HomeMy WebLinkAbout1982-11-10 - City Commission Regular Meeting Minutesr
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CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR MEETING AGENDA
WEDNESDAY, NOVEMBER 10, 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 given a speci-
fic 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. Alzheimers Disease - Presentation of a Proclamation by Mayor
Falck designating the week of November 21, 1982, as "National
Alzheimers Disease Week."
BOARDS AND COMMITTEES
11/10-Pg.3,
Proclamation
presented.
2.
Public Information Committee - Announcement of one vacancy
11/10 - Pg. 4,
existing, on this committee.
Announcement
made by Mayor.
If
anyone is interested in serving on this committee, please con-
tact the City Clerk's Office for an application.
3.
Welcoming Committee - Discussion and possible action on:
a) Acceptance of resignation of Patricia Ann Grillo.
b) Appointment of two members to this committee by Temp. Reso.
11/10-Pg.4,5,
a) Approved
b) Appointed 2
# 2 4 9 9 .
members.
TAMARAC UTILITIES
4-
East - Large User Wastewater A reement Amendment - Temp. Reso.
11/10 - Pg. 5,
#2500 - Discussion and possible action to authorize the appro-
APPROVED.
priate officials to execute an Amendment to the Large User
Agreement with the City of Fort Lauderdale.
5.
West - Wellfields - Discussion and possible action to authorize
11/10-Pg.7,8,
additional funds to be paid to Williams, Hatfield & Stoner, Inc
Approved pay --
for work on this project. (Tabled from 10/27/82) .
went.
CONSENT AGENDA
6.
Items listed under Item #6, Consent Agenda, are viewed to be
11/10- Pg.8,9,
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) Approved.
a)
Mitchell Ceasar - Grants Consultant - October, 1982, retainer
of $1,250.00 and expenses of $19.00 - Total $1,269.00 -
Approval recommended by City Manager.
PA3E,TWO
b)
Richard S. Rubin -- Consultant City Planner - Services for
11/10-Pg.8,9,
October, 1982 - $2,347.50 - Approval recommended by City
b) Approved.
Manager.
c)
Superior Reporting, Inc. - 201 Facilities Plan public hearing
c) Approved.
$552.00 - 10/26/82 - Approval recommended by City Attorney.
d)
Superior Reporting, Inc. - Crawford vs. Weirdo and City of
d) Ppproved.
Tamarac hearing - $167.50 - 10/26/82 - Approval recommended by
City Attorney.
e)
Milledge & Hermelee - Services for 8/l/82 through 9/30/82
e) TABLED.
regarding Fort Lauderdale Executive Airport Runway Extension -
$297.50 - Approval recommended by City Attorney.
f)
Public Works Department - Authorization to go to bid for the
f) Approved.
following:
(1) Curber
(2) Two Metal Storage Buildings
(3) Front Loader Bucket for Ford 2000 Tractor
(4) Tractor/Loader/Backhoe combination with Trailer
g)
Commercial Garden Mall - Request for Engineering fee refund -
g) Approved.
Approval to remove this item ,from the agenda.
h)
Sunflower Drainage Modifications -- Approval to remove this
h) Removed from
item from the agenda.
Agenda.
i)
Beautification Committee - Appointment of one member - Approval
i) Approved -
to remove this item from the agenda.
PUBLIC HEARING - 10:00 A.M.
7.
Water and Sewer Rates - Tamarac Utilities West - Temp. Reso.
11/10 - Pg. 5,
#2498 - Discussion and possible action to establish and modify
"contribution
Approved as
-in -aid -of -construction" charges for new commercial'
atmnended.
and residential construction which have not yet contracted for
service. (rates of those customers already receiving service,
or who have contracted for service, will not be affected).
GENERAL ADMINISTRATIVE/FINANCIAL
8.
Grants Consultant -- Temp. Reso. #2501 -- Discussion and possibl
11/10-Pg. 3, 4,
action to renew a contract with Mitchell Ceasar.
APPROVED.
9.
Aetna Deferred Com ensation Program - Temp_. Reso. #2503 -
11/10 -Pg.9, 10,
Discussion and possible action to authorize appropriate offi-
APPROVED.
cials to execute an agreement for deferred compensation deduc-
tions for interested employees.
10.
Solid Waste Disposal - Temp, Reso, #2504 - Discussion and
-To —authorize
11/10 - Pg. 10,
possible action the appropriate officials to
TABLED.
execute an agreement with Broward County for solid waste
disposal and resource recovery.
11.
State Road 7 (441) - Temp. Reso. #2502 - Discussion and possi
11/10 - Pg. 6,
ble action to assist non -governmental entities with the com--
APPROVED as
mercial revitalization of businesses on State Road 7 (441)
Amended.
within the City and to proclaim "441" as "Gateway to the New
West."
12.
Broward League of Cities Business - Discussion and possible
11/10 - pg. ll,
action.
No information.
J
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PAGE THREE
LEGAL AFFAIRS
13. Limited Agricultural (A-1) Zoning District - Temp. Ord. #885
Discussion and possible action to amend Code Section 28-171.2
to permit distributor transformer stations and setting forth
conditions for such use within this district. Second Reading
(Public Hearing held 7/22/81) (tabled from 9/22/82).
14. Land Use Plan - Temp. Reso. #2505 - Discussion and possible
action to approve revisions to amendment No. 4 pertaining to
transportation as requested by the Broward County Planning
Council as a prerequisite to recertification.
PUBLIC HEARING -- 2:00 P.M. to 2:45 P.M.
15. 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. Second Reading.
The only public hearing on this item will be held on Wednesday,
November 10th, as advertised, however, action by Council will be
deferred to 11:00 A.M. on Wednesday, December 8, 1982.
COMMUNITY DEVELOPMENT
16. Financial Federal Savings & Loan Association - Bond Release --
Temp. Reso. #2301 - Discussion and possible actionlon a reques
to release a performance bond subject to receipt of a one-year
warranty bond (tabled from 6/23/82).
17. John Abbaticchio Warehouse - Discussion and possible action on
a) Site Plan - Temp. Reso. #2508
b) Landscape Plan
(to be located at 5500 NW 22nd Avenue)
11/10-Pg.1.4--17,
TABLED.
11/10 - Pg. 11,
APPROVED.
11/10-Pg.18-29,
Deferred to
12-8-82 mtg.
11/10 - Pg. 1,
TABLED.
11/10 - Pg. 3,
a) & (b)APPVD.
18. Heftler Homes - Performance Bond - Temp. Reso. #2518 - Discus- 11/10- Pg. 1,
sion and possible action to call a performance bond posted for Removed from
the installation of sidewalks if required fees are not paid. A enda.
19. Continental Plaza - Revised Site Plan - Temp. Reso. #2519 -
Discussion and possible action on a revised site plan for a
ground sign.
20. Boulevards Section - Revised Site Plan - Temp. Reso. #2520 -
Discussion and possible action on a revised site plan for a
fence at the swimming pool at the clubhouse.
21. McNab Plaza North (Sheppard Plaza_) - Discussion and possible
action on Amendment No. 2 to the Water and Sewer Developers
Agreement.
22. Tamarac Jewish Center - Discussion and possible action on
request for one-year extension to the provisions of Code Sec-
tion 7-31 requiring screening of equipment on roof (tabled
from 10/27/82).
23. Mainlands Section 6-A -- Temp. Reso. #2447 -- Discussion and
possible action on request for encroachment of an easement on
Lot 1, Block 126 (tabled from 10/13/82).
24. Tropical Gardens Nurser - Tem . Reso. #2327 - Discussion and
possible action after review of a temporary limited parking
waiver granted on 7/8/81 under Petition #8-Z-81. (tabled from
9/8/82) .
11/10-Pg.11, 12,
TABLED.
11/10 - Pg. 12,
APPFDVED .
11/10-Pg. 12,
APPROVED.
11/10 - Pg. 1,
TABLED.
11/10 - Pg. 12,
APPROVED.
11/10 -- Pg. 2,
TABLED.
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PAGE.FOUR
25.
Edgewater Village - Model Sales Facility - Discussion and
possible action to approve renewal of a model sales permit and
waiver of the 150-foot distance requirement for certificates
11/10-Pg.32,33
Approved for
6 months.
of occupancy.
26.
Isles of Tamarac - Model Sales Facility - Discussion and
possible action to approve renewal of a model sales permit and
waiver of the 300-foot distance requirement for certificates
11/10--Pg.33,
TABLED.
of occupancy.
27.
Southgate Gardens East/Mission Lakes - Model Sales Facility -
Discussion and possible action to approve renewal of model
sales permit and waiver of the 300-foot distance requirement
11/10 - Pg. 33,
APPROVED.
for certificates of occupancy.
28.
Woodmont Tracts 68/77 - Model Sales Facility - Discussion and
possible action to approve renewal of a model sales permit and
11/10 - Pg. 33,
Approved for
waiver of the 300-foot distance requirement for the certificat
of occupancy.
s 6 months.
11/10 - Pg. 33,
TABLED.
29. Woodmont Tract 70 - Model Sales Facility - Discussion and
possible action to approve renewal of a model sales permit and
waiver of the 150--foot distance requirement for certificates o
occupancy.
30.
Woodmont Tract 71 - Model Sales Facility - Discussion and
possible action to approve renewal of a model sales permit and
11/10 - Pg. 34,
Approved for
waiver of the 150-foot distance requirement for certificates
6 months.
of occupancy.
11/10 -Pg. 2,
TABLED.
31.
Woodmont Tract 57 - Bond Release -- Temp. Reso. _#2515 - Discus-
sion and possible action to release a warranty bond posted for
public improvements.
11/10 - Pg. 34,
APPROVED.
32.
Woodmont Tract 72B - Bond Release - Temp. Reso. #2516 - Discus
sion and possible action to release a warranty ~bond posted for
public improvements.
11/10 - Pg. 34,
AppRpVED.
33. Woodmont Tract 4_9 - Bond Release -- Temp. Reso. #2517 - Discus-
sion and possible action to release a warranty bond posted for
public improvements.
34. S rin lake II -- Discussion and possible action on:
a) Revised Site Plan to reflect project phasing - Temp. Reso.
#2401.
b) Amendment to the Water and Sewer Developers Agreement
c) Release of a performance bond posted for public improvement:
upon receipt of a one-year warranty bond - Tem Reso. #240:
d) Acceptance of a Bill of Sale for water distribution and
sewage collection system improvements - Temp. Reso. #2403.
(tabled from 7/28/82).
35. Executive Center - Discussion and possible action on:
a) Site Plan - Temp. Reso. #2470
b) Landscape Plan
c) Water Retention Agreement
d) Water and Sewer Developers Agreement
e) Acceptance of road right--of-way deed for 40-feet on Univer-
sity Drive - Tem Reso. #2471.
f) Acceptance of 12-foot utility easement - Temp. Reso. #2472
(to be located on the east side of University Drive, south of
Sunflower Shopping Plaza) (Tabled from 10/13/82).
36. Tamarac Town Square - Discussion and possible action on:
a) Revised Site''Plan for a McDonald Restaurant - Temp. Reso.
#2506
b) Landscape Plan
37. Burger King - Revised Site Plan - Temp. Reso. #2507 -- Discus-
sion and possible action on a revised Site Plan for playground.
11/10 - Pg. 2,
11/10-Pg.29, 30,
a)Appvd. with
conds.
b)
Approved
c)
Approved
d)
Approved
e)
Approved
f)
Approved.
11/10 - Pg. 7,
a) & (b) ApPvd-
w/conds.
11/10 - Pg. 10,
Approved with
conds.
PAGE FIVE
38. Siegel Funeral Home - Discussion and possible action on:
11/10-Pg.38,39,
a) Site Plan - Temp. Reso. #2509
a)&(b) Appvd.
b) Landscape Plan
w/conds.
c) Water and Sewer Developers Agreement
d) Water Retention Agreement
c) Approved
e) Acceptance of road right-of-way deed for 2-feet on McNab Roa
d) Approved
Temp. Reso. #2510
e) Approved
f) Acceptance of 10-foot utility easement - Temp. Reso. #2511
f) Approved.
(to be located on the north side of McNab Road, east of the
Sunniland Bank property)
39. Swanson West - Discussion and possible action on:
11/10-Pg.30-32,
a) Site Plan - Temp. Reso. #25_12
a)Appvd.w/cond.
b) Landscape Plan
b)Approved
c) Water and Sewer Developers Agreement
c)Appvd.w/cond.
d) Water Retention Agreement
d)Approved
e) Acceptance of an Access Easement for ingress/egress - Temp.
e)Approved
Reso. # 2 513
f) Approved.
f) Acceptance of a Utility Easement for a Fire Hydrant - Temp.
Reso. #2514
(to be located on the northwest corner of Commercial Boulevard
and N.W. 84th Terrace).
40. Drainage Im rovements in the City - Discussion and possible
11/10-Pg.34,35,
action.
Repts. by V/M
& City Mgr.
REPORTS
41. City Council
11/10 - Pg. 36
42. City Manager
11/10 - Pg. 37
43. City Attorney
11/10 - Pg. 38
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,
he will need a record of the proceedings, and for such purpose he
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is to be based.
CITY OF TAMARAC
0
Carol A. Evans
Assistant City Clerk
44. Tamarac Utilities West
11/10- Pg.35,
gen.by Con.APPVD
45. All Saints Lutheran Church
11/10 -- Pq. 7.,
gen.by Con.APPVD
46. Interlock Agreement between Tamarac & Bwd. County
11/10- Pg. 35,
Agen. by Con.
APPVD.
47. Bill for Linton Lovett
11/10 - Pg. 36,
-
Agen. by Con.
48. Mayor's Trip to L.A. re Natl. League of Cities
11/10 -- Pg. 36, 37
Agen.by Cons. -_
APPVD.
CITY OF TAMARAC, FLORZDA
REGULAR CITY COUNCIL MEETING
NOVEMBER 10, 1982
CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday,
November 10, 1982, at 9:30 A.M., in the Council Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice Mayor Helen Massaro
Councilman Irving M. Disraelly
Councilman Philip B. Kravitz
Councilman David E. Krantz
ALSO PRESENT:
Laura Z. Stuurmans, City Manager
Jon M. Henning, City__Attorney _....
Carol A. Evans,kssistant City Clex'k
Patricia Marcurio, Secretary
Tape MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of
l Silent Meditation followed by the Pledge of Allegiance.
Mayor Falck greeted everyone present and announced the time schedule
for specific items on today's agenda.
16. Financial Federal Savings & Loan Association - Bond Release -
Tem Reso. #2301 - Discussion and possible action on a request
to release a performance bond subject to receipt of a one-year
warranty bond (tabled from 6/23/82).
SYNOPSIS OF ACTION: TABLED
V/M Massaro said there are problems with this that relate to Beautifica-
tion fees and the City Attorney must study this further. She MOVED to
TABLE this item, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
18. Heftler Homes - Performance Bond - Temp. Reso. #2518 - Discussion
and possible action to call a performance bond posted for the
installation of sidewalks if required fees are not paid.
SYNOPSIS OF ACTION: REMOVED
from the Agenda.
V/M Massaro MOVED to REMOVE this item from the Agenda since the fees
have been paid, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
22. Tamarac Jewish Center - Discussion and possible action on request
for one-year extension to the provisions of Code Section 7-31
requiring screening of equipment on roof (tabled from 10/27/82).
SYNOPSIS OF ACTION: TABLED for
legal opinion.
V/M Massaro MOVED to TABLE this item to allow the City Attorney to give
a legal opinion, SECONDED by C/M Disraelly.
VOTE: C/M Krantz Aye
C/M Kravitz Nay
C/M Disraelly Aye
V/M Massaro Aye
Mayor Falck Aye
- 1 -
11/10/82
/pm
24. Tropical Gardens Nursery - Temp. Reso. #2327 - Discussion and
possible action after review of a temporary limited parking
waiver granted on 7/8/81 under Petition #8-Z-81. (tabled from
9/8/82).
SYNOPSIS OF ACTION: TABLED
V/M Massaro said this item needs a revised site plan and she MOVED to
TABLE the item until the revised site plan comes in. SECONDED by C/M
Disraelly.
VOTE:
ALL VOTED AYE
31. Woodmont Tract 57 - Bond Release - Temp. Reso. #2515 - Discussion
and possible action to release a warranty bond posted for public
improvements.
SYNOPSIS OF ACTIOY: TABLED
V/M Massaro said the City Engineer said this item is not ready for
release and she MOVED to TABLE, SECONDED by C/M Disraelly.
VOTE: ALL VOTED AYE
34. Springlake II - Discussion and possible action on:
a) Revised Site Plan to reflect project phasing - Temp. Reso.
#2401.
b) Amendment to the Water and Sewer Developers Agreement.
c) Release of a performance bond posted for public improvements
upon receipt of a one-year warranty bond - Temp. Reso. #2402
d) Acceptance of a Bill of Sale for water distribution and sewage
collection system improvements - Temp. Reso. 42403
(tabled from 7/28/82). -�
SYNOPSIS OF ACTION: TABLED
V/M Massaro said this should be TABLED pending review with the City
Attorney concerning the various agreements and she so MOVED. SECONDED
by C/M Disraelly.
VOTE:
ALL VOTED AYE
44. TUW - Emergency Repairs - Walkwa Re airs - Discussion and possible
action.
SYNOPSIS OF ACTION:
Agendized by Consent. (See Page 35).
V/M Massaro said the walkways over the surge tank are in very bad
condition and the City Engineer has a memo with telephone quotes and
the quote by mail is under way and he would like to have this Agendized
by Consent because it is an emergency condition. She MOVED to Agendize
by Consent, SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
45. All Saints Lutheran Church - Temp. Reso. #2.521 - Discussion and
possible action on a revised site plan for --- a fence ,for their nursery,
SYNOPSIS OF ACTION: Agendized
by Consent. (See Page 7) .
C/M Disraelly MOVED to Agendize by Consent action to allow tnem Lo puz
a fence for their nursery, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
- 2 -
11/10/82
/pm
L
6 j). Bill for Alan Ruf - Discussion and possible action to approve
payment of $1,650 to Alan Ruf.
SYNOPSIS OF ACTION: Agendized
by Consent. (See Page 8).
C/M Disraelly MOVED to Agendize by Consent Item 6 j) to the Consent
Agenda which would approve payment of -Alan Ru s bill o $1,650.
SECONDED by V/M Massaro.
VOTE:
ALL VOTED AYE
1. Alzheimers Disease - Presentation of a Proclamation by Mayor Falck
designating the week of November 21, 1982, as "National Alzheimers
Disease Week".
SYNOPSIS OF ACTION: Proclamation
was presented to Ms. Wilson.
Mayor Falck read the Proclamation into the record and presented this
to Ms. Wilson.
17. John Abbaticchio Warehouse - Discussion and possible action on:
a) Site Plan - Temp. Reso. #2508
b) Landscape Plan
(to be located at 5500 NW 22 Avenue)
SYNOPSIS OF ACTION: a) APPROVED RESOLUTION NO. R_.:I�,�/ly PASSED.
Temp. Reso. #2508, b) APPROVED.
a) Jon Henning read the Resolution by title and V/M Massaro told Mr.
Kilpatrick, representative of the applicant, that the Beautification
fees of $211.25 and the Engineering fees of $545.17 will be due at the
time of application for a building permit.
V/M Massaro MOVED that Temp_. Reso. #2508 be APPROVED, SECONDED by C/M
Krantz.
VOTE: ALL VOTED AYE
b) C/M Disraelly said the Landscape Plan has been approved by the Beautif-
ication Committee on 10/18/82 with four conditions:
1. To provide 2 additional trees at the rear of the building on the
south property line.
2. To provide the rust -free irrigation system.
3. To place sod up to the edge of the roadway pavement.
4. To provide concrete curbing adjacent to all interior landscaping
parking area.
C/M Disraelly said these have all been agreed to and he MOVED the APPROVAL
of the Landscape Plan, SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
8. Grants Consultant - Temp. Reso. #2501 - Discussion and possible
action to renew a contract with Mitchell Ceasar.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. PASSED.
Ted Reso._ #2501 requesting
Mr. Ceasar to give written reports
and appear before Council once a
month.
Jon Henning read the Resolution by title. C/M Krantz MOVED to APPROVE
Temp. Reso. #2501 approving an agreement with Mitchell Ceasar as Grants
Consultant. SECONDED by V/M Massaro.
Melanie Reynolds said the people have no knowledge of what Mr. Ceasar
is bringing to the City and she feels it should be told to them.
- 3 - 11/10/82
/pm
Mayor Falck said Mr. Ceasar's reports are available in the City Clerk's
office. C/M Disraelly asked Mr. Ceasar to appear before Council once
a month and follow up the written report with a verbal report. Mr.
Ceasar said this would be no problem. C/M Disraelly suggested that
prior to the first Council meeting there would be a written report
and at the second Council meeting there would be a physical report.
He said in the agreement the word "semi" be stricken and the word
"written" be inserted and at the end write "he shall appear monthly
before Council".
Mr. Ceasar said, in answer to Mrs. Reynold's request, there have been
three grants received this year. One was the finalization of the boating
grant for approximately $57,00.0, the new one for the Employment Grant,
and the Bicycle Path Grant. He said additionally there are a few
applications in and this looks promising. He thanked members of Council
for their assistance.
VOTE:
ALL VOTED AYE
2. Public Information Committee - Announcement of one vacancy existing
on this committee.
SYNOPSIS OF ACTION: Announcement
of vacancy was made by Mayor Falck.
Mayor Falck announced the vacancy to this committee and said anyone
wishing to apply could do so to the City Clerk's office.
3. Welcoming Committee - Discussion and possible action on:
a) Acceptance of resignation of Patricia Ann Grillo.
b) Appointment of two members to this committee by Temp. Reso.
#2499.
SYNOPSIS OF ACTION: a) APPROVED, RESOLUTION NO. R — 9,2- A// PASSED.
b) Appointed Morris Landman and
Mollie Goldstein for terms to
expire 5/11/83.
a) C/M Kravitz MOVED that, based on the request of Patricia Ann Grillo
dated 10/18/82, Council accept her letter of resignation and thank
her for the services she has rendered to the committee. SECONDED by
C/M Krantz.
VOTE: ALL VOTED AYE
b) C/M Kravitzr.recommended Morris Landman -and Nat Prentis. He said :the
committee only discussed the one applicant because at that time they
only knew of one opening when the last meeting took place and they
unanimously nominated Nat Prentis. V/M Massaro said there is also an
application from Mary Lawson and she asked if there was any reason why
they were not considering her. C/M Kravitz said when he spoke with her
she had an ailment and she told him she could not take on any duties
at that time. V/M Massaro asked if there was any reason why Mollie
Goldstein was not considered and C/M Kravitz... said.. she is serving on_......
Parks & Recreation and because of that he would like to consider people
who are not serving on other committees.
C/M Kravitz proposed the three names with Council voting to approve two
of those three: Morris Landman, Nat Prentis and Mollie Goldstein.
VOTE; C/M Krantz
C/M Kravitz
C/M Disraelly
V/M Massaro
Mayor Falck
- 4 -
Morris Landman
Mollie Goldstein
Nat Prentis
Mollie Goldstein
Mollie Goldstein
Morris Landman
Mollie Goldstein
Morris Landman
Mollie Goldstein
Morris Landman
11/10/82
/pm
V/M Massaro MOVED the ADOPTION of Tem. Reso. #2499 appointing Mollie
Goldstein and Morris Landman to the Welcoming Committee for a term to
expire 5/11/83. SECONDED by C/M Disraelly.
VOTE:
PUBLIC HEARING
ALL VOTED AYE
7. Water and Sewer Rates - Tamarac Utilities West - Temp. Reso. #2498 -
Discussion and possible action to establish and modify "contribution -
in -aid -of -construction" charges for new commercial and residential
construction which have not yet contracted for service. (rates of
those customers already receiving service, or who have contracted
for service, will not be affected).
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-- 9.2 - j PASSED.
Temp. Reso. #2498__as amended_
Jon Henning read the Resolution by title and Mayor Falck opened the
Public Hearing. C/M Disraelly said for the record it should be noted
the changes made: on Page 2, K Contribution Charges for Water -
Individual Metered Residential and all Non -Residential "including
Residential Recreation Facility". Page 2, L -- Contribution Charges -
Multi -Family 'Units -_--with common or s are me er s a e charged a
rate equal to 2/3's ERC per unit" should be struck and after Individual
Metered Residential and all Non -Residential "including Residential
Recreational Facility". Under K, Multi -family Units with common or
shared meter "shall be charged a rate equal to 2/3's ERC per unit"
should be struck.
C/M Disraelly referred to Page 2, Item K, Individual Metered Residential
and all Nan -Residential Including Residential Recreational Facility
will be $525.00 per ERC and the Multi -Family Units with a common or
shared meter will be $350.00 per UNIT. He said, Under L, Contribution
Charges Wastewater, the Individual Metered Residential and Non -Residential
including Residential Recreation Facility will be $975.00 per ERC and
the Multi -Family Units with common or shared meter will be $650.00 per
UNIT.
Mayor Falck closed the Public Hearing and C/M Disraelly MOVED the
ADOPTION of Temp. Reso. #2498 with the dollar figures that were just
put into the MOTION, SECONDED by C/M Krantz.
Jon Henning asked for a title correction on Line 4, "K and L "of Section
1" should be added. C/M Disraelly accepted this addition.
VOTE: ALL VOTED AYE
4. East - Large User Wastewater Agreement Amendment - Temp. Reso.#2500-
Discussion and possible action to authorize the appropriate officials
to execute an Amendment to the Large User Agreement with the City of
Fort Lauderdale.
SYNOPSIS OF ACTION: APPROVED
Temp. Reso. #2500.
RESOLUTION NO. R -- &2 - 3Z O PASSED .
Jon Henning read the Resolution by title and Mayor Falck said the City
has been involved with the City of Fort Lauderdale to handle the flow
of wastewater east of 441. He said this is a minor correction which
needs to be made in connection with this particular proposal and it was
the Chair's recommendation that this be approved.
V/M Massaro MOVED the ADOPTION of Tem Reso. #2500, SECONDED by C/M
Disraelly.
VOTE:
ALL VOTED AYE
- 5 -
11/10/82
/pm
11. State Road 7 (441) -- Tea. Reso. #2502 - Discussion and possible
action to assist non -governmental entities with the commercial
revitalization of businesses on State Road 7 (441) within the
City and to proclaim "441" as "Gateway to the New West".
SYNOPSIS OF ACTION: APPROVED
Temp. Reso. #2502 as amended.
RESOLUTION NO. R -� ,v, PASSED.
C/M Disraelly said he prepared this Resolution since he was asked to
serve on a committee being established by the West Broward Chamber of
Commerce which is interested in working on the beautification of State
Road 7 from Bailey Road to Broward Boulevard. He said he met with this
committee and they are a good working and functioning committee, however,
Doug Christy is serving as sub -committee Chairman and he would prefer
he make the presentation to Council as to the action of the West Broward
Chamber.
Doug Christy said the West Broward Chamber of Commerce is undertaking
an ambitious project to revitalize State Road 7 in the area C/M Disraelly
has described. He said they are not attempting to adopt a master plan
and rebuild the area but rather, they are trying to establish some guide
lines for either future developers or new store front or building owners.
He said the Chamber, when it set up the task force, recognized they were
crossing municipal boundaries and the area they are attempting to work
with involves portions of Tamarac, p Lauderhill, Lauderdale Lakes as --well
as some unincorporated Broward County.
Mr. Christy said the task force itself is divided into sub -committees. The
sub -committee C/M Disraelly referred to is the one that Mr.--Cfirsty is
the Chairman of and they are, at this stage, coming back to those mun-
icipalities that are involved and attempting to have the Resolution that
is before Council passed. He said the purpose is to take this to the
County in the hope that they will designate this area as an area of
concern either to receive future funding,if that be needed to assist
them in their task,or to give them some credibility for Grant funding.
He said they will be going back to the other cities and letting them
know what they are attempting to do and asking them, as they are asking
Council today, for their endorsement of their efforts including putting
forth before the public what they have chosen as the theme for 441,
"Gateway to the New West".
Mr. Christy said they have received excellent cooperation from Planners
such as Mr. Rubin as well as input and support from County Commissioner
Craft's office. He said he would hope that there would eventually be
progress reports which C/M Disraelly could relate or someone from the
task force could appear to keep Council abreast of the progress that they
hope to make in the future.
C/M Krantz asked how their work would _:_affect the existing establishments
and Mr. Christy said they would not be asking for changes in zoning laws
or asking that anything currently existing be destroyed but, rather,they
would set some guide lines that in the event of new development or,
Tape perhaps, redevelopment. V/M Massaro said she objects to the last
2 "Whereas" which states, "to formally commit and dedicate its resources".
She said it should read "Whereas, the City of Tamarac further wishes to
assist any and all non -governmental entities that wish to work with the
City toward the commercial revitalization" but the words "to formally
commit and dedicate its resources" should be stricken.
C/M Disraelly MOVED APPROVAL changing on Line 26, "Whereas, the City of
Tamarac further wishes to assist anv and all non -governmental entities"
and on Line 33, "the need to work towards the commercial revitalization".
SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
- 6 -
11/10/82
/pm
45. All Saints Lutheran Church - Temp. Reso. #2521 - Discussion and
possible action concerning erection of 5' high fence with a
wooden gate to create a play area for children.
SYNOPSIS OF ACTION: Agendized by Consent. RESOLUTION NO. R f�r,j� PASSED.
(.See Page 2 ) . APPROVED - --
Jon Henning read the Resolution by title.
C/M Disraelly said this is purely a site plan for a 5' high fence with
a wooden gate to create a play area for the school children and the
proper fees have been paid and he MOVED the ADOPTION of Temp. Reso.
#2521. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
36. Tamarac Town Square - Discussion and possible action on:
a) Revised Site Plan for a McDonald Restaurant - Temp. Reso.#2506
b) Landscape Plan
SYNOPSIS OF ACTION: a) APPROVED RESOLUTION NO. R-^���PASSED.
Temp. Reso. #2506 with conditions,
b) APPROVED with conditions.
a) Jon Henning read the Resolution by title. Dan_Oyler of Craven & Thompson,
representing McDonalds said that :McDonalds wished -to add 6 additional
parking spaces on the west side of their leased property. He said they
have made some minor changes to the drive-in facility lane and have
added a sidewalk at Mr. Rubin's request.
C/M Disraelly said at the Beautification Committee meeting it was
recommended that they relocate the flagpole and Mr. Oyler said this
has been done on this site plan and it is by the entrance drive. V/M
Massaro said she would like to make a condition of approval that the
new roof would be the same as the roofs of these stores and he said
there would be no problem with this. Gus Aquari asked if it would be
better to use the same type of roof and V/M Massaro said it would.
V/M Massaro said there is a need to amend the estimated costs because
of the addition of the sidewalk.
V/M Massaro MOVED the APPROVAL of Temp. Reso. #2506 approving the site
plan subject to the roof being tiled the same as the other stores in the
project and that the estimated cost sheet be amended to include the
sidewalk. SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
b) C/M Disraelly said it will be indicated on the Landscape Plan that the
flagpole has been moved and relocated. He said they are also suggesting
that in the northeast corner the last four cherry bushes be removed for
visibility. Mr. Oyler said they agree. C/M Disraelly said they are also
recommending that the hedge on the west side of the loading zone to
buffer the building woul be-� the same cherry -h-edge for -the entire length.
C/M Disraelly said with these changes he would MOVE the ACCEPTANCE -of
the Landscape Plan. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
5. West - Wellfields - Discussion and possible action to authorize
additional funds to be paid to Williams, Hatfield & Stoner, Inc.
for work on this project. (Tabled from 10/27/82).
SYNOPSIS OF ACTION: APPROVED payment
of bills and increase in the amount
to be expended.
V/M Massaro said there are several changes that were made during -the
attempt to locate the wellfield lines and it appears ithat this is
- 7 - 11/10/82
/pm
E_
something that Williams, Hatfield & Stoner are not responsible for
and she MOVED that the bill be paid. C/M Disraelly said he believes
that they have established a figure of $10,000 for this project and
they have exceeded this figure and they will have to appropriate
additional funds since there will probably be one or two more bills
on this. He said one of the reasons for the change was that originally,
because of the concern as to who owns 61st St. east of University Dr.,
this project was designed to go along St. Malachy's property line
and after a meeting with them, the City obtained an easement permitting
the City to use property for the extension of this water line. He said
it was after this decision that they decided to move it to the south
side of 61st St.
C/M Disraelly said, with due respect, he would MOVE, at this time,
until additional bills are submitted, that they establish a figure of
$13,500. V/M Massaro clarified her MOTION by stating that she is
approving these bills and is not recognizing any further bills. C/M
Disraelly said that right now the MOTION is to APPROVE these two bills
of $1,008 and $318, SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
C/M Disraelly MOVED that the amount of money to be expended on Project
1710-2 be increased from $10,000 to $13,102. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
6. Consent Agenda --
a) Mitchell Ceasar - Grants Consultant - October, 1982, retainer
of $1,250.00 and expenses of $19.00 - Total $1,269.00 - Approval
recommended by City Manager.
b) Richard S. Rubin - Consultant City Planner - Services for October,
1982 - $2,347.50 - Approval recommended by City Manager.
c) Superior Reporting, Inc. - 201 Facilities Plan public hearings
$552.00 - 10/26/82 - Approval recommended by City Attorney.
d) Superior Reporting, Inc. - Crawford vs. Weirdo and City of
Tamarac hearing - $167.50 - 10/26/82 - Approval recommended by
City Attorney.
e) Milledge & Hermelee - Services for 8/l/82 through 9/30/82
regarding Fort Lauderdale Executive Airport Runway Extension -
$297.50 - Approval recommended by City Attorney.
f) Public Words Department - Authorization to go to bid for the
following:
(1) Curber
(2) Two Metal Storage Buildings
(3) Front Loader Bucket for Ford 2000 Tractor
(4) Tractor/Loader/Backhoe combination with Trailer
g) Commercial Garden Mall - Request for Engineering fee refund -
Approval to remove this item from the agenda.
h) Sunflower Drainage Modifications - Approval to remove this item
from the agenda.
i) Beautification Committee - Appointment of one member - Approval
to remove this item from the agenda.
j) Approval of fees for Alan Ruf - $1,650 - Agendized by Consent.
SYNOPSIS OF ACTION: APPROVED Items
a) , b) , c) , d) , f) , g) , i) .Item j) , (See Page 3) ,
was Agendized by Consent and APPROVED,
Item e) was removed for discussion and
was TABLED for further research. Item h)
was approved to be removed from the agenda.
Mayor Falck mentioned::that Item j) was Agendized by Consent and the
amount of Mr. Ruf's bill is $1,650. C/M Kravitz MOVED to remove Items
e) and h). SECONDED by C/M Disraelly.
VOTE: ALL VOTED AYE
11/10/82
/pm
C/M Disraelly MOVED that Items a),b),c),d),f),g),i) and j) be APPROVED.
SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
e) C/M Kravitz asked if this amount of $297.50 is in addition to the
approximate $7,000 already earmarked for this item and Mayor Falck
said it is his understanding that it is part of the $7,000. Jon
Henning said he does not believe so because he believes this original
amount of $7,000 was already exhausted. C/M Disraelly said this
question should have gone to the Finance Department for review before_-
to determine its status. V/M Massaro MOVED that Item 6 e) be
TABLED to the next regular meeting for further research. SECONDED
by C/M Krantz.
VOTE: ALL VOTED AYE
h) C/M Kravitz asked if there was anything specific that was causing
it to be removed from the agenda? Jon. Henning said recently the
City was served with a law suit over this issue and it is
out of Council's hands and must be determined by the courts.
Carolyn Mascolo, President of Heathgate/Sunflower, said they are not
suing the City in any way as regards the drainage problems of their
area. She said the maintenance of the aquatic weeds in their lakes
is in litigation but the fact that they have a drainage problem is
not. V/M Massaro said they have done as much as possible of drainage
work in this area.
V/M Massaro MOVED that Item 6 h) be APPROVED to be removed from the
agenda, SECONDED by C/M Disraelly.
VOTE: C/M Krantz Aye
C/M Kravitz Nay
C/M Disraelly Aye
V/M Massaro Aye
Mayor Falck Aye
9. Aetna Deferred Compensation Program - Tem . Reso. #2503 - Dis-
cussion and possible action to authorize appropriate officials to
execute an agreement for deferred compensation deductions for
interested employees.
SYNOPSIS OF ACTION: APPROVED
Temp. Reso. #2503.
RESOLUTION NO. R--�'o?/� PASSED.
Mayor Falck said he sent a detailed memorandum to Council'in connection
with this project outlining and suggesting this be approved so that they
could notify the Aetna organization and they could set up their program
so that the individual employees who are interested in participating in
this program would be afforded that opportunity prior to 12/31/82,
taking advantage of the tax options to do that.
Mayor Falck said the present proposal is simply an authorization to
permit a payroll deduction for the benefit of the employees who desire
to take individual contracts with Aetna in connection with their deferred
compensation plan and does not,in any way, involve the City. He said
it provides for the City to deduct and forward to Aetna and the City will
provide that service to them at no cost. Mayor Falck said the only other
thing is that the City would have to approve issuance of the tax forms
that are required and if there are enough employees that are interested
in going into the U. S. Conference of Mayors Program this will be handled
separately and a special recommendation developed by him or the
City Manager's office for Council to consider.
Jon Henning said the City can set any rules they want and other than the
computer costs and the City's Finance people making the changes, Aetna's
personnel will take care of the contracts, signatures and forms.
='M
11/10/82
/pm
C/M Disraelly MOVED the ADOPTION of Temp. Reso. 42503, SECONDED by
C/M Krantz.
VOTE: ALL VOTED AYE.._..._
10. Solid Waste Disposal - Tem2. Reso. #2504 - Discussion and possible
action to authorize theappropriateofficials to execute an agreement
with Broward County for solid waste disposal and resource recovery.
SYNOPSIS OF ACTION: TABLED
for further research.
Jon Henning read the Resolution by title and C/M Disraelly said he would
like the City Manager to give additional input on this. Mayor Falck
said at the Board Meeting of the Broward County League of Cities last
Thursday they took a very strong position whereby they do not want to
be trapped into a 30 day period of time to consider a program of this
kind. Mayor Falck said they are also interested to know who will be
setting the rates, the County alone, the County in conjunction with the
City or will the City be confronted with another situation where they
increased the tipping fee, on l/l/82 of $3.00 per ton with no notice.
Mayor Falck said they feel they probably cannot do very much about
controlling this but they want to be informed. He said the County has
called him and they are having a meeting on this on Friday afternoon at
3:00 p.m. which he has been asked to conduct. He said they also discussed
it at the Northwest Broward Council of Mayors and with one exception,all
of the members decided that to get some additional time to get this
straightened out would be more in line with what the municipalities
wanted to do.
C/M Disraelly said he feels the City Attorney should get involved and
determine how the City can control the commercial waste and garbage
when they do not pick it up. V/M Massaro said the County must get
their plans organized before the City can make a determination. V/M
Massaro MOVED to TABLE for further information. Mayor Falck said he
will give Council a report after his meeting which is scheduled for
Friday on this item. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
37. Burger King - Revised Site Plan - Temp. Reso. #_2507 - Discussion
and possible action on a revised site plan for playground.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R- a -�PASSED.
Temp.-Reso. #2507 with conditions.
Jon Henning read the Resolution by title. Nancy Suau, Site Engineer
Tape representing Burger King, said there are two handicapped spaces that
3 have been there from the original site plan. C/M Disraelly asked the
distance between the wheel stops and the wall and Ms. Suau said it will
still be 2'. She said the wall will be constructed of brick with black
mortar matching the existing building and will be 4' high.
C/M Disraelly asked if they would cut the north wall down to 17-1/2'
and create landscape islands in the front. Bob Lee, Site Engineer, said
they could create triangular landscape islands with low coloring plants
and ground covering. Mr. Lee said they would extend whatever line they
had into the new area for additional sprinklers.
C/M Disraelly MOVED the APPROVAL of the Burger King revised Temp. Reso.
#2507 whereby there will be landscaping between the wall and the wheel
stops changed to a continuous curb with low coloring plantings, colored
ground cover and colored plantings such as crotons installed in that area
which will become additionally sprinklered for maintenance. SECONDED by
C/M Krantz.
VOTE: ALL VOTED AYE
- 10 -
11/10/82
/pm
7
14. Land Use Plan - Temp. Reso. #2505 -- Discussion and
to approve revisions to Amendment No. 4 pertaining
as requested by the Broward County Planning Council
requisite to recertification.
possible action
to transportation
as a pre -
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R f ff,,?- o j PASSED.
Temp. Reso. #2505 changing the
word "transportation" to "trafficways/
expressways".
Mayor Falck said this information is necessary for the City to present
to the County at their next Broward County Planning Council meeting
to enable us to proceed with the recertification of our Land Use Plan
which is made up of a few minor items which has been suggested by the
staff.
Jon Henning read the Resolution by title. V/M Massaro MOVED the ADOPTION
of Temp. Reso. #2505, SECONDED by C/M Krantz. Richard Rubin said the
Planning Council has made a request that should be in the MOTION,
wherever the word "Transportation" appears they would like it to be called
"Trafficways/Expressways". V/M Massaro said she would include that in
the MOTION.
VOTE:
ALL VOTED AYE
12. Broward League of_Cities Business - Discussion and possible action.
SYNOPSIS OF ACTION: No additional
information since the last meeting.
The next meeting will be 11/18/82 at
Lighthouse Point Yacht and Racquet Club.
C/M Disraelly said there has been no additional information since the
last meeting and the next dinner meeting of the Broward League will be
Thursday, 11/18/82 at Lighthouse Point Yacht and Racquet Club.
19. Continental Plaza - Revised Site Plan - Temp. Reso. #2519 -
Discussion and possible action on a revised site plan for a ground
sign.
SYNOPSIS OF ACTION: TABLED
for further consideration.
Jon Henning read the Resolution by title and Richard Rubin said on
10/22/80 the applicant made a request for a sign waiver which Council
granted with the condition that they submit a site plan that complied
with City Code and paid the appropriate fees. He said now, two years
_ later, the site plan is before Council for their review_. He said he
has specific -requests tnwt e woul-cr- 1 ke --included in the -
final approval. C/M Disraelly said the request for the sign waiver
was approved 10/22/80; however, Ordinance 80-34 regarding signs says
that "a waiver granted shall become null and void if the sign has not
been erected within three months from the date of approval".
C/M Disraelly said, therefore, that the approval of the granting of the
sign,which was approved in 1980,is no longer valid. He said on 2/3/81,
they requested a waiver for a revised site plan for the installation of
that sign and Council denied the request for a waiver since there is no
provision in the City Code to allow such a waiver. Richard Rubin said,
as a condition of approving the site plan, he would recommend that this
project upgrade its landscaping along Commercial Blvd. He said other
recommendations of his are:
(1) Sign and seal plans (survey)
(2) There needs to be a hedge along the south property line separating
the parking lot from Commercial Blvd.
V/M Massaro said she would rather see trees in there since hedges do not
seem to be durable enough.
11/10/82
/pm
i
V/M Massaro said these people have been very generous to the City in
dedicating that land at no cost and she cannot see requesting them to
put another hedge in there. C/M Disraelly questioned whether they need
the two entrances on Commercial Blvd. and he said there are 83 parking
spaces in this spot with no handicapped spaces and the Ordinance requires
two. He said there are sufficient spaces but two should be marked for
handicapped parking. Richard Rubin said he is concerned because the
applicant is not present and Council made a good suggestion in meeting
with them to discuss this further.
C/M Disraelly asked the City Planner to set an appointment with them
for them to meet and discuss this further. V/M Massaro MOVED that this
item be TABLED for further consideration. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
20. Boulevards Section - Revised Site Plan - Temp Reso. #2520 -
Discussion and possible action on a revised site plan for fence
at the swimming pool at the clubhouse.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R -� PASSED.
Temp. Reso. #2520
Jon Henning read the Resolution by title. Mayor Falck said he sent
Council a memo on this and these people want to finish enclosing their
pool with one run of fence on the north side of that pool since the
other three sides are already enclosed. He said they feel this will
eliminate a safety hazard and they have paid all the fees due.
C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2520, SECONDED by C/M
Krantz.
VOTE: ALL VOTED AYE
21. McNab Plaza North (She and Plaza) - Discussion and possible action
on Amendment No. 2 to the Water and Sewer Developers Agreement.
SYNOPSIS OF ACTION: Held
for receipt of check. (See Page 32).
V/M Massaro asked if the check was received in the amount of
$1,312.50 for water and the City Planner was requested to call them
to advise them that this check is due today.
23. Mainlands Section 6-A - Temp. Reso. #2447 - Discussion and possible
action on request for encroachment of an easement on Lot 1, Block
126 (tabled from 10/13/82).
SYNOPSIS OF ACTION: APPROVED
Temp. Reso. #2447.
RESOLUTION NO. R - PASSED.
Jon Henning said this was the question of the encroachment on the
utility easement of .51` or approximately 6". He said there is no
setback problem that he can determine and there is nothing to be
considered accepted by this Council. He said they have had represent-
ation that the other utilities involved, that being the power company,
telephone company and cable company, acknowledge the encroachment.
C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2447, SECONDED by C/M
Krantz.
VOTE:
ALL VOTED AYE
- 12 -
11/10/82
/pm
L
38. Siegel Funeral Home - Discussion and possible action on:
a) Site Plan - Temp. Reso. #2509
b) Landscape Plan
c) Water and Sewer Developers Agreement
d) Water Retention Agreement
e) Acceptance of road right-of-way deed for 2-feet on McNab Road
Temp. Reso. #2510
f) Acceptance of 10-foot utility easement - Temp. Reso. #2511
(to be located on the north side of McNab Road, east of the
Sunniland Bank property)
SYNOPSIS OF ACTION: RESOLUTION NO. R - g' -3m7 (m PASSED.
a)APPROVED with conditions, RESOLUTION NO. R-.PASSED.
b)APPROVED with conditions, RESOLUTION NO. R� PASSED.
c), d), e) and f) APPROVED.
a) Richard Rubin said the application before Council is zoned B6 on 1.377
acres of land which has, by court order, been determined to meet with
the City's special exception requirements. He said the site plan was
reviewed by the Planning Commission on 9/16/82 and they have approved
it on 10/7/82. He said the parking has been resolved and staff re-
commends approving the site plan with the following conditions:
(1) the City will accept the Water and Sewer Agreement
(2) the Water Retention Agreement
(3) the utility easement
(4) rights -of -way dedications
(5) nrnvir7incr arlr3i.t i-nnnl landst-nna st.ri.n att.hP rt-ar of t.ha hi1i.1Hj.nrT.
Richard Rubin gave the following checks from Mr. Drexler to the
Assistant City Clerk:
(1) $7,500.00 — Water & Sewer Agreement
(2) 177.84 - Drainage Improvement
(3) 2,394.00 - Water Retention Agreement
Richard Rubin said the Beautification fees and the Engineering fees
are required at the time the permits are pulled. He.said the Beauti-
fication Committee noted the need for a buffer between traffic and
the wall at the north perimeter wall of hedging and other low plants
and Mr. Drexler has agreed to this. Mr. Drexler said they do not
intend to have a ground sign at this time. V/M Massaro explained that
if they do intend to have a ground sign, they must come back to Council
with a revised site plan.
C/M Disraelly said where a curb is indicated on 70th St., this must
be backfilled and sodded their length of property, approximately 200',
with bahia grass. C/M Disraelly noted this must also be done on
McNab Road. V/M Massaro MOVED the APPROVAL of Tem . Reso. #2509 approving
Tape the site plan as amended and notations made and red -marked which includes
4 the requirements for the sod, curbing and backfilling as indicated by
the City Planner. This also includes landscaping around the north
and northwest allowing for approximate locations of future doors to
be constructed after their building plans are approved by the Building
Department. SECONDED by C/M Disraelly.
VOTE: ALL VOTED AYE
b) Richard Rubin said the Landscape Plan was reviewed by the Beautification
Committee on 9/13/82 and was approved with the condition that additional
landscaping be placed along the north perimeter walls of the building.
C/M Disraelly MOVED the ADOPTION of the Landscape Plan approved by the
Beautification Committee on 9/13/82 with the addition of landscaping
on the northwest and north walls of the building toward 70 St. which was
approved on the site plan. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
- 13 -
11/10/82
/pm
c) Richard Rubin said initialled and final copies of the Water and Sewer
Agreement were given to the City Clerk now that reflects the total
water and sewer fee of $7,500 equalling $1,500 per ERCs for 5 ERCs
V/M Massaro MOVED that the Water and. Sewer Developers Agreement be
ACCEPTED, SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
d) C/M Disraelly said there is a Water Retention Agreement signed by the
developer and the fees have been paid and he MOVED the ADOPTION of
the Water Retention Agreement. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
e) Jon Henning read the Resolution by title. C/M Disraelly said they have
the Warranty Deed and the description of the 2' along the 200' right-of-
way and he MOVED the ADOPTION of Temp. Reso. #2510. SECONDED by C/M
Krantz.
VOTE:
ALL VOTED AYE
f) Jon Henning read the Resolution by title. C/M Disraelly said they
have the sketch and the grant of easement and h_t
.e _MOVED_..._he ADOPT.TO.N_.-of ...
Temp, Reso. #2511, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
MAYOR FALCK RECESSED THE MEETING FOR LUNCH UNTIL 1:30 P.M.
MEETING WAS CALLED TO ORDER AT 1:30 P.M. WITH ALL PRESENT.
13. Limited Agricultural. (A-1) Zoning District - Temp. Ord. #885 -
Discussion and possible action to amend Code Section 28-171.2
to permit distributor transformer stations and setting forth
conditions for such use within this district. Second Reading.
(Public Hearing held 7/22/81) (tabled from 9/22/82).
SYNOPSIS OF ACTION: TABLED to
the meeting of 12/8/82 so that
certain tests can be completed.
Mayor Falck said this will be a Public Hearing and requested order and
that speakers give their names and addresses for the record. He said
they will be given three minutes to speak on the subject .
Mayor Falck opened the Public Hearing. Judy Camel, resident, said she
would like to know where this is planned to be in relationship to the
high school. C/M Disraelly said this area under discussion is an area
on Southgate Blvd. about halfway between University Dr. and Pine Island
Rd. about 2 acres in size. He said part of that property on the east
side is residential zoning with a golf course on the south and west
sides. Ms. Camel said the school children will be going past this area
and if there are potential dangers, she would expect Council to vote
Larry Bender, resident of Woodmont, said with regard to this request of
FP & L, he would request that this matter be tabled indefinitely. He
said FP & L has given technical data to Council which he feels is
incorrect and Council has also received technical data from Dr. Oppenheimer
which they believe to be correct. He said, therefore, he would suggest
an impartial source such as the University of Miami be used to screen
this data and determine its validity.
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11/10/82
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A
L
Mr. Bender said FP&L has indicated that the nearest residential
neighborhood would be 300 or 400' away from the substation. He said
Site 46, as available building site in Woodmont, is adjacent to and
borders on the FP&L site a considerable distance less than stated by
FP&L. He said under Florida's new Transmission Line Siting Act, the
Governor and cabinet have authority to approve the location of power --
lines. He said he has written to the Governor requesting that the
health and welfare of the residents should be protected and it was
recommended that the office of the Governor take the initiative and
institute some action under the new Act to establish legal, safe
standards for exposure to and emission of electric radiation within
the State of Florida.
He said, as a result of this information, the need for additional time
is essential in order to surface all pertinent data for the availability
to the City Council. He requested Council consider tabling this FP&L
requested zoning change indefinitely. Mr. Bender said he wrote to the
Governor on 10/20/82 and has not as yet received a reply.
Max Blum, resident of Heathgate section, read from part of an article
that appeared in a copy of 1980 Readers Digest magazine entitled "The
Menace of Electric Smog". Mr. Blum asked Council if they knew how many
kilos would be transmitted from those lines by that station and Council
said there are people present that could tell them that. Mr. Blum said
each kilo equals 1,000 volts, therefore, if they are transmitting 50,000
kilos they will be transmitting 50,000,000 volts on those wires and
that can cover a distance of over 2,000 feet and affect anyone in that
area.
John Carona, resident of Sunflower, said there is a substation near his
home and he is concerned if this is dangerous.
Louis Breslin, resident of Westwood 23, said everyone in New York City
is exposed to radiation with subways, etc. and they are fine. He said
people are exposed to this daily on cruise ships, airplanes, etc.
John Easterling of FP&L said the zoning of the property next to the
substation on the west side is zoned B3 commercial at this time.
He said he would like to introduce testimony of Dr. Morton Miller, who
has qualified as an expert witness on this issue.
Dr. Morton Miller said he is an Associate Professor of Radiation Biology
and Biophysics at the School of Medicine and Dentistry, University of
Rochester. He said his area of research is Biological Effects and
Mechanisms of Action and presented his credentials to Council. He said
he was asked to speak by FP&L on the issues of biological effects and
transmission lines in substations and electric and magnetic fields.
Dr. Miller said the first approach is simply to review the scientific
literature that deals with exposures of people, plants and animals to
electric fields of the type that are associated with this power -delivery
system. He referred Council to table 2 of a 1982 report, which he
distributed listing studies done of the health of individuals who have,
for up to 9 years, been exposed to the intense fields of these power -
delivery systems. Dr. Miller said the results are uniformly negative
in terms of these types of studies.
Dr. Miller said the second approach is called the "biophysical approach",
that is, determining the fields that are inside the body of a person
that is exposed to these fields. He said because of the extremely
high conductivity of the human tissue, the fields are extremely reduced
and one can measure the amount of current that is induced in the body
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/pm
of a man that has been measured, taking approximately 100 volts per
meter, electric field, in the vicinity of the cells, to affect them.
Dr. Miller said the fields that are induced in a person's body in the
proposed transmission lines fields, are approximately .0003 volts per
meter, about one hundred thousand to one million times less than the
level that is known to perturb cells, which gives some idea of the
"relative safety" of the situation.
Dr. Miller said the National Safety Electric Code allows an individual
to hold in his hand various types of devices such as drills and
portable and fixed appliances from which the safe leakage current
that is allowed by law to leak is 750 microamps.
Dr. Miller said his reason for focussing on the transmission line fields
is that the transmission/line field induces the greatest electric
current in the body and that the fields from that substation would
be absolutely miniscule relative to the fields of the transmission line.
He said the total current that is induced in the maximum part of the
field is 64 and there are far more potent sources of electric current
in our body from our own home.
Dr. Miller referred to two statements of analysis, the Wertheimer
Study and the Milham report, an occupational mortality. survey. Mayor
Falck said he feels the article which appeared in Readers Digest is
more relevant to the residents. Dr. Miller said the article refers
to the work of the induction of cancer in children from individuals
exposed to high current relative to low current configuration trans-
mission lines and this is the work of Nancy Wertheimer and Ed Leper
in Denver.
Dr. Miller said they went to the death registry in Denver and took
children from 0 to 19 and they obtained about 600 deaths and they
mapped the location of each child's residence in terms of proximity
to a transmission line. He said they measured the number of cases that
live next to what are called "high current configuration lines" and
the number of cases that live next to "low current configuration lines"
and while this is not their data, the ratio was something like 8 to 2.
V/M Massaro asked Dr. Miller what he means by "controls" and he said
a "control" in the scientific sense would be an organism or individual
that, in an experiment, is comparable to the one being tested except
it is not exposed to the field. He said the problems with their study
is that they in no way say there is a casual relationship established
here, it simply is suggested. Secondly, they suggest that the effect
may be due to the fields but no field measurements were taken in this
study. He said it is almost incumbant that you must take measurements.
He said the study was not done "blind" meaning that the person locating
the residences of the cases and the controls knew which were the cases
and which were the controls. He said blinding helps to maintain
objectivity.
Dr. Miller said in the totality of all of the studies done with personnel
all over the world, there has been no reported instance of malignancy
of any type in these workers and the fields in this study are extra-
ordinarily low. He said there is nothing, either from the biological
effects literature or the biophysical analysis that indicates that
these fields are in any way effective let alone hazardous.
Dr. Samuel Oppenheimer, resident, . gave his credentials. He
said he read the literature available to him in terms of the dangers
due to magnetic flux and he thinks they are correct. He suggested that
they make flux density measurements and he would work with FP&L in
doing this. He said these measurements could be taken in a day if
FP&L would provide the instruments and Mr. Easterling said the measure-
ments have been taken before and they could provide the data. C/M
Disraelly said he cannot vote on this without seeing these measurements
and Mayor Falck suggested, in view of the interest expressed, that
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� � r
PUBLIC HEARING
Tape The following is a verbatim transcript requested by Mayor Falck.
5
15. 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. Second Reading.
The only public hearing on this item will be held on Wednesday,
November 10, 1982 as advertised, however, action by Council will
be deferred to 11:00 A.M. on Wednesday, December 8, 1982.
Mayor Falck: This was done at the request of certain individuals
repres-enting Tama-r-ac Preskdents--Cou-nci- j representing
other groups as well and I have complied to allow any
additional time over and above the public hearing that
will be held today so that you can provide whatever
information, if you so desire, so that Council has all of
the available input.
The public hearing will be not be continued, it will
not be reopened. The public hearing will be closed
today but the action and discussion will take place
11:00 A.M. Wednesday, December 8, 1982. This will be
a public hearing and we are going to maintain order.
The only thing that we are going to hear today is the
proposed Ordinance, nothing else.
If you want to speak, hold up your hand, when you are
recognized come forward, state your name and you will be
allowed three minutes to speak. If you deviate from
discussing the Ordinance I am going to rule you out of
order. The only thing that is up for discussion is the
Ordinance #967 that is indicated on the agenda, nothing
else. Sir? Mr. Henning would you read the Resolution
by title?
Jon Henning: This is Ordinance Temporary 4967, the 11/9/82 revision.
An Ordinance of the City of Tamarac amending Chapter 14
of the City Code by adding a new Article 13 which said
Article shall provide for the regulation and licensing
of amusement centers and the operation of coin -operated
amusement devices; providing for suspension and revocation
of license; providing for seizure of unlawful devices;
providing for codification; providing repealer; providing
for severability of invalid provisions; and providing
an effective date. It should be Chapter 14.
V/M Massaro: Chapter 14 is right. Chapter 28, Article 14.
C/M Disraelly: Where are you, please.
V/M Massaro: We are on the title. Chapter 14...
Jon Henning: Article 13, Chapter 14.
C/M Disraelly: Isn't Chapter 14 Licenses? So that's what we are talking
about. It is a correct title.
Mayor Falck: This is a public hearing. The number of individuals I
think ought to be representative, don't hold them all at
once because I can not write that fast. We will start
with Mr. Munitz.
Ray Munitz: Thank you, Mr. Mayor.
Mayor Falck: Mr. Bartram, Mr. Hart, Bern Jones, Mrs. Mascolo, Jack
Gleason and Saul Mesinger.
Ray Munitz: Thank you, Mayor, I guess the excellent and most unusual
11/10/82
/pm
Council table this to the next
to be considered would be those
Mr. Easterling if the two week
C/M Disraelly suggested tabling
is the day before Thanksgiving
C/M Krantz suggested both sides
regular meeting and the only aspect
questions raised. V/M Massaro asked
delay would be sufficient time and
this to 12/8/82, since the next meeting
and he MOVED to TABLE to 12/8/82.
taking these measurements to insure
objectivity. SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
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11/10/82
/pm
Ray Munitz: way to start, something which,unfortunately, we don't
Cont'd. hear too often to this Council, is to thank the Mayor and
C/M Disraelly,the framer of this Ordinance,and all the
other members of Council including the City Attorney,
who have spent as much time on this to try to include
any of the things that have been suggested by the people.
As a result of a three hour conference that Harold Newman,
Bernie Hart, myself had with C/M Disraelly and our City
Attorney, many of our recommendations have been incor-
porated in this latest revised revision draft and, of
course, makes my presentation that much simpler. I don't
have to talk about the things that are already in there.
We do appreciate that, Mr. Mayor, C/M Disraelly and City
Attorney and it's an indication,as far as I'm concerned
that the City Council is very much interested in giving
the people of Tamarac as much protection as possible from
the so-called possible evils, realistic or imagined or
otherwise for video games.
You know, you can put two or three locks on your door but
that doesn't keep the burglar out. You can put a burglar
alarm on but that doesn't keep the burglar out so you can
only go so far and do what you think best and then just
hope for the best. A few specifics that I would like to
go into, others which were recommended and which, for
some reason, I assume good reason, which I would like to
know, certain things were not included. First thing I
would like to refer to is a 11/8 memo by the City Attorney
to the Mayor and Council the p.s. of which the last
sentence..."It has been recommended by one of the Council
members that all employees of amusement centers first
obtain an identification card from the City Police Depart-
ment". This is not in the latest revised draft and I would
like to know why C/M Disraelly or City Attorney, whoever,
why that was not included?
Jon Henning: I think the answer is in the memo if you finish the last
sentence, with all respect, it says "this provision was
inadvertently left out and if it is the desire of Council
it can be provided in an appropriate place in this Ord-
inance".
Ray Munitz: In other words, you have not heard any desire from Council
on this particular item?
Jon Henning: It was read. I appreciate your referring to the memo,
which you did, and it says there that it has been recommended
by at least one member of Council that the employees be
required to have a City I.D. by the Police Department.
The memo indicates that it was inadvertently left out
because there were several drafts that were being compiled
together and that if it is the desire of Council to add
that in than I will be happy to put that in the appropriate
place. It's up to Council to discuss that.
C/M Disraelly: If I may, Jon, you and I discussed it and it's one of the
items that came up was the fact that you don't have to have
an I.D. card to work at McDonald's and other fast food
places and many of the people who would be employed within
this, if it is a type of organization that has been talked
about, many of these people would be employed for food
handling, cleaning up, etc. and that was the reason...
when Jon and I spoke about it...
Ray Munitz: Jon, I'm assuming that an accessory amusement center would
be the one, what about the primary centers? May I
respectfully suggest that the Council, in its own
consideration, consider an amendment to the Ordinance which
would incorporate this requirement. I think that it has
merit and I would sincerely appreciate the Council giving
that attention.
11/10/82
/pm
V/M Massaro:
Mayor F'alck:
I think it has a .lot of merit.
You make your suggestions and the Council will consider
them.
Ray Munitz: The other part that I would like to go into is that we
have recommended that in the definition of a primary -use
amusement center,the words "game room" be added to it
for the purposes of clarification and to actually get
the real meaning across as to what a primary amusement
center is. It is basically a game room, period, and
nothing else. The word "primary" itself might imply that
there is a secondary or other use and since it is solely
and only a game room,I would respectfully recommend that
it say so. In other words, in defining the primary
amusement center,you say "primary amusement center(game
room only) so that we know exactly what we are talking
about.
Thirdly, there is a section on Page 4, Line 20, Item #6,
where it says...
V/M Massaro: Before we read this one, Mayor, may I ask the City Attorney
a question? Could we, by law, be required to have a
primary use amusement center? I have no great aversion
to video games since they are in almost every establishment
that we have but primary amusement centers with nothing
else but those games ... it appears that that's where the
problems have been. Is there a law...it's just a question,
it may have nothing to do with this Ordinance... just a
question so that I can make a judgmen.t-_on.-- this __O-r-d nance.
Do we by law have to permit them in here?
Jon Henning: I can answer the question. First of all, if the Mayor
wishes at some time he can have me give a very brief
explanation of this Ordinance...
Mayor Falck: Let's do that at the conclusion of this public hearing.
Jon Henning: In answer to this question, the present Ordinances in the
City of Tamarac provide for amusement centers. They exist
now, this Ordinance is a restriction, this Ordinance is
a regulation of amusement centers which are already
provided. As to whether or not we could preclude primary
use amusement centers in the City... in order to pass the
requirements of the Supreme Court, I think that if we could
find a rational basis, a reason to distinguish primary
amusement centers from these other accessory uses then
its conceivable. Not just as a passing fancy, so to
speak, but that if there was a rational basis to distinguish
them from the other uses, then it is conceivable.
V/M Massaro: Thank you.
Ray Munitz: On Page 4, Line 20, Item #6, which reads in the latest...
"provide a statement committing the applicant to require
children under the age of 16 years to be accompanied by
a parent or other adult while in the amusement center".
Every previous draft was before the word "parent" was
added and I can understand why parent would be necessary.
It said a"person of the age of 21 years or older".
Mayor F'alck: Wait a minute, I think we are getting a little far afield.
I think this is a public hearing. The public is supposed
to state what they feel...I think every member of Council
wants to make some kind of comments aboutit and I don't
think that's what it is. Council is not discussing this.
-_._.-2. 0 - 11/ 10 / 8 2
__ . /pm
Mayor Falck: We're hearing from the public.
Cont'd.
Ray Munitz: All right then, thank you. I'm very happy to respect
that decision. Again ... why the words "other adult"
were used instead of a prior clause which said "a person
of the age of 21 years or older.. nowhere in the
Ordinance can you define adult ... we know what the legal
definition is...we know what the state is ... we know what
an adult is for alcoholic beverage purposes...we know what
an adult is for voting purposes but what is an adult for
the purposes of this Ordinance. Continuing below that,
Item 47,"specify the minimum number of employees to be
on duty at any time insuring the presence of at least one
person 21 years of age or older during the hours of
operation".
This introduces a concept that I proposed at this meeting
but which was not accepted by either the Attorney or C/M
Disraelly, and that is simply this, all amusement games,
whether ... well, primary would,of course, would be in
enclosed areas cause that's all it has ... but in all
amusement games within an accessory area, and in an
enclosed area with a 6' partition, the purposes and
advantages of this are very obvious. In so far as being
able to measure the square footage to determine the legal
number of machines, insofar as it being more easier
controlled by the uniformed Police officer that is required-_..
Insofar as many of the evils that may result from it
that you have concentrated in a given enclosed area,the
problems of control are lessened. I would strongly
suggest that the Council consider the concept of an enclosed
area wherein the video games would be located and this
would be very, very helpful in keeping the potential,
imagined or otherwise, evils of this particular Ordinance.
The enclosed area concept comes into play in four or five
different sections of the Ordinance... I'm not going to go
into detail for the moment ... but one further discussion...
if you have a person over 21 years of age in the kitchen,
for example, the person over 21 years of age in the kitchen
is hardly going to be conducive to any control or super-
vision for in the amusement game area. So, you can see,
I'm sure with this how important the concept of enclosed
area actually is.
The final point that I would like to get to has to do with
alcoholic beverages. And this is on the top of Page 6,
the only reference that this Ordinance makes to alcoholic
beverages is that if there is a liquor license, the hours
of operation are determined by the hours permitted by the
liquor license rather than under the hours of this Ordinance
itself. I feel that this is an incorrect concept, I feel
that the control should be within and by the City within
the framework of this Ordinance and I would strongly
recommend the following:... and you know, before I do so,
we have had some expert testimony here and everyone has
expounded their credentials ... I spent many, many years
in the New York State Tax Department as a tax examiner and
I have some expertise towards alcoholic beverages.
So that, under that concept, I am very familiar with the
alcoholic beverage concept and control. The need for
control is much greater than this Ordinance stipulates.
I would like to see that no alcoholic beverages at all be
permitted within a primary amusement center.
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11/10/82
/pm
61
Ray Munitz: Secondly, at an accessory amusement center, if you go
Cont'd. the concept of the enclosed area, the consumption of
alcoholic beverages within the enclosed area wherein the
amusement games will be located would be restricted or
completely not permitted.
The final point is right underneath that, Item #J, where
originally we're talking about bike racks, we said one
for each five machines with a minimum of six, I see that
the Ordinance has a minimum of six bike racks and does
not equate into the actual number of.machines. These are
the many items we have gone through, as I say, many of
the items we have suggested are already in the Ordinance,
and we appreciate that. Only the other day, there was an
article "Alcohol and Traffic Safety" starting early in
the Kindergarten so that we have an alcohol problem and
situation in the young adults, in adults and also older
adults sometimes.
This is something I would like to see the Council address
itself to and to a series of amendments to this Ordinance
prior to its actual adoption, I think will help accomplish
the aim of the Council has made it very clear that it does
want to make this Ordinance very restrictive for the best
interests of the health, safety and welfare of the people.
This Ordinance is an absolute mess and it must be enacted
and it is probably one of the most important pieces of
legislation actually considered by Council in quite awhile.
This Ordinance is very necessary and I would appreciate
the attention to the amendments that I recommended.
Barry Dickman: My name is Barry Dickman, I'm going to try to go through
quickly and I'm not going to tell you my life story.
I'm from Oakwood, that's right behind Taravella High School.
You changed down the one particular part of the Ordinance
that I disagree with so far and the last one that I've seen
is: "Provide a statement, committing the applicant to
require under the age of 16 to be accompanied by a person
of the age of 21 years or older". This one,I believe, is
unconstitutional.
I believe this one is unconstitutional because...
C/M Disraelly: Pardon me, that has been changed.
Barry Dickman: What did we change to?
C/M Disraelly: "By a parent or other adult while in the amusement center".
Barry Dickman: O.K. I believe this rule is unconstitutional because it
denies the right of entrance to any child on his own to
use any of the games inside the amusement center. It also
denies any adult, age 18, from using the premises with a
date under the age of 16. It also denies a driving member
of a family 17 years old from entering with any younger
sibling. It also denies a mother from entering with her
child if she is under the age set there also. It allows
a child to use the games placed in a drug store or a food
store but unfairly denies the same child's right to play
the same games placed in a primary use center, especially
designed and set up with the Youngster's safety in mind.
The movie houses allow children to come in and enjoy a
movie and play a game. The bowling alley allows drinking
and smoking, they are permitted to let children bowl. An
entertainment seeking to attract a family crowd may have
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11/10/82
/pm
Barry Dickman: a puppet show, a kiddie ride, mazes and other items.
Cont'd. 14-105 would prohibit youngsters from entering to watch
a show or play in a mall while parents shop elsewhere in
the mall. This rule puts the game owner at a disadvantage
to all other locations and unfairly denies his right to
take in all ages. I have a question and I would like to
hear an answer ... why was the distance changed from 1,500 to
1,800 feet from the school...was it the fact that I came
to you with plans to set up a family game center 1,500
feet from Taravella High School?
Mayor Falck: I don't think that Council should have to answer.
Barry Dickman: O.K. At some later date I would like an answer on that.
I think that's the reason.
Harold Newman: This man is from Coral Springs.
Mayor Falck: Harold, we have people from all over who come in here.
They identify themselves.
Barry Dickman: This Ordinance affects me far greater than you because the
Ordinance wouldn't affect you at all with what I had planned
to go in. Is the City Council acting fairly to all
concerned when they make special laws to prevent any
amusement center from going into business in their town
by cutting regulations of footage so high that no location
will fall under these terms. Also,by setting age limits
making the business off -bounds to many children. Is this
City of Tamarac for retired persons only or can children
and young adults have rights of attending an amusement
center especially designed for them? The builder of
Tamarac Town Square was asked by a retired person not to
rent space to an amusement center. He asked "why not?"
and she replied, "I'm prejudiced against children". How
many people here today fall into the same category?
As a rule Publix,who-have children over the age ot_.14
working in a store and to help you carry out your shopping
carts. McDonalds will attract children from miles around,
how will you keep these children out? Table these reg-
ulations today, set up again a new and a fair set of rules
that will benefit both young and old. Thank you.
Herbert Friedman: I'm Herbert Friedman, I live at 6304 NW 73 Ave. in
Tamarac. I realize that I live a great distance away
from this so-called video center.
Mayor Falck: No, now just a minute. We are not talking about the video
center, sir. We are talking about the proposed Ordinance.
If you want to talk about the Ordinance you are free to do
that but you are not free to talk about anything else.
Herbert Friedman: In other words, I'm not allowed to talk against the
whole proposition?
Mayor Falck: There is no proposition. The only thing we are talking
about is an Ordinance that the City has proposed to
consider, that's all.
Herbert Friedman: Well., I'm sorry. I misunderstood, I just received the
Ordinance a few minutes ago and I came prepared to talk
about not having a video center in Tamarac.
Mayor Falck: If you want to talk about the Ordinance, you can do that
but if you don't want to talk about —I'm talking about
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11/10/82
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W
Mayor Falck: the provisions of the Ordinance now.
Cont'd.
Herbert Friedman: No. Thank you.
V/M Massaro: I wonder if the gentleman knows, we have no particular
amusement center that has petitioned to come in right
now.
Herbert Friedman: This is contrary to what I've heard.
V/M Massaro: There was one and it was withdrawn, there is none now.
There might be some that they may be considering but they
have not petitioned the City to come in.
Mayor Falck: Mr. Jones.
Mr. Jones: Mr. Mayor, thank you very much. Ladies and gentlemen
of the Council, I have corresponded with you all before,
of course, as you know, and I'd like to make one point
if you don't call me out of order.
Mayor Falck: Are you going to talk about the Ordinance?
Mr. Jones: Yes, sir. I'm going to talk about the Ordinance. I want
to preface it with one sentence. Today is the 207th
Birthday of the United States Marine Corp. and I'd like
to have you know that. Thank you.
Sir, I would like to say that in comparison to the original
Ordinance that was written back in February, what we have
in our hands right now proves one thing. It proves that
the system works. It proves that the people are listened
to in most respects. And, I would like to say, notwith-
standing the changes that have been proposed, I would
accept this as written because it is taking the primary
concern away from us with our B1 Neighborhood Business
zones. I would like to thank you for that and I would
.like to say also that, you know, compromise is not a
dirty word as long as it doesn't involve principle.
Yes, the system does work and I want to thank you very
much.
Mayor Falck: Thank you.
James Bartram:._.My name is James Bartram. I am President of Section 8,
Tamarac. Honorable Mayor, members of City Council and
especially Mr. Irving Disraelly. As President of Section
8, I would like to take the opportunity to thank each and
every one of you for your consideration of the health and
welfare of our community, not only of Section 8, but to
all other residents of our beautiful City. Thank you very
much.
Mayor Falck: Thank you. Mr. Specht.
Fred Specht: Mr. Mayor, Vice Mayor, members of the Council. Oh, my
name is Fredrick Specht, I live in Section 10. As regards
the City Ordinance #967, all of us here believe, I believe,
anyway, that the Ordinance should be made as restrictive
as possible to safeguard the morals and the education in
our City. Last night, to back that up, on last night's
television news, the United States Attorney General stated
that video games are enormously addictive especially for
school children. I would like to suggest one Amendment
to Ordinance #967. It should be amended to include on
Page 6, Section 14--107, a paragraph that was originally
- 24 - 11/10/82
/pm
Fred Specht: included in the original Ordinance that Mr. Disraelly
Cont'd. was working on. However, City Attorney Henning deleted
it because he thought it was necessary. The clause that
was deleted is as follows: "if approval of said license
would be contrary to the public health, safety, morals
and general welfare,then said license shall be denied".
Mr. Henning and City Councilmen, that clause belongs in
this Ordinance and it should be so amended. Now, if we
turn to a second Amendment, we turn to Page 5 of the new
Ordinance that is presented this morning...
Jon Henning: May I interrupt for just one second, please. Do you have
a copy of that prior page with you that I can look at
while you are addressing this second issue?
Fred Specht: Well, I'm going to use it.
Jon Henning: O.K., I'm sorry, go ahead.
C/M Disraelly: Here it is, Jon.
Jon Henning: Thank you, I have it.
Fred Specht: On Page 5, Section 14-106(c),"Amusement centers may be
located in free-standing, single tenant buildings provided
that no part of the property shall be closer than two
hundred fifty feet from the residential property".
I believe that is ambiguous and can be construed by a
court, if it ever came to a court case anywhere in the
City,differently than what you intended to mean here.
Now if we go back to an older Ordinance copy, it says on
Page 5, Section 14-106, "an amusement center shall not
operate closer than two hundred fifty feet from residentially
zoned property", and they use this word specifically..
"measurement shall be from the exit or entrance of the
amusement center nearest the residentially zoned property
in a straight line to the nearest boundary line",which
is different than "boundary","of residentially -zoned
property.
Now, let us go down here where it talks about the school...
"no amusement center shall be located closer than eighteen
hundred feet from any public or private primary or
secondary school or playground. Measurement shall be
from the exterior walls of the amusement center, which
is the building itself, nearest the school or playground
in a straight line to the nearest boundary line of that
school or playground". And I suggest that that was left
out of (c) where it only says "residential property"and
doesn't say anything about measurement from the exterior
wall and I suggest Mr. Mayor and Councilmen, that that
should be considered... consideration should be given to
that to make a change in that area which would make it
more specific.
Mr. Henning, I know that you had a discussion with Mr.
Kravitz at some point regarding the specifics, that was
in the Minutes, I got it from upstairs, so I know what
I'm talking about. Well, he said that being too specific
or overly specific sometimes leads to loopholes. Well,
I never heard...I think when you're specific you eliminate
loopholes. Thank you very much.
Bernie Hart: I want to join the plaudettes of previous speakers...
Bernie Hart, Section 16. I want to join the plaudettes
of some previous speakers particularly to Attorney Henning
- 25 -
11/10/82
/pm
Bernie Hart: and to C/M Disraelly because I know the serious amount
Cont'd. of work and time they put into this Ordinance and I
think this Ordinance comes out now pretty good. I want
to endorse the suggestions made by Ray Munitz. Other
than that, I think those changes are important in view
of the Surgeon General's remarks last night. I'm sure
most of them heard him on television or read it in this
mornings paper, but specifically, what he said was he
blasted video games as being hazardous to the mental
health of young people. There is nothing constructive
in them, everything in the games is eliminate, kill and
destroy. And,he was afraid that the kids may duplicate
the game violence outside of the video centers. That's.
why I believe that it is very important that this
Ordinance be as strong as possible. One of the changes
which I congratulate C/M Disraelly for making was the...
one of the changes in this Ordinance that was mentioned
by the previous speaker. I think the two hundred fifty
feet from the boundary of residential property to the
boundary of the commercial property is beautiful, it's
good because if you figure it out, it will eliminate any
existing building along Commercial Blvd. backing up to
any residential section.
I think the people should also realize that there is one
clause in this Ordinance which guarantees us the proper
actions in the future and that is the clause which states
14-108 which calls for a public hearing before any license
is issued. In other words, if in the future somebody
applies for a license to operate a video game, the Council
would then have to listen to the people at a public
hearing and I think it's important and excellent that it
is in here and I wish to congratulate the entire Commission.
Carolyn Mascolo: Carolyn Mascolo,.-.-_President of.-H.�thgat-lSunflow r
Homeowners Association. Ile are adults living in an
adult community. The only difference between our community
and everyone elses is that we still have that dreaded
species of humanity called the children"with us. We
do not condemn or condone video arcades and I'm not here
to speak to them, I'm here to speak to your Ordinance.
The Ordinance is as ridiculous as the fears I hear expressed
in this room and elsewhere. I was asked just now, by
a lovely lady sitting behind me, why did I come to this
City if I don't like it. Well, I came because I was
permitted to buy a house which this City permitted to be
built.
And, as such, I pay taxes and I think I am entitled to
as much consideration as anyone else. That is in answer to
why I'm here. Your Ordinance discriminates against
children, it is that plain and that simple. In this
State,16 year olds can drive. As the gentleman reminded
us,this is the anniversary of the Marine Corp. Flow many
18 year olds die so that you can sit here and make your
ludicrous rules? An 18 year old can fight and die for
you but he cannot
play a game.
A 19 year old can go
out
and drink, he can
get drunk and
rob you and rape you
and
pillage your homes
but that's ok
but he can't play a
game.
Now this is ridiculous, it borders on
does much else in this City. I will
Ordinance is as necessary as you say,
is as necessary as every human being
to think so, then I will demand that
retroactive and include Don Carter's
Family Mart. Liquor is served in Don
�00=
the insane but so
say this, if this
if this Ordinance
in this room seems
this Ordinance be
Bowling Alley and
Carter's, there are
11/10/82
/pm
A
Tape
6
Carolyn Mascolo: video games in Don Carters, it is a drug trafficking
Cont'd. area,which is well known to anyone in this City, and
yet I have not heard of one case of rape or pillage for
that infernal quarter to play that addictive machine.
I have not yet heard,one senior citizen stand and scream
to close Don Carters yet they're there every day playing
side by side with the very dreaded children they fear.
Now if you must have a ruling for one area of this City,
then I want that ruling to apply to all areas of this
City including mine because I have to put up with Don
Carters, Section 8 doesn't unless they choose to.
Now, if we're going to be a City for every citizen then
let the Ordinance apply to every citizen. If we're going
to be a City for every single, solitary type of business
let your Ordinances apply to every business. If you
cannot play a game near Section 8 then you cannot play
a game anywhere else. If there is liquor, you claim,
in your Ordinance, you cannot allow children to play that
game. Well, there is liquor in Don Carters. I ask you
to think very seriously about what you're doing. I have
no doubt in my mind it's unconstitutional but it's
ludicrous, the ludicrous tears evoked by the mere playing
of a computerized game, it's sad.
Other than that, your Ordinance probably won't affect us
one way or the other but reconsider...
Mayor Falck: Please.
Carolyn Mascola: ...the age limits. There is no way that you can tell
a person who has graduated high school that he isn't old
enough to play a video game.
Mayor Falck: I said I would clear the hall. This lady was entitled to
speak, let's just conduct ourselves accordingly.
Jack Gleason: My name is Jack Gleason from Section 8. Mr. Mayor,
honorable Council, the previous speakers have covered
the techniques of the Ordinance pretty good. There are
many ancillary aspects that must be considered when you
review a thing like this and You grant it. Now, I'm
talking about a hypothetical case which a Rum Runner
building... now, wait now, I'm just asking if I can make
a suggestion in your reviewing the case. Because these
things are important if you're going to grant these things
to outsiders. Now, let me give a for instance.
In our area, we're a very quiet, senior citizen area,
we've gone along with this City all this time. We
created a Beautification Committee, we've made this a
beautiful City which we are mighty proud of and if we're
gonna bring in —now just hear me out a little bit.
You bring in a game room to a section like ours, the
people that are coming in there are
motorcycles, souped up cars...
Mayor Falck: Wait just a minute —we're not talking about that, sir.
We're talking only about the Ordinance.
Jack Gleason: Yes, but, in your consideration of the Ordinance, shouldn't
you grant our people a little thought? Shouldn't you
know that the people... the techniques of the Ordinance...
C/M Disraelly: Kr• Bartram is satisfied with the Ordinance and he's
President of your Section. He made the statement earlier
- 27 -
11/10/82
/pm
r
C/M Disraelly: and there is a licensing procedure, if somebody comes
Cont'd. in to go into the Village Mall, there will be a public
hearing at which time we will discuss that particular
item. But, the Mayor wants to be held on this Ordinance
only. If they come in, then you can come in at that
time, Mr. Gleason. Thank you.
Saul Mesinger: Good afternoon. As a resident of Tamarac and a home
owner, it is gratifying to know the high degree of
responsiveness that the Council has in this matter. I
speak as sort of a semi --expert in this field since I
visited a game room operated and I found out the difficulties
inherent in policing such an operation. There may be
some great justification in what the lady said previous,
next to the last speaker. It may be quite not fair,
perhaps to embody all of these age limitations in the
Ordinance and everything.
And, I suggest that the policing problem inherent in these
operations is very difficult. In the game room that
I visited, for just a few minutes during operating hours,
I noticed that children were left unattended, that fire
doors were barred, that the entrance doors were not
guarded... this was during operating hours. And, I
suggest, perhaps, that the Ordinance should relate itself
to impact effects on the community. And, I think that
you have adequately covered that by the very, very
stringent footage ... the noise problem, the traffic problem,
all have severe effects on the neighboring communities
and when they are residential in nature it makes it very
difficult. I feel that you have addressed yourselves
properly to those requirements.
I feel,perhaps, that the Ordinance may run afoul of the
law, prior law, when it also restricts age limitations
and things of that sort. I think that the whole Ordinance
may be jeopardized by this ... I leave that to Mr. Henning
to determine. But, I feel that the Ordinance should
address itself to the neighborhood impact and in that
way, I think you have been very responsive.
Mayor Falck: Thank you, very much. Now the only other name I have
down here was. Dr. Abbey, I'm going to take him, one other
person —end.
Dr. Abbey: I'll take a rain check.
Albert Young: I'm Albert Young and as you know I wear a number of hats
but for today I am representing, Mayor and Council,
the Woodlands Homeowners Association who had a meeting
of its Board of Directors on Monday. I'm quoting their
Resolution: "Please be advised that the Board of Directors
of the Woodlands Homeowners Association", by the way that's
eight sections,,,by unanimous vote is in fu=_ support of
your proposed Ordinance to strictly control the install-
ation of the video game recreation area". However, I
never saw a copy of the Ordinance until today, and,
therefore, I may be able, as Chairman of the Safety
Committee there to add the following: I believe that
Ray Munitz and these other boys, Bernie Hart and so forth
have the right idea. If you could incorporate some of
the subjects they have added to the Ordinance, I'm positive
that we,at Woodlands, the Homeowners Association, would
be very happy. Thank you.
- 28 - 11/10/82
/pm
Mayor Falck: Now, the public hearing is closed. I did indicate on
the Agenda that Council, and I'm asking our City Clerk
at this time, to give Council a verbatim that includes
all these suggestions so that we can put them all
together so that we can at least intelligently consider
it. I want to, before I adjourn this session, I just
want to thank all of you. You have behaved very well.
You have caused me a minimum of problems and I am deeply
grateful. We are recessed for the next five minutes.
End of Verbatim transcript.
35. Executive Center - Discussion and possible action on:
a) Site Plan - Temp. Reso. #2470
b) Landscape Plan
c) Water Retention Agreement
d) Water and Sewer Developers Agreement
e) Acceptance of road right-of-way deed for 40--feet on University
Drive - Tem . Reso. #2471
f) Acceptance of 12-foot utility easement - Tem12. Reso. #2472
(to be located on the east side of University Drive, south of
Sunflower Shopping Plaza) (Tabled from 10/13/82).
SYNOPSIS OF ACTION: a) APPROVED with RESOLUTION NO. R-Va7-,.3 PASSED.
conditions, b), c), d), e), and f) RESOLUTION NO. R_ jEa- ��PASSED.
APPROVED. RESOLUTION NO .. R . �� a 3 ^PASSED .
a) Jon Henning read the Resolution by title. Richard Rubin said the checks
are being prepared now and the revisions to the Developers Agreement have
...... ... .
already been initialled and he gave 3 checks to the Assistant City Clerk.
He said the application is for 1.88 acres to be located in a piece of
property zoned Bl on the east side of University Dr. abutting the
Sunflower Shopping Center. He said this item was ready for Council
two weeks aao but at that time Council was concerned that the service
road would be continuous from this property to the property to the
south,which was reviewed and resolved at the last meeting. The plan
before Council today incorporates that comprehensive service road into
its overall site plan.
This project has been reviewed by the Planning Commission and approved
on 9/15/82 and the Beautification Committee approved it on 9/13/82;
On Page 4 of the Developers Agreement there are certain things upon
which approval should be subject , Mr. Rubin said:
(1) that the developer obtain a permit from DOT for median opening on
University Dr. prior to pulling a building permit.
(2) Developer to be reminded that there is a limited number of parking
spaces and it could create future problems with occupancy.
(3) the petitioner has agreed to make a voluntary payment of $5,000
toward a traffic light prior to issuance of the building permit
because these funds will not be available until he is ready and
receives a construction loan.
Richard Rubin said the Water and Sewer Agreement has been signed and
initialled at the new rate of $7,500 and he gave this to the Assistant
City Clerk along with a check for $7,500 for that item. He said they have
just received a check for $244.40 for Drainage Improvements and $3,290.29
for Drainage Retention.
_ C/M Disraelly asked Mr. Kramer if he had a sign identifying the building.
Mr. Kramer said he would come back on that because right now
they were uncertain as to what they were going to do. C/M Disraelly
said there should be higher barricades where there are wheel stops for
the access road going south.
�40-=
11/10/82
/pm
C/M Disraelly noted that when the medians are put in they must be
backfilled and bahia sodded. Richard Rubin noted this on the plan
and it was initialled.
C/M Disraelly MOVED APPROVAL of Temp. Reso._#2470 with the developer
to obtain a permit from DOT for the median opening on University Dr.
prior to receiving a building permit. The developer is to be advised
that there is a limited number of parking spaces and could create
future problems of occupancy if medical offices go in there. A
voluntary contribution of $5,000 toward a new traffic light to be paid
prior to the issuance of a building permit and designated the traffic
light in front of the hospital. The University Dr. new curbing is to
be backfilled and sodded with Bahia grass. That a ;little higher
barricade, approved by the City Planner, will be erected to prevent
entrance into the reverse swale road. SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
b) C/M.Disraelly said the Landscape Plan was reviewed by the Beautification
Committee and they could find no problems,and he MOVED the APPROVAL of
the Landscape Plan. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
c) V/M Massaro MOVED the APPROVAL of the Water Retention Agreement as
submitted, SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
d) V/M Massaro MOVED the APPROVAL of the Water and Sewer Agreement,
SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
e) Jon Henning read the Resolution by title. C/M Disraelly said the City
has the Right -of -Way Deed and the sketch indicating where it is and he
MOVED the APPROVAL of Temp. Reso. 42471. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
f) Jon Henning read the Resolution by title. C/M Disraelly said the City
has a sketch and the utility easement signed by the general partner and
he MOVED the ADOPTION of Temp. Reso. #2472. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
39. Swanson West - Discussion and possible action on:
a) Site Plan - Temp. Reso. #2512
b) Landscape Plan
c) Water and Sewer Developers Agreement
d) Water Retention Agreement
e) Acceptance of an Access. Easement for ingress/egress - Temp.
Reso. 42513.
f) Acceptance of a Utility Easement for a Fire Hydrant - Tea.
Reso. #2514.
(to be located on the northwest corner of Commercial Boulevard
and NW 84th Terrace).
SYNOPSIS OF ACTION: a) APPROVED RESOLUTION NO. R_:: � 3a 9 PASSED.
with conditions, b) APPROVED, c) RESOLUTION NO. _PASSED.
APPROVED with conditions, d), e), RESOLUTION NO. R- A, PASSED.
and f) APPROVED.
- 30 -
11/10/82
/pm
L
a) Jon Henning read the Resolution by
that the checks had been submitted
$2,345.00 - Drainage Retention
174.20 - Drainage Improvement
3,750.00 - Water and Sewer fees
title and the City Planner indicated
_
to the Assistant City Clerk:
Richard Rubin said the property is zoned Bl and is 1.34 acres of land
located in the northeast corner of Commercial Blvd. and NW 84 Terr.
He said the project has been reviewed by the Planning Commission and
the Beautification Committee and both have recommended approval with
a condition that has already been resolved and that was the roadway
on 84th Terr., the driveway, is not indicated now. He said there is
a limited number of parking areas and if an extensive use goes in here
the applicant should be well aware -of -the fact that he could be
creating a parking problem which could result in not receiving the CO
for the last. bay.
V/M Massaro said the applicant must bear in mind -as this progresses
that if the occupancy increases the amount of ERCs that the building
will require,the applicant cannot proceed until such time as a new
agreement is entered into with the City and the Engineering Department
will be monitoring that. She said if it should exceed 10 ERCs the
applicant will be required to pay an extra $500 fee for Engineering
review because they are only submitting a shell of a plan until such
time as they know what will be sublet.
C/M Disraelly asked if they anticipate any medical offices in there
and Gene Lozano, Engineer for the applicant, said no. C/M Disraelly
said if they do, then there would be a problem and he would again
request that the median on 57th St. be backfilled and sodded with
bahia grass.
Ray Munitz said there is a terrible drainage problem at the corner of
57th St. and 84th Terr. and he asked if this were taken into consider-
ation with the drainage problems of this project. V/M Massaro said
57th St. is a problem and should be tied into the Commercial Blvd.
drainage.
Gene Lozano said --this is--a-total ons to retention system with an over-
flow system to Commercial Blvd. He said if they come with public right-
of-way water through this retention system it is running public water
onto a private site which is against Florida and national law. V/M
Massaro said a positive line could be run through there. Mr. Lozano
said their system could not physically take this and V/M Massaro said
then this should be a separate line.
Larry Keating, the City Engineer, said the drainage addresses the site
proper only and what needs to be done is that a catch basin should be
installed at the southeast corner of 57th St. and the culvert connected
to the existing culvert at the northeast corner of Commercial Blvd.
Gene --Lozano said he would have to check with the County since they had
to get a permit to tie their private system in there. V/M Massaro said
the City will have no problem with this. The City Engineer said if
Council wants to include this in their motion, rather than be specific
as to exactly how it is done, they could indicate only that a catch
basin should be installed at the southeast corner.
V/M Massaro pointed out that if the County does not want them to come
directly into Commercial Blvd. with a positive drainage line, it is
going to change what is done inside the applicant's property because
he has already indicated that their system will not take anything more.
She said this means that the internal system has to be changed then.
Mr. Lozano said public water cannot
be flowed onto private sites and V/M Massaro said DOT has already told
the City as long as there is an easement it can be done.
- 31 - 11/10/82
/pm
V/M Massaro suggested that Mr. Lozano -_allow the City to get the approval
for this from the County for permission to run --.his type of a drainage
line from that corner of 57th and 84th to Commercial Blvd. V/M
Massaro MOVED the APPROVAL of this site plan subject to the catch basin
being installed on 57th St. and a positive line being installed to the
system on Commercial Blvd. Failing to be able to get proper permission
for this from Broward County, the drainage system will have to be
reevaluated by the engineer, and approved by the City Engineer. This
APPROVAL is for Temp. Reso. #2512 and subject to the median being
backfilled and sodded with bahia grass. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
b) C/M Disraelly said the Beautification Committee approved the Landscape
Plan on 9/13/82 and he MOVED that the Landscape Plan revised 10/12/82
be APPROVED incorporating the changes the Beautification Committee
-requested. SECONDED by C/M Krantz.
Tape VOTE:
7
ALL VOTED AYE
c) Richard Rubin said he would ask Council to approve this Water and Sewer
Agreement with the condition that no permit can be issued until this
is received. C/M Disraelly MOVED to ACCEPT the Water and Sewer
Developers Agreement subject to the mortgage holder's fully executed
agreement which will have to follow and the fees have been paid.
SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
d) V/M Massaro MOVED the APPROVAL of the Water Retention Agreement,
SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
e) Jon Henning read the Resolution by title and V/M Massaro MOVED the
ADOPTION of Temp. Reso. #2513, SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
f) Jon Henning read the Resolution by title and C/M Disraelly MOVED the
ADOPTION of Temp. Reso. #2514, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
21. M_cNab Plaza North (Sheppard_Plaza) -- Discussion and possible
action on Amendment No. 2 to the Water and Sewer Developers
Agreement.
SYNOPSIS OF ACTION: APPROVED
with receipt of check for
$1,312.50. (See Page 12)
The applicant submitted a check in the amount of $1,312.50 for fees and
V/M Massaro MOVED the APPROVAL of the Water and Sewer Agreement for
McNab Plaza North, an amendment to the original amendment, SECONDED
by C/M Krantz.
VOTE:
ALL VOTED AYE
25. Edgewater Village - Model. Sales Facility - Discussion and possible
action to approve renewal of a model sales permit and waiver of
the 150-foot distance requirement for certificates of occupancy.
SYNOPSIS OF ACTION: APPROVED for
6 months from 9/12/82 to expire
3/12/83.
V/M Massaro MOVED the APPROVAL of the model sales facility since they
have paid the back fees of $1,800. The permit will be extended for a
-- 32 -
11/10/82
/pm
A
� r �
6 month period from 9/12/82 to 3/12/83.
VOTE: ALL VOTED AYE
SECONDED by C/M Krantz.
26. Isles of Tamarac - Model Sales Facility - Discussion and possible
action to approve renewal of a model sales permit and waiver of
the 300-foot distance requirement for certificates of occupancy.
SYNOPSIS OF ACTION: TABLED.
The City Clerk is to advise
them they must submit their fees
and the City Attorney is to write
a letter.
C/M Disraelly said there is no letter of request for renewal and the
fees have not been paid, therefore, he MOVED to TABLE and have the
City Clerk advise them that if the fees are not paid by the next
meeting, they will be closed..... V/M Massaro said a letter should be
sent. bythe City..Attorney
VOTE:
ALL VOTED AYE
27. Southgate Gardens East/Mission Lakes - Model Sales Facility -
Discussion and possible action to approve renewal of a model
sales permit and waiver of the 300-foot distance requirement
for certificates of occupancy.
SYNOPSIS OF ACTION: APPROVED waiver
and permit for 6 months from 11/13/82.
V/M Massaro MOVED the APPROVAL of the renewal of the model sales permit
for Mission Lakes for a period of 6 months from 11/13/82. SECONDED
by C/M Krantz. V M Massaro also included --the waver in the -MOTION.
ALL VOTED AYE
28. Woodmont Tracts 68/77 - Model Sales Facility - Discussion and
possible action to approve renewal of a model sales permit and
waiver of the 300-foot distance requirement for the certificates
of occupancy.
SYNOPSIS OF ACTION: APPROVED
for 6 months from 11/13/82.
C/M Disraelly MOVED the APPROVAL for 6 months for Tract 68/77 from
11/13/82. SECONDED by C/M Krantz.
11tialm
ALL VOTED AYE
29. Woodmont Tract 70 - Model Sales Facility - Discussion and possible
action to approve renewal of a model sales permit and waiver of
the 150-foot distance requirement for certificates of occupancy.
SYNOPSIS OF ACTION: TABLED.
The City Clerk is to notify
them of fees due.
C/M Disraelly said this permit expired last week and since it is first
notification, the City Clerk should do so. V/M Massaro MOVED to TABLE,
SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
- 33 -
11/10/82
/pm
30. Woodmont Tract 71 - Model Sales Facility - Discussion and possible
action to approve renewal of a model sales permit and waiver of
the 150-foot distance requirement for certificates of occupancy.
SYNOPSIS OF ACTION: APPROVED for
6 month period beginning 11/12/82.
Applicant to be notified that fee of
$150 is for a 6 month period.
C/M Disraelly MOVED the APPROVAL of Woodmont Tract 71 for a 6 month
extension beginning 11/12/82. SECONDED by V/M Massaro and she asked
to have included that the letter that is sent to them include
the statement that their request was in error in that the fee of $150
is for a 6 month period.
VOTE:
ALL VOTED AYE
32. Woodmont Tract 72B - Bond Release - Tem . Reso. #2516 - Discussion
and possible action to release a warranty bond posted for public
improvements.
SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R - ��-- 7j/� PASSED.
C/M Disraelly read the Resolution by title and V/M Massaro MOVED the
ADOPTION of Temp Reso. #2516 releasing the warranty bond for Montwood,
Inc. for public improvements on Tract 72B. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
33. Woodmont Tract 49 - Bond Release -- Temp. Reso. #2517 - Discussion
and possible action to release a warranty bond posted for public
improvements.
SYNOPSIS OF ACTION: APPROVED.
RESOLUTION NO. R- PASSED.
C/M Disraelly read the Resolution by title and V/M Massaro said, Montwood,
Inc. is simply in the business of -selling their land and they are not
developers. She said they have,from time to time, taken certain lots
off - their Developers Agreement and assigned them to someone else and
after speaking with Mr. Epple, she informed him that when he takes
and transfers lots from his original agreement and has an assignment
to these people, that does not necessisarily mean that he has relieved
himself of the responsibility for the guaranteed revenues.
C/M Disraelly suggested informing the City Attorney of this,since he
was not present during this discussion, and this is very important as
he is writing this agreement and this is an important part. V/M Massaro
said she would inform the City Attorney of her comments and she MOVED
APPROVAL of Temp. Reso. 42517, SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
40. Drainage Improvements in the City - Discussion and possible action.
SYNOPSIS OF ACTION: Reports by V/M Massaro
and Ci +tv Mana..crpr..
V/M Massaro said they are working in Mainlands 7. Mayor Falck said
regarding Sunflower/Heathgate, the communications that the City has
received, either as part of the suit or otherwise, ties in all sides
and he will send information to Alan Ruf for his review. V/M Massaro
said there is no way the City can do anything further in these particular
areas until they are willing to give the necessary easements to the City
without costs attached to them.
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/pm
The City Manager said at one of the Council meetings in October,
Council approved final payment in the approximate amount of $150,000
for work that was done on drainage modifications for Sunflower/Heathgate.
V/M Massaro said the City has done all they can do in the public right-
of-way because they have refused to give the City the necessary
easements to do anything more.
The City Manager said she sent to Council copies of a memo from Ralph
Thissen indicating certain areas where there was some drainage problems
during the heavy rains in the last couple of days. She said in a number
of these instances there may be clogged drains creating the major problem
but both Ralph and Larry Keating have expressed some concern about
Lagos de Campo. She said she has authorized them to take care of
certain clogged drains.
44. Tamarac Utilities West - Emergency Re airs - Walkway Repairs -
Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 2). APPROVED for an amount
not to exceed $3,000.
V/M Massaro said this has been discussed by the City Manager, City
Engineer and herself for some time and they have decided to use the
same type of grating that is there now except that it would be
aluminum and they have a telephone quote which will be confirmed by
mail. She said this would be f.o.b. Tamarac and delivery.wi.thin 2.
.............
weeks at a cost of $2,513 and then there will be a cost of approximately
$300 for the installation of shims so that this grating will fit in
with the present structural members that are there now. The City
Engineer is, therefore, asking for an approval not to exceed $3,000
for the aluminum gratings needed for the surge tank and she MOVED that
it be APPROVED, SECONDED by C/M Krantz.
VOTE:
46. Interlocal .
Reso. #2522
SYNOPSIS OF
APPROVED and
the check to
ALL VOTED AYE
greement Between Tamarac and Broward County - Temp.
- Discussion and possible action.
ACTION: Agendized
the City Attorney
the County.
by Consent. RESOLUTION NO. R _!f,2 - 3 3 3 PASSED.
is to send
Jon Henning asked to have Agendized by Consent action concerning
approving an Interlocal Agreement between Tamarac and Broward County.
C/M Disraelly MOVED to Agendize by Consent discussion and possible action
on Temp. Reso. #2522, SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
Jon Henning read the Resolution by title and said at a public hearing,
which was the first reading of the 201 Proposal of Broward County, on
8/19/82 the Broward County Commission unanimously approved the proposals
of Tamarac to amend the program pertaining to irrigation and all the
other ramifications of that proposal. He said, in light of that
suggestion, there was a necessity of amending and rewriting a portion
of the 201 Program and that was recommended and agreed to be done by
the County's Consulting Engineers and as part of the City's proposal,
it was agreed that the City would underwrite the fee for that rewrite.
Mr. Henning said he assumes from this arrangement that the County is
paying them for the rewrite and the City of Tamarac is reimbursing the
County. He said the check has already been cut and this contract is
just for this and is not an ongoing arrangement.
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11./10/82
/pm
C/M Disraelly said the funding will come from the General Fund of the
Utility. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2522 and
authorize the City Attorney to send the check to the County.
SECONDED by C/M Disraelly.
VnTF:
ALL VOTED AYE
47. Bill for Linton Lovett, Special Counsel for 201 Program - Dis-
cussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
APPROVED invoice for services from 9/20
to 11/8 in the amount of $3,675 with funds
to come from the Utilities General Fund.
V/M Massaro MOVED to Agendize for discussion and possible action,the
bill for Linton Lovett, SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
V/M Massaro MOVED the APPROVAL of the invoice for $3,675 for Linton
Lovett for services performed through the period of 9/20 through 11/8,
the funds are to come from the Utilities General Fund. SECONDED by
C/M Disraelly.
VOTE: ALL VOTED AYE
41. City Council Reports -
C/M Krantz said the Public Information Committee has a new tape on an
audio/visual program that they would like Council members to view. It
takes approximately 22 minutes and Mr. Bass will arrange a time which
is suitable for everyone.
C/M Kravitz - No report.
C/M Disraelly said at 10:30 a.m. tomorrow there will be proceedings at
Veterans Park with a program sponsored by the Veterans Alliance of the
City.
48. Trip for Mayor Falck to Los Angeles for National League of Cities
Meeting from 11/27 to 12/1 - Disucssion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
APPROVED.
Mayor Falck said there has been discussion in the past concerning his
attendance at the meeting to be held in Los Angeles for the National
League of Cities. He said there are a series of workshops scheduled
to discuss senior citizens as well as alternate methods of transportation,
which were helpful in getting the second van for the City. He said some
other topics of discussion would include local recreation programs, which
would also be of help to the City.
C/M Disraelly MOVED to Agendize by Consent discussion on authorization
of Mayor Falck's trip to Los Angeles to attend the meeting of the
National League of Cities from 11/27 to 12/1. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
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11/10/82
/pm
C/M Disraelly MOVED that Mayor Falck be authorized,on behalf of the
City, to attend the National League of Cities meeting which starts
on 11/27 to 12/1, expenses will be within the pervue of the City
Ordinance. SECONDED by V/M Massaro.
VOTE:
42. Cit Mana er Re ort -
ALL VOTED AYE
Laura Stuurmans said she received a phone call from Sharon Ellis,
Recreation Director, reminding that Tract 27 is a "No -Name Park".
She said since this is getting close to opening date, perhaps Council
should consider putting this on the Agenda for.discussion. She said
there were some memos submitted by Council members with suggestions
for names and this could be discussed further at the meeting of 11/24.
Laura Stuurmans said Council has received a letter from Treehouse
regarding their garbage collection. She said, apparently, the City
Clerk has advised her that they are also getting the same request from
the original West Southgate Gardens Project. She said Brad Gardner
has spoken to her since September about Versailles Gardens garbage
collection by way of the City's garbage collection program. She said
these are former rental apartments that have now become condominium.
She said the last time this was discussed with Mr. Gardner, she felt
the matter could be reviewed but the City would not be paying for empty
units that have not been sold to private ownership. She said if the
Managers of the complexes could provide the City with a list of closed
occupied units, then the City would be willing to address when they could
start collection.
Laura Stuurmans said she raised this question because since there are
now three of them before the City for consideration, they could try to
make some decision in that regard. She said since the City's garbage
contract with BPI predicates a start-up of service, there are two points,
the issuance of a CO and two dates, 10/1 and 4/1. She said the COs
issued as of 10/1 are billed through the period 10/1 through 4/1, anything
that goes in between that period will not start to 4/1. She said these
are units that have had COs for -a long time, but are not necessarily
bought by individual owners as of yet. She said she does not feel that
either the complex or the City should be paying for an empty unit.
V/M Massaro said she feels that the City should not be paying for any
until it is all sold out because there is no way to keep track of that.
She suggested paying for nothing until it is completely owned individually
by the tenants. C/M Disraelly said he feels the City Attorney should
get involved with this.
41. Council Reports
Tape V/M Massaro read into the record a letter she received from Keith and
8 Schnars concerning the signalization on McNab Road and 88th Ave. She
said they have requested that the property owners on three of the corners
prepare a quit -claim deed in accordance with the easement descriptions
and they will then proceed with the final design and installation of this
.............
signalization. She said she is going to ask Keith and Schnars to prepare
the quit -claim deeds for the owners signatures and between the County and
Woodmont, everything will be paid for.
The City Manager asked V/M Massaro if she had received the information
on the other lights that Woodmont had committed to the County and V/M
Massaro said she has a letter from Woodmont indicating the agreements
that they have with the County and within the next few days she will get
copies of this to Council. She said the problem was that the County's
obligation to do any of this would expire in February.
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/pm
43. City Attorney Report
Jon Henning said two days this week he was attending the meetings
of the National Institute of Municipal Law Officers at the Hyatt
Regency. He said some of the topics included cable TV franchises,
video arcades, insurance problems, etc. He said regarding the
Executive Airport, he will be sending memos to Council. He said
the City has voluntarily delayed that for a couple of months and
are trying to get a meeting with Fort Lauderdale and the airport
officials.
V/M Massaro said at the convention she attended, they brought up
for discussion the franchise on cable TV as it relates to private
streets and they questioned whether the cities can charge any franchise
fee. She said this should be taken into consideration when the
City makes the agreements. Jon Henning said they are now starting
some groundwork with F & R and he will get more details on this to
Council.
THE MEETING WAS ADJOURNED AT 4:50 P.M.
Y R
ATTEST:
A SISTANT ITY CLERK
This public doc orient was promulgated at a cost of $ , /3 or $ / • J 9. ___
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.
- 38 - 11/10/82
/Pm
APPROVED BY
CITY Cl3W010i'4