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HomeMy WebLinkAbout1983-06-22 - City Commission Regular Meeting MinutesOP 11.0. BOX 25010 TAMARAC. FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, JUNE 22,1983 CALL TO ORDER: 9:30 A.M. ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific 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. COMMITTEES AND BOARDS 1. Planning Commission - Discussion and possible action on: a Acceptance of resignation of Alan Stevens b) Announcement of one vacancy on this committee. 2. Welcoming Committee - Announcement of one vacancy on this committee. 3. Announcement of expiration of terms of office for positions on the following boards: Board of Adjustment 2 positions 7/8/83 2 positions 7/16/83 Board for Social. Services 2 positions 7/14/83 If anyone is interested in serving on any of the above boards or committees, please contact the City Clerk's office for an appli- cation. If existing board and committee members desire to be considered for reappointment, please indicate this by memo to the City Clerk's office; however, members will continue to serve until appointments are made by Council. CONSENT AGENDA 4. Items listed under Item #4, Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. There will be no separate dis- cussion of these items. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Minutes of 5/11/83 - Regular Meeting - Approval recommended by City Clerk. b) Minutes of 5/13/83 - Special Meeting - Approval recommended by City Clerk. c) Minutes of 6/2/83 - Special Meeting - Approval recommended by City Clerk. 6/22,Pg. 2 a) Resignation accepted. b) 1 vac.announcec 6/22,Pg.3, 1 vacancy announ 6/22, Pg. 3 Announcement made. 6/22, Pg. 3 APPVD . a) through f),h) and i). g)re- moved for disc and then TABLED for C/Atty.'s ad- vice to appli- cant on Counci.- requirements. PAGE TU10 d) Alan F. Ruf - Consulting City Attorney - 6/17/83 - $2,030.25 Approval recommended by City Attorney. e) Shailer, Purdy & Jolly - Counsel for contraband forfeitures - Services for May, 1983 - $165.41 - Approval recommended by City Attorney. f) Mid South Engineering Company - Services concerning N. W. 26 Terrace - $956.55 - Approval recommended by City Attorney. g) 3 Lakes Plaza (Central Plaza) Model Sales Facility - Approval to extend the tabling action to the meeting of 7/13/83. h) Woodmont Tract 70 - Model Sales Facility tabled from 4/27/83 Approval to remove this item from the agenda as the model is closed. i) Acknowledgment of a public address system speaker donated by Mr. Nat Scolnick. GENERAL ADMINISTRATIVE/FINANCIAL 5. Revenue Sharing Funds - Temp. Reso. #2748 - Discussion and 6/22,Pg. 4 possible action to authorize wire transfers of Revenue APPVD. wire Sharing Funds. transfers. 6/.22,Pg.5 6. Bid Award - Tamarac Park - Temp. Reso. #2749 - Discussion and APPVD. award tc possible action to award a bid for chain ink fencing Century Fence bordering the ball field. $3,305.00. 7. Bid Award - Utilities West - Temp. Reso. #2750 - Discussion 6/22,Pg.5, and possible action to award a bid for the excavation and APPVD. to Lyni stockpiling of lime sludge. Ro.C/Atty.to 8. computer System - Finance Department - Discussion and clarify. 6 22,Pg.6 possible action to approve the purchase of an upgraded Central TABLED to mtg Processing Unit from Microdata Corp. as a sole source expendi 7/13/83. ture from the Capital Reserve Fund. 6/22,pg.1, 9. Williams, Hatfield & Stoner, Inc. - Consulting Engineer - TABLED to mtg. of 7/13/83 foi Temp. Reso. 7 - Discussion and possible action to approve further info. a revised ee sc edule (tabled from 6/8/83). from W.K.&St. 10. Pension Board - Discussion and possible action to appoint an 6/22,Pg.1, TABLED to mtg. administrative Trustee (tabled from 6/8/83). of 7/13/83. 11. Tamarac Wildlife Preserve - Temp. Reso. #2751 - Discussion 6/22,Pg.5,Referred to and possible action to authorize execution o an agreement C/Atty and with the Florida Department of Natural Resources accepting Finance Dept. a grant. for determina, 12. Ni ht Council Meetings - Discussion and possible action to 6/22,Pgs.9-12, 1st mtgs.in hold one Council meeting a month at night. Sept.& Oct. tc 13. Max Blum - Presentation by this resident of a request relatinghrs.setby be at night; May, tom amount of refund to him under the PSC order. Discus- 6/22,Pg. 5, sion and possible action. Referred to 14. Broward League of _Cities - Discussion and possible action. C/Atty. and Finance-Del2t. LEGAL AFFAIRS 6/22,Pg. 19 _Report.by May. APPVD. on Firs 15. Handicapped Parking Fine - Tem . Ord. #1048 - Discussion and possible action to amend Chapter 15 of t e Code to establish Reading. a fine for parking illegally in a space reserved for handi- capped parking. First Reading. PAGE THREE PUBLIC HEARINGS - 2:00 P.M. 16. Regional Transportation Improvement Fee - Temp. Ord. #1049 - 6/22,Pg. 22 Discussion and possible action to amend Chapter 23 of the TABLED for Code to establish a Street and Traffic Signalization Impact research by Fee based on dwelling units planned in excess allowed by C/Atty• current zoning. Second Reading. 17. Robert C. Sullivan- Special Exce tion Petition #6--Z-83 - 6/22,Pg.22 Temp. Reso. 75 - Discussion and possible action to grant APPROVED a special excep on to allow a dry cleaning establishment for direct customer service at Shops of Tamarac, 8521 W. McNab Road, which is zoned B-1 (Neighborhood Business). 18. Robert C. Sullivan - Special Exception Pet ition #7-Z-83 - 6/22,Pg.23, Temp. Reso. 753- Discussion anpossible action to grant APPVD. with a special exception to allow a launderette to operate at conditions Shops of Tamarac, 8521 W. McNab Road, which is zoned B-1 (Neighborhood Business). 19. Fish Kettle, Inc. (Kurt and Carmen Seiler) - Special Exception Petition #8-Z-83 - Temp Reso. #2754 - Discussion and possible action to grant a special exception to allow a delicatessen in conjunction with a proposed seafood market to be located at Family Mart Shopping Plaza, 7112 N. University Drive, which is zoned B-2 (Planned Community Business). COMMUNITY DEVELOPMENT 20. Woodmont Tracts 74/75 -- Discussion and possible action on: a Waiver of the provisions of the sign ordinance to allow a temporary community directional sign on the east side of University Drive opposite N.W. 78 Street - Temp. Reso. #2633 (tabled from 3/23/83). b) Renewal of a model sales permit in connection with Site Plan No. 1 and Site Plan No. 3. c) Renewal of a model sales permit in connection with Site Plan No. 2 and waiver of the 300-foot distance requirement for certificates of occupancy. 21. Ashmont/Kin s Point - Discussion and possible action on: a -Approval of a revised site plan for reduction of units and change of product - Temp. Reso. #2755. b) Approval of a revised Water and Sewer Developers Agreement c) Release of two performance bonds posted for water distri- bution and sewage collection improvements subject to receipt of one-year warranty bonds - Tem Reso. #2756. d) Acceptance of a Bill of Sale for water distribution and sewage collection system improvements - Temp. Reso. #2757. e) Renewal of a model sales permit for the use of a aci ity at another location. 22. Kin s Point Professional Plaza - Bond Release - Temp. Reso. # - Discussion and possible action to release a bond posted to guarantee the installation of landscaping (tabled from 5/25/83). 23 -)/22,Pg. 24, =VD. i/22,Pg.17 ()APPROVED with cond. 7 ) and c) kPPROVED i/22,Pgs.24-2 a) ,c) ,d) . .. and e) APPVD b) REMOVED FROM AGENDA /22,Pg. 26 APPROVED Tamarac Gardens - Model Sales Facility - Discussion and possible 6/22,Pg.26 action to renew a mode sa es permit. (APPROVED 24_ Golfview Plaza - Temp. Reso. #2759 - Discussion and possible action to aut orize execution of Tri-Party Agreement with Broward County and Executive Golf Apartment, Inc., regarding development of this project. 6/22,Pgs.15 16. TABLED PAGE FOUR 25. Woodmont Road Right -of -Wad Vacations - Discussion and possibl action on a request for partial of fees (from 5/11/83 meeting. 26. Tamarac Town Square - Revised Site Plan - Temp #2734 - Discussion and possible action to approve a revised site plan for an exterior refrigerator (tabled from 5/25/83). 27. Woodmont Tract 64 (La Foret) and Tract 70 (La Reserve) - Model Sales Facility - Discussion and possible action to renew a permit for a model sales facility for use by both projects. 28. Woodmont Tract 54 (Pines III) - Model Sales Facilit /22,Pg. 12 PPVD.subject o rev.Devel. eview Status heet #4 6/22,Pg.26 PPROVED Discussion and possible action to renew a permit for the use of a model sales facility at another location. 29. Mission Lakes (Southgate Gardens East) - Discussion and possible action to approve a revise landscape plan. 6/22,Pg• 28, PPVD.w Cond. 30. Woodview Tract 38 - Model Sales Facility - Discussion and 6/22,Pg•26 possible action to renew a model sales permit. TABLED to mtg 7/13/84. 6/22,Pg.13-14 31. Fountain Apartments - Sign Waiver - Temp. Reso. #2758 - Discussion and possible action to waive t e provisions of the sign ordinance for an over -sized ground sign at 6175 N. W. 57 Street. APPVD.SUb.to APPVL.of Beaut . Cornm . 6/22,Pgs.14-1 32. Edgewater Village - Model Sales Facility - Discussion and possible action to extend the 150-foot distance waiver for certificates of occupancy to permit operation of a sales office next door to an occupied unit. PPVD.permit- ting deve ope to sell 11/2 o duplex & use other 1/2 for sales office. 33. Drainage Improvements in the City - Discussion and possible 6/22,Pg.30 action. New Ord.going before Plan. REPORTS Comm. & Counc 34, City Council 6/22,Pgs.33-3, Reports given 35. City Manager 36. City Attorney 6 22,Pg.33 City Council may consider such other business as may come before Report given. 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 Counci. 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 based. CITY OF TAMARAC Carol A. Evans Assistant City Clerk SPECIAL MEETING There will be a special meeting on Wednesday, June 29, 1983 at 10:00 A.M. in Council Chambers for the purpose of conducting architect interviews for the proposed municipal complex. PAGE FIVE 37. Pro osed 4% Gas Tax - Discussion and possible 6/22,Pg. 1 action Agen. by Consen Pgs. 30-33, Council will take no public position. 38. School Sidewalk installation - Discussion and 6/22,Pg. 2 possible action on sidewalk installation on Agen. by Consen- Southgate Boulevard between University Drive Pg. 28,Auth. to and Pine Island Road. C/Mgr. to de- velop project. V/Mayor to con- tinue negotns. 39. Proposed Amendment to Chapter 4 of the Code Con- 6/22, Pg. 2 cerning Feeding of Wild Animals - Temp. Ord. #1051. Agen. by Consen- Discussion and possible action - First Reading. Pg. 27,28 APPVD, on First Reading. 40. Jack LaLanne Health Studio - Special Exception/ 6/22,Pg. 2 Limited Parkin Waiver - Discussion and possible Agend. by Consei action to approve expansion and grant permission Pgs. 26, 27 to do the necessary work. APPVD. 41. Green Kroll/Woodmont Tract 71 Building Permits and 6/22,Pg. 2 Guaranteed Revenue - Discussion and possible action Agend. by ConsEn to release two building permits. Pgs. 16-17 APPVD. w/Cond. CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING JUNE 22, 1983 Tape CALL TO ORDER: Mayor Walter W. Falck called the meeting to order on 1 Wednesday, June 22, 1983 at 9:30 A.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro Councilman Philip B. Kravitz Councilman David E. Krantz Councilman Jack Stelzer ALSO PRESENT: Acting City Manager, Steve Wood City Attorney, Jon M. Henning Assistant City Clerk, Carol A. Evans Secretary, Roslyn Brauner MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck greeted everyone present and announced the time schedule. 37. Proposed 4% Gas Tax. SYNOPSIS OF ACTION: Agendized by "onsent (See Pages 30-33) . V/M Massaro MOVED to Agendize by Consent, the proposed 4% gas tax. SECONDED by C/M Krantz. GENERAL ADMINISTRATIVE/FINANCIAL 9. Williams, Hatfield & Stoner, Inc., Consulting Engineer - Temp. Reso. #2741 - Discussion and possible action to approve a revised fee schedule. SYNOPSIS OF ACTION: TABLED to meeting of July 13, 1983 for additional information from Rilliams, Hatfield & Stoner,Inc. Mayor Falck suggested that Council table this item so that the detail just received yesterday can be reviewed. City Attorney Jon Henning advised that he just received a phone call from Tony Nolan requesting he be advised of the progress of this item; and Mr. Henning felt if Tony Nolan were present, it would be helpful to Council. C/M Krantz MOVED to table this item to the meeting of July 13, 1983. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 10. Pension Board - Discussion and possible action to appoint an Administrative Trustee (tabled from June 8, 1983). SYNOPSIS OF ACTION: TABLED to meeting of July 13, 1983 for City Manager's recommendation. Mayor Falck suggested that Council table this item to the June 13th meeting as the City Manager's recommendation has not yet been received. -1- 6/22/83 /rb C/M Krantz MOVED to table this item to the June 13, 1983 meeting. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 38. School Sidewalk Installation - Discussion and possible action on sidewalk installation on Southgate Boulevard between University Drive and Pine Island Road. SYNOPSIS OF ACTION: Agendized By Consent. See Page 28). C/M Kravitz MOVED to Agendize this item by Consent. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 39. Pro osed Amendment to Cha ter 4 of the Code Concerning Feeding of Wild Animals - Temp. Ord. #1051. First Reading. SYNOPSIS OF ACTION: Agendized by Consent (See Pages 27 & 28). C/M Kravitz MOVED to Agendize this item by Consent. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 40. Jack LaLanne Health Studio -- Special Exception/Limited Parking Waiver - Discussion and possible action to approve expansion and grant permission to do the necessary work. SYNOPSIS OF ACTION: Agendized by Consent (See 'Pages 26 & 27). V/M Massaro stated that Jack LaLanne has paid the fee and since there is no problem, she would MOVE to Agendize this item by Consent. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 41. Green Kroll/Woodmont Tract 71 - Building Permits and Guaranteed Revenue - Discussion and possible action to release two building permits. SYNOPSIS OF ACTION: Agendized by Consent (See Pages 16 and 17). V/M Massaro stated that these building permits have been held up pending payment of the balance of $43,000.00 due in guaranteed revenues, and she MOVED to Agendize this matter by Consent. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE BOARDS AND COMMITTEES 1. Planning Commission -- Discussion and possible action on: a) Acceptance of resignation of Alan Stevens. b) Announcement of one vacancy on this committee. SYNOPSIS OF ACTION: a) Resignation of Alan Stevens accepted. b) One vacancy announced. IWZ 6/22/83 /rb a) V/M Massaro MOVED to accept the resignation of Alan Stevens. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) Mayor Falck announced that there is one vacancy on the Planning Commission and he asked that Council consider a replacement for Mr. Stevens at either the next meeting or the one following that. C/M Krantz inquired whether this replacement would be for an alternate and Mayor Falck said that it would. 2. welcomina Committee -- Announcement of one vacancy on this committee. SYNOPSIS OF ACTION: One vacancy announced. C/M Kravitz said that due to the unfortunate death of a member of this committee, there is a vacancy. He suggested that the appointment be made at the next regular meeting. 3. Announcement of terms of office for positions on the following Boards: Board of ^Adjustment 2 Positions 2 Positions Board for Social Services 2 Positions SYNOPSIS OF ACTION: Announcement made. 7/8/83 7/16/83 7/14/83 Mayor Falck suggested these openings be considered at the next meeting. 4. Consent Agenda a) Minutes of 5/11/83 - Regular Meeting - Approval recommended by City Clerk. b) Minutes of 5/13/83 - Special Meeting - Approval recommended by City Clerk. c) Minutes of 6/2/83 - Special Meeting - Approval recommended by City Clerk. d) Alan F. Ruf - Consulting City Attorney - 6/17/83 - $2,030.25 - Approval recommended by City Attorney. e) Shailer, Purdy & Jolly -- Counsel for contraband forfeitures -- Services for May, 1983 -- $165.41 - Approval recommended by City Attorney. f) Mid South Engineering Company -- Services concerning N.W. 26th Terrace - $956.55 - Approval recommended by City Attorney. g) 3 Lakes Plaza (Central Plaza) - Model Sales Facility - Approval to extend the tabling action to the meeting of 7/13/83. h) Woodmont Tract 70 -- Model Sales Facility tabled from 4/27/83 - Approval to remove this item from the agenda as the model is closet i) Acknowledgment of a public address system speaker donated by Mr. Nat Scolnick. SYNOPSIS OF ACTION: APPROVED Items a) through f ) , h ) and i ) . g) removed for discussion and then TABLED for City Attorney's advice to applicant of Council's requirements. V/M Massaro said she would like to remove Item g) for discussion. C/M Kravitz MOVED that we APPROVE Items a)through f),h and i) and remove Item g) for discussion. SECONDED by C/M Krantz. -3- 6/22/83 /rb Mayor Falck said that with regard to Item i), he received a note yesterday advising that Mr.Scolnick's daughter and son-in-law, Tom and Sherry Romano are donating an amplifier in addition to the equipment contributed by Mr. Scolnick. The Mayor expressed his appreciation to these individuals and said that written acknowledg- ments would be sent to them by the proper persons in the City. VOTE: ALL VOTED AYE g) V/M Massaro said that she has no objection to the tabling of Item g) to July 13th, but she would like the City to send a letter -co the owner of 3 Lakes Plaza, advising that the action is tabled on the model sales permit pending their report and payment of fees for engineering and if this is not done by July 13, 1983, the permit will be withdrawn, thereby closing the model sales facility. V/M Massaro then MOVED to table this item to the July 13, 1983 meeting, with the understanding that the proper letter will be sent to the applicant by the City Attorney. SECONDED by C/M Stelzer. VOTE ALL VOTED AYE GENERAL ADMINISTRATIVE/FINANCIAL 5. Revenue Sharing Funds - Tem . Reso. #2748 - Discussion and possible action to authorize wire transfers of Revenue Sharing Funds.. SYNOPSIS OF ACTION: APPROVED wire RESOLUTION NO. R-83- /�,j!�/ PASSED transfers. City Attorney Jon Henning read the Resolution by title and Steve Wood stated that the use of wire transfers allows the City to use the money and earn interest on it sooner than if a check had to be mailed, and that the cost of the wire service is more than offset by the additional interest the City earns during the period. V/M Massaro questioned Steve Wood about what the fees would be for these wire transfers and Mr. Wood said it is usually somewhere between $10.00 and $20.00. V/M Massaro MOVED adoption of Temp. Reso. #2748. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 6. Bid Award - Tamarac Park - Temp. Reso. #2749 - Discussion and possible action to award a bid for chain link fencing bordering the ball field. SYNOPSIS OF ACTION: APPROVED awarding of bid to Century Fence for $3,305.00. RESOLUTION NO. R-83ne�PASSED City Attorney Jon Henning read the Resolution by title and V/M Massaro stated that the low bid on this fence is from Century Fence for $3,305.00. V/M Massaro asked what aluminum fencing was and Mayor Falck said they are using aluminum in place of galvanized fencing to prevent rusting in areas that are gusceptible.to salt air exposure. C/M Krantz said the fencing is aluminum with anodizing to prevent oxidation. V/M Massaro then MOVED adoption of Temp. Reso. #2749 and that the bid be awarded to Century Fence in the amount of $3,305.00. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE =0 6/22/83 /rb 7. Bid Award - Utilities West - and possible action to award stockpiling of lime sludge. SYNOPSIS OF ACTION: APPROVED award of bid to Lynn Ro, Inc., with letter to be sent by City Attorney clarifying our interpretation of bid package. Temp. Reso. #2750 - Discussion a bid for the excavation and RESOLUTION NO. R-83::ZS- PASSED City Attorney Jon Henning read the Resolution by title and Larry Keating said that we received only one bid which came from Lynn Ro, Inc. for a cost to the City averaging $30.00 to $35.00 per hour. He said that last year they did a very good job for the City and when the City's cost was compared to Broward County's cost, it was found that the County averaged $80.00 per hour. V/M Massaro MOVED to adopt Temp. Reso. #2750, awarding the bid for the excavation and stockpiling of lime sludge to Lynn Ro, Inc. in the amount of $13,500.0.0 for the first year, $14,000.00 for the second year and $14,500.00 for the third year; and that the City Attorney send a letter of clarification to Lynn .Ro , Inc.,stating the City's interpretation of the last sentence of the bid package, as to continuation of the contract. SECONDED by C/M Krantz. ►t01162 1 ALL VOTED AYE 13., Tamarac Wildlife Preserve - Temp. Reso. #2751 - Discussion and possible action to authorize execution of an agreement with the Florida Department of Natural Resources accepting a grant. SYNOPSIS OF ACTION: APPROVED as RESOLUTION NO. R-83- PASSED amended. City Attorney Jon Henning read the Resolution by title and C/M Krantz said that the amount of the grant should be made part of the Resolution. V/M Massaro said that the City agrees to match or contribute $15,734.00 to the grant of $31,466.00 in cash or in -kind labor and MOVED adootion of Tem Reso. #2751 as amended to include the amount of the grant. SECONDED by C/M Krantz. 13. Max Blum - Presentation by this resident of a request relating to the amount of refund to him under the PSC order. Discussion and possible action. >YNOPSIS OF ACTION: Referred to Tity Attorney and Finance Department for determination. Mr. Blum stated that in 1972 he purchased a house at 7700 N.W. 75th Avenue, and approximately a month later he received his first water bill for over $90,00, which he felt was too high. He contacted the utility company and they checked the meter and notified him that all the model homes, as well as his own, were getting their water through his meter as his house was the first one on the lot. At that time his bill was adjusted and his meter disconnected from the other homes. Mr. Blum said that in 1979 when the utility company was taken over by the City of Tamarac, refunds were made in December of 1980, to many of the residents, in the amount of approximately $350.00, but his was for only $150.00; and 'when he inquired about it, he was told by the utility company that his house was served by a 1-inch meter whereas his neighbors' homes were served by a 5/8 inch meter and he therefore was not entitled to a full refund. -5- 6/22/83 /rb Mr. Blum said that he had never inquired about the size of his meter as his bills were in line with those of his neighbors. Upon his re- quest, at that time his meter was changed from the one -inch to the 5/8 inch size. Mr. Blum said he feels he is entitled to a full refund since he was never informed of the facts and was in no way responsible for the size of the meter serving his home. Mayor Falck said that he feels this is a legal matter as the refund settlement was developed by the Public Service Commission and not the City of Tamarac. He explained that when the City of Tamarac took over the utility company, the matter of modifications in the refund settle- ment agreement was explored and it was learned that the City had no right to make any changes. The schedule of rates for the different size meters had already been formulated and was in operation. The Mayor said that as Mr. Blum had a different size meter he would have benefited from the rate that applied, which was lower than for the individuals with the other size meter; and if the City were to change the schedule they would be doing so arbitrarily and subjected to a. ruling by the Public Service Commission. Mr. Blum stated he felt his case was lumped together with others and compared with homes in the Woodlands area which are larger, have larger pools, surface areas and sprinkler systems. Since the PSC never informed him that he was placed in that category, he feels he is denied his rights as he was not made aware that he had the one -inch meter. He said that when people purchase homes they take it for granted that the builder places the proper size meter in the ground just as they would place the proper wiring inside the house. V/M Massaro said she feels the PSC never intended to take each case individually and that is why they took the position they did when making these refunds; and the City is not in a position to make changes in the ruling of the PSC as that would create a destructive situation. She said this program has gone along well and that Council should not do anything to jeopardize the City's position. C/M Stelzer explained that prior to March of 1975, the people who had one -inch meters were charged a higher rate than those with 5/8-inch meters. In March 1975 when the utility company asked for an increase in rates, they made all the sewer rates the same. The principal amount of the refunds was based on sewer rates. At that time, the 5/8-inch meters were increased by $7.00 and the one -inch by $3.00. When the PSC terminated the interim rate structure and returned to the 1975 structure, refunds were given for excess payments made in 47 months, and therefore, the refunds were in line with the overcharge. C/M Stelzer said that Mr. Blum's havina a one -inch meter instead of a 5/8-inch meter is not the City's fault,_ The meters were put in long before the City came into the picture. Mr. Henning said he is not in a position to recommend authorization of a refund to Mr. Blum at this time as he does not have all the facts but that if Council wishes, he could coordinate with the Finance Department to make a judgment. Mayor Falck said he is in favor of that and V/M Massaro agreed that Council must follow the requirements of the PSC and she feels that the matter should be interpreted by the City Attorney and the Finance Department, and she so MOVED. SECONDED by C/M Krantz.. VOTE: ALL VOTED AYE 'ape 8. Computer System - Finance Department - Discussion and possible 2 action to approve the purchase of an upgraded Central Processing Unit from Microdata Corp. as a sole source expenditure from the Capital Reserve Fund. SYNOPSIS OF ACTION: TABLED to meeting of July 13, 1983 for meeting between C/M Kravitz, C/M Stelzer and Finance Director. �6- 6/22/83 /rb Steve Wood said that he sent two memorandums to the City Manager which were transmitted to Council, and at this time he would like to talk about the financial consequences of not upgrading the Central Processing Unit. In that event, the City would have to continue the employment of two Accounting Clerk I positions at Utilities West for purposes of utility billing, the cost of which is approxi- mately $32,000.00 plus benefits per year. In addition, the City would have to upgrade the disc drive as was originally proposed in the five year capital improvement plan, at a cost of $30,000.00. The utility billing would then have to be done after 5:00 P.M. when the system would be more available and more responsive, which would require hiring a D.P. operator to work the night shift at approximately $25,000.00 per year. Mr. Wood explained that the cost for the first year of not upgrading the system would be approximately $92,000.00. The second year would include the continuation of an individual at Fiscal Assistant level or above, to work on developers agreements, at a cost of $6,000.00. The incremental cost for the second year would be $68,000.00. There- fore, the total cost of not upgrading the system for two years would be approximately $160,000.00 and after that $68,000.00 annually. Mr. Wood said it is his feeling that it would be to the Ci.ty`s best interest to upgrade the central processing unit rather than pay the higher costs primarily for labor. V/M Massaro said that the backup of two years ago shows the expenditure' of $150,000.00 would serve the City for the next five to seven years; and also a letter from another source states that it would serve the City for five to ten years. She said perhaps the system needs to be upgraded but before spending the additional money it must be deter'iained whether two years from now another $150,000.00 will need to be spent. She said perhaps we should pursue renting equipment; and all of this must be thoroughly investigated. Perhaps if two people were hired prior to in- stalling the present system, it would not have cost all that money, and now Council, is hearing the same story. She said she feels Council should not make any determination until more complete information is provided. Steve Wood said that the Finance Department is now preparing the budget. - for 1984 and if this acquisition is not made, provisions must be made in the budget for the consequences.. C/M Krantz asked whether the upgrading of the system is an emergency situation; and Mayor Falck explained that Council must make a determination in the reasonably near future, so that this can be in- cluded in the budget for 1984. C/M Krantz mentioned reading_. in the newspaper that competition in this field is forcing prices down and perhaps we should have someone here from Microdata to answer technical questions. C/M Stelzer questioned whether the people who recommended the present system knew what the needs of the city were and V/M Massaro replied that City paid accountants for this analysis. Steve Wood said that the accountants did not contemplate the applica- tions which are in operation now andthe present system could continue to operate for five years but would have to be utilized more than eight hours a day, which would result in additional costs to the City. V/M Massaro asked whether those costs were anticipated when the system was installed. Steve Wood replied that at that time it was explained to Council it was not anticipated there would be a savings in labor by installing a computer system but we would probably be able to retard adding on employees by having the system. -7- 6/22/83 /rb Mayor Falck said it was his understanding two years ago that the capacity would take the City much further than the two year period and, he would like to find out now whether matters could be expedited by putting the computer to additional use. He said it is Council's main concern to have the computer meet the City requirements but even more than that, Council does not want to find out a year or two from now that more capacity is needed; and therefore, plans should be made now for what will be needed for the next five years rather than for the next. two years. V/M Massaro suggested that C/M Kravitz, C/M Stelzer and Steve Wood get together to determine exactly what an additional installation would do for the City. Ray Munitz said he has been doing volunteer work for the past two years at the areawide service agency and it was found to be feasible to rent computers as opposed to buying them because the sophistication of computer systems changes every month. He said he feels the cost of computer systems will go down within a year and that meanwhile, the City should consider renting equipment. V/M Massaro said she feels figures should be obtained on the rental of a computer system and Steve Wood explained that the present system cannot be rented and if the City changed manufacturers, all the programming would be useless. V/M Massaro said she feels before $150,000.00 is spent, more research is needed. C/M Kravitz MOVED to table this item to the July 13th, 1983 meeting and that a Workshop be held between C/M Stelzer, Steve Wood and himself. Ray Munitz said that generally a computer system does not reach maximum capacity in as short a time as two years and perhaps a lease/purchase arrangement would be suitable for the City as opposed to a rental. In a lease/purchase arrangement there is a possibility of recovering part of the money spent as eventually the unit is purchased and with a rental arrangement, the money is down the drain. He said. it is difficult to anticipate the needs of the City for five years and who- ever gave the opinion two years ago that the system would be suitable for five or seven or eight years, obviously was not aware of the growth of the City or what the intent of the Finance Department would be. C/M Stelzer said when the computer was originally contemplated, the publicity was that Tamarac Utilities would buy the system to assist with billing their customers and the savings would be $87,000.00 per year. Subsequently, the computer was purchased by the City and was put to many uses in addition to billing the utility customers. He said at that time it was not contemplated to use the computer for City functions; and he asked Steve Wood whether it is contemplated to put 911 on our system. Mr. Wood said it has not yet been decided but the way it stands now is that the County will continue to provide this service through the end of this fiscal year; and in 00tober, the City of Tamarac will have to reach a decision as to whether or not to use the :system for computer aid dispatch for police purposes. Steve Wood explained that currently there exists a crime incident reporting system whereby the Police must file reports with the State of Florida and these reports are currently being done manually. The Motion was SECONDED by C/M Krantz. VOTE: ALL VOTED AYE -8- 6/22/83 /rb 2. Night Council Meetings - Discussion and possible action to hold one Council et meing a month at night. SYNOPSIS OF ACTION: First meetings in September and October will be held at night; hours to be scheduled by the Mayor. C/M Kravitz said that many of the residents expressed a desire to attend Council meetings but cannot do so during the day and would like meetings to be held at night. He said most of the other cities in Broward County do hold meetings at night so that the working people can attend. C/M Kravitz said he is in favor of holding Council meetings at night at least once a month. He received a memorandum from the City Manager stating that the cost of night meetings would be negligible and he feels we should give the residents of Tamarac the opportunity to be present at Council meetings, and suggested that at those meetings we do not have lengthy agendas and present items only that would be of interest to them. C/M Krantz inquired about the time schedule of night meetings and C/M Kravitz suggested the meetings start at 7:30. C/M Stelzer said he feels it would be a good idea to try this to see how it works out as many of the cities do have successful night meet- ings. lie said an entire agenda could not be considered at night and therefore, feels Council should have a day session and a night session; and that the Council meeting could start at 2:00 P.M. to take up all the Consent items as well as those items which can be gone through quickly, and then adjourn at about 5:00 P.M. and start the second meet- ing at about 7:00 P.M., at which time the items that would be of in- terest to the general public could be heard in order for a good at- tendance. He said he felt the developers might complain because they would need to have their people come down here at night when there are public hearings at which they are needed. Possibly Larry Keating or Dick Rubin might be needed, but C/M Stelzer said he does not think that is important as far as the money is concerned, but it is important that the citizens of Tamarac attend the meetings to express their views and make suggestions. He said Council should try holding one meeting at night and publicize it, and arrange the agenda to start at 2:00 P.M. to take up the items the public might not be interested in, and see how it works out at that one meeting as far as the attendance is concerned. C/M Krantz said he feels one meeting would not be sufficient and that we should hold about two night meetings to see how it works out. He said he knows that before his term of office, Council held night meet- ings which were not successful as nobody attended and if two meetings are successful, then it should be continued on a permanent basis. V/M Massaro said she does not agree that certain items should be elim- inated as we have no way of knowing in which of the items the people would be interested. Council is not entertaining the public but are conducting City business and if people are interested, they are in- terested in everything that happens here and Council cannot eliminate items residents would not be interested in. Builders cannot be held up for a month with a project that should be on the agenda because this is expensive to builders and the way the economy is, it is not practical and Council should be doing all possible to help them sell their products. V/M Massaro suggested a Town Meeting be held one night in two months or so to allow the people to express themselves. She said she has no objection to night meetings but feels that every other meeting might be too much at night as it will be a tremendous hardship. 6/22/83 /rb V/M Massaro pointed out that in the past, holding Council meetings at night resulted in a complete failure as attendance was poor. She said that the items are serious subjects and Council cannot work all day and then properly address these subjects at night. C/M Kravitz said the builders would not be held up a month if one meeting a month were held at night. He said when Council tries this, if it cannot be worked out for various reasons or the public does not attend, nothing will be lost as this would not be a set program and Council just wants to see if it can be worked out and if the public will. beihterested enough to come down here. He said this idea has merit and the public should be given the opportunity to attend meet- ings and participate in them. Mayor Falck said when meetings are held, they have to be regular Council meetings and items cannot be specified for either day or night. The City does not want people coming here just to make speeches. Council must take the items as they come up no matter what they are and hold a regular Council meeting. He said he has no objection to night meetings but they must be regular meetings. C/M Stelzer said he feels the Consent items should be taken up in the afternoon and when developers are here for model sales permits that too can be handled in the afternoon, since there is no input from the public on these type items. He said evening meetings would be regular Council items. V/M Massaro said she objects to an afternoon and evening meeting. Mr. Sidney Stein of the Charter Board said he feels the idea of after- noon and evening meetings is a commendable one, because if Council meetings start at 7:30, they could not be completed until midnight or later because daytime meetings take four to six hours;and it would not be fair to Council members or the public to be here until that late an hour. He said he feels meetings should start at 2:00 P.M., a dinner break taken, after which the evening portion of the meeting would be held. In that way, all the items could be taken up as the developers could be here in the afternoon since this is of no interest to the public. Mr. Stein said he feels Council should at least try this type of meeting and not during July or August, but rather in September when the residents who are away return. Mayor Falck said the last meeting in July would be be inappropriate as that is a cleanup meeting with a long agenda. C/M Krantz mentioned that most Council members are at their desks at 8:00 A.M. and to work a full day and start a Council meeting at 2:00 P.M. and resume it at 7:00 P.M. which would bring the meeting until 1:00 or 2:00 A.M. would be a tremendous hardship. Mr. Stein said if certain business were taken care of between 2:00 and 5:00 P.M., the evening portion of the meeting should not last later than about 10:30 which is a reasonable hour. V/M Massaro said it is not reasonable to work from 8:00 A.M. to 11:00 P.M. C/M Krantz said he goes along with this idea purely on an experimental basis. Mr. Stein said it is all experimental but he feels Council should try it because the residents want to come before Council but cannot do so during the day because they are employed. They come before the Charter Board at night and want to come before the Council too. He said if attendance is poor, the night meetings could be discontinued, but the public should be shown that the City is listening to them. 6/22/83 /rb Mr. Stein said that at every single Charter Board meeting, the residents ask why they cannot attend a night Council meeting. They work during the day but would like the opportunity of expressing themselves before Council. Vickie Beech, resident, said she feels the public should be given the opportunity to express their feelings before Council and that Council members as elected officials, are responsible to the taxpayers and if the residents demand to be heard they should be given a chance to attend Council meetings. V/M Massaro said she has not had even one person request a night meeting, and generally the people come to her with all kinds of requests. Mrs. Beech said that many residents told her they did come down here in the past but too much trivia was taken care of that could have been done before the meeting. V/M Massaro asked Vickie Beech whether she thinks Council should reverse the agenda in any way, and Mrs. Beech said she feels there must be a way to take care of routine matters beforehand and then at the meeting just take care of items which would interest the community. C/M Krantz said he read the minutes of the Charter Board meeting and of course there have been requests for night Council meetings, but not one person has asked him personally for a night meeting. C/M Kravitz said that for the record he wished to state that he proposed_ evening meetings because he received only this month at least twenty requests from individuals for night Council meetings. He said before that he received requests and is still receiving them. V/M Massaro said she is curious about whether these people who are requesting night meetings will attend them. C/M Kravitz said he feels the rPq;dents are entitled to :attend Council meetings and if they don't attend, Council can discontinue niqht meetings. Mr. Carl Alper, resident, stated that in the past Council held meetings at 10:00 P.M. and the crowds overflowed into the street, and there were other times meetings were advertised for 7:30 P.M. and nobody attended. He sug- gestea. Council hold one night meeting on an experimental basis. Bernie Hart said he feels people will attend. to respond to items they are interested in. He said C/M Stelzer's idea is excellent and that times should be specified for certain items, just as is done at every other. meeting and there is no reason that items cannot be allocated to either the day or the night portion of a meeting. He. said there is no doubt that people will not come down here to listen to items about trees or landscaping as they are not interested in that, but there are items on every agenda that would interest the public. Mr. Hart said he feels if it is a problem for Council members to work morning through night on meeting days., they check with other City Councils in Broward County who do that to find out how they are able to do it. He said Council should hold a few night meetings and not just one or two at the wrong time of the year, to determine if the response is adequate, and if there is poor attendance, the night meetings could be discontinued. V/M Massaro said that many of the Cities hold their meetings at night because the. Council members are younger and work during the day. Mayor Balck agreed with that. Max Blum, resident, said he is speaking for the younger members in the area where he lives and 90% of them cannot attend day meetings. He said he feels night meetings should be tried a few times. The younger people in Tamarac pay taxes just as the older people do, and they are entitled to attend meetings to be heard. They want to feel they are part of this City and Council is cutting them out of all City functions by having strictly day meetings. He said when meetings were -held at the old City Hall;- -11- 6/22/83 /rb there was standing room attendance at all times. V/M Massaro said Mr. Blum's point is well taken and that the City needs night meetings, but in the nest when there were night meetings, nobody attended. Mr. Blum said most of the items on the agenda were of no interest to the people in his area such as the stockpiling of lime sludge, et c. Mayor Falck said that Council must take care of these items as that is their responsibility and 'cannot conduct meetings on onlv those items that the residents would enjoy. Council goes through an agenda and' decisions are made; and that is what Council is here for. Mr. Blum said people are interested in items that pertain to them and their City but many of the items are of no interest to them. He said by having day meetings only, the younger people are excluded from City functions and if uninteresting items were taken care of durina the dayr there would be a stood attendance at night. Mayor Falck said he does not know how items could be designated as being of interest to residents. He said he does not choose the items and that everything must be taken care of. Mr. Blum said Council members should sit down with people in his area and ask them what is important to them as citizens and taxpayers of the community. V/1•1 i4assaro asked i r. Bltmi now people could be asked which items to put on the agenda as everything that comes up must be discussed. Mr. Lou Vladem said he wholeheartedly agrees with C/M Stelzer that certain items be taken up during the day portion of the meeting and other items during the night portion. He suggested that on meeting days, Council members could come in later and not at 8:00 A.M. He said this could be tried on the basis of starting the meeting at 2:00 F.M., recessing at 5:00 P.M. and resuming at 7:30, to complete the necessary agenda.He said he feels this should be done in September and not during July or August. Mr. Jon Henning stated that in reviewing the City Code, it appeared to him that the Mayor has the prerogative to set the hours as he sees fit as long as they are properly noticed; and a Motion should be made along those lines unless the Ordinance is amended. C/M Kravitz MOVED that Council hold the first meeting in September and and the first meeting in October in the evening, with the hours to be set by the Mayor. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE T'0MMTTT,T7TY nF1fRL0PMFNT Tape 26. Tamarac Town Square - Revised Site Plan - Temp. Reso. #2734 - 3 Discussion and possible action to approve a revised site plan for an exterior refrigerator (tabled from 5/25/83). SYNOPSIS OF ACTION: APPROVED subject RESOLUTION NO. � R--83-k,3 PASSED to revisions on Developers Review Status T Sheet #4. City Attorney Jon Henning read the Resolution by title and explained that basically there is a retail outlet at Tamarac Town Square requesting an outside refrigerator or freezer -that is 8' X 18$ which is approximately the size of a parking space although it is not in a parking space. He said that staff had recommended a few minor changes be made to the site plan regarding the striping of the parking in that particular area.,- -The South Florida Buildina Code addresses the safety features of an outside freezer or. refrigerator and this also should be incorporated in any approval.. --12- 6/22/83 /rb V/M Massaro said that the following changes should be made to the Developers Review Status Sheet #4: 1. The words "curbing and" should be deleted and the word "paint" be inserted. 2. "No Parking" signs are to be placed at the sprinkler areas at various locations, identifying each bay served by that sprinkler. This information is needed by the Fire Department so that when they approach a sprinkler they will know which bay it serves. 3. The word "Publix" should be substituted for the word "center" to identify the fire lane and the "No Parking" signs at the rear of Publix. 4. The dumpsters do not conform to the Code and a man door must be provided; and the dumpster and the man door must have solid doors. 5. An inside emergency release on the freezer door must be provided. 6. The word "reconstruct" should be deleted and replaced by the word "stripe". V/M Massaro MOVED the approval of the revised site plan with the changes as indicated on Developers Review Status Sheet #4. SECONDED by C/M Krantz. C/M Krantz inquired as to whether the store involved is the pizza store and Mr. Larry Golinsky, representing Tamarac Town Square, identified it as a new Chinese restaurant which has not yet opened. VOTE: ALL VOTED AYE 31. Fountain Apartments - Sign Waiver - Temp. Reso. #2758 -- Discussion and possible action to waive the provisions of the sign ordinance for an oversized ground sign at 6175 N.W. 57th Street. SYNOPSIS OF ACTION: APPROVED subject . RESOLUTION NO. R-83- (v PASSED to approval of Beautification Committee on beautification plans. City Attorney Jon Henning read the Resolution by title and Florence Bochenek, Chairperson of the Beautification Committee, said that the Committee is presently in the process of amending the sign Ordinance. The existing sign Ordinance considers the entire sign, even the air space underneath the sign, as part of the sign. In many cases, this limits the sign and does not make sufficient allowance for the sign material. She said that the sign now requested is about one hundred feet back from the road. A sign that can be visible from the road is needed and what is being requested now is a sign that is larger than is normally allowed under the present Ordinance. It probably will con- form to what will be contained in the newly amended Ordinance but at this moment the Beautification Committee 'would not be able to make this type of recommendation. C/M Krantz asked whether the new sign would face Commercial Boulevard and Mrs. Bochenek said it would. She also said the grounds had been allowed to fall into complete disrepair but are now cleaned up and the wall is visible where the fountain was and there are three sections of wall there. The sign would be behind one of the walls with merely the sign copy showing on top of the wall. It would not be that large but would be visible from the street,. and would really be attractive, and is at least one hundred feet from the road. Mrs. Bochenek explained that the sign would be on top of the wall and the Posts would not be visible as they would be behind the wall and the sign copy would be above the wall. She said they could not really use anything smaller and the important tning is the size of tlae lettering as large ictters ar© not desiral-le. -13- 6/22/83 /rb V/M Massaro asked Mr. Ralph Getelman if he would be satisfied if Council approved the sign subject to installing beautification around this sign, to be approved by the Beautification Committee. Mr. Getelman said the sign will be bordered on either side by palm trees and all the debris in the center will have to be cleared in order to erect the sign. V/M Massaro said she would like to see some shrubbery around the sign and Mr. Getelman said it will be made as attractive as possible. V/M Massaro MOVED to approve the sign subject to the approval of the Beautification Committee, of beautification to be done to soften the look of the sign. Mr. Dick Rubin asked Mr. Getelman how high the bottom of the sign will be above the grade of the berm or the landscaping, and Mr. Getelman explained that this is a wall that at one time was a fountain. Dick Rubin said that the maximum open area from the bottom of the sign to the top of the fountain should be included in the Motion. V/M Massaro asked Mr. Getelman whether he planned to have an open area under the sign. He said it would be little or none, and will almost be set on top of the wall. The Motion was SECONDED by C/M Krantz. V/M Massaro told Mr. Getelman that the sign cannot be installed until the beautification plans are approved. VOTE: ALL VOTED AYE 32. Edgewater Village - Model Sales Facility - Discussion and possible action to extend the 150-foot distance waiver for certificates of occupancy to permit operation of a sales office next door to an occupied unit. SYNOPSIS OF ACTION: APPROVED permission to developer to sell half of duplex and use other half for model sales office. V/M Massaro said this application is a request to continue using a model in half of a duplex.,They have an opportunity to sell the other half and at a later date they are going to build another sales office and this one will be -eliminated at that time completely in a few months. Mayor Falck asked Mr. Art Turpel of Edgewater Village, where the new sales office will be and he said that plans have already been provided to Council for it. V/M Massaro stated that there is a letter attached to the backup indicating that the :purchaser has no nr�ection and that t-')P owners are currently using the east side of the building as a sales office and will continue to do so for the next six months until a new sales office can he built. V/M Massaro MOVED that permission be given the applicant to sell half of the duplex and allow them to continue occupying the other half for a sales office. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE -14- 6/22/83 /rb 24. Golfview Plaza - Temp. Reso. #2759 - Discussion and possible action to authorize execution of a Tri-Party Agreement with Broward County and Executive Golf Apartment, Inc. regarding development of this project. YNOPSIS OF ACTTON_ TABLED City Attorney Jon Henning read the Resolution by title and explained that the Tri-Party Agreement is an agreement between the County, the City of Tamarac and the Developer of the Golfview Plaza Apartments and that he had conversations with Mr. Gerald Knight, attorney for the developer. He said he has not yet had -the opportunity to discuss the matter with Broward County, although - Mr. Rubin has. He said that in essence, there is a plat which was approved by the City Council a year or two ago and that plat dedicated three feet of right-of-way for a right turn lane on 21st Avenue. There was an additional nineteen feet designated on the plat which would be an easement to use for the right turn lane. One of the problems that has come up is the difference between the plat that was approved by the City Council and the one that was finally approved by the County,. Mr. Henning said the Agreement is asking Council to direct the Buildinq Dept., City employees and public officials to assist in enforcing - County impact fees and platting procedures. The land is to be developed under industrial use which has a certain impact fee. If the developer would come to the City and ask for a more intense use, then he would be subject to more County impact fees; so the County is asking Tamarac to contract with them to help to police this area and police the building plans to see that the land is not developed more intensely than initially indicated and certainly if it is, the County will readdress the impact fees. Mr. Henning said there are some concerns about this .but Mr. Knight could not be here today due to another commitment and after talking to some of the Council members, he told Mr. Knight that his presence would probably be needed for further discussion and therefore, Mr. Knight has asked for a tabling action. Mr. Henning said he cannot wholeheartedly recommend that Council pass on this item today and it would be in order to table this item to the next meeting so that Mr. Knight can be present. He also pointed out that a portion of this plat is in the City of Fort Lauderdale and that city is not a party to the Tri-Party Agreement. V/M Massaro said she asked Dick Rubin to determine whether this matter had actually none bevond the Planning Department and he informed her that the Broward County Commission approved this plat subject to the Tri-Party Agreement and future dedication of turn lane.. She said she agrees with Mr. Henning that Council should not approve this Tri-Party Agreement and she MOVED to table this item for the following reasons: a) Gerald Knight, attorney, not being present to answer questions; b) Responsibility of monitoring this development should not rest with Tamarac; c) In this agreement, no mention of the City of Fort Lauderdale is made although part of the plat is in that City. d) City Attorney will send a letter to the County Commission to apprise them of the City's feelings in the matter and that the City objects to this agreement. The City Attorney should put the County on notice as soon as possible. Mayor Falck said he agrees with the Motion and that this is at least the sixth different time that the City haiproblems with this matter because as indicated,part of the plat is in Fort Lauderdale. The Mayor also suggested that the Motion include a referral by the City Attorney to the City of Fort Lauderdale so they will be fully informed. The Motion was SECONDED by C/M Krantz. VOTE: ALL VOTED AYE -15- 6/22/83 /rb City Attorney Jon Henning said he will send a letter to the County advising them about the City Council's concern, telling them that no action has been taken today and this matter is being studied closely in light of the List of concerns. 41. Green Kroll/Woodrr,ont Tract 71 - Buildin2 Permits and Guaranteed Revenues . SYNOPSIS OF ACTION: Aqendized by Consent. eld for afternoon. See also Pages 2 & 17). City Attorney Jon Henning said the main issue in this matter is that the developer has recently become aware that three-quarters of the ERC's are due for payment. The new fee is $1,500.00 per ERC, which comes to a total of $63,000.00. Mr. Henning said that the developer has never disputed that the money nas to be paid ana has oecume uue, but were surprised to learn o.-E the rate change, although the contract that was entered into a couple of years ago clearly states that pre- vailing rates will apply at the time of purchase of these ERC's. The developer first learned about tnis when .two Luildiny NeriAts were requested for single tamily homes and they were notified by the Building Department that they were listed as being due for a takedo-7n of these Pape 42 ERC's, as per the contract. Mr. Henning said they are Z+uLLiliy t:le 4 funds together as quickly as they can. They are in a J-int 17Rnture with Coral Gables Federal so there is a little complexity in their management. They are asking to have two buildinq permits released and have promised to pay the interest pursuant to the agreement and will have this amount paid by the time Council meets today. They are asking for between sixty and ninety days relief. V/M Massaro said she has no objection to giving them this relief but in view of the fact that this money is already due, she would like them to supply a letter of credit. In that way, Council will not be doing anything Council has no right to do, but are guaranteeing what the City is supposed to be enforcing and it is important to accomplish that. She said if the City is provided with a letter of credit she feels the extension should be given in order to allow them the necessary time to get their finances in order. Mr. Ken Krasne representing the developer, said that if they had the means to provide the City with a letter of credit for $63,000.00 they would probably just qive a check -tor 563,000.00. He said they are in the process of renegotiating their developer loan with Coral Gables Federal and still have substantial building to do at Tract 71 and are not running away from the City. He said if they have to post a letter of credit for $63,000.00 with the City, it would not help them at this time. He said they are in a joint venture with Cora]. Gables Service Corporation which is a part of Coral Gables Federal, as Coral Gables Federal has broken up their Joint Ventures keeping them aside from their bank_ He explained that although they are in a Joint Venture with Coral Gables Federal, legally,and on paper ,they are in a Joint Venture with Coral. Gables Service Corporation. Mr. Krasne_ further explained that Green Kroll has been developing in South Florida for close to eighteen years and.they take full responsibility for the fact that they should have known that this is the day the ERC's were due, but they do not feel that their request for relief is un- reasonable or that it would jeopardize the City in any way, and that their reputation stands well behind them. He said he feels that sixty days will suffice. Mr. Henning asked Mr. Krasne. whether he expected to get Certificates of Occupancy for these homes and he said he does not. V/M Massaro asked how much Mr. Krasne- feels they can pay toward the amount due. Mr. Krasner said they would like to pay the entire amount off and at this time he is unable to speak for the company but can return this afternoon with an answer for Council. THE MEETING WAS RECESSED UNTIL 1:30 FOR LUNCH -16- 6/22/83 /rb THE MEETING WAS CALLED TO ORDER AT 1:30 AND ALL WERE PRESENT. V/M Massaro said that she would like to state for the record that she read in the newspaper this morning certain statements are con- tinuing to be made about the land that is owned by the City of Tamarac and the intent of the use of this land. She read the following memo- randum into the record from Leadership Housing dated July 27, 1976: Enclosed is a duly executed deed whereunder Leadership Housing, Inc. and Simon Zunamon, as Trustee, are dedicating to the City of Tamarac for public purposes, subject to all matters of record except mortgages, liens and other monetary encumbrances, four tracts of land therein described known as Tract 38A consisting of 14.61 acres, 10.4 acres of Tract 75, 20.65 acres of Tracts 27 and 28, and 63.04 acres of the Florida Power & Light easement. if V/M Massaro said she hoped this would put the matter to rest once and for all and that at the request of the Mayor, Council members will receive a copy of this memorandum. 41. Green Kroll/Woodmont Tract 71 - Building Permits and Guaranteed Revenues. SYNOPSIS OF ACTION: Agendized by Consent. APPROVED with conditions. (See also Pages 2 & 16). Mr. Ken Krasne. of Green Kroll, said he brought with him a check for the City of Tamarac in the amount of $6,000.00 in double payment of the two ERC's for release of the two permits they are currently re- questing; and that the developer guarantees to make payment of the oalance within sixty days. V/M Massaro said that since the developer's intentions are honorable, she would suggest that an agreement be entered into between the City and the developer, and that Council approve release of the two permits to them after the agreement is signed, with the stipulation that no further permits will be issued until the $63,000.00 is fully paid, and she so MOVED. Mr. Krasne said that to show good faith, the developer will not request certificates of occupancy on these two homes until the balance is paid. V/M Massaro said she would like to include that in her MOTION. City Attorney Henning said that he feels a separate agreement is not necessary as there is a valid agreement and the Motion is to release the two building permits with the understanding that no further permits will be released and no certificates of occupancy will be issued until the $63,000.00 has been paid in full, and there is a sixty day period to make that payment. V/M Massaro AMENDED her MOTION to withdraw that portion but she does want the developer to understand that they are in default of payment regardless of their check for $6,000.00, until the $63,000.00 is paid in full. The Motion as Amended was SECONDED by C/M Krantz. 20. Woodmont Tracts 74/75 - Discussion and possible action on: aT Waiver of the provisions of the sign ordinance to allow a temporary community directional sign on the east side of University Drive opposite N.W. 78th Street - Temp. Reso. #2633 b) Renewal of a model'sales permit in connection with Site Plan No. 1 and Site Plan No. 3. c) Renewal of a model sales permit in connection with Site Plan No. 2 and waiver of the 300-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: a) APPROVED RESOLUTION NO. R-837 PASSED with conditions. b) and c) APPROVED -17- 6/22/83 /rb a) City Attorney Jon Henning read the Resolution by title and said there was some discussion about this a few months ago. Bonaire was requesting a temporary directional sign on the east side of University Drive and had obtained permission from a particular lot owner to place the sign on that land and they will be the exclusive sign on the land so this will not become a sign arm of any sort with several other developments. They have met certain setback concerns that the Planning Department has had which is that it is off the right of way and it is past the utility easement and well within a safe area set back from the road approximately 35 feet. Mr. Henning said that in discussing this with Joe D'Amore of Bonaire,it was agreed that this is probably a worthwhile test for the first year and they should not consider this right for next year and probably Council will want to address this much more closely next year as permits are given for one year at a time by the Code. He said that at this point there is no development of the service road on the east side of University Drive and this sign does not appear to be in anybody's way., There are two vacant lots on each side of the sign, and Council may want to view this more closely when a renewal comes up. He said that if the priority is adjusted so a service road is to be built and the sign is in the path of that road, then Bonaire has agreed to have it removed; and that could easily be a condition of the approval. They have 'a plan which has passed Beautification along with a physical design of the sign with the Woodmont style of lettering and it seems to be a worthwhile experiment; and if all goes well and sales go well they will be happy to take it down when they sell out. Mr. Henning said he put together a letter to. Mr. D-1Amore which Council has not yet seen, setting out some t,f the conditions discussed and perhaps it would be good for the record to get Bonaire to' agree to these conditions. The City Attorney said Bonaire presently has off -site signs For directional purposes, but the proposed sign is for a sales office and is a one year temporary sign. They do have the exclusive use of this particular lot and it is consistent with other signs. For example, Kings Point has some off - site signs for temporary use, along with some churches and other non-profit organizations that have off=site signs that are permitted on an annual basis. V/M Massaro said that the Council has always been concerned about a proliferation of signs and if they were to come in for another sign on this 100 foot frontage she would suggest that Council view unfavorably, . any further signs on this particular property and not allow too many signs within a short distance. She said Council would not even consider this if it were not for the fact that the signis in an area where the average tourist would not see it and with the economy what it is, we want to help all we can; and since there are no other signs there, it would seem reasonable to allow them to do this. Anyone else in that area who needed a sign, would have to seek an area a distance away from this so it would not be unpleasing to the area. V/M Massaro MOVED the adoption of Temp. Reso. #2633 approving the waiver of the provisions of the sign ordinance to allow a temporary community directional sign on the east side of University Drive opposite N.W. 78th Street. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE -18- 6/22/83 /rb b) V/M Massaro said since there are no changes in the Site Plans and the expiration date is July 12, 1983, she would MOVE to approve the renewal of the model sales permit for Site Plan No. 1 and Site Plan No. 3 for a period of six months from the expira- tion date. SECONDED by C/M Krantz. W1 62--1 0M ALL VOTED AYE c) V/M Massaro MOVED the approval of the waiver of the 300-foot distance requirement and the renewal of the model sales permit as of July 12, 1983 for a period of six months. SECONDED by C/M Krantz. 06,2 5M ALL VOTED AYE City Attorney Jon Henning said he wished to state for the record that he hand delivered the June 22, 1983 letter to Joe D'Amore of Bonaire and Mr. D'Amore has indicated that he agrees with the conditions set out in that letter and asked Council to have one of the corporate officers execute and return it to him. GENERAL ADMINISTRATIVE/FINANCIAL 14. Broward League of Cities - Discussion and possible action. SYNOPSIS OF ACTION: Report given by 4ayor Falck on proposed modifications to Sovereign Immunity Laws. "_/M Kravitz reported there will be zo meeting held in July. C/M Kravitz reported that there was a good representation of the last League meeting and are now awaiting the minutes meeting. He said there will be no meeting held in July, Council at of that Mayor Falck reported on the proposed modifications to the Sovereign Immunity Laws as they relate to municipalities. He said that he heard rumors and comments to the effect that a large number of municipalities in Broward County were being assessed with additional sums of money over and above the statutory limits. For example, Cooper City was assessed with a levy of $100,000.00. The Mayor said that as a result of the Cooper City matter, he has re- quested from the League, a complete rundown as relates to the Sovereign Immunity Laws and this should be received some time in July. He said he is reasonably certain this will be discussed at the October Annual Conference of the State League and it is his intention to present the rundown at either the August or the September meeting. Mayor Falck said he is concerned with the attempts being made to change the Sovereign Immunity Laws and he does not believe some of the people who are advocating these changes really understand and appreciate what the Sovereign Immunity Laws have done for them, such as maintaining a very low level of cost for liability insurance. He said he feels this is a subject which should be reviewed again. LEGAL AFFAIRS 15. Handicapped Parking Fine - Temp. Ord. #1048 - Discussion and possible action to amend Chapter 15 of the Code to establish a fine for parking illegally in a space reserved for handi- capped parking. First Reading. YNOPSIS OF ACTION: APPROVED On First ending. -19- 6/22/83 /rb City Attorney Ton Henning read the Ordinance by title and explained that this is the final draft of a proposed Ordinance regarding handi- capped'parking which -will have a First Reading today; and if it passes, there will be a public hearing and a Second Reading in the near future at a regular meeting. He said there has been some concern in the community about the abuse of the handicapped spaces. Under present Florida Statute, a copy of which is attached to the Ordinance, there is a $15.00 fine by State law. Some of,the municipalities have taken the stand that this is not adequate and recently a City set the fine at $150.00 plus towing charges. Mr. Henning said that the City Council is concerned about towing and the liability surrounding it. We do not address towing in our Ordinance although there is a State Statute which authorizes towing if the City wishes to utilize that Statute. The City Attorney explained that the proposed Ordinance sets a fine which is very similar to the overtime parking fine and other citations that the City utilizes. It sets a 72 hour time limit for the payment of the fine or for establishing an appeal with the Police Department. He said that Tamarac's parking situation was addressed several meetings ago when the parking Ordinance was es- tablished for the City Hall parking lot. At that time, a procedure was established with the Police Chief so that people could be heard as to their reasons for an attempt at due process or to take a defense to the accusations of the illegal parking. The same procedure is used in the handicapped parking Ordinance. If somebody is found in violation, they will be cited as if it were overtime parking except that the fine will be $50.00; and then they have 72 hours to pay the fine at City Hall. Under this Ordinance, there will be two opportunities to go to Court. If a person refuses to pay the fine within the proper time period, they can be taken to County Court because of the violation of refusing to pay; or if the person pays the fine but feels they have been wronged, there is an appellate remedy, as in all municipal Ordinances, in the Circuit Court. Mayor Falck asked Mr.Henninq to obtain a copy of the County's handi- capped Ordinance to be distributed to Council between now and the Second Reading of this Ordinance as there might be some provisions to be considered in modifying this proposed Ordinance on the same subject. C/M Krantz asked Mr. Henning whether the penalty is compatible with that of the other cities. Mr. Henning replied that he is not familiar with the charges of all the cities, but one of them is $150.00 and another one is up to $500.00, and Council must decide whether these amounts are appropriate for our Ordinance. The first offense for drunken driving is $250.00. Reckless driving has no minimum fine, as assault and battery and a lot of other misdemeanors. Mr. Henning said he feels Council should keep this in perspective and that an amount of between $50.00 and $100.00 is justifiable. He said that originally it was proposed to have the case heard in County Court with a fine of approximately $100.00,but he feels this procedure is appropriate as it does not require people to take off time to fight this in court except in unusual circumstances. V/M Massaro inquired if the 5,000 parking tickets now in stock would have to be discarded and how firmly we are enforcing the present $15.00 fine for violation of the handicapped parking Ordinance. Mr. Henning said all the details have not been worked out with the Police Dept. as to whether a rubber stamp would be needed to be put on these parking tickets o: whether they,would be discarded, or what the cost of the 5,000 parking tickets was. Mayor Falck said that Tamarac is enforcing this law and further information can be obtained about this between First and Second Reading. V/M Massaro said she would like to know how much money is being thrown away when discarding 5,000 parking tickets and she is wondering whether the fine would have to be increased if the $15.00 fine were firmly enforced. -20- 6/22/83 /rb Mayor Falck said that he recalls a previous similar situation, and at that time the purchase of a stamp was authorized to change either the time or the amount, and V/M Massaro said this should be researched as to legality. Ralph Flynn, resident, said he recently read in the newspapers that there was a problem with the enforcement of this handicapped parking regulation in terms of lack of uniformity and placement of the signs. Mr. Henning said there are some specifications in the State Ordinance as to what the sign requirements are; and Tamarac is most responsive and concerned with those requirements at the time of site plan review and final inspection. The Lauderhill Ordinance established a fine of $150.00 plus towing charges and they also incorporated in their Ordinance, a specific sign requirement as to the size of lettering and the amount of the fine being posted on the sign as a substantial warning at each space. If a fine is over $50.00, there is a auestion of notice to the public and if the City imposes a fine of $150.00, the public would need to be given fair notice and also signs would need to be altered. Mr. Henning said this is not being contemplated in the Ordinance. C/M Stelzer said he is wondering how many of the people who called to complain about the $15.00 fine know that unless a vehicle displays a parking permit and is transporting the person eligible for the parking permit, it is unlawful to park in a space reserved for the handicapped. In.many cases,,wives or husbands of handicapped people abuse the parking privilege by parking in a handicapped parking space and going shopping without the handicapped person being in the car; and that is illegal. Mayor Falck said he received phone calls from people who knew they were violating the law and just didn't want to pay the fine. Mr. Morris Landman, representing the Disabled American Veterans, said they are concerned about this Ordinance. He explained that the organiza- tion is conducting a national campaign on this matter. He said that just this morning a resident in a wheelchair told him of an incident in the rain when he was forced to park at the far end of a parking lot because an unauthorized car was in the handicapped parking space. He said he does not feel a $50.00 fine is unreasonable for a person who does not observe the Ordinance. As far as identification is con- cerned, all persons who have this handicapped permit are issued an identification card as well, which they should carry with them at all times; and if a person does not have that card they should be ticketed. Mr. Landman said that speaking for the Disabled American Veterans, he would like to see the fine for violation of the Ordinance be either increased or be at $50.00, as stipulated. He feels Tamarac should go along with the other cities in Broward County. V/M Massaro MOVED to adopt Temp. Ord. #1048 on First Reading, and that the Public Information Committee advertise in their Newsletter the fact that the present Ordinance and the new Ordinance will be firmly enforced. Mayor Falck said the public should also be provided with information, as people misunderstand and think once they get the permit that is all that is necessary. They do not realize that even with a permit, if the handicapped person is not driving the car, a space reserved for the handicapped cannot be used. C/M Stelzer explained that if a person does not have a permit and has a disabled person in the car, the driver is permitted to stop momentarily in a handicapped parking space to discharge his passenger; and there is no question that the handicapped person is allowed to use that parking space at any time. The Motion was SECONDED by C/M Krantz. -21- 6/22/83 /rb Plo i1 w ALL VOTED AYE V/M Massaro said that although she did not include it in her MOTION, she expects the City Attorney to obtain the information Council has requested so that it will be available for Second Reading. PUBLIC HEARINGS 16. Regional Transportation I m rovement Fee - Temp. Ord. #1049 - Discussion and possible action to amend Chapter 23 of the Code to establish a Street and Traffic Signalization Impact Fee based on dwelling units planned in excess allowed by current zoning. Second Reading. SYNOPSIS OF ACTION: TABLED for further research by City Attorney. Tape City Attorney Jon Henning read the Ordinance by title and Mayor Falck 5 asked whether anyone of the public wished to speak. There was no response and the Mayor closed the public hearing. V/M Massaro asked Mr. Henning whether he objects to the adoption of this Ordinance on First Reading. Mr. Henning said that professionally speaking, he is not 100% comfortable with the Ordinance as it is written, and feels the cluestion of exactly iiow the City wants to impact the growth of the traffic Janes should be addressed, and whether it should be on reserve units or on all units in excess of the present zoning. He said there wq.s a strong concern at site plan and in court a few weeks ago and his suggestion would be that Council table the final approval of the Ordinance until 100_o comfortable that the Ordinance is doing exactly what is intended, that -it is defensible in court and that there is a rational basis from an engineering standpoint. Mr. Henning explained that this is the Second Reading of the Ordinance and V/M Massaro MOVED to table the adoption of Temp. Ord. #1049 for further information and research by the City Attorney and to allow Mr. Henning sufficient time to accomplish this. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 17. Robert C. Sullivan - Special Exce tion Petition #6-Z-83 - Temp. Reso. #2752 - Discussion and possible action to grant a Special Exception to allow a dry cleaning establishment for direct cus- tomer service at Shops of Tamarac, 8521 W. McNab Rd., which is zoned B-1 (Neighborhood Business). SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-83-'� PASSE City Attorney Jon Henning read the Resolution by title and Mayor Falck asked whether anyone of the public wished to speak. Mr. Barry Eden, attorney for the petitioner, explained that this petition involves a premises which is presently a drop dry cleaner that the lessee intends to expand. The Chamber of Commerce shares the rear of the premises and they will be moving elsewhere in the complex. The petitioner expects to put in a dry cleaner and laundromat and the two will be separated, as shown on the business uses list. Mr, Morris Landman asked whether there will be any exhaust fumes coming from the facility and the Mayor said there would be none. -22- 6/22/83 /rb Mayor Falck asked whether anyone else wished to speak from the public. There was no response and the public hearing was closed. V/M Massaro MOVED the adoption of Temp`. Ord. #2752. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 18. Robert C. Sullivan - Special Exception #7-Z-83 - Temp. Reso, #2753 - Discussion and possible action to grant a Special xx c�eption to allow a launderette to operate at Shops of Tamarac, 8521 W. McNab Road, which is zoned B-1 (Neighborhood Business). SYNOPSIS OF ACTION: APPROVED with RESOLUTION NO. R- PASSED conditions. City Attorney Jon Henning read the Resolution by title and Mayor Falck asked whether anyone of the public wished to speak. Mrs. Vickie Beech, resident, asked whether the proposed launderette will be an open or a closed one. She said she is questioning this as there tends to be loitering in many open type launderette facilities, and this could cause the City many problems. Mr. Henning explained that it is conceivable that conditions could be placed on this such as enclosure or otherwise. Mrs. Beech said that the hours could be a consideration also. Barry Eden, attorney for the petitioner, said this launderette will be in conjunction with the dry cleaning establishment and the launderette portion will be where the present Chamber of Commerce office is. There are entrances on both sides and the launderette will be using the entrance on the Chamber of Commerce side. Mr. Eden said that at the Planning Commission meeting, there was a discussion in depth on this matter and the Planning Commission indicated that there is a need for a launderette in the western portion of the City since the only other laundromat servicing the vicinity is on 57th Street. Mr. Eden referred to the Report of Planning Commission Action indicating the Special Exception was granted subject to the condition that the hours of operation shall be no longer than 7:00 A.M. to 9:00 P.M. and also that there be an attendant present at all times. Mr. Eden stated that there will be no change in the design of the building, that the glass will remain and that it will be an enclosed operation. C/M Krantz asked the number of machines being contemplated, and Mr. Robert Sullivan, operator of the dry cleaning establishment, explained that he nl.ans to nut in ten machines and five dryers as well as one machine for large loads. He said that should business demand it, the most he could fit into the available space would be another ten machines. He said that there will be an attendant present at all times. V/M Massaro asked Mrs. Beech whet -tier the 9:00 P.M. closing time sounded reasonable to her. She said that it does but she is concerned with problems which arose with other launderettes. V/M Massaro said that as indicated by Mr. Eden, this will be a closed building and they will have a person monitoring the operation at all times. Mr. Eden explained that this operation is in the rear so there never was a parking problem there and the general area of Shops of Tamarac, even with the library there, does not attract minors and there has never been a..problem at that -Location. Mayor Falck asked whether anyone else from the public wished to speak. There was no response and the public hearing was closed by the Mayor. -23- 6/22/83 /rb V/M Massaro MOVED to Approve the Special Exception, with the following conditions: a) That launderette be an enclosed operation b) That operating hours be 7:00 A.M. through c) That an attendant be present at all times operation. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Temp. Reso. #2752, 9:00 P.M. during hours of 19. fish Kettle, Inc. (Kurt and Carmen Seiler)- S12ecial Exception Petition #8-Z-83 - Temp.._ Reso. #2754 - DiScussion and possible action to grant a SpecialExceptionto allow a delicatessen in conjunction with a proposed seafood market to be located at Family Mart Shopping Plaza, 7112 No. Universitv Drive., which is zoned B-2 (Planned Community Business). SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R- /,s'7' PASSED City Attorney Jon Henning read the Resolution by title and Mayor Falck asked whether anyone of the public wished to speak. C/M Krantz asked whether this is a.take out type delicatessen. Carmen Seiler explained that the delicatessen,, will be a take out operation. The Mayor closed the public hearing as nobody else wished to speak. V/M Massaro said it seemed to be appropriate for this delicatessen to operate in conjunction with a seafood market and she MOVED to approve the Special Exception, Temp. Reso. #2754. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 21. Ashmont/Kings Point -- Discussion and possible action on: a) Approval of a revised site plan for reduction of units and change of product - Temp. Reso_. #2755. b) Approval of revised Water and Sewer Developers Agreement. c) Release of two performance bonds posted for water distribu- tion and sewage collection improvements subject to receipt of one year warranty bonds - Temp Reso. #2756 d) Acceptance of a Bill of Sale for water distribution and sewer collection system improvements - Temp. Reso. #2757. e) Renewal of a model sales permit for the use of a facility at another location. SYNOPSIS OF ACTION: APPROVED Items RESOLUTION NO. R- �3_Z�gT PASSED a) , c) , d) and e) . Item b) REMOVED RESOLUTION NO. R-R'3—Z4;iC) PASSED FROM AGENDA. RESOLUTION NO. R- g,3—/4PASSED a) City Attorney Jon Henning read the. Resolution by title and Mr. Marty Riefs,,representing the developer, explained that the original site plan showed 299 units and the revised site plan shows 290 units. Th_!v are asking for approval to transfer the difference of nine units to the subsequent site plan, as per Stipulation 12. Mr. Riefs said they have provided appropriate parking facilities as per Stipulation 12, as far as one and a half spaces per unit, plus one handicapped space for each building. -24- 6/22/83 /rb Mr. Riefs said that subsequent to the site plan already submitted, he also submitted to V/M Massaro early this afternoon, a change in Building "A" which reflects a reduction of four additional units, and they are asking that these four units be transferred to the subsequent site plan. Mr. Riefs stated that the dumpster shown on the original site plan was not pleasing to the eye as it was directly in front of the building and they relocated it to the parking area which is still within access to the, residents but would not be noticed by people driving into the complex. C/M Krantz asked Mr. Riefs whether provisions have been made for a clubhouse in Ashmont. Mr. Riefs explained that they use, neighborhood recreational facilities with a pool area, shuffleboard and shade area,arid a large community clubhouse is located on Tract 34. He said they are now working on a clubhouse which will service the entire Kings Point. V/M Massaro said this plan seems to be an improved one and she would MOVE to approve the revised site plan and that this approval will not affect any terms, conditions or payments required under the existing water and sewer developer agreement. She explained that under the original approval of the site plan, all phases were approved. The developer is currently rephasing this project and will ask for the approval of a new water and sewer agreement. They are currently under court order and do not have the same privileges 'as other developers. She further explained that under the phasing Ordinance, Council approves only phase, which would require Mr. Riefs to come before Council with phase and use this as the concept planr.but they get the approval only for one phase, at which time they would present a new water and sewer agreement for just the one phase we Aave approved. She said her MOTION approves Temp. Reso. 2755. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE one one b) V/M Massaro MOVED to remove this item from the agenda. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE c) City Attorney Jon Henning read the Resolution by title and V/M Massaro MOVED the Approval of Temp. Reso. #2756, subject to receipt of a one year warranty bond in the amount of $5,441.90 for the sewer and $10,663.24 for the water, and also subject to the payment of $534.35 for additional engineering fees. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE d) City Attorney Jon Henning read the Resolution by title and V/M Massaro MOVED the adoption of Temp. Reso. #2757, accepting a bill of sale for the water distribution and sewage collection system improvements. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE e) V/M Massaro MOVED to approve the renewal of a model sales permit for use of a facility at Kings Point Professional Plaza, for six months from July 29, 1983. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE -25- 6/22/83 /rb 22. Kings Point Professional_ Plaza -- Bond Release - Temp.. Reso. #2735 - Discussion and possible action to release a bond posted to guarantee the installation of landscaping (tabled from 5/25/83) SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R- g,3 ��(va'� PASSED City Attorney Jon Henning read the Resolution by title and V/M Massaro said since this was approved by City Planner, Dick Rubin, she would MOVE approval of Temp. Reso. #2735, to release the $12,500-00 bond posted to guarantee installation of landscaping. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 23. Tamarac Gardens - Model Sales Facility - Discussion and possible action to renew a model sales permit. SYNOPSIS OF ACTION: APPROVED V/M Massaro MOVED the approval to renew the model sales permit for a period of six months from July 27, 1983. 27. Woodmont Tract 64 (La Foret) and Tract 70 (La Reserve) - Discussion and possible action to renew a permit for a model sales facility for use by both projects. SYNOPSIS OF ACTION: APPROVED V/M Massaro MOVED the approval of the renewal, of the permit for the use of a model sales facility for both projects, for a period of six months from June 24, 1983. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 30. Woodview Tract 38 -- Model Sales Facility - Discussion and possible action to renew a model sales permit. SYNOPSIS OF ACTION:. TABLED to meeting of July 13, 1983 for notice to applicant of overdue fees relating to water and sewer agreement. V/M Massaro MOVED to table this item to the next regular meeting and that the appropriate person contact them in an effort to receive payment of the fees due, or obtain an explanation from them before Council takes positive action. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 40. Jack LaLanne Health Studio - Special Exception/Limited Parking Waiver Discussion and possible action to approve expansion and grant permission to do the necessary work. SYNOPSIS OF ACTION: Agendized by Consent. APPROVED. (Also see Page 3) V/M Massaro said that presently there is a barber shop moving out and Jack LaLanne wants to use that space to expand his place of business. The barber shop required more parking than the health club expansion. She MOVED the approval of the expansion. SECONDED by C/M Kravitz. Tape Mr. Sidney Stein said the parking situation needs review as it is 6 a problem. V/M Massaro said that to do this would require a change in the Ordinance. Mr. Stein said one of the problems there is the Jack LaLanne studio because if one goes into the drug store they come out in five or ten minutes but when one goes into the health club, they come out hours later. V/M Massaro said this problem should definitely be addressed. -26- 6/22/83 /rb Jon Henning explained that this item is before Council today because it was submitted by Dick Rubin and Sam Stevens for review. Th-re is apparently a parking problem and people -have different opinions about why the problem exists. Jack LaLanne says it is because the bank has too many employees. Dick Rubin was reviewing the matter and was not comfortable with just passing on it without some explanation. Another situation that Council will soon hear about is the fact that the swimming pool was not con- sidered in the square footage of Jack LaLanne when in fact the swimming pool has a more intense use than the floor per square foot. Mr. Henning said that as far as the previous parking is concerned, he thinks it is either a minimum of five or one per chair for the barber shop, whereas for the health club it would be one space for every 200 feet; so there is a less intense use here. The City Attorney said the question he wishes to address is whether or not this plan is materially different than what Council approved at the time of the public hearing to approve a health spa at that location. He said at the time the Special Exception was granted, this was the same business and he does not feel that the slice that is being added will materially affect the Special Exception. The parking problem is less intense which does not solve the problem but does not create a more intense problem. Mr. Henning said as far as any action is concerned, he would recommend a Motion to authorize the planning department to proceed with the review of the plans regardless of the Special Exception or Limited Parking Waiver, and they will pass on it from there. He said he does not think it requires any more written documents or resolutions. V/M Massaro said she would like to add to her MOTION that Jack LaLanne be given permission to do the necessary work to complete the expansion. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 39. Proposed Amendment to Chapter 4 of the Code Concerning Feeding of Wild Animals - Tem. Ord. #1051. SYNOPSIS OF ACTION: Agendized by Consent. APPROVED on FirSt RPad.ing. City Attorney Jon Henning read the Temporary Ordinance by title and advised that several requests were received by his office to put together an Ordinance to take care of a nuisance and a health hazard from all ducks, particularly Muscovy ducks. A question came up as to how the people are going to know what a Muscovy duck is and are not all ducks in the area Muscovy ducks. Mr. Henning said that in order to include building in defenses and loopholes, our first reaction was to prohibit the feeding of ducks and other fowl as the word "fowl" is the term used in the City Code. But that would have outlawed pigeons, parakeets and canaries and he feels that is more than Council wished to do and thus we have the revision of today's date. The language reads. that duck feeding is prohibited, and it is a municipal Ordinance in the County Courts. Mayor Falck said one of the reasons for the received a number of requests from all over isolated areas. The complaint is that when Department to do something about the ducks, the City does not have an Ordinance against they are powerless to do anything about it. told by people at the Clubhouses, if there enforce it with their residents. -27- Ordinance is that he the City, not just in the people call the Police the Police tell them that the feeding of ducks and The Mayor said he is s an Ordinance they will 6/22/83 /rb C/M Stelzer MOVED the adoption of Temp. Ord. #1051. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE 38. School Sidewalk Installation on Southgate Boulevard SYNOPSIS OF ACTION: Agendized by Consent. Authorization to City Manager to develop this project. Vice Mayor to continue negotiations. C/M Stelzer reported that many complaints have been received about the sidewalk on Southgate Boulevard and when the days get shorter it will be darker when the children have to walk to school. He.said that the City Manager would like Council to authorize the Engineering Department to develop the specifications and the staff instructed to go to bid on the installation. V/M Massaro, said she started to work on this at the request of Mr. Cohen of Sunflower Heathgate area and she found that there is a long span involved there of two miles. She said that the plans of Florida Power & Light are almost completed for a substation on the north side of that area and she had hoped something further would come through on it. She also discussed this with people at the County and at first received rejections but since then she received partial commitment that they would assist the City,and possibly with a little more discussion with the County she could go further and she would like Council to authorize her to continue these negotiations with them and possibly in a meeting or two, she will have a positive reply for Council. Mayor Falck asked V/M Massaro if she would object to having Public Works make the necessary surveys and she replied that she would not but all that is required there is a four foot sidewalk which is a requirement of the School Board. The Mayor said he feels the Vice Mayor should continue with her contacts and at the same time authorize Public Works,if their time permits, to check into this. V/M Massaro said she hopes the sidewalk will be installed adjacent to the curb to prevent another problem with the grass in—between the sidewalk and the curb, and that the required four foot sidewalk will be installed. V/M Massaro MOVED to authorize the City manager to proceed to develop the information necessary and the Vice Mayor is authorized to continue negotiations to determine whether we can obtain the necessary help from the County and/or other agencies or organizations, in order to complete the project. SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE 29. Mission Lakes (Southgate Gardens East_) - Discussion and possible action to approve a revised landscape plan. SYNOPSIS OF ACTION: APPROVED subject to conditions. Mr. Michael Toll, representing Toll Development, displayed the revised landscape plan for Council's inspection, and Mr. Dick Rubin explained that the developer is requesting a revision to the, original site plan which complies with the Code;and the Planning Department recommends approval of the revised site plan, subject to certain conditions. Mr. Rubin said that on page 4 of the revised site plan, there is something that is not clear. The common areas between the buildings have not been indicated to be landscaped in any phase. One could assume from the drawing that either Mr. Toll would do the landscaping when the project is totally completed or that he would do a portion of each building. He stated' that based upon his experience at this project, he is requesting that Mr. Toll revise this drawing to show a portion of the common open area to be designated for landscaping when each building is constructed -28- 6/22/83 /rb so that the project will be fully landscaped when it is completed. V/M Massaro explained that the drawing shows the proportionate amount of landscaping to be constructed with each building, so that Council could approve each phase of the project as it is completed. She said the dark lines on the drawing show how the landscaping is broken up for the various buildings. The building at the extreme left of the drawing should have the landscaping completed at theinside common area. The retention areas are dug but not completed; and people are going to be moving into that building and the landscaping should not be left in the raw stage. The dark lines on the drawing show how this should be accomplished. V/M Massaro MOVED the approval of the revised landscape plan subject to the following conditions: a) Around the catch basins in the area of the landscaping strip shown on page 4, install asphalt aprons. b) That there be curbing on both sides of the asphalt adjacent to the landscaped area. c) That there be approved shade trees planted every thirty feet on the strip along Southgate Boulevard. d) That sod be placed on the east side of the second (western) retention area. e) That landscaping be completed as per the phase sketch in conformance with conversation with applicant and to be completed as buildings are completed. Mr. Toll said he objects to the condition that landscaping be completed as the buildings are completed. He -said that phases will have to be changed depending upon how the buildinqs are completed. If construction is taking place at the rear and all the equlpment is moved to the rear of the project, it would not do any good to landscape the rear of another building, up to the middle of the swale. V/M Massaro said that as different buildings are developed, Mr. Rubin has indicated areas that should be landscaped at that time, and he is not telling when a certain building should be done. Mr. Henning asked whether there is an engineering problem with the lines indicated by the City Planner. Mr. Toll said there is no engineering problem, but the building -to the east which has been recently completed should be phased the way it is now and include the east side of that building to be sodded and landscaped at the same time the recreation area is done. V/M Massaro said that is acceptable as it would allow for the lake to be sodded at the same time. Mr. Rubin showed Council the drawing indicatina the line he had, drawn as well as the one Mr. Toll 4sked to be drawn; and he requested that the area from the edge of the building to the water line be included with the building which has already been completed. Mr. Toll explained that his envelopes show the _sod line extendinq five feet past the building on the other phased areas. and felt require- ments should be consistent. He said he has a great deal of landscaping to put into the area and he would like to do it all at once. V/M Massaro said the area the people will look at must be done, as shown by our City Planner. Mr. Toll said his next problem deals with the catch basins as his engineerinc_ plans do not call for asphalt aprons; and V/M Massaro explained that the Code requires there be an asphalt apron around a catch basin. -29- 6/22/83 /rb She said these aprons will not affect the drainage if some slits are made in the concrete curb and this is done all the time. V/M Massaro suggested that the applicant get together with the City Planner to determine the lines that should be followed for the landscaping to be completed with each building. The Motion was SECO14DED by C/M Kravitz. VOTE: ALL VOTED AYE 33. Draina e Im rovements in the City - Discussion and possible action. SYNOPSIS OF ACTION: New Ordinance going before Planning Commission and will come before Council within next two meetings. City Attorney don Henning explained that Planning Commission, a new Ordinance for nonpervious construction on a lot being 37. Discussion on Proposed 4% Gas Tax SYNOPSIS OF ACTION: Agendized by Consent. Council will take no public position (See also Page 1)_ there is pending before the specifying the area of at 67%. Mayor Falck said that a request was received from the Tamarac Presidents :'ouncil about the adoption of a Resolution to oppose the gas tax and Co,unci_ received information relating to a proposed split of proceeds of 62-1/2% to go to the County and 37-1/2% to the City. Mr. Ray Munitz said that he attended a meeting at City Hall in Sunrise conducted by Commissioner Graft. At that time it was pointed out by the Mayor, the Vice Mayor and the City Attorney in the discussions -which ensued that the suit the cities have with regard to the road and bridge tax is directly related to the imposition of this 4% gas tax. Mr. Munitz said the question was addressed to Commissioner Jack Fried, Chairman of the Commission, and to Commissioner Craft and they both vehemently denied that there was any connection whatsoever. In other words, the Tamarac City Council was concerned that if it voiced an objection to the 4% gas tax it would jeopardize their case with regard to the road and bridge tax. It was'said when the question was raised, both by the floor and in private discussions, that there is absolutely no connection whatsoever. The discussion that ensued that evening was adequately covered by television and the press; everyone spoke out in opposition to this 4% tax. Mr. Munitz said he made a presentation there in behalf of the Presidents Council which went to the heart of the matter, namely that the tax is unfair, inequitable and certainly not based upon the ability to pay. He said we must realize that improvements to the road are necessary and the money must come from someplace. Going back about four or five years ago, a referendum was made for $135,000,000.00 for a bond issue, which had locked into it a 7% inflation clause, but that $135,000,000.00 was not enough, because all of the roads planned for that bond issue have not been completed and they do not have any more money to continue it. They estimate that $93,000,000.00 would be raised over a five year period by -the 4% gas tax. Everyone at the meeting spoke out in opposition of the 4% gas tax, Mr. Munitz said that saying the tax is not based upon ability to pay can be explained in two ways; one from the working individual wno earns a salary of $100.00 a week and travels 5,000.miles a year to his job, compared to an individual who earns $1,000.00 a week and travels that same 5,000 miles to his job. Obviously one can afford it more easily than the other. Secondly, the people on fixed incomes are concerned with ad valorem taxes. Obviously if the City does not receive the 4% gas tax, there will be an additional ad valorem tax. The ability to pay an ad valorem tax is far more equitable than the ability to pay the 4% gas tax. Mr. Munitz said it is very simple as a person with an -30- 6/22/83 /rb assessed home of $100,000.00 theoretically can more easily afford an ad valorem tax than a person with a $50,000.00 home; and this can be projected to $200,000.00 and $300,000.00. Mr. Munitz said that the Presidents Council does not feel the 4% has tax is the proper way to raise the money that is needed; and if Council wishes to be responsive to the will of the residents of Tamarac, they will go on record as being in opposition of this tax and pass a Resolution today to that effect. Fie said there is a public hearing scheduled for July 7th by the County, and many of the cities involved have come out in opposition to this tax. Mayor Falck said that at a meeting of the Northwest Broward Mayors Group two weeks ago, Commissioner Craft indicated that if the gas tax does not go through, the ad valorem tax would be increased. The Mayor said that the latest figures from the Department of Commerce show that approxi- mately 27% or 28% of all taxes are paid by tourists; and therefore, he cannot understand how the ad valorem tax could be better for the residents than the gas tax would be. Mr. Munitz brought up a discussion of a few years ago concerning a utility tax; and one of the reasons the City opposed the imposition of a utility tax was that it was not based upon the ability to pay and therefore, was inequitable. Mr. Munitz stated that in speaking with Commissioner Craft, he learned that a bond issue is also being considered at this time, though the cost of a bond issue today is much greater than the cost of one four or five years ago. A suggestion was also made to have a lottery to raise money needed for roads and for education. C/M Stelzer said that in referring to the agenda of the Commission meeting he noted that there were several Resolutions by our neighboring cities who agree with the 4% sales tax. He said that with any issue, the people who are against it come out and speak about it but the people who are for it never come out and speak. He said he wonders why the cities are putting out Resolutions in favor of the 4% gas tax if so many people are against it. Mr. Munitz said that the reason for those Resolutions is that the cities are not responsive to the will of the people; as there is no doubt that the people do not want this tax, and a Resolution on the part of the Council of the City of Tamarac would be important -in helping the Commissioners to come to a conclusion on this matter. He said Commissioner Jack Fried came out in definite opposition to the tax and he wrote a letter stating he definitely intends to vote against it. We also received a reply from Commissioner Forman saying he intends to vote in favor of the tax. C/M Stelzer mentioned the residents who do not own cars and said he wonders how we can tell them we will increase the ad valorem tax instead of imposing a gas tax; and Mr. Munitz said that there is no tax that - will satisfy everybody. C/M Stelzer said there are many residents in Tamarac who do not drive since their condos provide them with bus service and it would therefore be unfair to increase their ad valorem tax instead of imposing the 40 gas tax. Mr. Munitz said he feels there is no connection between the two taxes but it places the people in an unfortunate position, and all they can hope for is that the elected officials follow what they want. Mayor Falck said that the 4% gas tax in the final analysis would amount to less money for the people than the ad valorem tax. -31- 6/22/83 /rb Mr. Munitz said a discussion took place at the Commissioners meeting regarding the question of control by the County over the way the cities spend the money that results from a tax as far as that portion which filters down to the municipality level. Floyd Johnson stated they are working on a plan which gives the County control over the way the munici- palities use the money they will receive if the 4% gas tax is passed. The question of legality was also raised,. but it was not felt this would Present a'problem. V/M Massaro said she is wondering whether the City would get a portion of the gas tax if it is passed as the portion of the road and bridge tax that was promised was not received. Mayor Falck said this matter was agendized because Broward County League of Cities so requested. He said the Board of Directors of the League went on record as being in favor of the gas tax. Mr. Sidney Stein said he urges Council to take no action if they are not opposed to the 4% gas tax, so that the people can speak out. Mr. Stein said he was at the League meeting when the matter was brought up concerning the cities' portion of the tax, or whether the cities will receive anything at all. He said he feels even if the County got all the money it would still not be sufficient to carry out their program and therefore the cities will never receive any money as there is none for them to receive. He said he feels the cities would not receive the 37% promised and he wonders how many of the cities would vote for the 4% gas tax if they were not promised the 37%. He feels the Council should not support the imposition of this 4% gas tax because very little, if any, of it will filter down to us. Mayor Falck said he would recommend that Council take no action. He said that at every meeting he attended of the League and the County, the matter of the litigation on the road and bridge tax was included in the discussions. He said the County is concerned about the road and bridge tax law suit because what has been developed thus far indicates that the City of Tamarac and other municipalities in Broward County are entitled to their fair share not only as relates to the current year, but back as far as five years. He stated that Commissioner C.raft said two weeks ago at the Northwest Broward group, if the gasoline tax were not imposed, the ad valorem tax would-be raised. The Mavor said when vote was taken, he voted in favor of the gas tax as opposed to an ad v.aLorem tax. He said his personal preference is a gas tax because it is more equitable to the citizens of Tamarac than an ad valorem tax would be. Mayor Falck said he indicated to Council some meetings ago, that he was op- posed to adoption of a Resolution in favor or against the gas tax. He said he feels if the people want to go to the meeting in an attempt to convince the County not to impose the tax, that would be appropriate. C/M Stelzer said that he has been with the Presidents Council a Long time. At most meetings, there are 18 to 20 Directors present and perhaps 30 Presidents. The Board of Directors knows what will be discussed at the meeting beforehand but the general membership does not. Therefore, the membership does not know that the gas tax will be discussed and since the Presidents have not discussed :the matter with their people they would not speak up in favor of it. Mayor Falck said that before Commissioner Craft made the remark about the gas opposed to the ad valorem tax, he had never heard the comparison made before anywhere. Mr. Morton Student said he is cht�ining signatures on a petition from residents who are opposed to the 4% gas tax. City Attorney Jon Henning said he knows it is aareed that there are transportation needs in the County and that the campaigns of Commissioners Craft, Marcia Beach, Jack Fried all had the platform of transportation needs and they were all elected on the platform of roads,buses and traffic lights and they all promised to meet that need. -32- 6/22/83 /rb Mr. Henning said that as far as whether the law suit on the road and bridge tax is connected to the 4% gas tax, it appears as though the County is proposing a 65/35 split of the gas tax based upon the contingency that the road and bridge tax litigation is satisfactorily resolved prior to trial on July llth, and without a Resolution on the road and bridge tax, any agreement on the split of the gas tax revenue is meaningless. Mr. Henning said he circulated a letter to Council to this effect which was received from the City Attorney of Coral Springs who is representing the various municipalities in this matter. Mr. Henning said he feels since the County has tied these two taxes togethO-r, we cannot separate them. C/M Stelzer MOVED that the City of Tamarac take no public position on the 4% gasoline tax but that the public be encouraged to participate in County sponsored public hearings on the subject to express their feelings. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 36. City Attorney Report City Attorney Jon Henning reported on the federal law suitx regarding solicitation hours and various provisions of the City's solicitation Ordinance. He said that on March 9th Council had a Second Reading of an Ordinance setting up the hours for door to door solicitation to be 10:00 A.M. through 4:00 P.M. He said the matter has gone to a federal suit and it appears that the City hours for solicitation are not defensible; but there would be a fighting chance with hours of 9:00 A.M. to 6:00 P.M. Mr. Henning said he has prepared a brief Ordinance which would amend the hours of 10:00 A.M. through 4:00 P.M. to 9:00 A.M. through 6:00 P.M., but if Council stands by the 10:00 through 4:00 hours, the City will eventually receive a court order to change them. C/M Kravitz MOVED to Agendize this by Consent. SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE 42. Amendment to Ordinance for Solicitation and Canvassi.na - SYNOPSIS OF ACTION: Agendized by Consent. Motion to approve died for lack of second. City Attorney Jon Henning read the amended Ordinance by title and Mayor Falck suggested it be approved on First Reading today. C/M Stelzer MOVED to approve this Ordinance but the Motion died for lack of a second. 36. City Attorney Report (cont'd) Mr. Jon Henning reported that regarding Tract 44, the orders from Leadership Housing and Mini Mart Development were granted and the City has filed a Motion for a rehearing and reconsideration. The County has concurred with the City's Motion and are joining in the Motion for reconsideration and rehearing. 34. Council 1e prts C/M Stelzer -- No report C/M Krantz reported that he has made arrangements with the Tamarac Fire Department for some of their personnel to give free CPR classes -to the residents of Tamarac. These classes will be held in Council Chambers on the first and third. Fridays of every month and will be given by personnel trained and certified by the American Heart Associatioi C/M Kravitz reported that grant securer, Mr. Ceasar, is being paid $1,250.00 per month and was asked to submit reports to Council. It was requested that he be here today to give Council a report on what he is working on, but he has not appeared and nothing has been re- ceived in writing. C/M Kravitz requested that the City Manager contact -33- 6/22/83 /rb Mr. Ceasar for a report showing exactly what he has been doing for the City, as nothing has been received to show what he has done last month or this month. Mayor Falck reported that a few things disturbed him at the recent meeting of the State Board, all of which relate to the effects on our financial budget for 1984. He said, firstly, legislature has passed a law that says municipalities shall increase by $50,000.00, the death benefit for firemen and the City will -be required to provide that benefit and pay for it. The Mayor said that secondly, a law was passed for educational incentive benefits to be made available to firemen on exactly the same basis as for the police and this too will affect the expense situation next year. Mayor Falck suggested we get details relating to this new law since he anticipates the expense of educational benefits to firemen will be much greater than it is to police since firemen work 24 hours and are off 48 hours which puts them in a position to take more advantage of the educational programs. The third item, Mayor Falck said, is the decided reduction in revenue sharing. He does not know the amount at this time because the City's situation must be analyzed as it relates to the existing payment, but it will be reduced and will not be even equal to the amount the City received in 1983. Mayor Falck said that a decision just came down from the United States Supreme Court, increasing the pregnancy benefits for spouses of male employees which will affect the cost of providing hospitalization benefits for the City's employees. The meeting was adjourned at 4:35. ATTEST: ASSISTANT CITY CLERK This document was promulgated at per copy, to inform the general employees about recent opinions of the City of Tamarac. MAYOR r a cost of $ 289.42 or $ 8.03 public and public officers and and considerations by the City Council -34- 6/22/83 /rb APPROVED AT MEETii''G Gr i ffy C1,ak