HomeMy WebLinkAbout1983-09-28 - City Commission Regular Meeting MinutesOF r�M
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P,O. BOX 25010
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, SEPTEMBER 28, 1983
CALL TO ORDER: 9:30 A.M.
ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair
at this time will announce those items which have been given a
specific time to be heard, and will entertain motions from
Council members to table those items which require research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after publication.
PRESENTATIONS
1.
Spina Bifida Association - Presentation by Vice Mayor
9/28 - Pg. 2
Massaro of a proclamation designating October, 1983, as
Proclamation
"Spina Bifida Month".
resented.
BOARDS
AND COMMITTEES
2.
Board for Social Services - Temp. Reso. #2861 - Discussion
9/28--Pg. 11
and possible action to appoint one member to this board.
ADOPTED.
Beatrice Lindenmc
3.
Investment Advisory Committee - Temp. Reso. #2862 - Dis-
9/28 - Pg. 1
cussion and possible action to appoint two members to this
TABLED to next
committee.
regular meeting.
CONSENT AGENDA
4.
Items listed under Item #4, Consent Agenda, are viewed to be
9/28 - Pg. 7
routine and the recommendation will be enacted by one motion
a) through e)
in the form listed below. There wi l l be no separate di s- r
and g) APPROVED
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)
Alan F. Ruf - Consulting City Attorney - 9/21/83 - $1,807.50
Approval recommended by City Attorney.
b)
Alan F. Ruf - Consulting City Attorney - Approval to in-
crease his hourly rate for non -court time from $50.00 to
$60.00 per hour.
c)
Muller, Mintz, Kornreich, Caldwell, Casey, Crosland &
Bramnick, P.A. - Labor Counsel - 9/7/83 - $136.50 - Approval
recommended by City Manager.
d)
Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
8/23/83 - $2,750.00 - Statement #SU-12237 - Approval re-
commended by City Engineer.
e)
Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
9/7/83 - $194.55 - Project #1113-0, Statement #86 - Approval
recommended by City Engineer.
f )
Dames & Moore - Seawall Design Criteria Consultation -
f) TABLED for
8/26/83 - $300.00 - Approval recommended by City Engineer.
more information
from City Eng.
PAGE TWO
g) Golfview Plaza - Tri-Party Agreement - Approval to extend the
tabling action to a future Council meeting.
GENERAL ADMINISTRATIVE/FINANCIAL
5. Surpl9/28 - Pg. 8_
us Equipment - Finance Department - Temp. Reso. #2863 - ADOPTED.
Discussion and possible action to declare the Computer Power
Purifier as surplus equipment and authorizing the City
Manager to seek bids for the sale thereof.
6. Utilities West - Sanitary Sewer Evaluation Survey - Dis- 9/28 - Pg. 9
cussion and possible action to authorize Williams, Hatfield APPROVED not to
& Stoner, Inc., to prepare the design work for sanitary sewer exceed $23,000.
rehabilitation.
7. Miller & Meier - Discussion and possible action to authorize 9/28 _ Pg. 14
execution of a contract for architectural services relating APPROVED in amt
to planning and construction of a proposed municipal complex of $23,940.
(tabled from 9/14/83).
9/28 - Pg. 8
8. Broward League of Cities Business,- Discussion and possible Report by c/M
action.
Kravitz.
LEGAL AFFAIRS
9. Golf Carts - Temp. Reso. #2864 - Discussion and possible
9/28 - Pg. 26
action designating certain streets in the City for condi - APPROVED.
tional golf cart use pursuant to a recent amendment to
Florida Statutes 320.
10.
Eastern Portion of Tamarac - Temp. Reso. #2865 - Discussion
9/28 _ Pg. 3
and possible action regarding proposed amendments to the
TABLED for 2
unincorporated Broward County Land Use Plan.
months.
PUBLIC HEARINGS - 2:00 P.M.
11.
Woodmont Maintenance Area - Temp. Ord. #1059 - Discussion and
9/28 - Pg. 20
APPROVED on
possible action to vacate a utility and canal maintenance
Second & Final
easement. Second Reading.
Reading..
12.
_ - 't
Rissman Development Corp. Rezoning Petitio_n#14-Z-83 - Temp/28
_ Pg. 20
Ord. #1 064 - Discussion and possible action to rezone
a) APPROVED.
Woodmont Tract 74/75 Recreation Area #2 located at the north-
b) APPROVED on
east corner of the development and on the south side of NW 78
First Reading.
Street, from R-3U (Rowhouses) to S-1 (Open Space/Recreational
First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of Mail-
ing and Affidavit of Posting.
b) Consideration of application.
13.
TNT Enterprises, Inc. - Special Exception Petition #15-Z-83 -
9/28 - Pg. 21
Temp. Reso. #2866 - Discussion and possible action to grant a
APPROVED, with
Special Exception to permit a cocktail lounge in a portion of
conditions.
Bay 37 and all of Bay 38 of Three Lakes Plaza, 3224 W.
Commercial Boulevard, which is zoned B-2 (Planned Business).
14.
Tamarac Market Place Land Trust - Limited Parking Waiver -
9/28 - Pg. 22
Petition #16-Z-83 - Temp. Reso. #2867 - Discussion and pos-
APPROVED, as
sible action to grant a limited waiver of the parking require
amended.
ments of Section 18 of the Code to permit nineteen 90° hand-
icap parking spaces at the proposed shopping plaza to be
located at the southwest corner of McNab Road and Nob Hill
Road and zoned B-2 (Planned Business) and B-3 (General
Business).
15.
Five -Year Capital Improvement Plan - Temp. Reso. #2875 - Dis-
9/28 - Pg. 23
cussion and possible action to adopt a Five -Year Capital
APPROVED, as
Improvement Plan for Fiscal Years 1983/84 through 1987/88.
amended.
PAGE THREE
COMMUNITY DEVELOPMENT
16. Concord Village - Discussion and possible action on: 9/28 - Pg. 4
a Disposition of a performance bond - Temp_. Reso. #2872. a) and b)
b) Acceptance of a Bill of Sale for water distribution and APPROVED, with
sewage collection system improvements - Temp. Reso. #2873. conditions.
17. Concord Village II Site. Plan Status Report and discussion 9/28- Pg. 4
and possible action on a request to extend approval of a site APPROVED, with
plan ( tabled from 7/27/83) . conditions.
18. Woodmont Tracts 74/75 - Discussion and possible action on:
a Water and Sewer Developers Agreement for Site Plan #5.
b) Site Plan #5 - Temp. Reso. #2870.
c) Water and Sewer Developers Agreement for Site Plan #6.
d) Site Plan #6 - Temp. Reso. #2871.
e) Drainage of jogging trail at Tamarac Park.
19. Shaker_ Woods Village - Discussion and possible action on a
Water and Sewer Developers Agreement for Site Plan #2 (tabled
from 9/14/83).
20. Patio Homes at Fairmont - Model Sales Facility - Discussion
and possible action to renew a model sales permit (tabled fro
7/27/83).
21. Family Mart Shopping Center - Revised Site Plan - Temp.__Reso
#2868 - Discussion and possible action to approve a revised
site plan for a dumpster at the Fish Kettle Restaurant.
22. Atlantic National Bank of Florida - Discussion and possible
action on:
a) Water and Sewer Developers Agreement
b) Site Plan - Temp-. Reso. #2869
c) Landscape Plan
d) Water Retention Agreement
(to be located on the north side of McNab Road, west of NW 70
Avenue).
23. Shell Service Station NW 88 Avenue and Commercial Boulevard) -
Discussion and possible action on a request to permit an
optional type wall along the westerly property line.
9/28 - Pg. 5
a) & c)APPROVED
with conditions.
b) & d)APPROVED
as amended.
c) No action
needed.
9/28 - Pg. 8
APPROVED, with
amendment to
agreement.
9/28 - Pg. 2
"TABLED for
one month.
9/28 - Pg. 12
APPROVED, with
condition.
9/28 - Pg. 6
a)&d)APPROVED.
b) APPROVED,
with conditions.
c) APPROVED,
as amended.
9/28 - Pg. 2
REMOVED from
Agenda.
24. Fairways p: - ycal n a warranty Reso.
eso . #2874 - Discussion 9/28 - Pg. 8
and os7ble action to Bond - Temp.. _ so. #
Warrant _ _
posted for public DENIED.
improvements.
9/28 - Pg. 28
25'. Colony West Country Club - Discussion and possible action on: a) TABLED to 1st
a) Traffic Light Agreement ( tabled from 9/22/82) Mtg in Dec.
b) Barricades adjacent to maintenance road ( tabled from b) TABLED to
7/27/83) . 10/12/83.
26. Colony West County Club - Discussion and possible action to:
a Rescind approval to Gary Livigne to operate a restaurant
with on -premises consumption of alcoholic beverages.
b) to approve Colony West Country Club, Inc. to operate a
restaurant with on -premises consumption of alcoholic
beverages.
27. Draina e Improvements in the Cit - Discussion and possible
action.
REPORTS
28. City Council
29. City Manager
30. City Attorney
9/28 - Pg. 2
REMOVED from
Agenda.
9/28 - Pg. 9
Rept. by city
Engineer and
Discussion.
9/28 - Pg. 12
Reports riven.
9/28 - Pg. 29
No_ Report. Y�
9/28 - Pg. 29
No Report.
PAGE FOUR
City Council may consider such other business as may come before
it.
Pursuant to Section 286.0105, Florida Statutes, if a person.
decides to appeal any decision made by the City Council with
respect to any matter considered at such meeting or hearing,
he will need a record of the proceedings, and for such purpose
he may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon
which the appeal is based.
CITY OF TAMARAC
Carol A. Evans
Assistant City Clerk
SPECIAL MEETING AND PUBLIC HEARINGS
Monday, 9/26/83 - 10:00 a.m.
1:00 p.m..
7:00 p.m
- Special Meeting
- Utilities East Budget (Second
Reading)
- Utilities West Budget (Second
Reading)
Special Funds Budgets (Second
Reading)
- Federal Revenue Sharing Funds
(First Reading)
- Mi 1 1 age
- General Fund Budget (Second
Reading)
Following are the residential and commercial zoning districts in
,the C i ty :
R-1
9-1B &
R-1C
R-2
RD-7
R-3U
R-3
RM-5
RM-10
R-4A
R-S
B-1
- Single Family Residence
- One -Family Dwelling
- Two -Family Dwelling
- Two -Family Dwelling
- Row House
- Low Density Multiple Dwelling
- Residential Multi -family
Dwelling
- Planned Apartment
- Planned Apartment
- Motel/Hotel
- Neighborhood Business
B-2 -
Planned Community Business
8-3 -
General Business
B-5 -
Limited Business District
B-6 -
Business District
S-1 -
Open Space/Recreational
I-1 -
Institutional
M-1 -
Light Industrial
M-2 -
Medium Industrial
A-1 -
Limited Agricultural
A-5 -
Agricultural/Excavation
T-1 -
Trailer Park District
PAGE FIVE
31. UTA Cable Franchise - Temp. Ord. #1056 --- Discussion and possible action 9/28 - Pg. 24
to grant a non-exclusive franchise for a community ant enn k elevision system APPROVED on
for a service area in the City located west of University Drive. Second Second & Final
Reading (Public Hearing held 7/27/83) (Tabled from 9/26/83). Reading.
32. Kings Point Recreation Complex - Discussion and possible action on: 9/28 - Pg. 25
a) Revised site plan for cable facilities -- Temp._ Reso. #2806. APPROVED.
b) Revised landscape plan
c) Revised Water and Sewer Agreement (tabled from 9/26/83).
33. Golden Pagoda - Tamarac Town Square - Discussion and possible action to 9/28 - Pg. 11
approve a temporary sixty-day Certificate of Occupancy. APPROVED, with
condition.
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
SEPTEMBER 28, 1983
ape CALL TO ORDER: Vice Mayor Helen Massaro called the meeting to order on Wednesday,
1 September 28, 1983, at 9:30 A.M. in the Council Chambers.
ROLL CALL: PRESENT: Vice Mayor Helen Massaro
Councilman Philip B. Kravitz
Councilman David E. Krantz
Councilman Jack Stelzer
ABSENT AND EXCUSED: Mayor Walter W. Falck
ALSO PRESENT: Laura Z. Stuurmans, City Manager
Jon M. Henning, City Attorney
Carol A. Evans, Assistant City Clerk
Patricia Marcurio, Secretary
MEDITATION AND PLEDGE OF ALLEGIANCE: Vice Mayor Massaro called for a Moment of
Silent Meditation followed by the Pledge of Allegiance.
V/M Massaro greeted everyone present and reviewed the schedule for specific items
on the agenda. She referred to.a;/memo from the Mayor in which he asked her to
remind all present that the next regular meeting is scheduled for Wednesday,
10/12/83 at 3:00 P.M., it will be recessed at 5:00 P.M. and will reconvene at
7:30 P.M.
31. UTA Cable Franchise - Tem . Ord. #1056 - Discussion and possible
action. Second Reading.
SYNOPSIS OF ACTION: Agendized by Consent. (See Pages 22 & 23).
C/M Kravitz MOVED that the UTA Cable Franchise, Temp. Ord. #1056 be
Agendized by Consent, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
32. Kings Point Recreation Complex - Discussion and possible action on:
a Revised Site Plan - Temp. Reso_. #_2806
b) Landscape Plan
c) Water and Sewer Developers Agreement
SYNOPSIS OF ACTION: Agendized by Consent.
(See pages 23 & 24).
C/M Krantz MOVED to Agendize by Consent, Kings Point Recreation Complex,
SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
3. n appoint two members tonacti.o.... to a n
Advisory Committee - Temp_. Resa. #2862 - Discussion and
possible
this cammi ttee.
SYNOPSIS OF ACTION: TABLED to
the next regular meeting.
C/M Krantz said Council has received a memo from the City Manager
requesting this item be tabled as requested by the Mayor and he MOVED
to TABLE this item to the next regular meeting, SECONDED by C/M Stelzer.
VOTE:
ALL VOTED AYE
9/28/83
/pm
23. Shell Service Station NW 88 Avenue and Commercial Boulevard) -
Discussion and possible action on a request to permit an optional
type wall along the westerly property line.
SYNOPSIS OF ACTION: REMOVED from the Agenda
at the request of the applicant as the originally
proposed wall will be built.
C/M Krantz said Council has received a memo from Carol Evans, Assistant
City Clerk,requesting this be removed from the agenda at the request
of the applicant as the originally proposed wall will be built,
and he so MOVED, SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
20. Patio Homes at Fairmont - Model Sales Facility - Discussion and
possible action to renew a model sales permit (tabled from 7/27/83).
SYNOPSIS OF ACTION: TABLED at the
request of Gene Toll for one month.
C/M Krantz said Council has received a communication from Mr. Gene Toll
of Toll Development requesting that this item be TABLED for one month,
and ho'so MOVED, SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
26. Colony West County Club - Discussion and possible action to:
a Rescind approval to Gary Livigne to operate a restaurant with
on --premises consumption of alcoholic beverages.
b) to approve Colony West Country Club; Inc. to operate a
restaurant with on -premises consumption of alcoholic beverages.
SYNOPSIS OF ACTION: REMOVED from
the agenda.
V/M Massaro said she has a request from Rosalind Combs, President of
the Colony West Country Club,to remove this item from the agenda, so
that the original approval to Gary Livigne would stand. C/M Kravitz
MOVED that Item 26 be REMOVED from the agenda, SECONDED by C/M Krantz.
vn7F-
ALL VOTED AYE
33. action to issue a temporao�nu
Golden Pagoda Tamarac_ T are - Discussion and possible
g
Certificate of Occupancy for 60 days
contingent upon revising all the dumpsters.
'3YNOPSIS OF ACTION: Agendized by Consent.
See Pagell).
C/M Krantz MOVED that this Item be Agendized by Consent, SECONDED by
C/M Stelzer.
VOTE:
PRESENTATIONS
ALL VOTED AYE
1. Spina Bifida Association - Presentation by Vice Mayor Massaro of
a proclamation designating October, 1983, as "Spina Bifida Month".
SYNOPSIS OF ACTION: Proclamation was
presented to Christine Lockhart, representative
Of the Spina Bifida Association.
- 2 - 9/28/83
/pm
V/M Massaro read the proclamation into the record and presented same
to Christine Lockhart, representative of the Spina Bifida Association.
BOARDS AND .COMMITTEES
2. Board for Social Services - Temp. R_eso. #2861 - Discussion and
possible action to appoint one member to this board.
SYNOPSIS OF ACTION: TABLED to
the next regular meeting. (See
Page 11).
Jon Henning read the Resolution by title and C/M Krantz said, as
liaison to this board, they have not received another application
for membership. He said they now have 8 active members in addition
to 7 members who man the telephone on a daily basis. He said there
are also many drivers of the vans and cars and he said the board could
function well without another member and he MOVED to TABLE this to the
next regular meeting, SECONDED by C/M Kravitz.
VOTE:
LEGAL AFFAIRS
ALL VOTED AYE
10. Eastern Portion of Tamarac - Temp. Reso. #2865 - Discussion and
possible action regarding proposed amendments to the unincorpor-
ated Broward County Land Use Plan.
SYNOPSIS OF ACTION: City Planner's
recommendations to be followed, and
then TABLED for 2 months with the City
Planner to meet with those involved.
C/M Stelzer read the Resolution by title and Richard Rubin said that
Broward County is now processing two applications on the Gold Coast
School property that would change over 60% of the land from Community
Facilities classification to an Industrial classification. The City
has two concerns, first that area is inTamarac's annexation reserve area
and someday the City would like to have that area in Tamarac. Further,
he said, although it is not required, the City was not notified of this
and is not aware of what is being proposed for this property. Secondly,
the residential area to the east is of concern to the City. He said
the Resolution requests the County to, in effect, deny the application
because the City has not had time to review it. He said since the
Resolution was prepared, he met with the County Planners and they
said it would be approximately two months before a final decision is
made and they questioned the City's recommendations if they had timeto
review this.
Mr. Rubin said, therefore, he would suggest instead of sending this
Resolution to the County, the City meet with the owners of the property
and the Planning Department to review the proposal and advise Council
if the Industrial classification is proper or not and then inform the
County of the City's findings. V/M Massaro said the recommendation has
a lot of merit and the MOTION should be to follow the City Planner's
recommendation and that the Planning Department discuss this with those
involved and TABLE any action until a report is received from them.
C/M Kravitz so MOVED to TABLE to a future date within two months,
SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
- 3 - 9/28/83
/pm
COMMUNITY DEVELOPMENT
16. Concord Villa e - Discussion and possible action on:
a Disposition of a performance bond - Temp. Reso_. #2872
b) Acceptance of a Bill of Sale for water distribution and
sewage collection system improvements - Temp. Reso. #2873
SYNOPSIS OF ACTION: RESOLUTION NO. R-83-r? O PASSED.
a and b) APPROVED with conditions. RESOLUTION NO. R-83- PASSED.
a) Jon Henning read the Resolution by title and V/M Massaro said the
check has been received for $4,279.25 and the release of the per-
formance bond is subject to receipt of a warranty bond in the amount
of $28,831.80. C/M Krantz MOVED APPROVAL of Temp. Reso. #2872 per-
taining to disposition of a performance bond posted -by University
Housing Corp. subject to receipt of a warranty bond in the amount of
$28,831.80, SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
b) Jon. Henning read the Resolution by title and V/M Massaro said the
Bill of Sale was received yesterday and the City Engineer has approved
it. Mr. Henning suggested adding a footnote to Exhibit A, "as filed
with the City Engineer, City of Tamarac". V/M Massaro said it should
be noted that the as -built drawings have been reviewed and accepted.
C/M Kravitz MOVED APPROVAL of Temp. Reso. #2873,which will be filed
with the City Engineer and subject to review upon his recommendation.
Mr. Henning recommended an amendment to the title, striking"HLR, Inc."
and providing "University Housing Corp.". C/M Kravitz included this
in his MOTION, subject to the City Engineer's approval of the as -built
drawings. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
17. Concord Village -II Site Plan - Discussion and possible action
on a request to extend approval of a site plan (tabled from
7/27/83).
SYNOPSIS OF ACTION: APPROVED.
with conditions.
Julian Bryan, representing the applicant, said this item reads Concord
Village as does the previous item, however, neither HLR, Inc. nor
Harlon have anything to do with this since it now belongs to Shell
Oil Co. who has been paying the water and sewer fees monthly. He
said there has been some correspondence received from Shell's counsel
regarding the request for a covenant on the low cost subsidized housing
which stated that they could not do this because of their status as
a national corporation. V/M Massaro said they have paid a total of
$242,101.74 in guaranteed revenues and other fees and this property
is so expensive it is not possible it could be used for low-cost
housing. She referred to the additional final Engineering approval
comments of 7/6/82 (See Attachment 1).
Jon Henning said since the request was made within a year of the earlier
extension, there is no problem with having their rights reserved to go
Tape through the procedure to renew this site plan. C/M Kravitz expressed
2 his concern that Council did not receive complete backup information
sooner and he MOVED to TABLE this Item for further consideration.
The MOTION died for lack of a SECOND. C/M Stelzer MOVED to extend the
APPROVAL of the site plan for one year from the expiration date subject
to the items on Attachment 1 which are in addition to what was on the
site plan before. Julian Bryan, representing the applicant, concurred
with the items as outlined on Attachment 1. The MOTION was SECONDED
by C/M Krantz.
VOTE: ALL VOTED AYE
- 4 - 9/28/83
/pm
18. Woodmont Tracts 74/75 - Discussion and possible action on:
a Water and Sewer Developers Agreement for Site Plan #5.
b) Site Plan #5 - Temk.�Reso. #2870
c) Water and Sewer Developers Agreement for Site Plan #6.
d) Site Plan #6 - Tem . Reso. #2871
e) Drainage of jogging trail at Tamarac Park.
SYNOPSIS OF ACTION: RESOLUTION NO. R-83-_Z ? PASSED.
a & c APPROVED with conditions, RESOLUTION NO. R-83-4? R PASSED.
b) & d) APPROVED as amended and
conditioned,
e) No action needed.
b) Julian Bryan, representative of the applicant, submitted the following
checks to the Assistant City Clerk:
$28,652.00 - Site Plan #5 Water & Sewer contribution fee
500.00 - ERC Review fee for Site Plan #5
Mr. Bryan said for the record that the portion of CIAC fees that is
due to Marmon has been paid. Mr. Henning said for the record he has
given a revised Exhibit D to the Clerk which has not changed the
substance but has more detail and -the applicant has agreed to this.
Jon Henning read the Resolution by title and Richard Rubin said 3 years
ago Council approved the plat for Bonaire project consisting of 840
homes. He said the developer chose to build it in stages as the
market dictates, and Site Plan #5 is for a continuation of the town-
house portion of the development consisting of 29 dwelling units.
He referred to Page 4 of the Development Review Status Sheet which
were the conditions of Planning Commission approval. He said they
include providing the City with a mylar showing traffic flow arrows
and show"West BonAire Blvd."name on the site plan.
V/M Massaro questioned why the walk was asphalt instead of concrete
and Mr. Bryan said it is intended for a jogging trail. Mr. Bryan
stated that all walks are to be 4' wide and all walks along the units
are concrete and 4' wide. Mr. Bryan initialled this on the site plan.
Krantz MOVED APPROVAL of Tem Res 'p o. #2870 issuing a Development
Order for the Woodmont TR 74/75 Site Plan #5,—as amended and red -lined,
SECONDED by C/M Stelzer.
VOTE:
ALL VOTED AYE
a) V/M Massaro said this has been reviewed by staff and is in order,
C/M Krantz MOVED APPROVAL of the Water & Sewer Developers Agreement
for Site Plan #5, SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
d) Jon Henning read the Resolution by title and Mr. Bryan submitted the
following checks to the Assistant City Clerk:
$45,682.00 - CIAC charges
500.00 - Engineering Review fee
Mr. Bryan said this is a continuation of the Garden Apartment or Condo-
minium living units in Bonaire, they are 3 story buildings that contain
21 units each and there is a total of 84 units. Mr. Bryan said this
also needs the name"West BonAire Blvd." added and V/M Massaro said
on the pool and cabana area the plan should show a 4' high fence.
Mr. Bryan said he would add a note to the site plan and initial it.
V/M Massaro requested the 4' asphalt walk shown on NW 80 Ave. be concrete
and Mr. Bryan revised and initialed the plan. C/M Krantz
MOVED APPROVAL of Temp. Reso. #2871 issuing a Development Order for
the Woodmont TR 74/75, Site Plan #6, as amended and red -lined on the
plan including the conditions specified on the Development Review Status
Sheet, Page 4:
1. to submit a mylar after Council approval
2. to show the traffic flow arrows
3. show West BonAire Blvd. name on site plan
4. show elevation of adjacent roadway
5. show all fire hydrants
6. fence around pool and patio
7. 4' concrete sidewalk on 80 Ave.
- 5 - 9/28/83
/pm
The MOTION was SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
c) V/M Massaro said the check has been submitted for the review in the
amount of $500 and a check for $45,682 for the CIAO payments and she
requested approval be subject to determination that the Marmon Corp.
has received their portion of the CIAC monies before a building permit
can be issued. C/M Krantz MOVED APPROVAL of the Water and Sewer
Developers Agreement subject to the Marmon Corp. receiving their
portion of the CIAC monies before a building permit can be issued.
SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
e) V/M Massaro said the City Engineers have discussed this with Mr.
Rissman and he has indicated that he did not have any objection to a
ditch being dug across his property to the canal so that area can
drain. He has indicated that when he puts his lines in he would
have no objection to the City cutting into those lines to make a
Permanent drainage connection. Julian Bryan said Mr. Rissman has
approved this and V/M Massaro asked Mr. Bryan to request an indication
of this agreement from Mr. Rissman. Joe D'Amore, representing the
applicant, said Mr. Rissman is waiting for a sketch or drawing from
the City to indicate what they would like to do there. Mr. D'Amore
said at the present time, they do not actually own Tract 74/75, this
is handled by Steve Epple of Montwood, however, they spoke with him
and he has no objection.
22. Atlantic National Bank of Florida - Discussion and possible
action on:
a) Water and Sewer Developers Agreement
b) Site Plan - Temp. Reso. #2869
c) Landscape Plan
d) Water Retention Agreement
(to be located on the north side of McNab Road, west of NW 70
Avenue).
SYNOPSIS OF ACTION:
a & d APPROVED, b) APPROVED with
conditions, c) APPROVED as amended.
RESOLUTION NO. R-83-p? %' PASSED
Mr. Lapham, Vice President of Atlantic National Bank,presented the
following checks to the Assistant City Clerk:
$1,995.00 - Drainage Retention Fee
148.50 - Drainage Improvement Fee
5,212.50 - Water & Sewer fee
4,348.00 - Traffic Improvement Contribution fee
a) Richard Rubin said the building is 2100 square feet with 5 drive-in
teller windows on McNab Rd. just east of Family Mart and west of
Mason's Funeral Home. He said both staff and the Planning Commission
recommend approval and he referred to Page 4 of the Development Review
Status Sheet. V/M Massaro asked Mr. Lapham if the enclosure around
the equipment attached to the structural members is an integral part
of the building itself. Mr. Lapham said it is a structural component
of the building. V/M Massaro said this indicates, therefore, that
this is an outside wall as was ruled by the Chief Building Official.
She cautioned Mr. Lapham not to connect his smoke and heat detector
system to the burglar alarm system because it can cause false alarms.
She said the engineering and landscape fees will be payable at the
time of building permit. Jon Henning read the Resolution by title and
C/M Krantz MOVED APPROVAL of Temp. Reso. #2869 issuing a Development
Order, including all items listed on Page 4 of the Development Review
Status Sheet which are:
1. Approval of the Water & Sewer Agreement by Council.
2. Approval of Water Retention Agreement by Council.
3. Dedication of traffic impact fee. Developer has agreed to pay
$4,348 to satisfy the City's traffic improvement requirements, if
actual "trips run" is found to be less, developer will request
reimbursement of difference.
- 6 - 9/28/83
/pm
4. Approval of landscape plan.
5. Council to determine if Planning Commission interpretation that
the mechanical equipment enclosure, as presently designed, does
not conform with City Code..
6. Provide double striping at all parking spaces.
7. Applicant has voluntarily agreed to provide heat and smoke detectors
directly wired to a proprietary alarm system. This will not be
connected to the Burglar Alarm System.
8. It has been determined that the wall enclosing the air conditioner
is an outside wall.
V/M Massaro asked Mr. Lapham if there would be any exposed fans there
and he said no. C/M Stelzer SECONDED the MOTION.
VOTE: ALL VOTED AYE
a) Jon Henning said he recommends approval and C/M Krantz so MOVED,
SECONDED by C/M Stelzer.
VOTF-
ALL VOTED AYE
c) C/M Krantz MOVED APPROVAL of the Landscape Plan as amended on the plan
before Council, SECONDED by C/M Stelzer. V/M Massaro reminded Mr.
Lapham that the fees for inspection must be paid when a permit is
Tape applied for.
3
vnTF:
ALL VOTED AYE
d) C/M Krantz MOVED APPROVAL of the Water Retention Agreement since the
fee of $1,995 has been paid. SECONDED. by C/M Stelzer.
VOTE: ALL VOTED AYE
CONSENT AGENDA
4. Consent Agenda
a Alan F. Ruf - Consulting City Attorney - 9/21/83 - $1,807.50 -
Approval recommended by City Attorney.
b) Alan F. Ruf - Consulting City Attorney - Approval to increase
his hourly rate for non -court time from $50.00 to $60.00 per hour.
c) Muller, Mintz, Kornreich, Caldwell, Casey, Crosland & Bramnick,
P.A. - Labor Counsel - 9/7/83 - $136.50 - Approval recommended
by City Manager.
d) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
8/23/83 - $2,750.00 - Statement #SU-12237 - Approval recommended
by City Engineer.
e) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
9/7/83 - $194.55.- Project #1113-0, Statement #86 - Approval
recommended by City Engineer.
f) Dames & Moore - Seawall Design Criteria Consultation - 8/26/83 -
$300.00 - Approval recommended by City Engineer.
g) Golfview Plaza - Tri-Party Agreement - Approval to extend the
tabling action to a future Council meeting.
SYNOPSIS OF ACTION: APPROVED Items a)
through e and g , f) TABLED for more
information from City Engineer.
V/M Massaro requested that Item f) be removed for discussion and C/M
Kravitz MOVED APPROVAL of Items a) through e) and g), SECONDED by C/M
Stelzer.
VOTE:
ALL VOTED AYE
V/M Massaro suggested TABLING Item f) for more information from the City
Engineer and C/M Kravitz so MOVED, SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
- 7 -
9/28/83
/pm
GENERAL ADMINISTRATIVE/FINANCIAL
5. Surplus Equipment - Finance Department - Temp. Reso. #2863 -
Discussion and possible action to declare the Computer Power
Purifier as surplus equipment and authorizing the City Manager
to seek bids for the sale thereof.
SYNOPSIS OF ACTION: The Computer
Power Purifier was declared surplus
and the City Manager was authorized
to seek bids for the sale.
RESOLUTION NO. R-83-e& 3 PASSED.
Jon Henning read the Resolution by title and the City Manager said
the power purifier was a utilitarian device for the former computer
system and is no longer functional with the new computer system,
therefore, it is obsolete. C/M Krantz MOVED APPROVAL of Temp. Reso.
#2863 authorizing the City Manager to seek bids for the sale of the
Computer Power Purifier. SECONDED by C/M Stelzer.
VOTE:
ALL VOTED AYE
8. Broward League of Cities Business - Discussion and possible action.
SYNOPSIS OF ACTION
C/M Kravitz.
Report by
C/M Kravitz said they received a memo dated 9/19/83 from Kurt Volker
listing the.workshops scheduled for 10/6/83, which affect. Tamarac,
and others.. He said there will be a meeting next month in Kissimmee
and a full report will be given to Council members after that meeting.
COMMUNITY DEVELOPMENT
19. Shaker Woods Village
and Sewer Developers
9/14/83).
SYNOPSIS OF ACTION: APPROVED
the Water and Sewer Developers
Agreement as amended.
- Discussion and possible action on a Water
Agreement for Site Plan #2 (tabled from
C/M Krantz MOVED APPROVAL of the Water and Sewer Developers Agreement
for Site Plan #2 since the check for $1,280 has been received. The
City Manager said for the record, on Page 3 of the Agreement, under
the contribution charge, the amount of Non -Residential should be
reflected from $525 to $555 per and the dollar figure will now be
$65,280 in lieu of the amount of $64,000 previously reflected.
SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
24. fairways III - Warrant Bond - Temp. Reso. #2874 - Discussion
and possible action to call a warranty bond posted for public
improvements.
SYNOPSIS OF ACTION: Temp. Reso. #2874
DENIED since the Letter of Credit has
been extended to 10/31/83.
Jon Henning read the Resolution by title and V/M Massaro said a mail-
gram was received from Mr. Kaliff just a few minutes ago which referred
to Fairways III, Letter of Credit #NBR408 in the amount of $5,000. Mr.
Kaliff advised that the expiration date has been extended to 10/31/83
and all other terms and conditions remain unchanged. V/M Massaro said
it would be in order that the bond be extended and that the work be
completed before 10/31/83.
- 8 - 9/28/83
/pm
C/M Krantz MOVED that Temp_. Reso. #2874, authorizing appropriate City
officials to cal la performance bond, be DENIED on the strength of
the mailagram from the bank. SECONDED by C/M Stelzer.
VOTE:
ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
6. Utilities West - Sanitary Sewer Evaluation Survey - Discussion
and possible action to authorize Williams, Hatfield & Stoner,
Inc., to prepare the design work for sanitary sewer rehabilitation.
SYNOPSIS OF ACTION: Williams, Hatfield
& Stoner, Inc. was authorized to prepare
the design work for sanitary sewer rehab-
ilitation as presented by the City Engineer,
in an amount not to exceed $23,000.
Larry Keating, City Engineer, said the sanitary sewer rehabilitation
program is partially funded by EPA and allows the City to physically
evaluate the condition of the gravity/sewage collection system in
the City. He said the City, through EPA funds to date, has completed
the first portion of the project, which means all of the major areas
of the system have been identified which are leaking and creating
excess flow in the system. He said Step 2 is the design, which is
being requested for authorization for $23,000 and Step 3, which is
the actual construction to eliminate the leaks in the system. He
said the Step 3 Grant, which the City would receive from the EPA,
would partially reimburse the design expenditure that the City is
asking for at this point. He said he spoke this morning with Williams
Hatfield & Stoner to confirm their opinion that the City has a good
chance to receive a Grant from EPA and they agreed.
Mr. Keating said the approximate project cost is in the area of
$250,000 of which they would fund 55%. He said Tamarac is currently
ranked 26th on the list of Grants, however, in order to actually receive
a Grant, all of the work must be done on time; In order for the City
to be eligible for a Grant, this design must be completed by 12/15/83
and submitted to DER. He said they speculate it will take 60 days to
complete so in order to complete it by that time, the City needs to
authorize them as soon as possible. He said Tamarac stands a chance
to receive a Grant because other communities will not be ready and
there will be approximately $30,000,000 worth of project Grant money
available. He said it is imperative that the City maintain their
status of eligibility. Mr. Keating said the $23,000 is a lump sum
contract which means there will be no additional costs. C/M Krantz
MOVED that Williams, Hatfield & Stoner, Inc. be authorized to prepare
the design work for the sanitary sewer rehabilitation as presented by
the City Engineer, not to exceed $23,000. SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
27.
Drainage _Improvements _in_the-City - Discussion and possible
__.
SYNOPSIS OF ACTION: Problem flood areas
after the 8/29/83 rain were discussed.
The City Engineer said the City Manager requested, after the heavy rain
on 8/29/83, that they try and identify those remaining areas in the
City that have the worst flooding problems. He said they have completed
a list and they have identified two areas that require further work in
the immediate future. One area is in Mainlands 7 in the eastern portion
where there are short outfall runs from 58th St. to the canal on Sabal
Palm Golf Course. He said the Public Works Department will probably be
- 9 - 9/28/83
/pm
able to work with them to install those lines. The other area that
is being studied is in the Woodlands in the Norfolk Island Pine area.
They are planning to do a layout for design of what improvements might
be needed in that system and contacts will need to be made to obtain
any easements that may be needed. C/M Kravitz said he has received
requests seeking relief at Norfolk Island Pine and Queen Palm area.
C/M Stelzer asked the City Engineer if he reviewed the Brookwood Blvd.
section from Commercial Blvd. to McNab Rd. and Mr. Keating said yes.
He said there is one area around 58th St. that is a problem area.
The maintenance of the pipe lines is the first thing that must be
assured before they recommend new construction and Public Works has
been having problems with the jet vac which has caused the delay in
cleaning those pipes. Mr. Keating said they will check with Public
Works further on this.
The City Manager said that while the 8/29 rain was unusually heavy,
there has been work that had been performed by the cable or telephone
company that went across 70th Ave. at 58th that might have caused debris
to accumulate and cause this problem. V/M Massaro said she received
a complaint concerning 7000 NW 76 Dr. and she questioned whether the
City is careful that the compaction is monitored after a repair is
made on broken lines. She said there was a break in the water pipe
and now there is a valley there and Mr. Keating said he would check
into this further.
V/M Massaro said a problem also existed at Tamarac Professional Plaza
and Mr. Keating said he would check into this as well. V/M Massaro
questioned the situation in Section 7 and Mr. Keating said he will
meet with the Public Works Director concerning this. He said he is
laying out a preliminary plan in Woodlands to identify if any easements
are required.
V/M MASSARO RECESSED'THE MEETING FOR LUNCH UNTIL 1:30 P.M.
- 10 - 9/28/83
/pm
Tape
4
V/M Massaro called the meeting to order at 1:30 P.M.
ROLL CALL:
PRESENT: V/M Massaro
C/M Kravitz
C/M Krantz
C/M Stelzer
Mayor Falck was absent
BOARDS AND COMMITTEES
and excused.
2. Board for Social. Services - Temp. Reso. #2861 - Discussion
and possible action to appoint one member to this board.
SYNOPSIS OF ACTION: TABLED RESOLUTION NO. R-83-r2G PASSED
(See Page 3). Reconsidered and
APPROVED appointment of Mrs.
Beatres Lindenman, with term to
expire on 5/11/84.
V/M Massaro stated this item had previously been tabled. C/M Krantz
said he would MOVE that Item #2 appointing a member to the Board
of Social Service be removed from tabling action. SECONDED by
C/M Kravitz.
VOTE: ALL VOTED AYE
V/M Massaro said Temp. Reso. #2861.had been read into the record.
C/M Krantz said he was in contact with Mrs. Beatres Lindenman
lunch hour and she was happy to be considered for the appointment
and would accordingly MOVE that Temp. Reso. #2861 be approved,
appointing Mrs. Beatres Lindenman to the Board for Social Services,
with a term to expire on May 11, 1984. SECONDED by C/M Stelzer.
V/M Massaro asked whether May 11 is the expiration date for the
terms of the other members of this board; and C/M Krantz said it is.
VOTE: ALL VOTED AYE
33. Golden Pagoda - Tamarac Town S uare - Discussion and possible
action to approve a temporary sixty-day Certificate of Occupancy.
SYNOPSIS OF ACTION: Agendized by
Consent on Page 2. APPROVED with
condition that this dumpster and
all others conform with City Code.
V/M Massaro said she received a memorandum this morning from the
Chief Building Official granting permission for a temporary.
sixty-day Certificate of Occupancy to the Golden Pagoda. She said
a notation will be made on the temporary C.O. to the effect that
if all dumpsters are not in conformance with City Code, Golden
Pagoda will be required to vacate the premises.
C/M Krantz MOVED that the Golden Pagoda at Tamarac Town Square
be permitted a temporary Certificate of Occupancy depending upon
the installation of the new dumpster to comply with code and the
rest of the Tamarac Town Square Shopping Center. SECONDED by
C/M Kravitz.
C/M Stelzer asked whether the temporary Certificate of Occupancy
would have to be lifted before requesting Golden Pagoda to vacate
the premises.
V/M Massaro requested that the maker of the Motion incorporate
the time period of sixty days, as indicated by the Chief Building
Official, into the Motion;and C/M Krantz said he would amend
his Motion accordingly. Amendment accepted by C/M Kravitz.
VOTE:
ALL VOTED AYE
V/M Massaro suggested the City Manager inform the Chief Building
Official that Council has approved the temporary sixty-day
Certificate of Occupancy; and the City Manager said this will be
done.
-11- 9/28/83
/rb
COMMUNITY DEVELOP14ENT
21. Family Mart Shopping Center - Revised Site Plan - Terri . Reso.
#2868 - Discussion and nossible action to ar)orove a revised
site plan for a dumpster at Fish Kettle Restaurant.
SYNOPSIS OF ACTION: APPROVED with
Condition that building permit be
obtained and that dumpster comply
with City Code and Health Department
regulations.
RESOLUTION NO. R-83- PASSED
C/M Kravitz read the Resolution by title. V/M Massaro explained
that the State presently requires each restaurant to have their
own dumpster, as well as hot and cold water wash facilities and a
drain. She said a permit is being requested for a dumpster at the
Fish Kettle Restaurant, as shown on the revised site plan.
C/M Krantz MOVED to approve Temp. Reso. #2868, issuing Development
Order No. 094 for revised site plan for Family Mart Shopping Center
for a dumpster to be installed in accordance with City Code and the
Health Department. SECONDED by C/M Stelzer.
C/M Stelzer inquired whether the necessary fees have been paid.
V/M Massaro said they have.
C/M Krantz asked whether restaurants are permitted to share
dumpsters. V/M Massaro stated they are not, although other type
of stores are permitted to do so.
VOTE:
Reports
8. City Council
C/M Krantz -- No report
ALL VOTED AYE
C/M Kravitz reported that in addition to the complaints he received
concerning the flooding, he received many calls about the canals
and sewers. The residents say the canals are dirty and they ask when
the condition will be taken care of. He said he would suggest the
residents be notified that the work has been contracted to a private
company,and he has turned those complaints over to the City Manager
for proper attention.
C/M Kravitz also reported that many of the catch basins in the City
are not being cleaned and some actually have plants growing out of
them and there is no drainage whatsoever. He suggested this condition
.be looked into by the City Manager since it results in flooding.
V/M Massaro said she received complaints about the canals too, and
she is wondering what the schedule is for the work that will be
performed by the private company.
City Manager Stuurmans said the company is in the City of Tamarac
for two or three full days each week. When the work was undertaken,
the worst areas were given priority, and the areas in relatively
good condition were given a lesser priority. She pointed out that
the complaints.relating to the ditchbank variety of weeds are
sometimes repetitive since it takes approximately one week after
treatment for those weeds to die. She said she is concerned with the
location the complaints refer to, since the Citv has taken the
posture that to avoid litigation, attention will not be given
to areas which are covered by a private contract. When those
contracts lapse, if the homeowners want the City to do the work,
it willbe undertaken at that time.
-12- 9/28/83
C/M Krantz asked how the time the work will be done could be
pinpointed. The City. Manager explained that the City is attempting
to develop a schedule whereby large divisions of the City would
be treated; 1. for example, the area between McNab Road and
Commercial Boulevard from 64 Avenue to University Drive will be
treated the third week of the month, and another area would be
treated another week of the month.
C/M Stelzer said problems have developed as most of the banks have
been sprayed, but the residents think because the banks are being
taken care of, the weeds will die immediately. He further stated
that the weeds cannot be cut and they must be sprayed to be killed
and it takes a week to ten days before the weeds fall off and die.
The weeds will fall into the canals, after which the canals have
to be cleaned . The process will take some time and will
not be accomplished overnight.
City Manager Stuurmans said when the quotation.was received for the
work that is necessary, the City was informed it would take three
months before the situation is well in hand.
V/M Massaro said she explained this to the residents that telephoned
her and she would like to state at this time that when she spoke
to Greg Turek, she was informed that the canal banks would not be
treated.
City Manager Stuurmans said what is called a terrestrial growth is not
treated, since the canal contract does not call for taking care of
land plants that have grown from the property over , to the bank.
The contractor is cleaning the type of ditchbank weeds that grow
from the water surface up the bank. There is a difference in the
two types and a different chemical is used for treatment.
V/M Massaro stated the residents do not understand what is
being done since they do not see the spraying and feel nothing
is being done about the condition that exists. She commented that
at one time the process involved cutting the banks in certain areas
and raking up the weeds; and therefore the residents expect the
process to be the same now....She suggested there be some correspondence
to the residents who complained about the condition, since they are
under a misconception, as indicated by C/M Kravitz.
C/M Kravitz said he is aware that the City Manager is accomplishing
what must be done regarding the complaints; but what is important
now, is getting the proper information to the residents of the City.
In that way, the citizens will know that the City is doing whatever
possible for the condition that exists.
C/M Kravitz said with regard to the plants growing out of the catch
basins, he would suggest the City Manager take whatever steps are
necessary to correct the situation and he will provide a list of
those he knows are in bad condition.
C/M Kravitz reported that at the last. Council meeting, held at
night, the air conditioning system was.not working properly, and he
suggested the City Manager take proper steps to make certain this
will be corrected for the next night Council meeting, as many of
the residents were uncomfortable.
C/1•I Stelzer - 14o report
V/M Massaro reported that she received a telephone call regarding
the drug store located at the shopping center across from Tom Norris
Restaurant (Mainlands Center). She explained that there is a
covenant on the land restricting the sale of food as the property
is located close to a residential area. The store is selling
canned goods, packaged fdod.).and jars of food.
V/1114assaro said she has been informed that the residents do not
object to the present situation, but they are concerned that the
facility would be expanded in some way in the future.
--13- 9/28/83
/rb
City Attorney Jon Henning said he would like to clarify the
situation by stating that,V/M;Massaro is referring to Lo-Rx
Drugs on North University Drive on the east side of the
street. The City Attorney explained that there is a covenant
on the land restricting the sale of food, due to the close
proximity to a residential area. The drug store is selling
packaged food such as potato chips, jello, jars and cans of
food. The question is whether this is a violation of the
covenant and also whether. the City is waiving any rights by
not authorizing the covenant more strictly now so there will
not be a restaurant there in a couple of years.
City Attorney Henning said the complaint was received from only
one resident.
V/M Massaro said that woman gathered the complaints from other
residents.
The City Attorney stated that he is trying to ascertain whether
wants to maintain the status quo or whether it is desired to
restrict the sale of this merchandise completely. He said it
is his understanding that the residents would be content if
the sale of food does not become more extensive. He said he
did plan to send a letter to the owner and the tenant enclosing
a copy of the covenant explaining there was a restriction on the
land. If the City so desires, a picture could be taken of the
inside of the drug store, so the present use can be established.
City Attorney Henning stated that he does not feel the City is
waiving any rights under the restrictions; and if the Council
desires him to send a letter to Lo--Rx, he will do so.
V/M Massaro said she feels if the letter went out promptly,
the concern of the residents would be alleviated.
the Ci
C/M Krantz commented that all drug stores carry packaged candies
and chocolates and the City Attorney stated if the City wishes,
the sale of those can be stopped.
GENERAL A_DDIINISTRATIVE/FINANCIAL
7. Miller & Meier- Discussion and possible action to authorize
execution of a contract for architectural services relating
to planning and construction of a proposed municipal complex.
Temp. Reso. #2877. (Tabled from 9/14/83).
SYNOPSIS OF ACTION: Temp.Reso. #2877
APPROVED. Authoriza- RESOLUTION NO.
tion given to Miller & Meier to proceed
with programming of new Police Facility,
City Hall and Community Center, for total
amount of $23,940.00; with monies to be
taken from the Capital Reserve Fund.
R-83- PASSE,
City Attorney Jon Henning said he had previously distributed
a memorandum, a contract and a chart showing
the overall cost. He said in essence, if
the City were to build all three new buildings and remodel this
building, the approximate fee for the architectural services
was projected at $463,000.00. However::, it is not anticipated
the City would want to have all those services performed.
In addition, there was a phasing arrangement contained in the
architectural agreement breaking down the different phases and
Payments.
The City Attorney stated that he h
a different type of breakdown in
held at the lagt Council meeting
last Thursday. He said it is his
pursue the new Police facility as
built.
as prepared another chart showing
view of the various discussions
as well as the Workshop meeting of
understanding Council wishes to
it is anticipated this will be
-14- 9/28/83
City Attorney Jon Henning further stated that there was a dis-
cussion at the last Council meeting relating to whether the
current City Hall should be renovated or whether that money
should be put into building a new City Hall. He said there is
a question of whether to pursue the remodelling,and that
would require additional input from the architects as to approxi-
mate costs as well as an explanation of how the present building
would be set up.
The City Attorney explained that the new chart which was dis-
tributed breaks down the old schematic design of 15%,into 6%
and 9%. Mr. Craig Kenyon has stated that Miller & Meier would
be willing to prepare the programming, which comprises approxi-
mately 40% of the schematic design phase, across the board, for
approximately $27,780.00. Mr. Henning said to clarify this, he
would state that although authorization will not be given to carry
out the new Police facility to completion, an expenditure of
$140,000,00 would be involved if it were contracted for.
C/M Stelzer said the figure shown of $463,000.00 is incorrect
since it is not contemplated at this time to build a new City
Hall as well as remodel the present building; and it would be
correct to state that either $64,000.00 would be spent to remodel
the present City Hall, or $210,000.00 would be spent for a new
City Hall. Mr. Henning replied that this is correct.
V/M Massaro asked whether it would be appropriate at this time
to discuss only the programming phase.
City Attorney Henning said it would be acceptable to discuss only
that phase and Council has been distributed a copy of the proposed
written agreement as well as a few exchange pages, which he will
explain at this time. If Council so desires, approval can be
given for the proposed agreement and he has prepared a Resolution
for that purpose. He explained that the agreement specifies there
are six phases to the contract and Council can authorize Miller &
Meier to proceed with any or all of those six phases, and this has
been stipulated in the Resolution. Each of the phases must be
approved separately by Council; and at this time Mr. Kenyon is
asking that Council approve the programming phase across the board
at 6% in addition to a fee of 9% for the Police facility only.
V/M Massaro said she does not understand the figure of $3,840.00
for the programming of the present City Hall, since there is no
programming involved. The City would require a layout of the
tract showing where each building will ultimately be placed.
She said Council has not yet decided whether the present City
Hall should be remodelled or whether a new City Hall should be
considered and therefore, Council is not ready to approve the
various phases. V/M Massaro commented that the Mayor is presently
out of town and she would suggest no action be taken until he
returns and that meanwhile, Council can discuss the various
possibilities.
City Attorney Henning said for clarification of the situation, he
would state that there are alternatives and at this time Council
can either deny or approve the contract. He explained that
Council can also approve any portion of the agreement.
V/M Massaro asked whether a penalty is involved if approval is
given for a portion of the agreement; and Mr. Henning said there
is not.
-15- 9/28/83
/rb
City Attorney Henning said he would recommend that Council
approve the programming at this time for the new Police
Facility and a new City Hall.
C/M Kravitz said he is anxious for the City to move forward
on the new Police facility, but it is his suggestion that a
Workshop be held next week when the Mayor returns, after
which a decision can be made and priority given to the Police
facility in order to avoid holding up the project.
Mr. Kenyon commented that the Workshop meeting in one week wou d
not hold up the project.
CA Stelzer recommended that a Special Meeting be held instead
of a Workshop Meeting:so that action can be taken; and C:/M Kravitz
concurred.
City Manager Stuurmans said she spoke to Mayor Falck by telephone
this morning and he recommended that a Special Meeting be held
next Thursday following the pre -agenda meeting. At that time,
Florida Power & Light will make their presentation, and a
discussion of the Miller & Meier proposal could be held.
V/M Massaro asked what the programming would cover as relates
to the present City Hall and why it is necessary
to include that programming in the agreement.
Mr. Craig Kenyon said the biggest question at this time seems to
be whether the present City Hall should be remodelled, or a new
facility should be built. He said for clarification of this
situation, he would state that Miller & Meier would have to review
the City's needs for the next twenty or thirty years in order
to make a determination as to whether the present City Hall would
satisfy those needs, or whether it would be advantageous to build
a new City Hall. The programming would show whether the present
building can be economically renovated to serve the City's needs
over the years to come..
V/M Massaro asked Mr. Kenyon what the schematic design is used
for; and Mr. Kenyon explained that the schematic design would
take the program, which is the verbal package of goals and
objectives, and convert it to floor plans, elevations and working
drawings.
V/M Massaro inquired about the design development stage;and Mr.
Kenyon said that would be the next step, which would involve
Engineering in order to obtain the cost estimate for the details
and various sections of the building in order to prepare for
construction documents, which would be the next stage. For example,
the term design development is used for the analyzing of the air
�andz"ti.oning system by Engineering, in order to make a decision
as to what type of new system should be.installed.
V/M Massaro asked if the programming of the present City Hall
would have to be included in the contract;
and Mr. Kenyon said it would not have to be included unless
the City wants the current building analyzed. He said he would
like to explain to Council that the programming would provide
the assistance needed to make the decision since the programming would
answer aLlquestions that might be raised.
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V/M Massaro asked who set up these figures and Mr. Henning
said the figures were set up by Mr. Kenyon and the percentages
are in the contract and he broke them down based on these
totals. V/M Massaro said she was disturbed that the Part I
figures were reduced drastically and increased Part 2 by a
great amount. Mr. Henning said the amount of $463,000.00 did
not change but there was a proposal to have a certain amount of work
done as Part I and after a meeting with Council and discussion,
the figures were readjusted and the totals are the same.
Tape Mr. Henning said the savings of the initial cost is approximately
5 half to $159,000.00. He said for that amount, there would be a
Police facility building in full operation.
V/M Massaro said it is her opinion that Council should approve
the programming of the present building, but take no action
on the renovation portion of the contract.
C/M Kravitz said it is his understanding that if Council approves
the contract today, approval can be given for specific portions,
if so desired.
The City Attorney explained that if Council approves the agreement
today, Miller & Meier would be the architects for the City and
Council can authorize them to do any portion of the work outlined
in the agreement.
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B L A N K P A G E
-18- 9/28/83
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The City Attorney also mentioned that any time the City desires
to discontinue the work, this can be done by terminating the
agreement. He said if Council approves the agreement today, a
commitment is being made to work with Miller & Meier until there
is a falling out. Tie explained that there are twenty-four
portions in the contract that can be approved by Council along
the way.
C/M Kravitz asked if
of the contract, and
obligated to pay the
for those amounts.
there is a penalty if the City drops out
Attorney Henning said the City would be
amounts specified if authorization is given
C/M Kravitz MOVED to approve the contract
for the programming of the new Police facility only, until further
discussion is held on the other portions o.f the contract. In
that way, the planning of the Police facility will not be held up.
V/M Massaro said she feels that would be a mistake.
The Motion died for lack of a Second.
V/M Massaro said the programming should not be done for the Police
facility only, since the entire tract should be programmed. The
City intends to move forward on the Police facility but in order
to avoid destroying a large piece of property, the architects must
plan where each building will ultimately be placed on the tract.
That is the purpose of the programming phase and actually the
Police facility cannot be placed without planning for the other
buildings.
Mr. Kenyon said that is correct.
C/M Kravitz asked what the problem would be if a new Police facility
were built at this time,and later on a decision is made to add
a new City Hall or a Community Center; as he is wondering why
all the programming must be done at this time.
Mr. Kenyon explained that in order to best utilize the tract
of land available to the City, all the uses of the land should
be planned at the same time, so they will work together. Ile said
if only the Police facility were designed for the tract to suit
the needs of the Police facility only, and later on the City wanted
to place a new City Hall on the tract, or possibly a Community
Center, something might have been done with the Police facility
that would interfere with the other two buildings. If all three
buildings were programmed at the same time as well as the needs
for ingress, egress and parking for the new City Hall, nothing
would be done with the Police facility that would get in the way of
the other two buildings.
C/M Kravitz said that although Council has not yet decided to
build a new Community Center or a new City Hall, it is desired to
move forward on the Police facility and he does not want time to be
lost in planning for it.
Mr. Kenyon said there would be no delay and the entire process
would actually be accelerated if approval is given for the
programming of the three building at the same time. It would
save time since changes might be needed if only the Police facility
is programmed at this time.
Mr. Ray Munitz, resident, said it is his opinion that if the
programming were approved for the entire tract for an amount of
$23,940.00, this would be the correct approach and the City would
then have all the information that is required in order to move
forward.
719- 9/28/83
/rb
City Attorney Jon Henning read Temp. Reso. #2877 in its entirety.
C/M Krantz MOVED to approve Temp. Reso. #2877, authorizing and
directing City Officials to execute and carry out the terms of
an agreement with Miller & Meier, Architects, for the development
of a municipal complex. SECONDED by C/M Ktavitz.
C/M Stelzer commented that the City is not obligated in any way and
can terminate the contract at any time without penalty; and Mr.
Kenyon said that is correct.
City Attorney Jon Henning stated that the portion of the agreement
which relates to penalties and prepayment has been stricken from
the contract.
VOTE: ALL VOTED AYE
C/M Stelzer MOVED that authorization be given to
Miller & Meier to proceed with the programming of a new Police
Facility at $8,400.00, a new City Hall at $12,600.00 and a new
Community Center at $2,940.00, for a total amount of $23,940.00.
SECONDED by C/M Krantz.
City Manager Stuurmans said she would request that the Motion include
the funds for this project are to be taken from the Capital Reserve
Funk-1 of the City. C/M Stelzer said he would amend his MOTION
accordingly. The Amendment was ar,'cepted blr C,/M Krantz.
Z;,I-JL VO�lED AYE
PUBLIC HEARINGS
11. Woodmont Maintenance Area - Temp. Ord. #1059 -- Discussion and
possible action to vacate a t lity and canal maintenance
easement. Second Reading.
SYNOPSIS OF ACTION: APPROVED on
Second and Final Reading.
ORDINANCE NO. 0-83- PASSED
City Attorney Jon Henning read the Ordinance by title.- V/M Massaro
opened the public hearing. There was no response and the public
hearing was closed.
C/M Kravitz MOVED to approve Temp. Ord. #1059 on Second and Final Reading
to vacate the 20-foot utility and canal maintenance easement in Land
Section 4, Township 49 South, Range 41 East, within the Woodmont
Maintenance Area. SECONDED by C/M Stelzer.
VOTE: ALL VOTED AYE
12. Rissman Development Corp. - Rezoning Petition #14--2-83 - Temp.
Ord. #1064 - Discussion and possible action to rezone Woodmont
Tract 74 75 Recreation Area #2 located at the northeast corner
of the development and on the south side of NW 78 Street, from
R-3U (Rowhouses) to S-1 (Open Space/Recreational) First
Reading.
a) Acceptance of Affidavit of.Publication, Affidavit of Mailing and
Affidavit of Posting.
b) Consideration of application.
SYNOPSIS OF ACTION: a) APPROVED.
b) APPROVED on First Reading.
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9/28/83
/rb
a) C/M Kravitz MOVED to accept the Affidavits of Publication,
Mailing and Posting. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
b) City Attorney Jon Henning read the Ordinance by title.
V/M Massaro opened the public hearing. There was'no response
and the public hearing was closed.
C/M Kravitz MOVED to adopt Temp. Ord. #1064 rezoning. Woodmont
Tract 74/75 Recreation Area #2 located at the northeast corner of
the development and on the south side of NW 78 Street, from R-3U
(Rowhouses) to S-1 (Open Space/Recreational). First Reading.
SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
13. TNT Enterprises, Inc. - Special Exce tion Petition #15-Z-83 Temp. Reso. #2866 - Discussion and possible action to grant a
Special Exception to permit a cocktail lounge in a portion of
Bay 37 and all of Bay 38 of Three Lakes Plaza, 3224 W.
Commercial Boulevard, which is zoned B-2 (Planned Business).
SYNOPSIS OF ACTION: APPROVED with RESOLUTION NO. R-83-a PASSED
Conditions.
City Attorney Jon Henning read the Resolution by title. V/M Massaro
opened the public hearing.
Mr. Barry Eden, attorney for the petitioner, stated that the package
store portion of this business is permitted under the Business Uses.
He said this business is located on Commercial Boulevard at the new
Three Lakes Plaza, and the petitioner is a tenant with a lease for
twelve years.
C/M Kravitz asked whether the lease can be transferred. V/M Massaro
said Council can place a condition upon the granting of the Special
Exception so that the lease cannot be transferred. C/M Kravitz
said he would prefer this be a condition if the approval is granted
by Council.
The public hearing was closed.
C/M Kravitz ,MOVED the adoption of Temp. Reso. #2866,
with the modification that the liquor license cannot be transferred.
to another party unless that party reapplies to Council. SECONDED
by C/M Krantz.
Mr. Eden asked whether Council is approving the applicant or the
location as if conditions are placed upon an approval, it could
prevent the owner of a business from selling that business. Ile
said it is his opinion that when a Special Exception is granted,
it should refer to a location.
V/M Massaro said that approval is given to the applicant, and in
the past, the procedure has been that the Police.Department conducts
an investigation of the applicant.
Mr. Eden said he had assumed that when an individual qualifies for
a liquor license, the individual is also qualified to do business.
V/M Massaro said there have been instances in the past when an
individual who wanted to purchase a business was found to be
undesirable, and therefore, C/M Kravitz' Motion would enable
Council to conduct an investigation of any individual desirous of
purchasing a business.
The City Attorney said, for clarification, he would state
that Council will grant the Special Exception, but the transfer
of that Special Exception in the future would be subject to Council
approval.
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Mr. Eden stated that if a potential buyer of a business hadto
go through the Planning Commission and the entire procedure, it
would involve a considerable amount of time; and what Council
would actually be doing is prohibiting the sale of a business.
V/M Massaro said that is incorrect; and the condition of the
granting of a Special Exception would prohibit an undesirable
individual from purchasing a business in the City.
City Manager Stuurmans mentioned that an item appeared on the agenda
today for the transfer of a Special Exception at Colony West Country
Club. She said that was not a public hearing special format on
the agenda, but rather a review and consideration by Council for
the change.
City Attorney Henning mentioned that Colony West Country Club is
zoned S-1, which would require Council approval, but Special
Exception procedure is not required as Special Exceptions apply
to B zonings, under which a public hearing is required.
Mr. Bob Turk, petitioner, stated that an individual must go through
the State Board of Liquor Control to obtain a license and that Board
makes a thorough investigation of the individual before issuing a
liquor license.
C/M Kravitz said he would feel more comfortable in granting the
Special Exception with the conditions outlined, and he would not
approve the Special Exception without those conditions.
C/M Kravitz said he would add to his MOTION that the hours of operation
be 2:00 A.M. local time closing and no sale on Sunday prior to noon.
The Second accepted the addition to the MOTION.
Attorney Henning said Special Exceptions where the sale of liquor
is involved are different from Special Exceptions for other types of
business, as Council has the additional safety of State investiga-
tions; and the investigation by the Police Department would give
Council additional, control.
C/M Kravitz .AMENDED his MOTION to include that if the business is
sold, approval of the new applicant by City Council is required.
Amendment accepted by C/M Frantz.
j//M, Massaro reiterated the conraition:s of approval:
1. that it cannot be tr.-.n s �crrrcl, without the applicant applying to Counci
2. the 2:00 A.M. closing and no sale on Sunday prior to noon
3. normal fee of application be paid at time of request for transfer
of ownership.
VOTE: ALL VOTED AYE
14. Tamarac Market Place Land Trust - Limited Parking Waiver -
Petition #16-Z-83 - Temp. Reso. #2867 -- Discussion and
possible action to grant a limited waiver of the parking re-
quirements of Section 18 of the Code to permit nineteen 900
handicap parking spaces at the proposed shopping plaza to be
located at the southwest corner of McNab Road and Nob Hill
Road and zoned B-2 (Planned Business) and B-3 (General Business).
SYNOPSIS OF ACTION:
APPROVED as Amended RESOLUTION NO. R-83-,&j7__PASSED
City Attorney Jon Henning read the Resolution by title and suggested
that if Council approves the Limited Parking Waiver, the language,
"to permit nineteen 900 handicap parking spaces" be added to
Section 1 of the Resolution for clarification.
V/M Massaro opened the public hearing. There was no response and
the public hearing was closed.
Mr. Richard Magner stated that he is the developer and would be
happy to answer any questions raised concerning Tamarac Market Place.
-22- 9/28/83
C/M Kravitz MOVED the adoption of Temp. Redo. #2867, granting a
limited waiver of the parking .requirements of Section 18
Tape of the Code to permit nineteen 900 handicap parking spaces
6 at the proposed shopping plaza to be located at the southwest
corner of McNab Road and Nob Hill Road and zoned B-2
(Planned Business) and B-3 (General Business). SECONDED by
C/M Krantz.
VOTE: ALL VOTED AYE
15. Five -Year Ca ital Im rovement Plan - Temp. Reso. #2875 -
Discussion and possible action to adopt a Five --Year
Capital Improvement Plan for Fiscal Years 1983/84 through
1987/88.
SYNOPSIS OF ACTION: APPROVED as RESOLUTION NO. R-83- X(P PASSED
Amended, at the request of the
City Manager.
City Attorney Jon Henning read the Resolution by title.
City Manager Stuurmans said whatever action is taken at this time is
merely a guideline in goals. The bottom line for the five year
capital improvement program for the ending year is reflected in the
sheets that were prepared and given to Council previously. The
amount is $7,923,780..00. Of that, only the debt servi.cc ,portion
are expenditures that are actually projected and are on -target in
terms of what is realized as cost. From the materials given to
Council in April, she offered as a staff modification:
1. Under II,(d) Municipal Buildings, based upon information received
from the architects, the renovation of this City Hall complex will
be approximately $800,000.00. It is, therefore, her recommendtion
that the final plan include that number instead of $60,000.00.
2. Under V,(b) Finance Department, replacement of CPU, this
$100,000.00 can be stricken because this was accomplished this
prior fiscal vear.
3. Under (d) Expansion of Disc Drive - $35,000.00 can be moved for-
ward to the FY 1986/87 column.
V/M Massaro opened the public hearing.
Mr. Walter Rekuc, resident, said the City needs a Recreation Building
that would include an exercise room which can be used
at all hours by'residents of all ages. He said he is familiar
with facilities of that type located in other cities and he
would suggest a building of this type be placed in a park or
recreation area as.the City has the funds available for that
project.
V/M Massaro mentioned that a facility of the type described
by Mr. Rekuc is presently being discussed and the money for
the project would be taken from the Parks and Recreation Fund.
City Manager Stuurmans said that a provision -
for parks and recreation facilities is made in Item B of the
Capital Improvement Plan.
V/M Massaro said a facility such as the one described by Mr. Rekuc
would be placed in the Community Center, if it is built at some
point in time.
Mr. Rekuc stated that in addition, he feels the City needs more
police equipment, but that is not provided for in the five vear
capital improvement plan. He sAid-he also feels that the
City should consider adopting a garbage collection program within
the next few years.
The public hearing was closed.
-23- 9/28/83
//r
C/M Kravitz;MOVED the approval of Temp. Reso. #2875, with
the changes outlined by the City Manager, adopting a
Five -Year Capital Improvement Plan for Fiscal Years 1983/84
through 1987/88. SECONDED by C/M Krantz.
City Manager Stuurmans said she would like to mention that
regarding the suggestion made by Mr. Rekuc concerning solid
waste disposal, Council is thoroughly familiar with a study
that is being prepared by the County for this purpose.
However, she said it would be premature at this time to indicate
the avenue Council intends to pursue.
VOTE:
ALL VOTED AYE
31. UTA Cable Franchise - Tem . Ord. #1056 - Discussion and
possible action to grant a non-exclusive franchise for a
community antenna television system for a service area in the City
located West of University Drive. Second Reading (.Public Hearing
held 7/27/83) (tabled from 9/26/83)
SYNOPSIS OF ACTION: Agendized by ORDINANCE NO. 0-83- PASSED
Consent on Paqe 1. APPROVED on Second.
and Final Reading.
City Attorney Jon Henning read the Ordinance by title and
stated that he had distributed to Council a final draft of
the franchise in which he has included the changes requested
at the last Council meeting.
The City Attorney stated that the prime concern of the Vice PZayor
was that the franchise fee be 5%, but if the City contracted
with UTA Cable for a higher fee, there exists a Stipulation
which would preclude a higher fee.
City Attorney Henning said that although' Federal law precludes a
franchise fee higher than 5% at this time, the agreement is a
twenty year document, with a ten year option for renewal. It
is understood that the document is flexible and will require
amendments as the years go by and changes take place regarding
the rates, territory and service. However, before an amendment
is adopted, Council will have the opportunity for review.
The City Attorney said that Lennar Corporation, who actually
is the party who signed Stipulation #12, has submitted a
letter to the City dated September 28, 1983 , which he read into the
record, and that letter is Exhibit 8 of the agreement.
The City Attorney stated that should there be a change in Federal
law as relates to the franchise fee, there can be a renegotiation
of Stipulation #12 as well as a renegotiation of the franchise
agreement.
City Attorney Henning mentioned that Council has also received
copies of the current insurance certificate; and he would advise
that the performance bond has been presented by Mr. Haber.
He explained that Exhibit 7 to the agreement is the acceptance,
whereby UTA Cable Corporation will accept the agreement, if
Council does grant the approval.
It was further stated by the City Attorney that all the changes
that were discussed at the last Council meeting have been
incorporated into the franchise agreement.
Mr. Ray Munitz, resident, said he would like to mention that
this Ordinance refers to a non-exclusive franchise, but actually the
agreement is confined to certain geographical areas and he is
wondering whether this is a contradiction of terms; and Mr.
Henning replied that the agreement is for the Lennar property,
which is Kings Point and Tamarac Gardens.
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Mr. Munitz asked whether American Cablesystems would have the
right to go into that area if they felt it were economically
feasible; and Mr. Henning explained that American Cablesystems
has a franchise which covers the entire City, and since Kings
Point and Tamarac Gardens are part of the City, the franchise
would cover that area too.
V/M Massaro asked where in Paragraph 8 does it say that they will
be required to pay any additional amount? C/M Kravitz said that on
the original proposal, which was Number 8, they agreed to pay the
maximum, whatever the legal rate was. This was going to be put into
the contract. Mr. Henning said it had said that in addition, UTA
agrees to pay the City the maximum fee allowed by law during the
term of this franchise. He said this was taken out because the max-
imum allowed was under the Stipulation. He said on the prior draft
of the agreement in the old Paragraph 8, there was a sentence, "In
addition, UTA agrees to pay to the City the maximum fee allowed by law
during the term of the franchise". He said this would be inserted
just before the sentence on Page 3, "Any amendment to this agreement
is subject to an amendment of Stipulation 12". C/M Kravitz said Mr.
Haber consented to this at the last meeting and Mr. Henning said it does
not change the subject of the agreement, and if Mr. Haber has no ob-
jection, he said he would put that sentence back in. Mr. Haber said
he had no objection.
The City Attorney stated that Mr. Haber has brought with him today,
two executed copies of the agreement and therefore, it has been
accepted by UTA Cable Corporation and they can substitute Page 3
with no problem. Mr. Haber said that as the attorney for UTA
Cable Corporation, he has the authority to approve any and all changes
made in the agreement, and if Council so desires, he can have the
Vice President of the company initial the changes as well.
C/M Kravitz said he would MOVE to adopt Temp. Ord. #1056, granting
a non-exclusive franchise for a community antenna television system
to UTA Cable Corporation, for the construction, operation
and maintenance of a cable system primarily for the transmission of
television signals, but also with capacity for electronic security
services for a designated service area in the City, all of which is
located west of University Drive, as amended in Paragraph 8 of the
franchise agreement. SECONDED by C/M Krantz.
Mx. John Chappel, representing American Cablesystems of Florida,
stated that American Cablesystems wants to grow with the City and
make their services available to all residents. However, that
service would be missing from any area which American Cablesystems
is prohibited from providing service. Mr. Chappel said he would
like to mention at this time that American Cablesystems has
committed to develop a telecommunications network to feature coverage
of City events, and are willing to train the residents to use video
equipment to enable them to put together their own television pro-
ductions. He said he would also point out that American Cablesystems
has a proven track record in several states and there is no existing
track record for UTA Cable Corporation. Therefore, Council would
be taking a gamble if a franchise is awarded to that company and he
would request that guidelines be established that would permit
American Cablesystems to service Kings Point residents at the option
of the resident.
V/M Massaro said the franchise is non-exclusive, but UTA Cable
Corporation will stay within their territory and she is hopeful
that the two cable companies will get along with each other.
VOTE: ALL VOTED AYE
32. Kin s Point Recreation Complex - Discussion and possible
action on:
a) Revised site plan for cable facilities - Temp. Reso. #2806.
b) Revised landscape plan
c) Revised Water and Sewer Agreement
(tabled from 9/26/83).
SYNOPSIS OF ACTION: Agendized by Consent
on Page 1. a), b) and c) APPROVED.
RESOLUTION NO. R-83- a;?k �PASSED
-25-
9/28/83
a) Marty Riefs, representing Kings Point,
Presented two checks totalling $988.00 to the Assistant
City Clerk. Mr. Henning read the Resolution by title and Mr. Riefs
said this parcel was part of the original overall site plan which was
submitted in January and reflects the receiving station and the
proper setback at the western property line and indicates, as per
Council's request, a walkway to the edge of the road and the park-
ing spaces indicated.. V/M Massaro said the setback has been changed
from 15 feet to 25 feet on both sides and there are four parking
spaces and the sidewalk is being brought right to the paving. She
said on Page 2 of the landscape plan, they have agreed to put five
16-foot high black olive (after planting) trees which will be
25-feet on centers. She said although this plan shows five bottlebrush
trees on the other side, there are actually supposed to be six,dnd
Mr. Riefs agreed to show this on the plan and initial it.
V/M Massaro said there is no landscaping in front of the saucers
because it would affect their reception and this backs up to their
commercial land. She said these 16-foot high trees will afford
the church at that location some privacy and there will be a 6-foot
high CBS wall around two sides at the Commercial Boulevard area
and the area that backs up to the Jehovah Witness Church.
Mr. Henning said there was concern at the last Council meeting
about the assessment for this particular location and there is a
thirty-year period for this franchise agreement. He said Mr. Riefs
has stated that the Property Assessor's Office has indicated that
the assessment would be the same regardless of the zoning, based on
the value and use of the land. He said since this was Council's
concern, Mr. Riefs will have a letter presented to Council con-
firming this. He said for the sake of the record, he would advise
Council not to pursue any rezoning question because there is no
benefit. Mr. Riefs said because the property is being used for
commercial purposes, it will have the same assessment as if it
were an S-1 or B-1 zoning classification.
C/M Kravitz questioned whether the landscap plan, b) on the Agenda,
should be acted on before the a) site plan portion, and V/M Massaro
said the discussion incorporated both so that it could be
clear what was on the site plan.
b) C/M Kravitz said based on what has been discussed concerning
the landscape plan, he. MOVED the adoption of the revised landscape
plan. SECONDED by C/M Stelzer.
V/M Massaro requested Mr. .Riefs make a note that all open areas are
to be sodded, and Mr. Riefs did so on the plan.
VOTE:
ALL VOTED AYE
a) C/M Kravitz MOVED the adoption of Temp. Reso. #2806. SECONDED
by C/M Krantz. V/M Massaro pointed out that all the fees for
the roadwork are already paid.
VOTE:
ALL VOTED AYE
c) C/M Kravitz MOVED the adoption of the revised water and sewer
developers agreement. SECONDED by C/M Krantz.
LEGAL AFFAIRS
9. Golf Carts - Temp. Reso. #2864 - Discussion and possible action
designating certain streets in the City for conditional golf
cart use pursuant to a recent amendment to Florida Statutes 320.
SYNOPSIS OF ACTION: APPROVED
RESOLUTION NO. R-83-&,'�_ PASSED
City Attorney Jon Henning read the Resolution by title. Mrs.
Rosalind Combs of Colony West Country Club stated that Colony West
is currently under a different tvpe of ownership. She explained
that the former Executive Committee members are not available for
discussion and she is not yet in possession of the records belonging
to the new owners.
-26- 9/28/83
/rb
City Attorney Henning said in past meetings of the Legislative
Wrap -Up in Tallahassee, one of the laws passed was an amendment
to the Traffic Code regarding the use of golf carts under certain
circumstances. What Section Law 83-188 provided was an authority
of the City or County to designate certain streets, if so desired,
within its boundaries for limited use of golf carts. He said this
has no bearing on regular car vehicular traffic and is restricted
only to golf carts,but along with the normal traffic flow, they
are allowing the addition of golf cart traffic. He said the
circumstances are established both in the Statutes and in this
Resolution. The street must be within a mile of a golf course. He
said the additional conditions are that it is only for daytime
use between sunrise and sunset, which is not the same definition
as day time. He said day time, under the traffic laws, is one half
hour after sunset and a half hour before sunrise.
Tape Mr. Henning said the golf cart must be equipped with brakes,
7 reliable steering apparatus, safe tires, rear view mirror, red
reflectorized warning devices on the front and rear, the driver is
to have a valid drivers license and this is to be used only to go
to and from the golf course. He said he has a map which is for
reference purposes and he has met with the Police Chief and various member
of Council. He said this can be done by Resolution and this relates
to Sabal Palm, Woodlands, Woodmont and Colony West Championship Golf
Courses. He said that this State Statute has no bearing on crossing
streets; the laws for this are unchanged. He said the main,
boundary streets are not designated for golf cart use, but the
residential streets within those boundaries are. He said the Exec-
utive Course at Colony West and the Mainlands Course were not
addressed since they are not as easily defined as the other courses.
Chief McIntosh stated that consideration must be given to the use of
golf carts for the Championship Course at Colony West by maintenance
workers, since the law will apply to them as well as golf players.
C/M Kravitz expressed his concern over the golf carts in the City
and how the law will be enforced to assure all drivers are eligible
to drive these. Chief McIntosh said it will be difficult to enforce
the law completely; however, they will monitor this as much as possible.
C/M Kravitz suggested that it be publicized that residents should
carry their drivers license when driving the golf carts and Chief
McIntosh said the entire law should be publicized. Chief McIntosh
said the situation at the Woodlands Course is unique as they have
their own golf cart patrol and their penalties are more severe than
those of the City or the Courts.
Mr. Walter Rekuc,resident, said he followed this Bill through the
Assembly for the purpose of obtaining a definition of a golf cart;
and it seemed the Police Department did not know what a golf cart
was in relation to a motor vehicle. He said this Bill stipulates that
the golf cart is to be used only to go to the golf course, not the
clubhouse, the pool area or anywhere else. He said it is his opinion
that streets should not be designated until speed is reduced from
35 to 15 miles per hour, and a professional opinion should be
obtained as to potential insurance problems. He said road construction
should be evaluated as well.
Mr. Sydney Stein, resident, said he is in favor of the new law.
C/M Kravitz MOVED the approval of Temp. Reso. #2864, designating
certain streets in the City for the operation of golf carts under
certain restrictions pursuant to Florida Law 83-188. SECONDED
by C/M Krantz.
VOTE: ALL VOTED AYE
-27- 9/28/83
/rb
COMMUNITY DEVELOPMENT'
25. Colony West Country Club -- Discussion and possible action on:
a) Traffic Light Agreement (tabled from 9/22//82).
b) Barricades adjacent to maintenance road (tabled from 7/27/83).
SYNOPSIS OF ACTION: a) TABLED to
first meeting in December.
o) TABLED to Meeting of 10/12/83.
b) V/M Massaro said the situation at Colony West is a serious one
and she would request that Colony West consider the installation of
a barricade as part of the bond for subdivision improvements which is
in force at the present time.
Mrs. Combs stated that Colony West is presently in the process of
obtaining estimates for the necessary work and she would request
that Council delay this item until the next meeting so she will
be able to do further research on the project,
The Vice Mayor explained that if this work is included in the
performance bond, it would be necessary to complete the work
before the bond is released. If it is not included in that
bond, the work would need to be bonded separately.
C/M Kravitz MOVED to table this item to the October 12, 1983 meeting.
SECONDED by C/M Krantz..
City Attorney Jon Henning said for clarification, he would
state that there are three items that were previously discussed
on this subject. The first item is the guardrail parallel to
McNab Road. The second item is any type of safety device parallel
to the canal on the maintenance road. The third item is consideration
of a barricade at the end of Concord Village parking lot. He said that
the item under discussion today is the guardrail parallel to McNab Road.
-28- 9/28/83
/rb
The City Attorney said if the bond is a cash bond, changes
can be made; but if the bonding is a Letter of Credit or a
Surety Bond, approval would be necessary from the bonding
agency in order to add any conditions t❑ the bond; and
Mrs. Combs said she is aware of this and the tabling action
was requested for that purpose.
V/M Massaro said that the 2 X 4's which are presently placed
at McNab Road are useless and if a car hit them, this barricade
would not stop the car from going into the canal. She said
this is private property and is the responsibility of Colony
West Country Club; and Mrs. Combs said she thinks the golf
course will proceed with the installation some time next week,
and she will inform Council of the definite plans made as
soon as her research is completed.
V/M Massaro said the areas under discussion are McNab Road
and the maintenance road.
City Attorney Henning said reflectors have been requested and
V/M Massaro said the reflectors have now been placed where necessary.
VOTE:
ALL VOTED AYE
a) V/M Massaro stated that golf carts cross 88 Avenue, and there
is a question of law as relates to the operation of Colony
West Golf. Course. She said the City Planner has been requested to
determine whether the parking facilities allocated for both
courses is adequate.
Mrs. Combs advised that golf players park at the regular course
and walk across to the Executive course, and individuals who
rent a golf cart ride across the street. V/M Massaro said
this situation must be reviewed by the City Attorney and a
determination made as to whether separate parking facilities
must be provided for the Executive Course. She stated that
she feels this should be resolved by the first of December
as that will allow ample time for discussions between
the City Planner, City Attorney and representatives of Colony
West, before the determination is made. V/M Massaro said
she would suggest this be tabled to the first meeting of December.
C/M Kravitz MOVED to table this item to the first meeting of
December. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
V/M Massaro suggested Mrs. Combs contact the City Attorney and
the City Planner who will provide the assistance necessary to
comply with the Building Code.
REPORTS
29. City Manager - No report
30. City Attorney - No report
City Manager Laura Stuurmans inquired whether there is a need
for a meeting to be held relating to Miller & Meier for consideration
of the other portions of the agreement. C/M Kravitz explained that
a meeting is necessary, and was scheduled for October 6, for the
purpose of discussing whether a new City Hall should be built or
the present building remodelled.
V/M Massaro stated that the meeting which has been planned is
subject to the opinions of Mayor Falck upon his return, as to
whether there should be a Workshop or a Special Meeting, or both.
THE MEETING WAS ADJOURNED AT 4:45 P.M.
MAYOR
ATTEST:
ASSISTANT CT1q CLERK
This public document was promulgated at a cost of $ 44 _96
or $ 12.31 per copy to inform the general public and
public officers and employees about recent opinions and considerations
by the Council of the City of Tamarac.
-30-
CI i'Y OF TAMARAC
APPROVED AT MEETING OF -3
City Clerk
9/28/83
ATTACHMENT 1 - Item 17 - 9/28/83 Meeting
{ CONCORD VILLAGE II
l�
ADDITIONAL FINAL ENGINEERING APPROVAL COMMENTS
As of July 6, 1982
1. Property line elevation of sidewalk to be same as crown
elevation of road.
2. Add tx6x10 gauge mesh and two #5 reinforcing rods for
sidewalk at driveway crossing.
3. Provide sidewalk construction joints 5' center to center
and expansion joints 20' center to center except expansion
joints are not to be located at driveway crossings.
4. Grade and sod swale to drain to edge of pavement or catch
basin.
5. Use up-to-date Tamarac Utility standards.
6. For Section "A" parking lot detail add the following:
(a) 8"-lime rock base to be compacted to 98% maximum
density as per AASHO T180.
(b) Add 12" minimum sub base having minimum LSR of 40
compacted to 98% maximum density as per AASHO T180.
7. Obtain appropriate Hroward County approval and permits.
8. Change elevations of parking lot to obtain minimum 0.5%
longitudinal grade.
9. Saw cut extruded curb at 10' center to center. Extruded
curb to be backfilled and sodded.
10. All landscaped areas to be graded to drain to parking lot or
canal. (Provide additional finished grade elevation around
building to indicate same.)
11. Indicate design of Pine Island Road decel/stacking lane
including median curb.
12. Show median curb including backfill and sod for N. W. 84th
Terrace.
13. Estimated cost must be upgraded to determine if fees and
bond amount are correct