HomeMy WebLinkAbout1983-07-27 - City Commission Regular Meeting Minutes�yF_ 74
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p,o. BOX 25010
1-AMARAC, FLORIDA 33320
FIRST CI ASS MA.TI
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR COUNCIL MEETING
IEDNESDAY, JULY 27, 1983
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
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.
PRESENTATIONS AND AWARDS
1. Employee Servicefive- Awards - Presentation by City Manager
_
Stuurmans of year pins to Paul Nash and Alvin Johnson,
Public Works Department, and ten-year pins to Lucy Curtis,
City Clerk's office and Brian Klemm, Police Department.
2. Presentation by Mayor Falck of Certificates of Appreciation
to Patricia Grillo and Irving Lopatey in recognition of their
contributions to the City (tabled from 7/13/83).
3. Presentation by Mayor Falck of a plaque to Virginia Taylor
in recognition of her contributions to the City.
4. Year of the Bible - Presentation by Mayor Falck of a pro-
clamation designating 1983 as "Year of the Bible".
5. National Executive Housekeepers - Presentation by Mayor Falco
of a proclamation designating September 11 - 17, 1983, as
"National Executive Housekeepers Week".
CONSENT AGENDA
6. Items listed under Item #6, 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 6/14/83 - Special Meeting - Approval recommended
by City Clerk.
b) Alan F. Ruf - Consultant City Attorney - 7/22/83 - $1,030.00-
Approval recommended by City Attorney.
c) Mitchell Ceasar - Grants Consultant - 7/17/83 - $1,456.0,2 -
Approval recommended by City Manager.
d) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland &
Bramnick, P.A. - Labor Counsel - 7/7/83 - $287.14 - Approval
recommended by City Manager.
7/27,Pg. 3
Awards pre-
sented
7/27,Pg. 3
Awards pre-
sented
7/27,Pg. 4
Plaque present
7/27,Pg. 4
Proclam. mai1E
7/27.Pg. 4
Proclam.pres.
7/27,Pgs.4-5
APPROVED a),b)
d) ,e) ,t) ,g) ,
h),i),and j).
c) REMOVED, ther
APPVD. on pg.1
PAGE TWO
e) Howard, Brawner & Lovett - Counsel regarding 201 Plan -
7/7/83 - $1,050.00 - Approval recommended by City Attorney.
f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
6/6/83 - Project 1710-13, Statement 4 - $68.88 - Approval
recommended by City Engineer.
g) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
6/7/83 - Project 1724-0, Statement 24 - $974.a1 - Approval
recommended by City Engineer.
h) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
6/30/83 - Project 1710-0, Statement 34 $1,175.63 - Approval
recommended by City Engineer.
i) Intercounty Construction Corporation - Installation of
Utilities West Raw Water Main - Approval of Change Order No.
1 increasing the contract price by $5,496.54 to a total of
$217,584.54.
j) Woodmont Road Right -of -Way Vacations - Request for partial
refund of fees - Approval to extend the tabling action to the
meeting of 9/14/83.
GENERAL ADMINISTRATIVE/FINANCIAL
7. Bid Award - Utilities West - Temp. Reso. #2794 - Discussion
and possible action to award a bid for a backhoe loader and
trailer.
8. Utilities East - Engineering Services - Discussion and pos-
sible action to authorize Williams, Hatifield & Stoner, Inc.
to perform certain studies.
7/27,Pg. 14
TABLED to mtg.
of 9/14/83
7/37,Pgs.15-16
TABLED to mtg.
of 9/14/83.
9. Australia _.n Pine _Trimming - Discussion and possible action to 7/27,Pg.9
award a contract for trimming the pine trees at Utilties West.APPVD.award
D&H Home Maint
10. Police Pistol Range - Temp. Reso. #27.96 - Discussion and pos- 7/27,Pgs.40-41
sible action on an annual contract. APPVD.as Amend
11. Pension Plan - Discussion and possible action to: 7/27,Pg.41
a Appoint an administrative Trustee to the Pension Board a) APPVD appt.
(tabled from 6/22/83). L.Curtis.b)
b) Change the date of annual evaluation from June 1, which is APPVD.by Motio,
the plan date, to October 1, which is the fiscal year date
by Temp. Reso. #2793.
12. Traffic Illumination A reements with Broward Count - Dis- 7/27,Pg.41-42
cussion and possible action on: a) APPVD.
a) Portion of N.W. 31 Avenue in the City of Tamarac - Temp. b) REJECTED
Reso. #2817.
b) Portion of State Road 7 in the City of Tamarac - Temp.
Reso. #2818.
13. Alexander Grant & Co. - Discussion and possible action on: 7/27,Pgs.7-12
a) Presentation of Report on Internal Control Procedures, a),b) APPVD.
July, 1983, and acknowledgement of receipt by Temp. Reso.
#2797.
b) Payment in the amount of $10,000.00 for preparation of this
Report.
14. Aquatic Plant Control Funds - Te(n_p._Reso. #2798 - Discussion 7/27,Pg•42
and possible action to designate the officials responsible APPVD.appoint.
for administering this program for Fiscal Year 1983/84. 1 G. Turek, S.Goul,
15. Tamarac Park - Discussion and possible action to authorize the 7/27,Pg.4
City Manager to purchase certain maintenance equipment from Auth.to C.Mgr.
the Parks and Recreation Fund. $11,529. for
equip.,money
taken from
Parks & Rec.
Fund
PAGE
16. N.W. 44 Street - Temp. Reso. #2795 - Discussion and pos-
sible action on a request from the City of Lauderhill to
expend funds for half the cost of resurfacing this street.
17. Grants - Update report on the status of grants by Mitchell
Ceasar, Grants Consultant.
18. American Video - Repo_r_t by City Attorney. Discussion and
possible action.
19. Broward League of Cities Business - Discussion and possible
action.
LEGAL AFFAIRS
20. Swales - Temp. Ord. #1054 - Discussion and possible action
to amend Chapter 23 of the Code to prohibit placement of
certain objects within this area. First Reading. (tabled
from 7/13/83).
21.
THREE
7/27,Pgs.5-7
TABLED for
prior. list
7/27,Pg.18
Report present.
7/27,Pg. 42
HELD for mtg.
of 7/29/83
7/27,Pg. 42
Reort given by
C/M Kravitz
7/27,Pgs.42-43
APPVD.on First
Reading
N.W. 61 Street - Rea_lignment and Signalization at
University Drive - Discussion and possible action on: 7Z27
a Warranty deed from Intertres, N.V. - Temp_ • Reso. #2819. Pgs.30-32
b) Ingress/Egress easement from Intertres, N.V. - Temp. APPROVED a),b),
Reso. #2204. c) ,c'.) . e) ,Ruth.
c) Support of a request by Intertres, N.V., for a variance Eng. Dept. to
for reducing setbacks - Temp_. Reso. #2188. prepare specs.
d) Agreement cancelling two recorded covenants and confirm- Auth.to C/Mgr.
ing a third covenant concerning lands owned by Intertres to go to bid.
o#to05. f) Pg. 1,Agen.
e) Authorization to
p_._ _Reso .
g bid for construction required for!by Cons.
realignment and signalization of N.W. 61 Street at Pg.32,APPVD.
University Drive. payment to Br.
County up to
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - $15, 000.00
PUBLIC HEARINGS - 2:00 P.M.
22. Cardinal Industries Incorporated - Rezoning Petition
#13-Z-83 - Temp. -Ord. #1-055 - Discussion and possible actioi
to rezone lands at the southwest corner of NW 71 Avenue and
Southgate Boulevard, east of the existing Southgate Gardens
Apartments, from R-3 (Low Density Multiple) to R-4A
(Planned Apartments). Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of application.
23. Irving Waltman, Trustee - Rezoning Petition #30-Z-82 -
Temp. Ord. #1057 - Discussion and possible action to rezone
lands at the northwest corner of McNab Road and University
Drive, extending northward along University Drive for 660
feet and westward along McNab Road for 660 feet, less the
corner parcel occupied by United Federal Savings & Loan
Association, from B-6 (Business District) to B-1 (Neighbor-
hood Business). First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Posting and Affidavit of Mailing.
b) Consideration of application.
24. Golden Pagoda, Inc. - Special Exception Petition #12-7-83 -
Temp. Reso_. #2799 - Discussion and possible action to grant
a special exception to permit on -premises consumption of
beer and wine in conjunction with a proposed restaurant to
be located in Tamarac Town Square, 8263 Pine Island Road,
which is zoned B-3 (General Business).
25. UTA Cable Corporation - Tem . Ord. #1056 - Discussion and
possible action to grant a non-exclusive franchise for a
community antenna television system for a service area in
the City located west of University Drive. Second Reading
7/27,Pgs.21-23
aa)ACCEPTED
b) APPVD.as Am.
on 2nd Read.
w/effect.date
9/21/83.Escrow
Agmr.& Dec. of
Res.APPVD.
7/27,Pgs.23-25
a) ACCEPTED
b) APPVD.with
Cond . on First
Reading.
7/27,Pg. 24
APPVD. w/cond.
7/27,Pg.25,Pub.
Hear.held.
Pg.34,TABLED to
reconv. mtg. of
7/29/83.
COMMUNITY DEVELOPMENT
PAGE FOUR
26. Cardinal Industries Incorporated - Report from City Attorney
concerning Special Assessment involving Southgate Gardens
Apartments for a water line. Discussion and possible actior
27. Kings Point Recreational Com lex - Discussion and possible
action on:
a) Revised site plan for cable television building - Temp.
Reso. #2806.
b) Amendment to the Water and Sewer Developers Agreement.
28. Tamarac Gardens - Bond Releases - Discussion and possible
action on:
a) Release of a warranty bond posted for installation of a
sidewalk - Temp. Reso. #2804.
b) Release of a warranty bond posted for installation of
paving and drainage - Temp. Reso. #2005.
7/27,Pg.2,Agen.
by Cons.,Pg.20
Pub.hear to be
held 9/14/83
7/27,Pg.32
REMOVED from
Agenda.
Pg. 33 ,fRECONSTD.
& TABLED to
reconv.mtg. of
7/29/83
7/27,Pg. 32
a),b) Bonds not
rel.until work
completed
29. Golfview Plaza - Temp. Reso. #2759 - Discussion and possible7/27,Pg,17
action to authorize execution of a Tri-Party Agreement with TABLED to mtg.
Broward County and Executive Golf Apartments, Inc., regard- of 9/28/83
ing development of this project (tabled from 6/22/83).
30. Tamarac Town Square - Bond Release - Temp_. Reso. #2307 - 7/27,Pg.2
Discussion and possible action to release a bond posted to REMOVED from
guarantee the installation of landscaping. Agenda
31. Lakes of Carriage Hills - Model Sales Area - Revised Site 7/27,Pgs.34-35
Plan - Temp. Reso. #2812 T Discussion and possible action onAPPROVED as
a revised site plan to reflect a temporary drive to Sabal Amended
Palm Boulevard East, deletion of two driveways along Rock
Island Road and addition of one drive from Rock Island Road
opposite the existing median opening.
32. I.C. Plat - Discussion and possible action on:
a) Plat - Temp. Reso. #2808
b) Development Order- Temp. Reso. #2809
c) Development Review Agreement
d) Water Retention Agreement.
(lands located at the southwest corner of NW 88 Avenue and
NW 77 Street).
33. Gold Tam Shops - Discussion and possible action on:
a Site Plan - Temp• Reso. #2810
b) Plat - Temp. Reso. #2811�
c) Landscape Plan
d) Water and Sewer Developers Agreement
e) Water Retention Agreement
(to be located on the north side of Commercial Boulevard,
west of Sutter Hardware).
34. Woodmont Tracts 74 75 - Discussion and possible action
on:
a) Site Plan #1
IT Release of a performance bond posted for public
improvements in Phase II upon receipt of a one-
year warranty bond - Temp. Reso. #2813.
2) Acceptance of a Bill of Sale for the Phase II
water distribution and sewage collection system
improvements - Temp. Reso. #2814.
b) Site Plan #2
1 Revised site plan reflecting revisions to the
Recreation Building and the addition of a
bar-b-que, whirlpool and wading pool - Temp.
Reso. #2815.
2) Amendment to the Water and Sewer Developers
Agreement.
c) Site Plan #4
1 Approval of site plan - Temp. Reso. #2816
2) Water and Sewer Developers Agreement
/27,Pgs.37-38
PPVD. a),b),
). c) APPVD.
ub. to Stip. ##9
rest.uses irr
f B-3 uses.
/27,Pgs.12-13
)APPVD.w/Cond.
) ,c) ,d) ,e)
PPVD.
I7/27,Pgs.35-36
1) APPVD.withi
ond. a 2)APPVD
l) APPVD.with
ond.b 2)APPVD.
1) APPVD.with
and. c 2 APPVD.
PAGE FIVE
35. Concord Village - Model Sales Facilit - Discussion and
possible action to renew a model sales permit.
36. Concord Village II - Site Plan - Discussion and possible
action to extend approval of a site plan (tabled from
7/13/83).
37. United Federal Savings_& Loan Association - Discussion and
possible action on:
a) Revised site plan for addition of a drive -up window and
lobby addition - Temp. Reso. #2800.
b) Water Retention Agreement.
7/27,Pgs.36,37
APPVD.for 6
mos . fr. 8/10/83
sub.pay.fees
within 10 days
7/27,Pg. 37
TABLED to Se]_
7/27,Pg.20
APPVD. a),b).
38.
Piccadilly Cafeteria - Discussion and possible action to
7/27,Pg.14
approve an amendment to the Water and Sewer Developers
APPVD.
Agreement.
39.
Green Thumb Lawn & Garden Center - Sign Waiver - Temp.
7/27,Pg.14
Reso. #2801 - Discussion and possible action to extend a
APPVD. for one
waiver of the sign ordinance for a temporary sign on
year fr.9/8/8�
property other than their own.
40.
Patio Homes at Fairmont - Model Sales Facility - Discussion7/27,Pg•43
and possible action to renew a model sales permit.
TAILED to mtg.
9/28183.
41.
Edgewater Village - Model Sales Facility- Discussion and
7/27,Pg.14
possible action to renew a model sales permit and waiver
APPVD. for 6
of the 150-foot distance requirement for certificates of
mos.fr.9/12/83
occupancy.
42.
Mainlands Center - Warrant, Bond - Temg. Reso. #2802 - Dis-7/27,Pg.43
cussion and possible action to call a warranty bond posted
APPVD.
for public improvements.
4.3.
Woodmont Tract 59 - Performance Bond - Temp. Reso. #2803 -
7/27,Pg• 3
Discussion and possible action to call a performance bond
REMOVED from
posted for public improvements.
Agenda
44.
Colony West Country Club_ - Discussion and possible action
7/27,Pgs•16--18
on:
a)APPVD. McNak
a) Report from City Engineer on guardrail on McNab Road andRd.TABLED
to
adjacent to maintenance road (tabled from 4/27/83).
9/28/83 actior
b) Approval to operate a restaurant with on -premises con-
a'e maint.road.
sumption of alcoholic beverages.
b) APPVP.w/cor
45.
Treehouse Apartments - Discussion and possible action on:
7/27,Pg•19
a Water and sanitary sewer easement - Temp Reso. #2821.
a),b) APPVD.
b) Bill of Sale for water distribution and sewage collec-
as Amended.
tion system improvements - Temp. Reso._#2822.
c) APPVD. for
c) Model sales permit and waiver of the 300-foot distance
6 mos.
requirement for certificates of occupancy.
46.
Fairways_ III - Warranty Bond Release - Temp. Reso. #2781 -
7/27,Pg.13,14
Discussion and possible action to release a warranty bond
APPROVED
posted for public improvements (tabled from 7/13/83).
47.
Drainage Improvements in the City - Discussion and possible7/27,Pg•43
_
action.
No discussion
DCDnDTC
48. City Council
49. City Manager
50. City Attorney
one
one
Report given
by Alan Ruf
PAGE .SIX
The City Council may consider such other business as may come
before it.
Pursuant to Section 286.0105, Florida Statutes, 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 based.
CITY OF TAMARAC
Carol A. Evans
pccictant• City rlerk
Following are the residential and commercial zoning districts in
the City:
R-1
R-lB b
R-lC
R-2
RD-7
R-3U
R-3
RM- 5
RM-10
R-4A
R-5
B-1
- Single Family Residence
- One -Family Dwelling
- Two -Family Dwelling
- Two -Family Dwelling
- Row House
- Low Density Multiple Dwelling
- Residential Multi -Family
Dwelling
- Planned Apartment
- Planned Apartment
- Motel/Hotel
- Neighborhood Business
B-2
- Planned Community Business
B-3
- General Business
B-5
- Limited Business District
B-6
- Business District
S-1
- Open Space/Recreational
I-1
- Institutional
M-1
- Light Industrial
M-2
- Medium Industrial
A-1
- Limited Agricultural
A-5
- Agricultural/Excavation
T-1
- Trailer Park District
SPECIAL MEETINGS AND WORKSHOPS
Monday, 7/25/83 - 12:30 P.M.
1:00 P.M.
Tuesday, 7/26/83 - 1:00 P.M.
- Special Meeting, Council
Chambers
- Budget Workshop, Council
Chambers
- Special Meeting in lieu of
previously announced Workshop,
Council Chambers
iPAGE SEVEN
51. Police Facility - Discussion and possible action to
approve the proposal of Miller & Meier to build a Police
Facility and completely remodel City Hall.
52. University H_ ospital - University Hospital - Discussion and
possible action to approve a waiver to permit a precast
wall instead of a CBS wall.
7/27,Pg.l
Agend.by Con
Pg.43,APPVD.
proposal of
Miller &
Meier.
7/27,Pg. 1
Agend. by Cc
Pg.38 APPVD.
w/Conditions
53. Sludge Farm - Discussion and possible action to approve an 7/27,Pg. 2
invoice received from Broward Review in the amount of Agen.by Cons
$195.00 for publication relating to the Sludge Farm. Pg. 39,APPVE
54. Tract 44 - Discussion and possible action to approve pay- 7/27,Pg. 2
ment of an invoice received from D. Gomberg for $684.00 Agen.by Cons
for reporting services in connection with the Tract 44 Pg.39 APPVD.
Appeal.
55. Williams, Hatfield & Stoner - Discussion and possible action7/27,Pg. 2
to approve payment of an invoice for $266.88 for consulta- Agen. by Con
tion services in connection with the Ticon and Sludge Farm Pg.39 APPVD.
items.
56. Ashmont - Temp. Reso. #2824 - Discussion and possible action7/27,Pg.3
to approve a revised site plan for Phase I reflecting the Agend.byCon.
relocation of a cabana and shade area. Pg.39 APPVD.
57. Quality Lawn Service - Discussion and possible action to 7/27,Pg.3
accept a letter of termination received this date. Agend.by Cor.
Pg. 40 AC-
CEPTED.
7/27,
58. Alexander Grant & Co. - Letter of intent dated 7/26/83. Pg.12,Agen.
by Consent -
APPROVED.
59. Colony West Country Club - Revised Landscape Plan. 7/27,Pg.21
- -_. Agen.by Con:
Beaut.Comm.6
C/Planner
auth.to
review.
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
JULY 27, 1983
Tape CALL TO ORDER: Mayor Walter W. Falck called the meeting to order
1 on Wednesday, July 27, 1983 at 9:30 A.M. in the Council Chambers.
PRESENT: Mayor Walter W. Falck
Vice Mayor Helen Massaro
Councilman Philip B. Kravitz
Councilman Jack Stelzer
ABSENT AND..EXCUSED: Councilman David E. Krantz
ALSO PRESENT: City Manager, Laura Z. Stuurmans
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 announced the items which have been given a specific
time to be heard.
51. Police Facility - Discussion and possible action to approve the
proposal of Miller & Meier to build a Police Facility and com-
pletely remodel City Hall.
SYNOPSIS OF ACTION: Agendized by
'onsent (See Page 43).
C/M Kravitz MOVED to Agendize by Consent the possible approval of
the proposal. of Miller & Meier for development plans. SECONDED by
V/M Massaro.
VOTE:
ALL VOTED AYE
21 f) Resolution of Intent for Broward County to hire a private
contractor to install a traffic light at 61st Street and
University Drive.
SYNOPSIS OF ACTION: Agendized
)y Consent (See Pages 30 and 31).
V/M Massaro MOVED to Agendize by Consent, a Resolution of Intent for
the County to install a traffic light at University Drive and 61st
Street. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
52. University Hospital - Discussion and possible action to approve
a waiver to permit a precast wall instead of a CBS wall.
SYNOPSIS OF ACTION: Agendized by
:onsent (See Page 38)
V/M Massaro MOVED to Agendize by Consent, a request by University
Hospital for a waiver to allow a precast wall instead of a CBS wall.
SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
-1- 7/27/83
/rb
26 a). Cardinal Industries, Inc. - Resolution of Necessity - Temp.Reso:
#2823 - Discussion and possible action Co hold a public hearing for
Special Assessment for a water line.
;YNOPSIS OF ACTION: Agendized
)y Consent (See Page 20).
V/M Massaro MOVED to Agendize by Consent, a Resolution of Necessity
to hold a public hearina concerning special assessments .for a water
line involving Southgate Gardens Apartments. SECONDED by C/M Kravitz.
VOTE: ALL VOTED 'AYE
53. Sludge Farm - Discussion and possible action to approve an
invoice received from Broward Review in the amount of $195.00
for publication relating to the Sludge Farm.
YNOPSIS OF ACTION: Agendized
y Consent (See Page 39).
V/M Massaro MOVED to Agendize by Consent, payment of a bill for $195.00
from Broward Review for publication relating to the Sludge Farm. SECONDED
by C/M Kravitz.
VOTE: ALT, VOTFn AYE
54. Tract 44 - Discussion and possible action to approve payment of an
invoice received from D. Gomberg for $684.00 for reporting services
in connection with the Tract 44 Appeal.
YNOPSIS OF ACTION: Agendized by
onsent (See Page 39).
V/M Massaro MOVED to Agendize by Consent the approval of payment of
an invoice from D. Gomberg in the amount of $684.00 for reporting
services relating to the Tract 44 Appeal. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
55. Williams, Hatfield & Stoner - Discussion and possible action to
approve payment of an invoice for $266.88 for consultation services
in connection with the Ticon and Sludge Farm items.
YNOPSIS OF ACTION: Agendized
y Consent (See Page 39).
V/M Massaro MOVED to Agendize by Consent, approval of payment to Williams,
Hatfield & Stoner, in the amount of $266.88 for consultation services re-
garding the Ticon and Sludge Farm items. SECONDED by C/M Kravitz.
VOTE:
COMMUNITY DEVELOPMENT
ALL VOTED AYE
30. Tamarac Town Square - Bond Release - _Temp. Reso. #2807 - Discussion
and possible action to release a bond posted for -the installation of
.landscaping.
YNOPSIS OF ACTION: REMOVED from
Benda.
V/M Massaro MOVED to remove this item from the agenda as the work is not
completed. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
-2- 7/27/83
/rb
56. Ashmont - Temp. Reso. #2824 - Discussion and possible action to
approve a revised site plan for Phase I reflecting the relocation
of a cabana and shade area.
SYNOPSIS OF ACTION: Agendized by
Consent ( See Page 39).
V/M Massaro MOVED to Agendize by Consent, the approval of Temp. Reso.
#2824 for a revised site plan for Phase I reflecting the relocation of
the cabana and shade area. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
43. Woodmont Tract 59 -
and possible action
improvements.
SYNOPSIS OF ACTION: REMOVED
from Agenda.
Performance Bond - Tem . Reso. #2803 - Discussior
to call a performance bond posted for public
V/M Massaro MOVED to Remove this item from the agenda_as the extension
of the bond to November 9 has been received.
SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
57. Quality Lawn Service - Discussion and possible action to accept a
letter of termination received this date.
YNOPSIS OF ACTION: Agendized
y Consent (See Page 40).
V/M Massaro MOVED to Agendize by Consent, the approval of a letter
of termination, with thirty days notice, effective August 31, 1983.
SECONDED by C/M Kravitz.
VOTE:
PRESENTATIONS AND AWARDS
ALL VOTED AYE
1. Employee Service Awards - Presentation by City Manager Stuurmans
of five year pins to Paul Nash and Alvin Johnson, Public Works
Department, and ten-year pins to Lucy Curtis, City Clerk's office
and Brian Klemm, Police Department.
YNOPSIS OF ACTION: Awards
resented.
City Manager Stuurmans presented the awards, thanked the employees
for their good work and expressed the appreciation of the City to them.
2. Presentation by Mayor Falck of Certificates of Appreciation to
Patricia Grillo and Irving Lopatey in recognition of their con-
tributions to the City (tabled from 7/13/83).
YNOPSIS OF ACTION: Award presented
o Patricia Grillo. Award for
rving Lopatey held due to absence.
Mayor Falck presented a certificate to Patricia Grillo and expressed
the appreciation of the City for her fine work.
V/M Massaro said that Mrs. Grillo did wonderful work for
the Burglar Alarm Committee and thanked her for it.
-3- 7/27/83
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3. Presentation by Mayor Falck of a plaque to Virginia Taylor in
recognition of her contribution to the City.
YNOPSIS OF ACTION: Plaque
,resented.
Mayor Falck presented the plaque to Mrs. Taylor and thanked her for
her fine work for many years in behalf of the City.
4. Year of the Bible - Presentation by Mayor Falck of a proclamation
designating 1983 as "Year of the Bible".
YNOPSIS OF ACTION_: In absence
,f proper individuals, Proclamation
,ill be mailed.
Mayor Falck said :that he received a phone call from the representatives
advising that they will be unable to attend this meeting; and he asked
the City Clerk to see that the plaque is mailed to the proper individuals.
5. National Executive Housekeepers -- Presentation by Mayor Falck of
a proclamation designating September 11-17, 1983,.as "National
Executive Housekeepers Week".
YNOPSIS OF ACTION: Proclamation
resented.
Mayor Falck presented the proclamation to the representative of the
Florida Gold Coast Chapter of Executive Housekeepers association, and
designated, September 11-17, 1983 as "National Executive Housekeepers
Week".
GENERAL ADMINISTRATIVE/FINANCIAL
15. Tamarac Park - Discussion and possible action to authorize the
City Manager to purchase certain maintenance equipment from the
Parks and Recreation Fund.
YNOPSIS OF ACTION: Authorization
iven to City Manager to purchase
-quipment for $11,529.00, money to
le taken from Parks and Recreation
'und.
City Manager Stuurmans said she sent a memorandum to Council indicating
that four pieces of lawn and park maintenance equipment
were requested by the Recreation Director totalling $11,529.00.
This equipment consists of a riding mower, a trailer for the mower,
a spreader and a vacuum. City Manager Stuurmans
requested these funds be taken from the Parks and Recreation Fund.
V/M Massaro MOVED approval of the purchase of the equipment and that
the money be taken from the Parks and Recreation Fund. SECONDED by
C/M Kravitz.
VOTE: ALL VOTED AYE
6.� CONSENT AGEFDA
.YNOPSIS OF ACTION: APPROVED
), b), d), e), f), g), h),
and j). c) REMOVED and
.hen APPROVED on Page 18.
a) Minutes of 6/14/83 - Special Meeting - Approval recommended by
City Clerk.
b) Alan F.Ruf - Consultant City Attorney - 7/22/83 - $1,030.00 --
Approval recommended by City Attorney.
c) Mitchell Ceasar - Grants Consultant - 7/17/83 - $1,456.42 -
Approval recommended by City Manager.
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d) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick,
P.A. - Labor Counsel - 7/7/83 - $287.14 - Approval recommended
by City Manager.
e)
Howard, Brawner & Lovett w Counsel regarding 201 Plan - 7/7/83 -
$1,050.00 - Approval recommended by City Attorney.
f)
Williams, Hatfield & Stoner,
Inc. - Consulting Engineer - 6/6/83 -
Project 1710--13, Statement 4
- $68.88 -- Approval recommended by
City Engineer.
g)
Williams, Hatfield & Stoner,
Inc. - Consulting Engineer - 6/7/83 -
Project 1724-0, Statement 24
-- $974.01 - Approval recommended by
City Engineer.
h)
Williams, Hatfield & Stoner,
Inc. - Consulting Engineer - 6/30/83 -
Project 1710--0, Statement 34
- $1,175.63 - Approval recommended by
City Engineer.
i) Intercounty Construction Corporation -- Installation of Utilities
West Raw Water Main - Approval of Change Order. No. 1 increasing
the contract price by $5,496.54 to a total of $217,584.54.
j) Woodmont Road Right -of -Way Vacations - Request for partial refund
of fees.- Approval to extend the tabling action to the meeting of
9/14/83.
C/M Kravitz requested that Council hold Item c) until
Item 17 is heard at 1:30 P.M, today; and- he MOVED to approve Item 6,
Consent Agenda a),b), d), e), f), g), h), i), j). SECONDED by V/M
Massaro.
VOTE:
ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
16. N.W. 44th Strut - „Temp- Re,sQ_ 127gl, - Discussion and possible
action on a request from the City of Lauderhill to expend
funds for half the cost of resurfacing this street.
YNOPSIS OF ACTION: TABLED
or preparation of priority
ist. Public Works Dept. to
ake minor street repairs.
Mayor Eugene A. Cipolloni of the City of Lauderhill said he is before
Council today to discuss N.W. 44th Street, which the City of Lauderhill
shares with the City of Tamarac. fie stated that 44th Street is
scheduled in Lauderhill's budget to be resurfaced this year and in corres-
pondence with the City of Tamarac he requested both cities come to an
agreement to nave the worx done. He said that 44th Street is deteriorat-
i.ncxinto a hazardous condition as the shoulders are breaking,
and_ that upon contacting the City of Tamarac's Engineering Staff, he
was informed that the City feels it should not be done. Mayor Cipolloni
said he hopes Tamarac and Lauderhill can agree to jointly bear the cost
of resurfacing and restripinq this street.
C/M John F. Mu�li�n-.� said - .he know-q this street. n(.e -s resurfacina
as he lives in Inverarry. He said Lauderhill has the equipment and the
total cost is $23,750.00, divided in half would come to $11,875.00 each.
He said the --road was nej7er a good one and it is heavily used by the residents
of both cities equally and (requests the City of Tamarac go along with
the City of Lauderhill in having the work done as soon as possible,
sharing the cost. He pointed out that the residents of Woodlands use
that road frequently.
V/M Massaro said she disagrees that Woodlands
residents use that road because there is no entrance to 44th Street from
Woodlands and the residents there use Commercial Boulevard.
-5- 7/27/83
C/M Mullin explained that the residents enroute to
the bank come out of Woodlands onto Rock Island Road and make a
right turn onto 44th Street.
City Engineer, Larry Keating said that when the City of Tamarac
received a request to participate in repaving 44th Street, his
department inspected that roadway at the request of Mayor Falck,
in an effort to determine what was needed.,. He said the inspection
was done and it was determined that maintenance was required and
shoulder work could be done, but the Engineering Department felt
the need was not a higher priority than some of the other streets
in Tamarac which are now about fifteen years old and need repaving
just as much as 44th Street does.
City Attorney Hennina asked if the intersection at_Rock_xaland__Road
and 44th Street would be included in the repaving, and Mayor Falck
said it would not. Mr. Henning said he asked that question because
there is a case pending in the Circuit Court and a plaintiff named
John McGee is suing both Tamarac and Lauderhill over an area of the
intersection at Rock Island Road and 44th Street and the design and
maintenance of that intersection. The suit has not yet come to
trial,Mr.Henning explained, and he does not know whether the remarks made
here today refer to that intersection or other areas of 44th Street.
He said he feels the City does not " _ need to make a judgment
as to the maintenance or design of the intersection.
Mayor Cipolloni said the repaving does not include the intersection
because the intersection is already designed and paved. He said
the paving will start approximately 100 feet west of the intersection,
and go to the future 64th Avenue, which will be in Tamarac and meets
44th Street; and that is the section Tamarac and Lauderhill share.
He said it has already been established that the center line of the
existing pavement is the dividing line between the City of Tamarac
and the City of Lauderhill.
V/M Massaro said she feels Council should authorize the City Manager
to instruct the Public Works Department to take care of the minor
repairs immediately, as mentioned by Mr. Keating. She explained that
the City is now in the process of establishing priorities but will
not have the results until September; and at that time Council will
be in a better position to make a judgment in this matter.
She MOVED to table this item until a priority list is set up
so the City will know exactly what should be taken care of first.
C/M Mullin explained that this request was made because Lauderhill
has an opportunity to yet this work done for a good price. He asked
whether it would be possible for the City Manager to work with the
City of Lauderhill when 44th Street becomes a priority, and repave
all of 44th Street and Lauderhill will pay Tamarac for their share at
that time. He said it was a long process to get this company to work
with the City of Lauderhill and they would not be able to do that again;
and therefore would be willing to agree now and in writing that when
Tamarac determines that 44th Street is a priority street to be re-
surfaced, they do Lauderhill's portion and bill them so they would
not have to advertise and solicit bids again.
V/M Massaro said she sees no problem with that suggestion and the
appropriate letter could be prepared by the City Attorney and the
City Manager together with Mayor Cipolloni.
C/M Mullin stated that the City of Tamarac can now
have some repaving done for a very reasonable price of $25.00 per
ton for asphalt and he requests authorization from the City of Tamarac
to have the resurfacing done and then when Tamarac establishes a
priority list, they could pay Lauderhill for their portion.
-6- 7/27/83
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V/M Massaro said she does not think the City should do that at this
time.
Mayor Falck said the City of Tamarac could do the resurfacing when
44th Street becomes a priority, and bill Lauderhill for their share
at that time.
Mayor Cipolloni said'he does not want to dispute staff's opinion
of the condition of the road but he feels the resurfacing should
be done as soon as possible.
V/M Massaro stated that she feels nothing has to be done at this
time and when a priority list is established and 44th Street becomes
a priority, Mayor Falck and Mayor Cipolloni could get together
to discuss the matter and decide how to handle it, and both Cities
will, pay their share.
C/M Stelzer said he sees no harm in preparing an Agreement for
both cities to pay their share when the resurfacing of 44th Street
becomes a priority, so that future discussions can be avoided.
V/M Massaro said another meeting would have to be held because money is
involved, but an agreement can be reached at this time that Tamarac will
pay their share of the resurfacing when it becomes a priority.
Mayor Cipolloni said he is ready at this time to commit the City of
Lauderhill to pay their share of resurfacing 44th Street.
He said he is sure when the City of Tamarac is ready to have the
repaving done, they will seek out the best price and
he is willing to state today that Lauderhill will pay their share as
the City of Lauderhill is anxious to have the resurfacing done
and will make the commitment for the record, following through with
a letter so stating.
C/M Mullin stated that Lauderhill has at the present time,
a concrete offer to have the work done now at $25.00 per ton, and
they are willing to have it done and ask that the City of Tamarac
pay $11,875.00 when the work is completed; and if Tamarac does not
want to pay that amount at this time, he feels he can convince the
Lauderhill Council to wait for the payment.
Mayor Falck said that our City Engineer feels that the $11,875.00
should be spent on some of the areas that are in worse condition
at this .time; but Council has agreed to evaluate the situation.
V/M Massaro's MOTION to TABLE this item until a priority list is set up, was
SECONDED by C/M Kravitz.
VOTE: 'ALL VOTED AYE
13. Alexander Grant & Co. - Discussion and possible action on:
a) Presentation of Report on Internal Control Procedures,
July, 1983, and acknowledgment of receipt by Temp. Reso. #2797.
b) Payment in the amount of $10,000.00 for preparation of this
Report.
YNOPSIS OF ACTION: a) APPROVED RESOLUTION NO. R-83--0'1�V — PASSED
:knowledging receipt of Report
Internal Control Procedures.
) APPROVED payment of $10,000:00
Dr Report on Internal Control
rocedures .
City Attorney Jon Henning read the Resolution by title and Mr. Burt
Ermaer of the f irra of Alexander. Grant & Co. stated that a Report of
Internal Control Procedureswas prepared for the City of Tamarac
by Alexander Grant & Co. in accordance with discussions with
Council and a letter written outlining the assignment dated
-7- 7/27/83
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April 14, 1983,and approved by Council. He explained that a Payroll
Payoff was done in the City, which means that the payroll checks for a
pay period were personally distributed to the City employees to de-
termine that everyone receiving a check was properly authorized to
be on the payroll of the City.
Mr. Emmer said a review was performed on a test basis, sampling the
building permit fees for a certain period of time and an architect was
engaged to work along with Alexander Grant & Co., to review sample
building plans and recalculate the building permit fees to determine
whether the City was receiving the proper building permit fees.
Mr. Emmer said departmental operating procedures,as agreed in the en-
gagement letter, were reviewed of the Public Works Department, Utility
Operations, Police Department, Fire Department and Building Department,
with relation to the controls dealing with operating supplies and in-
ventory, equipment and time in attendance and whether there was proper
accountability control over these items.
Mr. Emmer stated that Alexander Grant & Co. rendered a report to the
City of Tamarac dated July 7, 1983 indicating their findings, con-
clusions and recommendations.
Tape Mr. Ken Meuser of the firm of Alexander Grant & Co. summarized their
2 findings, conclusions and recommendations by stating that in the
Payroll Payoff, checks were distributed to the employees of the City
for a payroll.period and there were no exceptions or phantom employees
and no problem with the City payroll.
Mr. Meuser said that on the Building Permit testings, minor differences
were found in which some variances were over and
some were under but there was no pattern with regard to undercharging
or overcharging building permit fees; nor was there a pattern amongst
developers as to the fees they were charged. He said recommendations were riac
regarding the building permit fees to the effect that the slab size
and building volume which are the major components of the building
permit fees, should be specifically defined in either the City Code
or the City Ordinance regarding building permit fees. Mr. Meuser also stated
that it was noted there was no space provided on the application for pla
review fee. This was being written in on another line, but if it were
preprinted on the form it would help the employees to collect the fee;
and this would be an additional control.
On the review of the City Departments, Mr. Meuser said it was found that
Public Works does have a major lack of accountability. The shop parts
inventory system could be streamlined and more control exercised. The
regular public works supplies and the equipment as well, lacked account-
ability control in that there was no one administrative person actually
controlling the use of these supplies and the use was not being reported
on the work orders at all times; and work orders must be used to main-
tain accountability of the supplies and equipment for Public Works.
Mr. Meuser stated that the Utility Department was found to be generally
well controlled and a few recommendations were made which are outlined
in the Report of Internal Control; and there were no major problems en-
countered in the Police Department.He said recommendation was made in the
Building Department procedures that the reinspection fees be reviewed
and specifically outlined as to whether reinspection fees should be
charged or not; and in Risk Management, it was felt that the City
should establish controls for insurance recoveries when City property
is damaged as well as a policy for authorizing settlements.
--8-- 7/27/83
/rb
C/M Kravitz said he has some questions relating to the Report of
Internal Control Procedures and. mentioned that the Alexander Grant
Company informed the City in their letter of April 14, 1983, that
they intended to include in the Report, the Public Works Department,
Utility Operations, Police Department and Fire Department; and he
interpreted that statement to mean that the four departments mentioned
would be included but the other departments would not be excluded.
C/M Kravitz further stated that as far as the payroll is concerned,
he questions whether the deductions were checked and whether the
benefits are correct as the Report does not refer to those deductions.
As far as the inventories are concerned, C/M Kravitz said,this pre-
vailedon previous audits and he referred to the Report of Sept. 30,
1978 6f Internal Accounting Control and Client Advisory Comments.
He said that one year later, on September 30, 1979, Tamarac received the
exact same Report and at that time the City had the same problems.
He said when the scandal occurred with the Public Works Department,
he personally felt it would be advisable for the City to have
a Report of Internal Control Procedures prepared but he was disturbed
when he found the Report contained nothing new.
C/M Kravitz said he was particularly disturbed when he read thelast
paragraph in the Report, which reads:
Because of inherent limitations in any system of
Internal Accounting Control, errors or irregu-
larities may nevertheless occur and not be de-
tected. Also, projection of any evaluation of
the system to future periods is subject to the risk
that procedures may become inadequate because of
changes in conditions or to the degree of compliance
with procedures may deteriorate. Accordingly, moni-
toring the Internal Control system is a task requir-
ing regular review and evaluation by the City" .
C/M Kravitz informed Council that an article appeared in the Miami
Herald on July 12, 1983 concerning a Certified Public Accountant
from the City of Tamarac who found fault with the audit and the
Report. Upon reading the article, Mayor Falck was very disturbed about
it, as he himself was. C/M Kravitz said that he felt
the main purpose of the Report was to find the errors and correct
them fot the future and to obtain the advice of the auditors as
to what should be done to correct the errors. He stated that he
also felt the Report should have _covered- the other departments
who handled cash as well.
C/M Kravitz stated that the Report cost the City $10,000.00 and
would have been well worth the money if it contained the information
the City required; but is of no value to the City since it contained
nothing new and served no purpose other than to show the residents
that the Council and City employees have nothing to hide. He said
he feels that future reports should give the City proper guidance
to avoid a recurrence, of an incident similar to the one at the
Public Works Department.
Mr. Burt Emmer said the arrangement for the Report was made directly
with C/M Kravitz, at which time there were specific conversations
during which the City Manager and the Finance Director were present;
and it was clearly stated what the Report would do and the extent
to which it would be done. The Departments to be covered were outlined,
and,a clear understanding was established.
Mr. Emmer further stated that as a part of the regular financial audit,
Alexander Grant & Co. does a very exhaustive test of payroll de-
ductions and fringe benefits and on a sample basis they check about
sixty employees' deductions and recalculate what they call the "gross
to net" and look for the authorizations for the deductions. He said
it would not have been practical to duplicate those procedures, as
C/M Kravitz suggested.
-9- 7/27/83
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Mx. Emmer said C/M Kravitz,_as a former C.P.A., is well
aware that there is no such thing in Controls as absolute assurance
and nobody gives it. He said with reference to the letter from
the C.P.A. in Tamarac., he has been able to locate the gentlemen
and found that the letter was written on the basis of a single news-
paper article but he never had any conversation or referred to any
files and therefore has no basis to give a report or make any comments.
Mr. Emmer further stated that with reference to the value of the
Report, C/M Kravitz clearly stated at the meeting that the objective
of this assignment was to get verification from an outside party
that certain procedures which needed correction would be identified;
and Alexander Grant & Co. feel they have accomplished that objective
and have fulfilled the obligation made to the City.
C/M Stelzer said when the subject of an Internal Control Report
was discussed, he felt that nothing would be contained in the
Report that the City did not already know. He said he has been indirectly
involved with the budget of the City since 1973 and has seen every
Report since then. Fie referred to a report dated November 1, 1971
which was the first audit the City had done; and at that time there
were complaints about .the lack of inw,ern.al control; and since then
every report received from Alexander Grant indicated there was
lack of internal control. C/M Stelzer said that as an accountant
himself, he knows that auditors cannot check every single item but
can only make recommendations that certain areas should be improved.
He explained that Department Heads should see that internal controls
are installed and the City Manager should see that they are monitored
properly and the accountants check to see if the controls are adequate.
C/M Stelzer stated that he was not disappointed with the Report.
He knew what it would contain as the City knew there was a lack of
control at the Public Works Department. He said when he started with
the City officially this past April, and even before that time, he
was looking for certain, information that could be obtained only through
an analysis of work orders, at which time it was found there were
six work orders which contained insufficient information; and therefore,
the City knew even then that the controls were inadequate.
C/M Stelzer mentioned that with regard to the future, there has been
talk about engaging a full time internal control auditor but he .
feels the Citv should set up adequate controls and that it be the
duty of the City Manager to see that the controls are constantly
monitored.
C/M Stelzer stated that he feels Alexander Grant & Co. has done their
work and should be paid.
V/M Massaro said she feels the Report told the City nothing and
she was very disappointed with it. She said Steve Wood's Report
told the City the same thing before the Internal Report was prepared
and it almost seems as though Alexander Grant took Mr. Wood's report
and filled in the blanks. She said she expected more than we received
for the $10,000.00. V/M Massaro said she knows that there is no control
that is foolproof and it does require constant monitoring. She said
she has not really had sufficient time to determine whether Alexander
Grant has fulfilled their agreement with the City; but it certainly is
not what she expected and she is reluctant to pay $10,000.00 when she feel
the City received nothing for it. She said as far as she is
concerneu, she would not even approve the acceptance of Le Report
and would be willing at this time only to acknowledge receipt of a Report
of Internal Controls.
C/M Stelzer stated that V/M Massaro says she is disappointed with the
Report because Steve Wood made certain statements and recommendations
that were also made by Alexander Grant & Co. He said Alexander Grant
& Co. cannot manufacture things that are wrong in order to come up
with something that the City does not already know.
-10- 7/27/83
V/M Massaro said she knows from her own experience that when
auditors feel they have found something wrong, they recommend
a solution to avoid recurrence of the wrongdoing.
Mayor Falck said he does not interpret the Report in the same
manner V/M Massaro does. He stated that when he reviewed the
Report, he knew precisely what the City had to do. He said for example,
the reference in the Report to the self-insurance fund and
the Property damage fund prompted him to inform the. City Manager
what his position would be and that she should respond in kind
to the recommendations made. The Mayor said he felt that was
the purpose of the Report and in referring to the engagement
letter he felt the Report tied in very well with it
and he does not understand what the complaint is .
Mr. Ray Munitz said that as a Certified Public Accountant
himself, he is concerned with whether
the auditor will make any changes in the scope of the program
because of the recommendations made in the Report. He would also
like to hear the comments from the City Manager on all the recom-
mendations contained in the Report as that information would make
the Report of some value. Mr: Munitz said if the Report is just
a beginning of something better in the City, it is valuable.
He said as far as payment of the bill for services, in the Accounting
profession, a letter of engagement is a contract of employment;
and no matter how the job is done,when you employ somebody to do a
job, you pay them for it. if the job was not done to the City's
satisfaction, Alexander Grant & Co. should not be rehired.
Mr. Munitz commented that he did not see why the City hired Alexander
Grant & Co. for next year before reviewing the Report of Internal
Control.
City Manager Laura Stuurmans said she has instructed the various
departments to review the comments contained in the Report. She
stated that she has met with the department heads and discussed
some of the areas with them and in most instances, concurs
with the recommendations made in the Report. She said a report
is being prepared which she hopes to discuss with Mr. Emmer
concerning the Public Works Department work order operations.
C/M Kravitz said he received a letter on July 26, 1983 addressed
to the Mayor and the City Council from the Alexander Grant Co.
which stated the following:
" At a meeting on Thursday, July 21, 1983, C/M
Kravitz requested that I prepare this letter for
your consideration. At the meeting C/M Kravitz
requested that certain items in our financial audit
which we have been engaged to perform for the fiscal
year ending Sept. 30, 1983, be expanded in the scope.
The items are as follows:
1. That we audit in detail all City Council compensa-
tion and legislative expenditures for the fiscal year.
2. That we review and report on all fund balances in
writing.
3. That we adjust the scope and procedures of our audit
programmed as a result of the results from Alexander
Grant & Company's Report on Internal Control Pro-
cedures dated July 1983.
4. That we review all charges from the general fund to
water and sewer Utilities West.
5. That we report on legal compliance with all fiscal
matters contained in the City's Charter regardless
of materiality.
I would appreciate your considertion in this matter so that
you may furnish me direction as to whether these changes
should be made in the financial audit. No additional fees
will be required for any of these items discussed in this
letter. i will await your action. it
-11- 7/27/83
/rb
C/M Kravitz suggested that Council approve adding these items -to
the City's audit.
Ray Munitz said he feels that the inclusion of the five items
mentioned is very important.
C/M Kravitz MOVED the adoption of Temp. Reso. #2797 acknowledging
receipt of Report of Internal Control Procedures submitted by the
Alexander Grant & Co. SECONDED by C/M Stelzer.
VOTE: C/M Stelzer Aye
C/M Kravitz Aye
V/M Massaro Nay
Mayor Falck Aye
b) C/M Kravitz MOVED to approve the payment of $10,000.00 to
Alexander Grant & Co., as agreed. SECONDED by C/M Stelzer.
VOTE: C/M Stelzer Aye
C/M Kravitz Aye
V/M Massaro Nay
Mayor Falck Aye
Mayor Falck said that with regard to the communication received
from the Alexander Grant Co.,he feels this should be taken up
separately and C/M Kravitz MOVED to Aqendize by Consent the matter
of including in 'their audit of September 30, 1983, the five items
mentioned in the July 26, 1983 letter from Alexander Grant & Co.
SECONDED by V/M Massaro..
MAW
ALL VOTED AYE
58. Alexander Grant & Co. -- Letter of Intent dated July 26, 1983 -
Y_: NOPSIS OF ACTIONAgendized by
:onsent. APPROVED
C/M Kravitz MOVED to approve the Letter of Intent dated July 26, 1983
from Alexander Grant & Co. outlining the five items to be included in
their audit. SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
33. Gold Tam Shops - Discussion and possible action on:
a) Site Plan - Tema. Reso. 42810
b) Plat - Temp. Reso. #2811.
c) Landscape Plan
d) Water and Sewer Developers Agreement
e) Water Retention Agreement
(to be located on the north side of Commercial Boulevard, west of
Sutter Hardware).
SYNOPSIS OF ACTION: a) APPROVED with RESOLUTION NO. R-3�«2/v2 PASSED
conditions. b), c), d) and e) APPROVED. RESOLUTION NO. PASSED
a) City Attorney Jon Henning read the Resolution by title and V/M
Massaro asked that the Site Plan be deferred to September, although
action could be taken on the plat. She said there has not yet been an
opportunity to determine the appropriate fees for traffic lights and
the study that is being prepared should be complete by September.
The representative of the applicant agreed at
this time to the payment of appropriate fees so the approval of the
Site Plan will not be held up.
-12- 7/27/83
/rb
City Attorney Jon Henning explained to Council that since the
applicant stated for the record payment will be made for their
fair share of the appropriate fees, approval can be qiven on
the site plan subject to conditions.
The applicant presented to the City Clerk checks in the amounts
of $3,750.00 for the Water & Sewer Developers Agreement, $87.10 for
Drainage Improvement and $1,190.00 for Water Retention.
Tape VIM Massaro MOVED the approval of the Site Plan subject to the
3 following conditions:
- That they shall not place any second floor over the north and
south retail bays.
- That they obtain County permit for drainage overflow con-
nections on Commercial Boulevard drainage system.
- That they obtain. County and State approval for driveway
construction on Commercial Boulevard, if applicable.
- That payment be received for fair share of fees to be assessed
for signalization and no permits to be issued until this is
satisfied.
SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
b) City Attorney Jon Henning read the Resolution by title and
VIM Massaro MOVED the approval of the Plat. SECONDED by C/M Kravitz.
VOTE,: ALL VOTED AYE
VIM Massaro mentioned that there is an ingress/egress easement on
Commercial Boulevard where attempts are being made to establish a
service road so that all businesses can be accommodated. but Sutter
Hardware has not agreed to the utilization of their area.
City Attorney Henning explained that barricades could be kept in place
until the City requests their removal and the applicant inquired
whether landscaping could be used in place of barricades until the road
is installed, to improve the appearance of the area. Mr. Henning said
that would be permissible.
VIM Massaro said she wants to have it clearly understood for the record
that this is an established easement and when Sutter Hardware requests
it be opened, Gold Tam Shops will immediately comply with this request
and the applicant concurred.
c) VIM. Massaro MOVED the approval of the landscape plan. SECONDED by
C/in Kravitz.
VOTE: ALL VOTED AYE
d) VIM Massaro MOVED the approval of the Water and Sewer Developers
Agreement. SECONDED by C/M Kravitz.;
VOTE: ALL VOTED AYE
e) VIM Massaso MOVED the approval of the Water Retention Agreement,
with the addition of the address of 7700 Commercial Boulevard.
SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
4.6. Fairways IIl - Warranty !yonk_l Release - Temp. Re,c). #2781 -
Discuosaon and possible action to release a warrainty bond posted
for public improvements (tabled from 7/13/83).
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-83-,.W3 PASSE
City Attorney Jon Henning read the Resolution by title and VIM Massaro
stated the item had been tabled because the work was not completed
and the $5,000.00 bond was needed to cover the remedial repairs that
were still outstanding. She said the City has the $5,000.00 bond in
-13- 7/27/83
. possession and it becomes effective upon the release of the
$25,341.25 bond and she MOVED that TempRoso. #2781 releasing
the $25,341.25 bond be adopted. SECONDED'by C%M Kravitz.
VOTE:
ALL VOTED AYE
38. Piccadilly Cafeteria - Discussion and possible action to approve
an amendment to the Water and Sewer Developers Agreement.
SYNOPSIS OF ACTION: APPROVED
V/M Massaro said that since the fee has been paid, she would MOVE
the approval of the amendment to the Water and Sewer Developers
Agreement. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
39. Green Thumb Lawn & Garden Center - Si2n Waiver - Temp. Reso. #2801 --
Discussion andpossible'_'action to extend a waiver of the sign
Ordinance for a temporary sign on property other than their own.
YNOPSIS OF ACTION: APPROVED for
ne year from 9/8/83.
RESOLUTION NO. R-83-,?/_PASSED
City Attorney Jon Henning read the Resolution by title and V/M
Massaro stated that the fee has been paid and there have been
no complaints regarding this sign and she would MOVE to approve the
extension of the sign waiver for one year from September 8, 1983.
SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
41. Ed ewater Vi11a e-_ - Model Salb.s Facility - Discussion and possible
action to renew a model sales permit and waiver of the 150-foot
distance requirement for Certificates of Occupancy.
YNOPSIS OF ACTION: APPROVED for
ix months from 9/12/83.
V/M Massaro said the fee has been paid and she MOVED the approval of the
renewal of the model sales permit and waiver of the 150 foot distance
requirement for Certificates of Occupancy, for six months from
September 12, 1983. SECONDED by C/M Kravitz_
Mrs. Melanie K. Reynolds said a danqerous situation exists at the
model sales facility because they do not cut their grass and
the approaching cars cannot be seen. Mayor Falck instructed the City
Manager to look into it and to be sure that the grass is properly cut.
VOTE:
ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
7. Bid Award - Utilities West - Temp. Reso. #3794 - Discussion and
possible action to award a bid for a bac hoe loader and trailer.
YNOPSIS OF ACTION: TABLED to
ieeting of 9 14 83 at City
.ariager`' s request.
City Manager Stuurmans stated that the bids were received just last
week and she is not, satisfied with the response and would like Council to
table the item until September.
C/M Kravitz MOVED to table this item to the meeting of September 14, 198--
SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
-14- 7/27/83
/rb
8. Utilities East - E ineerina Services - Discussion and possible
action to authorize Williams, Hatfield & Stoner, Inc. to perform
certain studies.
SYNOPSIS OF ACTION: TABLED to
meeting of 9714783. City Manager
to authorize Utilities West to
prepare Infiltration/Inflow
Determination, if possible.
City Manager Laura Stuurmans said that Council received a cover memo
from Larry Keating, City Engineer, together with a letter dated
July 19, 1983 from Williams, Hatfield & Stoner. Their letter concerned
the scope of services to be performed within the utility system, which
encompasses the Infiltration/Inflow Determination, the Pump Station
Force Main Analysis and the Water Distribution Analysis. The City
Manager explained that Williams, Hatfield & Stoner feel the work is
necessary because of the increased pressure by developers to tie into
the east system; and as the City enters into the 20l Program,any addition
infiltration into the system will cost the users more money. She said
she feels that Council should authorize Williams, Hatfield & Stoner
to perform the work.
V/M Massaro said she does not agree with the City Manager as the
Infiltration/Inflow ,Study is an ongoing program in the City and
should be done in --house. She stated that the City has already pur-
chased the necessary equipment and the City employees should be
able to do the work. As for the Pump Station Force Main Analysis and
the Water Distribution analysis, said V/M Massaro, the developer
should pay for the Studies and an agreement entered into for the work
to be performed.
V/M Massaro said she feels the Infiltration/Inflow Determination is the
responsibility of the City, because the City would save money on the
sewage that is treated instead of paying for water to. be treated.
Mayor Falck said his main concern regarding the pump station is the
fact that it has been equipped but has been idle for a long time and
before it can be used, changes and modifications might be necessary,
and if the pump station needs to be rebuilt, the City will be billed
for the replacement.
City Manager Stuurmans said she would recommend tabling this item
as opposed to rejecting the proposal, so that Council can determine
which services can be performed in-house.
V/M Massaro said she feels that the City Manager should authorize
the work to be started in-house immediately as Williams,
Hatfield & Stoner advised the City that the work would take four
months. She said it would not cost the City the $16,000.00 to do the
work, which would be the charge if Williams. Hatfield & Stoner performs
the studies. V/M Massaro advised the City Manager to get
together with the developer to prepare an agreement, so that by
September, Council will be in a position to move forward on this matter.
C/M Kravitz explained that if Council tables this item, the action to
authorize Williams, Hatfield & Stoner to perform the work is being
tabled and when Council receives the necessary information in September
the item can be reconsidered.
Mayor Falck suggested that the Infiltration/Inflow Determination
be performed in-house as the Vice Mayor suggested and Council can
table those portions of the item relating to the proposed study by
Williams, Hatfield & Stoner.
-15 - 7/27/83
/rb
V/M Massaro stated that the question is not whether the City
engages Williams, Hatfield & Stoner to do the work
but whether the developer will be responsible for payment of
the Study; and if the developer does pay for it, the City can
then engage Williams, Hatfield & Stoner since they are the
City's Consulting Engineers.
V/M Massaro MOVED to table this item to the meeting of September 14,1983
with authorization to the City Manager to instruct Tamarac Utilities
West to prepare the Infiltration/Inflow Determination,,if
possible. SECONDED by C/M Kravitz.
VOTE:
COMMUNITY DEVELOPMENT
ALL VOTED AYE
. Colony West Country Club - Discussion and possible action on:
T
a) Report from City Engineer on guardrail on McNab Road and
adjacent to maintenance road (tabled from 27 83).
b) Approval to operate a restaurant with on -premises consumption
of alcoholic beverages.
YNOPSIS OF ACTION: a) APPROVED guardrail
t McNab Rd. Action on guardrail adjacent
o maintenance road TABLED to 9/28/R3 meet-
ng. b) APPROVED with conditions.
a) V/M Massaro stated that the City Engineer reported that a guardrail
is necessary on McNab Road and she TMOVED that notification he given to
Colony West Country Club regarding the installation, informing them
to contact the City Engineer to determine exactly what is needed.
SECONDED by C/.M Kravitz. '
VOTE:
ALL VOTED AYE
V/M Massaro MOVED to table the action on installation of a guardrail
adjacent to maintenance road, to the Sept. 28, 1983 meeting, for
further research. SECONDED by C/M Kravitz.
VOTE.: - ALL VOTED AYE
b) City Attorney Jon Henning explained that the area in question is
zoned as S-1 and this situation is similar to that concerning_ a
Special Exception, although Special Exceptions are applicable only tc
"B" zoning areas. The City Attorney further explained that the
City Code states that Council exercises jurisdiction over regulations
for S-1 zoning and under that jurisdiction, Council has authority to
pass by Motion the request of Mr. Gary Livigne to have on -premises
consumption of alcoholic beverages.
Mr. Henning said that Mr. Livigne is currently conductincr a similar
business in the City of Pembroke Pines and has no record
there with the Police Department.
Mr. Livigne said that his business will basically be a breakfast/lunch
operation and the anticipated hours of operation will be from 7:00 A.M.
to 3:00 P.M. for breakfast and lunch purposes. Mr. Livigne further
explained that he will also operate "The Halfway House" which is a
snackshop area which will be in operation during the same hours.
He said the facilities will also be available to private parties,
during the evening hours.
V/M Massaro said that liquor licenses are issued for hours of 8:00 A.M.
to 2:00 A.M. local time and Mr. Livigne said alcoholic beverages
would not be served at 7:00 and there will be no one on duty until
11:00 A.M. for that purpose, and on Sundays until 1:00 P.M.
-16- 7/27/83
/rb
Mr. Emil Beutner mentioned the possibility of workmen purchasing
alcoholic beverages to carry out and stated that a restriction
should be made that alcoholic beverages cannot be sold to take out.
Mr. Livigne said that consumption will be only for on -premises
purposes as that is the law, and that at his Pembroke Pines
operation, nobody is allowed to take anything off premises, and
employees are instructed to take the beverage away from anyone
off the premises.
Tape V/M Massaro MOVED to approve the operation of a restaurant with
4 on -premises consumption of alcoholic beverages in the name of
Gary Livigne d/b/a Colony West Country Club Restaurant, subject
to the following restrictions:
- That alcoholic beverages be for on -premises consumption only,
from 8:00 A.M. to 2:00 A.M. local time daily, and Sundays 1:00 P.M.
to 2:00 A.M. local time.
- That application be made for appropriate occupational license.
- That appropriate State liquor license be obtained.
- That license issued by the City is not transferable.
The Motion was SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
29. Golfview Plaza -- Temp. Reso. #2759 - Discussion and possible
actiono authorize execution of a Tri-Party Agreement with
Broward County and Executive Golf Apartments, Inc., regarding
development of this project (tabled from 6/22/83).
SYNOPSIS OF ACTION: TABLED to
neeting of 9 28 83.
City ?attorney Jon Henning read the Resolution by title and Mr. Joel
Gustaf son, represeil'ti g tCne developer, said that with regard to the
Tri-Party Agreement, the County is aware that rezoning can be ac-
complished under the land use plan to allow for an increase of the
intensity of use as it relates to road impacts and fees. Fie advised
Council that the developer intends to use the land for industrial,
which generates a lesser road impact than commercial or residential
use does.
Mr. Gustafson further explained that a portion of this parcel of land
is in the City of Fort Lauderdale and therefore a Tri-Party Agreement
is required as it would put the County on notice of any changes in
the use of the land.
City Attorney Henning stated the pt.oblem is that the City of Tamarac
does not feel they should be in the business of policing the contracts
and problems of Broward County.
Mr.. Gustafson said this problem is not a unique one and he has been
involved in other situations where the County has no way of determining
whether the developer changes the rules and regulations when there is
a split jurisdictional situation as relates to the land development.
V/M Massaro said she feels the City of Fort Lauderdale should be a
party to an Agreement relating to this matter.
City Attorney Henning said one of the possibilities would be that
Council request a redrafting of the Tri--Party Agreement to include
the City of Fort Lauderdale, tabling the item to September.
C/M Kravitz MOVED to table this item the meeting of Sept. 38, 1983.
SECONDED by V/M Massaro.
VOTE:
ALL VOTED AYE
THE MEETING WAS RECESSED FOR LUNCH UNTIL 1:30
-17- 7/27/83
/-I-
Tape THE MEETING WAS CALLED TO ORDER AT 1:30 AND ALL WERE PRESENT.
5
GENERAL ADMINISTRATIVE/FINANCIAL
17. Grants - Update report on the status of Grants by Mitchel Ceasar,
Grants Consultant.
SYNOPSIS OF ACTION: Report
presented.
Mr. Ceasar said that with regard to the memos requested by the City
concerning the status of grants he is working on, copies of the
memos for the last four months have been mailed to the City Manager
and are available to Council..
C/M Kravitz said he received reports relating to activity in Tallahassee
and those are not the reports required but Council needs reports
on grants.
Mr. Ceasar explained the memos are 'interspersed and for example, the
April report is almost entirely legislative and contains five or six
bills that impact the City, whereas there was a more recent memo that
dealt almost entirely with grants; and he has in his possession at
this time copies of all the memos and will be happy to answer,
questions pertaining to them.
The following report was given by Mr. Ceasar, which he stated will be
reflected in a memo that. will be sent to the City in approximately one
week to ten days.
1 - American �,xpress - Gr-an}.� nn'. gi-;yen to cities 7,nt at':(,-r1r)tr1
are being made to obtain a private grant.
2 - Senior Employment Program - Today the City received a continuation
grant for an amount of between $12,000.00 and $15,000.00 for the
year for two additional positions.
3 - Veterans Park -- Application made to South Florida Water Management
District for funding up to an amount of $15,000.00 for water
fountains, restrooms, etc.
4 - Bike Path Grant - City's request is progressing and looks promising.
5 - Block Grant Program - Checking to see if we can opt out of program
or apply for funding of between $150,000.00 and $200,000.00 for
hookups in East Tamarac.
6 -- Community Services Trust Fund - Application for grant for funding
for a transportation van or ambulance, with an 8/l/83 deadline.
Will research guidelines.
7 - Wastewater Treatment -- Grant from D.E.R. - Continuing efforts
being made. The City is on the 1984 priority list with relation
to planning.
8 - Found no grant money available for Police Facility or for Computer
Software.
9 - Rock Pit - Checking status of City's application as last information
was that funds would be available some time in August.
CONSENT AGENDA
c) Mitchell Ceasar - Grants Consultant - 7/17/83 - $1,456.42 --
Approval of payment recommended by City Manager.
SYNOPSIS OF ACTION: APPROVED.
(See Pages 4 & 5)'.
C/M Kravitz questioned Mr. Ceasar about his April trip to Tallahassee
relatinq to the Burglar Alarm bill which has nothing to do with grants,,
and why that item appears on the bill in connection with grants.
-18- 7/27/83
/rb
Mr. Ceasar said that the bill does not pertain to grants, but
rather to legislative lobbying in Tallahassee which is part of
his job description and relates to the Burglar Alarm Bill that was
discussed extensively with him by Council.
V/M Massaro, MOVED to approve payment of the bill submitted by Mr.
Ceasar in the amount of $1,456.42 covering the monthly fee plus
expenses. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
45. Treehouse A artments - Discussion and possible action on:
a) Water and sanitary sewer easement - Tem . Reno. #2821.
b) Bill of Sale for water distribution and sewage collection
system improvements -- Temp. Reso. #2822.
c) Model sales permit and waiver of 300-foot distance requirement
for Certificates of Occupancy.
SYNOPSIS OF ACTION: a) and b) RESOLUTION NO. R-83- p? PASSED
APPROVED as amended. c) APPROVED fcr RESOLUTION NO. R-83- 1az ^PASSED
six months. All subject to execution of
tbe proper documents..
a) City Attorney Jon Henning read the Resolution by title and explained
that the City is anxious to approve the easement in question when it
is properly executed. He said there are improvements on the Treehouse
Apartments property that Lakeside Apartments which is adjacent to the
Treehouse property, want to hook into so as to obtain service from
Tamarac Utilities West. He said there are organizations named
Treehouse Ltd. 1, 2, 3, 4, 5 and 6,which are all limited partnerships
in the State of Florida, as well as Treehouse Condominium Association,
Inc.,, and all these parties have joined together to provide the City
with the necessary easement and pumping station, as requested by the
City Engineer.
Mr. Henning stated that a question arose as to whether the City will
pay for the electricity and he said when the City receives the
properly executed documents, they will pay for the electricity and
accept responsibility for maintenance and repair of the easement.
Mr. George Platt,representing the six limited partnerships and the
Condominium Association, stated that the Water and sewer easement
is acceptable in present form today but requires an
additional page for signature purposes to allow the Condominium Assoc-
iation to sign separately, and the developer's engineer will be in town
next week to perform the inspection and authorize the signatures.
He explained that separate signatures might be necessary because
the representatives of Treehouse Apartments are also on the Board of
the Condominium Association and have a fiduciary duty which will run
to the purchasers as Treehouse Apartments is already
a condominium. Mr. Platt stated there are no conditions to the
Agreement with the exception of the final inspection.
Mr. Henning asked whether the signatures would be accomplished by
next week and Mr. Plat said they would.
V/M Massaro asked whether the engineers have determined that the lines
are adequate for the condominium and Lakeside Plaza and Mr. Platt
said that Williams, Hatfield & Stoner and the City Engineer have
certified that they are adequate for both developments.
City Attorney Henning recommended to Council that if approval is
given for the water and sanitary sewer easement, it is done subject
to the execution by proper parties.
` 19- 7/27/83
/rb
V/M Massaro MOVED to approve Temp. Reso. #2821 accepting the water
and sanitary easement, subject to execution by appropriate parties.
SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
b) City Attorney Jon Henning read the Resolution by title and
V/M Massaro MOVED the adoption of Ted._ Reso. #2822, as amended,
to reflect that the City will be responsible for repair, maintenance
and electric bills for the easement and pumping station, subject
to the execution by appropriate parties. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
c) V/M Massaro stated that a waiver of the 300 foot distance require-
ment is necessary as to sell the units.There cannot be any separation
other than the one shown since the model sales offices are at various
points and she MOVED the approval of the model sales permit upon re-
ceipt of the properly executed documents requested under Tem. Reso.
#2821 and Temp. Reso. #2822. SECONDED by C/M Kravitz.
VOTE :
ALL VOTED AYE
37. United Federal Savin s :roan As;sc»'i'a-tion I:)iF,cussion an(l possible
action on:
a) ReNrised Site Plan for addition vDf a drive -up window and
lobby addition - _Temp. Reso.. #2800.
b) Water Retention Agreement.
iYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R--83--A2?Z9 �PASSED
i) and b) .
a) City Attorney Jon Henning read the Resolution by title and V/M
Massaro explained that the bank will extend the lobby and the area
that is currently occupied by a planter will become part of the
lobby. In addition, 202 feet will be taken from the outside of the
building to be used for a drive -up window which will not change the
teller lanes but will allow for an additional window to serve
customers more efficiently. V/M Massaro MOVED the approval of the
Revised Site Plan, adopting Tema. Reso. #2800. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
b) V/M Massaro said since payment was received by the City in the
amount of $3,500.00 for Water Retention and $260.00 for drainage
improvements, she would MOVE the approval of the Water Retention
Agreement. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
26. Cardinal Industries, Inc. - Report from City Attorney concerning
Special Assessment involving Southgate Gardens Apartments for
a water line. Discussion and possible action.
a) Temp. Reso. #2823 - Resolution of Necessity
SYNOPSIS OF ACTION: a) Ayendized by RESOLUTION NO. R-83-A2a k PASSED
Consent on Page 2. Public Hearing to
be held on 9/14/83 at 8:00 P.M.
City Attorney Jon Henning read the Resolution by title and stated
that this is a Resolution of Necessity for a public hearing.
He said that at a previous meeting, Council discussed the problems
of an eight inch water main which is needed for fire protection
on Southgate Boulevard. He said some of this water main has already
been installed by the Exxon Station which is under construction at
University Drive and Southgate Boulevard; and there is now the
need to continue eastward with this eight inch pipe along Southgate
Gardens property to the existing apartments, and then along the
vacant area which is the area Cardinal Industries is contemplating
purchasing. When the pipe reaches 71 Avenue, it will connect with
an existing pipe to complete the loop for water service for the
necessary fire hydrants and possibly other water service.
--20- 7/27/83
/rb
Mr. Henning stated that Southgate Gardens have allowed their permit
to expire and have closed down their model sales office. It is
for this reason that Council feels it is important to move forward on this
item and the Code provides for a Resolution as there is a necessity
for this service.: He said in accordance with the Resolution, an
announcement must be made today about the date for a public hearing,
which will be the next step in this procedure.
V/M Massaro said in order to expedite matters, she would suggest the
public hearing be held the first meeting in September and staff who
will be working in August can.handle the necessary arrangements with
the newspapers to provide notice.
V/M Massaro said she would like to amend the Resolution to read,
"including,but not limited to,administrative and engineering design
fees and all other fees required by Code". Mr. Henning said this
amendment will appear in Section 2.
V/M Massaro MOVED the adoption of Temp. Reso. #2823, a Resolution of
r�
Necessityrrequiring the need for cnstruction of a local improvement.
SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
59. Colony West Count r Club - Revised Landscape Plan.
7YNOPSIS OF ACTION: Agendized
7y Consent. Beautification Committee
end City Planner authorized to review.
V/M Massaro MOVED to Aqendize by Consent,approval of the revised laAdscapi
plan at Colony West Country Club. SECONDED by,C/14 Kravitz.
VOTE:
ALL VOTED AYE
V/M Massaro said the landscape plan has been revised ,for Colony
West Country Club, even though it had been previously approved.
She advised that Mrs. Florence Bochenek
said the revised plan would be approved by the Beautification Committee
only if it is better than the previously approved plan.
V/M Massaro MOVED to authorize the Beautification Committee along with
Mr. Richard Rubin, to review the revised plan submitted and Council
to be guided by their judgment, providing the plan is better than
the one already approved. SECONDED by C/M Kravitz.
Mrs. Bochenek explained that Mr. Rubin will review the plans first,
after which a meeting will take place, so that the proper decision
will be made as to whether the revised plan is better than the
one originally approved by Council.
VOTE:
ALL VOTED AYE
PUBLIC HEARINGS
Tane 22. Cardinal Industries, Inc. - Rezoning Petition #13-µZ-83 --
6 Temp. Ord. #1055 - Discussion and possible action to rezone
lands at the southwest corner of N.W. 71 Avenue and Southgate
Boulevard, east of the existing Southgate Gardens Apartments,
from R-3 (Low Density Multiple) to R-4A (Planned Apartments).
Second Reading.
a) Acceptance of Affidavit of Publication and Affidavit of
Posting.
b) Consideration of application.
SYNOPSIS OF ACTION: a) ACCEPTED.
a) APPROVED as Amended, on Second
Reading, with an effective date of
9/21/83. Escrow Agreement and
Declaration of Restrictions APPROVED.
pRDINANCE NO. O- j 6o PASSED
-21- 7/27/83
/rb
a) C/M Kravitz MOVED to accept the Affidavits of Publication
and Posting. SECONDED by C/M Stelzer.
VOTE: ALL VOTED''AYE
b) City Attorney Jon Henning read the Ordinance by title.
Mayor Falck asked if anyone of the public wished to speak and
Mr. Ray Munitz asked if there is a relationship between this
item and item 25 which also concerns Cardinal Industries.
V/M Massaro stated that the parcels involved are Southgate Gardens
and the land adjacent to it which is the property in which
Cardinal Industries is interested; and the intent for creating
a special assessment district for the pipe that is needed, is
required for the record. The City intends to proceed in this
matter even if Cardinal Industries does not because the current
pipe is inadequate to create the proper pressure for the existing
buildinqs in case of firer and the special assessment will
necessitate Cardinal Industries or any other purchaser of the propert,
to pay their fair share for the piping.
Mayor Falck asked if anyone else of the public wished to speak.
There was no response and the public hearing was closed.
City Attorney Henning stated that the City received a copy of a
proposal for an agreement from Mr. Brady on behalf of Cardinal
Industries, but there were revisions necessary as certain pro-
visions were eliminated.
Mayor Falck asked what the difference is between this agreement
and the one Council passed on First Reading.
V/M Massaro said a problem exists
with the first agreement regarding the rezoning and the possibility
of Cardinal Industries not acquiring the property. Cardinal
Industries have an option to purchase the property, depending upon
whether or not Council approves the rezoning, and she is concerned about
how the City would be protected if Cardinal Industries does not
acquire the land after it is rezoned.
Mr. Tim Brady, representing Cardinal Industries, said when the rezoning
is concluded, the site plan will be presented. He said the developer want
the City to be protected and since their closing date is September 20,
they ask that the Ordinance become effective before that date.
Mr. Henning said it would be appropriate to amend the Ordinace to become
effective on September 21, 1983 since Council next meets on September 14..
n,p said the City is concerned about this matter and wants assurance that
the closing will take place after site plan approval. The building per-
mits can be processed before the rezoning becomes effective, although
work could not commence until the rezoning is approved. Mr. Brady said
that Cardinal Industries concurs with that procedure and also with the
language of the Ordinance, as presented,and the executed document will
be returned to the City along with the fees of $35,000.00 the day after
tomorrow.
V/M Massaro said final figures were presented by Mr. Toll and these
were reviewed by the City Attorney and the Engineering Department
and the figures will be reduced, but until, the Ordinance is executed
will remain in escrow.
City Attorney -Henning said if Council approves the Ordinance by
Motion, he asks that Alan Ruf,,Consulting City Attorney be appointed
as Escrow Agent.
V/M Massaro MOVED the adoption of Temp. Ord. #1055 as amended, adding
the effective date of September 21, 1983, rezoning the lands at the
southwest corner of 71 Avenue and Southgate Boulevard. SECONDED by
C/M Kravitz.
VOTE: ALL VOTED AYE
--22- 7/27/83
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V/M Massaro MOVED to approve the Escrow Agreeement, naming Mr.
Alan Ruf as Escrow Agent, subject to execution by all parties.
SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
V/M Massaro MOVED to approve the Declaration of Restrictions,
which restricts this property not to exceed 62 units and the
zoning regulation of R-3 except as regards density, shall control
the development of the property, that the residential structures
to be constructed are not to exceed one story in height, that
these covenants run with the land, and that this be a recordable
document. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
23. Irving Waltman, Trustee - Rezoning Petition #30-Z--82 -- TemP.
Ord. #1057 - Discussion and possible action to rezone lands
at the northwest corner of McNab Road and University Drive,
extending northward along University Drive for 660 feet and
westward along McNab Road for 660 feet, less the corner parcel
occupied by United Federal Savings & Loan Association, from B-6
(Business District) to B-1 (Neighborhood Business). First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of Posting
and Affidavit of Mailing.
b). Consideration of application.
;YNOPSIS OF ACTION: a) ACCEPTED.
)) APPROVED with conditions on
'irst Reading.
a) C/M Kravitz MOVED to accept the Affidavits of Publication, Posting
and Mailing. SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
b) Mr. Julian Bryan, representing the petitioner, stated that this
property is located at the northwest corner of McNab Road and
University Drive, and is directly behind United Federal Savings &
Loan Association,hordered on the north by the University Medical Center
to the west end of the property. There is also an additional 30,000
square feet at the front of the parcel. He said the B-6 zoning directly
to the west along McNab Road is presently undeveloped and the property
to the northwest,. Academy Hills,is R-2 duplex zoning
whose recreational facilities abut$ the property under discussion
today.
Mr. Bryan explained that when this property was originally developed
under the R--2 zoning, that zoning required that the unit be purchased
and that half of it be rented as it could not be sold as a condominium
at that time; and therefore there are units at that location at present
which are rented by owners who either live on the other side or are
absentee owners. He said that the land use patterns in the are -
are that directly east are Family Mart and.Shell Oil Service Station which
are zoned B-2 and_B-3, as well asyshoppina centers to the north which are.
in operation and another one under construction at the present time.
The southeast corner contains the Publix market and is an L-shaped
shopping center. The southwest corner is a small one acre B-1 tract
on the corner with the balance of the frontage along McNab Road running
westerly being R-4A (Concord Village).
Mr. Bryan stated that the developments in the area are such that much
of McNab Road was not developed over the years because it was
incomplete to the east and this property is probably the second or
third most intensely used intersection of the City, with the first
being State Rd.7 at Commercial Boulevard, the second being University Dri.'
at Commercial Boulevard, and the property under discussion is the
third. University Drive is planned with a 200 foot right-of-way
and McNab Road a 120 foot right-of-way which will be at least four
lanes and perhaps six.
-23_ 7/27/83
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Mr. Bryan stated that he had prepared an office questionnaire .
and analyzed eight office buildings along McNab Road, University
Drive and Commercial Boulevard, at which time he found that _
presently-ther6 exists 37,000 square feet of completed unoccupied
office space available in Tamarac and those buildings alone,
represent. a 28% vacancy factor. He explained that in every one
of the small shopping centers zoned B-1, B-2 and B-3, there
exists office space which are used by attorneys, accountants,
and doctors; and consequently there is not a demand for additional
office space. If there were a demand,there are also somewhere
between 45 and 50 acres of B-6 zoning, which could support
additional offices.
Mr. Bryan said that the Planning Commission approved the plan for
rezoning unanimously and nobody opposed the petition. The petitioner
did have many conversations with the residents of Academy Hills
who indicated their concerns in certain areas and these considerations
are attached to Council's backup packet, as prepared by Mr. Waltman
and are also reflected in .an.exhibit,which is.a reduction of the one
shown on the easement.
As explained by Mr. Bryan, the petitioner has restricted the westernmost
180 feet east and west by 360 feet north and south to not allow any
food service, processing or sales in the entire cross section. The
setback adjacent to Academy Hills has been increased from 50 feet to
60 feet. The maximum building height would be 30 feet and would not
permit the additional 10 feet that are allowed under business zoning
for roof structures and air conditioning equipment. In addition,
a 20 foot landscape buffer was agreed to with a 3 foot high berm on McNab
Road and a 40 foot landscape buffer with a 3 foot high berm on
University Drive as well as the future dedication of 40 feet of right-of-
way which will be necessary when the property is presented for site
plan and plat approval as it has not previously been platted.
He said the perimeter buffers are as required by Code as having a
10 foot landscape buffer adjacent to residential which will be
continued along the western property line to McNab Road, reflecting
the same building setback.
Mr. Bryan said that the backup packet also contains a copy of
a document conveyed to United Federal Savings & Loan Association
dealing with an ingress/egress lease agreement which gives them the
opportunity to gain access eastbound without going out to University
Drive.
As explained by Mr. Bryan, the construction of an 8 foot bike path
would be at the westernmost 8 feet.pf the 45.toot right-of-way.
The petitioner has agreed to convey an easement with proper legal
description and would do that prior to Second Reading of the Ordinance,
as well as make payment of up to $2,500.00 toward the construction of
the bike path, if necessary. He said that Mr. Dick Rubin advised
that there is funding presently available for the bike path and the
$2,500.00 would probably not be needed, but if the funding lapses,
the petitioner would contribute up to $2,500.00 for this purpose.
V/M Massaro said if the funding does lapse, the cost of a bike path
would be more than $2,500.00 and Mr. Bryan said that
the petitioner would make a commitment for an amount up to $3,000.00 for
that purpose.
V/M Massaro said she noted that the restrictions state the building
setback shall be a minimum of 60 feet, and the way this is written
as well as the way subsection d) is written, there is a 40 foot
landscape buffer where the subject property abuts Uni%ersity Drive,
so there is a difference in the wording of the restrictions and she
assumes parking will be placed in the 60 foot setback.
Mr. Bryan said that a sentence would need to be added to Item 1 on page
2 of the restrictions to read "the building setback shall be a minimum
of 60 feet along the west property line".
-24- 7/27/83
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V/11 Massaro stated that parking would not be permitted in the 40
foot landscape buffer and Mr. Bryan said the plans indicate that
to be correct.
Mayor Falck asked if any one of the public wished to speak. There
was no response and the Mayor closed the public hearing.
City Attorney Jon Henning read the Ordinance by title and V/M
Massaro MOVED to approve Temp. Ord. #1057, Rezoning Petition
#30-Z--82, on First Reading, subject to the following conditions:
1) That a perpetual easement for a bikeway path within the east
forty feet of the subject property be presented to the City.
2) That the applicant will furnish the City with a check for $3,000.00
for said bikeway path along subject property, which will be placed
in escrow for that purpose. If this is funded by the State, this
will be reimbursed.
3) Between now and Second Reading, fees will be determined for the
signalization and road improvements that will be needed for the
property.
The Motion was SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
24. Golden Pagoda, Inc. - Special Exception Petition #12-Z-83 -
Tem . Reso. 42799 -- Discussion and possible action to grant a
special exception to permit on -premises consumption of beer and
wine in conjunction with a proposed restaurant to be located
in Tamarac Town Square, 8263 Pine Island Road, which is zoned
B-3 (General Business).
YNOPSIS OF ACTION: APPROVED With Conditions RESOLUTION NO. R-83- ,%O PASS?
City Attorney Jon Henning read the Resolution by title and the rep-
resentative for the developer stated this will be an 80-seat res-
taurant located in Unit #13 of the Tamarac Town Square. He said
in compliance with State law, there will be no alcoholic beverages
served to minors and the hours of operation will be from 11:00 A.M.
to approximately 10:00 P.M., and the intent is to serve high quality
Chinese food and the beer and wine is an accommodation to the customers
who would like to have beer or wine with their dinner.
Mayor Falck asked if any one of the public wished to speak. There
was no response and the public hearing was closed.
V/M Massaro MOVED to approve Tem ..Reso. #2799 granting a Special
Exception to allow the consumption of beer and wine at Golden Pagoda,Inc.
restaurant at Tamarac Town Square, for the hours of 8:00 A.M. to 2:00 A.M'
daily and 1:00 P.M. to 2:00 A.M. on Sundays, local time. SECONDED by
C/M Kravitz.
VOTE: ALL VOTED AYE
25. UTA Cable Corporation - Tem . Ord. #1056 - Discussion and
possible action to grant a non-exclusive franchise for a
community antenna television system for a service area in the
SYNOPSIS OF AC'TjON:1o5ugic iirjigUlL`jarsity Drive.
See Page 34 for further action.
City Attorney Jon Henning read the Ordinance by title and Mrs. Vickie
Beech, resident, asked whether it would be appropriate for Mr. Ceasar,
the City's grant securer, to speak on this subject.
-25- 74A7/83
Tape Mr. Henning stated that a disclosure was made many weeks ago
7 that Mr. Ceasar is representing American Video. He said the
representatives of American Video are present today as they wish
to be heard as members of the public with regard to the UTA Cable
franchise and because Council placed on the agenda, an
update report on the status of the American Video franchise.
Mr. Henning said that each attorney has an obligation to determine
for himself if there is a conflict in representation. Mr. Ceasar
has disclosed to the Council that he is representing American
Video and it is assumed Mr. Ceasar will not pursue the representation
if a conflict occurs. Mr. Henning said he sees no problem with
this and is not concerned about a conflict.
Mayor Falck asked if any one of the public wished to speak.
Mr. Ray Munitz suggested the two attorneys speak first so that the
public can get a clearer picture of the situation, and Mayor Falck
said he sees no problem with that.
Mr. Bob Haber, representing the UTA Cable Corporation, said he felt
it would be appropriate for the representatives of American Video
to make their presentation first; and Mr. Henning explained that
American Video's presentation would be part of the public hearing.
Mr. Henning said this matter was discussed at the last Council meeting,
at which time there was a concern about rates. He said since the
First Reading there have been discussions on the existing franchise
with American Video, and comparisons were made between their rates
and those of the UTA.Cable Corporation. It was found that all the
installation rates are the same. There is also a monthly converter
charge for the basic service and American Video have one type of box
which is placed on top of the T.V. for $9.50 per month and they have
a wired remote control box for $11.00 per month. He explained that
UTA Cable Corporation will not have the box to be placed on top of
the T.V. set and all their boxes will be remote control either with
a cord or wireless and their rate will be $11.00
per month for basic service. Additional outlets are the same price:
$3.00 without a converter and $6.50 with a converter for the extra
rooms, which is identical to what exists with American Video. There is a
bug service rate of $3.00 per month if a guardhouse system is desired.
This would be built in without a converter and is anticipated at
Kings Point but could be at any other condominium. He stated the
actual charges for the premium channels may be $1.00 or so more
because fJTA is a smaller system without the discounts
American Video has in their contracts with HBO, Showtime, etc. Mr. Henninc
said it is anticipated that there will be security services but this is
not built into the rate schedule at the present time. There will
be no rate increases without an Ordinance passed by Council.
They would be entitled to charge less than the rates specified,
as explained by Mr. Henning, but not any additional amounts.
The services offered by UTA Cable Corporation and American Video,
as explained by Mr. Henning, are virtually the same, although
American Video does have a few channels in their basic service
which might not be offered by UTA Cable Corporation.
Mr. Henning said that most of the cable will be underground whenever
possible and as it stands now, the term of the franchise will be just
over twenty years and UTA Cable Corporation is asking Council to
accept a ten year option for extension, based
upon the fact that American Video has that option and they would like
the same language American Video has, which appears on the last sheet
of the franchise agreement regarding renewal. They are asking that
paragraph 8 be amended to read that there will be a ten year option
for extension.
At the present time, stated Mr. Henning, this franchise -relates to the
area west of University Drive in Tamarac with the exception of Land
Section 7 but if Council wishes, Land Section 7 can be included.
-26- 7/27/83
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Mr. Henning said there is no change in the insurance, performance
bond and various guarantees to the City, as previously discussed,
and payment will be made by UTA Cable Corporation to the City in
the amount of 5% of all revenues received, on a quarterly basis
for the first five years and on a monthly basis thereafter. There
will be an annual audit by a certified public accountant who is
independent of UTA Cable Corporation, to be presented to the City.He said
UTA has agreed to assist the City in obtaining FCC approval of the
5% franchise fee and will pay the maximum service fee to the City
on all services allowed by law.
C/M Stelzer inquired about the possibility of UTA not exercising
the option of extension for ten years, and Mr. Henning said the
wires in the ground or in the homes are the property of UTA Cable
Corporation to do with as they wish and if they do not exercise the
option of renewal, they cannot use the wires and would have to
either abandon them or sell them to the next franchise dealer.
V/M Massaro said Stipulation #12 states that the fees are to be 5%
and she requested that the language be changed to cover the appropriate
fees if the FCC increases the fees. Mr. Henning said Stipulation #12
could be amended in paragraph #7 to read that the UTA Cable Corporation
will pay the maximum franchise fee allowable by applicable law, as
amended from time to time, and if the law permits greater than 5%,
they will agree now to an amendment to Stipulation #12.
Mr. Haber said Stipulation #12 was made and entered into by UTA in
good faith. He said the Stipulation refers to a twenty year term
arid UTA is now requesting paragraph #7 to be amended to read that
UTA be permitted to pay 5% during the first twenty years, and
for the ten year renewal period, pay the franchise fee which is
applicable at that time.
V/M Massaro said that UTA Cable Corporation would have the option
to come before Council from time to time to present their case, as
all companies do, when they feel they must request an increase of
their rates.
Mr. Hart, representing the UTA Cable Corporation, said if there is
an increase beyond 5t, UTA asks Council for permission to raise their
rates automatically to offset the increase.
V/M Massaro said she feels Council could not offer UTA that option
because in the past, when other cable television companies came
before Council requesting an increase, Council did not object to the
increase, if there was no objection from the public. She said there
was a time when service became poor and Council did not authorize
the increase until the service was improved.
Mr. Hart said that UTA based their rates upon the 5% franchise fee
and if the fee is increased beyond 5%, they would have to restructure
their rates.
V/M Massaro said under no circumstances would Council agree to an
increase of rates if the fee is increased, unless it is proven that
the service to the public is good.
City Attorney Jon Henning said iCouncil
had requested the fees to be the maximum allowed by law, which is
presently 50. The UTA Cable Corporation requested an extension of
ten years after the twenty years mentioned in the Franchise Agreement;
and he would recommend that the appropriate language be added to
Page 8 of the Agreement, stating that the fee is to be the maximum
allowed by law from this day forward, and if the maximum is in excess
of 5%, UTA will agree now to an amendment of Stipulation #12.
_27- 7/27/83
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City Attorney Jon Henning referred Council to Paragraph 13 f) on the
next to last page of the Franchise Agreement, which states, "UTA
shall not be obligated to provide cable television service in the
franchised area outside the developments known as Tamarac Gardens
and Kings Point. in Tamarac unless such area is continguous to
either development and is not presently receiving cable T.V. service".
Mr. Henning stated that UTA has requested that paragraph be stricken
and in its place adding a paragraph to read, "The Grantee is not
obligated to construct its cable television system in other than an
orderly, logical and progressive manner from the head end station".
Mr. Henning clarified the request of UTA stating that they are asking
to build out from the head end station, if economically feasible,
depending upon the demand in the area; and Council must decide
whether to delete that paragraph or accept the request for a logical
and progressive growth outward from the head end station.
V/M Massaro said she felt this is a reasonable request.
Mayor Falck said he saw no problem with the change requested.
V/M Massaro questioned whether there was an inclusion in the Agreement
as to whether UTA is required to pay for street cuts, borings, etc.
and Mr. Hart said this is included in Paragraph #6 of the Agreement,
and that Paragraph #6 also states that UTA is to construct its cable
system underground or follow the public utilities in their construction
format which means thatywherever the public utilities have poles in-
stalled, UTA would attempt to use their poles and where there are no
poles, UTA will go underground.
V/M Massaro asked whether UTA would utilize trio poles that beloii(3 to
the public utilities companies and Mr. Henning referred to Section 3
of the American Video Ordinance which states the cable television
company can make attachments to poles already in existence with the
City and if the existing poles are insufficient for that purpose,
the company shall have the right to rent and maintain their own
poles,with the approval of the City.
Mr. Hart pointed out to Council that all the new developments in
Broward County are underground developments..
Mayor Falck asked whether any one of the public wished to speak, and
Mr. Ray Munitz referred to paragraph #13 f) regarding the proposed
change in the language that was accepted by Council. He said he
feels the paragraph would cover the possibility of residents outside
of Kings Point and Tamarac Gardens who are requesting the services of
UTA but it does not cover the possibility of residents in Tamarac
Gardens and Kings Point preferring the services of American Video
as opposed to the services of UTA Cable Corporation.
City Attorney Henning stated that extensive studies have been made
of the utility easements. These are blanket easements which can
be used by any utility company, and therefore UTA Cable Corporation
could not prevent American Video from using the easement. He
explained further that both these franchises are non-exclusive
which means that American Video could lay a cable in Kings Point
or Tamarac Gardens, if economically feasible.
Tape Mr. Barry Lemieux, representing American Video, said that with
8 respect to the legal issue in this matter, if Council grants a
franchise to the UTA Cable Corporation, they are actually granting
an exclusive franchise because to utilize the public easements,
American Video would need the permission of Lennar_ Homes, and
UTA Cable Corporation is a wholly owned subsidiary of Lennar; therefore,
Lennar controls the actions of UTA Cable Corporation.
-28- 7/27/83
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Mr. Lemieux said that UTA has refused to accept the language
proposed by American Video which would basically make it possible
for American Video to gain the necessary access to the easement.
Mr. Lemieux further stated that the proposed Ordinance for UTA
is discriminatory as they are asking not only for exclusive
rights to Tamarac Gardens and Kings Point, but for all territory
west of University Drive, without a clear cut obligagion to provide
services to any resident desiring it and therefore, the language
submitted is unclear as to what it means from a consumer standpoint.
Fie said the American Video franchise requires that they extend
their lines to serve any and all applicants for television services
whose dwellings and places of business are located within the City
and that the service rendered shall be available to all inhabitants
in the City. He feels that what is contemplated by UTA is that
once their head end is built, they will build outs if economically
feasible to them, into the more lucrative areas west of
University Drive, and on that basis could come before Council in
the future to request areas east of University Drive.
Mayor Falck asked whether any one of the public wished to speak.
There was no response and the public hearing was closed.
C/M Stelzer said this is a unique situation and he feels the City
should obtain a hold harmless agreement from Lennar, Inc.,so
that the City would not be involved in any potential law suit.
He feels if the hold harmless agreement is not obtained by the
City, the franchise should not be awarded.
Mr. Haber suggested the City obtain from American Video, an agreement
stating they will not sue the City. He referred to a Supreme Court
case known as the Boulder Case.
Mr. Henning said the case referred to in Boulder, Colorado relates
to the fact that the City cannot issue exclusive franchises and
it does not answer the question of whether Lennar would give Council a
hold harmless agreement. Mr. Henning asked Mr. Haber whether
Lennar would offer that agreement, and Mr. Haber said he is before
Council as the attorney for the UTA Cable Corporation requesting
a franchise for a cable television company and not regarding a
possible law suit.
Mayor Falck said he is not concerned with the problems referred
to by C/M Stelzer because regardless of a hold harmless agreement,
the City could be sued. He said the easements provide an
opportunity for American Video to get to the individual units
and there is concern about whether service can be provided beyond
the easements. The Mayor said it is his understanding that each
of the buildings will have a Homeowners Association after the units
are sold and they will have the right to request service from
American Video if they so wish. He feels the residents have
the right to use American Video's service, if they want
to, .and the City will not be able to obtain a hold harmless agreement.
V/M Massaro said if the City does not obtain the hold harmless agreement,
she feels the franchise should not be awarded because there will
be problems.
C/M Stelzer asked who the transmission lines will belong to when
they are installed by Lennar into each apartment.
-29- 7/27/83
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Mr. Hart said that question cannot be answered as UTA does not
have the franchise at this time and that point has not yet
been reached.
C/M Stelzer asked whether UTA or Lennar would be willing to
charge a user fee to American Cable if an individual in
Kings Point or Tamarac Gardens wants American Cable service
and American Cable brings their transmission lines up through the
easement.
Mr. Hart said that the utilization of cable television is the same
as the utilization of telephones; the one line going into
the apartment is Southern Bell's property and their trans-
missions are going over that cable. In this case, since
UTA is sending their transmissions over the cable, the
cable is limited to UTA and if American Video wanted to come
in, they could not go on UTA's line but would have to go into
another line and therefore, it is technologically not feasible
for American Cable to bring their lines up on the same cable.
Mr. Hart said if a cable television company wishes to provide
service to a resident, they would have to lay cable throughout
the building in order to reach that resident.
C/M Kravitz MOVED to adopt Temp. Ord._#1056 as amended, on Second Read.
to grant a non-exclusive franchise to UTA Cable Corporation
for a community antenna television system for a service area in
the City located west of University Drive. SECONDED by C/M Stelzer.
C/14 Stelzer asked Mr. Henning what the result would be if there
were a tie vote on this Motion and Mr. Henning explained that three
votes are needed to pass the Ordinance.
0610F.
C/M Stelzer - Nay
C/M Kravitz -- Aye
V/M Massaro - Nay
Mayor Falck - Aye
LEGAL AFFAIRS
21. N.W. 61st Street - Realignment and Signalization at University
Drive - Discussion and possible action on:
a) Warranty deed from Intertres, N.V. - Temp. Reso. #2819.
b) Ingress/Egress easement from Intertres,N.V. Temp. Reso.
#22.0.4.
c) Support of a request by Intertres, N.V. for a variance
for reducing setbacks - Temp. Reso. #2188.
d) Agreement cancelling two recorded covenants and confirming
a third covenant concerning lands owned by Intertres, IT.V. -
Temp. Reso. #2205.
e) Authorization to go to bid for construction required for
realignment and Signalization of N.W. 61 Street at
University Drive.
f) Installation of traffic signalization equipment - Temp.
Reso. #2825.
SYNOPSIS OF ACTION:
a) , b) , c) , and d) APPROVED.
e) Authorization to Engineering
Dept. to prepare specifications and
;authorization to City Manager ._.to go
to bid. f) Agendized by Consent on
Page 1. APPROVED payment -6o 13-roward
County of up to $15,000.00.
=I#Z
RESOLUTION NO. R-83- o,3 PASSED
RESOLUTION NO. R-83- p PASSED
RESOLUTION NO. R-83- PASSED
RESOLUTION NO. R-83-07Q(d _PASSED
RESOLUTION NO. R-83-OZ4?. PASSED
7/27/83
/rb
a) City Attorney Jon Henning read the Resolution by title and
V/M Massaro MOVED to approve the warranty deed from Intertres, N.V.,
adopting Temp. Reso. #2819. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
d) Consulting City Attorney, Alan Ruf,read the Resolution by
title and explained that at the time Summit Bank owned the property,
they consented to certain covenants being attached to the land which
would have affected what kind of uses they could put on the land.
Two of the uses they agreed they would not put on the landoweee
strip commercial or a retail grocery store. Mr. Ruf
said zntertres will not develop this property, but is holding it
for resale, and they have asked for two considerations for their
gratuitous conveyance of this property needed to straighten out
N.W. 61 Street. The first is to remove two of those restrictions
on the use of the land; and the second is to allow them to change
the setback on N.W. 61 Street from 50 feet to 40 feet, since
ten feet is being taken off the front, and 40 feet off the back.
Mr. Ruf explained that Tem . Reso. #2205 is removing by agreement,
two restrictions on the uses allowed on the land. At this time,
the land is restricted by agreement of the landowner and adoption
of the Resolution would remove those restrictions, and would leave
in tact the restriction against a service station.
Tape V/M Massaro said as indicated by Mr. Ruf, Intertres, N.V. have no
9 intention of developing this property and they are in no hurry
about if or when it is developed. They are willing to sacrifice a
rather. large piece of land and it is important to straighten out
the intersection at 61 Street or the County will not ipermit a
traffic light at that point. She pointed out that plans are under
way for a school at that location and without a traffic light
it will be too dangerous for children to cross the street.
Mayor Falck said the City has had more complaints about there not
being a traffic light at that intersection than anywhere else in
the City.
V/M Massaro stated the County is ready to move forward in this
matter if the City of Tamarac will contribute $12,000.00 to $15,000.00
for this purpose, at which time the work will be performed immediately.
C/M Stelzer asked whether the church will make a contribution toward
the traffic light and V/M Massaro said the church has already
presented the City with the land because they anticipated a school
to be built there.
Mr. Ruf said to clarify the matter, he will state that
everything on the east side of 61 Street is in place and what
is needed is the land on the west side.
V/M Massaro MOVED the adoption of Tem Reso.#2205 accepting the
agreement cancelling two recorded covenants and confirming a third
covenant concerning lands owned by Intertres, N.V. SECONDED by
C/M Kravitz.
VOTE: ALL VOTED AYE
b) Consulting City Attorney Alan Ruf read the Resolution by title
and V/M Massaro MOVED to adopt Temp. Reso. #2204 accepting the
Ingress/Egress easement from Intertres, N.V. SECONDED by C/M Kravitz.
ril•T119W
ALL VOTED AYE
c) Consulting City Attorney Alan Ruf read the Resolution by title and
V/M Massaro MOVED the adoption of Temp. Reso. #2188 accepting the
variance for reducing setbacks. SECONDED by C/M Kravitz.
►VIGUM
ALL VOTED AYE
e) V/M Massaro MOVED that the Engineering Department be authorized
to prepare the specifications and plans for which Keith & Schnarr
have agreed to give the City a mylar and when the bid specifications
are prepared by the Engineering Department, the City Manager be
authorized to go to bid as soon as possible, so this can be acted
upon in September. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
f) City Attorney Jon Henning read the Resolution by title and
V/M Massaro said the County has indicated that if the City will
agree to pay up to $15,000.00 to contract an outside firm to
install the traffic light, they will .furnish it and,would
prepare the engineering and perform inspections; and installation
would be done at the same time as the alignment.
V/M Massaro MOVED to adopt Temp. Reso. #2825 authorizing payment
of up to $15,000.00 to Broward County for installation of traffic
light signalization equipment. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
V/M Massaro requested an appropriate letter be sent to Broward
County by the City Attorney so they will be aware of the City's intent�ior
COMMUNITY DEVELOPMENT
27. Kings Pont Recreational, omlex - Discussion and possible
,C,
action on: _.
a) Revised site plan for cable television building - Temp. Reso.
#2806.
b Amendment to the Water and Sewer Developers Agreement.
SYNOPSIS OF ACTION: REMOVED
from Agenda. See Page 33).
Mayor Falck said he would recommend this item be removed from the
agenda in view of the action taken. previously on Item #25.
V/M Massaro MOVED to remove this item from the agenda. SECONDED by
C/M Kravitz.
VOTE: ALL VOTED AYE
City Attorney Jon Henning said he has a commitment outside the
building and arranged for Mr. Alan Ruf to be here, and before he
leaves he wishes to state that he has reviewed the Water and Sewer
Agreements for Bonaire-, Item #34, and see no problem with them. He said
made some changes with the engineers and the agreements are in order.
28. Tamarac Gardens - Bond Releases -- Discussion and possible
action on:
a) Release of a warranty bond posted for installation of a
sidewalk - Temp. Reso. #2804.
b) Release of a warranty bond posted for installation of
paving and drainage r- Temp. Reso. #2805.
SYNOPSIS OF ACTION: a) and b)
Bonds not to be released until
completion of necessary work.
a) Consulting City Attorney Alan Ruf read the Resolution by title and
V/M Massaro said that at the southwest corner of Nob Hill Road, the
sidewalk section is cracked in half and it is apparent that the base
is faulty and the section should be removed, the base corrected and
the section repoured. In addition, at the northwest corner of Nob Hill
Road and McNab Road, a section of the sidewalk
is -missing and to cross the street,
one would have to walk through the swale, making the sidewalk useless.
She requested an immediate extension of .the bond,
and if the work is not completed by August 3, 1983 and a written
approval issued to the City Manager, the bond will be called
on that date; and she so MOVED. This refers to Temp. Reso. #2804
SECONDED by C/m Kravitz.
VOTE:
ALL VOTED AYE
Mayor Falck asked that City Manager Stuurmans
Department's attention to the fact that their
the Vice Mayor's report and the report should
observation of V/M Massaro and the correction
MPM
call the Engineering
report differs from
be based upon the
s needed.
7/27/83
/rb
b) Mr. Alan Ruf; Consulting City Attorney, read the Resolution
by title and V/M Massaro said that at the northwest corner of the
property where the section of sidewalk is missing, there is a catch
basin within one foot of the pavement, and the pavement is not less
than eight inches higher than the catch basin,which is a hazard.
She said the Engineering Department should make an inspection to
determine what has to be done to correct it. The grass around it
should be removed to determine whether there is an appropriate
apron there. She explained that at the west portion of the
catch basin, there could not be an appropriate apron because there
is not more than one foot between the catch basin and the road
and there is a difference in elevation of eight inches, and there
is a possibility the catch basin should be raised.
V/M Massaro MOVED not to release the bond posted under the same
conditions that apply to Temp. Reso. #2804, and if the work is not
completed by August 3, 1983 with the &s,surance to the City Manager
by the Engineering Department that corrections have been made,
the bond will be called on that date. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
V/M Massaro said she would like to bring to the attention of the
City Manager, the Chief Building Official and the City Engineer
that a memorandum dated April 21, 1983, relating to Tamarac Gardens
and certain conditions that prevail there .concerning canal banks
and construction of canals,and various other considerations, was approved
by the City Council and that the conditions as outlined in the
memorandum be carefully observed and followed and no one has the
authority to change them.
27. Kings Point Recreational Com lex - Discussion and possible
action on:
a) Revised site plan for cable television building -- Temp. Reso.
#2806.
b) Release of a warranty bond posted for installation of paving and
drainage - Temp. Reso. #2805.
SYNOPSIS OF ACTION: Item
to reconvened meeting of
(See page 32) .
reconsidered and TABLED to
7/29/83 at 1:30 P.M.
Mr. Marty Riefs, representing the developer, said that Kings
Point reserves the right to provide services for a cable television
building to the residences, which is unrelated to the franchise approval.
Mr. Bob Haber said the last paragraph of the application for the
franchise with respect to UTA, states that the rights are reserved
to provide cable television service prdvided that a system has not
crossed the public right-of-way. Mr. Haber said to accomplish that,
a head end equipment building would need to be constructed and for that
purpose, a site plan was submitted for approval under Item #27.
Mr. Haber suggested since the franchise was denied that Council.
consider Item #27 separate and apart, to the extent that the site plan
and any other attending documents submitted in connection therewith,
comply with City law and that Council act in favor of Item #27.
V/M Massaro said she sees no sense in acting on Item #27 when there
is no franchise as according to the Stipulation, UTA was entitled to a
franchise providing the franchise was approved by Council. V/M Massaro
said if and when the franchise is approved for UTA, at that time
a cable television building could be approved.
Mr. Hart said that it was stated UTA would provide a guaitdhouse service,
security services and the necessary head end equipment for those ser-
vices, and Lennar has informed the residents that they will be receiving
those services and that is separate and apart from thefranchise agreement.
He explained that the franchise would allow UTA Cable Corporation to
cross the City streets and that Item #2.7 provides for the construction
of a building for cable television. What will be provided to the
residents of Kings Point is a community antenna television service,
sometimes referred to as a central antenna service and UTA can provide
that without a franchise as they will not be crossing streets and
roadways.
--� �-- 7/77/RA
Mr. Hart further stated that UTA Cable Corporation is not doing
anything illegal and are not asking to cross City streets, but
are only requesting permission to give the residents of Kings
Point the,ser.vices. to which they are entitled. He said that
to cross City streets, a franchise is necessary, but cable
television can be provided and still meet the requirements of
the law.
V/M Massaro asked Mr. Hart whether it would help if UTA had
until Friday afternoon to change their franchise so it will be
acceptable, and if the Mayor would recess the item, Council
will reconsider it on Friday afternoon.
Mr. Hart said that would be acceptable, and he asked if both items
would be recessed. V/M Massaro said they would, but UTA must
return to Council with changes that would be acceptable.
Mayor Falck asked Mr. Ruf to meanwhile, do some research on the
basis of the points raised here as to granting a franchise so
that Council can deal with Item #27 even if the franchise is not
awarded.
V/M Massaro MOVED that Council reconsider the action on Items #25
---4nd #27 as they relate to. UTA Cable Corporation and Kings Point
Recreational Comnlex. SECONDED by C/M Kravitz:.
VOTE:
ALL VOTED AYE
V/M Massaro MOVED to table Items #25 and #27 to Friday, July 29 at
1:30 P.M. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
possible action ._„ - j2. - . # 056 - Discussion and
Z UTA Cable Corporation Tem Ord #1
to grant a non-exclusive franchise for a community
antenna television system for a service area in the City west of
University Drive. SECOND READING,
SYNOPSIS OF ACTION: item reconsidered and
tabled to reconvened meeting of 7/29/83 at-
1.:30 P.M. (See above and also Pgs. 25-30).
31. Lakes of Carriage Hills - Model Sales Area Revised Site Plan -
Temp. Reso. #2812 - Discussion and possible action on a re-
vised site plan to reflect a temporary drive to Sabal Palm
Boulevard East, deletion of two driveways along Rock Island Road
and addition of one drive from Rock Island Road opposite the
existing median opening.
SYNOPSIS OF ACTION:
APPROVED as Amended RESOLUTION NO. R-83-0?0 9 PASSEI
Consulting City Attorney Alan Ruf read the Resolution by title
and Mr. Dan Oyler,of Craven -Thompson, representing Lakes of Carriage
Hills, stated that a letter was sent to Council requesting a re-
vision to the site plan as part of the site plan is tied to the
rezoning petition, which will not be heard until September.
Mr. Oyler explained that Council's permission is requested to start
construction on the parking lot and the entrance that comes out
through Rock Island Road because construction is taking place at
that point and in a short time the two entrances will be blocked off.
This can be avoided if construction is started on the parking lot
to that point and the entrance along Rock Island Road. If approval
is given, Council could then approve the temporary entrance road and
construction of the sidewalk in September when the rezoning is heard.
V/M Massaro said she does not agree with Mr. Oyler, although she
understands the problem as it relates to Rock Island Road and she
would be in favor of approving a portion of the plan. Mr. Oyler
made the revisions to the site plan, at the request of V/M Massaro ,
to close off the existing entrances to Sabal Palm Boulevard.
-34- 7/27/83
/rb
V/M Massaro stated that the residents were strongly opposed to the
revision at the entrance to Sabal Palm Boulevard, but as part of
the negotiations with Lakes of Carriage Hills, have given their
approval to assist the developer in selling their product. However,
until. the Agreement is fully consummated and signed,she said she does not
believe Council should approve that portion of the plan but should
allow them to build the parking area and driveways into Rock Island
Road, but an eight foot setback is necessary to allow traffic to
back up and come out again. As soon as the Agreement is resolved
and the rezoning approved, she suggested this plan come back to
Council without cost, for approval of the balance. She said this
is a strong bargaining power of the people and Council should not
take their bargaining power away.
Mr. Oyler said there is no problem with the suggestions of V/M Massaro,
as long as the mattercan be agendized along with the rezoning in
September, and V/M Massaro said that would be satisfactory.
V/M Massaro MOVED the approval of the amended site plan, as indicated.
She asked Mr. Oyler whether an eight foot setback would be sufficient
and he replied that five feet would be enough. V/M Massaro said she
would add to her MOTION that appropriate fees be paid, including an
on -site beautification fee of $120.00. Mr. Oyler said they will apply
for a permit on Friday and V/M Massaro included in her MOTION that a
permit not be issued until all fees are paid, and that there will
be no payment due for the revised site plan. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
34. Woodmont Tracts 74/75 - Discussion and possible action on:
a Site Plan 41
1) Release of a performance bond posted for public improvements
in Phase II upon receipt of a one year warranty bond
Temp. Reso. #2813.
2) Acceptance of Bill of Sale for the Phase II water distribution
and sewage collection system improvements - Temp. Reso. #2814.
b) Site Plan #2.
1) Revised site plan reflecting revisions to the Recreation
Building and the addition of a barbecue, whirlpool and wading
pool - Temp-,---Reso. 2815.
2) Amendment to Water and Sewer Developers Agreement.
c) Site Plan #4
1) Approval of site plan -- Tem . Reso. #2816.
2) Water and Sewer Developers Agreement.
SYNOPSIS OF ACTION: a 1) APPROVED
with conditions. a 2) APPROVED
b 1) APPROVED with conditions.
b 2) APPROVED. c 1) APPROVED with
conditions. c 2) APPROVED.
RESOLUTION NO. R-83- ',�&(,L PASSED
RESOLUTION NO. R--83-eL,5 PASSED
RESOLUTION NO. R-83-- a?/(,g PASSED
RESOLUTION NO. R-83-%g/-7 —PASSED
a 1) Consulting.City Attorney, Alan Ruf, read the Resolution by title
and V/M Massaro MOVED the approval of the release of the performance
bond for Phase II upon receipt of a one-year warranty bond, and that
certified costs be brought in along with additional fees that may apply,
with the further stipulation that Certificates of Occupancy will not
be issued on any part of the Recreation Center until the sidewalk
is installed on the entrance road and no further permits be issued
until the work is completed to install the sidewalk. SECONDED by
C/M Kravitz.
V/M Massaro stated that there are additional engineering fees due
in the amount of $243.69, and a check was presented by the applicant.
V/M Massaro said a warranty bond is also needed in the amount of
$5,953.92 and a landscape performance bond in the amount of $715.40,
and the applicant stated that both checks would be presented the first
thing tomorrow morning.
VOTE: ALL VOTED AYE
=1��
7/27/83
/rb
a 2) Consulting City Attorney Alan Ruf read the Resolution by
title and V/M Massaro MOVED the adoption of' Temp. Reso. #2814
accepting the Bill of Sale ,for the water distribution and sewage
collection system improvements for Phase II. SECONDED by
C/M Kravitz.
VOTE:
ALL VOTED AYE
b 1) Consulting City Attorney Alan Ruf read the Resolution by
title and V/M Massaro said there is a revision to this site
plan and she would MOVE to approve Temp. Reso. #2815 subject to
the following conditions:
- That no permits be issued for principal buildings until canal
excavation is completed and approved by the Engineering Department.
Canal is to be excavated to property line, as per code.
- No permits to be issued until tees calculated by Engineering
Department and City Manager for canal excavations have been paid.
The MOTION was SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
b 2) V/M Massaro said the water and sewer developers agreement is
only a housekeeping item and there is no money involved and she would
MOVE t(b accept the amendment to the water and sewer developers agreement.
SECONDED by C/M Kravitz.
VOTE:_ ALL VOTED AYE
c 1) Consulting City Attorney Alan Ruf read the Resolution by title
and City Planner, Dick Rubin stated that Site Plan #4 is for an
extension of the townhouse project, according to a long standing
concept plan that the developer submitted. He said the Planning
Commission reviewed and approved the site plan and it was reviewed
this morning by V/M Massaro and the ERC's were recalculated on the
front page of the drawings since there seemed to be a discrepancy
between the drawings and the actual, water and sewer contract.
V/M Massaro said the drawings indicated 169 ERC's had been purchased
wheras actually 168 were purchased. Payment was made for 150, leaving
18 ERC's which are to be paid for today. She said in addition to that,
there is an engineering fee due of $500.00. Two checks were submitted
to the City Clerk in the amounts of $17,244.00 for the water and sewer
agreement and $500.00 for engineering fees. She said there will be a bone
required in the amount of $6,980.00 and engineering fees of $3,781.98
when the permit is applied for.
V/M Massaro further stated that costs are to be submitted as well
as the fees for on -site lart9_scaping. Plans are to be revised.to
show the proper accounting of ERC.'s.The cost of the canal construction
is to be included in the performance bond and the excavation fees
are to be verified by the Engineering Department and paid.
Tape V/M Massaro MOVED to approve Ten Reso. 42916 subject to the conditions
10 mentioned, and that no permitT will be issued for principal buildings
until canal excavation is complete according to the City Code and
approved by the City Engineer and the City Manager. SECONDED by
C/M Kravitz.
VOTE: ALL VOTED AYE
c 2) V/M Massaro MOVED the approval of the water and sewer developers
agreement. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
35. Concord Village - Model Sales Facility - Discussion and possible
action to renew a model sales permit.
SYNOPSIS OF ACTION: Approved for six
nonths from 8/10/83, subject to payment
)f past due fees within ten days.
-36-
7/27/83
/rb
C/M Kravitz said in connection with this item, Council received
a memorandum stating that $520.80 is due.
City Manager Stuurmans stated that the amount of $520.80 was billed
on July 7, 1983 and became due on July 23, 1983; and was not yet
received.
V/M Massaro MOVED the approval of the renewal of a model sales
permit, subject to the payment of $520.80 for past due fees
within the next ten days. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
36. Concord Village II - Site Plan - Discussion and possible action
to extend approval of a site plan (tabled from 7/13/83).
;YNOPSIS OF ACTION: TABLED
-or consideration in September.
V/M Massaro said that the applicant has made substantial payments
and she would have no objection to extending the approval of the
site plan but she is concerned with the possibility of;low income
housing -being built on that property. She said she had asked
Mr. Julian Bryan to get in touch with Mr. McKay.concerninq this matter
and a letter was received by Council indicating that Shell Oil
Will not build low cost or subsidized rentals on this site. Actually
Shell Oil does not intend to build on this property, but plan to
sell it. -V/M Massaro said she told Mr. Bryan that Council
will request a covenant to run with the land and be recorded,
stating that the property will not be sold for low income or
subsidized housing.
Mayor Falck says he sees no problem with that and would
instruct the City Attorney to notify Mr. McKay of
Shell Oil of these conditions.
V/M Massaro said Council could request the necessary document
be sent to the City from Shell Oil and she asked Mr. Ruf if
there would be any problem with that.
Mr. Ruf explained that any landowner could covenant anything he
wishes.
V/M Massaro MOVED that the City Attorney advise Mr. McKay of Shell Oil
Co. that the City requests a covenant to run with the land, stating
that Shell Oil Co. or their subsequent purchaser will not build low
cost or subsidized rentals on this site. SECONDED by C/M Kravitz.,
VOTE:
ALL VOTED AYE
V/M Massaro MOVED to table this item for consideration in September.
SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
32. I. C. Plat - Discussion and possible action on:
a) Plat - Temp., ROso. #2808.
b) Development Order - Temp. Reso. #2809.
c) Development Review Agreement.
d) Water Retention Agreement
(lands located at the southwest corner of N.W. 88 Avenue and
N.W. 77 Street).
SYNOPSIS OF ACTION: a), b) and d) RESOLUTION NO. R-83—cX/ O PASSED
APPROVED. c) APPROVED subject to RESOLUTION NO. R-83-07// PASSEDI
Stipulation #9 and restricted and
specific uses irrespective of the
B-3 uses.
-37- 7/27/83
/rb
a) Consulting City Attorney Alan Ru,f read the Resolution by
title and Mr. Gregory Darbv, representing the developer,
stated that the plat for the propertyis under a stipulated agree-
ment with the City and after consulting with the City Attorney, he
feels the appropriate documents are in order at this time.
V/M Massaro asked Mr. Darby whether payment has been made for the
appropriate fees and Mr. Darby said -that checks have been
submitted in the amounts of $3500.00 and $260.00.
V/M Massaro MOVED the adoption Of Temp. Reso. #2808, approving
the plat for I.C. Plat. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED: SAYE
b) Consulting City Attorney Alan Ruf read the Resolution by title
and V/M Massaro MOVED the approval of the Development Order,
adopting Temp. Reso. #2809. SECONDED by C/M Kravitz.
►•cy02V
ALL VOTED AYE
c) V/M Massaro MOVED the approval of the Development Review
Agreement subject to Stipulation #9 dated June 11, 1979 and
also subject to restricted and specific uses irrespective of the
B-3 uses. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
d) V/M Massaro MOVED the approval of the Water Retention Agreement.
SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
52. University Hospital - Discussion and possible action to approve
a waiver'to permit�a precast wall instead of a CBS wall.
SYNOPSIS OF ACTION: Agendized by
Consent on Page 1. APPROVED with
Conditions.
Mr. Gregory Darby said that the site plan called for a CBS block
wall on part of the plan and a concrete wall on the other part.
Mr. Darby said upon reviewing the Code with the Chief Building
Official, it was found that the Code reads, "A solid masonry
wall shall be constructed" and. the Chief Building Official feels
he does not have the authority to grant a poured--in-place wall,
and it must be authorized by Council.
Mr.. Darby explained that the wall requested is the same as the
existing wall at the back of the hospital.
V/M Massaro said it was necessary for Council to obtain a letter
from the adjoining proper"ty owner and this was received from Woodmont
Corporation. They have no objection to the installation of this wall.
She said this wall will be on the northern Perimeter of the hospital
property and there are restrictions according to the City Code in
Section 6-47 b). and she MOVED the approval of this wall
as indicated on the plan submitted for the north perimeter of the
property subject to the following conditions:
- That the wall .is to be painted.
- That rust free irrig�ti�-n must be used.
- That the easement for this wall is required before the waiver is
effective.
The MOTION was SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
-38- 7/27/83
/rb
56. Ashmont - Discussion and possible action to approve revised
site plan for Phase I - Temp. Reno. #2824.
SYNOPSIS
on Page
research
OF ACTION: Agendized by Consent
3. APPROVED. City Planner to
fees and bond for canal. excavation.
RESOLUTION NO. R-83- PASSED
Mr. Richard Rubin, City Planner, said this item is on the agenda
because it was requested by staff and is a housekeeping change in
the recreation area which was approved a year ago. When the
developer applied for a building permit .and to obtain Browar_d County
Health Department approval, changes were made to this area. Mr.
Rubin said the fee was paid yesterday and he would recommend
approval of this revised site plan as it is within Code, and
reflects a relocation of the cabana and shade area at Phase I.
V/M Massaro asked whether the excavation was made to the property
line.
Mr. Marty Riefs explained that less than one month ago, Council
reapproved the overall site plan because the building product had
been changed from the four unit building to an eight unit building.
The excavation for Phase I has been submitted, and the building
adjacent to the canal is not under construction.
V/M Massaro requested that the City Planner, Dick Rubin, follow
up to determine whether the excavation to the property line
is included on the estimated cost sheets, whether the work is
bonded and whether the fees have been paid.
V/M Massaro MOVED the approval of the revised site plan reflecting
the relocation of cabana and shade area at Phase I, adopting Temp.
Reso. #2824. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
53. Sludge Farm - Discussion and possible action to approve an
invoice received from Broward Review in the amount of $195.00
for publication relating to the Sludge Farm.
SYNOPSISOF ACTION: Agendized by
Consent on Page 2• ,..._ APPROVED.
V/M Massaro MOVED to approve the-oavment of the bill from Browara
Review in the amount of $195.00 for publication relating to the
Sludge Farm. SECONDED by C/M Kravitz.
SYNOPSIS OF
Consent on
VOTE:
ALL VOTED AYE
54. Tract 44 - Discussion and possible action to approve an
invoice received from D. Gomberg & Associates in the amount of
$684.00 for reporting services relating to the Tract 44 Appeal.
ACTION: Agendized
Page . APPROVED.
V/M b1assaro MOVED
from D. Gomberg &
reporting services
C/M Kravitz.
VOTE:
by
the approval of payment of the bill
Associates in the amount of $684.00
relating to the Tract 44 Appeal.
ALL VOTED AYE
received
for
SECONDED by
55. Williams, Hatfield & Stoner - Discussion and possible action
to approve an invoice in the amount of $266.88 received from
Williams, Hatfield & Stoner for special consultation services
relating to the Ticon and Sludge Farm items.
SYNOPSIS OF ACTION: Agendized by Consent
on Page 2. APPROVED.
V/M Massaro MOVED the approval of payment of the bill received from
Williams, Hatfield & Stoner for special consultation services in
connection with the Sludge Farm and Ticon items in the amount of
$266.88. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
-39-- 7/27/83
/rb
57. Quality Lawn Service - Discussion and possible action to accept
a letter of termination received this date.
SYNOPSIS OF ACTION: Agendized by
Consent on Page 3. ACCEPTED.
City Manager Stuurmans said this notice was received today from
Quality Lawn Service without warning and she recommended that Council
accept the resignation.
C/M Kravitz MOVED to accept the resignation received from Quality
Lawn Service, with thirty days notice, to become effective on
August 31, 1983. SECONDED by C/M Stelzer.
V/M Massaro asked whether this service would be performed in house,
and the City Manager said it would.
VOTE:
ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
9. Australian Pine Trimming -- Discussion and possible action to
award a contract for trimming the pine trees at Utilities West.
SYNOPSIS OF ACTION: APPROVED
contract award to D & C Home
Maintenance not to exceed $25,900.00.
City Manager Stuurmans said that Council has received copy of a memo-
randum she received from Larry Keating, City Engineer, concerning
this item. She said Council authorized solicitation of bids but
none were received. The recommendation from Mr. Keating was that the
contract be awarded to D & C Home Maintenance for the tree trimmina
at Utilities West. They asked for a lump sum price of $27,400.00
and Mr. Keating, after conversation with V/M Massaro, requested
a certain amount of the cutting be deleted from the area, and
D & C Home Maintenance offered to deduct $1,500.00 from the contract
price.
The City Manager said her concern is that some of the old and brittle
trees might fall on'the plants, causing an expense to the City much
higher than the $25,900.00. She said next year, the City will acquire
lift equipment for the Public Works Department and if the trees were
professionally brought down at this time, the City could maintain
the project with its own equinment inithe future.
V/M Massaro said the area that would not be cut would not harm the
City in any way, and there would be a savings of $1,500.00.
City Manager Stuurmans suggested that Council approve the award of
a contract to D & C Home Maintenance for an amount not to exceed
$25,900.00, as the area that would not be cut is large and she would
like to negotiate further in an effort to "lower the contract price.
V/M Massaro said she would go along with that.
C/M Kravitz MOVED to award the contract for trimming of Australian
pine trees at Utilities West, to D & C Home Maintenance for an amount
not to exceed $25,900.00. SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
10. Police Pistol Range - Tem Reso. #2796 - Discussion and possible
action on an annual contract.
YNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-83- /,%9 PASSED
s amended.
Consulting City Attorney Alan Ruf read the Resolution by title and
City Manager Stuurmans requested that the language in the Resolution
be changed in the last sentence to read, "Said Agreement shall be
in effect from August 1, 1983 through September 30, 1984, and may be
renewed by the City for an additional year under the same terms and
conditions".
-40- 7/27/83
/ rb
V/M Massaro MOVED the adoption of Temp. Reso. #2796
as amended, changing the last sentence
in Section I of the Resolution to read, "Said Agreement shall be
in effect from August 1, 1983 through September 30, 1984, and may
be renewed by the City for an additional year under the same terms
and conditions". SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
11. Pension Plan —Discussion and
a) Appoint an administrative
(tabled from 6/22/83).
b) Change the date of annual
the plan date, to October
Temp. Reso. #2793.
SYNOPSIS OF ACTION: a) APPROVED
appointment of Lucy Curtis.
b) APPROVED by Motion.
possible action to:
trustee to the Pension Board
evaluation from June 1, which is
1, which is the fiscal year date.
a) City Manager, Laura Stuurmans, said that an election took place
amongst the employees of the City about six weeks ago, with four
City employees running. There was one post to be filled and of
the remaining candidates, Lucy Curtis has seniority and she would
recommend Council approve the appointment of Lucy Curtis as trustee.
C/M Kravitz MOVED the appointment of Lucy Curtis as trustee to the
Pension Board. SECONDED by C/M Stelzer.
VOTE:
ALL VOTED AYE
b) Mayor Falck said he sent a letter to Council explaining the reasons
for changing the evaluation date of the Pension Plan and he would
recommend discarding Temp. Reso. #2793.
V/M Massaro MOVED the approval of changing the annual evaluation date of
the Pension Plan from June 1 to October 1 and that Temp. Reso_. #2793_ be
discarded. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
12. Traffic Illumination A reements with Broward County - Discussion
and possible action on:
a) Portion of N.W. 31 Avenue in the City of Tamarac - Temp. Reso #281
b) Portion of State Road 7 in the City of Tamarac - Temp. Reso. #2818
SYNOPSIS OF ACTION: a) APPROVED. RESOLUTION NO. R-83-- cV PASSE
b) REJECTED. City Manager to
contact County.
a) Consulting City Attorney Alan Ruf read the Resolution by title and
V/M Massaro MOVED the adoption of Temp. Reso. #2817 approving the
Agreement with Broward County on N.W. 31 Avenue in the City of Tamarac.
SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
b) Consulting City Attorney Alan Ruf read the Resolution by title and
City Manager Stuurmans said that after speaking to the County represent-
ative again this week, she feels this matter can be resolved in the
City`s favor.
Tape V/M Massaro said she is not in favor of approving this Agreement
11 as she feels the City should not have to pay for 22 lights that
do not belong to Tamarac. She explained that the lights are being
cut off in the City of Tamarac on Commercial Boulevard as they are
not needed.
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City Manager Stuurmans said some of these business are in
Tamarac.
V/M Massaro said those businesses are set back so far that the
proposed lights do not affect them. She explained that most
of the property on the other side is lucrative but that belongs
to Fort Lauderdale and she sees no reason for the City of Tamarac
to pay for the illumination in that area.
V/M Massaro MOVED to reject Temp. Reso. #2818, and that the City
Manager continue discussions with the County to try to resolve
this matter. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
14. A uatic Plant Control Funds -- Temp. Reso. #2798 - Discussion
and possible action to designate the officials responsible
for administering this program for Fiscal Year 1983/84.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-83-!�PD p? PASSED
appointments of Gregory Turek
and Stephen Gould.
Consulting City Attorney Alan Ruf read the Resolution by title
and City Manager Stuurmans said this Resolution is required to
accompany the City's application to D.N.R. for aquatic weed matching
funds next year.
V/M Massaro MOVED the adoption of Temp. Reso. #2798 approving the
appointments of Gregory Turek and Stephen Gould as the officials
responsible for administering this program. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
18. American Video - Report by City Attorney - Discussion and
possible action. -
SYNOPSIS OF ACTION: HELD
for meeting of 7/29/83.
Mayor Falck said this item will be held until Friday, July 29 when
Council again discusses the franchise possibility for UTA Cable
Corporation. He said Item #18 was placed on the agenda at his
request so that the City Attorney could explain to Council any
involvement the City might have with American Video over and above
the discussions that relate to the UTA franchise.
19. Broward Count League of Cities Business -- Discussion and
possible action.
SYNOPSIS OF ACTION: Report
given by C/M Kravitz.
C/M Kravitz said there were no meetings held in July. The annual
meeting will be held in October and Literature has been mailed.
There are no new developments as relates to the Broward League.
LEGAL AFFAIRS
20. Swales - Temp. Ord. #1054 - Discussion and possible action to
amend Chapter 23 of the Code to prohibit placement of certain
objects within this area. First Reading. (tabled from 7/13/83).
SYNOPSIS OF ACTION: APPROVED
on First Reading.
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/ rb
Consulting City Attorney Alan Ruf read the Ordinance by title and
V/M Massaro MOVED the adoption of Temp. Ord. #1054 on First
Reading to prohibit placement of certain objects within this area.
SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
40. Patio Homes at Fairmont - Model Sales Facility - Discussion and
possible action to renew amodel sales permit.
SYNOPSIS OF ACTION: TABLED to
meeting of 9/28/83 for further
research.
V/M Massaro reauested this item be held until the meeting of Sentemher
28, 1983 so that appropriate action can be taken as further research
is necessary, and she so MOVED. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
42. Mainlands Center - WarrantZ_Bond - Temp. Reso. #2802 -
Discussion and possible action to call a performance bond posted
for public improvements.
SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-831g O PASSED
Bnnd to be called on 8/6/83
if work not completed or an
extension provided.
Consulting City Attorney Alan Ruf read the Resolution by title and
V/M Massaro requested that the City Manager and the City Engineer
follow this up; and if the necessary work is not completed or an
extension provided by August 6, 1983, the bond will be called, and
she so MOVED. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
47. Drainage Improvements in the City - Discussion and possible
action.
SYNOPSIS OF ACTION: No
discussion.
There was no discussion held relating to the drainage improvements in
the City.
51. Police Facility - Discussion and possible action to accept a
proposal from Miller & Meier to develop plans for a new facility
and a complete remodeling of City Hall.
SYNOPSIS OF ACTION: Agendized by
Consent on Page 1. APPROVED proposal
of Miller & Maa_Pr.
C/M Kravitz MOVED to approve the proposal of Miller & Meier to develop
plans for the building of a police facility and complete remodeling of
Tamarac City Hall., with fees to be based upon 7% maximum for new con-
struction and 8% maximum for remodeling, which will include prepara-
tion of all bid specifications and contracts and the supervision of
construction; and further that the plans be laid out to include the
entire area owned by the City of Tamarac adjacent to existing Fire
House #1 north of McNab Road on 88 Avenue to accommodate a possible
community center and a new City Hall, the plans for which will be con-
sidered at a later date by the Council. This proposal approval is
subject to the development of a contract by said Miller & Meier which
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/rb
will meet the acceptance of our City Attorney and City Council.
It is understood that during the Council's recess, the Mayor,
City Manager and City Attorney shall be authorized to work
with said Miller & Meier in every way possible in preparation of
the plans and contract to be ready for Council's final approval
when it reconvenes in September. Details relating to the referendum,
termination of contract, etc, are to be included in the contract.
SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
REPORTS
48.
City
Council
- None
49.
City
Manager
- None
50. City Attorney_- Mr. Alan Ruf reported that in settling the suit
relating to Coral Springs, we have been asked by Mr. Paul McDonough,
the attorney handling the suit, to sign a general release as re-
quested by the County. Mr. Ruf stated that under the terms of the
Resolution authorizing the settlement, it would be appropriate for
the Mayor and the City Manager to sign this release.
Mayor Falck said that Council was in agreement with that at the time it
was discussed and City Manager Stuurmans concurred..
Mr. Ruf also reported that the suit relating to Sunflower-Heatagate
is in the process of reaching a final Stipulated Agreement between
the attorneys and should be ready_ for presentation shortly.
THE MEETING WAS RECESSED AT 6: 30 P.M. , TO BE RECONVEPdE'D ON FRIDAY,
JULY 29, 1983 AT 1:30 P.M.
�W
MAYOR
ATTEST:
ASSISTANT CITY CLERK
This public document was promulgated at a cost of $349.74
or $9.74 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.
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CITY OF TAMARAC /rb
APPR ED AT MEETING OF / Y
City Clerk