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HomeMy WebLinkAbout1980-10-01 - City Commission Reconvened Regular Meeting Minutes5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 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 /pe 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 /pe 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 /pe 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 /pe 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 /pe 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 /pe 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 /pe 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 /pe 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 /pe 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 /pe