can then consider them. He further
felt that Mr. Birken was legally right, but if the City Council
wished to hire consultants, this can be done at a very high cost;
Mr. Gross felt that companies can come in and give us prices and
Council has to make the decision as to whether we should save
the money on the consultant or not.
C/M Disraelly mentioned that on April 30th he had sent a memo to
the City Manager and another memo was sent on September 25th
mentioning that he'had been over to Visual Graphics and suggested
that we talk to Charlie McCue at Visual Graphics who had received
a half dozen proposals, but indicated they had used First Communi-
cations of Miami. Mr. Gross said he had been in contact with
these people, but private companies set their own bid package to
sell their own pieces of equipment. Mr. Gross further indicated
that the Purchasing Officer mentioned that the original set of
specs came from Barry Magnus, who is in our Utility Department,
and that John Cezard reviewed these figures with Mr. Magnus and
felt that this proposal would get us the basic information that
we needed in order to go ahead and review the system without going
to a consultant; however Mr. Cezard felt he would prefer to have
a consultant write up the specs, but in the meantime Mr. Cezard
indicated that outside companies could bid and then City Council
could come up with a system that would be adequate.
(tape side #2)
C/M Zemel MOVED that the item for proposed telephone system be
tabled until a Council meeting date is set by the Mayor as an
agendized item.
V/M Massaro indicated the motion seemed too indefinite and the
motion died for lack of a second.
C/M Disraelly wanted to know if Council was to do these things, or
is staff going to do these things. He felt he can't become a com-
munications expert a month from now and indicated that the City
Manager should investigate and come back to Council with a report.
V/M Massaro MOVED that the City Manager be prepared to come back
at the meeting of October 22nd and give us the answers to
questions asked here and any others he can anticipate and present
the facts as known.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
-4- October 1, 1980
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17. Self Insurance Fund for Small EEQu nmeiat -- Discussion
and possible action.
SYNOPSIS OF ACTION: Tabled to 10/22/80
meeting. .Input from City Attorney
required.
Mayor Falck said he has received from the City Manager's office,
a partially completed inventory and that he had also received
a long comrr-_anication from Steve Wood which is being sent to the
City Attorney; the Mayor suggested that this matter be tabled.
Mayor Falck indicated that the purpose of this insurance fund
was to save money; Mayor is asking for memo with input from
the City Attorney.
V/M Massaro asked if we are now insured on small tools and the
Mayor replied that in part we are. She then indicated that
someone should be there to supervise the tools, or no insurance
will help.
C/M Disraelly discussed memorandums he had sent to the City
Manager a number of months ago, his last memorandum indicating
that we take inventory as of today, establish a fund based on
that and work from there.
Mayor Falck discussed the fact that the first self insurance
fund has and is working very well; they needed to find out
what was to be covered under the self insurance fund and the
Mayor didn't care anythingaboutthe inventory, but obtain a
list of the equipment that Council wants to pull out of the
various insurance polices and set up a self insurance policy
for it, making sure the items are properly identified.
Mr. Gross agreed with the Mayor and made mention of the fact
that small tools means anything over $100.00.
C/W Kelch MOVED that Item 17, Self Insurance fund for small
equipment, be tabled until the October 22nd meeting.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
17A. Bid Authorization for Boiler and Equilmient Insurance
SYNOPSIS OF ACTION: Agendized by consent. Approved.
Mayor Falck suggested that we agendize authorizing the City
Manager to go out for bids for boiler and equipment insurance,
and mentioned that there is a rather extensive problem and
that the City is trying to get a policy that will cover all of
the pumps, the electrical equipment including the pump houses
on the C-14 Canal, the lift stations in the Tamarac West area
and East area, and certain equipment at the sewer plant here
and certain equipment at the sewer plant East of 441.
C/W Kelch MOVED to AGENDIZE by CONSENT authorization for the
City Manager to get bids for boiler and equipment insurance.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
-5- October 1, 1980
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Mayor Falck indicated that we have the pump houses out here
insured and we have the lift stations insured under a present
boiler and equipment insurance policy. He went on to say
that at the same time, we have the lift stations East of 441
that are insured as a part of another contract; also that
there are certain other items that are insured under SMP
Policy East of 441 and we need to add some things here.
Mayor Falck explained that what we want to do is go out for
bid for a package policy to cover all of this, then assuming
we get the bid, we will be taking from the SMP Policy, the
coverages that exist on equipment East of 441 and they will
be going into the new equipment policy which has been in
existence and does cover the pump houses and the rest of the
equipment out here. The Mayor said the City needs to go out
for bid to define and ask these people to establish cost per
item so that we can determine the total cost to the City and
whether or not we can save considerable money by taking these
other items out of existing insurance policies and having one
coverage for the whole thing.
C/W Kelch MOVED that the City Manager be authorized to go out
for bids on boiler and equipment insurance in accordance with
the program as outlined by Mayor Falck.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
COMMUNITY DEVELOPMENT
53. ' Trigg's Restaurant - Revised Site Plan - Discussion
and possible action to approve a revised site plan for additional
expansion.
SYNOPSIS OF ACTION: Approved in accordance with
Letter received -from VorderiLteier regardiny parkiny.
Mr. Wann Gays presented letters to the Council from the Owner
of the Stonehaven Shopping Center and from the two doctors
adjacent to Triggs Restaurant, all stating that there was no
objection to the enclosure as requesteq.. Mayor Falck read
these communications and copies of the letters were given to
Council.
Evan Cross,•City Planner held a lengthy discussion with Council
about parking spaces and it was decided that parking would not
be a problem at this time and that the revised site plan had
been complied with.
C/M Zl A'UVED that Revised Site Plan MF 26-76 for Trigg's Restaurant be
approved for enclosure and for the revised sidewalk and for the revised
reduced curbing in accordance with a letter received from Vordermeier
agreeing that this will be handled under the final agreement with final
rnvise site plan, and C/!' _Yelch SE00,=) the motion.
VOTE: ALL VOTED AYE.
GENERAL ADMINISTRATIVE/FINANCIAL
18. - Florida League of Cities - Discussion and possible
action to select voting delegate for Annual Convention.
SYNOPSIS OF ACTION:
Mayor Falck selected as voting delegate.
C/M Disraelly MOVED the Florida League of Cities Convention
on October 23, 24, and 25th have as its voting delegate, Walter
W. Falck, Mayor of the City of Tamarac, and C/M Zemel SECONDED
the motion.
VOTE: ALL VOTED AYE.
C/M Disraelly requested that the City Clerk send formal notif-
ication to the League at once.
-6- October 1, 1980
/no
20. - Tamarac Elementary School - P.T.A. - Discussion
and possible action on a reque_ stto waive fees in conjunction
with the Tamarac Elementary School Carnival on November 16, 1980.
SYNOPSIS OF ACTION: Fees waived for inspections
and license. Chief Building Official
to make inspections.
Mayor Falck read communications from the Tamarac Elementary
P.T.A. addressed to the Council, and then read ITEM #20.
C/M Disraelly referred to items of this sort that did require
inspections such as plumbing, electrical and structural with
the City Attorney having been present, when we approved waiving
of the fees of non-profit organizations and as long as we make
and require that the inspection be made, this is the crux of
the answer. C/M Disraelly then MOVED that the proposed Tamarac
Elementary School Carnival to be held on Sunday, November 16th
have fees waived for the occupational license, the electrical hook-up, parade
license, plumbing license, structural building permit, police parade route
fee, if there is any; however the Building Department shall be instructed to
make the inspections regarding electrical, plumbing and structural.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
LEGAL AFFAIRS
3$. - B-5 and B-6 Zoning District Business Uses - Temp.
Ord. #785 — Discussion and possible action concerning amending
Code modifying advertising requirements and increasing maximum
floor area of buildings, which may be devoted to accessory
uses. First Reading.
SYNOPSIS OF ACTION: Approved on first reading as
amended.
(tape side #3)
Mayor Falck read Item #38 and then C/W Kelch discussed a memorandum she
received from Barry Eden; this memo only having been sent to herself and
Evan Cross and she asked Mr. Cross if he had spoken with Mr. Eden. Mr. Cross
indicated that he couldn't offer any input on this.
C/M Disraelly asked if C/W Kelch would yield to him and she concurred. C/M
Disraelly suggested that Bloodbanks in B5 and B6 on Line 5-1/2, the word
"commercial" be deleted and include this in B5 and B6, Line 14 Candystores
add l and 2, Bondsmen should be included in B5 and B6, Carry --Out Food Stores,
C/M Disraelly said he thinks the words "no kitchen preparation",shou;id be arl&_�d as
on Line 18; Council discussed Cosuetics, Retail & Incidental, Line 26 and
27 and decided it should not be included in B5 and B6 on Page 7. C/M Disraelly
asked about Currency Exchange and decided it should be included in B5 and B6,
Curb & Auto Service should be left alone, Eleemosynary Institutions should
be left alonff:which is on Page 5, Office Furniture, Business Machines on Page
7 should not be included in B5 and B6, and Restaurants and Dining Room on
line 15-1/2, Page 8, 1 and 2 should have an asterisk for special exceptions.
C/W Kelch again referred to Barry Eden's memo regarding reducing salons and
why is a special exception required when it is no so required in Bl and B2.
C/W Kelch indicated that the reason seems obvious, as the City only wants
certain types of reducing salons which are compatible with doctors' offices
and the likes. Mr. Eden also questioned in his memo why Business Schools are
not permitted in B5 and B6 with special exception as in B1 and also suggested
including Driving Schools in B5 and B6 and Council discussed the fact that
a traffic situation would exist.
-7- October 1, 1980
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Council then discussed Free Standing Directory Signs and C/M Disraelly said
he thought Council should leave it as it is.
C/M Disraelly MOVED adoption of Temporary Ordinance #785 amended as dis-
cussed, first reading and C/W Kelch SECONDED':the motion.
VOTE: ALL VOTED AYE.
CC MIUNITY DEVELOPMENT
49. - Varsalona's Restaurant - Discussion and possible action to refund
balance of cash bond posted for dumpster.
SYNOPSIS OF ACTION:
The sum of $125.00 to be
refunded to Varsalona's.
Mayor Falck read Item #49 and discussed a communication from the Chief Build-
ing Officical of the Building Department regarding this item dated September
2nd.
C/M Disraelly mentioned that the previous minutes reflected that a dual fee
should, be paid and Mr. Miller clarified the matter by indicating that the
cost of the permit was $35.00 for the dumpster and that all permits were
pulled for that job, that there was a $300.00 bond and Varsalona had a permit
all along.
C/M Disraelly read from the minutes of August lst and said there was a
mistake. Mr. Miller said that when he filed return of the bond, he saw the record
of Council action that Varsalona should be double feed, and he then went back
to check the file and found he.was not subject to a double fee.
C/M Disraelly MOVED that based on information received today, Council reconsider
action take on August 1st regarding the double permit fee.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
C/M Disraelly MOVED that the revised site plan which was previously approved,
be further approved, and the fact that the single permit was sufficient for
the building of the dumpster enclosure, further MOVED that $125.00 be
refunded to Varsalon�L's Restaurant, and C/W Kelch SECONDED the motion.
1�L01— a
47. - Tract 27 - Land Section 5 - Report by City Manager - Discussion
and possible action concerning the remote Storage Tank. (corner Nob Hill Road
and 77th Street).,
SYNOPSIS OF ACTION: Tabled to 10/8/80.
Mayor Falck read the item and City Manager Ed Gross reported to Council that
he had no further information on this item from the Engineering Department
and felt that at the next meeting final disposition of this item could be
made with recommendations of staff.
C/W Kelch MOVED to table this item until next regular meeting of October 8th,
at which time Council expects a full report, and C/M Disraelly SECONDED the
motion.
VOTE: ALL VOTED AYE.
--8- October 1, 1980
/pe
51. Tamarac Lakes Sewers - Discussion and possible action to
approve.initial engineering by Williams, Hatfield & Stoner
per Community Development Committee request.
SYNOPSIS OF ACTION: Approval granted
to enter into agreement with Williams
Hatfield & Stoner for plans & contract
documents at sum not to exceed $5500.00.
Mayor Falck read this item and C/M Disraelly mentioned the meeting
of July 31st where the Citizens Advisory Committee moved that the
committee authorize a project for the sewers in the Tamarac Lakes
and that the amount of the grant requested be in the amount of
approximately $150,000.00. C/M Disraelly went on to say that we
had a recommendation from Williams, Hatfield & Stoner dated
July 7th, 1980 indicating that the projected.cost would be
$139,000.00 and to obtain a grant from the County or to provide
the funding of this through the Community Block Grant Program to
be put on their program of April, 1981, we have an estimate from
Tony Nolan of approximately $55,000.00 for engineering costs and
stated further that we can't go for grant or apply to the
Community Development Program without an engineering figure.
C/M Disraelly MOVED to enter into an agreement with Williams,
Hatfield & Stoner for the engineering costs to develop construc-
tion plans and contract documents for Lakes 1 at a sum not to
exceed $5,500.00.
C/W Kelch SECONDED the motion and then asked if this would be an
expenditure of the City.
Mr. Gross explained that this project is mandated by Federal Law
and once the 201 ,Program goes into operation the law requires
that all residential commercial units within X number of feet
from the system must have full sewage treatment. C/M Disraelly
asked where the funding would be taken from and Mr. Gross replied
that it will be taken from Utility East.
VOTE: ALL VOTED AYE.
63. Executive Airport -Temporary Resolution #1643 relating to
the environmental assessment worksheets for the releases of
airport land.
SYNOPSIS OF ACTION:
Adopted as amended. RESOLUTION NO.R- XD i7,202,a PASSED
C/M Disraelly explained to the Mayor that this is a Resolution
that was prepared by the City Attorney to require the Executive
Airport to review simultaneously the projects dealing with
installation of TLS and extension of Runway 8 and the related
impact be considered and that he would like added the words
"and not individually" on Line 4 and this to be forwarded to the
Mayor of the City of Ft. Lauderdale and other proper officials.
C/M Disraelly MOVED for the adoption of Temporary Resolution #1643
and C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE. (C/M Zemel away for this vote)
61. Isles of Tamarac
a) Bond Reduction
b) Payment to Broward County for McNab Road
SYNOPSIS OF ACTION: a), b) Release. of $50,000
approved, $25,000.00 retained which includes
the $9,000.00 to be paid to Broward County.
-9- October 1, 1980
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V/M Massaro mentioned that Mr. Keating has gone over this very
carefully and feels that we could release $50,000, which would
leave $25,000, which would take care of the wor��,�eU0rather than
k33, but the County
has made request to withhold the mone hh o 134.t V/M Massaro said it would seen that the City Yait
the $25,000.00 because the City has a ccumi.ttment to the County that the
money be withheld for them.
Mr. Glusman explained that he has done or completed all the work give or take
except for 4 catch basins for which he has given Mr. Keating a bid which is
$225.00 apiece or a total of $800.00 and Mr. Glusman stated that he objected
to the fact that he has been waiting 2-1/2 months for his money when most of
the work has been done with the exception of a small item for $50.00.
be
V/M Massaro stated that what has to be done there is now going to/minimized
because of the shopping center across the street and feels there will be a
drainage problem, saying further that there will be no median, but a concrete
separator on the corner; however she doesn't want to impose a hardship on
Mr. Glusman. V/M Massaro said that someone will have to take out the trees.
(tape side #4)
Mr. Glusman further said that he had plans which were approved by the City
and the County and he was made to pay $8,500.00 to change the plans and the
plans were changed.
V/M Massaro mentioned that the City had nothing to do with this, and went on
to say that the trees had to be removed and the curb put in if the shopping
center if not built; that $34,000.00 should be withheld and the rest released.
Mr. Glusman said that he would remove the trees.
City Manager Ed Gross said that the City Attorney recommended in a memo that
we withhold $25,000.00 which included the $9,000.00 to the County and that
Council could look into this.
C/M Disraelly stated that he had no objection if Council wished to reduce the
cash bond for this project to $25,000.00.
V/M Massaro asked Larry Keating what our position would be if the shopping
center doesn't go in and Mr. Keating replied that the run-off flows to the
South side of the pavement because that is the way the land is graded and would
not be a problem and went on to say that the Engineering Department has made
sure that their plans include adequate consideration of the drainage and the
slope of the roadway.
V/M Massaro indicated that Mr. Keating didn't go all the way and there there
is a problem right now and that we have delayed any action on this because
either the trees have to come out or a curb goes in and if the shopping center
doesn't go in, V/M Massaro wanted to know what would happen then.
Mr. Keating said he believes this was previously talked about as far as the
existence of the trees in the medianstrip and V/M Massaro asked what the cost
would be to the City in view of the fact that something more has to be done
there with the curbing or the trees.
Mr. Keating advised that Mr. Glusman could elect to take the trees out and
move them or give them to the city or to bulldoze them down.
C/M Disraelly discussed the fact that if the shopping center doesn't go in,
there is a drainage problem, which can be eliminated if the trees are removed.
Mr. Keating said he was not aware of a drainage problem out there and stated
that if V/M Massaro was concerned about sufficient money remaining to take care
of the problem with the trees, he had already made his recommendation to retain
$25,000.00 which is a very conservative figure, including the $9,000.00 for
road construction because of the fact that at that time they had not gone back
and re -inspected the punch list items. He further indicated that since then
they have completed re -inspection of the underground facilities which was his
major concern as to where a heavy cost could be, and those inspections have
shown that the underground lines are in good shape and that there are no
problems there.
C/M Disraelly said that based on the input Mr. Keating has given, there is still
the problem of the median as to whether it is going to be curbed or if the
curbing is not put in, the trees will have to be removed, that being contingent
-10- October 1, 1980
as he understands it, based on the action that is taken with
West Tamarac Shopping Center this afternoon. If Tamarac
Shopping Center does not go in, then Mr. Glusman is either
going to have to curb which could cause a drainage problem, or
he will remove the trees. C/M Disraelly asked Mr. Glusman
to donate the trees to the city if he removes them.
C/M Disraelly MOVED under those circumstances to retain
$25,000 which would include the $9,000.00 that we are going
to pay to the County and release $50,000.00 retaining $16,000.00
for the City.
V/M Massaro referred a question to the City Attorney about the
trees.
V/M Massaro SECONDED the motion.
V/M Massaro went on to ask about a law in the County that you
can't remove a tree without replacing it, and Mr. Birken said
you either have to pay money or get a permit to remove a tree.
V/M Massaro indicated that there has to be an understanding
that when the trees are taken out of there, and they have to be
replaced and she thinks Mr. Glusman should be making a commit-
ment that he will be replacing those trees in our City.
C/M Disraelly mentioned to change the word "donate" to "replace."
He then asked Mr. Glusman to replace the trees for the City
instead of just donating them.
Mr. Gross clarified that the City not only wants the trees taken
out, that Mr. Glusman plant them someplace else because that is
what the law requires.
Mr. Glusman asked if he could put them in his project and V/M
Massaro indicated that he could do that, just as long as they
are planted in the city.
VOTE: ALL VOTED AYE.
Mr. Glusman asked for a little time period, because he doesn't
know what is going to happen until they start construction.
V/M Massaro said he will be instructed by the City Manager.
The City Manager stated that he believes the City will have to
get some kind of insurance policy if the trees are going to be
left for any length of time.
Mr. Glusman said that would be alright and asked about his
$16,000.00.
V/M Massaro stated there is no point in Mr. Glusman coming back
before Council until those trees are resolved.
67. - Authorization for Vice Mayor to attend seminar on
Florida Water Law__
SYNOPSIS OF ACTION: Agendized by consent and
authorization given.
C/M Disraelly MOVED that V/M Massaro be given authorization to
attend the Water Seminar in Tampa on the 31st of October, 1980.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AVE
64. Milla e - Ca ital Reserve Account.
SYNOPSIS OF ACTION: Established - See
Minutes of September 29, 19Rn.
68, Drainage Augmentation - Bid Award
SYNOPSIS OF ACTION: Agendized by consent.
a'anied to 10/8/80 meeting pending further
review by Tony Nolan.
-1.1- October 1, 1980
Mr. Tony Nolan indicated that he is not ready to make a good
recommendation at this point and believes that he has to
talk to the contractors so that the other contractor they
haven't spoken to will hold his prices if we reduce the
scope of the project. He further stated that there is only
$200.00 separating the two contractors, and he will have the
information by the next meeting.
V/M Massaro questioned Mr. Nolan about the drainage problem
east of 441 and Mr. Nolan advised that he will have that infor-
mation by October 22, 1980.
C/M Zemel MOVED to table Item #68 until October 8th meeting,
and C/M Disraelly SECONDED the motion.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
50
- Land Section 7 - Rezonings
SYNOPSIS OF ACTION: Tabled for further consideration
at the proper time.
V/M Massaro discussed request made to rezone this land and felt
this would be a terrible mistake with the City having nothing
to gain and also felt that the City shouldn't absorb those
costs when developers can absorb them.
C/W Kelch asked if this has to do with Systems Engineering Lab
and V/M Massaro replied that the City wouldn't want to inter-
fere with Systems Engineering coming in.
Arthur Birken, City Attorney mentioned that there is a require-
ment that all zoning conform to the Land Use Plan within one
year of the date of the adoption of the Land Use Plan, which was
last November, and that this was before Council today to enable
staff to comply with those regulations.
C/M Disraelly questioned Mr. Nolan as to the cost of engineering
surveys and he replied that he thinks it was $3500 or $4000.
C/M Disraelly asked Mr. Nolan that if a developer wants to
develop and he is in the Northwest quadrant and it is going to
drain to the South of the City, can we require him to put
drainage in to wherever he had to go for that, or do we have
to consider the entire area and where the location of these
canals and drainage is going to go and can it be done piece-
meal.
Mr. Nolan stated that the network of canal drainage has not been
confirmed and that we are in the process of finalizing the
Master Plan with the Southwest Water Management District and it
may require some type of assessment project.
C/M Disraelly asked if this canal network also would be
predicated upon zoning or potential zoning and Mr. Nolan
replied that we would have to identify the parcel ownerships
so that parcels wouldn't be split up as well as zoning patterns.
V/M Massaro asked Mr. Nolan if there are provisions for drainage
and to rights -of -way that exist by plat and Mr. Nolan replied
that those rights -of -way might not be in an advantageous
location and that trade-offs might be able to be worked out.
V/M Massaro suggested that zoning should not be approved too
fast, at least until we know where we are
Mr. Nolan indicated that zoning has already been established in
Map of ll/1/78 on the Land Use Plan and has set the drainage
characteristics to extend the need for run-off and drainage
facilities. Mr. Nolan went on to say that if individuals did
request zoning, they would prepare it themselves; the figure
of $3000.00 might not be a valid figure, as it might be lower.
C/M Disraelly wanted to know if we could set up an assessment
-12- October 1, 1980
/pe
district and Arthur Birken answered that a certain portion of that
cost could be passed on but we couldn't do it now and recapture
the money. C/M Disraelly asked that after the conceptual plan,
what about implementation of the plan and Arthur Birken said it
can be implemented without zoning. Mr. Nolan said the plan is
in a drafting stage.
ape side #5)
V/M Massaro MOVED that this item be tabled for further action at the
proper time and C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
6.9. - Relocation of Utility Lines ` McNab Road
SYNOPSIS OF ACTION: Agendized by consent. Letter hand -
carried t0]3roward County.
V/M Massaro discussed the fact that there have been a series of
unexplained things and numerous break -downs in communication among
many people and said they had come to the point where the contractor
had to stop or continue, and beginning on September 17th there has
been a penalty of $673.18 per day for their costs in making the
change.
V/M Massaro said we have to have that line which would cost approxi-
mately $72,000.00, the engineer having given us a figure of
$75,000.00 plus $673.18 per day, bringing the amount to an extra
$9,424.52 for 14 days. She believes we should try to find out from
Mr. Nolan whether this is our responsbility and who should be pay-
ing for this, stating further that they are giving us 30 days to
get the contract from the county to them. After 30 days, the clock
starts again and it will cost $673.18 per day; the County has agreed
to walk this through.
C/M Zemel wanted to know who issued the "stop work" order, and Mr.
Gross said nobody, and then Mr. Keating said he had issued the
contractor a permit for the work of clearing, grubbing and drainage
installation, and now permit is available in-house for construction
of the water line, but cannot proceed with the construction or get
a permit for installation of the force main until the matter is
resolved with the City and the County. Mr. Keating said the con-
tractor was formally notified to stop work.
Mr. Nolan said this entire matter evolved from the meeting of July
23rd, when the need to expand the size of McNab Rd. and University
Drive force main was discussed, and the contractor was informed of
this change. The City Manager said that we as a City, cannot
instruct the contractor to do anything and we can't stop them from
doing anything.
Mayor Falck indicated that the contract was completed and delivered
to the County.
Mr. Keating discussed two items; 1) An actual construction cost
differential based on installing 24" pipe and valves compared to
12" pipe. 2) An amount of approximately $9,400.00 which is a
cost that has to be justified and we must be aware that he is
making a claim and whether this claim is legal.
C/M Zemel doesn't agree with claim that there was an order to stop
work. Mr.. Keating said we are trying to determine whether it is a
legitimate claim andare trying to get them to work, and also trying
to reduce the number of days they say apply.
-13- October 1, 1980
The City Attorney thinks the only thing County will accept is
that the City Assume any costs County has to pay under the
original contract.
At Council's request, Mr. Nolan suggested the following Motion:
to authorize. the County to initiate a change order to the constructior
contract with Bergeron Land Development for the installation of a
24"sanitary force main in replacement of the 12" sanitary force
main shown on the original construction plans, said change amounting
to approximately $7,200.00, further acknowledging that the contractor
may have justification for costs incurred as a result of the delay
in initiating this change.
Councilwoman Kelch SO MOVED.
V/M Massaro SECONDED the motion.
VOTE: ALL VOTED AYE.
MEETING WAS RECESSED UNTIL 1:30 P.M., OCTOBER 1, 1980.
CALL TO ORDER: Mayor Falck called the meeting to order at 1:30 P.M.
Wednesday, October 1, 1980, in the Council Chambers.
ROLL CALL:
ALL PRESENT
66. Bid Authorization - Computer Package
SYNOPSIS OF ACTION: Agendized by Consent. City Manager
authorized to go to bid for the computer as defined
by our Finance Director and specifications given to
Council.
Mayor Falck read this item earlier in the meeting.
City Manager Ed Gross discussed the fact that Coastal Data was
bought up by a new company called Quantex, which is more a
manufacturing company than a service company and said they are
looking to s-11 equipment more than to provide service, which
has made their service poor to mediocre.
Mr. Gross went on to say that the computer we are now using is
not sufficient for our needs and that we need a more sophisticated
system. Mr. Gross stated that there are two ways to go about
this, a) Should we have a consultant such as Alexander Grant, to
find out what type of system we need for the City; it would be
expensive and would take about six months or so before we can go
out for equipment. Coral Springs hired a full time computer man
and his job was'to evalutate the whole city and come up with a
computer system. Mr. Gross said he thought our problems were
very similar; b) If Coral Springs feels we can do this, the
City can piggy -back on this and use the same equipment they have,
using their program and possibly we could reciprocate with the
use of each other's equipment.
V/M Massaro asked if Coral Springs had already ordered their
system and Mr. Steve Wood, Finance Director said they have
ordered the bid and are going to contract right now with Micro
Data Reality, a division of McDonald Douglas Corporation and
the service provides the same service as other vendors are pro-
posing, but at a substantially reduced cost, their cost being
on a lease -purchase plan in the neighborhood of $2,500.00 per
month, much less than they originally anticipated paying. They
are going to buy the system, but asked for a rental --a lease,
with a lease -purchase plan and an outright purchase. The
$2,500.00 per month figure would include both hardware and soft-
ware.
Mr. Wood indicated that he had been advised by Micro Data that
a system for this city would cost about $2,000.00 per month with
-14- October 1, 1980
/pe
hardware and software combined, and further added that Micro
Data currently services Long Boat Key. He mentioned that
Oral Springs Police and Fire Department Systems would make
their system more expensive than ours and after five years,
on lease -purchase plan, it would be owned by the City; they
would maintain it and supply us with terminals, etc.
C/W Kelch said that she would like to rule out a consultant,
as the information could be obtained from Coral Springs.
Mr. Gross replied that we are not going to have the same
complete package and that we have to go for bid as advised by
the City Attorney.
Arthur Birken said we have to give vendors an ample opportunity
to bid and we should go out to bid.
V/M Massaro wanted to know how this would affect the contract
we now have and Mr. Gross replied that our service organization
contract goes until December, 1981, but it is cancelable upon
30 day notice by the City of Tamarac without penalty.
C/M Disraelly asked Mr. Wood if the material was his, and he
replied that he paraphrased most of the material received and
has reviewed same.
C/M Zemel asked Mr. Wood how many CRT's Coral Springs System
comes with and Mr. Wood replied that he would like to see the
City have 9 CRT's.`Ihat generates a purchase order document that
You customize to meet your own standards; the English language
could be used and a programmer would not be required.
C/M Zemel asked what kind of a printer it would have and the
answer was a 600 line per minute printer and that it was fixed
discs and removable discs, as well as using discettes. C/M
Zemel asked if the system was expandable and Mr. Wood said until
about 1 billion bytes of main memory. C/M Zemel then asked how
many lines and how many characters; Mr. Wood said the standard
screen can probably handle 62 lines of communication, has emphasis,
no scroll; printer handles 600 lines per minute for the main
system printer and is an impact system printer.
V/M Massaro said she understands that this computer would be less
costly and Mr. Wood answered that we could get by on a lease -
purchase plan for between $24,000.00 to $26,000.00 per year as
we don't need to hire additional people to run this computer, and
that the vendor would train people here to use the equipment.
C/M Disraelly asked where it would sit and Mr. Wood replied that
it would take half the space of the computer room we have now
and wanted to be sure that multiple terminals could tie into the
same printer.
C/M Zemel wanted to know where the Burroughs System would be put
and Mr. Wood said the machine could be sold, but he will not have
any use for it. Mr. Wood further discussed batch mode processing
with regard to the new system.
Mayor Falck asked about backup and Mr. Wood said that in this
document we require vendors to give us back-up and asked that
Council appoint a committee to review these bids when they come
back.
The City Manager thanked Coral Springs for their help and cooperation.
V/M Massaro MOVED that the City
bid for the computer as defined
specifications that were given
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
Manager be authorized to go for
by our Finance Director and
to us.
-15- October 1, 1980
/pe
GENERAL ADMINISTRATIVE/FINANCIAL
12. - Public Service Commission Refunds - Tamarac Utilities -
Discussion and possible action on:
a) Development of Computer Software Program
b) Rental of one Entrex Terminal for four months.
c) Hiring of Entrex Computer Terminal Operator.
d) Approval of audit by Alexander Grant & Co.
SYNOPSIS OF ACTION: Finance Director directed to contact not less than
3 qualified computer companies from whom he can rent a terminal and
procure the necessary software to handle the processing of informa-
tion to generate refund checks, to rent a terminal and develop the
program.
The City Manager discussed the tremendous problems we are having
with Quantex Company to qet the computer system we need to take
care of PSC refunds and asks that Council agendize to go out
for bid for rental of a piece of equipment to use in this opera-
tion at an approximate cost of $2,200.00 per month. Mr. Gross
feels this will give us a better picture as to what computer
actually does for us.
Mr. Wood said he had submitted a tentative budget, allowing
approximately $10,000.00 for the developmentof software and some
additional money to rent some terminal devices from our current
processing agent, and he would now like to take those monies to
another vendor allowing the City to perhaps develop some rapport
with vendors and get some initial training for our people to
implement same.
Mayor Falck asked if we will still be connected with Quantex
and Mr. Wood replied that we would for a time, that is, until
we can do our own programming. Mr. Wood indicated that if we are
unsatisfied, the City could take that into account when we
received additional bids; the City needs to rent a piece of
equipment to do this PSC refund project and it would cost only
$800.00 according to a vendor Mr. Wood spoke to against what
Quantex wanted(which was over $10,000.00)to do this same pro-
gramming.
Mayor Falck asked Mr. Gross about an idea he had about anything
we might need to maintain this operation would be furnished by
them and not by us. Mr. Gross replied that any equipment that
we need for our contract that is separate, they would have to
give us to use, but unfortunately this item is not in the con-
tract. Mr. Gross said we are only talking about the billing
and they have told us that they intend to change their operation
to Michigan and they could not sell it to us because of our con-
tract, but would have to give it to us to use for the balanve
of our contract.
(tapeside #8)
C/M Disraelly MOVED that Finance Officer be directed to contact
not less than three qualified computer companies from whom he
can rent a terminal and procure the necessary software to
handle the processing of information to generate the refund
checks.
C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE.
REPORTS
57. City Council Reports
-16- October 1, 1980
/pe
C/M 2emel discussed the blasting problem at Coral Ridge
Properties over at Coral Springs, N.W. Corner and said he
has had many conversations with the blasting inspector, the
Chief Building Official for the County, as well as with
Commissioner Forman Due to the Council's hard work,
instead of 12 or 14 blastings each day, there is only one
blast in a working day and people are better satisfied, but
not completely and the City is trying to amend the County
Ordinance in some way to give the people some relief.
C/M Disraelly mentioned that some months ago he requested a
form to be prepared for the Council to show when a site plan
and plat come before us that certain items have been handled
such as landscape, the drainage requirements, the park fees.
In that manner we would have those most pertinent items that
we need without having to ask the question on every single
site plan and Council still hasn't been given that.
C/M Disraelly is also waiting to hear a report about the
establishment of a tickler file that would take care of the
various things that have termination dates such as model sales
offices, temporary signs and expiration of bonds; we did get
one recently pertaining to draw -downs.
Getting back to the first item again, there is a report of
park and recreation fees and the up -grading of lift stations
which are new items and we should have reports on whether the
water and sewage fees have been paid; also one item insofar
as ordinances are concerned and hopes that everyone has been
advised as to the necessity of having lighting standards by
the 1st of December.
Another item that has bothered him for many years is that every
time they write the sign ordinance, we write into those ordinances
that signs that are not in conformity with the ordinance; are
given a limited number of years in order to conform. This was
written into the ordinance in 1972, 1974 and every year since
and he would like to know if these various signs that were not
in conformity, were those people ever told that they have a
limited amount of years to conform. The last ordinance
written in 1979 gave them ten years, which seemed like a long
time. In 1976 we gave them five years and he wonders whether
since 1976 if anyone has ever been advised that by next year
those signs that were in existence in 1976 could be in violation
of City Ordinances. if notification was never sent out to them
advising them of that status, then we have no method to proceed
and C/M Disraelly presented the question to the City Attorney.
Arthur Birken said if we did not tell them, there is nothing
we can do about it.
C/M Disraelly stated that at some point in time he would like
a report from the City Manager instead of letting things ride.
V/M Massaro asked if in contracting for cleaning of the canals
whether the City saved any money. Mr. Gross replied that we
had, and that the cost of chemicals that we used previously was
substanially over and above what we are now paying. We were
spending over $75,000.00 or $80,000.00 just for chemicals and
now are only spending $40,000.00 a year for the total operation.
-17- October 1, 1980
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Mr. Gross continued saying that the only complaint he has
received is that during the summertime when water plants
build up, they are just below the surface of the water; when
the people who live near the canals mow their lawns and allow
the grass cutting to drop into the canals, they become scummy
because of high water temperatures - the City goes in and it
is sprayed again, making the water plants drop to the bottom.
C/M Disraelly asked whose responsibility it is to clean v,°eeds
and high plants. Mr. Gross replied that this is not part of
the Aquatic Weed Program and is not paid for through the
Aquatic Weed Control Program, and many of those high plants
are on private property.
C/M Disraelly discussed those weeds standing 5' or 6' above
the water and above the sea wall and Mr. Gross explained that
we have to send our people in to clean it up.
C/M Disraelly requested that sombody go down to the east end
of the Canal in back of Sands Point, behind Building B, which
is across the bridge.
V/M Massaro wanted to know why that wasn't the responsibility
of Joyce and Mr. Gross replied that there is only an 8' to 12'
area in the center of the canals that the Aquatic Weed Control
is supposed to take care of; however the chemicals can't be
stopped, therefore the chemical basically takes care of most
of the canals. If there is a dead end to a canal, that could
pose a problem.
C/M Disraelly wanted to know who takes care of the culverts and
Mr. Gross replied that the City does.
C/W Kelch discussed a problem in her area and Mr. Gross advised
that the City calls Aquatic Weed Control back in if there is
excessive growth and they in turn send a man to look at it to
see if it is their problem; if not, the City pulls it out.
C/W Kelch asked if there is a system for inspecting the culvert
crossings and Mr. Gross replied that the foreman in charge of
that area is supposed to be checking up on these things every
two weeks.
V/M Massaro mentioned that she will continue with her report
later.
COMMUNITY DEVELOPMENT
44. - Concord Village i - Discussion and possible action on
addendum to Water and Sewer Developers Agreement.
SYNOPSIS OF ACTION: $900.00 per unit was considered sufficient
-fee as e sted in Water & Sewer Developers Agreement
approved on 7/23/80. No amendment to agreement required.
Mr. Lon Rubin discussed the moratorium that was imposed and then
removed and said that as early as March 14th of this year a
Developer's Agreement was prepared which contained certain errors
and technical matters that he didn't agree with, so the Developer's
Agreement was not acted upon at that time and not approved by
Council. He stated that as late as May 8th Concord I received
another copy of the Developer's Agreement, indicating that he was
to pay $900.00 to the City for the connections and it was not
taken into account that the agreement that the City had with
Leadership regarding the fact that Concord was included into the
Leadership purchase; $542.00 was to go to Leadership and $358.00
was to go to the City and the agreement didn't go through.
Then the City made a determination that the Pump Station #18
would serve this area and the Concord I Developer's Agreement
once more was delayed because Concord II site plan and plat were
up for approval sometime in June and was finally concluded that
-18- October 1, 1980
/pe
the way to solve the problem was to put the onus and burden
on Concord 11 and that Concord 1 would share in this agree-
ment. Concord I Developer's Agreement was then further delayed
until the resolution of that issue.
This was all going to be resolved at the last meeting in July
and then the Council decided after a study.by Williams, Hatfield
and Stoner that the whole Sections 4, 5 and 6 Force Main area
was inadequate and the City was going to have to spend sub-
stanially more money to upgrade the whole system and therefore
it was decided to impose a $100.00 surcharge and sewer and
water connections became $1000.00.
On July 23rd, when agreement was signed, they City accepted
and cashed Mr. Rubin's check for $100,598.00. At the July City
Council meeting the acting City Attorney insisted that the
only way that water and sewer Developer's Agreements that were
going to be held on that date would have to contain some
language which was personally negotiated with the acting City
Attorney, containing some reference to possibly paying some
additional charges based upon a "fair and equitable doctrine."
Mr. Rubin indicated that it was stated at that time that the
City hadn't even undertaken the study and very shortly after
that, the City just acted on its recommendations by Williams,
Hatfield and Stoner and enacted a $100.00 surcharge.
Mr. Rubin feels that with particular reference to Concord
Village I, this is grossly unfair and although he was willing
to enter into a Developer's Agreement, was prevented from
doing so only because of all these varying circumstances. He
said this item has been tabled many times through no fault of
his own and it is now going to cost him $1000.00 if this amend-
ment is signed. He indicated that he has already agreed to
contribute to the Pump Station upgrading and now the City is
saying that onthe$100,000.00 that he paid in advance, he won't
be able to avail himself of the provisions of the law that now
exists. He further expressed that he doesn't need to spend
$100,000.00, but that he would be entitled to provisions under
the City's law to get a refund right now of $40,000.00 because
he would buy the connections as he goes along. He also indicated
that he has made no effort to go back on anything he has said
that he would do in the past and repeated that he thought this
was grossly unfair.
Mr. Tony Nolan explained that when the City took over the opera-
tion and maintenance of the utility system consideration had to
be given at the review process as to whether the off site system
had capacity of handling them. Mr. Nolan said the Pump Force
Main Network that services the areas were designed to go in the
the wrong direction and had to be corrected, thus a fee of
$100.00 was derived at. The Force Main will presumably be
enlarged from a 12" diameter to a 24" diameter and will be
extended from the southerly portion of the reconstruction of
McNab Road improvements to the sewage treatment plant; likewise
it will be extended fray the westerly extent of the improvements being
made by this project to 88th Avenue and around the corner.
V/M Massaro asked if this additional $100.00 relieves the
developer from other modification.
Mr. Nolan answered that when utilizing the Land Use Plan, the
City realized rapidly that doing it on a piece meal basis meant
repetitive modifications to pumping stations that weren't
justified, so the City thought it would be better to control
that work themselves and collect the monies to do it.
(tape side #9)
Mr. Rubin asked what the estimated cost of doing this Force
Main improvement would be. Mr. Nolan answered that he doesn't
have the absolute number in his hand, but he can get it.
-19- October 1, 1980
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Mr, Rubin asked if it will be more than one million dollars and
Mr. Nolan replied yes; Mr. Rubin asked if it will be more than
11 million dollars and Mr. Nolan replied that he doubted that.
Mr. Keating, City Engineer explained that the Land Use Plan and
everything that the City has available to it, clearly indicates
that there are roughly 11,000 units still buildable in the City
of Tamarac, and we are using 80% of the ultimate.
Mr. Rubin discussed the fact that only two weeks ago there was
a bond validation and the question was asked if there was any-
thing wrong with the system and the answer was no. He said
that after talking with Mr. Ruf and going to the computer
system, it was decided t4at the figure should be rounded off
to $100. The City and the City Engineer to this day cannot tell
what it will cost and Mr. Rubin said if the Council feels that
in order to be consistent, it must charge $100.00, he then will
avail himself of the provisions of the City Ordinance and ask
for a refund of $40,000.00.
C/M Disraelly clarified with Mr. Rubin what already has been paid
for and C/M Disraelly then asked what Mr. Rubin's anticipation
was for a fair and equitable figure. Mr. Rubin replied that it
should be no more than the $10.00 or $15.00 that was estimated
by Williams, Hatfield and Stoner.
The City Attorney indicated that the City has an agreement which
was entered into and fully executed by the City and Mr. Rubin
and when this matter was discussed, Mr. Rubin specifically
addressed Paragraph 7 of theaddendum and acknowledged that it
belonged in the agreement and it was put in the agreement and
the agreement was signed. Apparently, Mr. Rubin is willing to
pay the same fee based on the other agreements. This fee is
being charged according to regulation of the City, and Mr. Birken
suggested to Council that regulations should be applied in a
uniform matter. Mr. Birken then pointed out to Council that in the
addendunto the agreement, there is language that was insisted
upon by Mr. Rubin showing that the full amount was paid; this
language was recommended by the attorney and developer saying
that the full amount was being paid and not that the City was
going on a pay -as -you go basis.
Mr. Birken added that it would not be prudent to reimburse under
terms of theaddendum,and that the $100.00 fee is an across the
board fee and unless there is some legislation of some sort, it
cannot be modified.
Mr. Rubin asked if when a contract is modified, does that not
mean that you have a new contract and Mr. Birken replied in the
affirmative. mt. Rubin said that the modification in this con-
tract creates a new contract and therefore the old contract can
be changed. Mr. Rubin said he can request a change in the con-
tract and has the power to do so under the City's own ordinances.
Mr. Birken indicated that this language was inserted as an
accommdation to the developer to get his water and sewer connec-
tions and Mr. Rubin said it was a mutual 4cconrwdation since the
City wanted the $100,000.00. Mr. Rubin said there was no urgency
to get these connections, as they were operating those units
legally and didn't need these connections until people were moved
in last month.
C/M Disraelly said that this agreement.between Concord I and the
City stated on July 23rd prior to the upgrading of $900.00 to
$1000.00 and based on that conclusion and based on the number
of months that had gone by on this Developer's Agreement, he
MOVED that the $900.00 fee would be a sufficient fee which existed
on July 23rd.
C/W Kelch SECONDED the motion.
-20- October 1, 1980
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V/M Massaro questioned Mr. Keating as to how much work would
be involved in modifying of the pump station and Mr. Keating
said it was determined by a percentage share, $15,000.00 for
Pump Station 018 as an estimate with Concord IT paying and
Concord I will.reimburse.
V/M Massaro told Council that if they do this, the same thing
will have to be done on Spring Lake II and Northwood IT and
that one is no different than the other.
Mr. Rubin explained that there is exactly the same circumstance
with Spring Lake 11 and Northwood IT, but that he is willing
to pay the $100.00 extra and he had anticipated that there would
be additional costs.
C/W Kelch asked what was the total amount involved and Mr. Rubin
replied that it was $28,100.00 minus an unknown amount which
would be Concord I's reimbursement to Concord IT.
VOTE: C/W Kelch - Aye
C/M Zemel - Aye
C/M Disraelly- Aye
V/M Massaro - Nay
Mayor Falck - Aye
45. - NORTHWOOD IT - Discussion and possible action on
addendum to Water and Sewer Developers Agreement.
SYNOPSIS OF ACTION: Amendment to Water & Sewer Developers Agreement
approved upon payment of fees as determined and calculated by
Finance Department and re -execution of document.
C/M Disraelly MOVED the approval of amendment to the Water
and Sewer Developer's Agreement for Northwood II upon the
payment of the fees as they have been determined and
calculated by the City Finance Office and re -execution of
the document.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
46. _ - Spring Lake II - Discussion and possible action on
addendum to Water and Sewer Developer's Agreement.
SYNOPSIS OF ACTION: Amendment to Water & Sewer Developers Agreement
approved upon payment of fees as determined and calculated by
Finance Dept —and re -execution of document.
C/M Disraelly MOVED the approval of amendment to the Water
and Sewer Developer's Agreement for Spring Lake II on the
re -execution of signature and the payment of the fees as
determined by the City Engineer and the Finance Department.
C/M Zemel SECONDED the motion.
VOTE: ALL VOTED AYE.
62. - Northwood II - Developers Agreement
SYNOPSIS OF ACTION: Agendized by Consent. Approved.
The portion that the City would be reimbursing
HLR is to be made according to the schedule of
payment.
Mr. Rubin discussed the extra cost that was determined by his
engineer and the City Engineer and believes the matter has
been reviewed by the City Engineer, V/M Massaro and the City
Attorney and he is not happy that it is going to cost the City
more money, and is going to cost him more money to improve Tract
1.
-21- October 1, 1980
V/M Massaro said it was determined that the original Lines
couldn't be left in and they would have to tear them out and
this appears to be a reasonable amount for the work that has
to be done. She said it is considerably higher, $26,400 and
it was explained and was determined that it was fair and that
a mistake had been made.
Mr. Rubin explained that the work he is going to do, which
includes the City's portion, is $166,983.00 which is Alternative
#2.
V/M Massaro MOVED -,t heapproval of the $49,135.00 as the
portion that the City would be reimbursing HLR and this reim-
bursement was to be paid under schedule which was adopted
previously or considered in the agreement previously be
maintained.
C/M Disraelly SECONDED the motion.
VOTE: ALL VOTED AYE.
Mr. Rubin indicated that there are 172 connections in Northwood
II, the monthly charge is $5.35 per connection or $920.20 per
month, which means for August and September the total would be
$1840.40; Mr. Rubin said he has paid the City $1,806.00 and for
that tract they owe $33.60.
(tape side #10)
Mr. Rubin said there are 222 connections in Spring Lake II at
$5.35 per connection, resulting in a monthly charge of $1,187.70
or for two months $2,375.40. Mr. Rubin has paid the City
$2,331.00 and for that tract they owe $44.40, totalling $78.00.
He said he will pay it with the October lst payment.
60. - West Tamarac Shopping Center
a) Site Plan
b) Plat - Temporary Resolution #1645
c) Water & Sewer Developers Agreement
d) General Developers Agreement
e) Landscape Plan
SYNOPSIS OF ACTION: a) Approved subject to
conditions. b) Approved.c)Approved with
changes.d) Approved as part of a).
e) Approved. RESOLUTION NO.R- iO -,U,:q_PASSED
Mayor Falck read Item #60 into the record and the City Attorney
discussed the two documents given to Council. He said this
has to do with the Water & Sewer Developers Agreement and is
the first project in Land Section 7 and it is totally undeveloped -
no water and no sewers and probably the City will have to put in
backbone improvements, possibly through assessments. Mr. Birken
referred to the paragraph that states that the developer will
pay to the City at the time of plat approval an additional
$300.00 for sewer contribution to pay for the necessary work
in Section 7, possibly what is a proportionate share. He further
explained that if andwhen there is a special assessment, there
will be a credit to this piece of property for the water and
sewer work in an amount equal to the $300.00 per ERC that is
being paid.
Mr. Birken said that language can be added that originally had
been suggested by the developer that the obligation to pay this
special sewer contribution charge established by this contract
is a contractual obligation of the developer and developer
acknowledges the propriety of this charge and this paragraph
will be inserted within the Water and Sewer Developer Agreement.
Mr. Birken interpreted another paragraph which said
if there is another government entity such as the South Florida
Water Management District or some other governmental agency that
makes it impossible for the developer to proceed, the water and
sewer contribution charges will be reimbursed, no interest paid
and we would keep any guaranteed revenue payments.
-22- October 1, 1980
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V/M Massaro mentioned that Mr. Zani and the other gentleman who
are involved in this venture with him were concerned that with
the large sum of money that has to be paid for these connections
which are required to be paid at this time, they wanted to be
absolutely sure that if some governmental entity as the Water
Management District or if for some reason the County did not
permit them to move forward with this and absolutely refused
them approval of their plat, that they would be in a position
to get their money back.
The City Attorney discussed another item at the very end of the
document pertaining to water & sewer agreement and that deletes
the references to Exhibit D; within the other developers agree-
ment which was prepared to allow commercial uses of residential
areas shown on the Land Use Plan - the first portion of this
page speaks to Page 4 of the General Developers Agreement and
Article 7 delete the words "and landscaping". He feels some
changes might be needed is in Paragraphs 7 and 8 to clarify
that the work that is to be done will be all the curbs on McNab
and Nob Hill and the landscaping on medians should be done.
V/M Massaro said that on McNab Road, it was requested that the
curbing be on one side and that she was practically certain that
Council would be asked for curbin9on both sides of the median
on McNab, but on Nob Hill there is an area that is going to be
landscaped.
C/M Disraelly said that is the responsibility of Isles of Tamarac
and V/M Massaro asked if they have already adopted the respon-
sibility for the north side and C/M Disraelly replied yes.
V/M asked Evan Cross to look in the master file to see if Mr.
Glusman has a responsibility to curb and if Mr. Glusman has
that responsibility that is one thing, if not, then Mr. Zani
has agreed to do normal landscaping that is not unreasonable.
The City Attorney mentioned that since this is the first project
in Land Section 7, hopefully any approvals will be subject to
South Florida Water Management District's concurrence with the
drainage plans demonstrated either through a permit or through
some other written means.
Mr. Greg Darby met with South Florida Water Management District
this morning with respect to surface water management permit and
they have agreed, which he discussed with Mr. Keating, to
incorporate this project into the existing surface water manage-
ment permit being as they are draining into the C14 drainage
basin via an overflow structure subject to the provision that
once the section 7 drainage basin is completed that it accept
the drainage responsibility from this site. It will be handled
in letter form by modification and he is submitting the original
letter accompanying a letter from the City Engineer testifying
to that fact, with no time element. He said he will hand deliver
the letter on Friday morning.
V/M Massaro mentioned that the total amount of the fees for the
ERC's are $ 1300.00 each and it amounts to $96,500.00(that figure
to be checked)and Mr. Zani is prepared to pay $130.00 an acre
for the upgrading of the system and also the $500.00 for the
plan review and also $73,500.00 for the connections. He will
then owe $24,000.00 more for connections and agrees to pay it
before the plat is recorded.
Mr. Birken indicated that it will be the standard agreement with
the changes that were set forth today to Council and there are
no problems as far as the Developers Agreements are concerned.
Mr. Zani indicated that he will accept the responsibility for
the north side for extruded curbing of the median on McNab Road.
-23- October 1, 1980
Mr. Gross said that on the canal part of the site plan a
wall is shown going east and west and since the land between
the wall and the canal is dedicated, he wanted to know who is
going to maintain this.
Mr. Birken said that we have an overall developer agreement
and we can add that the responsibility for canal easements maintenance
rests with owner of the property.
Mr. Dar asked if the City would like to have the land
dedicated to them and Mr. Birken replied no. Mr. Darby
indicated that they only wanted to provide 40' for 1/2 the
canal right-of-way.
C/M Disraelly asked if it is a 60' area outside of the fence,and
if 20' was going to be maintenance easement and Mr. Darby said
this was correct. C/M Disraelly then asked if they were going
to dig the canal up to the 20' line and Mr. Darby indicated
that the canal is going to 40' and they are going to leave the
other half to be dug by the adjacent land owner.
C/M Disraelly stated that he thinks something should be put in
that they will maintain that canal easement so far as landscap-
ing, lawn mowing, etc. because it is normal and within the plat.
He also said it can be handled in another manner, by their
signing an agreement with our lot clearing program to have it
done by the City at its cost and we can bill them, but thinks
they would be better off to do it themselves.
Mr. Darby dicussed the zoning district lines and indicated again
that they would be happy to maintain it and dedicate it to the
City and V/M Massaro said that the City didn't want it dedicated.
Thom Lira indicated the amount of fees as 73.5 ERC's and
$73,500.00, $500.00 plan review, drainage impact fee multiplying
the acreage of the plat times $130.00 per acre is $2,286.96
and comes to a total of $76,286.96 which they have a check for
now.
V/M Massaro MOVED that the site plan for the West Tamarac
Shopping Center be approved with the following conditions:
that the entire median on McNab Road be curbed, that the median
area be landscaped, that the developer requirements have been
met and that the applicant is required to get a letter from the
Water Management District approving of the action taken in the
manner in which this land will be drained and what drainage
prime canal it will be connected to and that the easement at
the canal which they are about to excavate will be their
property and their responsibility for maintenance and that the
proper officials are authorized to execute this agreement with
the changes as specified and noted today at this meeting and
this is a MOTION.
C/W Kelch SECONDED the motion.
VOTE: C/W Kelch Aye
C/M zemel Aye
C/M Disraelly--Absent
V/M Massaro Aye
Mayor Falck Aye
The City Attorney read Temporary Resolution #1645 on the
West Tamarac Shopping Center.
(tape side #11)
-24- October 1, 1980
V/M Massaro MOVED the approval of the plat for the West
Tamarac Shopping Center known as the Phoenix Plat and it is
understood and intended to permit them to move forward with
this plat irrespective of anything other than the signing of
the Developers Agreement, this being Temporary Resolution
#1645.
C/W Kelch SECONDED the `motion.
VOTE: C/W Kelch Aye
C/M Zemel Aye
C/M Disraelly--Absent
V/M Massaro Aye
Mayor Falck Aye
(c) Water & Sewer Development Agreement
Mr. Birken discussed the7 changes in the Water & Sewer Developers
Agreement earlier in the meeting and suggested another change --
that the City Engineer suggests that the property owner continue
to own the sewerlines and that references to conveying the sewer -
lines to the City be deleted from the agreement.
(tapeside #11)
V/M Massaro MOVED approval of Water and Sewer Agreement with
the changes that the City Attorney read into the record.
C/W Kelch SECONDED THE MOTION.
VOTE: C/W Kelch Aye
C/M Zemel Aye
C/M Disraelly Absent
V/M Massaro Aye
Mayor Falck Aye
d) General Developers Agreement
The City Attorney advised that the General Developers Agreement
was approved with part of the site plan a).
e) Landscape Plan
V/M Massaro MOVED that Landscape Plan be Agendized by Majority
Consent, and C/W Kelch SECONDED the motion.
VOTE: ALL VOTED AYE
C/M Disraelly absent
V/M Massaro MOVED the approval for the Landscaping Plan for
the West Tamarac Shopping Center and C/M Zemel SECONDED the
motion.
VOTE: ALL VOTED AYE
C/M Disraelly absent
57.COUNCIL.REPORTS:
V/M Massaro asked Mr. Gross about the medians he had contracted
for to be taken care of and wanted to know if the City is
saving money on this or have we upgraded the number of people
in the Public Works Department.
Mr. Gross replied that the City has dropped off a number of
people and have not added any additional people since that time.
V/M Massaro asked if this reflected a savings, and Mr. Gross
said that he has to look into it.
V/M Massaro then asked who was supposed to determine about
enforcing the swale areas being maintained and the City Attorney
said this has already been done and distributed to Council, and
an Ordinance has been prepared.
Mayor Falck asked that the Police Contract be agendized for the
next regular meeting.
Mayor Falck said that last Tuesday he was called to go to Margate
to testify in connection with the new proposed inter -change on
the Florida Turnpike at Sample Road, there was a Public Hearing
on it, he did attend and represented the City and gave them the
input that was provided in the Resolution. Mayor Falck said it
appears that with one minor exception, that exception being
the location of new land fill, the work will proceed.
Mayor Falck said he would like to see the City give considera-
tion to having another bus card registration, since the bus
rates have increased significantly today.
Mr. Gross indicated that he spoke to Sroward County last
Friday to set up a date at City Hall and they will send us a
letter to this effect.
C/W Kelch said the bus drivers were instructed to inform all
individuals that new passes would be issued.
Mayor Falck said that parking fees in downtown Ft. Lauderdale
have increased 100%.
MAYOR FALCK ADJOURNED THE MEETING.
MAY R 0 C r
ATTEST:
This public document was promulgated at a cost of $180.67,
or $9.88 per copy, to inform the general public and public
officers and employees about recent opinions and considera-
tions by the City Council of the City of Tamarac.
APPROVE BY
CITY COUNCIL ON k b
-26- October 1, 1980
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