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Home My WebLink About1982-11-10 - City Commission Regular Meeting Minutesr MAIL REPLY TO: P.O. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, NOVEMBER 10, 1982 CALL TO ORDER: 9:30 A.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE -- The Chair at this time will announce those items which have been given a speci- fic time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS 1. Alzheimers Disease - Presentation of a Proclamation by Mayor Falck designating the week of November 21, 1982, as "National Alzheimers Disease Week." BOARDS AND COMMITTEES 11/10-Pg.3, Proclamation presented. 2. Public Information Committee - Announcement of one vacancy 11/10 - Pg. 4, existing, on this committee. Announcement made by Mayor. If anyone is interested in serving on this committee, please con- tact the City Clerk's Office for an application. 3. Welcoming Committee - Discussion and possible action on: a) Acceptance of resignation of Patricia Ann Grillo. b) Appointment of two members to this committee by Temp. Reso. 11/10-Pg.4,5, a) Approved b) Appointed 2 # 2 4 9 9 . members. TAMARAC UTILITIES 4- East - Large User Wastewater A reement Amendment - Temp. Reso. 11/10 - Pg. 5, #2500 - Discussion and possible action to authorize the appro- APPROVED. priate officials to execute an Amendment to the Large User Agreement with the City of Fort Lauderdale. 5. West - Wellfields - Discussion and possible action to authorize 11/10-Pg.7,8, additional funds to be paid to Williams, Hatfield & Stoner, Inc Approved pay -- for work on this project. (Tabled from 10/27/82) . went. CONSENT AGENDA 6. Items listed under Item #6, Consent Agenda, are viewed to be 11/10- Pg.8,9, routine and the recommendation will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Approved. a) Mitchell Ceasar - Grants Consultant - October, 1982, retainer of $1,250.00 and expenses of $19.00 - Total $1,269.00 - Approval recommended by City Manager. PA3E,TWO b) Richard S. Rubin -- Consultant City Planner - Services for 11/10-Pg.8,9, October, 1982 - $2,347.50 - Approval recommended by City b) Approved. Manager. c) Superior Reporting, Inc. - 201 Facilities Plan public hearing c) Approved. $552.00 - 10/26/82 - Approval recommended by City Attorney. d) Superior Reporting, Inc. - Crawford vs. Weirdo and City of d) Ppproved. Tamarac hearing - $167.50 - 10/26/82 - Approval recommended by City Attorney. e) Milledge & Hermelee - Services for 8/l/82 through 9/30/82 e) TABLED. regarding Fort Lauderdale Executive Airport Runway Extension - $297.50 - Approval recommended by City Attorney. f) Public Works Department - Authorization to go to bid for the f) Approved. following: (1) Curber (2) Two Metal Storage Buildings (3) Front Loader Bucket for Ford 2000 Tractor (4) Tractor/Loader/Backhoe combination with Trailer g) Commercial Garden Mall - Request for Engineering fee refund - g) Approved. Approval to remove this item ,from the agenda. h) Sunflower Drainage Modifications -- Approval to remove this h) Removed from item from the agenda. Agenda. i) Beautification Committee - Appointment of one member - Approval i) Approved - to remove this item from the agenda. PUBLIC HEARING - 10:00 A.M. 7. Water and Sewer Rates - Tamarac Utilities West - Temp. Reso. 11/10 - Pg. 5, #2498 - Discussion and possible action to establish and modify "contribution Approved as -in -aid -of -construction" charges for new commercial' atmnended. and residential construction which have not yet contracted for service. (rates of those customers already receiving service, or who have contracted for service, will not be affected). GENERAL ADMINISTRATIVE/FINANCIAL 8. Grants Consultant -- Temp. Reso. #2501 -- Discussion and possibl 11/10-Pg. 3, 4, action to renew a contract with Mitchell Ceasar. APPROVED. 9. Aetna Deferred Com ensation Program - Temp_. Reso. #2503 - 11/10 -Pg.9, 10, Discussion and possible action to authorize appropriate offi- APPROVED. cials to execute an agreement for deferred compensation deduc- tions for interested employees. 10. Solid Waste Disposal - Temp, Reso, #2504 - Discussion and -To —authorize 11/10 - Pg. 10, possible action the appropriate officials to TABLED. execute an agreement with Broward County for solid waste disposal and resource recovery. 11. State Road 7 (441) - Temp. Reso. #2502 - Discussion and possi 11/10 - Pg. 6, ble action to assist non -governmental entities with the com-- APPROVED as mercial revitalization of businesses on State Road 7 (441) Amended. within the City and to proclaim "441" as "Gateway to the New West." 12. Broward League of Cities Business - Discussion and possible 11/10 - pg. ll, action. No information. J r PAGE THREE LEGAL AFFAIRS 13. Limited Agricultural (A-1) Zoning District - Temp. Ord. #885 Discussion and possible action to amend Code Section 28-171.2 to permit distributor transformer stations and setting forth conditions for such use within this district. Second Reading (Public Hearing held 7/22/81) (tabled from 9/22/82). 14. Land Use Plan - Temp. Reso. #2505 - Discussion and possible action to approve revisions to amendment No. 4 pertaining to transportation as requested by the Broward County Planning Council as a prerequisite to recertification. PUBLIC HEARING -- 2:00 P.M. to 2:45 P.M. 15. Amusement Centers - Temp. Ord.-#967 - Discussion and possible action to amend Chapter 14 of the Code concerning regulation and licensing of amusement centers and the operation of coin - operated amusement devices. Second Reading. The only public hearing on this item will be held on Wednesday, November 10th, as advertised, however, action by Council will be deferred to 11:00 A.M. on Wednesday, December 8, 1982. COMMUNITY DEVELOPMENT 16. Financial Federal Savings & Loan Association - Bond Release -- Temp. Reso. #2301 - Discussion and possible actionlon a reques to release a performance bond subject to receipt of a one-year warranty bond (tabled from 6/23/82). 17. John Abbaticchio Warehouse - Discussion and possible action on a) Site Plan - Temp. Reso. #2508 b) Landscape Plan (to be located at 5500 NW 22nd Avenue) 11/10-Pg.1.4--17, TABLED. 11/10 - Pg. 11, APPROVED. 11/10-Pg.18-29, Deferred to 12-8-82 mtg. 11/10 - Pg. 1, TABLED. 11/10 - Pg. 3, a) & (b)APPVD. 18. Heftler Homes - Performance Bond - Temp. Reso. #2518 - Discus- 11/10- Pg. 1, sion and possible action to call a performance bond posted for Removed from the installation of sidewalks if required fees are not paid. A enda. 19. Continental Plaza - Revised Site Plan - Temp. Reso. #2519 - Discussion and possible action on a revised site plan for a ground sign. 20. Boulevards Section - Revised Site Plan - Temp. Reso. #2520 - Discussion and possible action on a revised site plan for a fence at the swimming pool at the clubhouse. 21. McNab Plaza North (Sheppard Plaza_) - Discussion and possible action on Amendment No. 2 to the Water and Sewer Developers Agreement. 22. Tamarac Jewish Center - Discussion and possible action on request for one-year extension to the provisions of Code Sec- tion 7-31 requiring screening of equipment on roof (tabled from 10/27/82). 23. Mainlands Section 6-A -- Temp. Reso. #2447 -- Discussion and possible action on request for encroachment of an easement on Lot 1, Block 126 (tabled from 10/13/82). 24. Tropical Gardens Nurser - Tem . Reso. #2327 - Discussion and possible action after review of a temporary limited parking waiver granted on 7/8/81 under Petition #8-Z-81. (tabled from 9/8/82) . 11/10-Pg.11, 12, TABLED. 11/10 - Pg. 12, APPFDVED . 11/10-Pg. 12, APPROVED. 11/10 - Pg. 1, TABLED. 11/10 - Pg. 12, APPROVED. 11/10 -- Pg. 2, TABLED. r ■r PAGE.FOUR 25. Edgewater Village - Model Sales Facility - Discussion and possible action to approve renewal of a model sales permit and waiver of the 150-foot distance requirement for certificates 11/10-Pg.32,33 Approved for 6 months. of occupancy. 26. Isles of Tamarac - Model Sales Facility - Discussion and possible action to approve renewal of a model sales permit and waiver of the 300-foot distance requirement for certificates 11/10--Pg.33, TABLED. of occupancy. 27. Southgate Gardens East/Mission Lakes - Model Sales Facility - Discussion and possible action to approve renewal of model sales permit and waiver of the 300-foot distance requirement 11/10 - Pg. 33, APPROVED. for certificates of occupancy. 28. Woodmont Tracts 68/77 - Model Sales Facility - Discussion and possible action to approve renewal of a model sales permit and 11/10 - Pg. 33, Approved for waiver of the 300-foot distance requirement for the certificat of occupancy. s 6 months. 11/10 - Pg. 33, TABLED. 29. Woodmont Tract 70 - Model Sales Facility - Discussion and possible action to approve renewal of a model sales permit and waiver of the 150--foot distance requirement for certificates o occupancy. 30. Woodmont Tract 71 - Model Sales Facility - Discussion and possible action to approve renewal of a model sales permit and 11/10 - Pg. 34, Approved for waiver of the 150-foot distance requirement for certificates 6 months. of occupancy. 11/10 -Pg. 2, TABLED. 31. Woodmont Tract 57 - Bond Release -- Temp. Reso. _#2515 - Discus- sion and possible action to release a warranty bond posted for public improvements. 11/10 - Pg. 34, APPROVED. 32. Woodmont Tract 72B - Bond Release - Temp. Reso. #2516 - Discus sion and possible action to release a warranty ~bond posted for public improvements. 11/10 - Pg. 34, AppRpVED. 33. Woodmont Tract 4_9 - Bond Release -- Temp. Reso. #2517 - Discus- sion and possible action to release a warranty bond posted for public improvements. 34. S rin lake II -- Discussion and possible action on: a) Revised Site Plan to reflect project phasing - Temp. Reso. #2401. b) Amendment to the Water and Sewer Developers Agreement c) Release of a performance bond posted for public improvement: upon receipt of a one-year warranty bond - Tem Reso. #240: d) Acceptance of a Bill of Sale for water distribution and sewage collection system improvements - Temp. Reso. #2403. (tabled from 7/28/82). 35. Executive Center - Discussion and possible action on: a) Site Plan - Temp. Reso. #2470 b) Landscape Plan c) Water Retention Agreement d) Water and Sewer Developers Agreement e) Acceptance of road right--of-way deed for 40-feet on Univer- sity Drive - Tem Reso. #2471. f) Acceptance of 12-foot utility easement - Temp. Reso. #2472 (to be located on the east side of University Drive, south of Sunflower Shopping Plaza) (Tabled from 10/13/82). 36. Tamarac Town Square - Discussion and possible action on: a) Revised Site''Plan for a McDonald Restaurant - Temp. Reso. #2506 b) Landscape Plan 37. Burger King - Revised Site Plan - Temp. Reso. #2507 -- Discus- sion and possible action on a revised Site Plan for playground. 11/10 - Pg. 2, 11/10-Pg.29, 30, a)Appvd. with conds. b) Approved c) Approved d) Approved e) Approved f) Approved. 11/10 - Pg. 7, a) & (b) ApPvd- w/conds. 11/10 - Pg. 10, Approved with conds. PAGE FIVE 38. Siegel Funeral Home - Discussion and possible action on: 11/10-Pg.38,39, a) Site Plan - Temp. Reso. #2509 a)&(b) Appvd. b) Landscape Plan w/conds. c) Water and Sewer Developers Agreement d) Water Retention Agreement c) Approved e) Acceptance of road right-of-way deed for 2-feet on McNab Roa d) Approved Temp. Reso. #2510 e) Approved f) Acceptance of 10-foot utility easement - Temp. Reso. #2511 f) Approved. (to be located on the north side of McNab Road, east of the Sunniland Bank property) 39. Swanson West - Discussion and possible action on: 11/10-Pg.30-32, a) Site Plan - Temp. Reso. #25_12 a)Appvd.w/cond. b) Landscape Plan b)Approved c) Water and Sewer Developers Agreement c)Appvd.w/cond. d) Water Retention Agreement d)Approved e) Acceptance of an Access Easement for ingress/egress - Temp. e)Approved Reso. # 2 513 f) Approved. f) Acceptance of a Utility Easement for a Fire Hydrant - Temp. Reso. #2514 (to be located on the northwest corner of Commercial Boulevard and N.W. 84th Terrace). 40. Drainage Im rovements in the City - Discussion and possible 11/10-Pg.34,35, action. Repts. by V/M & City Mgr. REPORTS 41. City Council 11/10 - Pg. 36 42. City Manager 11/10 - Pg. 37 43. City Attorney 11/10 - Pg. 38 City Council may consider such other business as may come before it Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368; if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF TAMARAC 0 Carol A. Evans Assistant City Clerk 44. Tamarac Utilities West 11/10- Pg.35, gen.by Con.APPVD 45. All Saints Lutheran Church 11/10 -- Pq. 7., gen.by Con.APPVD 46. Interlock Agreement between Tamarac & Bwd. County 11/10- Pg. 35, Agen. by Con. APPVD. 47. Bill for Linton Lovett 11/10 - Pg. 36, - Agen. by Con. 48. Mayor's Trip to L.A. re Natl. League of Cities 11/10 -- Pg. 36, 37 Agen.by Cons. -_ APPVD. CITY OF TAMARAC, FLORZDA REGULAR CITY COUNCIL MEETING NOVEMBER 10, 1982 CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday, November 10, 1982, at 9:30 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro Councilman Irving M. Disraelly Councilman Philip B. Kravitz Councilman David E. Krantz ALSO PRESENT: Laura Z. Stuurmans, City Manager Jon M. Henning, City__Attorney _.... Carol A. Evans,kssistant City Clex'k Patricia Marcurio, Secretary Tape MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of l Silent Meditation followed by the Pledge of Allegiance. Mayor Falck greeted everyone present and announced the time schedule for specific items on today's agenda. 16. Financial Federal Savings & Loan Association - Bond Release - Tem Reso. #2301 - Discussion and possible action on a request to release a performance bond subject to receipt of a one-year warranty bond (tabled from 6/23/82). SYNOPSIS OF ACTION: TABLED V/M Massaro said there are problems with this that relate to Beautifica- tion fees and the City Attorney must study this further. She MOVED to TABLE this item, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 18. Heftler Homes - Performance Bond - Temp. Reso. #2518 - Discussion and possible action to call a performance bond posted for the installation of sidewalks if required fees are not paid. SYNOPSIS OF ACTION: REMOVED from the Agenda. V/M Massaro MOVED to REMOVE this item from the Agenda since the fees have been paid, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 22. Tamarac Jewish Center - Discussion and possible action on request for one-year extension to the provisions of Code Section 7-31 requiring screening of equipment on roof (tabled from 10/27/82). SYNOPSIS OF ACTION: TABLED for legal opinion. V/M Massaro MOVED to TABLE this item to allow the City Attorney to give a legal opinion, SECONDED by C/M Disraelly. VOTE: C/M Krantz Aye C/M Kravitz Nay C/M Disraelly Aye V/M Massaro Aye Mayor Falck Aye - 1 - 11/10/82 /pm 24. Tropical Gardens Nursery - Temp. Reso. #2327 - Discussion and possible action after review of a temporary limited parking waiver granted on 7/8/81 under Petition #8-Z-81. (tabled from 9/8/82). SYNOPSIS OF ACTION: TABLED V/M Massaro said this item needs a revised site plan and she MOVED to TABLE the item until the revised site plan comes in. SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 31. Woodmont Tract 57 - Bond Release - Temp. Reso. #2515 - Discussion and possible action to release a warranty bond posted for public improvements. SYNOPSIS OF ACTIOY: TABLED V/M Massaro said the City Engineer said this item is not ready for release and she MOVED to TABLE, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 34. Springlake II - Discussion and possible action on: a) Revised Site Plan to reflect project phasing - Temp. Reso. #2401. b) Amendment to the Water and Sewer Developers Agreement. c) Release of a performance bond posted for public improvements upon receipt of a one-year warranty bond - Temp. Reso. #2402 d) Acceptance of a Bill of Sale for water distribution and sewage collection system improvements - Temp. Reso. 42403 (tabled from 7/28/82). -� SYNOPSIS OF ACTION: TABLED V/M Massaro said this should be TABLED pending review with the City Attorney concerning the various agreements and she so MOVED. SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 44. TUW - Emergency Repairs - Walkwa Re airs - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 35). V/M Massaro said the walkways over the surge tank are in very bad condition and the City Engineer has a memo with telephone quotes and the quote by mail is under way and he would like to have this Agendized by Consent because it is an emergency condition. She MOVED to Agendize by Consent, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 45. All Saints Lutheran Church - Temp. Reso. #2.521 - Discussion and possible action on a revised site plan for --- a fence ,for their nursery, SYNOPSIS OF ACTION: Agendized by Consent. (See Page 7) . C/M Disraelly MOVED to Agendize by Consent action to allow tnem Lo puz a fence for their nursery, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 2 - 11/10/82 /pm L 6 j). Bill for Alan Ruf - Discussion and possible action to approve payment of $1,650 to Alan Ruf. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 8). C/M Disraelly MOVED to Agendize by Consent Item 6 j) to the Consent Agenda which would approve payment of -Alan Ru s bill o $1,650. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 1. Alzheimers Disease - Presentation of a Proclamation by Mayor Falck designating the week of November 21, 1982, as "National Alzheimers Disease Week". SYNOPSIS OF ACTION: Proclamation was presented to Ms. Wilson. Mayor Falck read the Proclamation into the record and presented this to Ms. Wilson. 17. John Abbaticchio Warehouse - Discussion and possible action on: a) Site Plan - Temp. Reso. #2508 b) Landscape Plan (to be located at 5500 NW 22 Avenue) SYNOPSIS OF ACTION: a) APPROVED RESOLUTION NO. R_.:I�,�/ly PASSED. Temp. Reso. #2508, b) APPROVED. a) Jon Henning read the Resolution by title and V/M Massaro told Mr. Kilpatrick, representative of the applicant, that the Beautification fees of $211.25 and the Engineering fees of $545.17 will be due at the time of application for a building permit. V/M Massaro MOVED that Temp_. Reso. #2508 be APPROVED, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) C/M Disraelly said the Landscape Plan has been approved by the Beautif- ication Committee on 10/18/82 with four conditions: 1. To provide 2 additional trees at the rear of the building on the south property line. 2. To provide the rust -free irrigation system. 3. To place sod up to the edge of the roadway pavement. 4. To provide concrete curbing adjacent to all interior landscaping parking area. C/M Disraelly said these have all been agreed to and he MOVED the APPROVAL of the Landscape Plan, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 8. Grants Consultant - Temp. Reso. #2501 - Discussion and possible action to renew a contract with Mitchell Ceasar. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. PASSED. Ted Reso._ #2501 requesting Mr. Ceasar to give written reports and appear before Council once a month. Jon Henning read the Resolution by title. C/M Krantz MOVED to APPROVE Temp. Reso. #2501 approving an agreement with Mitchell Ceasar as Grants Consultant. SECONDED by V/M Massaro. Melanie Reynolds said the people have no knowledge of what Mr. Ceasar is bringing to the City and she feels it should be told to them. - 3 - 11/10/82 /pm Mayor Falck said Mr. Ceasar's reports are available in the City Clerk's office. C/M Disraelly asked Mr. Ceasar to appear before Council once a month and follow up the written report with a verbal report. Mr. Ceasar said this would be no problem. C/M Disraelly suggested that prior to the first Council meeting there would be a written report and at the second Council meeting there would be a physical report. He said in the agreement the word "semi" be stricken and the word "written" be inserted and at the end write "he shall appear monthly before Council". Mr. Ceasar said, in answer to Mrs. Reynold's request, there have been three grants received this year. One was the finalization of the boating grant for approximately $57,00.0, the new one for the Employment Grant, and the Bicycle Path Grant. He said additionally there are a few applications in and this looks promising. He thanked members of Council for their assistance. VOTE: ALL VOTED AYE 2. Public Information Committee - Announcement of one vacancy existing on this committee. SYNOPSIS OF ACTION: Announcement of vacancy was made by Mayor Falck. Mayor Falck announced the vacancy to this committee and said anyone wishing to apply could do so to the City Clerk's office. 3. Welcoming Committee - Discussion and possible action on: a) Acceptance of resignation of Patricia Ann Grillo. b) Appointment of two members to this committee by Temp. Reso. #2499. SYNOPSIS OF ACTION: a) APPROVED, RESOLUTION NO. R — 9,2- A// PASSED. b) Appointed Morris Landman and Mollie Goldstein for terms to expire 5/11/83. a) C/M Kravitz MOVED that, based on the request of Patricia Ann Grillo dated 10/18/82, Council accept her letter of resignation and thank her for the services she has rendered to the committee. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) C/M Kravitzr.recommended Morris Landman -and Nat Prentis. He said :the committee only discussed the one applicant because at that time they only knew of one opening when the last meeting took place and they unanimously nominated Nat Prentis. V/M Massaro said there is also an application from Mary Lawson and she asked if there was any reason why they were not considering her. C/M Kravitz said when he spoke with her she had an ailment and she told him she could not take on any duties at that time. V/M Massaro asked if there was any reason why Mollie Goldstein was not considered and C/M Kravitz... said.. she is serving on_...... Parks & Recreation and because of that he would like to consider people who are not serving on other committees. C/M Kravitz proposed the three names with Council voting to approve two of those three: Morris Landman, Nat Prentis and Mollie Goldstein. VOTE; C/M Krantz C/M Kravitz C/M Disraelly V/M Massaro Mayor Falck - 4 - Morris Landman Mollie Goldstein Nat Prentis Mollie Goldstein Mollie Goldstein Morris Landman Mollie Goldstein Morris Landman Mollie Goldstein Morris Landman 11/10/82 /pm V/M Massaro MOVED the ADOPTION of Tem. Reso. #2499 appointing Mollie Goldstein and Morris Landman to the Welcoming Committee for a term to expire 5/11/83. SECONDED by C/M Disraelly. VOTE: PUBLIC HEARING ALL VOTED AYE 7. Water and Sewer Rates - Tamarac Utilities West - Temp. Reso. #2498 - Discussion and possible action to establish and modify "contribution - in -aid -of -construction" charges for new commercial and residential construction which have not yet contracted for service. (rates of those customers already receiving service, or who have contracted for service, will not be affected). SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-- 9.2 - j PASSED. Temp. Reso. #2498__as amended_ Jon Henning read the Resolution by title and Mayor Falck opened the Public Hearing. C/M Disraelly said for the record it should be noted the changes made: on Page 2, K Contribution Charges for Water - Individual Metered Residential and all Non -Residential "including Residential Recreation Facility". Page 2, L -- Contribution Charges - Multi -Family 'Units -_--with common or s are me er s a e charged a rate equal to 2/3's ERC per unit" should be struck and after Individual Metered Residential and all Non -Residential "including Residential Recreational Facility". Under K, Multi -family Units with common or shared meter "shall be charged a rate equal to 2/3's ERC per unit" should be struck. C/M Disraelly referred to Page 2, Item K, Individual Metered Residential and all Nan -Residential Including Residential Recreational Facility will be $525.00 per ERC and the Multi -Family Units with a common or shared meter will be $350.00 per UNIT. He said, Under L, Contribution Charges Wastewater, the Individual Metered Residential and Non -Residential including Residential Recreation Facility will be $975.00 per ERC and the Multi -Family Units with common or shared meter will be $650.00 per UNIT. Mayor Falck closed the Public Hearing and C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2498 with the dollar figures that were just put into the MOTION, SECONDED by C/M Krantz. Jon Henning asked for a title correction on Line 4, "K and L "of Section 1" should be added. C/M Disraelly accepted this addition. VOTE: ALL VOTED AYE 4. East - Large User Wastewater Agreement Amendment - Temp. Reso.#2500- Discussion and possible action to authorize the appropriate officials to execute an Amendment to the Large User Agreement with the City of Fort Lauderdale. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2500. RESOLUTION NO. R -- &2 - 3Z O PASSED . Jon Henning read the Resolution by title and Mayor Falck said the City has been involved with the City of Fort Lauderdale to handle the flow of wastewater east of 441. He said this is a minor correction which needs to be made in connection with this particular proposal and it was the Chair's recommendation that this be approved. V/M Massaro MOVED the ADOPTION of Tem Reso. #2500, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE - 5 - 11/10/82 /pm 11. State Road 7 (441) -- Tea. Reso. #2502 - Discussion and possible action to assist non -governmental entities with the commercial revitalization of businesses on State Road 7 (441) within the City and to proclaim "441" as "Gateway to the New West". SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2502 as amended. RESOLUTION NO. R -� ,v, PASSED. C/M Disraelly said he prepared this Resolution since he was asked to serve on a committee being established by the West Broward Chamber of Commerce which is interested in working on the beautification of State Road 7 from Bailey Road to Broward Boulevard. He said he met with this committee and they are a good working and functioning committee, however, Doug Christy is serving as sub -committee Chairman and he would prefer he make the presentation to Council as to the action of the West Broward Chamber. Doug Christy said the West Broward Chamber of Commerce is undertaking an ambitious project to revitalize State Road 7 in the area C/M Disraelly has described. He said they are not attempting to adopt a master plan and rebuild the area but rather, they are trying to establish some guide lines for either future developers or new store front or building owners. He said the Chamber, when it set up the task force, recognized they were crossing municipal boundaries and the area they are attempting to work with involves portions of Tamarac, p Lauderhill, Lauderdale Lakes as --well as some unincorporated Broward County. Mr. Christy said the task force itself is divided into sub -committees. The sub -committee C/M Disraelly referred to is the one that Mr.--Cfirsty is the Chairman of and they are, at this stage, coming back to those mun- icipalities that are involved and attempting to have the Resolution that is before Council passed. He said the purpose is to take this to the County in the hope that they will designate this area as an area of concern either to receive future funding,if that be needed to assist them in their task,or to give them some credibility for Grant funding. He said they will be going back to the other cities and letting them know what they are attempting to do and asking them, as they are asking Council today, for their endorsement of their efforts including putting forth before the public what they have chosen as the theme for 441, "Gateway to the New West". Mr. Christy said they have received excellent cooperation from Planners such as Mr. Rubin as well as input and support from County Commissioner Craft's office. He said he would hope that there would eventually be progress reports which C/M Disraelly could relate or someone from the task force could appear to keep Council abreast of the progress that they hope to make in the future. C/M Krantz asked how their work would _:_affect the existing establishments and Mr. Christy said they would not be asking for changes in zoning laws or asking that anything currently existing be destroyed but, rather,they would set some guide lines that in the event of new development or, Tape perhaps, redevelopment. V/M Massaro said she objects to the last 2 "Whereas" which states, "to formally commit and dedicate its resources". She said it should read "Whereas, the City of Tamarac further wishes to assist any and all non -governmental entities that wish to work with the City toward the commercial revitalization" but the words "to formally commit and dedicate its resources" should be stricken. C/M Disraelly MOVED APPROVAL changing on Line 26, "Whereas, the City of Tamarac further wishes to assist anv and all non -governmental entities" and on Line 33, "the need to work towards the commercial revitalization". SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 6 - 11/10/82 /pm 45. All Saints Lutheran Church - Temp. Reso. #2521 - Discussion and possible action concerning erection of 5' high fence with a wooden gate to create a play area for children. SYNOPSIS OF ACTION: Agendized by Consent. RESOLUTION NO. R f�r,j� PASSED. (.See Page 2 ) . APPROVED - -- Jon Henning read the Resolution by title. C/M Disraelly said this is purely a site plan for a 5' high fence with a wooden gate to create a play area for the school children and the proper fees have been paid and he MOVED the ADOPTION of Temp. Reso. #2521. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 36. Tamarac Town Square - Discussion and possible action on: a) Revised Site Plan for a McDonald Restaurant - Temp. Reso.#2506 b) Landscape Plan SYNOPSIS OF ACTION: a) APPROVED RESOLUTION NO. R-^��PASSED. Temp. Reso. #2506 with conditions, b) APPROVED with conditions. a) Jon Henning read the Resolution by title. Dan_Oyler of Craven & Thompson, representing McDonalds said that :McDonalds wished -to add 6 additional parking spaces on the west side of their leased property. He said they have made some minor changes to the drive-in facility lane and have added a sidewalk at Mr. Rubin's request. C/M Disraelly said at the Beautification Committee meeting it was recommended that they relocate the flagpole and Mr. Oyler said this has been done on this site plan and it is by the entrance drive. V/M Massaro said she would like to make a condition of approval that the new roof would be the same as the roofs of these stores and he said there would be no problem with this. Gus Aquari asked if it would be better to use the same type of roof and V/M Massaro said it would. V/M Massaro said there is a need to amend the estimated costs because of the addition of the sidewalk. V/M Massaro MOVED the APPROVAL of Temp. Reso. #2506 approving the site plan subject to the roof being tiled the same as the other stores in the project and that the estimated cost sheet be amended to include the sidewalk. SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE b) C/M Disraelly said it will be indicated on the Landscape Plan that the flagpole has been moved and relocated. He said they are also suggesting that in the northeast corner the last four cherry bushes be removed for visibility. Mr. Oyler said they agree. C/M Disraelly said they are also recommending that the hedge on the west side of the loading zone to buffer the building woul be-� the same cherry -h-edge for -the entire length. C/M Disraelly said with these changes he would MOVE the ACCEPTANCE -of the Landscape Plan. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 5. West - Wellfields - Discussion and possible action to authorize additional funds to be paid to Williams, Hatfield & Stoner, Inc. for work on this project. (Tabled from 10/27/82). SYNOPSIS OF ACTION: APPROVED payment of bills and increase in the amount to be expended. V/M Massaro said there are several changes that were made during -the attempt to locate the wellfield lines and it appears ithat this is - 7 - 11/10/82 /pm E_ something that Williams, Hatfield & Stoner are not responsible for and she MOVED that the bill be paid. C/M Disraelly said he believes that they have established a figure of $10,000 for this project and they have exceeded this figure and they will have to appropriate additional funds since there will probably be one or two more bills on this. He said one of the reasons for the change was that originally, because of the concern as to who owns 61st St. east of University Dr., this project was designed to go along St. Malachy's property line and after a meeting with them, the City obtained an easement permitting the City to use property for the extension of this water line. He said it was after this decision that they decided to move it to the south side of 61st St. C/M Disraelly said, with due respect, he would MOVE, at this time, until additional bills are submitted, that they establish a figure of $13,500. V/M Massaro clarified her MOTION by stating that she is approving these bills and is not recognizing any further bills. C/M Disraelly said that right now the MOTION is to APPROVE these two bills of $1,008 and $318, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE C/M Disraelly MOVED that the amount of money to be expended on Project 1710-2 be increased from $10,000 to $13,102. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 6. Consent Agenda -- a) Mitchell Ceasar - Grants Consultant - October, 1982, retainer of $1,250.00 and expenses of $19.00 - Total $1,269.00 - Approval recommended by City Manager. b) Richard S. Rubin - Consultant City Planner - Services for October, 1982 - $2,347.50 - Approval recommended by City Manager. c) Superior Reporting, Inc. - 201 Facilities Plan public hearings $552.00 - 10/26/82 - Approval recommended by City Attorney. d) Superior Reporting, Inc. - Crawford vs. Weirdo and City of Tamarac hearing - $167.50 - 10/26/82 - Approval recommended by City Attorney. e) Milledge & Hermelee - Services for 8/l/82 through 9/30/82 regarding Fort Lauderdale Executive Airport Runway Extension - $297.50 - Approval recommended by City Attorney. f) Public Words Department - Authorization to go to bid for the following: (1) Curber (2) Two Metal Storage Buildings (3) Front Loader Bucket for Ford 2000 Tractor (4) Tractor/Loader/Backhoe combination with Trailer g) Commercial Garden Mall - Request for Engineering fee refund - Approval to remove this item from the agenda. h) Sunflower Drainage Modifications - Approval to remove this item from the agenda. i) Beautification Committee - Appointment of one member - Approval to remove this item from the agenda. j) Approval of fees for Alan Ruf - $1,650 - Agendized by Consent. SYNOPSIS OF ACTION: APPROVED Items a) , b) , c) , d) , f) , g) , i) .Item j) , (See Page 3) , was Agendized by Consent and APPROVED, Item e) was removed for discussion and was TABLED for further research. Item h) was approved to be removed from the agenda. Mayor Falck mentioned::that Item j) was Agendized by Consent and the amount of Mr. Ruf's bill is $1,650. C/M Kravitz MOVED to remove Items e) and h). SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 11/10/82 /pm C/M Disraelly MOVED that Items a),b),c),d),f),g),i) and j) be APPROVED. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE e) C/M Kravitz asked if this amount of $297.50 is in addition to the approximate $7,000 already earmarked for this item and Mayor Falck said it is his understanding that it is part of the $7,000. Jon Henning said he does not believe so because he believes this original amount of $7,000 was already exhausted. C/M Disraelly said this question should have gone to the Finance Department for review before_- to determine its status. V/M Massaro MOVED that Item 6 e) be TABLED to the next regular meeting for further research. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE h) C/M Kravitz asked if there was anything specific that was causing it to be removed from the agenda? Jon. Henning said recently the City was served with a law suit over this issue and it is out of Council's hands and must be determined by the courts. Carolyn Mascolo, President of Heathgate/Sunflower, said they are not suing the City in any way as regards the drainage problems of their area. She said the maintenance of the aquatic weeds in their lakes is in litigation but the fact that they have a drainage problem is not. V/M Massaro said they have done as much as possible of drainage work in this area. V/M Massaro MOVED that Item 6 h) be APPROVED to be removed from the agenda, SECONDED by C/M Disraelly. VOTE: C/M Krantz Aye C/M Kravitz Nay C/M Disraelly Aye V/M Massaro Aye Mayor Falck Aye 9. Aetna Deferred Compensation Program - Tem . Reso. #2503 - Dis- cussion and possible action to authorize appropriate officials to execute an agreement for deferred compensation deductions for interested employees. SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2503. RESOLUTION NO. R--�'o?/� PASSED. Mayor Falck said he sent a detailed memorandum to Council'in connection with this project outlining and suggesting this be approved so that they could notify the Aetna organization and they could set up their program so that the individual employees who are interested in participating in this program would be afforded that opportunity prior to 12/31/82, taking advantage of the tax options to do that. Mayor Falck said the present proposal is simply an authorization to permit a payroll deduction for the benefit of the employees who desire to take individual contracts with Aetna in connection with their deferred compensation plan and does not,in any way, involve the City. He said it provides for the City to deduct and forward to Aetna and the City will provide that service to them at no cost. Mayor Falck said the only other thing is that the City would have to approve issuance of the tax forms that are required and if there are enough employees that are interested in going into the U. S. Conference of Mayors Program this will be handled separately and a special recommendation developed by him or the City Manager's office for Council to consider. Jon Henning said the City can set any rules they want and other than the computer costs and the City's Finance people making the changes, Aetna's personnel will take care of the contracts, signatures and forms. ='M 11/10/82 /pm C/M Disraelly MOVED the ADOPTION of Temp. Reso. 42503, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE.._..._ 10. Solid Waste Disposal - Tem2. Reso. #2504 - Discussion and possible action to authorize theappropriateofficials to execute an agreement with Broward County for solid waste disposal and resource recovery. SYNOPSIS OF ACTION: TABLED for further research. Jon Henning read the Resolution by title and C/M Disraelly said he would like the City Manager to give additional input on this. Mayor Falck said at the Board Meeting of the Broward County League of Cities last Thursday they took a very strong position whereby they do not want to be trapped into a 30 day period of time to consider a program of this kind. Mayor Falck said they are also interested to know who will be setting the rates, the County alone, the County in conjunction with the City or will the City be confronted with another situation where they increased the tipping fee, on l/l/82 of $3.00 per ton with no notice. Mayor Falck said they feel they probably cannot do very much about controlling this but they want to be informed. He said the County has called him and they are having a meeting on this on Friday afternoon at 3:00 p.m. which he has been asked to conduct. He said they also discussed it at the Northwest Broward Council of Mayors and with one exception,all of the members decided that to get some additional time to get this straightened out would be more in line with what the municipalities wanted to do. C/M Disraelly said he feels the City Attorney should get involved and determine how the City can control the commercial waste and garbage when they do not pick it up. V/M Massaro said the County must get their plans organized before the City can make a determination. V/M Massaro MOVED to TABLE for further information. Mayor Falck said he will give Council a report after his meeting which is scheduled for Friday on this item. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 37. Burger King - Revised Site Plan - Temp. Reso. #_2507 - Discussion and possible action on a revised site plan for playground. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R- a -�PASSED. Temp.-Reso. #2507 with conditions. Jon Henning read the Resolution by title. Nancy Suau, Site Engineer Tape representing Burger King, said there are two handicapped spaces that 3 have been there from the original site plan. C/M Disraelly asked the distance between the wheel stops and the wall and Ms. Suau said it will still be 2'. She said the wall will be constructed of brick with black mortar matching the existing building and will be 4' high. C/M Disraelly asked if they would cut the north wall down to 17-1/2' and create landscape islands in the front. Bob Lee, Site Engineer, said they could create triangular landscape islands with low coloring plants and ground covering. Mr. Lee said they would extend whatever line they had into the new area for additional sprinklers. C/M Disraelly MOVED the APPROVAL of the Burger King revised Temp. Reso. #2507 whereby there will be landscaping between the wall and the wheel stops changed to a continuous curb with low coloring plantings, colored ground cover and colored plantings such as crotons installed in that area which will become additionally sprinklered for maintenance. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 10 - 11/10/82 /pm 7 14. Land Use Plan - Temp. Reso. #2505 -- Discussion and to approve revisions to Amendment No. 4 pertaining as requested by the Broward County Planning Council requisite to recertification. possible action to transportation as a pre - SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R f ff,,?- o j PASSED. Temp. Reso. #2505 changing the word "transportation" to "trafficways/ expressways". Mayor Falck said this information is necessary for the City to present to the County at their next Broward County Planning Council meeting to enable us to proceed with the recertification of our Land Use Plan which is made up of a few minor items which has been suggested by the staff. Jon Henning read the Resolution by title. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2505, SECONDED by C/M Krantz. Richard Rubin said the Planning Council has made a request that should be in the MOTION, wherever the word "Transportation" appears they would like it to be called "Trafficways/Expressways". V/M Massaro said she would include that in the MOTION. VOTE: ALL VOTED AYE 12. Broward League of_Cities Business - Discussion and possible action. SYNOPSIS OF ACTION: No additional information since the last meeting. The next meeting will be 11/18/82 at Lighthouse Point Yacht and Racquet Club. C/M Disraelly said there has been no additional information since the last meeting and the next dinner meeting of the Broward League will be Thursday, 11/18/82 at Lighthouse Point Yacht and Racquet Club. 19. Continental Plaza - Revised Site Plan - Temp. Reso. #2519 - Discussion and possible action on a revised site plan for a ground sign. SYNOPSIS OF ACTION: TABLED for further consideration. Jon Henning read the Resolution by title and Richard Rubin said on 10/22/80 the applicant made a request for a sign waiver which Council granted with the condition that they submit a site plan that complied with City Code and paid the appropriate fees. He said now, two years _ later, the site plan is before Council for their review_. He said he has specific -requests tnwt e woul-cr- 1 ke --included in the - final approval. C/M Disraelly said the request for the sign waiver was approved 10/22/80; however, Ordinance 80-34 regarding signs says that "a waiver granted shall become null and void if the sign has not been erected within three months from the date of approval". C/M Disraelly said, therefore, that the approval of the granting of the sign,which was approved in 1980,is no longer valid. He said on 2/3/81, they requested a waiver for a revised site plan for the installation of that sign and Council denied the request for a waiver since there is no provision in the City Code to allow such a waiver. Richard Rubin said, as a condition of approving the site plan, he would recommend that this project upgrade its landscaping along Commercial Blvd. He said other recommendations of his are: (1) Sign and seal plans (survey) (2) There needs to be a hedge along the south property line separating the parking lot from Commercial Blvd. V/M Massaro said she would rather see trees in there since hedges do not seem to be durable enough. 11/10/82 /pm i V/M Massaro said these people have been very generous to the City in dedicating that land at no cost and she cannot see requesting them to put another hedge in there. C/M Disraelly questioned whether they need the two entrances on Commercial Blvd. and he said there are 83 parking spaces in this spot with no handicapped spaces and the Ordinance requires two. He said there are sufficient spaces but two should be marked for handicapped parking. Richard Rubin said he is concerned because the applicant is not present and Council made a good suggestion in meeting with them to discuss this further. C/M Disraelly asked the City Planner to set an appointment with them for them to meet and discuss this further. V/M Massaro MOVED that this item be TABLED for further consideration. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 20. Boulevards Section - Revised Site Plan - Temp Reso. #2520 - Discussion and possible action on a revised site plan for fence at the swimming pool at the clubhouse. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R -� PASSED. Temp. Reso. #2520 Jon Henning read the Resolution by title. Mayor Falck said he sent Council a memo on this and these people want to finish enclosing their pool with one run of fence on the north side of that pool since the other three sides are already enclosed. He said they feel this will eliminate a safety hazard and they have paid all the fees due. C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2520, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 21. McNab Plaza North (She and Plaza) - Discussion and possible action on Amendment No. 2 to the Water and Sewer Developers Agreement. SYNOPSIS OF ACTION: Held for receipt of check. (See Page 32). V/M Massaro asked if the check was received in the amount of $1,312.50 for water and the City Planner was requested to call them to advise them that this check is due today. 23. Mainlands Section 6-A - Temp. Reso. #2447 - Discussion and possible action on request for encroachment of an easement on Lot 1, Block 126 (tabled from 10/13/82). SYNOPSIS OF ACTION: APPROVED Temp. Reso. #2447. RESOLUTION NO. R - PASSED. Jon Henning said this was the question of the encroachment on the utility easement of .51` or approximately 6". He said there is no setback problem that he can determine and there is nothing to be considered accepted by this Council. He said they have had represent- ation that the other utilities involved, that being the power company, telephone company and cable company, acknowledge the encroachment. C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2447, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 12 - 11/10/82 /pm L 38. Siegel Funeral Home - Discussion and possible action on: a) Site Plan - Temp. Reso. #2509 b) Landscape Plan c) Water and Sewer Developers Agreement d) Water Retention Agreement e) Acceptance of road right-of-way deed for 2-feet on McNab Road Temp. Reso. #2510 f) Acceptance of 10-foot utility easement - Temp. Reso. #2511 (to be located on the north side of McNab Road, east of the Sunniland Bank property) SYNOPSIS OF ACTION: RESOLUTION NO. R - g' -3m7 (m PASSED. a)APPROVED with conditions, RESOLUTION NO. R-.PASSED. b)APPROVED with conditions, RESOLUTION NO. R� PASSED. c), d), e) and f) APPROVED. a) Richard Rubin said the application before Council is zoned B6 on 1.377 acres of land which has, by court order, been determined to meet with the City's special exception requirements. He said the site plan was reviewed by the Planning Commission on 9/16/82 and they have approved it on 10/7/82. He said the parking has been resolved and staff re- commends approving the site plan with the following conditions: (1) the City will accept the Water and Sewer Agreement (2) the Water Retention Agreement (3) the utility easement (4) rights -of -way dedications (5) nrnvir7incr arlr3i.t i-nnnl landst-nna st.ri.n att.hP rt-ar of t.ha hi1i.1Hj.nrT. Richard Rubin gave the following checks from Mr. Drexler to the Assistant City Clerk: (1) $7,500.00 — Water & Sewer Agreement (2) 177.84 - Drainage Improvement (3) 2,394.00 - Water Retention Agreement Richard Rubin said the Beautification fees and the Engineering fees are required at the time the permits are pulled. He.said the Beauti- fication Committee noted the need for a buffer between traffic and the wall at the north perimeter wall of hedging and other low plants and Mr. Drexler has agreed to this. Mr. Drexler said they do not intend to have a ground sign at this time. V/M Massaro explained that if they do intend to have a ground sign, they must come back to Council with a revised site plan. C/M Disraelly said where a curb is indicated on 70th St., this must be backfilled and sodded their length of property, approximately 200', with bahia grass. C/M Disraelly noted this must also be done on McNab Road. V/M Massaro MOVED the APPROVAL of Tem . Reso. #2509 approving Tape the site plan as amended and notations made and red -marked which includes 4 the requirements for the sod, curbing and backfilling as indicated by the City Planner. This also includes landscaping around the north and northwest allowing for approximate locations of future doors to be constructed after their building plans are approved by the Building Department. SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE b) Richard Rubin said the Landscape Plan was reviewed by the Beautification Committee on 9/13/82 and was approved with the condition that additional landscaping be placed along the north perimeter walls of the building. C/M Disraelly MOVED the ADOPTION of the Landscape Plan approved by the Beautification Committee on 9/13/82 with the addition of landscaping on the northwest and north walls of the building toward 70 St. which was approved on the site plan. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 13 - 11/10/82 /pm c) Richard Rubin said initialled and final copies of the Water and Sewer Agreement were given to the City Clerk now that reflects the total water and sewer fee of $7,500 equalling $1,500 per ERCs for 5 ERCs V/M Massaro MOVED that the Water and. Sewer Developers Agreement be ACCEPTED, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE d) C/M Disraelly said there is a Water Retention Agreement signed by the developer and the fees have been paid and he MOVED the ADOPTION of the Water Retention Agreement. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE e) Jon Henning read the Resolution by title. C/M Disraelly said they have the Warranty Deed and the description of the 2' along the 200' right-of- way and he MOVED the ADOPTION of Temp. Reso. #2510. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE f) Jon Henning read the Resolution by title. C/M Disraelly said they have the sketch and the grant of easement and h_t .e _MOVED_..._he ADOPT.TO.N_.-of ... Temp, Reso. #2511, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE MAYOR FALCK RECESSED THE MEETING FOR LUNCH UNTIL 1:30 P.M. MEETING WAS CALLED TO ORDER AT 1:30 P.M. WITH ALL PRESENT. 13. Limited Agricultural. (A-1) Zoning District - Temp. Ord. #885 - Discussion and possible action to amend Code Section 28-171.2 to permit distributor transformer stations and setting forth conditions for such use within this district. Second Reading. (Public Hearing held 7/22/81) (tabled from 9/22/82). SYNOPSIS OF ACTION: TABLED to the meeting of 12/8/82 so that certain tests can be completed. Mayor Falck said this will be a Public Hearing and requested order and that speakers give their names and addresses for the record. He said they will be given three minutes to speak on the subject . Mayor Falck opened the Public Hearing. Judy Camel, resident, said she would like to know where this is planned to be in relationship to the high school. C/M Disraelly said this area under discussion is an area on Southgate Blvd. about halfway between University Dr. and Pine Island Rd. about 2 acres in size. He said part of that property on the east side is residential zoning with a golf course on the south and west sides. Ms. Camel said the school children will be going past this area and if there are potential dangers, she would expect Council to vote Larry Bender, resident of Woodmont, said with regard to this request of FP & L, he would request that this matter be tabled indefinitely. He said FP & L has given technical data to Council which he feels is incorrect and Council has also received technical data from Dr. Oppenheimer which they believe to be correct. He said, therefore, he would suggest an impartial source such as the University of Miami be used to screen this data and determine its validity. - 14 11/10/82 /pm A L Mr. Bender said FP&L has indicated that the nearest residential neighborhood would be 300 or 400' away from the substation. He said Site 46, as available building site in Woodmont, is adjacent to and borders on the FP&L site a considerable distance less than stated by FP&L. He said under Florida's new Transmission Line Siting Act, the Governor and cabinet have authority to approve the location of power -- lines. He said he has written to the Governor requesting that the health and welfare of the residents should be protected and it was recommended that the office of the Governor take the initiative and institute some action under the new Act to establish legal, safe standards for exposure to and emission of electric radiation within the State of Florida. He said, as a result of this information, the need for additional time is essential in order to surface all pertinent data for the availability to the City Council. He requested Council consider tabling this FP&L requested zoning change indefinitely. Mr. Bender said he wrote to the Governor on 10/20/82 and has not as yet received a reply. Max Blum, resident of Heathgate section, read from part of an article that appeared in a copy of 1980 Readers Digest magazine entitled "The Menace of Electric Smog". Mr. Blum asked Council if they knew how many kilos would be transmitted from those lines by that station and Council said there are people present that could tell them that. Mr. Blum said each kilo equals 1,000 volts, therefore, if they are transmitting 50,000 kilos they will be transmitting 50,000,000 volts on those wires and that can cover a distance of over 2,000 feet and affect anyone in that area. John Carona, resident of Sunflower, said there is a substation near his home and he is concerned if this is dangerous. Louis Breslin, resident of Westwood 23, said everyone in New York City is exposed to radiation with subways, etc. and they are fine. He said people are exposed to this daily on cruise ships, airplanes, etc. John Easterling of FP&L said the zoning of the property next to the substation on the west side is zoned B3 commercial at this time. He said he would like to introduce testimony of Dr. Morton Miller, who has qualified as an expert witness on this issue. Dr. Morton Miller said he is an Associate Professor of Radiation Biology and Biophysics at the School of Medicine and Dentistry, University of Rochester. He said his area of research is Biological Effects and Mechanisms of Action and presented his credentials to Council. He said he was asked to speak by FP&L on the issues of biological effects and transmission lines in substations and electric and magnetic fields. Dr. Miller said the first approach is simply to review the scientific literature that deals with exposures of people, plants and animals to electric fields of the type that are associated with this power -delivery system. He referred Council to table 2 of a 1982 report, which he distributed listing studies done of the health of individuals who have, for up to 9 years, been exposed to the intense fields of these power - delivery systems. Dr. Miller said the results are uniformly negative in terms of these types of studies. Dr. Miller said the second approach is called the "biophysical approach", that is, determining the fields that are inside the body of a person that is exposed to these fields. He said because of the extremely high conductivity of the human tissue, the fields are extremely reduced and one can measure the amount of current that is induced in the body - 15 - 11/10/82 /pm of a man that has been measured, taking approximately 100 volts per meter, electric field, in the vicinity of the cells, to affect them. Dr. Miller said the fields that are induced in a person's body in the proposed transmission lines fields, are approximately .0003 volts per meter, about one hundred thousand to one million times less than the level that is known to perturb cells, which gives some idea of the "relative safety" of the situation. Dr. Miller said the National Safety Electric Code allows an individual to hold in his hand various types of devices such as drills and portable and fixed appliances from which the safe leakage current that is allowed by law to leak is 750 microamps. Dr. Miller said his reason for focussing on the transmission line fields is that the transmission/line field induces the greatest electric current in the body and that the fields from that substation would be absolutely miniscule relative to the fields of the transmission line. He said the total current that is induced in the maximum part of the field is 64 and there are far more potent sources of electric current in our body from our own home. Dr. Miller referred to two statements of analysis, the Wertheimer Study and the Milham report, an occupational mortality. survey. Mayor Falck said he feels the article which appeared in Readers Digest is more relevant to the residents. Dr. Miller said the article refers to the work of the induction of cancer in children from individuals exposed to high current relative to low current configuration trans- mission lines and this is the work of Nancy Wertheimer and Ed Leper in Denver. Dr. Miller said they went to the death registry in Denver and took children from 0 to 19 and they obtained about 600 deaths and they mapped the location of each child's residence in terms of proximity to a transmission line. He said they measured the number of cases that live next to what are called "high current configuration lines" and the number of cases that live next to "low current configuration lines" and while this is not their data, the ratio was something like 8 to 2. V/M Massaro asked Dr. Miller what he means by "controls" and he said a "control" in the scientific sense would be an organism or individual that, in an experiment, is comparable to the one being tested except it is not exposed to the field. He said the problems with their study is that they in no way say there is a casual relationship established here, it simply is suggested. Secondly, they suggest that the effect may be due to the fields but no field measurements were taken in this study. He said it is almost incumbant that you must take measurements. He said the study was not done "blind" meaning that the person locating the residences of the cases and the controls knew which were the cases and which were the controls. He said blinding helps to maintain objectivity. Dr. Miller said in the totality of all of the studies done with personnel all over the world, there has been no reported instance of malignancy of any type in these workers and the fields in this study are extra- ordinarily low. He said there is nothing, either from the biological effects literature or the biophysical analysis that indicates that these fields are in any way effective let alone hazardous. Dr. Samuel Oppenheimer, resident, . gave his credentials. He said he read the literature available to him in terms of the dangers due to magnetic flux and he thinks they are correct. He suggested that they make flux density measurements and he would work with FP&L in doing this. He said these measurements could be taken in a day if FP&L would provide the instruments and Mr. Easterling said the measure- ments have been taken before and they could provide the data. C/M Disraelly said he cannot vote on this without seeing these measurements and Mayor Falck suggested, in view of the interest expressed, that - 16 -- 11/10/82 /pm � � r PUBLIC HEARING Tape The following is a verbatim transcript requested by Mayor Falck. 5 15. Amusement Centers - Temp. Ord. #967 - Discussion and possible action to amend Chapter 14 of the Code concerning regulation and licensing of amusement centers and the operation of coin - operated amusement devices. Second Reading. The only public hearing on this item will be held on Wednesday, November 10, 1982 as advertised, however, action by Council will be deferred to 11:00 A.M. on Wednesday, December 8, 1982. Mayor Falck: This was done at the request of certain individuals repres-enting Tama-r-ac Preskdents--Cou-nci- j representing other groups as well and I have complied to allow any additional time over and above the public hearing that will be held today so that you can provide whatever information, if you so desire, so that Council has all of the available input. The public hearing will be not be continued, it will not be reopened. The public hearing will be closed today but the action and discussion will take place 11:00 A.M. Wednesday, December 8, 1982. This will be a public hearing and we are going to maintain order. The only thing that we are going to hear today is the proposed Ordinance, nothing else. If you want to speak, hold up your hand, when you are recognized come forward, state your name and you will be allowed three minutes to speak. If you deviate from discussing the Ordinance I am going to rule you out of order. The only thing that is up for discussion is the Ordinance #967 that is indicated on the agenda, nothing else. Sir? Mr. Henning would you read the Resolution by title? Jon Henning: This is Ordinance Temporary 4967, the 11/9/82 revision. An Ordinance of the City of Tamarac amending Chapter 14 of the City Code by adding a new Article 13 which said Article shall provide for the regulation and licensing of amusement centers and the operation of coin -operated amusement devices; providing for suspension and revocation of license; providing for seizure of unlawful devices; providing for codification; providing repealer; providing for severability of invalid provisions; and providing an effective date. It should be Chapter 14. V/M Massaro: Chapter 14 is right. Chapter 28, Article 14. C/M Disraelly: Where are you, please. V/M Massaro: We are on the title. Chapter 14... Jon Henning: Article 13, Chapter 14. C/M Disraelly: Isn't Chapter 14 Licenses? So that's what we are talking about. It is a correct title. Mayor Falck: This is a public hearing. The number of individuals I think ought to be representative, don't hold them all at once because I can not write that fast. We will start with Mr. Munitz. Ray Munitz: Thank you, Mr. Mayor. Mayor Falck: Mr. Bartram, Mr. Hart, Bern Jones, Mrs. Mascolo, Jack Gleason and Saul Mesinger. Ray Munitz: Thank you, Mayor, I guess the excellent and most unusual 11/10/82 /pm Council table this to the next to be considered would be those Mr. Easterling if the two week C/M Disraelly suggested tabling is the day before Thanksgiving C/M Krantz suggested both sides regular meeting and the only aspect questions raised. V/M Massaro asked delay would be sufficient time and this to 12/8/82, since the next meeting and he MOVED to TABLE to 12/8/82. taking these measurements to insure objectivity. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE - 1.7 - 11/10/82 /pm Ray Munitz: way to start, something which,unfortunately, we don't Cont'd. hear too often to this Council, is to thank the Mayor and C/M Disraelly,the framer of this Ordinance,and all the other members of Council including the City Attorney, who have spent as much time on this to try to include any of the things that have been suggested by the people. As a result of a three hour conference that Harold Newman, Bernie Hart, myself had with C/M Disraelly and our City Attorney, many of our recommendations have been incor- porated in this latest revised revision draft and, of course, makes my presentation that much simpler. I don't have to talk about the things that are already in there. We do appreciate that, Mr. Mayor, C/M Disraelly and City Attorney and it's an indication,as far as I'm concerned that the City Council is very much interested in giving the people of Tamarac as much protection as possible from the so-called possible evils, realistic or imagined or otherwise for video games. You know, you can put two or three locks on your door but that doesn't keep the burglar out. You can put a burglar alarm on but that doesn't keep the burglar out so you can only go so far and do what you think best and then just hope for the best. A few specifics that I would like to go into, others which were recommended and which, for some reason, I assume good reason, which I would like to know, certain things were not included. First thing I would like to refer to is a 11/8 memo by the City Attorney to the Mayor and Council the p.s. of which the last sentence..."It has been recommended by one of the Council members that all employees of amusement centers first obtain an identification card from the City Police Depart- ment". This is not in the latest revised draft and I would like to know why C/M Disraelly or City Attorney, whoever, why that was not included? Jon Henning: I think the answer is in the memo if you finish the last sentence, with all respect, it says "this provision was inadvertently left out and if it is the desire of Council it can be provided in an appropriate place in this Ord- inance". Ray Munitz: In other words, you have not heard any desire from Council on this particular item? Jon Henning: It was read. I appreciate your referring to the memo, which you did, and it says there that it has been recommended by at least one member of Council that the employees be required to have a City I.D. by the Police Department. The memo indicates that it was inadvertently left out because there were several drafts that were being compiled together and that if it is the desire of Council to add that in than I will be happy to put that in the appropriate place. It's up to Council to discuss that. C/M Disraelly: If I may, Jon, you and I discussed it and it's one of the items that came up was the fact that you don't have to have an I.D. card to work at McDonald's and other fast food places and many of the people who would be employed within this, if it is a type of organization that has been talked about, many of these people would be employed for food handling, cleaning up, etc. and that was the reason... when Jon and I spoke about it... Ray Munitz: Jon, I'm assuming that an accessory amusement center would be the one, what about the primary centers? May I respectfully suggest that the Council, in its own consideration, consider an amendment to the Ordinance which would incorporate this requirement. I think that it has merit and I would sincerely appreciate the Council giving that attention. 11/10/82 /pm V/M Massaro: Mayor F'alck: I think it has a .lot of merit. You make your suggestions and the Council will consider them. Ray Munitz: The other part that I would like to go into is that we have recommended that in the definition of a primary -use amusement center,the words "game room" be added to it for the purposes of clarification and to actually get the real meaning across as to what a primary amusement center is. It is basically a game room, period, and nothing else. The word "primary" itself might imply that there is a secondary or other use and since it is solely and only a game room,I would respectfully recommend that it say so. In other words, in defining the primary amusement center,you say "primary amusement center(game room only) so that we know exactly what we are talking about. Thirdly, there is a section on Page 4, Line 20, Item #6, where it says... V/M Massaro: Before we read this one, Mayor, may I ask the City Attorney a question? Could we, by law, be required to have a primary use amusement center? I have no great aversion to video games since they are in almost every establishment that we have but primary amusement centers with nothing else but those games ... it appears that that's where the problems have been. Is there a law...it's just a question, it may have nothing to do with this Ordinance... just a question so that I can make a judgmen.t-_on.-- this __O-r-d nance. Do we by law have to permit them in here? Jon Henning: I can answer the question. First of all, if the Mayor wishes at some time he can have me give a very brief explanation of this Ordinance... Mayor Falck: Let's do that at the conclusion of this public hearing. Jon Henning: In answer to this question, the present Ordinances in the City of Tamarac provide for amusement centers. They exist now, this Ordinance is a restriction, this Ordinance is a regulation of amusement centers which are already provided. As to whether or not we could preclude primary use amusement centers in the City... in order to pass the requirements of the Supreme Court, I think that if we could find a rational basis, a reason to distinguish primary amusement centers from these other accessory uses then its conceivable. Not just as a passing fancy, so to speak, but that if there was a rational basis to distinguish them from the other uses, then it is conceivable. V/M Massaro: Thank you. Ray Munitz: On Page 4, Line 20, Item #6, which reads in the latest... "provide a statement committing the applicant to require children under the age of 16 years to be accompanied by a parent or other adult while in the amusement center". Every previous draft was before the word "parent" was added and I can understand why parent would be necessary. It said a"person of the age of 21 years or older". Mayor F'alck: Wait a minute, I think we are getting a little far afield. I think this is a public hearing. The public is supposed to state what they feel...I think every member of Council wants to make some kind of comments aboutit and I don't think that's what it is. Council is not discussing this. -_._.-2. 0 - 11/ 10 / 8 2 __ . /pm Mayor Falck: We're hearing from the public. Cont'd. Ray Munitz: All right then, thank you. I'm very happy to respect that decision. Again ... why the words "other adult" were used instead of a prior clause which said "a person of the age of 21 years or older.. nowhere in the Ordinance can you define adult ... we know what the legal definition is...we know what the state is ... we know what an adult is for alcoholic beverage purposes...we know what an adult is for voting purposes but what is an adult for the purposes of this Ordinance. Continuing below that, Item 47,"specify the minimum number of employees to be on duty at any time insuring the presence of at least one person 21 years of age or older during the hours of operation". This introduces a concept that I proposed at this meeting but which was not accepted by either the Attorney or C/M Disraelly, and that is simply this, all amusement games, whether ... well, primary would,of course, would be in enclosed areas cause that's all it has ... but in all amusement games within an accessory area, and in an enclosed area with a 6' partition, the purposes and advantages of this are very obvious. In so far as being able to measure the square footage to determine the legal number of machines, insofar as it being more easier controlled by the uniformed Police officer that is required-_.. Insofar as many of the evils that may result from it that you have concentrated in a given enclosed area,the problems of control are lessened. I would strongly suggest that the Council consider the concept of an enclosed area wherein the video games would be located and this would be very, very helpful in keeping the potential, imagined or otherwise, evils of this particular Ordinance. The enclosed area concept comes into play in four or five different sections of the Ordinance... I'm not going to go into detail for the moment ... but one further discussion... if you have a person over 21 years of age in the kitchen, for example, the person over 21 years of age in the kitchen is hardly going to be conducive to any control or super- vision for in the amusement game area. So, you can see, I'm sure with this how important the concept of enclosed area actually is. The final point that I would like to get to has to do with alcoholic beverages. And this is on the top of Page 6, the only reference that this Ordinance makes to alcoholic beverages is that if there is a liquor license, the hours of operation are determined by the hours permitted by the liquor license rather than under the hours of this Ordinance itself. I feel that this is an incorrect concept, I feel that the control should be within and by the City within the framework of this Ordinance and I would strongly recommend the following:... and you know, before I do so, we have had some expert testimony here and everyone has expounded their credentials ... I spent many, many years in the New York State Tax Department as a tax examiner and I have some expertise towards alcoholic beverages. So that, under that concept, I am very familiar with the alcoholic beverage concept and control. The need for control is much greater than this Ordinance stipulates. I would like to see that no alcoholic beverages at all be permitted within a primary amusement center. - 21 - 11/10/82 /pm 61 Ray Munitz: Secondly, at an accessory amusement center, if you go Cont'd. the concept of the enclosed area, the consumption of alcoholic beverages within the enclosed area wherein the amusement games will be located would be restricted or completely not permitted. The final point is right underneath that, Item #J, where originally we're talking about bike racks, we said one for each five machines with a minimum of six, I see that the Ordinance has a minimum of six bike racks and does not equate into the actual number of.machines. These are the many items we have gone through, as I say, many of the items we have suggested are already in the Ordinance, and we appreciate that. Only the other day, there was an article "Alcohol and Traffic Safety" starting early in the Kindergarten so that we have an alcohol problem and situation in the young adults, in adults and also older adults sometimes. This is something I would like to see the Council address itself to and to a series of amendments to this Ordinance prior to its actual adoption, I think will help accomplish the aim of the Council has made it very clear that it does want to make this Ordinance very restrictive for the best interests of the health, safety and welfare of the people. This Ordinance is an absolute mess and it must be enacted and it is probably one of the most important pieces of legislation actually considered by Council in quite awhile. This Ordinance is very necessary and I would appreciate the attention to the amendments that I recommended. Barry Dickman: My name is Barry Dickman, I'm going to try to go through quickly and I'm not going to tell you my life story. I'm from Oakwood, that's right behind Taravella High School. You changed down the one particular part of the Ordinance that I disagree with so far and the last one that I've seen is: "Provide a statement, committing the applicant to require under the age of 16 to be accompanied by a person of the age of 21 years or older". This one,I believe, is unconstitutional. I believe this one is unconstitutional because... C/M Disraelly: Pardon me, that has been changed. Barry Dickman: What did we change to? C/M Disraelly: "By a parent or other adult while in the amusement center". Barry Dickman: O.K. I believe this rule is unconstitutional because it denies the right of entrance to any child on his own to use any of the games inside the amusement center. It also denies any adult, age 18, from using the premises with a date under the age of 16. It also denies a driving member of a family 17 years old from entering with any younger sibling. It also denies a mother from entering with her child if she is under the age set there also. It allows a child to use the games placed in a drug store or a food store but unfairly denies the same child's right to play the same games placed in a primary use center, especially designed and set up with the Youngster's safety in mind. The movie houses allow children to come in and enjoy a movie and play a game. The bowling alley allows drinking and smoking, they are permitted to let children bowl. An entertainment seeking to attract a family crowd may have - 22 - 11/10/82 /pm Barry Dickman: a puppet show, a kiddie ride, mazes and other items. Cont'd. 14-105 would prohibit youngsters from entering to watch a show or play in a mall while parents shop elsewhere in the mall. This rule puts the game owner at a disadvantage to all other locations and unfairly denies his right to take in all ages. I have a question and I would like to hear an answer ... why was the distance changed from 1,500 to 1,800 feet from the school...was it the fact that I came to you with plans to set up a family game center 1,500 feet from Taravella High School? Mayor Falck: I don't think that Council should have to answer. Barry Dickman: O.K. At some later date I would like an answer on that. I think that's the reason. Harold Newman: This man is from Coral Springs. Mayor Falck: Harold, we have people from all over who come in here. They identify themselves. Barry Dickman: This Ordinance affects me far greater than you because the Ordinance wouldn't affect you at all with what I had planned to go in. Is the City Council acting fairly to all concerned when they make special laws to prevent any amusement center from going into business in their town by cutting regulations of footage so high that no location will fall under these terms. Also,by setting age limits making the business off -bounds to many children. Is this City of Tamarac for retired persons only or can children and young adults have rights of attending an amusement center especially designed for them? The builder of Tamarac Town Square was asked by a retired person not to rent space to an amusement center. He asked "why not?" and she replied, "I'm prejudiced against children". How many people here today fall into the same category? As a rule Publix,who-have children over the age ot_.14 working in a store and to help you carry out your shopping carts. McDonalds will attract children from miles around, how will you keep these children out? Table these reg- ulations today, set up again a new and a fair set of rules that will benefit both young and old. Thank you. Herbert Friedman: I'm Herbert Friedman, I live at 6304 NW 73 Ave. in Tamarac. I realize that I live a great distance away from this so-called video center. Mayor Falck: No, now just a minute. We are not talking about the video center, sir. We are talking about the proposed Ordinance. If you want to talk about the Ordinance you are free to do that but you are not free to talk about anything else. Herbert Friedman: In other words, I'm not allowed to talk against the whole proposition? Mayor Falck: There is no proposition. The only thing we are talking about is an Ordinance that the City has proposed to consider, that's all. Herbert Friedman: Well., I'm sorry. I misunderstood, I just received the Ordinance a few minutes ago and I came prepared to talk about not having a video center in Tamarac. Mayor Falck: If you want to talk about the Ordinance, you can do that but if you don't want to talk about —I'm talking about - 23 -- 11/10/82 /pm W Mayor Falck: the provisions of the Ordinance now. Cont'd. Herbert Friedman: No. Thank you. V/M Massaro: I wonder if the gentleman knows, we have no particular amusement center that has petitioned to come in right now. Herbert Friedman: This is contrary to what I've heard. V/M Massaro: There was one and it was withdrawn, there is none now. There might be some that they may be considering but they have not petitioned the City to come in. Mayor Falck: Mr. Jones. Mr. Jones: Mr. Mayor, thank you very much. Ladies and gentlemen of the Council, I have corresponded with you all before, of course, as you know, and I'd like to make one point if you don't call me out of order. Mayor Falck: Are you going to talk about the Ordinance? Mr. Jones: Yes, sir. I'm going to talk about the Ordinance. I want to preface it with one sentence. Today is the 207th Birthday of the United States Marine Corp. and I'd like to have you know that. Thank you. Sir, I would like to say that in comparison to the original Ordinance that was written back in February, what we have in our hands right now proves one thing. It proves that the system works. It proves that the people are listened to in most respects. And, I would like to say, notwith- standing the changes that have been proposed, I would accept this as written because it is taking the primary concern away from us with our B1 Neighborhood Business zones. I would like to thank you for that and I would .like to say also that, you know, compromise is not a dirty word as long as it doesn't involve principle. Yes, the system does work and I want to thank you very much. Mayor Falck: Thank you. James Bartram:._.My name is James Bartram. I am President of Section 8, Tamarac. Honorable Mayor, members of City Council and especially Mr. Irving Disraelly. As President of Section 8, I would like to take the opportunity to thank each and every one of you for your consideration of the health and welfare of our community, not only of Section 8, but to all other residents of our beautiful City. Thank you very much. Mayor Falck: Thank you. Mr. Specht. Fred Specht: Mr. Mayor, Vice Mayor, members of the Council. Oh, my name is Fredrick Specht, I live in Section 10. As regards the City Ordinance #967, all of us here believe, I believe, anyway, that the Ordinance should be made as restrictive as possible to safeguard the morals and the education in our City. Last night, to back that up, on last night's television news, the United States Attorney General stated that video games are enormously addictive especially for school children. I would like to suggest one Amendment to Ordinance #967. It should be amended to include on Page 6, Section 14--107, a paragraph that was originally - 24 - 11/10/82 /pm Fred Specht: included in the original Ordinance that Mr. Disraelly Cont'd. was working on. However, City Attorney Henning deleted it because he thought it was necessary. The clause that was deleted is as follows: "if approval of said license would be contrary to the public health, safety, morals and general welfare,then said license shall be denied". Mr. Henning and City Councilmen, that clause belongs in this Ordinance and it should be so amended. Now, if we turn to a second Amendment, we turn to Page 5 of the new Ordinance that is presented this morning... Jon Henning: May I interrupt for just one second, please. Do you have a copy of that prior page with you that I can look at while you are addressing this second issue? Fred Specht: Well, I'm going to use it. Jon Henning: O.K., I'm sorry, go ahead. C/M Disraelly: Here it is, Jon. Jon Henning: Thank you, I have it. Fred Specht: On Page 5, Section 14-106(c),"Amusement centers may be located in free-standing, single tenant buildings provided that no part of the property shall be closer than two hundred fifty feet from the residential property". I believe that is ambiguous and can be construed by a court, if it ever came to a court case anywhere in the City,differently than what you intended to mean here. Now if we go back to an older Ordinance copy, it says on Page 5, Section 14-106, "an amusement center shall not operate closer than two hundred fifty feet from residentially zoned property", and they use this word specifically.. "measurement shall be from the exit or entrance of the amusement center nearest the residentially zoned property in a straight line to the nearest boundary line",which is different than "boundary","of residentially -zoned property. Now, let us go down here where it talks about the school... "no amusement center shall be located closer than eighteen hundred feet from any public or private primary or secondary school or playground. Measurement shall be from the exterior walls of the amusement center, which is the building itself, nearest the school or playground in a straight line to the nearest boundary line of that school or playground". And I suggest that that was left out of (c) where it only says "residential property"and doesn't say anything about measurement from the exterior wall and I suggest Mr. Mayor and Councilmen, that that should be considered... consideration should be given to that to make a change in that area which would make it more specific. Mr. Henning, I know that you had a discussion with Mr. Kravitz at some point regarding the specifics, that was in the Minutes, I got it from upstairs, so I know what I'm talking about. Well, he said that being too specific or overly specific sometimes leads to loopholes. Well, I never heard...I think when you're specific you eliminate loopholes. Thank you very much. Bernie Hart: I want to join the plaudettes of previous speakers... Bernie Hart, Section 16. I want to join the plaudettes of some previous speakers particularly to Attorney Henning - 25 - 11/10/82 /pm Bernie Hart: and to C/M Disraelly because I know the serious amount Cont'd. of work and time they put into this Ordinance and I think this Ordinance comes out now pretty good. I want to endorse the suggestions made by Ray Munitz. Other than that, I think those changes are important in view of the Surgeon General's remarks last night. I'm sure most of them heard him on television or read it in this mornings paper, but specifically, what he said was he blasted video games as being hazardous to the mental health of young people. There is nothing constructive in them, everything in the games is eliminate, kill and destroy. And,he was afraid that the kids may duplicate the game violence outside of the video centers. That's. why I believe that it is very important that this Ordinance be as strong as possible. One of the changes which I congratulate C/M Disraelly for making was the... one of the changes in this Ordinance that was mentioned by the previous speaker. I think the two hundred fifty feet from the boundary of residential property to the boundary of the commercial property is beautiful, it's good because if you figure it out, it will eliminate any existing building along Commercial Blvd. backing up to any residential section. I think the people should also realize that there is one clause in this Ordinance which guarantees us the proper actions in the future and that is the clause which states 14-108 which calls for a public hearing before any license is issued. In other words, if in the future somebody applies for a license to operate a video game, the Council would then have to listen to the people at a public hearing and I think it's important and excellent that it is in here and I wish to congratulate the entire Commission. Carolyn Mascolo: Carolyn Mascolo,.-.-_President of.-H.�thgat-lSunflow r Homeowners Association. Ile are adults living in an adult community. The only difference between our community and everyone elses is that we still have that dreaded species of humanity called the children"with us. We do not condemn or condone video arcades and I'm not here to speak to them, I'm here to speak to your Ordinance. The Ordinance is as ridiculous as the fears I hear expressed in this room and elsewhere. I was asked just now, by a lovely lady sitting behind me, why did I come to this City if I don't like it. Well, I came because I was permitted to buy a house which this City permitted to be built. And, as such, I pay taxes and I think I am entitled to as much consideration as anyone else. That is in answer to why I'm here. Your Ordinance discriminates against children, it is that plain and that simple. In this State,16 year olds can drive. As the gentleman reminded us,this is the anniversary of the Marine Corp. Flow many 18 year olds die so that you can sit here and make your ludicrous rules? An 18 year old can fight and die for you but he cannot play a game. A 19 year old can go out and drink, he can get drunk and rob you and rape you and pillage your homes but that's ok but he can't play a game. Now this is ridiculous, it borders on does much else in this City. I will Ordinance is as necessary as you say, is as necessary as every human being to think so, then I will demand that retroactive and include Don Carter's Family Mart. Liquor is served in Don �00= the insane but so say this, if this if this Ordinance in this room seems this Ordinance be Bowling Alley and Carter's, there are 11/10/82 /pm A Tape 6 Carolyn Mascolo: video games in Don Carters, it is a drug trafficking Cont'd. area,which is well known to anyone in this City, and yet I have not heard of one case of rape or pillage for that infernal quarter to play that addictive machine. I have not yet heard,one senior citizen stand and scream to close Don Carters yet they're there every day playing side by side with the very dreaded children they fear. Now if you must have a ruling for one area of this City, then I want that ruling to apply to all areas of this City including mine because I have to put up with Don Carters, Section 8 doesn't unless they choose to. Now, if we're going to be a City for every citizen then let the Ordinance apply to every citizen. If we're going to be a City for every single, solitary type of business let your Ordinances apply to every business. If you cannot play a game near Section 8 then you cannot play a game anywhere else. If there is liquor, you claim, in your Ordinance, you cannot allow children to play that game. Well, there is liquor in Don Carters. I ask you to think very seriously about what you're doing. I have no doubt in my mind it's unconstitutional but it's ludicrous, the ludicrous tears evoked by the mere playing of a computerized game, it's sad. Other than that, your Ordinance probably won't affect us one way or the other but reconsider... Mayor Falck: Please. Carolyn Mascola: ...the age limits. There is no way that you can tell a person who has graduated high school that he isn't old enough to play a video game. Mayor Falck: I said I would clear the hall. This lady was entitled to speak, let's just conduct ourselves accordingly. Jack Gleason: My name is Jack Gleason from Section 8. Mr. Mayor, honorable Council, the previous speakers have covered the techniques of the Ordinance pretty good. There are many ancillary aspects that must be considered when you review a thing like this and You grant it. Now, I'm talking about a hypothetical case which a Rum Runner building... now, wait now, I'm just asking if I can make a suggestion in your reviewing the case. Because these things are important if you're going to grant these things to outsiders. Now, let me give a for instance. In our area, we're a very quiet, senior citizen area, we've gone along with this City all this time. We created a Beautification Committee, we've made this a beautiful City which we are mighty proud of and if we're gonna bring in —now just hear me out a little bit. You bring in a game room to a section like ours, the people that are coming in there are motorcycles, souped up cars... Mayor Falck: Wait just a minute —we're not talking about that, sir. We're talking only about the Ordinance. Jack Gleason: Yes, but, in your consideration of the Ordinance, shouldn't you grant our people a little thought? Shouldn't you know that the people... the techniques of the Ordinance... C/M Disraelly: Kr• Bartram is satisfied with the Ordinance and he's President of your Section. He made the statement earlier - 27 - 11/10/82 /pm r C/M Disraelly: and there is a licensing procedure, if somebody comes Cont'd. in to go into the Village Mall, there will be a public hearing at which time we will discuss that particular item. But, the Mayor wants to be held on this Ordinance only. If they come in, then you can come in at that time, Mr. Gleason. Thank you. Saul Mesinger: Good afternoon. As a resident of Tamarac and a home owner, it is gratifying to know the high degree of responsiveness that the Council has in this matter. I speak as sort of a semi --expert in this field since I visited a game room operated and I found out the difficulties inherent in policing such an operation. There may be some great justification in what the lady said previous, next to the last speaker. It may be quite not fair, perhaps to embody all of these age limitations in the Ordinance and everything. And, I suggest that the policing problem inherent in these operations is very difficult. In the game room that I visited, for just a few minutes during operating hours, I noticed that children were left unattended, that fire doors were barred, that the entrance doors were not guarded... this was during operating hours. And, I suggest, perhaps, that the Ordinance should relate itself to impact effects on the community. And, I think that you have adequately covered that by the very, very stringent footage ... the noise problem, the traffic problem, all have severe effects on the neighboring communities and when they are residential in nature it makes it very difficult. I feel that you have addressed yourselves properly to those requirements. I feel,perhaps, that the Ordinance may run afoul of the law, prior law, when it also restricts age limitations and things of that sort. I think that the whole Ordinance may be jeopardized by this ... I leave that to Mr. Henning to determine. But, I feel that the Ordinance should address itself to the neighborhood impact and in that way, I think you have been very responsive. Mayor Falck: Thank you, very much. Now the only other name I have down here was. Dr. Abbey, I'm going to take him, one other person —end. Dr. Abbey: I'll take a rain check. Albert Young: I'm Albert Young and as you know I wear a number of hats but for today I am representing, Mayor and Council, the Woodlands Homeowners Association who had a meeting of its Board of Directors on Monday. I'm quoting their Resolution: "Please be advised that the Board of Directors of the Woodlands Homeowners Association", by the way that's eight sections,,,by unanimous vote is in fu=_ support of your proposed Ordinance to strictly control the install- ation of the video game recreation area". However, I never saw a copy of the Ordinance until today, and, therefore, I may be able, as Chairman of the Safety Committee there to add the following: I believe that Ray Munitz and these other boys, Bernie Hart and so forth have the right idea. If you could incorporate some of the subjects they have added to the Ordinance, I'm positive that we,at Woodlands, the Homeowners Association, would be very happy. Thank you. - 28 - 11/10/82 /pm Mayor Falck: Now, the public hearing is closed. I did indicate on the Agenda that Council, and I'm asking our City Clerk at this time, to give Council a verbatim that includes all these suggestions so that we can put them all together so that we can at least intelligently consider it. I want to, before I adjourn this session, I just want to thank all of you. You have behaved very well. You have caused me a minimum of problems and I am deeply grateful. We are recessed for the next five minutes. End of Verbatim transcript. 35. Executive Center - Discussion and possible action on: a) Site Plan - Temp. Reso. #2470 b) Landscape Plan c) Water Retention Agreement d) Water and Sewer Developers Agreement e) Acceptance of road right-of-way deed for 40--feet on University Drive - Tem . Reso. #2471 f) Acceptance of 12-foot utility easement - Tem12. Reso. #2472 (to be located on the east side of University Drive, south of Sunflower Shopping Plaza) (Tabled from 10/13/82). SYNOPSIS OF ACTION: a) APPROVED with RESOLUTION NO. R-Va7-,.3 PASSED. conditions, b), c), d), e), and f) RESOLUTION NO. R_ jEa- ��PASSED. APPROVED. RESOLUTION NO .. R . �� a 3 ^PASSED . a) Jon Henning read the Resolution by title. Richard Rubin said the checks are being prepared now and the revisions to the Developers Agreement have ...... ... . already been initialled and he gave 3 checks to the Assistant City Clerk. He said the application is for 1.88 acres to be located in a piece of property zoned Bl on the east side of University Dr. abutting the Sunflower Shopping Center. He said this item was ready for Council two weeks aao but at that time Council was concerned that the service road would be continuous from this property to the property to the south,which was reviewed and resolved at the last meeting. The plan before Council today incorporates that comprehensive service road into its overall site plan. This project has been reviewed by the Planning Commission and approved on 9/15/82 and the Beautification Committee approved it on 9/13/82; On Page 4 of the Developers Agreement there are certain things upon which approval should be subject , Mr. Rubin said: (1) that the developer obtain a permit from DOT for median opening on University Dr. prior to pulling a building permit. (2) Developer to be reminded that there is a limited number of parking spaces and it could create future problems with occupancy. (3) the petitioner has agreed to make a voluntary payment of $5,000 toward a traffic light prior to issuance of the building permit because these funds will not be available until he is ready and receives a construction loan. Richard Rubin said the Water and Sewer Agreement has been signed and initialled at the new rate of $7,500 and he gave this to the Assistant City Clerk along with a check for $7,500 for that item. He said they have just received a check for $244.40 for Drainage Improvements and $3,290.29 for Drainage Retention. _ C/M Disraelly asked Mr. Kramer if he had a sign identifying the building. Mr. Kramer said he would come back on that because right now they were uncertain as to what they were going to do. C/M Disraelly said there should be higher barricades where there are wheel stops for the access road going south. �40-= 11/10/82 /pm C/M Disraelly noted that when the medians are put in they must be backfilled and bahia sodded. Richard Rubin noted this on the plan and it was initialled. C/M Disraelly MOVED APPROVAL of Temp. Reso._#2470 with the developer to obtain a permit from DOT for the median opening on University Dr. prior to receiving a building permit. The developer is to be advised that there is a limited number of parking spaces and could create future problems of occupancy if medical offices go in there. A voluntary contribution of $5,000 toward a new traffic light to be paid prior to the issuance of a building permit and designated the traffic light in front of the hospital. The University Dr. new curbing is to be backfilled and sodded with Bahia grass. That a ;little higher barricade, approved by the City Planner, will be erected to prevent entrance into the reverse swale road. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE b) C/M.Disraelly said the Landscape Plan was reviewed by the Beautification Committee and they could find no problems,and he MOVED the APPROVAL of the Landscape Plan. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE c) V/M Massaro MOVED the APPROVAL of the Water Retention Agreement as submitted, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE d) V/M Massaro MOVED the APPROVAL of the Water and Sewer Agreement, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE e) Jon Henning read the Resolution by title. C/M Disraelly said the City has the Right -of -Way Deed and the sketch indicating where it is and he MOVED the APPROVAL of Temp. Reso. 42471. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE f) Jon Henning read the Resolution by title. C/M Disraelly said the City has a sketch and the utility easement signed by the general partner and he MOVED the ADOPTION of Temp. Reso. #2472. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 39. Swanson West - Discussion and possible action on: a) Site Plan - Temp. Reso. #2512 b) Landscape Plan c) Water and Sewer Developers Agreement d) Water Retention Agreement e) Acceptance of an Access. Easement for ingress/egress - Temp. Reso. 42513. f) Acceptance of a Utility Easement for a Fire Hydrant - Tea. Reso. #2514. (to be located on the northwest corner of Commercial Boulevard and NW 84th Terrace). SYNOPSIS OF ACTION: a) APPROVED RESOLUTION NO. R_:: � 3a 9 PASSED. with conditions, b) APPROVED, c) RESOLUTION NO. _PASSED. APPROVED with conditions, d), e), RESOLUTION NO. R- A, PASSED. and f) APPROVED. - 30 - 11/10/82 /pm L a) Jon Henning read the Resolution by that the checks had been submitted $2,345.00 - Drainage Retention 174.20 - Drainage Improvement 3,750.00 - Water and Sewer fees title and the City Planner indicated _ to the Assistant City Clerk: Richard Rubin said the property is zoned Bl and is 1.34 acres of land located in the northeast corner of Commercial Blvd. and NW 84 Terr. He said the project has been reviewed by the Planning Commission and the Beautification Committee and both have recommended approval with a condition that has already been resolved and that was the roadway on 84th Terr., the driveway, is not indicated now. He said there is a limited number of parking areas and if an extensive use goes in here the applicant should be well aware -of -the fact that he could be creating a parking problem which could result in not receiving the CO for the last. bay. V/M Massaro said the applicant must bear in mind -as this progresses that if the occupancy increases the amount of ERCs that the building will require,the applicant cannot proceed until such time as a new agreement is entered into with the City and the Engineering Department will be monitoring that. She said if it should exceed 10 ERCs the applicant will be required to pay an extra $500 fee for Engineering review because they are only submitting a shell of a plan until such time as they know what will be sublet. C/M Disraelly asked if they anticipate any medical offices in there and Gene Lozano, Engineer for the applicant, said no. C/M Disraelly said if they do, then there would be a problem and he would again request that the median on 57th St. be backfilled and sodded with bahia grass. Ray Munitz said there is a terrible drainage problem at the corner of 57th St. and 84th Terr. and he asked if this were taken into consider- ation with the drainage problems of this project. V/M Massaro said 57th St. is a problem and should be tied into the Commercial Blvd. drainage. Gene Lozano said --this is--a-total ons to retention system with an over- flow system to Commercial Blvd. He said if they come with public right- of-way water through this retention system it is running public water onto a private site which is against Florida and national law. V/M Massaro said a positive line could be run through there. Mr. Lozano said their system could not physically take this and V/M Massaro said then this should be a separate line. Larry Keating, the City Engineer, said the drainage addresses the site proper only and what needs to be done is that a catch basin should be installed at the southeast corner of 57th St. and the culvert connected to the existing culvert at the northeast corner of Commercial Blvd. Gene --Lozano said he would have to check with the County since they had to get a permit to tie their private system in there. V/M Massaro said the City will have no problem with this. The City Engineer said if Council wants to include this in their motion, rather than be specific as to exactly how it is done, they could indicate only that a catch basin should be installed at the southeast corner. V/M Massaro pointed out that if the County does not want them to come directly into Commercial Blvd. with a positive drainage line, it is going to change what is done inside the applicant's property because he has already indicated that their system will not take anything more. She said this means that the internal system has to be changed then. Mr. Lozano said public water cannot be flowed onto private sites and V/M Massaro said DOT has already told the City as long as there is an easement it can be done. - 31 - 11/10/82 /pm V/M Massaro suggested that Mr. Lozano -_allow the City to get the approval for this from the County for permission to run --.his type of a drainage line from that corner of 57th and 84th to Commercial Blvd. V/M Massaro MOVED the APPROVAL of this site plan subject to the catch basin being installed on 57th St. and a positive line being installed to the system on Commercial Blvd. Failing to be able to get proper permission for this from Broward County, the drainage system will have to be reevaluated by the engineer, and approved by the City Engineer. This APPROVAL is for Temp. Reso. #2512 and subject to the median being backfilled and sodded with bahia grass. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) C/M Disraelly said the Beautification Committee approved the Landscape Plan on 9/13/82 and he MOVED that the Landscape Plan revised 10/12/82 be APPROVED incorporating the changes the Beautification Committee -requested. SECONDED by C/M Krantz. Tape VOTE: 7 ALL VOTED AYE c) Richard Rubin said he would ask Council to approve this Water and Sewer Agreement with the condition that no permit can be issued until this is received. C/M Disraelly MOVED to ACCEPT the Water and Sewer Developers Agreement subject to the mortgage holder's fully executed agreement which will have to follow and the fees have been paid. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE d) V/M Massaro MOVED the APPROVAL of the Water Retention Agreement, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE e) Jon Henning read the Resolution by title and V/M Massaro MOVED the ADOPTION of Temp. Reso. #2513, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE f) Jon Henning read the Resolution by title and C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2514, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 21. M_cNab Plaza North (Sheppard_Plaza) -- Discussion and possible action on Amendment No. 2 to the Water and Sewer Developers Agreement. SYNOPSIS OF ACTION: APPROVED with receipt of check for $1,312.50. (See Page 12) The applicant submitted a check in the amount of $1,312.50 for fees and V/M Massaro MOVED the APPROVAL of the Water and Sewer Agreement for McNab Plaza North, an amendment to the original amendment, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 25. Edgewater Village - Model. Sales Facility - Discussion and possible action to approve renewal of a model sales permit and waiver of the 150-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: APPROVED for 6 months from 9/12/82 to expire 3/12/83. V/M Massaro MOVED the APPROVAL of the model sales facility since they have paid the back fees of $1,800. The permit will be extended for a -- 32 - 11/10/82 /pm A � r � 6 month period from 9/12/82 to 3/12/83. VOTE: ALL VOTED AYE SECONDED by C/M Krantz. 26. Isles of Tamarac - Model Sales Facility - Discussion and possible action to approve renewal of a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: TABLED. The City Clerk is to advise them they must submit their fees and the City Attorney is to write a letter. C/M Disraelly said there is no letter of request for renewal and the fees have not been paid, therefore, he MOVED to TABLE and have the City Clerk advise them that if the fees are not paid by the next meeting, they will be closed..... V/M Massaro said a letter should be sent. bythe City..Attorney VOTE: ALL VOTED AYE 27. Southgate Gardens East/Mission Lakes - Model Sales Facility - Discussion and possible action to approve renewal of a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: APPROVED waiver and permit for 6 months from 11/13/82. V/M Massaro MOVED the APPROVAL of the renewal of the model sales permit for Mission Lakes for a period of 6 months from 11/13/82. SECONDED by C/M Krantz. V M Massaro also included --the waver in the -MOTION. ALL VOTED AYE 28. Woodmont Tracts 68/77 - Model Sales Facility - Discussion and possible action to approve renewal of a model sales permit and waiver of the 300-foot distance requirement for the certificates of occupancy. SYNOPSIS OF ACTION: APPROVED for 6 months from 11/13/82. C/M Disraelly MOVED the APPROVAL for 6 months for Tract 68/77 from 11/13/82. SECONDED by C/M Krantz. 11tialm ALL VOTED AYE 29. Woodmont Tract 70 - Model Sales Facility - Discussion and possible action to approve renewal of a model sales permit and waiver of the 150-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: TABLED. The City Clerk is to notify them of fees due. C/M Disraelly said this permit expired last week and since it is first notification, the City Clerk should do so. V/M Massaro MOVED to TABLE, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE - 33 - 11/10/82 /pm 30. Woodmont Tract 71 - Model Sales Facility - Discussion and possible action to approve renewal of a model sales permit and waiver of the 150-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: APPROVED for 6 month period beginning 11/12/82. Applicant to be notified that fee of $150 is for a 6 month period. C/M Disraelly MOVED the APPROVAL of Woodmont Tract 71 for a 6 month extension beginning 11/12/82. SECONDED by V/M Massaro and she asked to have included that the letter that is sent to them include the statement that their request was in error in that the fee of $150 is for a 6 month period. VOTE: ALL VOTED AYE 32. Woodmont Tract 72B - Bond Release - Tem . Reso. #2516 - Discussion and possible action to release a warranty bond posted for public improvements. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R - ��-- 7j/� PASSED. C/M Disraelly read the Resolution by title and V/M Massaro MOVED the ADOPTION of Temp Reso. #2516 releasing the warranty bond for Montwood, Inc. for public improvements on Tract 72B. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 33. Woodmont Tract 49 - Bond Release -- Temp. Reso. #2517 - Discussion and possible action to release a warranty bond posted for public improvements. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R- PASSED. C/M Disraelly read the Resolution by title and V/M Massaro said, Montwood, Inc. is simply in the business of -selling their land and they are not developers. She said they have,from time to time, taken certain lots off - their Developers Agreement and assigned them to someone else and after speaking with Mr. Epple, she informed him that when he takes and transfers lots from his original agreement and has an assignment to these people, that does not necessisarily mean that he has relieved himself of the responsibility for the guaranteed revenues. C/M Disraelly suggested informing the City Attorney of this,since he was not present during this discussion, and this is very important as he is writing this agreement and this is an important part. V/M Massaro said she would inform the City Attorney of her comments and she MOVED APPROVAL of Temp. Reso. 42517, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 40. Drainage Improvements in the City - Discussion and possible action. SYNOPSIS OF ACTION: Reports by V/M Massaro and Ci +tv Mana..crpr.. V/M Massaro said they are working in Mainlands 7. Mayor Falck said regarding Sunflower/Heathgate, the communications that the City has received, either as part of the suit or otherwise, ties in all sides and he will send information to Alan Ruf for his review. V/M Massaro said there is no way the City can do anything further in these particular areas until they are willing to give the necessary easements to the City without costs attached to them. - 34 - 11/10/82 /pm The City Manager said at one of the Council meetings in October, Council approved final payment in the approximate amount of $150,000 for work that was done on drainage modifications for Sunflower/Heathgate. V/M Massaro said the City has done all they can do in the public right- of-way because they have refused to give the City the necessary easements to do anything more. The City Manager said she sent to Council copies of a memo from Ralph Thissen indicating certain areas where there was some drainage problems during the heavy rains in the last couple of days. She said in a number of these instances there may be clogged drains creating the major problem but both Ralph and Larry Keating have expressed some concern about Lagos de Campo. She said she has authorized them to take care of certain clogged drains. 44. Tamarac Utilities West - Emergency Re airs - Walkway Repairs - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 2). APPROVED for an amount not to exceed $3,000. V/M Massaro said this has been discussed by the City Manager, City Engineer and herself for some time and they have decided to use the same type of grating that is there now except that it would be aluminum and they have a telephone quote which will be confirmed by mail. She said this would be f.o.b. Tamarac and delivery.wi.thin 2. ............. weeks at a cost of $2,513 and then there will be a cost of approximately $300 for the installation of shims so that this grating will fit in with the present structural members that are there now. The City Engineer is, therefore, asking for an approval not to exceed $3,000 for the aluminum gratings needed for the surge tank and she MOVED that it be APPROVED, SECONDED by C/M Krantz. VOTE: 46. Interlocal . Reso. #2522 SYNOPSIS OF APPROVED and the check to ALL VOTED AYE greement Between Tamarac and Broward County - Temp. - Discussion and possible action. ACTION: Agendized the City Attorney the County. by Consent. RESOLUTION NO. R _!f,2 - 3 3 3 PASSED. is to send Jon Henning asked to have Agendized by Consent action concerning approving an Interlocal Agreement between Tamarac and Broward County. C/M Disraelly MOVED to Agendize by Consent discussion and possible action on Temp. Reso. #2522, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE Jon Henning read the Resolution by title and said at a public hearing, which was the first reading of the 201 Proposal of Broward County, on 8/19/82 the Broward County Commission unanimously approved the proposals of Tamarac to amend the program pertaining to irrigation and all the other ramifications of that proposal. He said, in light of that suggestion, there was a necessity of amending and rewriting a portion of the 201 Program and that was recommended and agreed to be done by the County's Consulting Engineers and as part of the City's proposal, it was agreed that the City would underwrite the fee for that rewrite. Mr. Henning said he assumes from this arrangement that the County is paying them for the rewrite and the City of Tamarac is reimbursing the County. He said the check has already been cut and this contract is just for this and is not an ongoing arrangement. - 35 - 11./10/82 /pm C/M Disraelly said the funding will come from the General Fund of the Utility. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2522 and authorize the City Attorney to send the check to the County. SECONDED by C/M Disraelly. VnTF: ALL VOTED AYE 47. Bill for Linton Lovett, Special Counsel for 201 Program - Dis- cussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. APPROVED invoice for services from 9/20 to 11/8 in the amount of $3,675 with funds to come from the Utilities General Fund. V/M Massaro MOVED to Agendize for discussion and possible action,the bill for Linton Lovett, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE V/M Massaro MOVED the APPROVAL of the invoice for $3,675 for Linton Lovett for services performed through the period of 9/20 through 11/8, the funds are to come from the Utilities General Fund. SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 41. City Council Reports - C/M Krantz said the Public Information Committee has a new tape on an audio/visual program that they would like Council members to view. It takes approximately 22 minutes and Mr. Bass will arrange a time which is suitable for everyone. C/M Kravitz - No report. C/M Disraelly said at 10:30 a.m. tomorrow there will be proceedings at Veterans Park with a program sponsored by the Veterans Alliance of the City. 48. Trip for Mayor Falck to Los Angeles for National League of Cities Meeting from 11/27 to 12/1 - Disucssion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. APPROVED. Mayor Falck said there has been discussion in the past concerning his attendance at the meeting to be held in Los Angeles for the National League of Cities. He said there are a series of workshops scheduled to discuss senior citizens as well as alternate methods of transportation, which were helpful in getting the second van for the City. He said some other topics of discussion would include local recreation programs, which would also be of help to the City. C/M Disraelly MOVED to Agendize by Consent discussion on authorization of Mayor Falck's trip to Los Angeles to attend the meeting of the National League of Cities from 11/27 to 12/1. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE -- 36 - 11/10/82 /pm C/M Disraelly MOVED that Mayor Falck be authorized,on behalf of the City, to attend the National League of Cities meeting which starts on 11/27 to 12/1, expenses will be within the pervue of the City Ordinance. SECONDED by V/M Massaro. VOTE: 42. Cit Mana er Re ort - ALL VOTED AYE Laura Stuurmans said she received a phone call from Sharon Ellis, Recreation Director, reminding that Tract 27 is a "No -Name Park". She said since this is getting close to opening date, perhaps Council should consider putting this on the Agenda for.discussion. She said there were some memos submitted by Council members with suggestions for names and this could be discussed further at the meeting of 11/24. Laura Stuurmans said Council has received a letter from Treehouse regarding their garbage collection. She said, apparently, the City Clerk has advised her that they are also getting the same request from the original West Southgate Gardens Project. She said Brad Gardner has spoken to her since September about Versailles Gardens garbage collection by way of the City's garbage collection program. She said these are former rental apartments that have now become condominium. She said the last time this was discussed with Mr. Gardner, she felt the matter could be reviewed but the City would not be paying for empty units that have not been sold to private ownership. She said if the Managers of the complexes could provide the City with a list of closed occupied units, then the City would be willing to address when they could start collection. Laura Stuurmans said she raised this question because since there are now three of them before the City for consideration, they could try to make some decision in that regard. She said since the City's garbage contract with BPI predicates a start-up of service, there are two points, the issuance of a CO and two dates, 10/1 and 4/1. She said the COs issued as of 10/1 are billed through the period 10/1 through 4/1, anything that goes in between that period will not start to 4/1. She said these are units that have had COs for -a long time, but are not necessarily bought by individual owners as of yet. She said she does not feel that either the complex or the City should be paying for an empty unit. V/M Massaro said she feels that the City should not be paying for any until it is all sold out because there is no way to keep track of that. She suggested paying for nothing until it is completely owned individually by the tenants. C/M Disraelly said he feels the City Attorney should get involved with this. 41. Council Reports Tape V/M Massaro read into the record a letter she received from Keith and 8 Schnars concerning the signalization on McNab Road and 88th Ave. She said they have requested that the property owners on three of the corners prepare a quit -claim deed in accordance with the easement descriptions and they will then proceed with the final design and installation of this ............. signalization. She said she is going to ask Keith and Schnars to prepare the quit -claim deeds for the owners signatures and between the County and Woodmont, everything will be paid for. The City Manager asked V/M Massaro if she had received the information on the other lights that Woodmont had committed to the County and V/M Massaro said she has a letter from Woodmont indicating the agreements that they have with the County and within the next few days she will get copies of this to Council. She said the problem was that the County's obligation to do any of this would expire in February. - 37 - 11/10/82 /pm 43. City Attorney Report Jon Henning said two days this week he was attending the meetings of the National Institute of Municipal Law Officers at the Hyatt Regency. He said some of the topics included cable TV franchises, video arcades, insurance problems, etc. He said regarding the Executive Airport, he will be sending memos to Council. He said the City has voluntarily delayed that for a couple of months and are trying to get a meeting with Fort Lauderdale and the airport officials. V/M Massaro said at the convention she attended, they brought up for discussion the franchise on cable TV as it relates to private streets and they questioned whether the cities can charge any franchise fee. She said this should be taken into consideration when the City makes the agreements. Jon Henning said they are now starting some groundwork with F & R and he will get more details on this to Council. THE MEETING WAS ADJOURNED AT 4:50 P.M. Y R ATTEST: A SISTANT ITY CLERK This public doc orient was promulgated at a cost of $ , /3 or $ / • J 9. ___ per copy, to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. - 38 - 11/10/82 /Pm APPROVED BY CITY Cl3W010i'4