HomeMy WebLinkAbout1982-10-27 - City Commission Regular Meeting Minutes0R►SO
W,p. BOX 25010
TAMARAC, FLORIDA 33320
MONi:7.Mir F.Alwaasah_&i�I
A
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, OCTOBER 27, 1982
CALL TO ORDER: 9:30 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at
this time will announce those items which have been give a specifi
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. Employee Service Awards - Presentation by City Manager Stuurman
of five-year pins to Sally Spizer of the Finance Department,
Bryan Hurst and David Viele of the Fire Department, and ten-
year pins to Robert Helton and John Roche of the Police Depart-
ment.
2. Jewish War Veterans - Presentation of a Proclamation by Vice.
Mayor Massaro designating November 1 - 8, 1982, as "Edward
Goldberg Post #519 and Ladies Auxiliary Poppy Drive Tag Week".
TAMARAC UTILITIES WEST
3. Bid Award - Temp. Reso. #2488 - Discussion and possible action
to award a bid for the annual requirement of Chlorine.
4. Bid Award - Temp. Reso. #2489 - Discussion and possible action
to award a bid for the annual requirement of bulk pebble quick-
lime.
5. Wellfields Discussion and possible action to authorize addi-
tional funds to be paid to Williams, Hatfield & Stoner, Inc.,
for work on this project, (Tabled from 7/28/82).
CONSENT AGENDA
6. Items listed under Item #6, Consent Agenda, are viewed to be
routine and the recommendation will be enacted by one motion
in the form listed below. There will be no separate discussion
of these items. If discussion is desired, then the item (s)
will be removed from the Consent Agenda and will be considered
separately.
a) Minutes of 9/22/82 - Regular Meeting - Approval recommended by
City Clerk.
b) Minutes of 9/24/82 -- Reconvened Meeting - Approval recommended
by City Clerk.
c) Minutes of 10/1/82 - Special Fleeting - Approval recommended by
City Clerk.
d) Blast Air, Inc. -- Painting of TUW Water Plant - 10/19/82 -
Final Payment of $19,215.50 - Approval recommended by City
Engineer.
10/27-Pg. 2,
Presentations
made.
10/27 -Pg. 3,
Proclamation
resented.
10/27 - Pg. 3,
Appyd.w/conds.
10/27 - Pg.3,
APPROVED.
10/27 - Pg. 1,
TABLED to
11--10--82 mtg.
10/27-Pg. 4,5,
a) through o)
APPROVED.
p) Agend. by
Cons. as Item
#24 on Pg. 1.
11/1,a) Appvd.
with cond.
b) Appvd. with
cond.
c) withdrawn
d) Appvd.
PAGE TWO
e) Williams,.Hatfield & Stoner, Inc. - Consulting Engineer -
Period of 4/27/81 through 5/24/81 - $1,008.63 - Approval
recommended by City Engineer.
f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
Period of 5/25/81 through 6/21/81 - $318.38 - Approval re-
commended by City Engineer.
g) Williams, Hatfield & Stoner, Inc.: - Consulting Engineer -
10/12/82 - $1,718.08 - Approval recommended by City Engineer.
h) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
10/13/82 - $3,670.56 - Approval recommended by City Engineer.
i) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
10/13/82 - $6,909.31 - Approval recommended by City Engineer.
j) Superior Reporting, Inc. - 201 Program Update Public Hearing-
9/24/82 - $40.00 - Approval recommended by City Attorney.
k) Broward County League of Cities - Annual dues for FY1982/83 --
$1,618.00 - Approval recommended by City Manager.
1) Florida League of Cities - Annual dues for FY 1982/83 -
$1,779.51 - Approval recommended by.City Manager.
m) County Road & Bridge Tax -Approval to pay $654.00!as Tamarac's
fair share cost of litigation to join Coral Springs' challeng
to this levy.
n) T.U. West - Authorization_to go to bid for annual grouting
chemical requirements for the Video Sealing Department.
o) Tamarac Jewish Center - Approval to extend the tabling action
on a request for a one-year extension to Code provisions re-
quiring screening of roof equipment to a future Council meeting.
p) Lakeside Plaza Project - Approval to extend the tabling actin
to a future Council meeting.
GENERAL ADMTNISTRATIVE/FINANCIAL
7. Bid Award - Finance Department - Temp. Reso. #2490 - Discussion 10/27 -Pg. 5,
and possible action to award a bid for ten (10) Computer Term- APPROVED.
inals and annual maintenance for same.
8. Surplus Equi ment - Temp. Reso. #2491 - Discussion and possibl 10/27 - Pg. 5,
action to declare four (4) vehicles as surplus equipment and APPROVED.
authorize the City Manager to seek bids for the sale thereof.
9. Broward League of Cities Business - Discussion and possible 10/27 - Pg. 5,
action. C/M Disraelly
gave report.
LEGAL AFFAIRS
10. Amusement Centers - Temp. Ord. #967 - Discussion and possible 10/27-Pg.7-12,
action to amend Chapter 14 of the Code concerning regulation APPROVED as
and licensing of amusement centers and the operation of coin amended.
operated amusement devices. First Reading.
COMMUNITY DFVET nPMFNT
11. Col9ny West County Club - Temp. Reso._#2492 - Discussion and 10/27 - Pg.21,
possible action to release a canal reservation on the Executi e APPROVED.
Course.
12. Colony West Clubhouse -- Performance Bond - Temp. Reso. #2493 10/27 - Pg. 6,
Discussion and possible action to call a performance bond DENIED.
posted for public improvements. Reso. to call a
perform. bond
posted for pub-
lic improvement
PAGE THREE
13. Woodmont Tracts 47, 48 and 50 - Discussion and possible actin 10/27-Pg.6,7,
on: a) Approved.
a) Release of a warranty bond posted for public improvements -
Temp. Reso. #2494
b) Acceptance of a utility easement for Tract 50 - Temp. Reso
#2495 T`
14. Southgate Gardens, Inc. (7300 Southgate Boulevard)- Discussio
and possible action on:
a) Acceptance of utility easement for drainage purposes -
Temp. Reso. #2485
b) Acceptance of utility easement for water purposes - Temp.
Reso. #2486
c) Acceptance of utility easement for sewer purposes -- Temp.
Reso. #2487
(tabled from 7/14/82)
15. Shell Oil Com any - Discussion on request for waiver of plat-
ting requirements for a service station located at the north-
west corner of State Road 7 and Commercial Boulevard.
16. Toll Development Corp. - Temj2. Reso. #2497 - Discussion and
possible action on:
a) Release of a cash bond posted for Woodmont Tract 59 per-
taining to a temporary platting waiver and acceptance of an
assignment of a portion of this bond to Southgate Gardens East
Mission Lakes for Parks and Recreation fees due.
b)Refund of balance of bond on Woodmont Tract 59 and overpay-
ment of parks and recreation fees on Southgate Gardens East/
Mission Lakes due the developer.
17. University Drive -- Discussion and possible action of proposed
service road concept plan on the east side of University Driv
18. Draina e Improvements in the City - Discussion and possible
action.
REPORTS
19. City Council
20. City Manager
21. City Attorney
The following items, 22 and 23, will be considered at a reconvene
Council meeting scheduled for Monday, November 1, 1982, at 1:30 P
b)Approved.
10/27 - Pg.1211
a) APPROVED
b) TABLED
C) TABLED
10/27-Pg.17-19,
Approved with
conditions.
10/27 - Pg.17,
Approved with
conditions.
10/27-Pg.19,20,
Accepted.
10/27, Pg. 12,
TABLED to next
peg. meeting.
10/27 - Pg. 14
10/27-Pg. 14,15
10/27 - Pg. 15
22. University Community Hospital - Discussion and possible actin 11/l,Pg. 1,
on: _ApRyd. with Cond
a) Revised site plan for the front parking lot at the south-
east corner of the property - Temp. Reso. #2496
b) Landscape Plan'
PUBLIC HEARING
23. Woodmont Square - Rezonin Petition #24-Z-82 - Temp. Or_d. 11/1,Pg. 4,
#1003 - Discussion and possible action to rezone lands on the �ppplication
west side of N.W. 88 Avenue, extending southward from the
Tamarac Fire Station approximately 528 feet, from R-3 (Low
Density Multiple Residential) to B-2 (Planned Business).
Second Reading. (Public Hearing continued from 10/13/82).
a)Acceptance of Affidavits of Publication and Affidavits of
Posting.
b) Consideration of Application.
I V114109 6lil:7
City Council may consider such other business as may come before
it.
Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368;
if a person decides to appeal any decision made by the City
Council with respect to any matter considered at such meeting or
hearing, hG will need a record of the proceedings, and for such
purpose he may need to ensure that a vrrbatim record of the pro-
ceedings is made, which record ir�cludes the testimony and evidencE
upon which the appeal is to be based.
I:"w11M•7telalu)A 4100'.Axo
Carol A. Evans
Assistant City Clerk
For informational purposes, following are the residential and
commercial zoning districts in the City:
R-1
- Single Family Residence
R-lB &
R-IC
- One -Family Dwelling
R-2
- Two -Family Dwelling
RD-7
- Two --Family Dwelling
R--3U
- Row House
R-3
- Low Density Multiple
Dwelling
RM-10
- Planned Apartment
R--4A
- Planned Apartment
R-5
- Motel/Hotel
B-1
- Neighborhood Business
B-2
- Planned Community Business
B-3
- General Business
B-5
- Limited Business District
B-6
- Business District
S-1 -Open Space/Recreational
1-1 -Institutional
M-1 -Light Industrial
P4-2 --Medium Industrial
A-1 -Limited Agricultural
A--5 -Agricultural/Excavation
T-1 -Trailer Park District
24. Lakeside Plaza Project - Site Plan- Discussion and possible act.
a) Site Plan - Temp. Reso. #2414.
b) Water & Sewer Developers Agreement
c) Utility easement for sewer purposes - Temp._ Reso_. #2415
d) Beautification plan
25. Banyon bakes - Amendment Agreement
26. Increase Water & Sewer Rates - Commercial Users Only
110/27,Pg. 2,Agen,
by Cons.
11/1,Pg. 2,
a) and b) Appvd.
with Conditions.
c) Withdrawn
(1) Apnvd.
10/27,Pg.1,Agen
by Cons.
11/1, Pg. 9,
Appvd. with con
10/27,Pg. 1,
Agend. by Cons.
11/1,Pg.8,
C/Atty. auth.
to prepare Reso
C/Clerk to ad-
vertise public
hearing.
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETI14G
OCTOBER 27, 1982
CALL TO ORDER: Vice Mayor Massaro called the meeting to order on
Wednesday, October 27, 1982 at 9:30 A.M. in the Council Chambers.
ROLL CALL: PRESENT: Vice Mayor Helen Massaro
Councilman Irving M. Disraelly
Councilman Philip B. Kravitz
Councilman David E. Krantz
ABSENT AND EXCUSED: Mayor Walter W. Falck
ALSO PRESENT:
City Manager, Laura Z. Stuurmans
City Attorney, Jon M. Henning
City Clerk, Marilyn Bertholf
Secretary, Norma R. Rayman
MEDITATION AND PLEDGE OF ALLEGIANCE: Vice Mayor Massaro called for
a moment of Silent Meditation followed by the Pledge of Allegiance.
Vice Mayor Massaro welcomed everyone present and reviewed the time
allocations on this day's agenda.
5. WELLFIELDS - Discussion and possible action to authorize addition-
al funds to be paid to Williams, Hatfield & Stoner, Inc, for work
on this project.
SYNOPSIS OF ACTION:
TABLED to meeting of
November 10, 1982.
C/M Disraelly MOVED that this item be TABLED to the next regular meet-
ing on November 10, 1982. C/M Krantz SECONDED.
VOTE:
ALL VOTED AYE
10. AMUSEMENT CENTERS -- Temp._Ord. _#967 Discussion and possible action
to amend Chapter 14 of the Code concerning regulation and licensing
of amusement centers and the operation of coin operted amusement
devices. First Reading.
SYNOPSIS OF ACTION:
Scheduled to be heard
at 10:30 am (See Pages 7 through 12)
C/M Kravitz suggested that this item be heard at 10:30 am, as the people
were present that wished to hear this item. He also asked that they try
and call a recess as close to noon as possible for the benefit of the
Welcoming Committee and residents that were present.
24. LAKESIDE PLAZA PROJECT - SITE PLAN - Discussion and possible action
on site plan.
SYNOPSIS OF ACTION:
Agendized by Consent
TABLED to reconvened meetu-g of
November 1, 1982.
C/M Disraelly MOVED that this Item #6 pY) be removed from the Consent
Agenda and that it be agendized by consent as an item for discussion
and possible action of Lakeside Plaza Site Plan and other items that
are associated with the site plan, such as a developers agreement, etc.
to be TABLED for the recessed meeting, November 1, 1982. C/M Krantz
SECONDED.
AL6➢YMA
ALL VOTED AYE
-1-
10/27/82
/nrr
6. CONSENT AGENDA
q) Alan Ruf - Consulting City Attorney - $1,750.00
SYNOPSIS OF ACTION:
Agendized by Consent
(See Pages 4 and 5)
C/M Disraelly MOVED that Item #6 q) under the Consent agenda, Alan
Ruf, Consulting City Attorney in the amount of $1,750.00 be agendized
by Consent. C/M Krantz SECONDED.
kffelli=
ALL VOTED AYE
25. BANYAN LAKES - Amended Agreement for Banyan Lakes for discussion
and possible action.
SYNOPSIS OF ACTION:
Agendized by Consent
(See Pages 13 and 14).
C/M Disraelly MOVED that they Agendize by Consent an amended agreement
for Banyan Lakes for discussion and possible action. C/M Krantz SECONDED.
►1faym
ALL VOTED AYE
26. INCREASE WATER AND SEWER RATES - COMMERCIAL USERS ONLY -- Discussion
and possible action.
SYNOPSIS OF
Agendized b
for Monday,
1982.
ACTION:
Consent
November 1,
C/M Krantz MOVED that they Agendize by Consent a Resolution for increase
in water and sewer rates for commercial users only. C/M Disraelly
SECONDED.
VOTE:
ALL VOTED AYE
1. EMPLOYEE SERVICE AWARDS - Presentation by City Manager Stuurmans of
five-year pins to Sally Spizer of the Finance Department, Bryan Hurst
and David Viele of the Fire Department, and ten-year pins to Robert
Helton and John Roche of the Police Department.
SYNOPSIS OF ACTION:
City Manager Stuurmans
presented five and ten-
year pins to respective
employees.
City Manager Stuurmans presented five-year pins to Sally Spizer of the
Finance Department, Bryan Hurst and David Viele of the Fire Department,
and ten-year pins to Robert Helton and John Roche of the Police Depart-
ment.
Vice Mayor Massaro took a moment to introduce Peter Deutsch who has al-
ready been elected a representative to the state legislature. Mr. Deutsch
said he knew most of the people already. He is the state representative
elected in a district that is 1/2 of Tamarac. He added that Tamarac will
have another state representative, either Tim Cross or Joe Titone will be
the other one. He said he had come I to keep a campaign promise. He
made three campaign promises and one was to try to do his best, which he
believes he will be able to do, the second was that he would keep trying
to come back to the people and that is what he is doing. He expects to
work very closely with the Council and with the Mayor and Vice Mayor.
He felt that Tamarac should feel that they have two representatives full-
time to work for the City of Tamarac and he was sure that they will. He
is opening the first district office in west Broward
on University Drive, south of Oakland Park Boulevard
and if people have questions he will be there. The third promise he made
was that if any of them come to Tallahassee he will take them out to
breakfast.
-2- 10/27/82
/nrr
2. JEWISH WAR VETERANS - Presentation of a Proclamation by Vice Mayor
Massaro designating November 1 - 8, 1982, as "Edward Goldberg Post
#519 and Ladies Auxiliary Poppy Drive Tag Week".
SYNOPSIS OF ACTION:
Vice Mayor Massaro
presented proclamation
to Willard Zweig.
Vice Mayor Massaro read the proclamation into the record. She then
presented the proclamation to Willard Zweig, representing the Jewish
War Veterans, designating November 1 - 8, 1982, as "Edward Goldberg
Post #519 and Ladies Auxiliary Poppy Drive Tag Week."
Mr. Zweig thanked V/M Massaro and the entire Council for their help
this year as well as past years.
3. BID AWARD - Temp. Reso #2488 - Discussion and possible action to
award a bid for the annual requirement of Chlorine.
SYNOPSIS OF ACTION:
APPROVED - Awarding bid RESO. 140. R-82- 298 PASSED.
to Allied Universal Corp.
with conditions
Jon Henning read Resolution by title.
Laura Stuurmans stated that the City Engineer has reviewed the bids
submitted, and has recommended that the bid be awarded to Allied
Universal Corp. in the amount of $129.20 per ton, a total annual
amount based upon the City's estimate of $23,902. She added that
they are the low bidder.
C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2488 awarding the
bid to Allied Universal Corp. at $129.20 per ton. C/M Disraelly
said he would not use the total figure of $23,902 because the City
could not predetermine the amount needed. C/11
Krantz SECONDED.
City Manager stated that in view of what C/M Disraelly had said, in
Section 1 of the proposed resolution, line 19 where total amount is
indicated, that should be stricken and she will concur that that will
be appropriate, because that was an estimated amount.
C/M Disraelly MOVED as suggested that in Section 1, Line 19 the words
"total amount $23,902" be stricken. C/M Krantz SECONDED.
Are llm
ALL VOTED AYE
4. BID AWARD - Temp. Reso. #2489 - Discussion and possible action to
award a bid for the annual requirement of bulk pebble quicklime.
SYNOPSIS OF ACTION:
APPROVED -- Awarding bid
to Allied Products Corp.
unit price of $70.03 per
ton plus $15.48
fuel surcharge per truck load.
The City Attorney read Resolution by title.
RESO. NO, R-82-299 PASSED.
4�
Laura Stuurmans stated that the City Engineer has reviewed the bids
submitted and has recommended that the bid of Allied Products Company
in the amount of $70.03 per ton plus their stipulated truck fuel sur-
charge at $15.48 per truck load be approved, and that is the low bid.
C/M Disraelly MOVED the ADOPTT014 of Temp. Reso. #2489 awarding a bid
to Allied Products Corp. in the amount of $70.03 per ton and $15.48
per truck load, truck fuel surcharge. C/M Krantz SECONDED.
VOTE: ALL VOTED AYE
-3- 10/27/82
/nrr
6. CONSENT AGENDA
a) Minutes of 9/22/82 - Regular Meeting - Approval recommended by
City Clerk.
b) Minutes of 9/24/82 - Reconvened Meeting - Approval recommended by
City Clerk.
c) Minutes of 10/1/82 - Special Meeting - Approval recommended by City
Clerk.
d) Blast Air, Inc. - Painting of TUW Water Plant -- 10/19/82 - Final
Payment of $19,215.50 - Approval recommended by City Engineer.
e) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - Period
of 4/27/81 through 5/24/81 - $1,008.63 - Approval recommended by
City Engineer.
f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - Period
of 5/25/81 through 6/21/81 - $318.38 - Approval recommended by
City Engineer.
g) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 10/12/82
$1,718.08 - Approval recommended by City Engineer.
h) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -- 10/13/82
$3,670.56 - Approval recommended by City Engineer.
i) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 10/13/82
$6,909.31 - Approval recommended by City Engineer.
j) Superior Reporting, Inc. - 201 Program Update Public Hearing -
9/24/82 - $40.00 -- Approval recommended by City Attorney.
k) Broward County League of Cities -- Annual dues for FY1982/83 -
$1,618.00 - Approval recommended by City Manager.
1) Florida League of Cities - Annual dues for FY1982/83 - $1,779.51 -
Approval recommended by City Manager.
m) County Road & Bridge Tax -- Approval to pay $654.00 as Tamarac's
fair share cost of litigation to join Coral Spring's challenge to
this levy.
n) T.U. West - Authorization to go to bid for annual grouting chemical
requirements for the Video Sealing Department.
o) Tamarac Jewish Center - Approval to extend the tabling action on a
request for a one-year extension to Code provisions requiring
screening of roof equipment to a future Council meeting.
p) Lakeside Plaza Project - Approval to extend the tabling action to
a future Council meeting.
q) Alan Ruf - Consulting City Attorney - $1,750.00 -
SYNOPSIS OF ACTION:
Awroved with Item D) removed
and agendi zed
as Item #24 for discussion
on ll/l/82 - Item q) added by
Consent and APPROVED.
C/M Disraelly stated that they had Alan Ruf's invoice of $1,750.00
and he wished to MOVE APPROVAL of addinn to agenda.
C/M Kravitz interrupted saying he wished to discuss item o) Tamarac Jewish
Center which is on the Consent Agenda to extend the tabling action
with no date. He said he thought there was a date for a future meet-
ing and had specifically named that date as November 10, 1982.
V/M Massaro said there was a very specific reason for stating to a
future council meeting because the Mayor had asked for certain inform-
ation from staff before it is agendized. C/M Kravitz said he wished
to put this on the agenda for November 10 and at that time if the Mayor
did not have the information, they would table this to a future meeting.
V/M Massaro said he was free to make any motion he wished regarding this
item but she said she was in favor of the Mayor's way of not agendizing
this item until all the information was received. C/M Kravitz MOVED
that the date be November 10th, then if the information is not available
then it will be tabled at that time.
C/M Krantz said that they have requested a one year's extension so what
difference does it make if it is this week or next, they still want the
-4- 10/27/82
/nrr
the year, and they would prefer a longer time if possible.
V/M Massaro asked for a second to C/M Kravitz's MOTION. There was
none and the MOTION died for lack of a SECOND.
C/M Disraelly MOVED the ADOPTION of the Consent Agenda items 6 a)
through q) excluding p). C/M Krantz SECONDED.
VOTE:
ALL VOTED AYE
7. BID AWARD - FINANCE DEPARTMENT - TemP. Reso. #2490 - Discussion
and possible action to award a bid for ten �(10) computer terminals
and annual maintenance for same.
SYNOPSIS OF ACTION:
APPROVED bid award for 10 terminals from RESO. NO. R-82- 300 PASSED.
Radio Shack at $54.5.22 each
and maintenance at $118.83 each.
Jon Henning read the Resolution by title.
Laura Stuurmans stated that the Finance Department has reviewed the bids
that have been received and they are recommending an award to Radio Shack
for the ten computer terminals Model TRS-80 DT-1 at a cost of $545.22
each plus an annual maintenance in the amount of $118.83, the combination
of the initial cost and the annual maintenance makes the Radio Shack bid
the lowest bid.
C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2490 awarding the bid
to Radio Shack for ten (10) computer terminals, striking the words "six
to" on line 4. C/M Krantz SECONDED.
VOTE:
ALL VOTED AYE
8. SURPLUS EQUIPMENT -- Tem . Reso. #2491 - Discussion and possible action
to declare four (4) vehicles as surplus equipment and authorize the
City Manager to seek bids for the sale thereof.
SYNOPSIS OF ACTION:
APPROVED -- City Manager
authorized to seek bids
RESO. NO. R--82- 301 PASSED.
Jon Henning read the Resolution by title.
Laura Stuurmans stated that Council had a memo from the Public Works
Director indicating four vehicles which are currently skeletons; they
have been scavenged and they are not driveable, so they just want to
offer them as surplus scrap to an interested vendor.
C/M Krantz MOVED the ADOPTION of Temp. Reso. #2491 authorizing the sale
of the four surplus vehicles as indicated. C/M Disraelly SECONDED.
VOTE: ALL VOTED AYE
9. BROWARD LEAGUE OF CITIES BUSINESS - Discussion and possible action.
SYNOPSIS OF ACTION:
C/M Disraelly gave his
report during afternoon
session.
t'
C/M Disraelly said there was no dinner meeting last week because of the
fact that the State Convention will be taking place this weekend, there
have been no communications. He added that all Council members had
received a copy of the agenda and will all be busy attending workshops
and there is nothing from the League itself to report.
-5- 10/27/82
/nrr
11. COLONY WEST COUNTRY CLUB- Temp. Reso. #2492 - Discussion and
possible action to release a canal reservation on the Executive
Course.
SYNOPSIS OF ACTION:
Held for afternoon
(See Page 24)
Jon Henning read Resolution by title.
C/M Disraelly asked if the canal on the most westerly portion of the
golf course, where Nob Hill Road will en_N7-)tually be built, will stay
there or whether that becomes part of the right of way? He also
asked if that was one of the canals the City was releasing?
V/M Massaro said she was not sure about that, but that is a very
important question and she wouldlik e an answer to it.
The City Attorney interjected that, where there is a canal, there is
no question of reservation as he understood it. The canal reserva-
tion is applied to land. V/M Massaro said that the question she would
have in her mind, was whether that canal is of the proper dimensions
that the City requires today. She added that the City has that pro-
blem in Mainlands Section 6 and 7 and if there is an area where that
canal has not been dug to the dimentions that the City requires, it
might be that the City would want to reserve that part. She asked
that they put this off for the afternoon so that they can get the
questions ansered from the City Engineer.
12. COLONY WEST CLUBHOUSE - PERFORMANCE BOND - Temp. Reso. #2493 -
Discussion and possible action to call a performance bond
posted for public improvements.
SYNOPSIS OF ACTION:
DENIED Resolution to call
a performance bond posted
for public improvements.
Jon Henning read the Resolution by title.
C/M Disraelly pointed out that they had a letter dated October 26,
from Gulfstream Bank indicating that the letter of credit has been
extended until January 13, 1983 and he would therefore MOVE that
the Council DENY Temp. Reso. #2493. C/M Krantz SECONDED.
VOTE:
ALL VOTED AYE
13. WOODMONT TRACTS 47, 48 and 50 - Discussion and possible action
on:
a) Release of a warranty bond posted for public improvements -
Temp. Reso. #2494.
b) Acceptance of a utility easement for Tract 50 - Temp.
Reso. #2495
SYNOPSIS OF ACTION:
aT APPROVED Release of Warranty Bond RESO. NO. R-82-303 PASSED.
b) APPROVED Utility Easement Tract 50 RESO. No. RR82-304 PASSED.
01
-6- 10/27/82
/nrr
a) Jon Henning read the Resolution by title.
V/M Massaro pointed out that Tim Cross, who is running for a legislative
seat, was in the the audience and she wished to acknowledge his presence.
C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2494, authorizing the
release of a warranty bond by Woodmont, Inc. for Tracts 47, 48 and 50.
C/M Krantz SECONDED.
TAPE VOTE
#2
ALL VOTED AYE
b) Jon Henning read the Resolution by title.
C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2495, accepting a 20-
foot utility easement offered by Tract 74. C/M Krantz SECONDED.
VOTE:
ALL VOTED AYE
10. AMUSEMENT CENTERS - Temp. Ord. #967 - Discussion and possible action
to amend Chapter 14 of the Code concerning regulation and licensing
of amusement centers and the operation of coin operated amusement
devices. First Reading.
SYNOPSIS OF ACTION:
APPROVED as Amended.
First Reading.
Jon Henning read the Ordinance by title.
C/M Disraelly pointed out some changes he wished made on this ordinance.
He said that on Page 5, there is a typo error; B-5 should be changed to
R--5, which refers to hotels and motels. V/M Massaro iStated that on that
particular sentence she would leave it all out and capitalize the A in
"all" and the sentence would read, "All primary and accessory amusement
centers shall require licensing approved by City Council". She said she
felt that this would leave the City in a better position.
Jon Henning added that this would keep with amusement centers being
allowed where they are allowed already. Everyone knows that the City is
not permitting them by this ordinance, but restricting them by this
ordinance. He also stated that this goes along with control and licensing
that this ordinance provides.
C/M Disraelly said that he agreed with V/M Massaro and would strike the
words, "the business address must lie within a B-1, B--2, B-3 or R-5
zoning district and", then capitalize the letter "A" in "ALL". He
continued that on Line 10,
he would strike the words "unless separated by a public right-of-way
greater than 100 feet in width". On the same page (5) line 15, change
that from 1500 feet to 1800 feet. He added that he was trying to arrive
at a figure of a third_of a mile, precisely 1760 feet, so he would put
in 1800 feet.
V/M Massaro said that on line 17, at the end of the sentence where it
says 8:00 a.m. to 3:00 p.m. "on school days" should be added. , On
line 24, sub section E, strike "comprised of a building", it would then
read, "an amusement center shall not be located in an enclosed shopping
center having a total commercial indoor area of less than fifty thousand
square feet".
C/M Disraelly continued that on Page 7,e line 1, there is a paraEraDh a and h
the h should be a b;that is a typo.
V/M Massaro had another correction on that page, line 21, refer to
license fee, she would suggest these words, "in addition to the license
fee due to the city, all costs incurred by the city in enforcing this
provision shall be due to the city, said expenses shall be paid from
the proceeds of the sale of seized devices or shall be paid by the owner
of said devices before the release of the devices! She added that there
was no provision for any of the cost which the city would entail if the
merchandise or equipment had to be seized.
-7-- 10/27/82
/nrr
C/M Kravitz said he had quite a number of changes to this
temporary ordinance,
On Page 1, line 31, Primary Use, he thought the
terminology on primary use was not clear and would
like to see different wording than Primary Use. He added that he
would like to give all the changes at one time as he had something in
mind for the entire ordinance. He said he would go back to each one
after he finished. On Page 2 Item 2, they state not more than 50
amusement games, he said he was not too happy with the 50. V/M
Massaro questioned why he was not happy. He answered that he would
explain that later. Number 3 onthe same page, where it says "contain-
ing 1-3 amusement games". Again he said he would come back to that.
V/M Massaro asked why he was not giving them reasons for this: C/M
Kravitz said he would like to make a Motion to Table this, because
there are too many items involved and therefore, he wanted to point
out the items. He added that if he made a Motion to Table, then they
cannot have the discussion, and he would rather tell them why he was
asking for a table and then make the motion.
C/M Disraelly said he would like C/M Kravitz to tell them what changes
he wants, instead of saying he did not like it and table it. He added
that he had made specific changes. C/M Kravitz said there were too
many changes to go into it now; he does not like the ordinance and he
is going over the many reasons why he feels it is not written up based
on his feelings.
C/M Disraelly asked why C/M Kravitz had not given Council a report
prior to today. C/M Kravitz answered that he had not had time to
review all of this, prior to Monday. C/M Disraelly pointed out that
there was a copy on February 18, May 19 etc. He added that apparently
C/M Kravitz wanted some big changes, he asked again why he had not made
them since February 18th, instead of waiting until today. C/M Disraelly
said they could not redo the whole thing today. C/M Kravitz said he was
not saying to redo the whole thing, he was saying to table it until he
can get a memo out as to what he finds. He said he did not see the
urgency in passing this particular ordinance at this time. C/M Kravitz
added that there was nothing pending at this time that the ordinance has
to pass today on first reading.
C/M Kravitz added that he did not just want to make a Motion to Table
without telling Council the different items, maybe 20 items, that he
feels should be looked over before Council comes up with something of
an ordinance of this type. He added that this ordinance was too import-
ant to the City not to make all the changes necessary. He added that
there are police items that he is not too happy with, designated enclosed
areas he felt should be confronted at this time; he would rather an 18
year age instead of the 16. C/M Kravitz MOVED that this item be TABLED
to the next meeting.
V/M Massaro said it was obvious that the public wants regulations, stricter
regulations, and this is what this is meant to do. She said it was meant
to preclude anything from occurring that they may have rights to now and
would preclude the City from regulating it in the spirit that C/M Kravitz
is addressing. V/M Massaro said that the City was vulnerable right now
and this is the reason that it is important that there be action on first
reading. She added that all his items can either be discussed now or
some time between now and the second reading, he may send a memorandum
to the City Attorney and he would copy council and take it up at that
time. She pointed out that the second reading has to be a public hearing
anyway and he can review everything. She said that she knew what he is
trying to do is strengthen .this.
C/M Kravitz pointed out that there were so many
with properly, for instance, security; it does
stay for one hour after closing so that people
they go to their cars. He also pointed out the
many other different facets.
items that were not dealt
not say that security will
will have security when
ID with employees and so
10/27/82
/nrr
C/M Kravitz MOVED that this be TABLED. He added that he felt that
Council was not ready to act on this. He said he did not think that
they could make all these changes this morning and pass on it on first
reading. V/M Massaro asked for a second to the tabling motion. There
was none and it died for lack of a second.
C/M Krantz stated that regarding the urgency he said that he knew of at
least two individuals that are contemplating opening amusement centers,
very shortly.
Jon Henning said that some of the questions that had been raised, could
be explained if he briefly went through the ordinance, and give them the
spirit of this ordinance. He� stated that this an amendment to the
licensing ordinance; there are certain zoning provisions that already
apply. He said that he thought that Council was aware of the fact that
amusement centers are authorized in this City in certain zones; that
this ordinance does not establish amusement centers, but it is a
licensing regulation on a provision for amusement centers that already
exist. He added that basically, under this ordinance, before any
amusement center could open, they would be licensed or be required to
be licensed by City Council and City Council will conduct a hearing
regarding the licensing and the requirements under this ordinance.
He added that in addition to this licensing hearing, in certain zones,
which he believed was B-1 and B-2, which provide for special exceptions,
that the Planning Commission, would have their hearings prior to this
coming to City Council as provided in the zoning ordinance.
Jon Henning continued that there were basically three types of amusement
centers that are defined or specified in this ordinance. Primary Use is
the type that is primarily an amusement center, it is the one sole pur-
pose of the business and it was the theory of this ordinance that if
people or businesses are going to open up an amusement center, that they
should have a substantial investment, and rather than having 5 or 10 or
20 machines, the City is asking that if they are going to have just an
amusement center,that it be at least 25 machines, and no more than 60
machines; and this is the range of an amusement center that only has
machines. He added that this was the Primary Use Amusement Center, at
least 25 but not more than 60 machines.
Jon Henning added that the second type which is called the Accessory Use
Amusement Center, is typically adjacent to a restaurant and that could
have anywhere up to 50 machines. The Accessory use is where you have in
zoning terms the Primary Use of the property is another purpose other
than amusement center; the primary use would probably be a restaurant,
or bowling alley, or skating rink or whatever other primary use the
business may have. Tn zoning terms, the accessory use, the secondary
use would be the game room, or amusement center. Because of the attrac-
tion of the initial business itself, this ordinance does not allow as many
machines as if it were a primary amusement center.
Jon Henning continued that the third method is Incidental Use and this is
just up to three machines. Fie added that it is recognized in this ordin-
ance that there is some popularity to these machines and that it is con-
sidered in many other cities that adopted the same number, that up to 3
machines, whether they are in a lounge, waiting room or foyer, in a
restaurant or off the side of a business someplace, that up to three
machines, even though the individual machines in Tamarac are required to
have a license, that this incidental use amusement center, would be the
smaller use and the extensive requirements for the other two amusement
center would not be needed for these up to three machines conditions.
He added that there is no gambling permitted and that is specified in
the ordinance. He said that there is an extensive application required
just so that Council can have a good understanding of the background of
the applicants that are requesting to open up a business for this purpose.
The Police Department is involved in assisting in this investigation, to
assist Council in their consideration. There is a management plan that
is required and this is to establish some controls; one of the concerns
of the people when they discuss these are the controls, either inside or
out;
-9- 10/27/82
/nrr
V/M Massaro introduced P4arcia Beach, County Commissioner. Marcia Beach
said hello to everyone present and thanked Council for allowing her to
interrupt the meeting.
Jon Henning added that it is obvious to Council and to those people that
have been at those hearings, Ithe great concern of the City is the
after dark hours. There are two concerns, number one the obvious concern
would be the school hours; they do not want the amusement center to be
the cause of truancy. There is some provision in the ordinance as they
have discussed, that the school hours if it is within 1/3 of a mile from
the school, that these businesses cannot operate during the school hours.
John Henning stated that they wished to enhance security as mentioned by
C/M Kravitz is addressed after dark. He said he thought that there
was a provision in there somewhere that if there is more than 20 machines
which will be the primary use, obviously or the accessory use, the rest-
aurant and bowling alleys, with more than 20 machines, would have a uni-
formed guard or police man for the protection of everybody, since this
seemed to be the concern. Mr. Henning added that the age of 16 years was
raised, and that although typically 18 years for the majority for adult-
hood, 16 years addressed itself to school age children which typically
is the age that youngsters are compelled to be at school. There may be
people in school over the age of 16 years, but they are not compelled
to be at school.
Jon Henning also pointed out the seizure provision and they just discussed
an additional amendment, where if it did go to the expense of seizing some
unlawful machines, that any proceed received from a forced sale would go
not only to the cost of the fees but also to the expense of the city in
carrying out this administration. He added that this is the overall
concept here that they are dealing with.
C/M Kravitz said he also noted a conflict in hours between the liquor
and the games as a Primary or Accessory item which is on top of page 6.
He said he thought he would like to see that as separate items, showing
that separately rather than one ordinance, maybe even have that as
designated enclosed areas for each part.
Jon Henning stated that if an establishment has a liquor license, they
all know how difficult it is to have a liquor license. There are
separate agencies in the State of Florida that regulate businesses that
have liquor licenses and the theory of this ordinance was that the City
would not necessarily step on the toes of those agencies that have
already established hours and requirements for liquor establishments.
They are under the regulation of ordinances in this City and State
Regulations and to have them conflict would not be what was intended.
The intention was if there was a liquor license inthe establishment,
number one there would be a likelihood that would be more adults than
children, and number two that there is enough requirements under the
liquor establishment. He added that whether there was ever a disturb-
ance, regardless of whether this ordinance is here or not, the police
are always available to quell any disturbance or any unruly people or
anything like that.
Jon Henning added that there is a law of disorderly conduct that governs
all of this and the theory was that where liquor licenses are, the City
would not try to conflict with those regulations with the hours. C/M
Kravitz added that on Page 6, Line 6 the ordinance speaks of "conduct of
business shall be supervised at all times by a minimum of one (1) person
over the age of twenty-one (21) years", which is the security. First of
all the ordinance does not say what type of security, it does not go into
when they close, will the security be on for 1 hour after they close, so
that the people going to their cars, have that security. He added that
he would like to see more security than what is expressed in the present
proposed ordinance. C/M Kravitz added that this ordinance requires a
lot of thought and he thought that by passing this, whether it be first
reading or looking into it between now and the second reading, he thought
there was an awful lot in the ordinance that should be checked.
_10- 10/27/82
/nrr
Jon Henning stated that sometimes when you are overly specific that
they are making loopholes and exclusions. He added that the spirit
of this ordinance is the control and security that the City had
anticipated would be a problem; we did not go down to those details
but if that was what Council wished to address themselves to, he
thought they could address those amendments in the interim before
the public hearing. Jon Henning stated he would be happy to work with
C/M Kravitz if he wished during the next two weeks if they had some
suggestions.
C/M Kravitz pointed out on page 6 line 15, where he would like to see
that the Chief of Police or his designee ha w the right of arrest or
the right to enter the premise if there is some disturbance. Jon
Henning said that exists already, in the State of Florida rules, not
in the City's ordinance. C/14 Kravitz said he would go along with the
City Attorney if he felt there was no need for this in the City's
ordinance.
Jon Henning had a few items he wished changed; on Page 5 line 28,
Section G, the end of the line, strike the word "for" and insert the
word "in", as he believed that was the intent there.
He continued that on Page 6, Line 19 he would suggest a title change,
striking "Special Exception Requirement" and in its place put "licensing
hearing". On the next line, line 20, "no amusement center, primary or
accessory, insert the word "license" shall be, strike "allowed" and put
"issued". Continuing on Line 24, he would suggest "planning commission
prior to consideration by the city council".
Ray Munitz asked the City Attorney whether
in a prior setup of the ordinance, in so far as the request
of the police, was there a sentence that said "approval of said licensee
would be contrary to the public health, safety, morals or general welfare
of which event such licensee would be denied a license. He asked the
City Attorney why that sentence was removed from this latest draft:
The City Attorney said that he believed what Mr. Munitz was referring to
and the way that will be solved, is that the Council will have the final
word, that apparently was the veto power of the police chief to preclude
this license from getting to Council. He added that the license can still
be rejected, but that will be Council's determination not the Police
Chief,
Ray Munitz said with all due respect, who is more qualified then the
Police Chief to give an opinion in this area. The City Attorney said
that certainly Council, if they wish to ask the opinion of the Police
Chief could have the benefit of his background. He added that the Police
would certainly have the investigation and give it to them. Mr. Munitz
added that the Council turns to the City Attorney for legal opinion, and
his opinion is what they rely on, and the Council turns to the City
Planner for his opinion and his expertise, why shouldn't the Council have
the right to turn to the Police Chief for his opinion, which would be
binding on the Council.
The City Attorney said that was the whole point, binding. Council has
been elected to use their judgement and they receive a lot of input on
a lot of subjects. If it is planning, they may receive the input of the
City Planner, but the actual vote goes to Council. Mr. Munitz asked if
they were degrading the responsibility of the Police Chief? Jon Henning
said if he wished to follow that line of thought, then he will write the
best ordinance he can and will make that law, but the way the system works
is Council has the input and they vote on it so he can not force this
ordinance on the City and the Police Chief cannot force or veto a business
from the City. Council has the final word as they were elected for the
input, so instead of acting on the theory of due process of having a hearing
or having their day in City Hall, these applicants will come to Council to
be heard and also for that matter, for the public to be heard, because the
public might not be heard if the Police Chief was to work in his office.
-11- 10/27/82
/nrr
Ray Munitz said that if the Police Chief would deny it, he was sure
that that was good enough for the public. The City Attorney said it
may not be, and then at least at a public hearing he could agree or
disagree with the Police Chief and have his input too. Mr. Munitz
asked if this clause had been left out intentionally. Jon Henning
said that it had been.
C/M Disraelly asked Mr. Munitz what would happen if the Police Chief
approved one, that they dissapproved. Mr. Munitz said they would go
to Council. C/M Disraelly said now Mr. Munitz said go to Council and
the other one he had said the Police Chief has the authority. Mr.
Munitz said that if the Police Chief says that in his opinion this
license should not be issued, it is contrary to the general health,
safety and welfare of the people, certainly the Council would not say
our Police Chief does not know what he is talking about.
C/M Disraelly said that the Planning Commission which -is only an advisory
board, and so is the Police Chief to the Council. CIM Disraelly added
that he has no authority in the City other than to make arrests. He added
that he has no authority to grant licenses or permits or anything else.
C/M Disraelly stated that there were certain things that the Planning
Commission has approved and Council has denied and they have also approved
things that they have denied.
C/M Disraelly MOVED the ADOPTION of Temp. Ord. #967, revised 10/21/82,
as has been amended today, including suggestions made by City Attorney
as part of the Motion. C/M Krantz SECONDED.
VOTE: C/M Krantz - AYE
C/M Kravitz - NAY
C/M Disraelly - AYE
V/M Massaro - AYE
14. SOUTHGATE GARDENS, INC. (7300 Southgate Boulevard) -- Discussion
and possible action on: -
a) Acceptance of utility easement for drainage purposes - Temp.
Reso. #2485
b) Acceptance of utility easement for water purposes - Temp. Reso.
#2486
c) Acceptance of utility easement for sewer purposes - Temp. Reso.
#2487
SYNOPSIS OF ACTION:
a) APPROVED Temp. Reso. #2485 RESO. NO. R--82-305 PASSED.
b) TABLED, for further review and
scrutiny by City Engineer
c) TABLED for further review and
scrutiny by City Engineer
a) Jon Henning read the Resolution by title.
C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2485 utility easement
for drainage purposes. C/M Krantz SECONDED.
VOTE:
ALL VOTED AYE
b) C/M Disraelly had spoken with the City Engineer on this matter and he
would suggest and MOVE the TABLING of Temp. Reso. #2486 and Reso. #2487,
as the City Engineer would like to scrutinize and review both of those
agreements before Council acts on them. C/M Disraelly MOVED these items
be TABLED to the next regular meeting. CC/M Krantz SECONDED.
0011 2F
ALL VOTED AYE
18. DRAINAGE IMPROVEMENTS IN THE CITY - Discussion and possible action.
SYNOPSIS OF ACTION:
Mainlands 7 - HELD for
Consent Agenda at next
Regular Meeting.
--12- 10/27/82
/nrr
Tape V/M Massaro said that they had not really even started Section 7
3 they have just taken photographs and other minor things have been
done, but they had not actually started the drainage improvements.
C/M Disraelly said he had a memo from the City Engineer to the City
Manager, referring to Florida Power and Light work in relocating
cables required for the installation in Mainlands 7. He asked if
Council wished to hold this item for the consent agenda on the next
regular meeting agenda as there was no urgency. He just wished to
call their attention to it as they were all in receipt of the memo.
25. Banyan Lakes - Water and Sewer Agreement - Discussion and pos-
sible action.
SYNOPSIS OF ACTION: Held for the
afternoon. (See Page 19).
C/M Disraelly said that about 10 days ago, he had sent a memo to
Alan Ruf as he had been working on this project, and he had informed
Alan that when he was riding down Bailey Road, he saw two new buildings
under construction at Banyan Lakes. C/M Disraelly continued that
he knew that the City had an agreement with Crestmark Corp. about
not doing any work until certain payments were made. C/M Disraelly
said he had checked with the Finance Department and found that these
specific payments had not been paid and no new payments had been made
for the new construction. He added that there was a memorandum dated
10/26 from Alan Ruf that states Crestmark is putting up two new
buildings but has not paid any ERC on those new buildings. C/M
Disraelly said that when the. City approved the amended agreement in
May, he was in default in interest for roughly $16,000. Tie had also
paid this default of guaranteed revenues of $750 and he had reimbursed
the City for $600 for work done. He was to pay $10,.00.0 toward an
outstanding obligation of $29,790, which apparently he did not pay.
The applicant agreed to pay $2,000 per ERC for future construction
of which $1,000 would be applied to the new ERC and $1,000 toward
the outstanding balance.
C/M Disraelly said in order to protect the two new buildings under
construction, Crestmark is suggesting the agreement be amended
again which will require their payment of:
1. $8,000 upon this approval, $4,000 for building 3, $4,000 toward
indebtedness.
2. $8,000 on 11/5 - $4,000 toward a new building and $4,000 toward
indebtedness.
3. $5,000 toward 2-1/2 ERCs for the clubhouse reducing the balance
to $2,500.
4. $10,000 applied against $29,970 by 11/5/82.
He will have paid the clubhouse ERCs and the buildings under con-
struction.
C/M Disraelly stated that Crestmark assured him that $19,790 unpaid
ERCs will be paid no later than 12/7/82. Mr. Ruf, in his memo,
recommended that if Council approves this it be with the stipulation
that if Crestmark fails to meet the payment dates, no further water
meters be provided until the entire amount is paid.
V/M Massaro said she would not act onfthis now because of all the
problems the City has had with them and the way in which they do
business.
V/M Massaro continued that she would like to know what the City's
Position was at this time. C/M Disraelly said they were building
in the County, and permits were being issued by the County. Council
had requested the County not to issue permits because of the sit-
uation, but they did and would continue to do so. It was stated
that the project being built in the County, precludes the City
action other than withholding water meters or cutting and sealing
the water to the project.
- 13 - 10/27/82
/nrr
V/M Massaro added that the City had already disconnected their
water and not given them a meter, and they put their own hook-ups
in. It was decided to hold this item to the afternoon so the City
Attorney could review the City's options.
C/M Disraelly said that the Water Department was out there today
to cut and seal the water for these two buildings. Jon Henning
suggested that this be raised this afternoon at which time Council
may wish to Table if there is nothing that can be determined.
19. Cit Council Re orts
C/M Krantz - No report.
C/M Kravitz said he would like to officially welcome new
residents that are in Chambers this morning and he hoped that they
were getting an idea of what the Council does. He proceeded to
ask that Council members, City Attorney, City Manager and the
Clerks share the mini -lunch with them after recess. He added that
he did not send copies of the Welcoming Committee minutes to each
member of Council and their letter was asked to be distributed with
Council's comments on the budget.
C/M Disraelly said that he and the City Manager were at a
meeting of the Solid Waste Committee in the County Courthouse on
Monday. After the meeting the City Manager and he went to Judge
Birken's court where they listened to four cases involving "driving
under the influence". C/M Disraelly said that he found out what
the penalties are and he hoped he never gets caught in that situation.
C/M Disraelly went on to inform Council of what the penalties were.
He continued that the Chief had received a report from the Broward
Medical Examiner's office, concerning the first quarter of DUI law.
In July, August and September, 1981, there were 65 traffic deaths.
Since the new law went into effect, for those same 3 months, there
were only 28 fatalities; a reduction of 50%, so apparently, that
law is working.
C/M Disraelly discussed a memo Council received that the City has
earned an award for pedestrian safety as the City has gone for one
year without a pedestrian traffic fatality. Only 5 cities in
Broward County were so honored and the Chief will be attending an
award luncheon on Thursday to receive a plaque in recognition.
C/M Disraelly discussed the resource recovery meeting and stated that
Floyd Johnson had been asking the City Managers to come to explain
what they are trying to do. They are now taking a new route and
this was their second meeting.
20. City Manager Report
Laura Stuurmans continued that Mr. Johnson indicated that, based
upon considerations and hearings that were held after discussion of
the land fill site proposition, that it does appear that the County's
direction now will be for a total program of resource recovery. She
added that members of Council recall that the cities were presented
with a model contract from the County for their participation in a
County -wide solid waste collection program. The County is modifying
that agreement at this time with the hope of presenting the contract
to the City within the next 10 days.
The City Manager added they had hoped by the end of November to
have all the cities sign their contracts. Most of the cities agreed
that it was absoultely impossible since the terms of the contract were
still very nebulous. She added that Don Sawyer of Coral Springs,
made a suggestion that if the County desired to move forward and
request the proposals from potential builders of a resource recovery
system, that they could include a projection on the number of cities
- 14 - 10/27/82
/pm
that have expressed an interest in participation. She said all
the cities seemed comfortable with that and Tamarac would be getting
correspondence from Mr. Johnson's office and the contracts. She
said it will be interesting if Council will look in their files
at that time, how much change has occurred in the contract that
Mr. Birken had commented on two years ago and the contract that will
be presented to the City in the next few days.
C/M Disraelly said that one of the items that was brought up was
what did they do with the 201 Program and why they did not go ahead
with it and now no one knows what they are doing with it and would
this happen with the new program.
The City Manager said that both Mr. Johnson and Mr. Jenkins agreed
that they had nothing to do with that. C/M Disraelly stated what the
County did not know whether total exposure will be through the
private secter or through the County or by the cities. First, the
City has to determine who owns the garbage and trash and pass that
Resolution and the City has to decide what the City does with the
contract they have with their garbage disposal people. The City has
to determine if there will be one plant or two with a central transfer
station. Whether they will build one plant in the north and south
or whether they just build one in the south and continue to use
Waste Management's dump in the north and how much they have to use
over there.
C/M Disraelly continued that they did not know what they would do
with FP&L to use -the electricity. They do not know what size plant
to build and they know they cannot use the land fills much longer.
They want to go to a request of proposal and they have not come to
any conclusion and they do not know what the City Manager has
indicated. Yet they want the City to agree to go ahead and do it.
C/M Disraelly added that what they were saying in essence was if the
City does not go in with them, they will have to find a place to get
rid of their own garbage.
The City Manager added that they would be building for a 5 year
projection only because to build according to everyone's land use
buildout would not be economically practical at this time.
V/M Massaro said she thought that there was no need to discuss this
as it was very premature. When the County has factual information
they can give it to the City. C/M Disraelly added that at a prior
meeting Council had passed a Resolution to ask them now to use
Site "H" on Copans Rd. as a dump, and they have agreed that that is not
the proper place to put another land fill.
21. City Attorney Retort
The City Attorney added that he had attended a Labor Law Seminar in
Tampa and there were many benefits derived from that and he told
Council that there was much discussion regarding the latest update
in Labor Law dealing with unions and relations between unions and
management, which is very important here in the City since there
are a few unions that the City deals with on a continual basis.
Jon Henning pointed out that several other cities in Broward County
contributed to the discussion.
19. City Council Reports
V/M Massaro reported that she attended the 201 Planning Council meeting
on the Regional Sewer Treatment and she said that nothing happened
other than their asking the City to come in at the next meeting to
respond to whether or not the City is going to participate to the
full entent in the 201 Program and they expect to take a vote at that
time.
- 15 - 10/27/82
/pm
V/M Massaro added that the City had been non -committal on the subject.
The material that they gave the City was too extensive to try to
evalute at that time and she suggested that they take the material
back and study it and they suggested that the City be prepared at the
next meeting to respond to whether or not they will participate in
the program.
V/M Massaro said she would like to know whether the City Manager had
made a determination that the changes made in the street lights is
working out the way the City had hoped. She said that if the City
Manager had not made that determination, would she please look into
that. The City Manager answered that in certain areas there are
complaints. She said she thought that a lot of that is based upon
the minimal amount of lighting that they had previously and the tact
that the conversion lumination does not appear to be strong enough
for people who live and drive in that area. She added that Mr.
Keating is reviewing that with representatives of FP&L for the
possibility of increasing the lumin power in those areas, or perhaps
adding poles in those areas.
V/M Massaro said that the thing that disturbs her about that is that
by adding lumin power, the City is increasing its costs. She said
it was told by them that they would not be increasing the cost by this
change but that the City would have the same amount of power as they
have now. She added that does not seem to be working. If the present
lighting system is adequate, why should the City want to increase
their cost to arrive at the same thing that they have now. She hoped
that the City Manager would take that into consideration and, in the
meantime, that the conversion had been stopped until that type of
determination has been made.
The City Manager stated that in the areas where there has been a
complaint, it is her understanding from Mr. Keating that the conversion
has been stopped. V/M Massaro said she did not believe that that was
the only place that should be stopped. She thought that it should
be stopped until a determination has been made that the City is
getting at least what they had before and if the City is not getting
as much as it had before, why would the City want their conversion.
She added that they were not doing the City any favor.
C/M Disraelly asked if the conversion was 20% less cost per pole.
V/M Massaro said she was told by the City Engineer that there is no
reduction in cost. She did not think that the City had any reduction
in cost anywhere and has the City benefited in any way. She added
that the City Engineer had read that the color of these new lights
were such that as people grew older and their eyes changed, they
adapt better. The City Manager suggested that Council consider this
at a meeting when the City Engineer could address the specific
research that he has had.
The City Manager added that it was her understanding that, while the
City has committed to the conversion, the conversion is a process and
over the next few years will become mandatory. V/M Massaro asked the
City Manager to look into this further and the City Manager said the
information that the City Engineer had given to V/M Massaro would
benefit them all to get a formal presentation from him.
THE MEETING WAS RECESSED UNTIL 1:30 P.M. FOR LUNCH.
Tape MEETING WAS CALLED TO ORDER, ROLL CALL TAKEN AND ALL PRESENT.
3
10/27/82
/pm
16. Toll Development Corp. - Tem . Reso, #2.497 - Discussion and
possible action on:
a) Release of a cash bond posted for Woodmont Tract 59 pertaining
to a temporary platting waiver and acceptance of an assignment
of a portion of this bond to Southgate Gardens East/Mission
Lakes for Parks and Recreation fees due.
b) Refund of balance of bond on Woodmont Tract 59 and overpayment
of Parks and Recreation fees on Southgate Gardens East/Mission
Lakes due the developer.
SYNOPSIS OF ATION: APPROVED with RESOLUTION NO. R�, -� P.J PASSED.
conditions,
Jon Henning read the Resolution by title and V/M Massaro said that
Toll Development owed a total of $21,000 for recreation fees on this
project. Mr. Toll had paid $16,180 which left a balance of $4,820.
He later -gave the City a check of $5,000 to apply against the project
which was to be platted before the bond would be released and he
assigned that bond to the City. She said this bond was to be released
and accepted in the City's own funds upon information that would
tell us that the plat had been recorded. She added that he further
paid $2,910 which he had determined was still owed on recreation fees
but was not. She said he had a refund of $3,090 due to him and this
was verified by the Finance Department,
C/M Disraelly had also gone over this and he MOVED the ADOPTION of
Temp, Reso_ #2497, SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
25. Banyan Lakes - Water and Sewer A regiment - Discussion and pos-
sible action.
SYNOPSIS OF ACTION: Held for
discussion until 11/l/82.
g �Corp.water and sewer 21g4 concerning an
V M Massaro said that this would be Temp. Reso,#
agreement with Crestmark Cor wer payments.
The City Attorney said he had been reviewing the backup and would
prefer more information on this. He said Alan Ruf had worked on this
and he would meet with him to obtain his input. V/M Massaro said
there was no need to table this as it would be held for discussion
on Monday, 11/l/82.
15. Shell_ Oil Company - Discussion and possible action on a request
for waiver of platting requirements for a service station located
at the northwest corner of State Road 7 and Commercial Blvd.
SYNOPSIS OF ACTION: APPROVED with
conditions, b) Agendized by Consent.
(See Page 18)
V/M Massaro pointed out that they did not have a spinkler system in
this area and they would have to use the manual sprinkling, and it
would be a very costly thing to put in. She said in each instance
where there is a landscaping area which says "add new sod", she
changed that to "bahia sod" which is more hearty. She added that the
trees were changed from buttonwood to black olive and mahogany --.and
the planter on the Commercial Blvd. side containing the two buttonwoods
and lagnstrum be moved to the 441 side.
C/M Disraelly asked if that was in both locations and V/M Massaro
said what she wanted was wherever it said buttonwood she would like
them to have black olive. She added that on 441, where there are two
black olive trees, there should be bahia grass as well.
- 17 - 10/27/82
/pm
V/M Massaro said if they went along to the left of that, this is
to be a concrete planter to break up the long span of asphalt on
both sides, which are driveways and that concrete planter should
be 36" high of concrete block and stucco. She said instead of 18
dwarfed crown of thorns, the City Planner suggested that they have
3 dracaena and the asparagus hanging type of fern, because that
does not require a lot of attention.
V/M Massaro continued to the other corner where it has existing
landscape area, replace the sod with bahia sod and install sod and
install 5 crotons. C/M Disraelly added that will have a curb around it
when they finish since there is no curb around either of those
corners. V/M Massaro stated that all three corners will require
curbing and in one of the corners where the dumpster was that had to
meet current requirements as far as having an opening, which is
indicated on the plan. C/M Disraelly added that they also needed a
walk-in opening.
Tape C/M Disraelly added that a mixture of black olive or mahogany could
4 be used interchangeably so that they will not all be the same and
there should be no difference in cost. V/M Massaro said Council had
a memo from the City Planner that the trash enclosure must be
constructed around the dumpster. Tires and other storage would be
in that dumpster and the applicant agreed to this. She added that
the louvered wall was to be repaired and a hedge should be installed
on 441. C/M Disraelly asked if they could put the same type of
planter on the 441 side as is being suggested on Commercial Blvd.
The City Manager informed the City Planner that Council had made
some changes on the plan which conform with the discussion already
had with the Vice Mayor such as changes in the types of trees. The
City Planner said there is landscape on the 441 side and on Commercial
Blvd. the planter box is needed because there is no green opening.
V/M Massaro questioned what could be put into that entrance and the
City Planner said they would put in a permanent areca hedge which
would not require watering after planting.
C/M Disraelly MOVED to Agendize by Consent b) Discussion and possible
action on a request for waiver of platting requirements for a
service station, SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
C/M Disraelly MOVED the waiving of the platting requirement at the
corner of Commercial Blvd. and 441 concerning the site plan presented
to Council on this date with the conditions:
1. All trees shown shall be interchangeably black olive and mahogany.
2. There shall be extruded curbing at all three corners that do not
have extruded curbing at the present time, surrounding the sodded
areas.
3. That wherever sod is installed, it shall be bahia sod.
4. That there shall be a man -opening in the dumpster enclosure in
the northwest corner.
5. That in the southwest corner, five crotons shall be planted, where
the pay station is. k
6. On Commercial Blvd. between the driveways, there shall be a 3' high
cinderblock stucco and pointed planter, which will contain a mini-
mum of 3 dracaena and asparagus fern hanging down.
7. In the southeast corner surrounding the existing sign, there shall
be bahia grass and six crotons planted in a manner that will not
obscure the sign from visibility.
- 18 - 10/27/82
/pm
8. In the area on 441, where there is presently sod, that there shall
be areca palms placed, #3 cans, at least 4' high, at 24" on
center, all sod will be bahia sod.
9. In the northeast corner, where there will be extruded curbing,
the new sod that will be placed there, will be bahia sod,
together with the asparagus fern as shown on the plan behind the
service station where the trees will be planted, the ground
cover will be mounded or bermed at that location.
10. That the trash enclosure will be constructed around the dumpster,
where there will be tire and miscellaneous storage permitted
only in that dumpster enclosure and it is to be made large
enough to handle that.
11. That the louvered wall surrounding the station shall be repaired.
12. That the trees that are shown around the circumference will be
greater than every 301.
13. That all fees required for the installation of the replacement
tanks shall be paid to the. Building Department.
14. For the landscape and proper fees paid for the certified cost
of the landscaping that will be installed.
15. Richard Rubin is to determine if there is a site plan on file, if
it is, this is a revised site plan, if not then it is a site plan.
Appropriate fee in either case .is to be paid. If this is a
site plan, the fee will be $600, if a revised site plan, the
fee is $175.
Mr. Milton Shaw of Shell Oil agreed that all the above -mentioned
changes were fine. C/M Disraelly said the City's concern was with
the above and below ground environment. C/M Krantz SECONDED the
MOTION.
VOTE: ALL VOTED AYE
17. University Drive - Discussion and possible action of proposed
service road concept plan on the east side of University Drive.
SYNOPSIS OF ACTION: ACCEPTED proposed
service road concept plan as presented
by the City Planner and City Engineer.
Richard Rubin said that Council has shown concern for a comprehensive
design of the service road along University Dr. He said Broward
County has not been of assistance in the designing of this and he
said that until 1978 they had a design that showed one lane going
south on the east side of University Dr. with angle parking. The
Sunflower Shops designed their service road like the County wanted
because they worked with the County. He added that the County's
cross-section shows two lanes wide, two directions without angle
parking, they have changed their design. He said that this Council
is saying that they want to make sure that each parcel works with the
one north and south of it for continuous flow of traffic, plus the
City has Mr. Himber.
Richard Rubin said the City Engineer required the developers building
along this road; namely, Mr. Kramer representing Executive Center,
Mr. Frybergh representing the Fireman's Fund and the building to
the north which he has in for site plan approval, to work together
to create a comprehensive design. He said they should remember that
the City wants to make sure that the access is contiguous and,if
possible, make it southbound and that the entrances have enough
turning radius so that trucks can also utilize this road.
C/M Disraelly questioned whether the property south of Tropical
Gardens Nursery to 76 St. would tie in with this and Richard Rubin
said he would like Council to understand that this concept is not
only working here but could work for north and south. Mr. Rubin
stated that when each parcel came in they would have to be worked
on as an individual basis to make sure that they have adequate
10/27/82
/pm
turning radius. Richard Rubin said the applicant has agreed that
the ultimate design will be southbound and the location of that
southbound lane will begin 9' west of the ultimate 100' right-of--
way line. V/M Massaro wished to clarify the question of Tropical
Gardens Nursery and asked if they could arbitrarily say that his
parking lot is now a thru-way. Mr. Rubin agreed that the plat
recorded in 1972 stated that there was an 83' ingress/egress
easement up and down the property that gives the City the public
right to go across it. V/M Massaro asked if any of his parking was
in or would he have to alter his parking and the City Planner said
the applicant has verbally agreed with C/M Disraelly and himself
to alter it according to the design. He added he will contact Mr.
Frybergh to put in his parking lot.
Mr. Rubin said the plan shows the parking is facing the western side
of the gravel area and he will put the parking at the east side of
the roadway and pave the additional area. V/M Massaro asked how they
would get into the area to go and visit and Mr. Rubin said there
were three approved entrances in this direction of University Dr.,
one by Mr.Himber and one at Executive Center and one by Sunflower
Shops and the County Commission has approved all three entrances.
C/M Disraelly said that at the present time, of one comes in at
Sunflower, they can only go south and Fireman's Fund and the other
Frybergh property will only be able to be approached through
Executive Center and going south. Richard Rubin said that they
were making certain that on his site plan he puts the words "temporary
northbound" so that when the City wants the conversion they can get
it. C/M Disraelly said the only way to get in and out is southbound
and Richard Rubin said they could get in 3 places southbound and
circulate back on University Dr. C/M Disraelly pointed out that
ultimately, when it is developed south of the nursery, the same
road will continue down to 76 St.
V/M Massaro said the City Engineer has approved the plans and C/M
Disraelly added that now it is two way and will ultimately be one
way. He repeated that north of Sunflower where there is nothing
but the possible gas station on the corner, the same concept will
prevail, one way south from that gas station to 82 St. V/M Massaro
said all the work required to accomplish this will be paid for and
developed by various persons who are developing property adjacent
to it or people who are already there who have agreed to make the
necessary corrections to make this a viable plan. C/M Disraelly
said, concerning the nursery, the City gave him a waiver for parking
his trucks, etc. and he paved that with crushed stone. He added that
when Frybergh, the nursery, puts in Fireman's, they have agreed to
pay Frybergh for the paving of his lot so that it will all be
asphalt when Fireman's goes in. The west area will be for parking
and there will be temporary two way traffic across the nursery which
ultimately will become one way.
The City Planner wished Council to acknowledge the concept of the
service road and C/M Disraelly said that he had spoken with Mr. Himber
about some "Do Not Enter" signs to be located by each developer to
prevent people from turning north in each one of the instances in
order to control the flow. V/M Massaro said that now primarily the
responsiblity lies with the City Planner and the City Engineer to
see that this is followed through.
Tape C/M Disraelly MOVED that Council accept the concept of a reverse
5 flow service road on the east side of University Dr., SECONDED by
C/M Krantz.
VOTE: ALL VOTED AYE
-- 20 -
10/27/82
/pm
J
11. Colony West Country Club - Temp. Reso. #2492 - Discussion and
possible action to release a canal reservation on the Executive
Course.
SYNOPSIS OF ACTION: APPROVED
RESOLUTION NO. R J PASSED.
C/M Disraelly pointed out that on the most westerly part of the golf
course, adjacent to what will be Nob Hill Rd., there is or has been
a canal. He wishes to know how the reservation release would affect
it. The City Engineer said the function of that ditch is to pick up
run off from the golf course and eventually will pick up the run off
from Nob Hill Rd.
C/M Disraelly said that 3 or 4 years ago it was a relatively deep
hole and today you could almost walk across it. C/M Disraelly asked
if they release this, could that become solid ground again and the
City Engineer said that it probably could depending on whether it was
in the right-of-way for Nob Hill Rd. Then it could possibly become
solid ground and act somewhat as a swale in that area that is
constantly dry. He continued that whenever we do have a rain storm,
that it will act as a ditch and channel it north.
The City Engineer said he sees no problems because of it and he has
nothing in his files that would indicate that this will be a problem.
V/M Massaro asked if the City could require them to have a drainage
ditch there and the City Engineer said the City should have a site
plan in house for that Executive Golf Course. He said if the site
plan shows a ditch along that area, then he thought that the City
does have same recourse in making them do improvements if necessary.
Assuming that the ditch is in the right-of-way for Nob Hill Rd.,
it will include the necessary drainage facilities via pipelines
which will then make the ditches unnecessary.
V/M Massaro reiterated that the question was, does any of this have
any affect on the City's releasing the canal reservation and the
City Engineer said he would recommend releasing the canal reservation.
C/M Krantz MOVED the APPROVAL of Temp. Reso. #2492 recommending the
release of canal reservations for the Colony West Executive Golf
Course; Section 8, Township 495, Range 41E, South Florida Water
Management District, SECONDED by C/M Disraelly.
VOTE: ALL VOTED AYE
9. Broward League of Cities - Discussion and possible action.
SYNOPSIS OF ACTION: C/M Disraelly
reported.
C/M Disraelly said he had received a letter from Kurt Volker, relating
to the Board of Directors meeting, which was held last week. He
added that there was a summary of the Board minutes of 10/7/82.
He reported that the screening committee appointed the individuals
to the central examining boards. He added that they had authorized
a payment of $2,000 to Milledge and Hermelee for the appeal of the
plat decision. C/M Disraelly said that they agreed to establish an
ad hoc committee to work with Floyd Johnson in an attempt to resolve
funding of EMS vehicles in the Broward cities. He added that they
are going to have a government efficiency study committee, chaired
by Charles Boyd to review procedures of practices concerning adjoining
jurisdictional zoning. He stated that this was brought up because
of the unfortunate situation that happened with the Mayor so they will
have a committee on that.
C/M Disraelly said they will be moving the dinner meetings to various
locations in the County and the next meeting, which is 11/18/82, is
to be held at Lighthouse Point Yacht and Racquet Club. He said they
declined on taking a position on asking the Florida League to
guarantee small city representation on the Board of Directors.
- 21 -
10/27/82
/pm
r
C/M Disraelly said there was also a discussion of sludge treatment
and disposal. There is the County/City Laison meeting, where they
talk about the 1G Sales Tax and Jerry Thompson presented a discussion
on that. He added that they want to modify the County building code.
Mention was made of the water resources management report, the solid
waste issue with the reorganization of the water advisory committee
to reflect all water interest, potable wastewater and surface storm
water and recommendations. He said that the next general meeting
will be 11/18/82 at Lighthouse Point.
C/M Krantz said the Mayor has recommended him for the ad hoc EMS
Committee along with Laura Stuurmans and they have accepted. V/M
Massaro suggested that any time there is material from the Broward
League of Cities that C/M Disraelly feels is important for Council
to see, that he route it and have it returned to him and if anyone
wants a copy they can have one.
C/M Disraelly said there was a box in his office for paper collection
and if V/M Massaro wished she could throw her papers in there as they
were still making paper collections in City Hall.
MEETING WAS RECESSED AT 3:30 P.M. TO BE RECONVENED ON 11/l/82 AT
1:30 P.M.
MAYOR
ATTEST:
In 4►
-NeRriwei up an
This public document was promulgated at a cost of $ or $ �a,17'3
per copy, to inform the general public and public officers and employees about
recent opinions and considerations by the City Council of the City of Tamarac.
=PAC
APPROVED BY
10/27/82
/PM