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HomeMy WebLinkAbout1981-07-08 - City Commission Regular Meeting Minutes7,p F. O. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, JULY 8, 1981 CALL TO ORDER: 9:30 A.M. ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a speci- fic time to be heard, and will entertain motions from Council members to table those items which require additional research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. TAMARAC UTILITIES 1. West - Bid Award -- Tem . Reso. #1960 -- Discussion and possible action to award a bid for two (2) vertical pumps. 2. East - Discussion and possible action to approve an Agreement with Broward County Environmental Quality Control Board per- taining to advance wastewater treatment by Temp. Reso. #1961. BOARDS AND COMMITTEES 3. Board of Adjustment - Temp. Reso. #1962 - Discussion and pos- sible action to appoint two (2) regular and two (2) alternate members to this Committee. 4. Welcoming Committee - Discussion and possible action on: a) Accepting resignations of Dorothy S. Kravitz and Helen Sobel. b) Appointment of two (2) members by Temp. Reso. #1963. c) Appointment of honorary member by Temp. Reso. #1958. 5. Public Information Committee - Discussion and possible action on: a) Accepting resignation of Estelle Forster. b) Appointment of one (1) member by Temp. Reso. #1964. 6. Consent Agenda - Items listed under Item #6, Consent Agenda, are viewed to be routine and the recommendation will be en- acted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Minutes of 5/18/81 - Emergency Meeting - Approval recom- mended by the City Clerk. b) Minutes of 6/10/81 - Regular Meeting - Approval recommended by the City Clerk. 7/8 Pg.1 Approved-Davco Mfg. Co. for $4,774.26. 7/8 Pg.2 Approved. 7/8 P g. 2 Approved -with app.J.Kane,Jr. & W.Danyluck, (expires 7/84; G.Hincken,H. Newman 7/8/82. 7/8 Pg.2- - - - a);and b) approve, appoint H.MartiF & M.Student, c)approved,C/M Kravitz honcrar� member _ _ 7� Pg. 3 a)approved & b) appointment of Dyer Schiller term expires 5/11/82. 7/8 Pg. 3 a) thru k) approved. � r � p A r-P Twn - c) Alan F. Ruf - Consulting Attorney - 6/23/81 - $1,320.00 - Approval recommended by the City Attorney. d) Alan F. Ruf - Consulting Attorney - 7/1/81 - $400.00 - Approval recommended by the City Attorney. e) Alan F. Ruf - Consulting Attorney - 7/1/81 - $350.00 - Approval recommended by the City Attorney. f) Michael A. Shift & Associates, Inc. - Capital Improvement Program - Acceptance of report entitled "A Guide to Capital Improvement for the City of Tamarac". g) Michael A. Shiff & Associates, Inc. - Capital Improvement Program Services - 6/15/81 - $4,750.00 - Approval recom- mended by City Manager. (tabled from 6/24/81) h) Mitchell Ceasar -W Grants Consultant - 6/18/81 - $8.99 Expenses - Approval recommended by the City Manager. i) CPS Construction Company -- Removal of Lime Sludge at T.U. West - Approval recommended by the City Engineer of payment of $3,600.00 for lime sludge excavated from lagoon. j) Bid Award -- Fire Department Vehicle - Authorization to award a bid to Hollywood Chrysler -Plymouth for a Chrysler LeBaron instead of a Dodge Diplomat, which has become un- available, at same bid price. k) Festival of Lights - Authorization to accept contributions to be collected by the Holiday Committee. GENERAL ADMINTSTRATIVE/FINANCIAL 7. Revised Personnel Manual - Temp. Reso. #1936 - Discussion and 7/8 Pg. 1 possible action to approve a revised Personnel Manual. Tabled to 7/22 Meeting. (tabled from 6/24/81) 8. City/County Relations - TT.-Reso. #1959 -- Discussion and 7/8 Pg. 4Motion defeated possible action endorsing the creation of the position of Assistant City Administrator, to improve relations between Lack of majored the County and Municipalities. Vote. 9. Emergency Repair - Public Works - Temp. Reso. #1965 - Discus- 7/8 Pg. 4 sion and possible action on emergency repairs required for a Approved front end loader. PUBLIC HEARINGS - 2:00 P.M. 10. Budget Amendment - Tem_p. Ord. #898 - Discussion and possible 7/8 Pg. 15 action on an amendment to the General Fund Budget for Fiscal Approved 1st Reading as Year 1980/1981. First Reading. amended. 1. y --- -P -ning - - #901 - Discussion lthe Tlands Ooccupied 7/8 Pg.17 and possible actiontorezone by the v Rep on 1st Tamarac Fire Station #2 at 4801 W. Commercial Boulevard from Reading. B-1 to I-1. First Reading. 12. Land Dedication for Local Park Purposes - Temp. Ord. #760 - 7/8 Pg. 17 Discussion and possible action to require, at time of site Approved on 2nd plan approval, local park land dedication for propert.y._ wl-ii.c.h.. . Final Reading. has been platted. Second Reading. 13. Pension Plan - Temp. Ord. #861 - Discussion and possible 7/8 Pg. 17 action to amend Section IV of the Retirement Plan to allow tabled-7/22/81 Firefighters to voluntarily increase their retirement ages. verif.transmitt Second Reading. al to the state 14. Enforcement of Zonin Re ulations - Temp. Ord. #886 - Discus- sion and possible action to designate the official authorized to enforce the zoning regulations within Chapter 28 of the City Code. Second Reading. 15. Sale of Used Merchandise - Temp. Ord. #888 - Discussion and possible action to amend Ordinance 80-98 to modify the age requirements. Second Reading. LEGAL AFFAIRS A, 16. Cable TV Rates - Temp. Ord_. #895 - Discussion and possible action on a request for rate increase by American Video Cor- 1:30 PM poration. First Reading. (tabled from 6/24/81) 17. Motor Vehicle Parking Restrictions - Temp. Ord. #896 - Discus- sion and possible action to amend Section 15-4 of the Code to prohibit parking on Woodlands Boulevard. First Reading. 18. Occupational License Fees - Tem12. Ord. #899 - Discussion and possible action to amend Section 41 of Ordinance No.72-29, by revising the fee schedule. First Reading. 19. Montwood, Inc. - Water Retention Areas in Land Section 4 - Temp. Reso. #1966 - Discussion and possible action to accept an Assignment of Excess Retention provided on the Woodmont Golf Course. COMMUNITY DEVELOPMENT 20. Tro ical Gardens - Petition #8-Z-81 - Discussion and possible action to grant a limited waiver to parking requirements of Chapter 18 of the Code for a business located at 7910 Univer- sity Drive, Tamarac, by Temp. Reso. #1950. 21. St. Malachy Church - 'Temp. Reso. #1957 - Discussion and pos- sible action to accept a Quit Claim Deed offered by the Arch- diocese of Miami for a road right-of-way for N.W. 61st Street. 22. Wellens Furniture Store - Revised Site Plan - Discussion and possible action on a revised site plan for an addition. 23. Woodlands Country Club - Revised Site Plan - Discussion and possible action on a revised site plan for the tennis Pro -Shop replacement. 24. Northwood II - Revised Site Plan - Discussion and possible action on a revised site plan for revision of certain lot sizes for 26--foot units. 25. Springlake II - Revised Site Plan - Discussion and possible action on a revised site plan for the Recreation Area. 26. Tamarac Plaza (7310 McNab Road) - Revised Site Plan - Discus- sion and possible action on a revised site plan for sign re- location. 27. Banyan Lakes Phase III - Discussion and possible action to approve a Water and Sewer Developers Agreement and Addendum for this project. 28. Pines III (Woodmont Tract 54) - Model Sales Facility - Discus lion and possible action on a request to permit a model sales facility at another location. (tabled from 6/24/81) 29. Drainage Improvements -- Western Area of the City - Discussion and possible action. .17 7/8 Dlic Hearing to 7/22/81 7/8 Pg. 18 Adopted 2nd & final reading. 7/8 Pg. 13 Denied 7/8 Pg. 4 Approved lst Reading. 7/8 Pg. 11 Approved as an -ended, lst Readin_ _ _ _ 7/8 Pg. 4 Approved. 7/8 Pg. 9 Approved as Amended. 7/8 Pg. 5 Tabled-7/22/81 question of legality. 7/8 Pg. 6 Tabled 7/22/81 7/8 Pa. 10 Tabled 7/22/81 Staff review. 7/8 Pg. 18 Approved w/ conditipns. 7/8 Pg. 19 Tabled-7/22/81 7/8 Pg. SApprov w/sign location shown.C.Mgr. check permits. 7/8 Pg. To — Approved as amended with conditions. 7/8 Pg. i9 Approved for 6 mos.from this date _ _ 7/8 Pg. 5 - Removed-7/22 Meeting 122rl hreliielw REPORTS 30. City Council 31. City Manager 32. City Attorney Council may consider such other ,business as may come before it. Pursuant to Chapter 80 - 105 of Florida Law, Senate Bill No. 368: If a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF TAMARAC CAROL A. EVANS ASSISTANT CITY CLERK For informational purposes, following are the residential and commercial zoning districts in the City: R-1 - Single Family Residence R-lB & R-lC - One -Family Dwelling R-2 - Two -Family Dwelling RD-7 - Two -Family Dwelling R-3 - Low Density Multiple Dwelling R-3U - Row House RM-10 - Planned Apartment R-4A - Planned Apartment B-1 - Neighborhood Business Center B-2 - Planned Community Business B-3 - General Business B-5 - Business District B-6 - Business District PUBLIC HEARINGS/SPECIAL MEETINGS/WORKSHOPS 1981-1982 Budget Workshops Tuesday July 7, 1981 Thursday July 9, 1981 Friday July 10, 1981 Wednesday July 15, 1981 Friday July 24, 1981 Tuesday July 28, 1981 Thursday July 30, 1981 1:30 to 4:00 PIM 10:00 AM to 12:30 PM 10:00 AM to 12:30 PM 1:30 to 4:00 PM 10:00 AM to 12:30 Pk1 10:00 AM to 12:30 PM 10:00 API to 12:30 PM Tuesday, July 7, 1981 - 9:00 A.M. - Revenue Sharing Hearing Friday, July 10, 1981 - 1:30 P.M. - Workshop - Federated Department Stores Inc. 33. Limited Agricultural (A-1) Zoning District - Temp. Ord. #885 - Discussion 7/8,Pg. 7, and possible action to amend Section 28-171.2 of the Code to permit di.s- Agend.by Cons. tributor transformer stations and setting forth conditions for such use APPROVED on within this district. First Reading. First Readin . � r � CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING JULY 8, 1981 CALL TO ORDER: Mayor Walter Falck called the meeting to order on Wednesday, July 8, 1981, at 9:30 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Irving M. Disraelly Councilwoman Helen PZassaro Councilman Irving Zemel Councilman Philip B. Kravitz ALSO PRESENT: City Manager, Laura Z. Stuurmans Assistant City Clerk, Carol A. Evans Secretary, Mimi Reiter ABSENT & EXCUSED: City Attorney, Arthur 12. Birken MEDITATION & PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck took cognizance of the fact that the City Attorney, Arthur Birken, collapsed suddenly this morning, and was taken to University Hospital. He indicated that Alan Ruf, the Consulting Attorney was contacted, and would be in attendance as soon as possible. The Mayor reviewed the schedule of items on this day's Agenda. V/M Disraelly advised that an item was tabled at the last meeting, to the July 8th meeting, but was an inadvertent error on the part of the City Clerk, by not including it. This related to Limited Agricultural (A-1) Zoning District -- Temp. Ord. #885, by First Reading; and would recommend that it be Agendized by Consent. C/W Massaro suggested that this item be called for action and consideration, when Mr. Ruf is in attendance, because she would like a legal opinion on this. GENERAL ADMINISTRATIVE/FINANCIAL 7. Revised Personnel Manual - Temp. Reso. #1936 - Discussion and possible action to approve a revised Personnel Manual. SYNOPSIS OF ACTION: Tabled to 7/22/81 meeting. V/M Disraelly MOVED to table this item to the meeting of July 22, 1981_, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. TAMARAC UTILITIES 1. West - Bid Award - Temp. Reso. #1960 - Discussion and possible action to award a bid for two (2) vertical pumps. SYNOPSIS OF ACTION: Approved to Davco RESOLUTION NO.R- % — ���" PASSED. Manufacturing Co. $4,774.26. �in the amount of V/M Disraelly read Temp. Reso. #1960. Mrs. Stuurmans advised that the Engineering Department, on behalf of the Utilities West operation, indicated that the bid be awarded to the lowest bidder, Davco Manufacturing Co., at a unit price of $2387.13, and a total price of $4,774.26. She indicated that the City Manager's office concurred with the recommendation. V/PSI Disraelly MOVED that Temp. Reso. #1960 be adopted, awarding the bid to Davco Manufacturing Co. of Thomasville, Georgia, for two(2)pumps in the amount of $4,774.26, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. 2. East - Discussion and possible action to approve an Agreement with Broward County Environmental Quality Control Board pertaining to advance wastewater treatment by Temp. Reso. #k1961. -1- 7/8/81 mr/ SYNOPSIS OF ACTION: Approved RESOLUTION NO.R- 3"17 PASSED. V/M Disraelly read Temp. Reso. #1961. Mayor Falck said that considerable input was provided by the City Attorney and the City Engineer; and a similar proposal was re- cently completed for Tamarac Utilities West. Fie concurred with the recommendation to enact this resolution. C/W Massaro MOVED to approve Temp. Reso. #1961, and V/PZ Disraelly SECONDED. VOTE: ALL VOTED AYE. BOARDS AND COMMITTEES 3. Board of Adjustment - Tem Reso. #1962 - Discussion and possible action to appoint two (2) regular and two (2) alternate members to this Committee. SYNOPSIS OF ACTION: Approved, with appoint- RESOLUTION NO.R- / - I PASSED. ment of James J. Kane, Jr. and Willian R. Danyluck, as regular members, with terms to expire 7/8/84; and George A. Fiincken and Harold H. Newman, as alternates, with terms to expire 7/8/82. V/M Disraelly read Temp. Reso. #1962, and advised that the terms have expired for James J. Kane, Jr. and William R. Danyluck, as regular members; also, the terms of George A. Hincken and Harold H. Newman, have expired, as alternates. Ile noted that these four men have done an excellent job on this Committee, and would nominate James J.Kane, Jr. and William R. Danyluck, as regular members, with three year terms to expire July 8, 1984; and George A. Hincken and Harold H. Newman, for one year terms to expire July 8, 1982. C/W Massaro recommended that the nominations be closed. V/M Disraelly MOVED that Temp. Reso. #1962 be approved, appointing James J. Kane, Jr. and William R. Danyluck, as regular members, for a term of three years, to expire July 8, 1984;also,George A. Hincken and Harold H. Newman, as alternate members, for a term of one year, to expire July 8, 1982. C/W Massaro SECONDED the motion. VOTE: ALL VOTED AYE. 4. Welcoming Committee - Discussion and possible action on: a) Accepting resignations of Dorothy S. Kravitz and Helen Sobel. b) Appointment of two (2) members by Temp. Reso. #1963. c) Appointment of honorary member by Temp. Reso. #1958. SYNOPSIS OF ACTION: a) Approved; b) Approved, with appointment of Herman Marin and RESOLUTION NO.R- PASSED. Morton Student, with terms to expire 12/10/81; and c) Approved, naming RESOLUTION NO.R--XZ_V 2.� PASSED. C/M Kravitz as honorary member. a) C/P!I Kravitz MOVED to accept the resignations of Dorothy S. Kravitz and Helen Sobel, as per their request, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. b) V/M Disraelly read Temp. Reso. #1963. C/M Kravitz indicated there were six proposed candidates for the Committee, and nominated Mary Lawson and Morton Student. C/M Zemel nominated Herman Marin; with the nomination of Mollie Goldstein by C/W Massaro. Ballots were marked and submitted to the Assistant City Clerk; with the final count being; Mollie Goldstein -- 1, Mary Lawson - 2, IiA5 7/8/81 mr/ L. -::] Herman Marin - 3, and Morton Student - 4. (ATTACHMENTS #1 thru #5) V/M Disraelly MOVED that Temp. Reso. #1963 be adopted, appointing Herman Marin and Morton Student to the Welcoming Committee, with terms to expire on December 10, 1981, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. c) V/M Disraelly read Temp. Reso. #1958, and C/W Massaro MOVED for its approval, which indicates the appointment of Councilman Kravitz, as honorary member to this Committee, and V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 5. Public Information Committee - Discussion and possible action on: a) Accepting resignation of Estelle Forster. b) Appointment of one (1) member by Temp. Reso. #1964. SYNOPSIS OF ACTION: a) Approved; and RESOLUTION NO.R- a PASSED. b) Appointment of Pleyer Schiller, with a term to expire on 5/11/82. a) C/M Kravitz recommended acceptance of the resignation of Estelle Forster, as per her memorandum, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. b) V/M Disraelly read Temp. Reso. #1964. C/M Kravitz nominated Mr. Meyer Schiller for appointment to the Public Information Committee. Mayor Falck closed the nominations. C/W Massaro MOVED that Temp. Reso. 41964 be approved, appointing Mr. Schiller to the Public Information Committee, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. 6. Consent Agenda a) Minutes of 5/18/81 - Emergency Meeting - Approval recommended by the City Clerk. b) Minutes of 6/10/81 - Regular Meeting - Approval recommended by the City Clerk. c) Alan F. Ruf - Consulting Attorney - 6/23/81 _ $1,320.00 - Approval recommended by the City Attorney. d) Alan F. Ruf - Consulting Attorney - 7/l/81 - $400.00 - Approval recommended by the City Attorney. e) Alan F. Ruf -- Consulting Attorney - 7/1/81 -- $350.00 - Approval recommended by the City Attorney. f) Michael A. Shiff & Associates, Inc. - Capital Improvement Program - Acceptance of report entitled "A Guide to Capital Improvement for the City of Tamarac". g) Michael A. Shiff & Associates, Inc. - Capital Improvement Program Services - 6/15/81 - $4,750.00 - Approval recommended by City Manager. (tabled from 6/24/81) h) Mitchell Ceasar - Grants Consultant - 6/18/81 - $8.99 Expenses - Approval recommended by the City Manager. i) CPS Construction Company - Removal of Lime Sludge at T.U. West - Approval recommended by the City Engineer of payment of $3,600.00 for lime sludge excavated from lagoon. j) Bid Award - Fire Department Vehicle - Authorization to award a bid to Hollywood Chrysler -Plymouth for a Chrysler LeBaron instead of a Dodge Diplomat, which has become unavailable, at same bid price. k) Festival of Lights - Authorization to accept contributions to be collected by the Holiday Committee. SYNOPSIS OF ACTION: a) thru k) Approved V/M Disraelly MOVED to approve Items a) through k), and complimented the City Clerk on the minutes of June loth, which were lengthy, but well done. C/W Massaro SECONDED the motion. -3- 7/8/81 mr/ VOTE: ALL VOTED AYE. GENERAL ADMINISTRATIVE/FINANCIAL 8. City/County Relations - Temp. Reso. #1959 - Discussion and possible action endorsing the creation of the position of Assistant City Admin- istrator, to improve relations between the County and Municipalities. SYNOPSIS OF ACTION: Motion defeated due to lack of majority vote. V/M Disraelly read Temp. Reso. #1959, and was an attempt by the County for better liaison between the Cities and the County. He MOVED for the adoption of Temp. Reso. #1959. C/W Massaro said she was reluctant to second this motion, because it was a waste of money. Mayor Falck relinquished the gavel to the Vice Mayor, and SECONDED the motion, because of the need,at the present time. VOTE: C/M Kravitz - Nay C/M Zemel - Nay, because it was advertised improperly, as City Administrator. C/W Massaro - Nay V/M Disraelly - Aye Mayor Falck - Aye V/M Disraelly returned the gavel to Mayor Falck, who then declared that the motion was defeated due to lack of majority vote. 9. E__ _er�enc�? r -- Public Works - Temp. Reso. #19mRepai _ Pu 65 - Discussion and.� possible action on emergency repairs required for a back -hoe loader_. SYNOPSIS OF ACTION: Approved RESOLUTION NO.R- &--/J�/ PASSED. V/M Disraelly read Temp. Reso. #1965. Mrs. Stuurmans advised that Council received an estimate, which was submitted by Staff, from Massey -Ferguson Inc., in the amount of $5865.25, for parts and labor in the repair of the back -hoe equipment. She ad- vised that there was money available in the Public Works budget for this work. C/W Massaro felt it was essential that this back -hoe be repaired as quickly as possible, because there was no other equipment to do this, and was a costly item for replacement. She MOVED for the adoption of Temp. Reso. #1965, authorizing the emergency repairs, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 17. Motor Vehicle Parking Restrictions - Temp. Ord. #896 -- Discussion and possible action to amend Section 15-4 of the Code to prohibit parking on Woodlands Boulevard. First Reading. SYNOPSIS OF ACTION: Approved on 1st Reading C/W Massaro read Temp. Ord. #896, and V/M Disraelly MOVED for its adoption, on first reading, and C/M Kravitz SECONDED. It was noted that second reading would be held on July 22nd, 1981. VOTE: ALL VOTED AYE. 19. Montwood, Inc. - Water Retention Areas in Land Section 4 - Temp. Reso. #1966 - Discussion and possible action to accept an Assignment of Excess Retention provided on the Woodmont Golf Course. SYNOPSIS OF ACTION: Approved RESOLUTION NO.R-- ?F L^PASSED. -4-- 7/8/81 mr/ r � r V/M Disraelly read Temp. Reso. #1966, and C/W Massaro MOVED for its adoption, with a SECOND by C/M Kravitz. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 29. Drainage Improvements - Western Area of the City -- Discussion and possible action. SYNOPSIS OF ACTION: Removed, but is a continuing item for the 7/22/81 meeting. C/W Massaro MOVED to remove the item, but would be continued at the July 22nd meeting, and C/M 2emel SECONDED. VOTE: ALL VOTED AYE. 26. Tamarac Plaza (7310 McNab Road) - Revised Site Plan - Discussion and possible action on a revised site plan for sign relocation. SYNOPSIS OF ACTION: Approved, with sign location to be shown, and the City Manager to check for necessary permits. V/M Disraelly said this item was discussed at the Beautification Committee, relating to moving a sign from its old location to a new one on McNab Road. Ile said the sign was installed, but it was re- vealed there was no site plan, and questioned whether a permit was pulled. He then MOVED for approval of the site plan which would show the location of the sign, under the parameters of the City Code. C/W Massaro SECONDED the motion, and requested that the City Manager check for necessary permits. VOTE: ALL VOTED AYE. 21. St. Malachy Church_ - Temp. Reso. #1957 - Discussion and possible action to accept a Quit Claim Deed offered by the Archdiocese of Miami for a road right-of-way for N.W. 61st Street. SYNOPSIS OF ACTION: Tabled to 7/22/81 meeting, for the question of legality. V/M Disraelly read Temp. Reso. #1957, and advised that this has been an on -going problem for a number of years, in an endeavor to obtain a traffic light on the corner. He also indicated that the County wanted rights -of -way clarified, in order to get the proper dedication to the public. The Vice Mayor MOVED to accept Temp. Reso. #1957, whereby the proper rights--of-way will be dedicated to the public. C/W Massaro said she would be in favor of accepting the Quit Claim Deed, but felt the City Attorney should hold this, until other problems have been resolved. She would be reluctant to record this deed until everything has been resolved, as relates to the determination of who puts the roads in, and whether there will be a dedication on the other side. V/M Disraelly said there are steps to be taken with the building of the road, and action taken on the west side of 61st Street, but felt there were several methods for handling this situation. He felt that if it is not recorded, and some other action is taken, then it might be taken back. C/W Massaro said it could be held for a future meeting, with a deter- mination made at the .July 22nd meeting, and would second it under those circumstances, if the maker of the motion agrees. Mrs. Stuurmans said that in the City's history there were deed given, and reported perfunctorily without being accepted by Council. She felt that the grants could now be questioned as to whether it is a matter of the City's responsibility, because there was never an offi- cial acceptance. The City Manager said to accept at this point, re- -5- 7/8/81 mr/ gardless of the hold on the recordation, the commitment would still have been made. She felt the matter might be tabled entirely, or wait for Mr. Ruf to be in attendance, as to the issue raised by C/W Massaro, and those views expressed by the Vice Mayor. Tape #2 V/M Disraelly felt that a legal question was presently involved, and the motion should stand, or wait for clarification, but not with a condition. C/W Massaro MOVED to table the item to the July 22nd meeting, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. 22. Wellens Furniture Store - Revised Site Plan - Discussion and possible action on a revised site plan for an addition. SYNOPSIS OF ACTION: Tabled to 7/22/31 meeting. Irving Wellen introduced his architect, Joseph Phillips, who indicated that the well -field has to be relocated to the west, because it was presently in the area where the new building will be constructed. V/M Disraelly said the greens area should be curbed, where it involves certain areas where the parking markers are broken. Mr. Phillips indicated there is more existing parking than required by the ordinance, and the proposed addition does not call for changes on the site plan, other than within the perimeter of the building itself. He felt that everything existing does meet the standatds,or was previously approved. V/M Disraelly said the ordinance requires curbing of those islands where they are separating more than ten spaces; also, requiring trees to be planted in each of the islands. He confirmed the fact that the new site plan was for the entire project, and not only for the two new buildings. lie then suggested that the islands between parking spaces #48 and #49, #24 and #25, require curbing,- and a tree to be planted in each one. Mr. Phillips did not recall the conditions on the prior approval on the first two buildings, and whether the trees and curbings were shown, but not installed. V/M Disraelly said there was only one tree in the area, and would re- quest that the site plan be redlined, as to curbing and trees. C/W Massaro suggested that if approval is given, it should be subject to formal approval by the Beautification Committee, and then brought ;aack. to Council for co,iaideration. V/M Disraelly said the curbing, trees, and 2 loading zones should be marked "no parking", with yellow lines. C/W Massaro said retention or a fee has not been addressed on this' project, and does require 5% retention on every parcel of land. She said that because they do not have an open area, such as a lake or canal system, then the 5.b of the acreage would be computed, and multi- plied at $35,000 per acre of the required retention; which fee is ap- plicable at this time. She further stated this would be subject to required retention fee on the entire parcel, and if not paid, it is applicable to the entire parcel of land. V/M Disraelly MOVED for approval of the revised site plan, for Wellens Furniture, provided that there is curbing put between parking areas #16 and #17, #24 and #25, #48 and #49, and #56 and #57; and, that if no tree is existing at the present time, that a tree be placed in each of the four locations, in addition to a tree adjacent to parking spaces #1, #8 and #64. That the two loading zones at the north of the building be marked, "no parking"; that if the proper retention for this area of approximately 2 acres has not been paid for, at 5% retention for the 2 acres, at a sum of $35,000 per acre, it shall be paid before the permits are granted for the building. C/W Massaro SECONDED the MOTION, and clarified that the $35,000 is not for the full 2 acres, but is 50 of the 2 acres. Me: 7/8/81 mr/ C/M Kravitz requested clarification, because the question of beautifica- tion, retention and several other factors were involved. Ile felt it should not be approved subject to completion of these items, but to have everything corrected, and then take action at the next meeting of July 22nd. C/W Massaro felt that the suggestion made by C/M I:ravitz, did have merit, and was overlooked, because the money was required this day, prior to approval. She felt it could very quickly be checked in the Finance Department, as to whether fees have been paid. Mr. Wellen confirmed the fact that the retention fee was based upon $35,000 per acre, but there were approximately 2 acres, to which C/W Massaro said computation was 5% of .1 acres of retention,times $35,000; which would be $3500 plus or minus. Mr. Phillips inquired whether the ten (10) feet dedicated road right-of- way land could be deducted, to which C/W Massaro responded that it was proper. V/M Disraelly RESCTNDED HIS MOTION, and C/W Massaro RESCINDED HER SECOND, which related to the conditional acceptance. Mr. Wellens requested that the item be tabled. C/M Kravitz MOVED to table the item to the July 22, 1981 meeting, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. Mayor Falck requested that the City Clerk be informed as to whether they will be available for the July 22nd meeting. Alan F. Ruf, the Consulting Attorney, was in attendance at this time. V/M Disraelly discussed an item that was tabled from the previous meeting, but was inadvertently not included by the City Clerk in this day's agenda, and pertained to an ordinance on first reading, with advertisement for the prior meeting. Mr. Ruf felt it could be agendized by consent, and action taken. 33. Limited ASIricultural (A-1) Zonin District - Tem__Ord. __. _8.._85 - - Discus- sion and possible action to amend Section 28-171.2 of the Code to permit distributor transformer stations and setting forth conditions for such use within this district. First Reading. SYNOPSIS OF ACTION: AGEYIDIZED BY CONSENT Approved on lst reading, as amended. V/M Disraelly MOVED to AGE14DIZE BY CONSENT the item of Limited Agricul- tural (A-1) Zoning District -- Temp. Ord. ##885, and C/W Massaro SECONDED. VOTE: C/M Kravitz - Aye C/M Zemel - Aye, based on Mr. Ruf's opinion C/W Massaro - Aye, based on Mr. Ruf's opinion V/M Disraelly - Aye Mayor Falck - Aye V/M Disraelly read Temp. Ord. 4885, and said there was discussion at the previous meeting relating to wood versus concrete poles, which should be included in this discussion. Rich Arlington of FP&L, requested a change in the fence, which calls for 12 feet, but there is a 7 foot fence in the normal substation, with 1 foot of barbed wire; and, would like this changed, from 12 to 7 feet. V/11 Disraelly indicated that the ordinance does not describe the height of the fence, but was a request from the Planning Commission. It should state, he said, at the end of line 1, "distributor transformer stations for direct service to customer shall provide a safety fence, at least seven (7) feet high". Another request from the Planning Commission was to have it state,"distributor transformer station or electrical utility substation". -7- 7/8/81 mr/ � � r Mr. Arlington said noted as "electric former station. it is normally called a substation, and could be utility substation" in place of distributor trans- C/W Massaro felt inclusion should be made, as to the enclosure being subject to the approval of Council, to which C/M Zemel concurred. V/A1 Disraelly reread line i),to read as follows: "electric utility substation for direct customer service, shall have an enclosure at least seven (7) feet high, subject to the approval of Council, pro- viding its minimum setback shall be 25 feet on all sides" etc. It was indicated that page 2, line 2, should read "outside perimeter of the substation"; also subparagraph (2), on line 5, should read "A continuous hedge is to be placed around the outside perimeter of the enclosure", etc. V/M Disraelly MOVED for adoption of Temp. Ord. #885 on first reading, as amended, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. V/M Disraelly discussed the fact that concrete poles have been in- stalled by FP&L throughout the City's history. lie said it has been noted that on the corner of McNab Road and University Drive, that some wood poles were put in. He further stated that Mr. Arlington indicated they were CCS green poles, which were to replace the concrete poles. The Vice Mayor stated that two days hence he noticed that a black pole was installed; and was advised that the black poles go to 65 feet, with the green poles having a height of 55 feet. He also stated that a discussion was held on the cost of wood versus concrete, which resulted in removal of the black pole, and installation of the concrete pole. Since that time, he said, two additional green poles were installed, one being adjacent to the Shell property, and another adjacent to the Family Mart property, which were moved inboard to the east, off the right-of-way that is apparently on private property. Ile felt the mixed poles of concrete and wood was an unsightly situation. V/11 Disraelly said it was called to his attention that on 77th Street, where it will feed into the new F & R tract, that contemplation was for the erection of wood poles for the entire new section, with trans- mission lines. Approximately one year previous, he said, it was also called to Council's attention, when this occurred on 80th Avenue going north. They were not pleased about this installation, but could do nothing about it, because it was already completed. Ile called attention to Council on this installation of the wood poles along 77th or 78th Avenue, which should be reviewed and considered. The situation, he said, which has been created on McNab Road and Univer- sity Drive is detracting from this beautifil City. Bill Peery of FP&L, and the District Consumer Services Supervisor, said the reason for the wood poles was because they are less costly than the concrete, but in the past they did not have such a cost differential. Ile also indicated that they were prevented by law from giving preferen- tial treatment to any individual or locality. Ile further stated that if some parties were willing to come forth, and pay the difference in cost for the concrete poles, they would be willing to work with them, and give estimates on concrete versus wood. V/M Disraelly said lie felt strongly that if a concrete pole is to be removed, then it has to be replaced with the same kind, because there was no proposal submitted. He additionally stated that a concrete pole was removed, which everyone preferred, and it was replaced with a wood pole, without dialogue. That corner of McNab Road and University Drive was undergoing a drastic change, and it was felt that FP&L was creating the situation. Mr. Peery said that due to deterioration of poles, there is a need for Tape changes. #3 C/M Zemel felt this item would require lengthy discussions by Council, Ct:1: 7/8/81 mr/ which might require the creation of legally sufficient ordinances. Ile was unhappy with everything being discussed, and felt it was im- proper, and the concrete poles should not be removed,to be replaced by wood poles. Inquiry was made by V/M Disraelly as to who the City Attorney could contact. Mr. Peery suggested that contact could be made with John Rasterland, the District Manager, who replaced Jim Morrell, at 781-5800 E xt.200. C/W Massaro requested that Alan Ruf make this call prior to the lunch period, in order for Council to take action on the McNab Road work. The Vice Mayor indicated to Mr. Ruf that consideration should be given to the entire stretch of lines which carries the transmission east and west. MEETING WAS RECESSED FOR FIVE MINUTES. CODIIIU14ITY DEVELOPMENT 20. Tropical Gardens - Petition 08-Z--31 - Discussion and possible action to grant a�limited waiver to parking requirements of Chapter 18 of the Code for a business located at 7910 University Drive, Tamarac, by Temp. Reso #k1950. SYNnPSIS OF ACTION: Approved,as amended. RESOLUTION NO.R- ���/ T3 PASSED. V/M Disraelly read Temp. Reso. #1950, and referred back to the minutes of June 13, 1979, relating to barbed wire approval by Council. Ile also stated that discussion was held at the previous meeting, which related to a loading zone requirement. Ile added that it was the City Attorney's opinion that when this building was constructed, which use was for an office and sales area, there was no requirement for a loading zone, and was grandfathered--in, without any building changes. It was determined by the City Attorney that the physical change in the building,and the loading requirements under discussion, was not a necessary adjunct to this property. He said that after discussion with the City Attorney, it would appear that there were no problems with the site plan, but would require that a sign be placed on the northern entrance to the parking lot indicating, "employee parking only". Buddy Himber represented Tropical Gardens, and said that only the employees park there, and was originally a grassy, weedy field, but is not paved. Ile said they dressed -up the area for aesthetic improvement of the nursery on University Drive, by putting in additional plantings along the new cyclone fence, and bordering the field with gray rock and railroad ties. V/P1 Disraelly responded to a question by C/W Massaro, by stating that the waiver was for paved parking. C/W Massaro said that the Planning Commission recommended a paving block at the Plaza del Sol, to resolve the muddy situation when it rains; which was very successful. Mr. Himber said the bad situation was corrected with the railroad ties, which stopped the erosion of the land, and installing the white rock. He said they were an agricultural nursery, which is aesthetically and functionally pleasing to the eye. V/M Disraelly said the trucks would enter from the south, through the paved parking lot, and onto the gravel area, to which C/W Massaro recom- mended that a temporary waiver be given, until a determination is made as to it being functional, for a one-year period. V/M Disraelly confirmed the fact that the parking requirements of the City were satisfied, because there is 12. parking spaces, and 1 to 200 are required, which is adequate for the existing structure. C/W Massaro MOVED that the waiver be granted on a temporary basis, for a period not to exceed one (1) year, for further review. -9- 7/8/81 mr/ V/M Disraelly suggested that Section 1 should include the following language; "subject to review on or before July 1, 1982", after the words is hereby approved. C/M Zemel SECONDED the motion. VOTE: ALL VOTED AYE. 23. Woodlands County Club - Revised Site Plan - Discussion and possible action on a revised site plan for the tennis Pro -Shop replacement. SYNOPSIS OF ACTIO14: Tabled to 7/22/81 meeting, for Staff review. V/M Disraelly indicated teat the site plan was for the purpose of constructing a new building between the existing tennis courts, which would be 570 square feet. Mr. Marvin Hochman, representing the Woodlands Country Club, advised that a sceptic tank will be installed, but there is water, and the nearest line is over 500 feet. Ile said that the architectural plan shows the tie-in. C/W Massaro felt that the Engineering Department should have reviewed this, to which the City Manager said that under the Staff comments of the Site Plan Review Committee, it is indicated that the City Engineer did not have a comment, since the addition is limited to the replacement of an existing building. C/1111assaro stated that the City Engineer was aware of the two sceptic tanks, with one being changed and hooked -up to the sewer system, and the other was beyond the 200 feet. Mr. Hochman said that one tank was at the barn where repair work is done, and the other is near the comfort station on the golf course. Mrs. Stuurmans requested tabling this item to the July 22nd meeting, in order for comments to be submitted by the City Engineer. C1W Massaro MOVED to table the item for review by Staff, and returned to Council for the meeting of July 22, 1981, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. 27. Banyan Lakes Phase II_I - Discussion and possible action to approve a Water and Sewer Developers Agreement and Addendum for this project. SYNOPSIS OF ACTION: Approved, as amended, with conditions. Mr. Ruf discussed his memo written the latter part of June, indicating that Banyan Lakes is outside the georgraphical boundaries of Tamarac, which is serviced by the utilities. It was, he said, developed in three (3) phases, and entered into a developers agreement for Phase I, returning to Council approximately six (6) months previous, for phase I!. On his recommendation, the City Council did approve a standard Tamarac Developers Agreement, with an addendum, which waives some of the provisions of this standard agreement; because the installation and inspection of the facility was made. Mr. Ruf stated that they were presently requesting approval of a Developers Agreement for Phase III, and signed a standard Developers Agreement, with the addendum providing acknowledgement by the City of two prior Developer Agreements, and the terms and conditions of the development of the two prior phases will be pursuant to those agreements. Ile felt the addendum was not necessary. Also, he said, a request was made to delete paragraph l-(r), which was approved by Mr. Keating; and, therefore, a recommendation was being made for approval of the agreement. V/P1 Disraelly said they were buying both water and sewer from the City, in this project, with paragraph r) referring to upgrading of the lift stations. He also noted that Mr. Keating was satisfied that it does not require upgrading at that point, with the $500 review fee being waived on the entire project. 7/8/81 -10- mr/ Mr. Ruf felt that because Mr. Keating was not available, that it be approved, but remove the waiver of paragraph(r), which could be brought back, but stated that paragraph(b) involves the $500 review fee. Ile further added that nothing is waived in the addendum, but acknowledges two prior Developer Agreements,, with #5 indicating that Paragraph 1-(r) is deleted, and is to be given no effect to either party. He reiterated that the because the City Engineer is not avail- able to explain the basis on which this statement was made, he would suggest approval of the Agreement and the Addendum, and omitting para- graph #5, on page 2. Mr. Ruf advised that this is the third and final phase, and completes all the units. C/W Massaro stated her approval of the Developers Agreement, with para- graph #5 of the Addendum ,to be removed. She said the Plan Review fee was definitely indicated as being required, and the fee should have been submitted, especially prior to execution of the Agreement. Mr. Ruf said he would suggest to the Engineering Department that the fees should be collected that are necessary. V/M Disraelly MOVED to approve the Developers Agreement for Banyon Lakes III for 72 ERCs, and the Addendum, by deleting paragraph #5 of the Addendum, with the signature by the proper City officials, only after payment of the appropriate fees. Upon the recommendation of Mr. Ruf, the following language was included in the MOTION; that the $500 Plan Review fee is to be paid, as provided for in paragraph 1-b), appropriate officers of the City are authorized to execute the Agree- ment. C/W Massaro SECO14DED the motion. VOTE: ALL VOTED AYE. LEGAL AFFAIRS 18. Occupational License Fees - Temp. Ord. #899 -- Discussion and possible action to amend Section 41 of Ordinance No.80-91, by revising the fee schedule. First Reading. (corrected from No.72--29) SYNOPSIS OF ACTION: Approved, as amended, on 1st reading. V/M Disraelly read Temp. Ord. #899, correcting Ord.72-29 to 80-91. Marilyn Bertholf, the City Clerk, explained the changes in the fee schedule, which involved a number of classifications that did not apply to Tamarac, and were outmoded, not included, but would be appropriately applied. She said that a Workshop Session was held by Council last October, with instructions to the Consulting City Attorney and the City Clerk, to prepare a new ordinance, which would change the classifications, but not increase the fees. Tape She said some classifications were deleted, adding new one, and also #4 consolidating others, but no increases in fees were made. The South Florida Building Code provision was added, she said, because it in- volved construction of antennaes, which was within their purview,. and required compliance. She further added that the City Clerk's Department would associate such installation with the Building De- partment, prior to a license being issued. Mr. Ruf advised that a business was being licensed, and not an antennae, and would give them the opportunity to do business in Tamarac. Mrs. Bertholf referred to her memorandum of July 6th, which noted that additional changes were made, and the Word Processor was not available to incorporate them. This memo, she said, indicated these changes. C/W Massaro requested that legible copies be submitted on changes. V/M Disraelly discussed the removal of Air Conditioning equipment on page l; also, requested the deletion of the last sentence, under Jewelry Dealers, commencing with "A separate license, etc.", which has become a subterfuge, and have all been buying jewelry and precious items, with the need for additional records. C/W Massaro suggested leaving that sentence in, but stating that "A separate license is required,"and deleting the word "not". 7/8/81 _11- mr/ Ile then MOVED that under Jewelry Dealers, on page 9, that the last sentence in the paragraph read as follows: "A separate license is required in addition to appropriate merchant's occupational license". C/M Zemel SECONDED. VOTE: ALL VOTED AYE. The Vice Mayor discussed the item of Gasoline Service Stations, which was a drastic change. Previously, he said, something was required for each pump, with last year's ordinance indicating the first pump was $200, and each additional one being $50 each. Discussion was held as to the definition of a pump; whether it was a nozzle, or one that is hooked --up with various disbursements. Ile gave an example, with the Sunoco Station, where six grades of gasoline can be obtained from one pump,and felt that a definition was necessary for a metering de- vice. fie further added that a station could have a dispensing structure with various nozzles, which are drawing from one type of gasoline, such as unleaded gas. The City Clerk indicated that licensing by hose would simplify the charge configuration, to which V/M Disraelly stated that $25.00 should be the fee for each hose or dispensing nozzle, plus the ini- tial fee of $200 for a service station. V/M Disraelly discussed the item of Brokers or Brokerage, on page 3, and stated that each insurance agent is charged $10 for every type of policy being sold. lie inquired whether the BrokeragZ house as well as the individual brokers, agents or customer's man are charged, and that it also be defined. It was determined that this area should be reviewed and researched. V/M Disraelly indicated that on page 16, Section 3 becomes Section 2, With 4 being deleted, and Section 5 would be number 3, also, Section 7 to be number 5. Mr. Ruf said that discussion was held with the City Clerk, and referred to his memo of July 7, 1931, as to litigation which involved the City of Jacksonville, in 1975,.which was resolved in 1976. This related to a municipality being permitted to impose an occupational tax on insurance companies doing business in the City. lie felt that the income which is generated from such taxing,would significantly increase the income from the present tax of $10 per type of insurance being collected from the agents who do business in the City. He further stated that Mrs. Bertholf ascertained the fact that proce- durally a survey is made of the agents in the City, who informs them about the companies he writes for. Then, he said, the bill goes di- rectly to the home office of the company. Mr. Ruf said there are four types of insurance that the companies pay for, namely; 1) casualty and liability, 2) fire, 3) industrial, and 4) life. lie recommended that the City Clerk supply Council with Tape a copy of the State Licensing Statute, because the language of the #5 City's ordinance is not consistent, but the concept is consistent. He indicated that the City of Ft. Lauderdale and Margate has verbiage in their Occupational License Ordinance, which is consistent with the State, and could be revised after inclusion on first reading. V/M Disraelly MOVED that the verbiage of Item #129 - insurance, as defined in the memorandum from Ft. Lauderdale, be included as part of Temp. Ord. #899, as to the charge being for the agency, with each company being required to pay;for each agent writing for them in the City, and for each class of insurance that is -written by the agent. C/W Massaro SECONDED. VOTE: ALL VOTED AYE. V/M Disraelly MOVED that in the title, Ordinance 79-29 be changed to read Ordinance 80-91, and C/M Zerael SECONDED. VOTE: ALL VOTED AYE. V/M Disraelly MOVED to adopt Temp. Ord. #899, as amended, on first reading, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 7/8/81 -12- mr/ Mr. Ruf discussed his phone conversation with the people from FP&L, by advising there was a temporary hold on the construction of wood poles at 77th Street, east and west. The difference in price between concrete and wood poles for that kind of line, is $500 to $600 per pole, with installation of approximately 12 poles. He said the de- veloper was asked, for that project, possibly Springlake II or F&R, if they would pay the difference between concrete and wood poles; but, they responded negatively. Mr. Ruf indicated that FP&L contends they could prove that the green CCS poles are aesthetically favorable to the concrete poles. The installa- tion of the wood poles at McNab Road and University Drive, are 850 complete, with 2 poles being questioned.This involves a difference in cost, in the amount of $4,000 per pole, from wood to concrete poles. He was informed that the east -west work was stopped, but not the north - south work. Mr. Ruf anti6ipated receiving a call on Thursday, from Mr. Peery, as to whether the company was willing to reconsider the construction of concrete poles at that location. Mr. Ruf informed Council that there are more wood poles than concrete at that location, as indicated by FP&L. They did inform him that wood poles will be put in from now on, also for replacement and construction. Mr. Ruf felt that Council might wish to explore the possibility of an ordinance or regulation requiring certain construction; also, a regula- tion for the developers to pay the difference between the wood and con- crete poles. C/M Kravitz inquired whether an injunction was considered to stop FP&L legally, to which Mr. Ruf responded that it could be, but was not able to determine its effectiveness. C/M Zemel confirmed the fact that should a concrete pole be hit, and turned over, that FP&L has the right to put in a wood pole, to which Mr. Ruf concurred, and felt that some liaison should be established with FP&L. MEETI14G WAS .RECESSED AT 1:00 P.M., FOR LUNCH, TO BE RECONVENED AT 1:45 P.M. MEETING WAS CALLED TO ORDER, ROLL CALL TAKEN, AND ALL PRESENT. LEGAL AFFAIRS 16. Cable TV Rates - Temp._ Ord. #895 - Discussion and possible action on a request for rate increase by American Video Corporation. First Reading. (tabled from 6/24/81) SYNOPSIS OF ACTION: Denied V/M Disraelly read Temp. Ord. #895. C/M Zemel requested at the previous meeting, that interested citizens contact him, by letter, on the increased rates for cable TV. He informed Council that he was in receipt of 20 letters, many phone calls, and also a community petition from Section 14, which contains the names of 72 homeowners. He further stated that two days previous, he gave Mr. Brundage the opportunity to study copies of some of the letters and the petition. But, each one, unfortunately concerned poor service that was involved, and the inadequate communication in attempting to reach the company for complaints. C/W Massaro advised that a number of people informed her that for a period of three or four weeks they have not received service, and felt that an increase should not be given at this time. V/M Disraelly indicated that the City Council has received phone calls and reports of correspondence, but felt that the basic complaint was poor service, snow, zig-zag lines, and the set shutting -off. IIe said it was determined there was a lack of communication between the ultimate consumer and the provider of the service. It was the Vice -Mayor's opinion that a dialogue has to be established. Mr. Brundage thanked C/M Zemel for requesting interested citizens to contact him; which gives them the opportunity to ask the City for relief, because the service is being cut-off by cut cables, which -13- 7/8/81 mr/ involves developers and contractors. Ile noted that the cable cuts are being made on McNab Road, where construction is occurring. Rick Schiller, the Engineer for American Video, advised that the turning lane which was installed on the west side of University Drive, at the intersection of McNab Road, and the widening of the additional lane on McNab Road, going east, has been continuous headaches for the past three months. He said they met with the contractor twice; walked the entire job with the Job Foreman from Bergeron Land Development Company. Mr. Schiller said the contractor indicated where the cable line should be placed, which would not interfere with their work. Fie advised that the entire pipe line on McNab Road has been replaced twice and they had no choice but to install a temporary line on the north side, and does not give adequate service. Ile also felt that Southern Bell is having identical Problems. V/M Disraelly indicated that he travels on McNab Road at least four times a day, and stated that the pavement has been completed for over a month, with no visible cuts. He .inquired how their cable was cut, especially when complaints are still being submitted. Fie advised of loose wire running east -west across the Family Mart entrance, and in- quired whether it was American Video cable, to which Mr. Schiller said he would check it out. C/CV Massaro advised that the Woodlands has been having many complaints with the cable TV, and felt the people were being treated shabbily. C/P1 Zemel said the complaints he received were from various areas in Tamarac, namely, Sections 14, 15, 16, Academy hills, and Fleathgate-Sun-. flower. Mr. Brundage stated that during this time of year lightning storms cause problems with electricity, and involves power outages. He also noted that new customers are given a booklet, and has an area which relates to service interruption. He further stated that over 40,000 homes are served in Broward County, with an average of 26 and 31 disconnects each month because of dissatisfied service. Ile also noted that 4000 homes are served in the City of Tamarac, with isolated problems and complaints involving 100 homes. C/W Massaro said there is no reason for "bad service", followed by a request for an.increase. C/M Zemel indicated that Sections 23 and 24 were to be given service, approximately one year previous, as noted in the franchise agreement. But, he said, a survey was made by American Video, and there was a particular percentage that responded negatively to such installation; due to other areas having many problems, and not receiving propeIr service. C/W Massaro said that the City Attorney indicated an over --charge of 50�; which was reflected in the 6/27/81 Council minutes;to which,P:1r. Brundage responded that the rates were the same in 11 communities. C/W Massaro said that if a rebate is due the people, then Council will take action accordingly. Mayor Falck requested that the people in attendance voice their opinion. Lou Cohen of Section 14, in the area of 71st Street and 70th Avenue, discussed the problems he has with cable TV, and also the constituents in his area. Mayor Falck advised that the road has been paved for the past 30 days, but, as of this day, there are complaints with the service. William Pizer, a resident of Section 14, indicated that Mr. Brundage assured him, and the people in his community, that they would have service restored in ten days, and there are still many problems in- volved. He also said they are billed two months in advance, for ser- vices that have not been rendered. Herbert Rosenberg of Section 7, in the Isles of Tamarac, referred to the rate for 10 to 15 feet of wire, and the installation charge in- volved. --14- 7/8/81 mr / Tape The following people indicated their displeasure with problems and #6 poor service; namely, Mr. Griffith of Section. 17, Lou Schwartz -- Section 17, Miriam Kazansky - Section 14, Max Blum of Heathgate monitored his set to determine the delay problems, and Ruth Birnbaum - Section 17, as to the rates, and extremely poor service. Bob Shurr, the Chairman of the Board of Consumer Affairs, was pleased that the people expressed their feelings, especially relating to the impossible attempts to reach American Video on the phone. Fie felt that an increase in rates should not be approved, as long as the service availability is poor, and the people are dissatisfied. Mort Student felt that American Video should not be given permission to increase their rates., V/M Disraelly inquired as to transmission service, relating to the line set-up; because a number of people said they were told the reason for their pool picture was due to their position on the line. Mr. Schiller indicated that whether an individual is at the beginning, middle or end of the line, would make no difference,in reception. Mr. Brundage responded to an inquiry on basic cable paid 2 months in advance, and stated that they do not require more than one month being paid. He also indicated there are six (6) service lines, which are manned 24 hours, with one operator on duty after 10:00 P.M., until the morning. V/M Disraelly inquired whether this was a non --exclusive franchise, to which Mayor Falck responded that it was. The Vice Mayor felt that other companies should be permitted to bid on non-exclusive cable, and would discuss these options of advertising with the City Attorney. C/W Massaro MOVED that Temp. Ord. #895 be DENIED, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. C/W Massaro felt that prior to having other people come in, that American Video should attempt to improve their cable TV service; because the City Council does not meet in August. MEETING WAS RECESSED FOR FIVE MINUTES.... PUBLIC BEARINGS 10. Bud et Amendment - Temp. Ord. #898 - Discussion and possible action Tape on an amendment to the General Fund Budget for Fiscal Year 1980/1981. #7 First Reading. SYNOPSIS OF ACTION: Approved on lst reading, as amended. The City Manager read Temp. Ord. #898, and advised that Council re- ceived a copy of a memo to the City Manager, from the Finance Director, dated June 16, 1981, which outlines the amount of $262,483.00 that needs to be appropriated for the 1980/1981 fiscal year. On the second page, she said, the amounts and allocations to specific departments were designated as follows: (ATTACHMENT #6) City Clerk - Office Equipment - $2,100 -- To be allocated for capital procurement of a new electronic scanner for the copy machine; which would be a mimeo duplicator type of equipment, and also a new heavy duty ladder for the storage area. City Attorney - Outside Services - $4,000 - To be assured the area has sufficient monies to continue through the balance of the current fiscal year. City Attorney - Codification - $2,000 - To carry through the balance of the fiscal year. Building Department - Vehicles - $31,000 - For vehicle acquisition, with approval by Council for five (5) vehicles under State Bid. -15- 7/8/81 mr/ Engineering - Vehicle - $6,100 - .For a vehicle covered under the Building Department item at a previous meeting. Capital Reserve - Reserve Future -- $55,000 -- To replenish the amount, which was reduced last fall, for the budget, and does bring it up to the prior years, in the amount of $150,000. Capital Reserve - word Processor - $20,000 - This equipment is being utilized presently, and might possibly be changed to another make in the future. Capital Reserve - Tamarac Pedestrian Overpass -- $33,000 - The County has. billed for this overpass, and the final order on the land is still required; also, some indication as to completion of corrections that the'City has requested. Contingency - $109,283 -- The amount of $54,500 is going back into Contingency, which is the portion pulled recently, in order to pay for the mini -pumper. Appropriated Fund Balance - $262,483 - This amount is put into Contingency to appropriate the balance of the sum which must be allocated. C/W Massaro inquired whether the $33,000 was the City's payment -in - full to the County, for the pedestrial overpass, to which the City Manager responded that the figure was rounded. Mrs. Stuurmans also noted that the invoice was billed, and was not aware of whether payment was required within one year. Mayor Falck felt that until the existing structure is modified, the payment will not be made, to which the City Manager recommended that this item should be ear -marked at the close of this fiscal year. C/W Massaro inquired about a permanent vehicle for Engineering In- spectors, to which Mrs. Stuurmans advised there is no vehicle for such purposes, and would be for the Chief Engineering Inspector, who has been using jeeps, Pintos, the old Dodges, and has been involved in a number of break -downs. She felt it was necessary to recognize that this department needs a vehicle of their own, since upgrading and replacement of vehicles are being accomplished in the Building Department. The City Manager further stated that the five (5) vehicles in the Building Department are old, and require replacement, at the recommendation of the Shop Superintendent. V/M Disraelly inquired about the Capital Reserve going into a book- keeping item, and carried forward; also, the word processor, if not purchased, will have the monies carried forward and available, to which the Finance Director indicated that the funds will be updated prior to September 30, 1981, which are reserves. Mayor Falck opened the discussion to the public. Melanie Reynolds inquired whether the word contingency could be defined as used in municipal accounting, to which Mr. Wood stated there was no definition of contingency issued by the AICPA or MFOA, but was merely a fund established for unanticipated expenditures during the year. It is, he said, usually set up with legislative intent, based on some reserves that Council or a body of government desires to protect themselves for unusual circumstances. Mrs. Stuurmans said that unanticipated emergencies can occur, and also there is a 5% provision cap in the Charter, plus the amount being added, does not bring it to the maximum allowed under the Contingency fund. C/M Kravitz said the terminology for the American Institute of CPAs in ordinary language, indicates that contingency is a reserve for unforseen circumstances during the coming period. Mayor Falck closed the public hearing, because there were no further comments received. V/M Disraelly MOVED to adopt Temp. Ord. #898, with Section 7 to be --16- 7/8/81 mr/ deleted, because codification is not necessary; also, to have Sec- tions 8, 9 and 10 changed to conform. The ordinance is to be ap- proved on first reading, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 11. Cit Rezonin Petition #9-Z-81 -- Tema. Ord. #901 - Discussion and possible action to rezone the lands occupied by the Tamarac Fire Station #2 at 4801 W. Commercial Boulevard from B-1 to I-1. First Reading. SYNOPSIS OF ACTION: Approved on 1st Reading. The City Manager read Te4ip. Ord. #901. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C/W Massaro MOVED to adopt Temp. Ord. #901 on first reading, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. 12. Land Dedication for Local Park Purposes - Temp. Ord. #760 - Discussion and possible action to require, at time of site plan approval, local park land dedication for property which has been platted. Second Reading. SYNOPSIS OF ACTION: Approved on 2nd ORDINANCE NO.O- PASSED. and final Reading. The City Manager read Temp. Ord. #760. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. C1W Massaro MOVED to adopt Temp. Ord. #760 on second and final reading, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. 13. Pension Plan - Tem . Ord. #861 -- Discussion and possible action to amend Section IV of the Retirement Plan to allow Firefighters to voluntarily increase their retirement ages. Second Reading. SYNOPSIS OF ACTION: Public Fearing was held, but item was tabled to the 7/22/81 meeting, for verification of transmittal to the State. The City Manager read Temp. Ord. #861. Mayor Falck opened the discussion to the public. Mort Student inquired as to the age of retirement for the Fire- fighters, to which the Mayor responded it was age 55. Mayor Falck closed the public hearing, because there were no further comments received. Mrs. Stuurmans advised that an attempt was made to verify transmittal to the State; and, requested the item be tabled for final action, to the July 22, 1981 meeting, for such determination. V/M Disraelly MOVED that final action be tabled to the next meeting of July 22, 1981, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 14. _ g g - ___mp._Ord. # 86 - Discussion and Enforcement of Zon�n Regulations Te 8 p g official author. possible action to designate the offiC zed to enforce the zoning regulations within Chapter 28 of the City Code. Second Reading. SYNOPSIS OF ACTION: Public Bearing was held, but item was tabled to the 7/22/81 meeting. V/M Disraelly read Temp. Ord. #886. -17- 7/8/81 mr/ Mayor Falck opened the discussion to the public, and closed it because there were no comments received. V/M Disraelly MOVED for the adoption of Temp. Ord. #886, on second and final reading, and C/M Zemel SECONDED the motion for purposes of discussion. C/W Massaro felt that the City Manager could not enforce, but should only be enforced by the Chief Building Official, because,it is not per- mitted by the Board of Rules and Appeals. She would like an opinion on this item, and recommended it be tabled. MOTION FOR APPROVAL DIED, BECAUSE A TABLING ACTION WOULD SUPERCEDE. C/W Massaro MOVED to table the item to the next meeting of July 22, 1981, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. 15. Sale of Used Merchandise - Temp. Ord. #888 - Discussion and possible action to amend Ordinance 80-98 to modify the age requirements. Second Reading. SYNOPSIS OF ACTION: Adopted on 2nd ORDINANCE NO.O-- g/ �? PASSED. and final Reading. V/M Disraelly read Temp. Ord. #888. Mayor Falck opened the discussion to the public, and closed it because there were no comments received. V/M Disraelly MOVED to adopt Temp. Ord. #888 on second and final reading, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 24. Northwood 11 -- Revised Site Plan - Discussion and possible action on a revised site plan for revision of certain lot sizes for 26--foot units. SYNOPSIS OF ACTION: Approved, with conditions, as to planting of trees, installation of a sidewalk, and submittal of letter of confirma- tion from Mr. Rubin, Julian Bryan represented HLR Inc., the,petitioner and developer, with a request for a revision to the approved site plan, by reducing the widths of certain enumerated lots from 28 feet to 26 feet. This, he said, would result in a wider sideyard setback between the units. Mr. Bryan said the changes in widths are shown in footnotes, Items #21 and #22, where it is indicated that the lot numbers of the changed lots have been circled; also, enumerating the particular lot numbers, in the next footnote. In response to a question by V/M Disraelly, it was stated by Mr.Bryan that the land below each row house is owned by the particular indi- vidual, which is fee simple,and consists of old fashioned townhouses, which is subdivided into the lots. He also noted that the homes will sit on the plat, but will overlap certain lot lines, by purchase of a portion of two (2) lots; also, a plat that is not filled. C/W Massaro felt that the Vice Mayor was concerned about clarification as to what the people were getting. Mr. Bryan said that the rec area and parking:has been increased. C/W Massaro felt there should be sidewalks on Southgate Boulevard, for residents walking, bicycling, and being able to get to the new shopping center, to which Mr. Bryan responded that it was in the best interest of the residents, but not a requirement. C/W Massaro also requested that consideration also be given to Springlake, as well as Northwood II. --13- 7/8/81 mr/ V/M Disraelly inquired where the 8 1/2 foot non -vehicular access and utility easement are to be located, to which Mr. Bryan responded that the sidewalk will be in the right-of-way, but not adjacent to it, and would not affect that easement. Mr. Bryan said the sidewalk in - Tape stallation could be indidated on the rnylar. Side #8 C/W Massaro felt that the sidewalk should have been required the first time, and was an oversight, but was presently essential to enable the residents to get to the shopping center. Mr. Bryan requested that approval be given, and not have.the item tabled, but subject to receipt of a letter from Mr. Rubin, as to it being a requirement of the site plan. C/W Massaro reiterated that it should have been required at the time the original site plan was approved, which was an oversight, but was absolutely essential to the health and welfare of the people,to have this sidewalk installed. V/M Disraelly requested that trees be put in at each end of the parking area, adjacent to Building 171, also, one in the island and one in each of the corners, to which Mr. Bryan concurred. It was to be noted in the motion that a tree be placed in each of the four (4) corners of the parking lot, and one tree in the island. C/W Massaro MOVED for approval of the revised site plan, subject to the planting of four (4) trees in the parking lot, and one in the island; also, as required by the County, the sidewalk on Nob Hill Road, and subject to the installation of the five foot concrete side- walk on Southgate Boulevard, which should have been required in the original site plan approval, because of the health, safety and wel- fare of the people. She further stated that a letter confirming approval of the sidewalk was to be submitted by Mr. Lon Rubin. V/M Disraelly SECONDED the MOTION. VOTE: ALL VOTED AYE. 25. Springlake II - Revised Site Plan - Discussion and possible action on .a revised site plan for the Recreation Area. SYNOPSIS OF ACTION: Tabled to 7/22/81 meeting. V/M Disraelly inquired about the open area, to which Mr. Bryan stated that it was being considered as part of a complete revision to the north half of the tract, which was everything above the existing lake. He confirmed appointments with each member of Council for the following week, as relates to the proposed revision to the master plan. Mr. Bryan advised that a new plan will be proposed with all two-story units, and a larger rec area in the north center portion of the plan, which is for Council's consideration; but has never been before the Beautification Committee. The requirement, he said, was based on one space for every 200 feet of area in the clubhouse, and the 1200 foot clubhouse would satisfy the 48 single --family units to the south. He said it was a private rec facility which was established for those residents. C/W Massaro said a clubhouse has to be built to the City's standards, which involves 221 units, and, would total 1440 feet in building area. Mr. Bryan said the area shown is open space, which will be part of an open space,where they contemplated construction of dwelling units. He further stated that approval was necessary at this time, because they are interested in constructing the rec building for the residents on the south side. C/W Massaro MOVED to table this item to the nett regular meeting of July 22, 1981, and V/M Disraelly SECONDED. VOTE: ALL VOTED AYE. 28. Pines III (Woodmont Tract 54) - Model Sales Facilit - Discussion and possible action on a request to permit a model sales facility at another location. (tabled from 6/24/81) -19- 7/8/81 mr/ SYNOPSIS OF ACTION. Approved, for a six --month period, from this date. V/M Disraelly felt a model sales ordinance was not necessary, because people are selling from any area they desire; also, that Mr. Toll was selling four different tracts out of one location, which was not the intent of the ordinance. This, he said, was creating a business in a residential area, by permitting sales that are not within the tract. C/W Massaro MOVED that Pines III -- Woodmont Tract 54 homes are permitted to be sold from LaForet - Tract 68 and 77, for a period of six (6) months from this date. C/M Kravitz SECONDED the motion. VOTE: C/M Kravitz - Aye C/M Zemel - Aye C/W Massaro -- Aye V/M Disraelly - Nay Mayor Falck - Aye REPORTS 30. City Council C/M Zemel indicated that he received 18 letters and 9 phone calls from various residents, which relates to cutting of the swales in the area of the Australian Pines. It was discussed with the City Attorney, he said, and determined that if this is considered to be public property, the City could be authorized to amend the present ordinance, for cutting of the swales. V/M Disraelly advised that the City of Lauderhill has an item on their July 13th City Council Agenda, for approval of a gas station, by special exception, on the southwest corner of University Drive and Commercial, Boulevard, which will be a Chevron Station. Fie also noted the granting of a variance will be heard, for use of a 36 foot setback from the centerline of University Drive, in lieu of 117 feet. Ile further stated there will be a setback on Commercial Boulevard, for a reduction of 12 feet, with a setback of 111 feet, instead of 123 feet. Additionally, he stated that the City of Lauderhill will be approving a resolution for the appointment of Mitch Ceasar, as a Consultant for them. The Vice Mayor indicated the necessity to install signs at Tamarac Utility West, as to entrance and exit, where are in total disrepair. V/M Disraelly advised of over -grown grass between the homes and the 6000 complex, which is approximately two (2) feet high. He also noted that the dumpsters in the rear have never been removed, and felt that the Public Works Department or Southern Sanitation should handle this, due to the unsightly area. C/M Kravitz - No Report C/W Massaro discussed notification of people within a 300 foot radius, as relates to zoning regulations and a title search; which fees are costly. She further requested that an ordinance be written permitting this to be taken from the tax rolls. Mayor F"alck informed Council that a special meeting was to be held on Monday, July 13, 1981, at the County, on the proposed modifications in the Land Use Plan. Ile said the City Attorney and he were opposed to the changes discussed at the last Planning Council meeting, and further noted that the next Planning`Council meeting was. scheduled for July 25, 1981, 31. City Manager Mrs. Stuurmans did not have a report. 32. City Attorne No Report. -20- 7/8/81 mr/ MEETING WAS ADJOURNED AT 4:30 P.M. Mybij_.. ATTEST: 9-,w�,� ASSISTANT CITY CLERK This public document was promulgated at a cost of $ 6LD, or $/�4 per copy, to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. APPROVE B My COUNCIL QN -21- 7/8/31 mr/ PROPOSED CANDIDATES FOR TEE WELCOMING COMMITTEE PLEASE VOTE FOR 2 1. Mollie Goldstein 2. Mary Lawson 3. Herman Marin 4. Murray J. Moss 5. Nicole Parmet 6. Morton Student ATTACHMENT #1 ITEM #4 - 7/8/81 PROPOSED CANDIDATES FOR THE WELCOMING COMNLCTI'EE 1. Mollie Goldstein 2. Mary Lawson / 3 Herman Marin 4. Murray J. Moss 5. Nicole Parmet 6. Morton Student 4 ATTACHMENT #2 ITEM #4 - 7/8/81 PROPOSED CANDIDATES FOR THE WELCOMING COMMITI PLEASE VOTE FOR 2 / 1. Mollie Goldstein 1` 2. Mary Lawson 9 Herman Marin 4. Murray J. Moss 5. Nicole Parmet 6. Morton Student ATTACHME14T # 3 ITEM #4 -- 7/8/81 -#�4 PROPOSED CANDIDATES FOR THE WELCOMING COMMITTEE PLEASE VOTE FOR 2 1. Mollie Goldstein 2. Mary Lawson 3. Herman Marin 4. Murray J . Moss 5. Nicole Parmet 6. Morton Student ture ATTACHMENT # 4 ITEM #4 - 7/8/81 R PROPOSED CANDIDATES FOR THE WELCOMING COMMITTEE PLEASE VOTE FOR 2 J 1. Mollie Goldstein 2. Mary Lawson CHerman Marro 6. Morton Studen ATTACHMENT # 5 ITEM #4 - 7/8/81 ACCOUNT NUMBER 1-112-519-641 1-106-514-310 1-106-514-340 1-227-524-640 1-155-515-640 1-876-581-912 1-876-581-641 1-876-581-630 1-872-581-901 1-275-000 1980-81 BUDGET AMENDMENT BUDGET DETAIL JULY 2, 1981 ESTIMATED EXPENDITURES ACCOUNT DESCRIPTION CITY CLERK - OFFICE EQUIPMENT CITY ATTORNEY - OUTSIDE SERVICE CITY ATTORNEY - CODIFICATION BUILDING DEPARTMENT - VEHICLES ENGINEERING - VEHICLE CAPITAL RESERVE - RESERVE FUTURE CAPITAL RESERVE - WORD PROCESSOR CAPITAL RESERVE - TAMARAC PEDESTRIAN OVERPASS CONTINGENCY ESTIMATED REVENUES 81-1070 PROPOSED INCREASE $ 2,100.00 4,000.00 2,000.00 31,000.00 6,100.00 55,000.00 20,000.00 33,000.00 109,283.00 $ 262,483.00 APPROPRIATED FUND BALANCE $ 262,483 ,t ATTACHMENT # 6 7/8/81 - ITEM #10