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1983-09-14 - City Commission Regular Meeting Minutes
Og1DP P,©. BOX 25010 TAMARAC, FLORIDA 33320 FIRST CLASS MAII CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, SEPTEMBER 14, 1983 CALL TO ORDER: 3:00 P.M. ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS AND AWARDS I. Tamarac Police Explorer Cadets - Presentation by Mayor Falck 9/14 - Pg.23 of proclamations to Karen DiPinto, Jon Oprea and Troy Proclamation. Whitehead in recognition of their.athletic achievements in thE Presented. National Explorers Olympics. 2. Presentation by Mayor Falck of Certificates of Appreciation tc 9/19- Pg. 10 Irving Lopatey, George Hi ncken and Phillip Greene in recog- Certificates of nition of their contributions to the City. Appreci-at-ian 3. Jewish War Veterans - Presentation of a proclamation by Mayor Presented, 9/14 -Pg 2. Falck designating November, 1983, as "Edward Goldberg Post No. Proclamation 519 Poppy Drive Month". resented. 4. Pioneer Days - Presentation of a proclamation by Mayor Falck 9/19 - Pg. 11 designatingOctoberl and 2, 1983, as "Pioneer Days". Proclamation presented. 5. Le islative Wr�U_p - Presentation by Representative Ti tone 9/14 - Pg. 23 BOARDS AND COMMITTEES Presentation given 6. Burglar Alarm Review Committee - Temp. Ord. #1053 - Discussion -amend 9/19 - Pg. 12 and possible action to Section 14-69 8 of the Code per- APPROVED as taining to number of members on this Committee. First Reading amended on (tabled from 7/13/83). First Reading. 7. Public Information Committee - Temp, Reso. #2766 - Discussion 9/19 - Pg. 14 and possible action to appoint a Council member to this APPROVED - committee (tabled from 7/13/83). C/M Krantz 8. Board for Social Services - Discussion and possible action on: a. Acceptance of resignation of Ileen Wachs. b) Announcement of one vacancy on this board. 9. Investment .Advisory thisAdvisoer,y Committee - Announcement of two vacancies comet,.. If anyone is interested in serving on either the Board for Social Services or the Investment Advisory Committee, please contact the City Clerk's office for an application. 9/19 - Pg. 17 a) ACCEPTED. b) ANNOUNCED. 9/19 - Pg. 17 ANNOUNCED; to be appointed at 9/28/83 Meeting. PAGE TWO CONSENT AGENDA 10. Items listed under Item #1.0, Consent,Agenda, are viewed to b routine and the recommendation will be enacted by one motion in the form listed below. There will be no separate dis- cussion of these items. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Minutes of 5/25/83 - Regular Meeting - Approval recommended b. City Clerk. b) Minutes of 6/8/83 - Regular Meeting - Approval recommended by City Clerk. c) Minutes of 6/22/83 - Regular Meeting - Approval recommended by City Clerk. d) Minutes of 6/29/83 - Special Meeting - Approval recommended by City Clerk. e) Minutes of 7/7/83 - Special Meeting - Approval recommended by City Clerk. f) Minutes of 7/13/83 - Regular Meeting - Approval recommended by City Clerk. g) Minutes of 7/25/83 - Special Meeting - Approval recommended by City Clerk. h) Minutes of 7/26/83 - Special Meeting - Approval recommended by City Clerk. i) Minutes of 7/27/83 - Regular Meeting - Approval recommended by Ci ty Cl erk. j) Minutes of 7/29/83 - Reconvened Regular Meeting - Approval recommended by City Clerk. k) Minutes of 7/29/83 - Reconvened Special Meeting - Approval recommended by City Clerk. 1) Richard S. Rubin - Consultant City Planner - Services for August, 1983 - $2,100.00 - Approval recommended by City Manager. m) Alan F. Ruf - Consulting City Attorney - 9/9/83 - $700.00 - Approval recommended by City Attorney. n) Mitchell Ceasar - Grants Consultant - Retainer for July and August, 1983 - $2,500.00 - Approval recommended by City Manager. o) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 1/10/83 - Project 1710-2, Statement 12 - $605.38 - Approval recommended by City Engineer. p) Shailer, Purdy & Jolly - Counsel for contraband forfeitures - Services for August, 1983 - $239.14 - Approval recommended by City Attorney. q) N.W. 44 Street Resurfacing - Approval to remove this item from the agenda (tabled from 7/27/83). r) Utilities East - Engineering Services by Williams, Hatfield & Stoner, Inc. - Approval to extend the tabling action to a future meeting. 9/14 - Pg. 6. a) thru r) �ppuntiFn . PAGE THREE GENERAL. ADMINISTRATIVE FINANCIAL 11. Bid Awards - Utilities West - Discussion and possible action on: a) Awarding a bid for a backhoe loader and trailer for Operations - IQmp1_ Reso. #.2794 (tabled from 7/27/83) . b) Awarding a bid for a burster/decollator for billing pur- poses for Administration - Temp. Reso. #2833. 9/19 - Pg. 18 APPROVED. 9/14 - Pg. 2 REMOVED from 12. 201 Plan U date_ - Discussion and possible action on: a Status report by Consulting Engineer. b) Authorization to proceed with design and preparatory work to implement Tamarac 201 Plan compliance. A enda. - g. 14 a)Report given. b)Authorization granted. 13. PSC_ Expendable Trust Funds - Discussion and possible action tc authorize closing this fund and transferring monies to the Utilities West System Fund. 9/19 - Pg. 18 APPROVED. 9/19 - Pg. 19 APPROVED. 14. Budget __ Transfer - _ p e sibrinsfer -Builln Department - Discussion and pos- transferon to s from Contingency to Building Department Personnel Services Accounts. 9/14 --Pg 32 TABLED. 15. Miller & Meier - Discussion and possible action to authorize execution of a contract for services relating to certain pro- posed City facilities. 9/14 - Pg. 33 Authorization Granted. 16. Traffic En ineerin Stud - Discussion and possible action to request proposals for services in connection with trafficways circulation. 17. Bro_wa_rd LeeCities Business - Discussion and possible 9/19 - Pg. 18 _of aCtlon. Re ort given. 9/14 - Pg. 9 LEGAL AFFAIRS APPROVED on 18. Emer9ency Ordinance - American Video - Temp. Ord. #1 058 - Di s- first raauing. cussion and possible action to transfer a non-exclusive fran- chise for a community antenna television system to American Cabl esystems of Florida. First Reading at approximately 3:00 P.M. Second Reading at approximately 9:00 P.M. 9/19 - Pg. 2 APPROVED as amended, on second and final reading. 19. Standards for Construction Trailers - Temp. Ord. #966 - Di s- cussion and possible action. Second Reading Public Hearing held 4/28/82). 9/19 - Pg. 21 DENIED on secona reauii,g.. 20. Sunflower -Heath ate Litigation - Temp_. Reso. #2834 - Dis- cussion and possible action to authorize execution of a Stip- ulation for Settlement. a/16 - Pg. 34 ADOPTED. 21. School Temp._Reso.Busing #_2827 of Shaker Village Elementary School_ Students - .. _- Discussion and possible action to urge the Browa C rdCounty School Board to provide transportation for all students of Pinewood Elementary School residing in Shaker Village. 9/14 - Pg. 2 a) ADOPTED. b) APPROVAL granted. 22. B-_uilding Permit Fees - Temp._ Reso. #2835 - Discussion and pos- sible action to delete fees required q f o r painting. 9/19 - Pg. 21 APPROVED as 23. Merger of Municipalities - Temp, Reso. #2832 - Discussion and possible action opposing any amendment of the Florida Statutes or enactment of any Special Act regarding merger of municipal- i ties . amended on Second & Final Reading. 9/19 - Pg. 22 APPROVED. PUBLIC HEARINGS - 8:00 P.M. 9/14 - Pg. 26 24. Swales - Temp_. Ord. #1054 - Discussion and possible action to APPROVED on amend Chapter 23 of the Code to prohibit placement of certain Second & final objects within this area. Second Reading. reading. PAGE FOUR 25. Irving Waltman, Trustee - Rezoning Petition #30-Z-82 - Te� mp. 9/14 - Pg. 28 Ord. #1057 - Discussion and possible action to rezone lands APPROVED on at the northwest corner of McNab Road and University Drive, second & final extending northward along University Drive for 660-feet and reading. westward along McNab Road for 660-feet, less the corner par- cel occupied by United Federal Savings & Loan Association, from B-6 (Business District) to B-1 (Neighborhood Business). Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of APPROVED. Posting. b) Consideration of application. APPROVED. 26- Special fP.ropert Gardens Condominium and 9/14 - Pg. 27 CardinalAIndustries - Temp. Reso. -#2856 - Discussion TABLED to first and possible action to determine to proceed with special meeting in assessment for construction of an 8-inch water line along October. Southgate Boulevard between NW 71 Avenue and University Drive. COMMUNITY DEVELOPMENT 27.: Irvinc Waltman, Trustee:- Discussion and possible action on: a Acceptance of Declaration of Restrictions - Temp. Reso. 9/14 - Pg. 26 #2854. -- - ADOPTED. b) Acceptance of a bike path easement - Temp. Reso. #2855. (the land at the northwest corner of McNab Road and ADOPTED. University Drive less the corner parcel occupied by United Federal Savings & Loan Association). 9/14 - Pg. 30 28. Southgate Gardens Apart _ ments/Cardinal_ Industries - Discussion _ and possible action on: a)b) APPROVED a) Site Plan - Temp._ Reso. #2850. b) Landscape Plan with conditions. c) Water and Sewer Developers Agreement d) Water Retention Agreement e) Acceptance of Drainage F1 ow-Thru, Uti 1 i ty and Publ i c Safety c)d)e)f) APPROVED g)APPROVED Easement - Temp. Reso. #2851. f) Acceptance of Cable Television Line Easement - Temp. Reso. with conditions h)ACKNOWLEDGED #2852. by applicant (to be located at the southwest corner of NW 71 Avenue and Southgate Boulevard). 29. Southgate Gardens Condominium 7300 Southgate Boulevard) - 9/14 - Pg 34 a) APPROVED Discussion and possible -action on: a) Revised site plan for 6-foot high wood shadowbox fence with conditions along the south property line - Temp.- Reso. #2609 (tabled from 2/9/83). l b) Acceptance of utility easement for water purposes - Temp. Reso. #2486. (tabled from 2/9/83). c) Acceptance of utility easement for sewer purposes - Temp. Reso. #2487. (tabled from 2/9/83). d) Acceptance of utility easement for water purposes - Temp. 9/19 - Pg. to b) & c) REMOVED from agenda. 9/1.4 - Pg. 34 Reso. #2853. d) APPROVED e) Acceptance of utility easement for sewer purposes - Temp. 9/19 - pg. 10 Reso. #2858. APPROVED as -amended. 30. Woodmont Road _Ri_ght-of-Way _Vacations - Discussion and pos- _ 9/14 - Pg. 35 sible action on a request for partial refund of fees (tabled APPROVED. from 7/27/83). 31. Montwood-,- Inc. - Model Sales Facility - Discussion and pos- 9/14 - Pg. 36 APPROVED for sible action to renew a model sales permit for Woodmont Tracts 50, 57, 60, 62, 63 and 72B pursuant to Stipulation#11: six months. 32. Woodmont Maintenance Area - Discussion and possible action on 9/14 .- Pg. 36 a Acceptance of Utility and Canal Maintenance Easement - Temp . Reso. #2847_. a) APPROVED b) Vacation of a Utility and Canal Maintenance Easement - Temp. Ord. #1 059. First Reading. b) APPROVED on first reading. c) Revised Stipulation regarding canal excavations - Temp. Reso. #2849. /19 - Pg. 15 PROVED. PAGE FIVE 33. Fairways III - Model Sales Facilit - Discussion and pos- sible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. 9/19 - Pg. 22 APPROVED for 6 months. 34. Woodmont Tract 47 _ Model Sales Facility - Discussion and /14 - Pg. 37 possible action to renew a model sales permit. APPROVED for months. 35. Heftler Homes - Bond Release - Temp. Reso. #2828 - Dis- /19 - Pg. 23 cussion and possible action to release a warranty bond posted for sidewalks. APPROVED. /14 - Pg. 37 36. Versailles Gardens - Warrant Bond - Temp. Reso. #2831 Discussion and possible action to release a warranty bond posted for sidewalks. APPROVED. 37. Tamarac Gardens - Bond Release - Temp. Reso. #2830 - Dis- /14 - Pg. 21 cussion and possible action to release a warranty bond posted for sanitary sewer system. APPROVED. 38. Sunniland Bank - Bond Release - Temp. Reso. #2829 - Dis- 9/14 - Pg. 37 cussion and possible action to release a performance bond posted for the parking lot addition subject to the receipt APPROVED. of a one-year warranty bond. (tabled from 7/13/83). 39. Tamarac Town Square - Revised Site Plan - Temp. Reso. #2838- /14 - Pg. 38 Discussion and possible action to approve a revised site plan for a dumpster for the Golden Pagoda Restaurant. APPROVED. /14 - 5 ) APPROOVV ED for partial refund 40. Lakes of Carriage Hills - Discussion and possible action on: a Release of a portion of a cash bond posted for landscapinc for Building #1 - Tenp_.__Re_so. #2841. b) Request to waive the provisions of .the sign ordinance to permit a temporary over -sized ground sign at 6180 Rock Island Road - Tem. Reso. #2842. ) APPROVED for one year. /14 - Pg. 29 — —..�. 41. Centra-Care Medical Center - Discussion and possible action ) & b) APPROVED on: with condition; a) Site Plan - Temp._ Reso. #2839. ) & d) APPROVED b) Landscape Plan ith payment of c) Water & Sewer Developers Agreement d) Water Retention Agreement f ees. ) APPROVED e) Warranty Deed for 40-foot right-of-way on University Drive - Temp. Reso. #2840. (to be located on the east side of University Drive, north of NW 82 Street). 9/19 - Pg. 11, ) and c) UPROVED. 42. Northwood II - Discussion and possible action on: a Amendment to Development Agreement pertaining to drainage improvements in Westwood Community Six along the western boundary of this project - Temp. Reso. #2857. b) Disposition of the warranty bond posted, for public improvements - Tem . Reso. #2837. c) Revised site plan to reflect elimination of 26-foot wide ) APPROVED as amended. units on certain lots - Tem). Reso. #2836. 43. Shaker Woods Village - Discussion and possible action on: a Approval of Water and Sewer Developers Agreement for Site Plan #2. b) Acceptance of Bill of Sale for water distribution and sewage collection system improvements for Site Plans #1 and #2 - Tem . Reso. #2846. 44. Tamarac Market Place - Discussion and possible action on: a Site Plan - Tem. Reso. #2843. b) Plat - Temp. Reso. #2844. c) Landscape Plan d) Water & Sewer Developers Agreement e) Flow-Thru Easement - Temp. Reso. #2845. f) Request to build one-halfof canal on southern this property. /19 - Pg. 23 ABLED to 9/28/83 ) APPROVED. /1.4 - Pg. 24 ),b),c) and f) PPROVED with onditions. ) APPROVED as portion of mended. (to be located at the southwest corner of McNab Road and Nob ) APPROVED. Hill Road). PAGE SIX 45. Uni_versity__Communi_ty Hospital - Temp. Reso. #2826 - Dis- cussion and possible action to accept an Easement Agreement pertaining to maintenance of a concrete fence. 9/14 - Pg. 38 APPROVED. 46. Woodmont Tract 60 - Temp..Reso. #2848 - Discussion and pos- sible action on a request from the Homeowners Association 9/14 - Pg. 38 REMOVED from for street name changes. Agenda. 47. Drainage Improvements in the_City - Discussion and possible a c t i o n. 9/14--Pg. 39 City Engineer Public works REPORTS Director to report to 48. City Council Council. 9/19 - Pg. 26 (48) 49. City Manager (49) e orts given. 9/19 - Pg. 27 50. City Attorney Report re: BikE ath. City Council may consider such other business as may come before it. (50) /19 - Pg. 27 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. Report re: pro - posals to Chart Board. CITY OF TAMARAC Carol A. Evans Assistant City Clerk PUBLIC HEARINGS - BUDGET HEARINGS FOR FISCAL YEAR 1983/84 Tuesday, 9/13/83 - 1:00 p.m. - Utilities East Budget (First Reading) - Utilities West Budget (First Reading) - Special Funds Budgets (First Reading) - 7:00 p.m. - Millage - General Fund Budget (First Reading) Monday, 9/26/83 - 1:00 p.m. - Utilities East Budget (Second Reading) - Utilities blest Budget (Second Reading) - Special Funds Budgets (Second Reading) - Federal Revenue Sharing Funds (First Reading) - 7:00 p.m. - Millage - General Fund Budget (Second Reading) 51. SUGGESTED ADJUSTMENTS TO THE BUDGET - Agendized by Consent 9/14 - Pg. 6 (Interoffice Memo. #8309-1107) APPROVED. 52. RESOLUTION CONDEMNING THE RUSSIANS FOR SHOOTING DOWN KOREAN FLIGHT 007 - Temp_, Reso. #2860 - Discussion and possible action. Agendized by Consent. 53. Rezoninry b Broward-County of Lands East of 441 - Prospect Road - Agendize by Consent. 54. Southgate Gardens East - Mission Lakes - Discussion and possible action on release of Warranty Bond. Agendized by Consent. 55. A uatic Plant Control State Funding Program - Discussion and possible act to adopt the State Aquatic Plant Control Agreement for the period 10/1/83 to 9/30/84. Agendized by Consent. 56. Cit Ambulance Service for the Residents of Tamarac - Discussion and possible action. Agendized by Consent. 9/14 - Pg. 39 APPROVED. 9/19 - Pg. 1 AUTHORIZATION granted to Mavor. 9/19 - Pg. 24 AUTHORIZATION GRANTED. 9/19 - Pg. 24 APPROVED. 9/19 - Pg. 24 AUTHORIZATION to proceed. 57. UTA Cable Corporation - Discussion and possible action to grant a non- 1 9/19 - Pg. 8 exclusive franchise for a community antenna television system. Agendized HELD for 9/26/8 by Consent. PAGE SEVEN 58. Woodmont Maintenance Area - Release of Three Buildin.E Permits - Discussion and possible action to authorize. Chief Engineer to sign off three applications to Chief Building Official.., so that permits can be issued. 9/19 - Pg. 17 CITY OF TAMARAC, FLORIDA REGULAR COUNCIL MEETING WEDNESDAY, SEPTEMBER 14, 1983 Tape CALL TO ORDER: Mayor Falck called the meeting to order on 1 Wednesday, September 14, 1983 at 3:00 P.M. in Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro C/M Jack Stelzer C/M David E. Krantz C/M Philip'5. Kravitz ALSO PRESENT: Laura Z. Stuurmans, City Manager Jon Henning, City Attorney Carol A. Evans, Assistant City Clerk Roslyn Brauner, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a moment of Silent Meditation followed by the Pledge of Allegiance. The Mayor announced the items which have been given a specific time to be heard. 51. Adjustments to Budget for F/Y 1983/84,- Discussion and possible action. SYNOPSIS OF ACTION: Aqendized by Consent. (See Pages 6,7 & 9 ). C/M Kravitz MOVED to Agendize by Consent, the suggested adjustments to the Budget for F/Y 1983/84, as mentioned by C/M Stelzer yesterday. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 28. Southgate Ga_rde_ns_Apartments/Cardinal Industries - Discussion and possible action on: g) Authorization for distribution of funds from the escrow agreement dated August 1, 1983. h) Request by the City for a fifteen foot utility easement. SYNOPSIS OF ACTION: Agendized by Consent See Pdqe.s 29 & 30). g) V/M Massaro MOVED to Agendize by Consent, discussion on the dis- tribution of funds from the escrow agreement dated August 1, 1983. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE h) V/M Massaro MOVED to Agendize by Consent, the request of the City for a recorded copy of a fifteen foot utility easement. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 29 e) Southgate Gardens Condominium - 7300 South ate Boulevard - AcceptTance of utility easement for sewer purposes - Temp. Reso. #2858. SYNOPSIS OF ACTION: REMOVED from Agenda (See also Page 33). V/M Massaro MOVED to REMOVE this item from the Agenda. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE -1- 9/14/83 21 b) School Busin of Shaker Villa e Elementary School Students - Discussion and possible action to approve the installation of a five foot sidewalk on the north side of Southgate Boulevard between University Drive and 88 Avenue. SYNOPSIS OF ACTION: Agendized by Consent (See Page,. 4 & 5) . V/M Massaro MOVED to Agendize by Consent, the installation of a five foot sidewalk on the north side of Southgate Boulevard between University Drive and 88 Avenue. SECONDED by C/M Krantz. 1 ouffmc ALL VOTED AYE 52. Resolution Condemning the Russians for Shooting Down Korean_ Flight #007 - Temp. Reso. #2860 Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent (See Page 38). C/M Stelzer MOVED to Agendize by Consent, preparation of a Resolution condemning the Russians for shooting down Korean Flight 007. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 1.1 b) Bid Award for Burster/Decollator for Billin2 Purposes for Administration. - Discussion and possible action. SYNOPSIS OF ACTION: REMOVED from Agenda at request of City Manager. C/M Kravitz MOVED to REMOVE from the Agenda, the bid award for a Burster/Decollator for billing purposes for Administration, as re- quested by the City Manager. SECONDED by C/M Krantz. VOTE: RESENTATTONS AND AWARDS ALL VOTED AYE 3. Disabled American Veterans - Presentation by Mayor Falck of a Proclamation designating October 23 to October 29, 1983 as "Forget -Me -Not Week". SYNOPSIS OF ACTION: Proclamation presented. Mayor Falck presented the proclamation to the representatives of Tamarac Chapter 73 of the Disabled American Veterans, designating the week of October 23 to 29 as "Forget -Me --Not Week". The mayor asked all citizens of Tamarac to observe that week in honor of our heroic dead. LEGAL AFFAIRS. 21.. School Busing of Shaker Village Elementary School Students. a) Temp. Reso. #2827 -- Discussion and possible action to urge the Broward County School Board to provide transportation for all students of Pinewood Elementary School residing in Shaker Village. -2- 9/14/83 /rb b) Discussion and possible action to approve the installation of a five foot sidewalk on the north side of Southgate Boulevard between University Drive and 88 Avenue. SYNOPSIS OF ACTION: a) APPROVED b) A:;endized by Consent on Page 2. APPROVED. City to attempt to obtain assistance from County. If assistance not received, City to bear expense of installation of sidewalk at an estimated $30,000.00. RESOLUTION NO. R-83-v2,X7 PASSED a) Citv Attornev Jon Henning read the Resolution by title and Mr. Sol Robinson, resident, stated that he would like to outline constructive alternatives relating to the problem of the busing of students of Pinewood Elementary School residing in Shaker Village. He said the Resolution,which was sent to his daughter, will not accomplish what is needed for these children. He said the reason for his statement is that the Resolution calls for a remeasurement of the dis- tance, but there is no need for this remeasurement as the distance has been established as 1.8 miles,which is 2/10 mile short of the two mile rule. Mr. Robinson said the Resolution is asking the School Board to grant parents the opportunity to speak to them, but the composition of the School Board is such that it would preclude any kind of rational discussion and they have even refused to place this item on their agenda. Mr. Robinson mentioned that he personally 4ppeared before the School Board, but they aced in an arbitrary and capricious manner and the only argument they had was that a strict enforcement of the two mile rule will save the County $367,000.00 for the entire County.Mr. Robinson stated that the amount involved for Shaker Village is so infinitesimal that it is a disgrace to even dis- cuss it. The entire $367,000.00 represents less than one -quarter of one per cent of a multi -million dollar school budget and even smaller than that in the entire County budget. Mr. Robinson said the School Board seldom,if ever, listens to the suggestions of City officials, regardless of the merit of the request; but in this case there is legislation to allow the Tamarac City Council to take corrective steps. Mr. Robinson said he is referring"to State Statutes, and especially to Chapters 2, 3 and 4 Transportation of School Children",and, in particular,Section 234.021 entitled "Hazardous Walking Conditions", which relates to children up to Grade 6, and applies to the students of Pinewood Elementary School who reside in Shaker Village. (See Attachment #1). Mr. Robinson said that if the children of Shaker Village were to walk through Bailey Road, there is no doubt a hazardous condition would exist, as there are no sidewalks in certain areas and the condition of the road in general is very poor. He pointed out that the School Board has decided that these children should walk through Commercial Boulevard which is a six lane high speed highway. According to. the Statute, the sidewalk is to be a minimum of four feet, to permit a walking area, whereas walking from Shaker Village to 64th Avenue, there exists only two -tenths of a mile of four foot sidewalk, after which the children must walk on private property to walk on a two foot sidewalk for another two -tenths of a mile. After that portion, there exists four -tenths of a mile of four foot sidewalk and then the balance of the area is two -tenths of a mile and it is necessary to walk through Commercial Boulevard, cross over 57 Street and again walk on private property. Mr. Robinson said the residents of the Bermuda Club are disturbed about that. Actually, the children walk through a portion of North Lauderdale, but they live in Tamarac and provisions should be made for them by the City of Tamarac, as when walking through North Lauderdale, the sidewalks are less than four feet wide and are in fact a foot and a half wide and the children must walk on the road, as there is a stone fence in that area, all of which contribute to the hazardous condition that exists. --3- 9/14/83 /rbr Mr. Robinson said this situation meets all criteria, as indicated in Florida Statute 234.021 for determining the hazardous walking conditions to elementary schools, and the City Council should insist upon corrective action for this problem. Mr. Robinson further explained that at certain times of the year, children must walk to school before it gets light, which adds to the hazardous conditions that exist. Mr. Robinson asked that Council discard Resolution #2827 and in place of that, pass a Motion to immediately contact the District Superintendent of Schools requesting a review of the hazardous conditions that exist under Section 234.021 of Florida Statutes. Mr. Robinson also asked that Council appoint a concerned parent to examine the hazardous conditions along with the State Representative. Mr_. Jon Henning, City Attorney, said that under Council's direction, additional requests were made in the Resolution and he read the revised Resolution #2827 in its entirety. Mr. Henning said that if Council wishes, a copy of the Resolution can be sent to the District Office of the School Board as well as to the offices mentioned in the Resolution, and this can be added to the Resolution. Mr. Robinson said a request should be made by Council to the District Superintendent of Schools, specifically stating that hazardous conditions exist and an examination be made by the State and accompanied by a representative of the City of Tamarac. He said the Statute calls for that procedure and it is the only way a true determination can be made. C/M Kravitz MOVED to adopt Temp. Reso. #2827, urging the School Board to provide transportation for all students of Pinewood Elementary School residing in Shaker Village in Tamarac, since some of the residents are already receiving service; and that the Mayor be authorized to determine which bodies are to receive additional information. SECONDED by C/M Krantz. C/M Krantz said that he is familiar with the situation discussed and the bus that picks up the children at Shaker Village is only half full, yet the children who are one block away have to walk. VOTE_ ALL VOTED AYE b) V/M Massaro said that a serious situation exists at Southgate Boulevard. The children from the Sunflower-Heathgate area have been taken off the buses and some of them were within 1.9 miles of the distance required. She said this is a precarious area because the children must go along an asphalt walk that is not continuous and is near the canal. She pointed out that this asphalt walk is behind a berm and there is no lighting there. V/M Massaro stated that a sidewalk is needed at the curb where it is lit, as some of the children walk to school while it is still dark. V/M Massaro stated this was placed on the City's list as a need inasmuch as the School Board had not done so. She said she has been in touch with some County representatives and will pursue it further. She said she feels the City can obtain some assistance, but if assistance is not received by the end of this month, the City should install the sidewalk as it is on City property and the monies can come from the Parks and Recreation Fund. The County is aware of the City's limited Parks and Recreation Fund and V/M Massaro said she would appeal to them for this assistance. C/M Krantz inquired about the actual distance of the area involved and V/M Massaro said the City Engineer estimated the approximate cost to be $30,000.00 for a five foot sidewalk in that area. She pointed out that a five foot sidewalk is needed as children will not walk single file, as would be required on a sidewalk of less than five feet. C/M Krantz asked if a mile and a half is the distance involved and Mayor Falck explained that it is just a little under a mile.. -4_ 9/14/83 /rb V/M Massaro MOVED to approve the installation of the sidewalk and that further effort be made to obtain the funds from the County, either completely or sharing it with the City; and if assistance is not received from the County, the City to bear the cost of the installation, at an estimated cost of $30,000.00. SECONDED by C/M Kravitz. Mr. Walter Rekuc, resident, pointed out that Page 1 of the County Transportation Capital Program Budget for 1984/88 indicates that the County has $50,000.00 in uncommitted funds for school walks and safety. Mr. Rekuc said he was present at the County's last meeting and there were no requests made for those funds; and he therefore, feels the City can pursue this money. V/M Massaro explained that the City has already done so but found this item was not on the County priority list, at which time Mayor Falck pursued the matter and the item presently is on the County's list of priorities. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 40. Lakes of Carriage Hills -- Discussion and possible action on: a) Release of a portion of a cash bond posted for landscaping for Building #1 - Temp. Reso. #2851. b) Request to waive theT provisions of�the sign ordinance to permit a temporary oversized ground sign at 6180 Rock Island Road - Tem Reso. #2842. SYNOPSIS OF ACTION: a) APPROVED partial RESOLUTION NO. R-83-PASSED refund of $8,000.00. b) APPROVED for one RESOLUTION NO. R--83- dd�l PASSED year; sign not to exceed 96 square feet. a) City Attorney Jon Henning read the Resolution by title and V/M Massaro said that the beautification at Building #1 has been corrected and completed and the Chief Building Official has indicated that everything is in order and recommended release of the cash bond. V/M Massaro MOVED to release the cash bond in the amount of $8,000.00. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE b) City Attorney Jon Henning read the Resolution by title and C/M Krantz said a letter was received from the Beautification Committee approving the square footage of 120 square feet for the temporary oversized ground sign requested by Lakes of Carriage Hills and he would MOVE to approve Temp. Reso. #2842. Tape V/M Massaro explained that the actual sign is not to exceed 96 square 2 feet and the difference to 120 square feet represents the distance from the ground level up to the sign. She SECONDED the Motion and stated this will be reviewed again when the permit comes up for renewal. VOTE: ALL VOTED AYE -5_ 9/14/83 /rb CONSENT AGENDA SYNOPSIS OF ACTION: APPROVED a) hrough i) a) Minutes of 5/25/83 - Regular Meeting - Approval recommended b City Clerk. b) Minutes of 6/8/83 - Regular Meeting Approval recommended by City Clerk. c) Minutes of 6/22/83 - Regular Meeting - Approval recommended by City Clerk. d) Minutes of 6/29/83 - Special Meeting - Approval recommended by City Clerk. e) Minutes of 7/7/83 - Special Meeting - Approval recommended by City Clerk. f) Minutes of 7/13/83 - Regular Meeting - Approval recommended by City Clerk. g) Minutes of 7/25/83 - Special Meeting - Approval recommended by City Clerk. h) Minutes of 7/26/83 - Special Meeting - Approval recommended by'i City Clerk. i) Minutes of 7/27/83 - Regular Meeting - Approval recommended by City Clerk. j) Minutes of 7/29/83 - Reconvened Regular Meeting - Approval recommended by City Clerk. k) Minutes of 7/29/83 - Reconvened Special Meeting - Approval recommended by City Clerk. 1) Richard S. Rubin - Consultant City Planner - Services for August, 1983 - $2,100.00 - Approval recommended by City Manager. m) Alan F. Ruf - Consulting -City Attorney - 9/9/83 - $700.00 - Approval recommended by City Attorney. n) Mitchell Ceasar - Grants Consultant - Retainer for July and August, 1983 - $2,500.00 - Approval recommended by City Manager. o) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 1/10/83 - Project 1710-2, Statement 12 - $605.38 - Approval recommended by City Engineer. p) Shailer, Purdy & Jolly - Counsel for contraband forfeitures - Services for August, 1983 - $239.14 - Approval recommended by City Attorney. 9) N.W. 44 Street Resurfacing - Approval to remove this item from the agenda (tabled from 7/27/83). r) Utilities East - Engineering Services by Williams; Hatfield & Stoner, Inc. - Approval to extend the tabling action to a future meeting. C/M Kravitz MOVED to approve Items a) through r). SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 51. SAifggested Adjustments to the Budget - Discussion a.nd possible action. .SYNOPSIS OF ACTION: Agendized by Consent on Page 1 - APPROVED. C/M Stelzer said a meeting was held yesterday at which there was a lengthy discussion on the budget surplus adjustments and at this time he would MOVE that the accumulated interest income of the following Funds be transferred to the General Fund. The accounts and amounts from which the funds are to be transferred are listed below. -6- 9/14/83 f ACCOUNT # 356-179-581--921 350--179--581-921 309-179-581-921 351-179-581-921 352-179-581--9 21 789-179--581-921 310-179-581-921 345-179-581-921 AMOUNT $420,000.00 73,000.00 24,000.00 21,000.00 12,000.00 53,000.00 282,000.00 566,000.00 $1,451.000.00 The accounts to receive the funds are as follows. 001--399-356 001--399-350 001-399-309 001-399-351 001-399-352 001-399-789 001-399-310 001--399-345 $420,000.00 73,000.00 24,000.00 21,000.00 12,000.0.0 53,000.00 282,000.00 566,000,.00 $1,451,000.00 FUND CAPITAL RESERVE CAPITAL CONSTRUCTION DRAINAGE CITY HALL RENOVATION SIDEWALK PROJECT STREET RESURFACING PHASE II LEASE ESCROW DRAINAGE IMPROVEMENT PARKS AND RECREATION GENERAL GENERAL' GENERAL GENERAL GENERAL GENERAL GENERAL GENERAL C/M Stelzer further MOVED that the General Fund be reimbursed for the expenditures incurred on behalf of the Parks and Recreation Fund in the amount of $110,000.00. The transfer is to charge account 345-761--572-630 in the Parks and Recreation Fund entitled "Improve- ments Other than Building" and to credit the account 001-399-345 in the General Fund entitled "Receipts transferred in from Parks and Recreation Fund". C/M Stelzer further MOVED that the funds recommended by the architects to renovate the City Hall amounting to $600,000.00 be transferred from account number 001-876-581-939 entitled "Transfer to City Hall Renovation Fund" to ad'dount number 309-399--001 entitled "Transfer from General Fund". C/M Stelzer also MOVED that $300,000.00 be transferred from account number 001-876-581-940 entitled "Transfer to Drainage Improvement Fund" to account number 310-399-001 entitled "Transfer from General Fund" to provide for the continuation of drainage projects throughout the City. C/11 Stelzer explained that the effect of the aforementioned transfers, as well as budgeting the interest income of these funds as transfers to the General Fund will produce an approximate unappropriated fund balance of the General Fund of $670,000.00, which is below the Charter maximum. The ad valorem could be reduced to 2.25 mils and the receipt transferred in from the Capital Reserve Fund could be eliminated and the appropriate fund balance could be increased by the $388,394.00. The budget would remain at $9,353,279.00. C/M Stelzer said he would like to point out that the millage rate would now be down to 2.25, which represents a reduction over what was discussed at yesterday's meeting. The MOTION was SECONDED by C/M Kravitz. V/M Massaro said that while she raised an objection yesterday, since the $300,000.00 is put back into the drainage fund, she now has no objection. City Manager Stuurmans said that to add to C/M Stelzer's comments, she would like to state that the budget to be -presented for review on Monday, September 26th, will initially be considered at the rate -7- 9/14/83 /rb BLANK PAGE -8- 9/14/83 /rb that was approved last night and subsequent discussions will be embracing action that Council takes today. City Manager Stuurmans further explained that as a result of this action today, in the course of the next fiscal year interest that is accumulated by these funds will move to the General Fund as a revenue source and this will be reflected in'the budget proposal. Mayor Falck said this will be covered in detail at the budget hearing, and the City Manager concurred. VOTE: LEGAL -AFFAIRS ALL VOTED AYE 18. Emer2ency ordinance- American Video - Temp. Ord. #1058 - Discussioh and possible action to transfer a non-exclusive franchise for a community antenna television system to American Cablesystems of Florida. First Reading. SYNOPSIS OF ACTION: APPROVED on First Reading. City Attorney Jon Henning read the Ordinance by title and explained that there is existing, the American Video of Tamarac, which is an ongoing cable T.V. company operating in Tamarac under a franchise that was established back in 1969- Mr. Henning said this was a twenty year franchise and it will expire in 1989, with one 10-year option at the completion. Mr. Henning further explained that there have been business nego- tiations with a corporation named American Cablesystems of Florida which will be purchasing the assets and desires to receive a transfer of the franchise upon completion of their business transaction on approximately October 1st. Upon their negotiations with the City for the transfer, it was learned that there was a requirement of an Ordinance amendment, through provisions in the Charter, -and that is the reason the Ordinance is before Council today. Mr. Henning said there is a concern that the existing franchise and the present service rendered to the community not be interrupted or hampered in any way. This is an attempt for the new company to take over the franchise,as well as an opportunity for Council to address the old franchise to see if it is as they would like it to be at this point. City Attorney Henning said several weeks were spent before Council recessed, discussing the UTA franchise, which is unrelated except that it is in the City of Tamarac and is also a non-exclusive franchise. He said he circulated to Council, a brief cover memo showing the changes that are occurring in this amendment. Fie said there is a change of the ownership. The original Ordinance did not list the services rendered by the prior company and the amended Ordinance will provide the list that was attached to the circulated memo, which shows the 36 channels that will be offered upon the transfer. Mr. Henning stated the Ordinance also provides a notice requirement that if changes are made in the channels, the City is to be notified in writing, so the City is constantly aware of the services being rendered to the residents. The City Attorney further explained that a change was made in the franchise fee arrangement. Originally, a 5% franchise fee was to be paid to the City on basic service only, which covered channels that are not premium channels but .local channels as well as channels from other areas. The City is now proposing a -change in the franchise fee to 3% of all gross revenues, which means that the rate base for covered services is expanded, although the fee itself has been reduced. Mr. Henning said there presently exists a Federal Regulation relating to franchise fees which has a provision that if changes would be made to the Regulation to allow higher franclisie fees, this could be accomplished through this amendment. -9- 9/14/83 ,__,.. Mr. Henning said there is now a notice requirement which was not contained in the prior franchise and at that time there was nothing set out as to what happens if there is a change, and the City will now receive notice in writing of any changes made by the new cable company. Mr. Henning stated that the original franchise of 1969 contained four or five amendments and the present amendment will supersede any prior amendments. The rates were last addressed in 1982, as explained by Mr. Henning, and the last page of his circulated memo lists the rates which are in effect today and have been in effect for approximately one year. A comparison of rates was made at the time of discussions with UTA Cable Co. and the present amendment encompasses comparable rates, although premium channels may be slightly different. The 1973 Ordinance covers the ongoing franchise and is a total overhaul of the 1969 Ofdinance, as stated by Mr. Henning; and the 1973 Ordinance is being perpetuated today with these few changes and expires on May 20, 1989, at which time there is a ten year option which would enable them to renew the franchise at their option, until 1999, and is then renegotiated. Mr. Henning said,as indicated in his memo, the date of the franchise will not be changed. Mr. Henning said Section 4 contains a space, and the listing that will go into that space is the separate list of the 36 channels. V/M Massaro said she feels the listing of what is being furnished to the residents, as well as the requirement that the City be notified of any additions or deletions to that list, should be part of the franchise agreement, which would enable Council to know when the cable company comes in for rate changes, if proper service has been rendered to the residents. The Vice Mayor said this would also permit Council to act upon any increases provided by law. Mr. Ray Munitz inquired as to whether the new cable company will assume the liabilities of the old company as well as their assets. Mr. Henning replied that he has not yet seen the closing document but American Cablesystems of Florida is- taking over the responsibilities of the franchise that was held by American Video. Mr. Mitchell Ceasar said he has not seen the closing documents as the closing will not take place for several weeks but he too would presume that when a company buys the assets of another company, they also buy the liabilities such as customer deposits, etc. Mr. Ceasar said he feels customers who have security deposits are not in jeopardy due to the purchase of the company. Mr. John Chappel, who will be the General Manager of the new company, stated that this is a purchase in entirety and American Cablesystems of Florida will assume the assets as well as the liabilities of American Video Corp. and they look forward to providing higher quality services in the months and years ahead to the residents of Tamarac. Mr. Walter Rekuc, resident, said he has been following cable television for a number of years, since 1969,and he does not understand why this is an emergency situation an-d there were no documents in the file to substantiate that it is an emergency as of yesterday at 4:00 P.M. He stated that the City is transferring the franchise to a limited partnership and he asked what the limited partnership includes as th�� City is a corporation and a corporation would not enter into an agree ment without inspecting the limited partnership documents. Mr. Rekuc asked whether the City has obtained a financial statement or a bond from the limited partnership or its members. and said there are a number of unanswered questions. -10- 9/14/83 /rb V/M Massaro stated that the questions are not unanswered. Mr. Rekuc said the file was not available on this matter at 4:00 P.M. yesterday and he feels the citizens of Tamarac should have the op- portunity of inspecting the file. Mr. Rekuc said he would like to discuss the rate increases. He said there was an Ordinance back in 1969 which provided for 40 channels but at this point 40 channels have not been reached. He stated that rate increases have been put through without justification. V/M Massaro said Council is not discussing rate increases today. Mr. Rekuc said this is the responsibility of the prior corporation and it should be addressed as there is a liability on the part of the prior corporation which must be settled before going into a new corporation and transferring assets.. Ile said a statement was made to the effect that the increase was based entirely upon representation that increased revenues are needed and will be spent within the next nine months to expand the system: The City -has no documentation that the money was spent to expand the system, and it should be received from the prior corporation. If the funds were provided by the City for capital improvements, those assets are actually the property of the City of Tamarac. He pointed out that the Ordinance makes that statement relating to capital improvements. Mr. Rekuc said he would recommend that no further action be taken on transferring the franchise until information is provided as to financial statements, limited partnership and justification for a rate increase based upon a cost of living for the prior increases that were provided. He said the City has a lack of internal control on rate increases and on the company information involved in the City franchise. He said he thinks the City has a liability of the prior corporation that must be settled and there is no justifica- tion at the present time to reduce the franchise fee from 5% to 3%. Mr. Henning explained this is not a reduction, but rather is an increase as the City will receive 3% of a larger pie. Mr. Rekuc said that is not necessarily so as the previous Ordinance did say, "5% of the gross". Mr. Henning said at that time the Ordinance had not been amended and Mr. Rekuc said he understands but he feels the City must know more about the corporation, the partners and what their limitation is as to their responsibility to the corporation. He feels the citizens of Tamarac have the right to know more about it before Council takes a vote. Mr. Mitchell Ceasar said that as has already been clarified, there is no rate increase involved at the present time. He said that it was Council's request to change the franchise fee from the basic to the gross percent; and in addition to that, a letter was sent" to the Mayor informing the City of plans to increase channel capacity. Mr.. Ceasar stated the new company will take over all the obligations of the prior company as well as provide additional service since they are a larger company. Mr. Ceasar further said that with reference to the emergency, documents have been presented to the City quite some time ago, stating that a closing is expected within a couple of weeks Ord the documents must be provided before the closing takes place. He explained that this is a major sale and documents must be there in advance in order to effectuate a successful closing. Mr. Ceasar pointed out that all Council members were aware of the situation. There were two or three changes requested by the City and the new company has agreed to all those requests and a tremendous amount of information was generated about the company, its track record, where they are, letters from other cities, etc., and all this documentation has been made available. -11- 9/14/83 /rb Mr. John Chappel said Mitch Ceasar is accurate in saying that the closing is contingent upon Council's approval and quite clearly, the addition of services is one of the major thrusts of the transferring process. The new company will be upgrading the system and providing new services as well as additional community services through locally originated programs, and he feels the citizens of Tamarac will be very pleased with the new product in the very near future. Mr. Chappel said he would be very happy to sit down with any of the citizens or employees of the City of Tamarac to discuss these future plans. VIM Massaro said with reference to the documentation for rate increases that were set in the past,.. this was accomplished by public hearing during which the public had an opportunity to be heard. She said there were delays in allowing the increases until certain requirements of the public were met and the public actually said they were happy with the adjustments that were made. VIM Massaro ,MOVED to approve Temp. Ord. #1058 on First Reading, transferring a non-exclusive franchise for a community antenna television system to American Cablesystems of Florida. SECONDED by C/M Krantz.. Mr. Robert Haber, representing UTA Cable Corporation, stated that he is not here to oppose the proposed Ordinance inasmuch as he has not yet reviewed it. He said he is here to oppose the methodology for the procedure heard today. He said he questions the emergency basl^is and asks what the precedent is for the City of Tamarac to adopt emergency ordinances of this kind; and he would submit to Council that there isn't any. Mr. Haber said that if an emergency does exist, he would respectfully submit that Florida Statutes require that a municipal Ordinance be read by title or in full on at least two separate days. Mr. Haber mentioned that it was stated here the City Council does not possess a complete document, or a complete proposed Ordinance. VIM Massaro said that Council does have this document. Mr. Haber said he would ask the City Council for the same courtesy that was extended to American Cablesystems to be extended to the representatives of UTA Cable Corporation. He asked Council for per- mission for UTA to review the proposed Ordinance and its contents. to enable them to share with Council the content of the Ordinance since he believes that adoption of the proposed Ordinance would impact upon Council's reconsideration of the application made by UTA for a similar cable television franchise. He said for this reason, he requests that the Ordinance not be adopted today but rather be considered at a Second Reading two weeks from today and that would be consistent with a closing scheduled a few weeks from now. He pointed out that there are closings,that can be done in escrow and Attorney Henning and Attorney Ceasar would attest to this.. VIM Massaro said that^Mr. Haber made a statement that State law requires that an emergency reading of an Ordinance take place on two separate dates; and if that is the case, she would suggest it be considered at the recessed meeting. Mr. Samuel Hart, representing UTA Cable Corporation, said he was handed copies of the Ordinance at the same time members of the City Council received them just a few moments ago. Fie said although he barely scanned it, he noted that there were some items missing based upon the comments made by VIM Massaro as well as those of other Council members at the last Council meeting with regard to what the City requires in a cable television franchise agreement. He said there seems to be a gross inadequacy in terms of not having granted a franchise because those items were not included. They are today not included in another franchise agreement and yet this is being put through as an emergency Ordinance. He said he does not understand what emergency exists as the cable company -12- 9/14/83 / __,_ will continue its operation regardless of Council's action today or in the next six months. The cable company will in no way be affectedi although the owners of the system might have a different view of that. Mr. Hart said that their business could move forward by accomplishing the closing by escrow and the City Council can look into what should be contained in a cable television franchise, such as the items V/M Massaro mentioned previously regarding renewal of the franchise since the same information is contained in the amended Ordinance as is in the original Ordinance. V/M Massaro said that the document Mr. Hart has in his possession is not the full franchise. The, original franchise is still in effect but there are amendments to it. She said she has indicated to the Mayor that she would ask Council not to act on the franchise on Second Reading today, but rather at a recessed meeting and she would be happy to have Mr. Hart tell her about anything left out of the agreement or that he consult with the City Attorney as Council wants to make sure the people of the City are protected. City Attorney Jon Henning said he would like to make an observation for the edification of Council. Council has been interested in cable television in the city and the only two parties who made inquiries of his office are American Cablesystems of Florida and UTA Cable Corporation, who are both interested in their own franchise as well as each other's franchise. Mr. Henning said he has not received requests from members of the public on this subject, although he has received requests from members of the publi-con other subjects. Mr. Henning explained that Council has the financial background on American Cablesystems and has met with the Boston representatives and Vice President and information is available. He said he has had a brief opportunity to sit down with the UTA people before this meeting today and they now have copies of the 1973 Ordinance as well as the present proposal. Mr. Hart said he would like to make it clear to the Mayor and Council members,that there was no implication whatsoever that anything was being withheld today and he is not opposing the transfer of the ownership but he is asking that Council give due consideration to the transfer as there is no emergency that he can identify as existing. Mr. Hart said that Mr. Haber has indicated under State Statute, if an emergency does exist, a requirement for emergency pro- cedure haS not been met and if it had, readings would have to be accomplished on two separate days, and not in separate sessions on the same day. Mr. Hart said .what he is asking Council to do is to give ample study to the request for a transfer because, as stated previously by V/M Massaro, this will give the Council an opportunity to thoroughly review the existing franchise in the public interest to determine how the public and the City of Tamarac can benefit from any changes adopted at this time. V/M Massaro said if anything was omitted, she would like to have Mr. Hart tell Council about it tomorrow and the Second Reading of the Ordinance will be accomplished at another time. Mayor Falck said he feels Mr. Haber will agree that in past discussions relating to UTA, everything has been properly handled and Council has tried to accommodate them in all ways possible. Mrs. Melanie Reynolds said that since the Charter Board did not receive any backup as relates to this emergency, she would like Council to state why this is an emergency. -13 9/14/83 /rb City Attorney Jon Henning stated that it is indicated in the Ordinance a closing is scheduled for October 1, 1983 for the purchase of American Video by American Cablesystems of Florida and there is a great financial loss at stake if the deadline is not met. Mr. Henning further explained that since the transfer of the franchise must be accomplished by Ordinance and as this is the first Council meeting since the recess and Council does not wish to jeopardize the residents of Tamarac who are presently being serviced by American Video, it has been determined that an emergency does exist. Fie said in conversations he had with the representatives of the new corporation, he learned that a large corporation, American Cablesystems, owns the limited partnership of American Cablesystems of Florida. They are acquiring numerous cable companies and the Tamarac corporation is the last to be finalized at the multiple closing which will take place in about two weeks. Mr. Henning stated that there were discussions relating to a closing by escrow but American Cablesystems felt it would be inappropriate for them. In the past, said Mr. Henning, Council has passed emergency Ordinances based either upon potential financial loss or problems with deadlines that were created by the Council recess. Since this is the first Council meeting to be held in six to eight weeks, as well as the fact that a potential loss is at stake, it is felt that an emergency does exist.. Mrs. Melanie Reynolds said it is necessary that Council let the public know why an emergency exists. VOTE: GENERAL ADMINISTRATIVE/FINANCIAL ALL VOTED AYE _. 12. 201 �'Discussion '--Ilan Update - and possible action can: a) Status report. by Consulting Engineer. b) Authorization. to proceed Stith design and preparatory work. SYNOPSIS OF ACTION: a) Report presented. b) Authorization to Mayor to select in- dividuals to begin negotiations for 40 acres in Land Section 7 and the party to negotiate with golf courses for permission for spray irrigation. Authorization--to- Williams, Hatfield & Stoner to begin pre- liminary work for upset figure of $182, 000.00. Mr. Alan Ruf, Consulting City Attorney, said that for the past two years, the City has been involved in trying to convince the County that Tamarac should be allowed to participate in the Coiinty's,. plan for the disposal of treated effluent. During thb past several weeks, it has become apparent that Tamarac will be permitted to move forward with this project. Mr. Ruf said the City's Consulting Engineer is present today to outline the plan and to ask for certain commitments from Council in order to be on line for grant applica- tions that will have to be made no later than April 15, 1984 to be eligible for a grant in October of 1984. The Consulting Engineer, as explained by Mr. Ruf, will advise that this is a system that is highly favored for grants and the City is optimistic that it will be well received by those making the grants; and he.. will also indicate what will be necessary for the City to accomplish within the next several months. Mr. Tony Nolan of Williams, Hatfield & Stoner, distributed to Council and the City Clerk's Office, copies of a report prepared by his office. He explained that approximately 21 months ago, the County began to review a plan for wastewater treatment in Broward 9/14/83 -14- /rb d County that had been prepared several years before that, but was never approved by the Environmental Protection Agency, which provides funding for wastewater treatment pro3ects. The County had received a number of those funds but as it turned out, without the final acceptance of the 201 Facilities Plan, the funding strain was coming to a conclusion. Mr. Nolan said that back in early 1981 the County engaged a consulting engineering firm to review the 201 Plan, as it had previously been pre- pared. From the day the City of Tamarac purchased the assets of Tamarac Utilities, the City was destined to become part of the regional Tape conceptual plan by virtue of an agreement that had been signed by 3 the operators of TUT and the County called a "Large Users Agreement. That Agreement contained some specific projections which allowed the County to use a pottion of Tamarac's projected flow for the year 1985 as their guide for development of a system that was partially implemented. Mr. Nolan said his firm was requested to review this matter to make sure the concerns the City had at that time were being attended toe. one of which was'debt service obligation. Only a portion of the County's regional facilities were constructed and it was anticipated by the original signers of TUI of the "Large Users Agreement" that two pumping stations and a series of force mains would service the City of Tamarac. At that time, only one pumping station was in place and as a consequence, only a very small portion of the City's flow could be directed as planned. Mr. Nolan further explained that a controversy had developed regarding the d-:sposi.tion of the debt service portion of the service charges the County was trying to levy against the City. The second concern was whether the ultimate 201 Plan that would evolve from this process would be fair and equitable to the residents of .the City of Tamarac. This concern was manifested by virtue of the fact that the fragmentation of the system as it had originally been planned, was obvious at that point and it was feared that it might be a disproportionate financial obligation for the City to continue. Mr. Nolan said that as the review commenced, several regulatory postures had changed, the first being the County's attitude toward deep well injection of wastewater treated effluent. During the process, Mr. Nolan said his firm investigated the viability of the City of Tamarac using deep well injection on their own and whether or not it would be an economic possibility; and it turned out that it was not. In the Spring of 1982, Broward County Environmental Quality Control Board revised its considerations for spray irrigation of treated wastewater effluent and the City Engineer recommended that investigation be made of the continued use of the existing City system in some way for disposal of wastewater treated effluent. The system was to use the wastewater on golf courses for spray irrigation purposes since the inception of the system in 1969. Mr. Nolan said his firm began to discuss that process with the consultants for the County and it was a problem for them as they were trying to reach an August 1982 deadline for completion of the report in addition to which their scope of services expressly precluded spray irrigation methods. There were prescribed methods of effluent disposal they were to study; and spray irrigation was not one of them. Therefore, even if the scope of their services could be amended, it was obvious there was not sufficient time to do an adequate job so the City elected to assist them to some extent. The study was undertaken by Williams, Hatfield & Stoner, as stated by Mr. Nolan, but because time was so short, with the City's consent, the services of a consulting engineering firm from Atlanta were enlisted. The name of that firm was Brown Caldwell. In addition, an economic consultant named Technical Associates, Inc. of Richmond, Virginia was engaged to assist in a twofold process. One was an engineering economic feasibility spray irrigation and the second was an engineering economic feasibility of the County's revised plan whereby the conclusions that were drawn were scrutinized as well as the validity of the conclusions that were drawn. -15- 9/14/83 /rb Mr., Nolan said.that about the same time, the City's concern for its posture on the Large Users Agreement was becoming a problem and another consulting attorney was engaged to assist the staff City Attorney and Consulting City Attorney and an experienced arbitrator in wastewater matters was engaged by the City to help the City to present its case before the County Commission. At about that time, the County was becoming inflexible as far as modifications to the 201 Plan. The City's attempt to insert a modification to the Large Users Agreement to allow Tamarac to reduce its flow was impossible because the existing 201 Plan reflected all of Tamarac's flow going to the County,and unless a modification was made to the Plan, the Large Users Agreement could not be modified. At that point, explained Mr. Nolan, the City began to develop two avenues of research. One was a legal resolution of these difficulties with the County's Large Users Agreement; and the second was to continue to develop what became known as the Tamarac Option. Mr. Nolan further stated that during August, 1982, the County was proceeding to conclude the Plan that was undertaken by its consultants and a public hearing was held on August 19, 1982. As a result of Tamarac's presentation and the numerous meetings held prior to that, the City was successful in convincing the County consultants as well as the County, that Tamarac's spray irrigation option was not less expensive just for the residents of Tamarac, but was in fact less expensive for all the users of the north regional system. At that meeting, the County Commission approved it and directed the consultants to include the Tamarac Option in the revised 201 Plan. A subsequent meeting was scheduled by the County, to approve the final document. Shortly thereafter, some confusion evolved out of the Large Users Advisory Board, who are the group of large users that consult from time to time with the County staff on the operation of the north regional system. The confusion came out of two things; firstly, it was over a distribution of costs in subsequent phases of construction. That problem arose because in the last months it became obvious that the Environmental Protection Agency was dropping its percentage of participation in eligible projects from 75% to 55%. The 20% reduction in participation meant significant differences in construction costs and would have meant a rising cost to the existing large users, some of which had a good portion of their ultimate capacity in the initial phases of the development process. Mr. Nolan said Tamarac's wish to withdraw from the system a portion of 4.3 million gallons of capacity seemed to complicate matters even further. It was over a long period of time between August and February that the City met continuously with the County, the Advisory 13oara and various members of the Advisory Board to the end that a distribution formula that was suggested was deemed inequitable by the County General C.ouncil's office. 11r. Nolan said that the final conclusion of thia matter j_r, that in February the County Commission finally approved the final product of the 201 Plan Update. However, Tamarac was asked,to make two con- cessions at that point. One was that they would not enter into legal action to force a resolution of their problem with respect to the excess capacity. The second was that Tamarac would not develop plans or seek EPA funding for the Tamarac Option. A restudy was directed at that meeting, to be completed by August. In conclusion, contact was maintained all this time with the consultants who were doing the restudy. Mr. Nolan stated that it is obvious to him and to his firm at this writing that the 201 Plan will finally be approved and the portions of the Plan which are really the Tamarac Option will remain essentially intact meaning that Tamarac will continue its spray irrigation. --16- 9/14/83 /rb Mr. Nolan said the City is placed in an enviable position from a few standpoints. Firstly, the economic viability of the Option was established without consideration for EPA funding. At that point it was assumed that whatever EPA funding was avail- able to one would be available to the other. Therefore, EPA funding was not used to establish the viability of the program; and although the EPA levels have dropped and even those funding levels are relegated to treatment works and not lines of any kind, the type of process that Tamarac will employ is called Innovative and Alternative Technology by the Environmental Protection Agency and is funded as such, with levels up to 75%, which places it higher on the return scale than merely secondary treatment, deep wells, or things of that nature. Mr. Nolan said although the competition for EPA funds is quite keen, it should be pointed out that Alternative and Innovative Technology gets priority points in the ranking system, whereas ordinary treatment systems do not. Therefore, Tamarac will be treated favorably from a priority standpoint as well as from a funding stand- point. All of these things are in favor of the City as far as the ultimate cost is concerned. Mr. Nolan stated that the remaining concern expressed at the onset,is still relatively unresolved; and that is the disposition of the 4.3 million gallons of disputed debt service. Mr. Nolan said these funds are not out of the system but have been escrowe. and'it'is entirely logical that there will be a resolution of this problem in the near future. All of the County's existing capacity, which is 66 million gallons, has been allocated. When the County receives a request from large user for additional capacity, which it does not have, at that point, the County will probably reduce Tamarac's allocation from 6.8 to 2.5 million gallons. Because of the distribution formulas that the County has in place, this new large user will pay the accumulated debt service on that portion of capacity that he picks up, back to October 1, 1981, thereby relieving Tamarac of the obligation of that payment. In turn, Tamarac will remove the money from the escrow account, pay the County for its 2.5 million gallons which will then be in the modified Large Users Agreement, and use the remaining debt service portion of 4.3 million gallons capacity, for improvements to the system. Mr. Nolan said it would seem reasonable to assume that Tamarac will be in the spray irrigation business from now on, and several things need to be done. As mentioned previously, priority points are given in the EPA system for this type of a grant and it is funded at a higher level. What needs to be taken into consideration is timing and Tamarac_ needs to be. in a position to receive grant funds in the shortest possible time. It appears as though October 1, 19-84 is the earliest time the City would be eligible'to get funding -dna in order to obtain funding in October 1984, the City must meet two deadlines. April 15, 1984 is the cutoff date for applications for fiscal year 1985 funding. By that time, the City would have a pretty good idea about costs and how the system will go. On August 15, 1984, approximately 45 days before a grant is awarded, the City would need to have com- pleted construction drawings and be able to demonstrate to EPA that Tamarac is ready to move when the grant is offerdd. -17- 9/14/83 /rb There is another consideration from a timing standpoint, as explained by Mr. Nolan, and that is that the City has an operating permit conforming to EPA regulations which will run out in September. They are anxious to see a resolution to this problem. Williams, Hatfield & Stoner have been in contact .with EPA a number of times over the past several months reassuring them of the process that would evolve. They are extremely cooperative and sympathetic to the situation and Mr. Nolan said he thinks if nothing else, Tamarac will be able to get the permit renewed on a temporary basis once a demonstration is made as to how the problem will be resolved. Mr. Nolan said Williams, Hatfield & Stoner have recommended that several things be done. Firstly, conversations have centeted upon using existing City property from time to time for the holding ponds that would have to be developed to bring the existing spray irrigation system into compliance with regulatory requirements of today. This does not seem to be plausible at this point when one views the inventory of the properties of the City, and Williams, Hatfield & Stoner recommend that consideration be given to several parcels of land that are for sale in Land Section 7. As a result, it is recommended that proper City officials begin negotiations for the acquisition of at least forty acres of Land Section 7 for the development of the spray irrigation facility; that is, the retention ponds and a pumping station to pump that water back to the golf courses for irrigation purposes. It would also be prudent to see what other use that facility could be put to from a sludge treatment standpoint and from a public works standpoint. Mr. Nolan said it is also recommended that the proper City officials be authorized to begin negotiations with five golf courses in an effort to develop long term agreements for the delivery -of treated wastewater effluent for irrigation purposes to these golf courses, which would be done in conjunction with South Florida Water Management District and with water withdrawal permit requirements. The golf courses are Colony West, Colony West Executive, Woodmont, Sabal Palm and Woodlands. It is recommended that Woodlands be negotiated with and held in reserve as with the other four there are sufficient amounts of land to demonstrate that the City could use the criteria of two inches .per week from an irrigation standpoint and still dispose of the City's wastewater effluent at this time. Mr. Nolan recommended that the City authorize Williams, Hatfield & Stoner to proceed with preliminary engineering on the ponds, the effluent filters and pump station and begin work on the interconnecting force mains and the routing of delivery systems to these four golf courses, Unless a negotiation process with the golf courses is well under way,it would not be clear where the delivery points have to be and what type of a system would evolve out of it. Mr. Nolan said there is an inclusion in the Report by Williams, Hatfield & Stoner of the description of what they perceive the project to be; and from that description, a statement has been developed on probable construction costs.. -Those figures are essentially compatible with the figures used in the 201 Update as well as with the figures that demonstrate without any funding this is a truly economically feasible and equitable solution to the problem. The development cost of the entire project is listed in the Report as 7.97 million dollars which includes the land acquisition and construction contingency in the various phases associated with it. The Report, as stated by Mr. Nolan, lists two different funding formulas; one whereby EPA would provide the City with 550 of the funds, and the second whereby 75% of the funds would be provided. -13- 9/14/83 /rb Mr. Nolan said this Report demonstrates to the City that the projected cost of the system is truly within the guidelines established by EPA._ Thev will reimburse the City when the grant is offered for all of the costs encountered that are associated with the implementation of the system, which are the engineering and legal costs. Verbal consideration has been given by EPA that the land acquisition will also be included as grant eligible for the project. C/M Stelzer asked whether the City must pay the golf courses to perform the spray irrigation or whether the golf courses pay the City. Mr. Nolan explained that the present effluent disposal system is used only at Colony West, and at the tirhe the system was initiated, Colony West was owned by the developer._ The City has the riaht to use the Golf course and there is no cost to the City to use the golf course and there is no cost to the -golf course to use the spray irrigation. However, golf courses must obtain a water withdrawal permit from South Florida Water Management District in order to use ground waters or canal waters for irrigation purposes. South Florida Water Management District has viewed landspreading of treated wastewater effluent and they are in favor of it; and it is being practiced in Palm Beach County by a number of large utilities at the present time and on the West coast -of Florida, Mr. Nolan stated that through the regulatory powers of South Florida Water Management District, the golf courses involved will be encouraged to cooperate. C/M Stelzer questioned whether the golf courses would have to make applications and pay fees of any kind and Mr. Nolan replied that the golf courses do not pay fees but spend money on an application to be acted upon by South Florida Water Management District to provide a permit for a time frame of three to five years but included in that permit are restricted covenants that allow South Florida Water Mangement District to regulate the golf courses rather severely for water withdrawal during periods of drought. At the present time, it is not a concern as the City is not experiencing a drought period but several years ago it was a large concern for a number of the golf course operators. C/M Krantz asked whether the spray method is presently being used on both the courses at Colony West and Mr. Nolan said it is used only at Colony West and not the Executive Course. C/M Stelzer inquired as to whether the 40 acres of land mentioned by Mr. Nolan is the same 40 acres that Mr. Toll is negotiating to purchase. Mr. Nolan said there are two pieces of property involved in Land Section 7 as that Section is split by a 30 foot road right of way in an east/west and a north/south direction.: In the east/west division, there is one piece of property in the southwest portion and another piece in the southeast portion. These are both just west of the Sludge Farm. Mayor Falck stated that Council has known for a long time that this proposal would be forthcoming. Originally, there was to be a 201 Program where everything would be taken care of for the City; but unfortunately when the County had the Update study .donO,it was found that some municipalities were going to be allowed to modify their participation. The changes that were made as a result of the upgrading, meant there would,_not be a, west interceptor line that was planned for University Drive. Mayor Falck said that meant the City had to decide where to qo from there and Mr. Nolan had stated that the 4:�ternative.: would be to find ways to take our full flow down to 441, which would only be a temporary solution of the problem. The Mayor said he feels the City is on the:�right track and that funding will be granted on the basis of innovative procedures, and certainly the City's procedure is innovative. -19- 9/14/83 /rb Mayor Falck said that as indicated by Mr. Nolan, the City has gone through all the various agencies involved and momentarily final clearance is efcpected as there are no roadblocks at the present time. There were a number of meetings held during the past few years which had indicated that the City was' on the right track and that Tamarac has all that is necessary to move ahead. He said he hopes the City can qualify for the maximum grant allowances but the reason the proposal is before Council today is because the City must get busy now or will not be able to qualify for 1984 funding and the City cannot afford to wait until 1985 for funding. Mayor Falck said at this time it is his recommendation that Council, adopt a recommendation to authorize the engineers to move ahead with the preliminary work that will enable the City to file papers with the proper agencies so that by next April, the :pity'wili be in line for an allocation of funds which will eventually enable Tamarac to have the type of system needed to provide for the residents in years ahead. V/M Massaro asked Mr. Nolan whether the fees shown for preliminary design work are upset prices. Mr. Nolan stated that Williams, Hatfield & Stoner propose to do the work under the existing terms of the Agreement with the City of Tamarac -and the fees indicated are upset prices. V/M Massaro MOVED that the Mayor be authorized to select the proper officials,or himself, to follow the program outlined by Williams, Hatfield & Stoner, to begin negotiations for the forty acres of land in Land Section 7 as there are at least two portions available right now, that the Mayor authorize the party to begin negotiations with the various golf courses in order to obtain permission for the spray irrigation, and that Williams, Hatfield & Stoner be authorized, to follow the program as outlined for the preliminary work, the analysis of the engineering,land surveying, and preliminary design work, for an upset price of $182,000.00 and this amount will include the work done by Williams, Hatfield & Stoner, the work of the electrical engineers, soil tests, photography and land surveying. SECONDED by C/M Krantz. C/M Stelzer asked whether the City will be abandoning the present wastewater system when the new system is adopted and Mr. Nolan explained that the City will not as the existing wastewater plan is intended to be left intact; in fact in subsequent years, as development progresses, it will become necessary to make an addition to the Plan for approximately one million gallons of capacity. Mr. Nolan further explained that there are two systems presently in operation in Tamarac; the East system and the West system. The East system wastewater plant that services the older section of the City will be abandoned very shortly as that system moves into the central region of the County. The West system was programmed by the original 201 Plan to be phased out and in fact, the wastewater would have been treated at the Copans Road facility of the County. Subsequent studies and changes have indicated that is not the most cost effective method of dealing with wastewater generate& in Tamarac. C/M Stelzer mentioned that it would be a savings to the City if these wastewater facilities were keut and Mr. Nolan concurred. C/M Krantz questioned Mr. Nolan as to whether the 55% or the 750 figure for the EPA grant is more realistic; and Mr. Nolan replied the 75% figure would be. V/M Massaro asked if the work will be done in the innovative methods in order to obtain the 75% and Mr. Nolan said that is the plan as the intention is to obtain as much of the EPA funding as possible for the City of Tamarac. V/M Massaro questioned whether it would change things if the City would put in something additional that might be needed and Mr. Nolan said at this point it could. Mayor Falck summarized by saying that what we have been talking about all along are innovative procedures which have qualified for the larger amounts and. we want to stay with only those procedures. VOTE: ALL VOTED AYE -20- 9/14/83 COMMUNITY DEVELOPMENT 37. Tamarac Gardens - Bond Release - Temp. Reso. #2830 - Discussion and possible action to release a warranty bond posted for sanitary sewer systems. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-83- �2---? Z_PASSED City Attorney Jon Henning read the Resolution by title and V/M Massaro MOVED the adoption of Temp. Reso. #2830, releasing the warranty bond posted by Lennar Homes for sanitary sewer systems. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE THE MEETING WAS RECESSED AT 5:20. -21- 9/14/83 /rb BLANK PAGE ape Mayor Falck called the meeting to order at 7:30 P.M., Roll Call was 4 taken and all were present. PRESENTATIONS AND AWARDS 5. Legislative Wrap -Up - Presentation by Representative Titone. SYNOPSIS OF ACTION: Presentation was given by Senator Representatives Joseph Titone. Peter Weinstein and Peter Deutsch and Mayor Falck introduced Representatives Peter Deutsch and Joseph Titone and Senator Peter Weinstein to Council and the audience. Their joint presentation concerned the following: 1. A partnership that was created between the State DOT and an Expressway Authority in Broward County will build three major roads including the Deerfield Expressway which will go north to Wiles Rd. to State Road 84 and will join with the. Airport Expressway. 2. This year the Broward County Legislative Delegation appropriated over $8,000,000 to build the Florida Atlantic University campus in downtown Fort Lauderdale. 3. They were successful in getting another Drivers License office in the West Broward area. 4. In the area of Crime - they helped pass bills increasing the penalties for burglary and drunk driving. 5. A Commission was formed to change the qualifications for the County Court Judges. b. Criminals will be required to work while they are in prison. 7. Wealth care regulations were rewritten in the State of Florida stating that as of 10/1/83, it will be illegal in the State to evict someone from a nursing home. 8. In Consumer Protection - a Lemon Bill was passed which states that as of 10/1/83, if the dealer does not fix any problems, it would be possible to get a new car or your money back. 9. In condominium time sharing, you can change your mind within 30 days of signing a contract. 10. Funding has been given for a child abuse center with direct funding for Broward County as well as health rehabilitative services for District 10. 11. They voted against the budget each time until it had adequate funding for education and they will continue to fight for a State Lottery for funding education. 12. They compromised with a Unitary Business Tax which taxes foreign profits in State corporations. 13. Fought for adequate funding for teachers to receive retroactive pay increases. 1. Tamarac Police Explorer Cadets - Presentation by Mayor Falck of proclamations to Karen DiPinto, Jon Oprea and Troy Whitehead in recognition of their athletic achievements in the National Explorers Olympics. SYNOPSIS OF ACTION: Proclamations were presented. —23— 9/14/83 /pm Mayor Falck read the proclamations into the record and commended Explorer Cadets, Karen DiPinto, Jon Oprea and Troy Whitehead in recognition of their athletic achievements in the National Explorer Olympics, as well as their Director, Corporal Dave Harris. COMMUNITY DEVELOPMENT 44. Tamarac Market Place - Discussion and possible action on: aY Site Plan - Temp. Reso._#2843. b) Plat - Temp.�Reso. #2844. c) Landscape Plan d) Water & Sewer Developers Agreement e) Flow--Thru Easement - Temp. Reso. #2845. f) Request to build one-half of canal on southern portion of this property. (to be located at the southwest corner of McNab Road and Nob Hill Road). SYNOPSIS OF ACTION: RESOLUTION NO. R-83—•*7P-X PASSED. a ,b ,c and f APPROVED RESOLUTION NO. R-83—bZf4,!� PASSED. with conditions, d) APPROVED RESOLUTION NO. R-83—„71144p PASSED. as amended, e) APPROVED. C/M Kravitz questioned whether all of the monthly guaranteed revenue checks have been received and Greg Darby, representing the applicant, said these are up-to-date. He submitted two checks to the Assistant City Clerk: $21,360 - for the additional fees for the Developers Agreement to comply with the new fees for ERCs 500 - ERC Review Fees 21,860 f) V/M Massaro reviewed the site plan for this and she MOVED that the method prescribed and indicated on the plans to build a half of a canal, which will be of 40' width with the side facing the property itself. to be built and sloped according to Code and the other side will be tapered in a manner to avoid collapse of the other property which will have the half of the canal built when purchased by a new owner. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE e) Jon Henning read the Resolution.by title and V/M Massaro MOVED the adoption of Tem Reso. #2845, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE d) Jon Henning said there was a prior agreement on record and he had prepared a revised Page 7, Paragraph B, stating that -"the previous Agreement,dated October 1, 1980 and recorded in Book 9345, on Pages 534 through 546 of the public records of Broward County is specifically repealed and superseded by this Agreement". He said on Page 4, Paragraph 2, it should read "as of the effective date of this agreement", and the applicant agreed to this change. V/M Massaro MOVED APPROVAL of the Water & Sewer Developers Agreement as amended, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE a) Richard Rubin said several years ago, the prior owners of the property received approval from the City to build a shopping center similar to the design presented by this applicant. He said the property is 17.59 acres in size, is zoned partially B-3 and B-2, based upon the prior agreements with the City. He referred to Page 4 of the Development Review Status Page Sheet, which stipulated the following conditions for approval: 5 1. Approval of the Limited Waiver of parking for 900 angle handicap parking spaces. --24-- 9/ 1 4/ 8 3 /pm 2. Council to approve new Water & Sewer Agreement. 3. A1.1 prior agreements relative to this parcel of land and prior development proposals not revised by this order are still in effect. 4. Council to consider waiving seawall requirements and constructing 1/2 canal at their south property line. 5. Developer to provide temporary blanket easement for off -site drainage to be replaced with permanent easement after as-builts have been accepted by the City. If any change, must be approved by the City. 6. Council to approve landscape plan. Approval of plan should be subject to the installation of landscaping in the public medians adjacent to the property in accordance with the Beautification Committee requirement. 7. All buildings shall be constructed of harmonious materials and colors and design. 8. Canal connection on the east side of Nab Hill Rd. is temporary and permanent connection shall be constructed in the future. 9. Developer to indicate on site plan relocation of dumpster located on the west side of the future Commercial Bank to the island to the east of the bank (presently encroaches in easement). 10. Developer to indicate on site plan the relocation of the lift station from the northeast corner of the project to the north- west corner and revise the easements on the plat to reflect this relocation. The mylar of the site plan to reflect these two changes (Items 9 and 10).Submittal of revised engineering prior to permit issuance. 11. The developer has voluntarily stated that he will not permit a convenience store in the shopping center. 12. They have agreed to curb the medians on both sides and backfill it and sod it with bahia grass. V/M Massaro said the Engineering Department spoke with DOT and they agreed that the applicant could install Type D curbing on both sides and Greg Darby agreed to this. Jon Henning read the Resolution by title and V/M Massaro MOVED the APPROVAL of Temp. Reso. #2843 approving the site plan with the conditions as outlined and specifically, subject to the applicant having agreed to curb the median on both sides with backfill and sodded with bahia grass. Greg Darby agreed to this and the Motion was SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) Jon Henning read the Resolution and Richard Rubin said the City Engineer has requested a relocation of the lift station and V/M Massaro MOVED the APPROVAL of Temp Reso. #2844 subject to the plat being revised to request the relocation of the lift station from the northeast corner to the northwest corner of the project and revise the easements on the plat accordingly. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE c) V/M Massaro said this would be subject to the proper permit being taken with a fee of $4,139.81 payable at the time of application for the permit for the landscaping. She MOVED APPROVAL, SECONDED by C/M Krantz. Richard Rubin said, at the 9/12/83 meeting, the applicant agreed to increase the landscaping on the median along McNab Rd. VOTE: ALL VOTED AYE _25- 9/14/83 /pm 27. Irving Waltman, Trustee - Discussion and possible action on: a) Acceptance of Declaration of Restrictions - Temp. Res_o. #2854. b) Acceptance of a bike path easement - Temp. Reso. #2855. (the land at the northwest corner of McNab Road and University Drive less the corner parcel occupied by United Federal Savings & Loan Association). SYNOPSIS OF ACTION: a APPROVED, b APPROVED with receipt of check for $3,000 for installation of bike path in front of their property. RESOLUTION NO. R-83- o-? V-S- PASSED. RESOLUTION NO. R-83-,,.2g PASSED. a) Jon Henning read the Resolution by title and V/M Massaro said there is one amendment to this Resolution as was indicated, the building setbacks shall be a minimum of 60' along the west boundary line. She said this should read "along the south boundary line and adjacent to McNab Road and the east boundary line along University Drive". Julian Bryan, representing the petitioner, said on the east property line they are giving 40' and will then be setting back 50' additional feet from that 40'. V/M Massaro said this would be appropriate and she MOVED the APPROVAL of Temp. Reso. #2854 accepting the Declaration of Restrictions, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) Jon Henning read the Resolution by title and Richard Rubin said the City is working toward obtaining a continuous bike way along the west side of University Drive and the State DOT has granted funds to provide a portion of the money to build that bike way, provided the City receives the adequate right-of-way. He said this applicant was requested to donate 40' of land for the bike way to DOT, which he has agreed to do. He said the City received the easement which will be delivered to DOT and the City has been requesting from the applicant 8' for the specific location of the bike way in the western portion of the easement. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2855, and she presented a check to the Assistant City Clerk in the amount of $3,000 for the installation of the bike path in front of their property. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE PUBLIC HEARINGS 24. Swales - Temp. Ord. #1054 - Discussion and possible action to amend Chapter 23 of the Code to prohibit placement of certain objects within this area. Second Reading. SYNOPSIS OF ACTION: APPROVED on ORDINANCE NO. 0-83-.!57 PASSED. second and final reading provided people be given a warning on first offense. Jon Henning read the Ordinance by title and Vickie Beach, questioned what is meant by objects within this area. V/M Massaro answered primarily pyramid car stops which are prohibited by law. Mayor Falck opened and closed the public hearing and C/M Stelzer suggested the Code Enforcement Officer issue a warning citation first since there are already some areas in violation of this. Council agreed this would be appropriate and C/M Stelzer MOVED the ADOPTION of Temp. Ord. #1054 on second and final reading with the stipulation that people be given a warning on first offense. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE _26— 9/14/83 /pm 26. Special Assessment for Southgate Gardens Condominium and Cardinal Industries Temp. $#„2.8.56 - Discussion and possible action proceedwith special assessment for con- struction of an 8-inch water line along Southgate Boulevard between NW 71 Avenue and University Drive. SYNOPSIS OF ACTION: Public Hearing was held and this was TABLED to the 10/12/83 meeting. Jon Henning said Alan Ruf, Consultant City Attorney, had sent a memo suggesting that he has additional statutory requirements for this special assessment and formal action not be taken in the form of a Resolution. He said they could have a hearing but they cannot proceed. Mayor Falck opened and closed the public hearing with no response and Jim Brady, representing Cardinal Industries, referred to a Developers Agreement which was sent to the City which stated that the total cost of the installation of the easement would be a maximum of $30,000, which is the cost the other property owners must pay. He said Cardinal Industries will absorb the rest of the cost since they are putting in that portion of the 8" water line which begins at the westerly boundary of the property and proceeds about three quarters of the way to 71 Ave. He said this refers solely to the distance of 920.55' which is the condo property. Mr. Brady said the amount of $30,000 was determined based on estimates of the City Engineers as well as Cardinal Industries. The City Attorney gave the history of the project stating that at the corner of University Dr. and Southgate Blvd., on the east side, there is an Exxon station with a water line installed as required, which ended at this point. He said, proceeding east is the present Southgate Condominiums, which was built but not completed to the end of their property. Cardinal Industries is buying the eastern half of the Southgate property and it has been determined that there is a need for the continuation of this water line along Southgate Blvd. connecting the pipe that stops at the Exxon station to approximately the end of the block at 71 Ave. east. He said City staff has determined that, as a condition of approval for the site plan, the City will coordinate the construction and determine the public need and have a special assessment area if necessary to assess those property owners involved. This assessment is for the installation of the water line to connect the loop, maintain the water pressure, set up the proper fire hydrants and complete this segment of the water line as part of the development. Mr. Brady said there is an additional element to these discussions which is, if the water flow ratings at the lateral on NW 71 Ave. were sufficient to protect the Cardinal Industries property, and if they put in that portion of the 8" line which was specifically required for their site, they would be allowed to proceed with development under condition that it coordinate with the City and connect with Exxon. V/M Massaro said the Cardinal Industries project can stand on its own but the loop must be completed in order to assure that there is adequate pressure in case of fire and Mr. Brady said he concurs with this. V/M Massaro MOVED to TABLE this item for final determination to the first regular meeting in October to give the engineers and attorneys ample time to review the statutory requirements and necessary improvements. The Special Assessment for the 8" water line along Southgate Blvd. and along the south property line is to include the installation of hydrants as might be required by City Code and subject to the approval of our City Engineer and Fire Chief. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 27 - 9/14/83 /pm 25. 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 par- cel occupied by United Federal Savings & Loan Association, from B-6 (Business District) to B-1 (Neighborhood Business). Second Reading. a) Acceptance of Affidavit of Publication and Affidavit of Posting. b) Consideration of application. SYNOPSIS OF ACTION: ORDINANCE NO. 0-83-„-3 PASSED. a APPROVED, b APPROVED on T second and final reading with conditions. a) V/M Massaro MOVED the APPROVAL of the Affidavits of Publication and Posting, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) Jon Henning read the Ordinance by title and Julian Bryan said that the question of the 60' setback line along the west property line adjacent to Academy Hills, the setback line and perimeter buffer on the south property line adjacent to McNab Rd., the dedication of 40' of right-of-way, which includes the 8' bike path and an additional 40' landscape buffer that will not have parking or building structures beyond that, were all items which were discussed at the time of first reading. He said the Vice Mayor requested that they anticipate the road impact fees generated by this project at the time of platting,when it was platted through the City and then went to the County. He said they have done this under the new TRIPS analysis program but, unfortunately, they only gave him a verbal over the telephone. He said it indicated that approximately $65,000 in road contributions that would be generated from this development has been amended to approximately $90,000, based on some new costs of construction provided to them by the State DOT. He said a major portion of that estimated $90,000 is earmarked for University Dr. but none is specifically adjacent to the property in question because that is an expanded intersection that has been included with the McNab Rd. improvements. V/M Massaro said at the time of first reading on this Ordinance, the conditions of approval were the perpetual easements for a bike path, which they have furnished and the 40 foot dedication to the DOT, which they have submitted and the applicant was to furnish the City a check for $3,000 for the bike path, which they have done. She said another condition was that between the first and second reading, the fees were to be determined for the signalization and road improvement fund that will be needed because of the impact of this property. She said they are in the process of determining how to compute these fees propor.tionately and fairly to all property owners and she suggested that since the Trips studies with the County have not been completed and the petitioner agrees to pay the fees set by the City for a portion of the traffic improvements needed in the City, at the time of platting approval, the City woul.d waive that requirement subject to these conditions. She said the fee should not exceed $10,000 and Julian Bryan agreed to this. Mayor Falck opened and closed the public hearing.with no response and V/M Massaro MOVED APPROVAL of Temp. Ord. #1057 on second and final reading subject to the petitioner agreeing, and he had agreed, to pay a Traffic Improvement Fee at the time of plat approval at a fee not to exceed $10,000. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE —28— 9/14/83 /pm COMMUNITY DEVELOPMENT 41. Centra-Care Medical Center - Discussion and possible action on: a Site Plan - Temp. Reso. #_2839 b) Landscape Plan c) Water & Sewer Developers Agreement d) Water Retention Agreement e) Warranty Deed for 40-foot right-of-way on University Drive - Temp. Reso. #2840 (to be located on the east side of University Drive, north of NW 82 Street). SYNOPSIS OF ACTION: RESOLUTION NO. R-83-a? � PASSED. aT & b) APPROVED with conditions, RESOLUTION NO. R-83-o;? 3 PASSED. c) & d) APPROVED with payment of fees, e) APPROVED. e) Jon Henning read the Resolution by title and Richard Rubin said the City and County's Land Use Plan requires that prior to obtaining permits on parcels of land, all required roadway dedications are required to be recorded in public records. He said this applicant has submitted the proper right-of-way requested by the City for the additional 40' required for University Dr. and the approval of this warranty deed is the first step in obtaining site plan approval and building permits for the property. Rick Reikenis, representative of All Care Medical, who is in partnership with Centra-Care Medical Center, said the fees have all been submitted to the Engineering Department for Water Retention and Water & Sewer. V/M Massaro said there is an additional $150 needed for Water & Sewer and Mr. Reikenis said this was already submitted. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2840 APPROVING and accepting the warranty deed for the 40' right-of-way. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE d) V/M Massaro MOVED- the APPROVAL of the Water Retention Agreement and they must pay the fee of $2,047.50, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE ape c) Mr. Henning said he sees no problem 6 with this and the additional $150 needed has been paid. V/M Massaro MOVED APPROVAL of the Water & Sewer Developers Agreement. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE a) Jon Henning read the Resolution by title and Richard Rubin said —the parcel of land being proposed for All Care Medical offices is 1.35 acres in size, zoned B-6 and spec- ifically permits the use of this area for offices as intended by the applicant. He said staff recommends approval subject to Page 4 of the Development Review Status Sheet and the developer has agreed to payment of $4,348 in impact fees for the amount of additional trips generated by this new development. He said the City Engineer has also requested that the applicant submit a blanket easement for a fire hydrant required on the property and when it is located, they will submit another easement. V/M Massaro said the DOT has agreed that the developer could curb both sides of the median with Type D curbing and eliminate the gutter and instead of 18" base, they could use 12" base. V/M Massaro MOVED the APPROVAL of the site plan subject to: 1. Review to determine that all fees were received. 9/14/83 -29- - / pm 2. That they put a "Stop" sign at the entrance to University Dr. 3. Provide an easement for the hydrant to be relocated from University Dr. to the east side of the sidewalk. 4. They will install Type D curbing on both sides of median and only install 12" base. 5. This will be backfilled and sodded with bahia grass. V/M Massaro included APPROVAL of Temp. Reso. #2839 in her MOTION, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) Richard Rubin said in addition to the landscaping required by Code, the applicant has agreed to construct a 3' high berm along the western property line to provide greater screening of the parking area and staff and Beautification Committee concur in recommending approval. V/M Massaro MOVED APPROVAL of the Landscape Plan subject to their obtaining a permit before construction and paying the appropriate inspection fees. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Southgate28. ar _ Industries - Discussion and possbleactionnonAp.. _tments/Cardinal _......_._.._-_.._ a) Site Plan - Temp. Reso. #2850 b) Landscape Plan c) Water and Sewer Developers Agreement d) Water Retention Agreement e) Acceptance of Drainage Flow-Thru, Utility and Public Safety Easement - Temp. Reso. #2851 f) Acceptance of Cable Television Line Easement - Temp. Reso. #2852. g) Authorization for distribution of funds from Escrow Agmt. from Cardinal Industries - Agreement dated 8/1/83 - Agendized by Consent h) City to be furnished with recorded copy of 15' utility easement by Cardinal Industries - Agendized by Consent. SYNOPSIS OF ACTION: APPROVED - c ,d),e)& f). APPROVED with conditions - a)& b). Agendized by Consent(See Page 1). g)APPROVED with conditions h)Acknowledged by applicant. RESOLUTION NO. R-83—..2?,,c) PASSED. RESOLUTION NO. R-83-112 3/ PASSED. RESOLUTION NO. R-83-02 -- —PASSED. James Brady, representing Cardinal Industries, submitted a check to the Assistant City Clerk for $100,872. V/M Massaro said the total amount owed is $102,112.88, therefore, with the check that was submitted there was a difference of $1,240. Mr. Brady said they have a reimburse- ment under the escrow in connection with the payback of the road that amounts to $2,006, therefore, deducting the $1,240 owed, there is a balance of $766 to be reimbursed to Cardinal Industries. h) Mr. Brady said Cardinal Industries has a certified copy of this and he submitted it to Council. g) V/M Massaro said additional conditions to site plan approval would be: 1. Authorization for the escrow agent to release funds effective with the issuance of the first building permit in the following manner: - the $30,500 which was pa.id to the City to be placed in escrow account by agreement dated 8/l/83. The money, at the time of the first building permit will be disbursed in the following manner: --30- 9/14/83 /pm f) e) $ 7,115.85 - Parks and Recreation Fee 12,884.15 - Traffic Improvement Fund 8,493.98 - Toll Development Corp. - for roads they built 766.02 - to be returned to the applicant as an over- payment on the Toll Development project 1,240.00 - to be disbursed to the utility for CIAC funds. 30,500.00 Mr. Brady concurred with this disbursement and this was all the action that was necessary. Jon Henning read the Resolution by title and he said the City has the authority to regulate and control this easement, not the cable company. V/M Massaro MOVED the APPROVAL of Temp. Reso. #2852, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Jon Henning read the Resolution by title and V/M Massaro MOVED APPROVAL, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE d) Jon Henning said there is a fee for water retention in the amount of $9,224.25 and this is the revised agreement and the fee is included in the amount of the check the applicant has submitted to Council. V/M Massaro MOVED APPROVAL of the Water Retention Agreement, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE c) . V/M Massaro said this provides for 62 ERCs at $1,500 each, which is included in the check submitted by the applicant. She MOVED APPROVAL of the Water & Sewer Developers Agreement and the $1,240 that has not been paid will be deducted from the $2,006 due to them. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE a) _ Jon Henning read the Resolution by title and Richard Rubin said the applicant has received approval in July, 1983 for rezoning to permit a total of 62 dwelling units on this property. This is proposed as a rental project with an on -site manager and staff recommends approval subject to the developer's agreement to record a covenant restricting the density to 62 dwelling units in total and one-story height. The size of the parcel is 5.2 acres, the Land Use Plan permits up to 15 dwelling units per acre and this project breaks down to 12 units per acre. V/M Massaro MOVED APPROVAL of the Site Plan subject to a deed restric- tion limiting this to 62 units and not to exceed one-story height, APPROVING Temp. Reso. #2850, SECONDED by C/M Krantz. V/M Massaro questioned Mr. Brady concerning the right-of-way being sodded with bahia grass and he concurred that this would be done. VOTE: ALL VOTED AYE b) Richard Rubin said the Beautification Committee has reviewed this drawing and recommend approval. He said the developer has included an areca palm hedge along the entire south property line as requested by staff and this exceeds the minimum standards. V/M Massaro said before the landscaping can be accomplished it will be necessary to obtain a permit and the assessment for the inspection fees is $3,225.63. She MOVED APPROVAL of the Landscape P1an,SECONDED by C/M Krantz. VOTE: ALL VOTED AYE -31- 9/14/83 /pm GENERAL ADMINISTRATIVE/FINANCIAL 15. Miller & Meier - Discussion execution of a contract for proposed City facilities. SYNOPSIS OF ACTION: TABLED for further research and a Workshop Meeting. and possible action to authorize services relating to certain Jon Henning said at the last meeting steps were taken to finalize the contract with Miller & Meier. He referred Council to his letter dated 9/28/83 and a chart (See Attachment 2), and the agreement, which is a standard form agreement with some modifications. He said the first phase of the municipal complex is $300,000 and a total of approximately $500,000 for the total project. He said the City is considering the tract of land north on 88 Ave. by the fire station, for three possible buildings; a Police station, a City Hall and a Community Center. The project being discussed in the above letter is the design and construction of those 3 new buildings on that tract of land and the renovation of the existing City Hall. Mr. Henning said the renovation, which was estimated at $800,000, includes the possibility of an addition but he cautioned Council that before they finalize this agreement, there is a two year term of the agreement from the time of approval to the time of moving into the Police station. He said certain fees are fixed based on the cost of construction and it is customary for the architect's fee to be 7% of new construction and 8% of remodeling construction and re- modeling includes any new additions that might be built onto the present City Hall. He said this fee has been broken down into 5 phases which total 100/. He referred to the Chart (See Attachment 2). The first phase is the schematic design and at the conclusion of that would be payment of 15% of the total fee. Schematic design includes a site plan and rough floor plan of the buildings which also includes parking lots, trafficways, etc. The next phase will be the design/development stage. The approximate square footage, the approximate relationship in distance between buildings, height, parking lot layout, etc. of all 3 buildings should be determined at the first phase. He said the figure for the first phase is approx- imately $294,650 and the contract price includes the 5 phases of development for Part 1 only and the last 3 stages of the other 3 buildings are provided for but will not be done in the first 2 years. He said consultant fees are also included. Tape Melanie Reynolds, Charter Board member, questioned these plans since 7 she. contended that this property is park land that was given to the City but was not to be used for municipal purposes. She said there were plans made in 1974 for this purpose and she questioned what the City planned for the property they have for the proposed City Hall complex. The City Attorney said the City's legal staff and Council have researched this thoroughly and he invited anyone who might have additional information to come forward. C/M Stelzer concurred that he requested a.ny further information as well. V/M Massaro said the City does not have a complete set of plans for a complex on Commercial Blvd. She said plans were begun but stopped because this building became available at $550,000, which was reason- able. Mr. Henning said they have added to the agreement that there would be an artist's conception for the use by the City to have a better under- standing of how these buildings will appear. If there is a need for models to be constructed this will be negotiated separately and is not included in the agreement. The biggest unanticipated expense - 32 9/14/83 /pm would be if there were changes in the plans. Mr. Henning said this would be approved in 5 separate phases consecutively. He said if for some reason Council wants to change something during each phase, fees will be charged at an hourly rate for the work that needs to be done to change over and above the construction cost, this is where the expense comes in. He said consultant fees that are used for change orders will be billed to the City at their cost, therefore, the best way to control the expenses would be to be consistent as this is developed. He said there is a list on Pages 4 and 5 of the agreement of additional services. Fie said the City has added to the agreement that it can be terminated without any penalty at the end of any phase and the architect has agreed that they will appear for up to 20 hours at no extra charge to discuss this project with the community or whatever might be necessary. Mr. Henning referred to the changes that were made on the agreement: Page 1, the date will be changed from"9/14/83"to whatever appropriate date it will be. Page 3, 1.5.2 there's discussion of a AIA Document and this will have to be reviewed. Page 5, *1.7.6, they will white out the asterisk and strike the word "alternate". Page 8, Article 9 has been stricken and 10.4 has been stricken. Page 9a), at the end of the first paragraph there are a couple of typos. Instead of calling those "change orders" they will be called "authorized changes". He said "14.1" should be "14.4.1". He said they should insert "the cost of construction at owners option Page 11, second to last paragraph, says "the architect shall develop all parts of the project through schematic stage", "schematic stage" should be "design/development stage". Page lla), last line should read "8a, 9a and lla.", striking "and Exhibit A". Morton Student, resident, suggested building the Police station on 88 Avenue now and continuing plans for a municipal complex after that is accomplished. Walter Rekuc, resident, questioned whether these plans were needed at this time and suggested looking at the Plans that were submitted some time ago for a municipal complex. Craig Kenyon, representing Miller & Meier, said at this point there is not a clear understanding of what Tamarac needs for a municipal center. He said their first task is to develop that outline as part of that schematic design before even starting the site plans and floor plans. He said the schematic drawings describe all four parts needed to get the best utilization of the site and he suggested the City might stop after that phase is completed. He said the design/development phase describes the interior of the buildings, the functional layout, details the cost estimates, projects time involved, the engineering and systems required and stops short of going into technical drawings. Lou Vladem, resident, questioned the advisability of spending money on renovations of the present City Hall versus the immediate building of a new City Hall complex. Mr. Kenyan said it is impossible for any professional, without researching the project, to determine the feasibility of renovating the present,City Hall. Mr. Rekuc said a Master Plan is needed for the complete municipal complex projected. The City Attorney said the best usage of space would be to have the Community Center and City Hall located on the same site. He said he would not recommend approval without a Workshop Meeting for further input on this Tape subject. Mayor Falck said he would like to table this item for a 8 Recessed Meeting to be held on Monday, 9/19/83, 10 a.m. 16. Traffic Engineering Study - Discussion and possible action to request proposals for services in connection with trafficways circulation. SYNOPSIS OF ACTION: The City Manager and City Engineer were authorized to prepare to go to bid for the traffic engineering study needed. —33- 9/14/83 /pm Richard Rubin said he has sent Council a memo concerning three items that the City is interested in receiving traffic assistance with. 1. Studying the needs of widening University Dr. from 4 to 6 lanes 2. 64th Ave.,south of Commercial Blvd. towards Lauderhill and 44th St., where the proposed widening must be monitored to prevent over -burdening of traffic. 3. Study for the City to determine the ultimate needs for the City for traffic improvement, widening of intersections and traffic lights that have not been included in Broward County's improve- ment program. He said the last study could exceed $5,000 and he asked Council for direction as to whether this should be done with in-house consultants or to authorize staff to go to bid for this purpose. V/M Massaro MOVED that the City Manager and the City Engineer be authorized to prepare to go to bid for the traffic engineering study which is needed, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Ray Munitz, resident, questioned what plans the City has, if any, for the intersection of 57th St. & 88th Ave. V/M Massaro said the City is hopeful that they can convince the County to install a traffic light at that location rather than the concrete barriers they are proposing now. Walter Rekuc, resident, said his concern is for Section 6 which has experienced flooding due to problems along Rock Island Rd. V/M Massaro said the people in Woodlands have objected to the widening of this road. LEGAL AFFAIRS 20. Sunflower -Heath ate Litigation - Temp. Reso. #2834 - Discussion and possible action to authorize execution of a Stipulation for Settlement. SYNOPSIS OF ACTION.: APPROVED. RESOLUTION NO. R-83- ,, 26 PASSED. Jon Henning read the Resolution by title and V/M Massaro MOVED the APPROVAL of Temp. Reso. #2834, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 29. Southgate Gardens Condominium(7300 Southgate Boulevard - Dis- cussion and possible action on: a) Revised site plan for 6-foot high wood shadowbox fence along the south property line - Temp. Reso. #2609 (tabled from 2/9/83). b) Acceptance of utility easement for water purposes Reso. #2486 (tabled from 2/9/83). c) Acceptance of utility easement for sewer purposes - Temp. Reso. #2487 (tabled from 2/9/83). d) Acceptance of utility. easement for water purposes - Temp. Reso. #2853. e) Acceptance of utility easement for sewer purposes - Tem . Reso. #2858. SYNOPSIS OF ACTION: RESOLUTION NO. R-83- PASSED. APPROVED - d . RESOLUTION NO. R-83- PASSED. APPROVED with conditions - a). HELD FOR RECONVENED MEETING ON 9/19/83 - b) & c). REMOVED FROM AGENDA (See Page 1), then to be reconsidered at Reconvened Meeting on 9/19/83 - e). e) Mayor Falck said there was a MOTION from the afternoon portion of the meeting to REMOVE Item e) from the Agenda. —34— 9/14/83 /pm a) Rubin said there was a request by the owner and residents to construct a wood shadowbox fence along the south property line to provide a visual buffer from the homes in the south and the. multi -family development to the north. He said the applicant has requested that Council include in their approval permission not only to install a fence along the south property line but allow them to install a fence along their east property line separating the two developments. Jon Henning read the Resolution by title and V/M Massaro MOVED the APPROVAL of Temp. Reso. #2609 permitting a 6' high wood shadowbox fence along the south property line and the east property line as red -lined on the plan which will be submitted to the Building De- partment for their reference. This was initialed by the applicant as well. SECONDED by C/M Krantz. Max Blum, resident of Sunflower-Heathgate asked if this fence could be made of concrete and painted white instead of a wood shadowbox fence. Stephen McCann, representing Southgate Gardens, Inc. said the plans do not include that and the condominium association will have the responsibility for maintaining this fence. V/M Massaro added to her MOTION the additional conditions that the fence will be maintained in good order and kept painted or stained on both sides at all times unless precluded by the adjoining property owner. C/M Krantz said his SECOND stands. Mr. Blum suggested that there be a clearance on the bottom to assure easier maintenance of this, Richard Rubin 'suggested a clearance of 6" from the ground for this purpose and V/M Massaro added this condition to her MOTION. C/M Krantz said his SECOND stands. VOTE: ALL VOTED AYE b) Jon Henning read the Resolution by title and V/M Massaro MOVED the APPROVAL of Temp. Reso. #2486 accepting the 12' utility easement. SECONDED by C/M Krantz. Mr. McCann said they submitted a new easement under Item 29e)to update Items 29b)and 29c). d) Jon Henning read the Resolution by title and V/M Massaro MOVED the ADOPTION of T_e_mp._ Reso_ _#2853 approving the 10' utility easement for water purposes, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE V/M Massaro questioned the difference between 29b), 29c) and 29e) and Mr. McCann said 29e)includes some additional property that is not included in 29b) and 29c). V/M Massaro said Council will hold Items 29b) and 29c) and 29e) for examination by the City Engineer and discussion at the Reconvened Meeting scheduled for 9/19/83. b) V/M Massaro WITHDREW her MOTION and C/M Krantz WITHDREW his SECOND. 30. Woodmont Road Right -of -Way Vacations - Discussion and possible action on a request for partial refund of fees (tabled from 7/27/83). SYNOPSIS OF ACTION: APPROVED a refund of 150 for partial refund of fees. V/M Massaro gave a history of the request for partial refund of fees: - On 10/8/80, they had 6 vacations to be made and they, paid for one. The City approved only one and they withdrew the other five. At that time, it was $25 for each vacation. T35— 9/14/83 /pm - In 8/81, they paid for 11 vacations, totaling $275. They only brought in 10 legal descriptions and at that time there was no action by Council and staff was awaiting the other legal descrip- tions because it had been determined that the legal descriptions were incorrect. - On 2/9/83, the City raised the rates to $150 for each vacation. - On 3/l/83, they paid $50 for 2 vacations. Tape - On 3/11/83, they brought in 13 new legal descriptions for vacations. 9 At that time, of the 13 legal descriptions, 12 documents were made because 2 were incorporated into 1, those would have cost $1,950. - On 5/11/83, 12 Ordinances were passed on first reading only because 2 vacations were on 1 document, they actually owed $1,800. - On 5/13/83, they paid $150. - On 5/14/83, they paid $1,475, as Council's condition for passage of the Ordinance was to pay for the 13 vacations at the current fee, $150 per vacation. - They had paid $1,950, which the City requested and they are entitled to a refund of $150 for the 1 document that encompassed the 2 vacations on 1 document.. V/M Massaro MOVED that they be refunded $150, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 31. Montwood, Inc. - Model Sales Facility - Discussion and possible action to renew a model sales permit for Woodmont Tracts 50, 57, 60, 62, 63 and 72B pursuant to Stipulation #11. SYNOPSIS OF ACTION: APPROVED for 6 months from 9/15/83. V/M Massaro MOVED that the permit be renewed on Tracts 50, 57, 60, 62, 63, and 72B pursuant to Stipulation #11 and the conditions under which they contracted those sales permits for a period of 6 months from 9/15/83, SECONDED by C/M Krantz, VOTE: ALL VOTED AYE 32. Woodmont Maintenance Area - Discussion and possible action on: a) Acceptance of Utility and Canal Maintenance Easement - Temp. Reso. #2847. b) Vacation of a Utility and Canal Maintenance Easement - Temp. Ord. #1059. First Reading. c) Revised Stipulation regarding canal excavations - Temp. Reso. #2849. SYNOPSIS OF ACTION: a APPROVED, b APPROVED on first reading, c) TABLED to Reconvened Meeting on 9/19/83. RESOLUTION NO. R-83- I�F&6 PASSED. a) Jon Henning read the Resolution by title and V/M Massaro MOVED APPROVAL of Temp.Reso. #2847, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b) Jon Henning read the Ordinance by title and V/M Massaro said this is a new easement to replace the one the City is vacating because there are lift stations there and she MOVED the ADOPTION of Temp_.0rd. #1059 on first reading, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE c) V/M Massaro said this project has not been concluded and she MOVED to TABLE this to the Reconvened Meeting on 9/19/83, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE -36-- 9/14/83 / pm 33. Fairways III - Model Sales Facilit - Discussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. SYNOPSIS OF ACTION: TABLED to Reconvened Meeting on 9/19/83. V/M Massaro MOVED that this Item be TABLED to the Reconvened Meeting on 9/19/83 so that Mr. Kaliff can be contacted, SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE 34. Woodmont Tract 47 - Model Sales Facility - Discussion and pos- sible action to renew a model sales permit. SYNOPSIS OF ACTION: APPROVED for 6 months from 9/15/83. V/M Massaro MOVED renewal of the model sales permit for 6 months from 9/15/83, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 35. Heftler Homes - Bond Release - Tem Reso. #2828 - Discussion and possible action to release a warranty bond posted for sidewalks. SYNOPSIS OF ACTION: TABLED to Reconvened Meeting on 9/19/83. Jon Henning read the Resolution by title and V/M Massaro said the City Engineer recommends releasing the sidewalk warranty bond and she so MOVED, SECONDED by C/M Krantz. V/M Massaro said she would like more information on this and she WITHDREW her MOTION for APPROVAL and MOVED to TABLE this to the Reconvened Meeting on 9/19/83, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 36. Versailles Gardens - _Warrant_/ Bond - Temp. Reso. #2831 - Dis- cussion and possible action to release a warranty bond posted for sidewalks. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-83-Ao��<4y PASSED. V/M Massaro MOVED APPROVAL of Temp. Reso. #2831, SECONDED by C/M Krantz. —_ VOTE: ALL VOTED AYE 38. Sunniland Bank - Bond Release - Temp. Reso. #2829 - Discussion and possible action to release a performance bond posted for the parking lot addition subject to the receipt of a one-year warranty bond (tabled from 7/13/83). SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-83-,�9^ PASSED. Jon Henning read the Resolution by title and V/M Massaro MOVED the APPROVAL of Temp. Reso. #2829, subject to receipt of.a 25% warranty bond for one year, SECONDED by C/M Krantz. VOTE - ALL VOTED AYE .-37_ 9/14/83 /pm 39. Tamarac T_o_wn__Sguare - Revised Site Plan - Temp. Reso. #2838 - Discussion and possible action to approve a revised site plan for a dumpster for th:,e Golden Pagoda Restaurant. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-83- PASSED. with conditions. Jon Henning read the Resolution by title and Richard Rubin said staff would request that Council include in the motion that approval would be subject to the applicant's reconstruction of all dumpsters on that property. V/M Massaro MOVED the APPROVAL of the revised site plan subject to all dumpsters on the property being revised to meet the City Code, SECONDED by C/M Krantz. VnTF- ALL VOTED AYE 42. Northwood II - Discussion and possible action on: a Amendment to Development Agreement pertaining to drainage improvements in Westwood Community Six along the western boundary of this project - Temp. Reso. #2857. b) Disposition of the warranty bond posted for public improvements - Temp. Reso.#2837. c) Revised site plan to reflect elimination of 26-foot wide units on certain lots - Temp. Reso. #2836. SYNOPSIS OF ACTION: TABLED to the Reconvened Meeting on 9/19/83. a) Jon Henning read the Resolution by title and V/M Massaro suggested TABLING this Item to the Reconvened Meeting on 9/19/83 and no Motion was necessary. 43. Shaker Woods Village - Discussion and possible action on: a -Approval of Water and Sewer Developers Agreement for Site Plan #2. b) Acceptance of Bill of Sale for water distribution and sewage collection system improvements for Site Plans #1 and #2 - Temp. Reso. #2846. SYNOPSIS OF ACTION: TABLED to the Reconvened Meeting on 9/19/83. Council agreed to TABLE this Item to the Reconvened Meeting on 9/19/83. 45. University Community Hos ital - Tfmp. Reso._ #2826 - Discussion and possible action to accept an Easement Agreement pertaining to maintenance of a concrete fence. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-83-/ PASSED. Jon Henning read the Resolution by title and V/M Massaro MOVED APPROVAL of Temp.__Reso._#2826, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 46. Woodmont Tract 60 - Temp. Reso. #2848 - Discussion and possible action on a request from the Homeowners Association for street name changes. SYNOPSIS OF ACTION: REMOVED from the agenda.. The City Manager said Council has a memo from the City Planner indicating that no Council action was necessary. At the time of the memo's writing, he was under the impression that the post office would not approve the change of the name designation. While that in part is true, the City has since learned that the post office will allow a dual -designation and no Council action is required. -38- 9/14/83 /pm .J V/M Massaro MOVED that this Item be REMOVED from the agenda, SECONDED by C/M Krantz. vnTF- ALL VOTED AYE 47. Drainage_ Improvements in the City - Discussion and possible action. SYNOPSIS OF ACTION: The City Engineer and Public Works Director will give a report to Council concerning the drainage during the heavy rains on 8/29/83. The City Manager said on Monday, 8/29/83, there were heavy rains and a number of areas in the City that had substantial flooding. She said the City Engineer and the Public Works Director have compiled a written report of those areas that did have problems and recommendations for Council's review. She said this would be available before the next regular meeting. V/M Massaro suggested that this be examined further to determine where cleaning might be needed. 52. Resolution Condemning the Russians for Shooting Down Korean Flight 007 - Temp. Reso. #2860 — Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. See Page RESOLUTION NO. R-83-.,�4� PASSED. APPROVED. Jon Henning read the Resolution by title and V/M Massaro MOVED APPROVAL of Temp. Reso. #2860, SECONDED by 'C/M Krantz. VOTE: ALL VOTED AYE The meeting was Recessed at 11:45 P.M., to be Reconvened at 10:00 A.M. Monday, September 19, 1983, A R ATTEST: ASSISTANT CIT CLERK This public document was promulgated at a cost of $: �- � or $ 7, 7, 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. -39- 9/14/83 /pm CITY OF TAMARAC APPR y p AT MEETING Of � City Clerk Attachment #1 i .07 r�. • r r SUPPLEMENT /27 6Gx6-5300 BUS TRANSPORTATION 9/14/83 6Gx6-5300 BUS TRANSPORTATION SHALL BE LIMITED TO STUDENTS LIVING TWO (2) MILES OR MORE FROM THE SCHOOL SERVING THEIR AREA AND THOSE EXCEPTIONAL STUDENTS WHO ARE QUALIFIED BY LAW AND STATE BOARD ADMINISTRATIVE RULES TO BE TRANSPORTED. EXCEPTIONS TO THIS POLICY MAY BE GRANTED UPON RECOMMENDATIONS OF THE BOARD'S SAFETY DEPARTMENT BECAUSE OF UNUSUALLY HAZARDOUS WALKING CONDITIONS FOR CHILDREN. IN ACCORDANCE WITH FLORIDA STATUTES 234.01, 234.021, THE SCHOOL SAFETY DEPARTMENT SHALL SURVEY ANNUALLY ALL WALKING ROUTES FOR STUDENTS EN ROUTE TO AND FROM SCHOOL OR TO THE BUS STOPS. ALL MUNICIPALITIES AND/OR THE BOARD OF COUNTY COMMISSIONERS SHALL BE NOTIFIED ANNUALLY BY MAY 15 OF SPECIFIC HAZARDOUS CONDITIONS THAT EXIST, WITH A REQUEST THAT THEY BE INSPECTED AND CORRECTED PRIOR TO THE NEXT SCHOOL YEAR OR SHALL NOTIFY THE BOARD OF THE PROJECTED CORRECTION DATE. THE TRANSPORTATION DEPARTMENT, IN CONJUNCTION WITH THE SCHOOL SAFETY DEPARTMENT, SHALL ALSO SURVEY ANNUALLY ALL TRANSPORTED STUDENTS WHO RESIDE LESS THAN TWO (2) MILES FROM THEIR ASSIGNED SCHOOLS. AS A RESULT OF THESE SURVEYS, RECOMMENDATIONS SHALL BE MADE TO THE BOARD BY THE SAFETY. DEPARTMENT NOT LATER THAN JUNE 15 AS TO THOSE HAZARDOUS CONDITIONS WHICH WARRANT TRANSPORTATION OF STUDENTS OTHERWISE NOT QUALIFIED TO BE TRANSPORTED. PARENTS MAY APPEAL DIRECTLY TO THE BOARD WHEN THEIR REQUESTS FOR BUS TRANSPORTATION UNDER THE TWO-MILE LIMIT DUE TO PHYSICAL CONDITIONS CONSIDERED BY THE PARENTS TO'BE HAZARDOUS HAVE BEEN DENIED BY THE ADMINISTRATION. SUCH APPEAL SHALL BE SUBMITTED IN WRITING TO THE SUPERINTENDENT FOR PLACING ON THE BOARD AGENDA OF THE_NEXT BOARD MEETING. PARENTS OF CHILDREN WHO ARE TO BE REMOVED FROM ELIGIBILITY TO BE TRANSPORTED THE FOLLOWING YEAR DUE TO SAFETY IMPROVEMENTS OR BOUNDARY CHANGES SHALL BE NOTIFIED PRIOR TO THE END OF THE CURRENT SCHOOL YEAR. IT SHALL BE THE RESPONSIBILITY OF THE AREA SUPERINTENDENT TO PROVIDE WRITTEN NOTICE BASED ON INFORMATION PROVIDED BY THE TRANSPORTATION DEPARTIF NT. AUTHORITY: F.S. 230.22 (1) (2) Policy Adopted: 11/13/69 Policy Readopted: 9 5 4 Policy Amended: 1 =4/15/80 Rules Amended Policy Approved: 6/16/83 • The criteria to be utilized for the aforementioned recommendations shall be in strict compliance with Florida Statute 234.021 (3) Criteria for Determining Hazardous Walking Conditions To Elementary Schools. A. Walkways parallel to the road. 1. It shall be considered a hazardous walking condition with respect to .any road along which students must walk in order to walk to and from school if there is not an area at least 4 feet wide adjacent to the road,.having a surface upon which students may walk without being required to walk on the road surface. In addition, whenever the road along which students must walk is uncurbed and has a posted speed limit of 55 miles per hour, the area as described above for students to walk upon shall be set off the road by no leas than 3 feet from the edge of the road. 2. The provisions of subparagraph 1. do not apply when the road along which students must walk: a. Is in a residential area which has little or no transient traffic; b. Is a road on which the volume of traffic is less than 180 vehicles per hour, per 'direction, during the time students walk to and from school; or c. Is located in a residential area and has a posted speed limit of 30 miles per hour or less. B. Walkways perpendicular to the road. It shall be considered a hazardous walking condition with respect to any road across which students must walk in order to walk to and from school: 1. If the traffic volume on such road exceeds the rate of 360 vehicles per hour, per direction (including all lanes), during the time students walk to and from school and if the crossing site is uncontrolled. For purposes of this subsection, an "uncontrolled crossing site" is defined as an intersection or other designated crossing site where no crossing guard, traffic enforcement officer, or stop sign or other traffic control signal Is present during the timeb students walk to and from school. 2. If the total traffic volume on such road exceeds 4,000 vehicles per hour through an intersection or other crossing site controlled by a stop sign or other traffic control signal, unless crossing guards or other traffic enforcement officers are also present during the times students walk to and from school. AUTHORITY; F.S. 230.22 (1) (2) Rules Adopted: 6 16/83 - 113 - No Text