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HomeMy WebLinkAbout1982-12-22 - City Commission Regular Meeting MinutesR1 F,O. Box 25010 TAMARAC. FLORIDA 33320 d FIRST CLASS MAIL CITY OF TAMARAC, FLORIDA CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, DECEMBER 22, 1982 CALL TO ORDER: 9:30 A.M. ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE -- The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. PRESENTATIONS AND AWARDS 1. Employee Service Awards - Presentation by City Manager Stuurmans of five-year pins to Charlie Baldwin of the Public Works Department, Andrew Ko.erick of the Police Department, and ten-year pins to Eddie Paulette of Public Works, Frank Cahill of Utilities East and Serge Joseph of the Police Department. 2. Board and Committee Member Commendations - Presentation by Mayor Falck of Certificates of Appreciation to present. board and committee members who Have served five or more years. 3. Florida Derby Festival - Presentation by Mayor Falck of a proclamation designating February 11 through March 5, 1983, as "The Florida Derby Festival", with a film presentation following. BOARDS AND COMMITTEES 4. Beautification Committee - Temp. Reso. #2564 -- Discussion and possible action to appoint a member to this committee. TAMARAC UTILITIES WEST 5. Bid Award - Tem . Reso. #2541.- Discussion and possible act to award a bid for the installation of a raw water main (tabled from 12/8/82). 12/22 - Pg. 1 Awards presenter 12/22 - Pg. 2 Certificates presented. 12/22 - Pg. 3 Proclamation presented. 12/22 - Pg. 6 APPROVED. 12/22 - Pg. 6 APPVD. bid to Intercty.Constr 6. Bid Award - Temp. Reso. #2542 - Discussion and possible actin 12/22 - Pg. 7 to award a bid for the installation of Water Wells No. 10 and APPVD. bid to 11 (tabled from 12/8/82) . Boyle Construc. 7. Bid Award - Tem . Reso. #2563 - Discussion and possible actin 12/22 - P9.7, 9 to award a bid for the installation of a central air conditio harorac APPVD. bid to ing and heating system at the Administration Building. A.C. PAGE TWO CONSENT AGENDA 8. Items listed under item #8, Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. There will be no separate discus- sion of these items. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a) Minutes of 10/27/82 - Regular Meeting - Approval recommended by City Clerk. b) Minutes of ll/l/82 -- Reconvened Meeting - Approval recommend- ed by City Clerk. c) Minutes of 11/10/82 - Regular Meeting - Approval recommended by City Clerk. d) Alan F. Ruf - Consulting City Attorney - 12/17/82 - $1,975.0( Approval recommended by City Attorney. e) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 10/12/82 - $269.15 - Approval recommended by City Engineer. f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 11/10/82 - $4,581.23 -- Approval recommended by City Engineer. g) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 12/7/82 - $7,882.00 - Approval recommended by City Engineer. h) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 12/7/82 - $529.75 - Approval recommended by City Engineer. i) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 12/8/82 - $331.50 - Approval recommended by City Engineer. j) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 12/8/82 -- $2,636.50 - Approval recommended by City Engineer. k) Mitchell Ceasar - Grants Consultant - Retainer for November and December, 1982 - $2,500.00 - Approval recommended by City Manager. 1) Josias & Goren - Special Counsel regarding Borrow Pit - 11/28/82 - $594.75 - Approval recommended by City Attorney. m) Alexander Grant & Co. - Auditors - Services regarding financial statements as of 9/30/82 and preparation of report- $11,000.00 - Approval recommended by Finance Director (tablet from 12/8/82). n) Howard, Brawner & Lovett - Special Counsel regarding Large User Agreement with Broward County - 12/10/82 - $5,395.00 - Approval recommended by City Attorney. o) Superior Reporting, Inc. - Broward County 201 Facilities Plan Update - 12/7/82 - $938.00 - Approval recommended by City Attorney. p) Utilities West - Administration Vehicle - Authorization to purchase one Ford Ranger Pick-up truck at a cost of $6,162.55 via State Contract. q) Bid Authorization - Authorization to go to bid for treatment and cleaning of canal ditch banks. r) Parks and Recreation Department - Approval of an agreement with Broward Federal Savings and Loan Association for use of its Community Room for certain classes. 12/22 -Pg.7, 9 TABLED. TABLED. TABLED. APPROVED. APPROVED. APPROVED. APPROVED. APPROVED. APPROVED. APPROVED. APPROVED. APPROVED. APPROVED. APPROVED. APPROVED. APPROVED. TABLED. APPROVED. PAGE THREE s) Authorization for a Cookie Sale by the Broward County Girl Scout Council on January 28 to February 10, 1983, and waiver of Chapter 22 of the Code .governing "Solicitors and Canvassing GENERAL ADMINISTRATIVE/FINANCIAL 9. Grants - Update report on the status of grants by Mitchell Ceasar, Grants Consultant. 12/22 - Pg. 9 APPROVED. 12/22 - Pg. 2 Rept. M.Ceasaz 10. Bid Awards - Public Works Department - Discussion and possible 12/22- Pg.10 action to award bids for; a) b) c) APPROVEE a) Two metal buildings.- Temp.. Reso. #2565 d) TABLED. b) One Tractor/Loader/Backhoe Combination and Trailer - Temp. Reso. #2566 c) One Front Loader Bucket for Ford 2000 Tractor - Temp. Reso. #2567 — - d) Automatic Curber - Temp. Reso. #2568 11. Fraternal Order of Police Agreement - Temp. Reso. #2583 -- Dis- cussion and possible action to approve a one-year agreement and authorizing the appropriate officials to execute same. 12. A uatic Plant Control Funds - Tem . Reso. #2569 - Discussion and possible action to amend Resolution 82-256 designating the officials responsible for administering this program for Fiscal Year 1982/83. 13. Solid Waste Disposal - Temp. Reso. #2504 - Discussion and pos- sible action to authorize the appropriate officials to execute an agreement with Broward County for solid waste disposal and resource recovery (tabled from 11/10/82). 14. Bro_ward League of Cities Business - Discussion and possible action. LEGAL AFFAIRS 15. 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 7/21./81) (tabled from 12/8/82) This item is scheduled to be heard approximately 10:15 A.M. 16. Southern Bell Rates - Temp. Reso. #2570 - Discussion and pos- sible action opposing the Public Service Commission petition for rate increase. PUBLIC HEARINGS - 2:00 P.M. 17. Land Use Plan - Temp. Ord. #1008 - Discussion and possible action concerning the adoption of amendments to Tamarac's Land Use Plan Element of the Comprehensive Plan. Second Read 12/22 - Pg. 5 APPROVED 12/22 -Pg. 13 APPVD. design- ating S.Gould. 12/22 - Pg.13 APPROVED as amended. 12/22 - Pg.13 No Reports. 12/22-Pg.3,4,E DENIED on 2nd reading. 12/22 - Pg.13 APPROVED. 12/22 - Pg.15 APPVD. on 2nd 18. James Stevens - Newspaper Collection Franchise - Temp. Ord. 12/22--Pg.15,1 #1009 - Discussion and possible action to grant .a non-exclusiv APPVD. on 2nd franchise for newspaper collection. Second Reading. reading. 19. Thomas J. Putnoky - Newspaper Collection Franchise - Temp.Ord. 12/22-Pg. 16 #1010 - Discussion and possible action to grant a non-exclusiv APPVD. on 2nd franchise for newspaper collection. Second Reading. reading. 20. Charter Amendments - Temp. Ord. #1012 - Discussion and possible 12/22-Pg.16,1i action to place on the ballot of March 8, 1983, proposed amend APPVD- on 2nd ments to the Charter as recommended by the Charter Board. reading. Second Reading. PAGE FOUR 21. Anthony Cicchino & James Hollingsworth d/b/a J & B Auto Repair Special Exce tion Petition #38-Z-82 - Temp. Reso. #2571 - Dis- cussion and possible action to grant a special exception to allow a general auto repair business in a B-3 (General Bus iness) zoning district.in Bays C and D at 5098 NW 37 Avenue. 22. Kit 'n Kaboodle of Broward, Inc. - Special Exce tion Petition #39-Z-82 - Temp. Reso. 42572 - Discussion and possible action to grant a special exception to allow teaching of yarn and fabric crafts in a B-2 (Planned Business) zoning district in Bay 19 at 7148 N. University*Drive. 23. Queen of the Sea, Inc. - Special Exception Petition #40-Z-82 - Tem Reso. #2573 Discussion and possible .. p. - p action to grant a special exception to allow on -premises consumption of beer and wine in a B--1 (Neighborhood Business) zoning district in con- junction with a proposed restaurant to be located at 6101 N. University Drive. COMMUNITY DEVELOPMENT 24. Kings Point -- Discussion and possible action on a landscape plan for a certain portion of Nob Hill Road. 25. Kings Point Recreational Complex - Discussion and possible action on: a) Site Plan - Temp. Reso. #2532 b) Landscape Plan c) Water and Sewer Developers Agreement (to be located on the east side of Nob Hill Road, south of NW 77 Street) (tabled from 12/8/82) 26. Kings Point Professional Plaza - Bond Release.- Temp. Reso. #2582 - Discussion and possible action to release a cash bond posted in connection with a temporary platting waiver. 27. Central Plaza - Temp. Reso. #2576 - Discussion and possible action to approve an Easement and Option Agreement pertaining to the placement of a sales and administrative trailer. 28. Exxon Company, U.S.A. - Discussion and possible action on: a) Site Plan - Temp. Reso. #2550 b) Landscape Plan c) Water and Sewer Developers Agreement d) Water Retention Agreement (to be located on the southeast corner of University Drive and Southgate Boulevard) (tabled from 12/8/82) 29. Continental Plaza - Discussion and possible action on: a) Request for waiver of the provisions of the sign ordinance pertaining to location of a ground sign - Temp. REso. #2574 b) Revised Site Plan for location of a ground sign -Temp. Reso. #2519 30. Westwood Community 21 - Revised Site Plan -- Temp. Reso. #2575- Discussion and possible action on a revised site plan for a canopy sunshade at the clubhouse swimming pool. 31. Sunniland Bank - Discussion and possible action on: a) Release of a performance bond posted for public improve- ments - Temp. Reso. #2577 b) Release of a performance bond posted for on -site improve- ments - Temp. Reso. #2578 32. Springlake II - Discussion and possible action on: a) Revised site plan to reflect project phasing - T_emp. Reso. #2401 b) Amendment to the Water and Sewer Developers Agreement (tabled from 12/8/82) 12/22-Pg.17 APPROVED. 12/22 -- Pg.18 APPROVED. 12/22- Pg. 18 TABLED to 1/12/83 mtg. 12/22 -- Pg.16 APPROVED. 12/22 - Pg.19 TABLED to 1/12/83 mtg. 12/22 -Pg. 20 APPROVED. 12/22- Pg. 10 APPROVED. 12/22 - Pg.11, 12. APPROVED. 12/22-Pg. 12 a)APPVD.w/conc b)APPROVED. 12/22 -Pg. 6 APPROVED. 12/22- Pg.12 a) APPROVED b) TABLED. 12/22-- Pg.20 TABLED to 1/12/83 mtg. FJ PAGE FIVE 33. Northwood II - Bond Release - Temp. Reso. #2579 - Discussion 12/22-Pg.20 and possible action culvert crossing. to release a warranty bond posted for a I APPROVED. 34. Woodmont Tract 74/75 - Model Sales Facility - Discussion and possible action to approve a model sales permit in accordance with Site Plan No. 2. 35. Woodmont Tract 54 (Pines III) - Model Sales Facility - Dis- cussion and possible action to renew a permit for the use of a model sales facility at another location. 36. Woodmont Tract 64 (LaForet) and Tract 70 (LaReserve) - Model Sales Facility - Discussion and possible action to renew a permit for a model sales facility for use by both projects. 37. Woodmont Tract 71 - Model Sales Facility -- Discussion and pos- sible action to waive the 150-foot distance requirement for certificates of occupancy for Lot 37. 38. Woodmont Tract 47 - Bond Release - Tem . Reso. #2580 - Dis- cussion and possible action to release a warranty bond posted for public improvements. 39. Colony West Country Club - Performance Bond - Temp. Reso. #2581 - Discussion and possible action on the recommendation of the City Engineer to call a performance bond posted for public improvements. 40. Woodmont Country Club -- Discussion and possible action to permit temporary banners on entrance signs during a holiday tennis tournament. 41. Drainage Improvements in the City - Discussion and possible action. -- - REPORTS 42. City Council 43. City Manager 44. City Attorney The Public Hearing on the amendment to the Amusement Center Ord- inance, Temp. Ord. #1013, scheduled for Wednesday, December 22,1982 has been cancelled and rescheduled for 5:05 P.M., Wednesday, January 12, 1983. City Council may consider such other business as may come before itl Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368; if a person decided to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. CITY OF TAMARAC Carol A. Evans Assistant City Clerk 45. Video Cable Installation in Westwood Community 7 - Discussion and possible action. 46. Woodmont Tract 59 - Entrance Wall Waiver Reguest - Discussion and possible action. 12/22-Pg.21 TABLED to 1/12/83 mtg. 12/22--Pg. 14 APPVD. for 6 months. 12/22-Pg.14 APPVD. for 6 months. 12/22-Pg. 9 ,10 APPROVED with conditions. 12/22- Pg.14 APPROVED. 12/22--Pg. 14 TABLED to 1/12/83 mtg. 12/22-Pg.15 APPROVED. 12/22-Pg. 20 Rept. from City Mgr. 12/22,Pg. 1, Agen.By Consent. Pg. 21,TABLED for proper documents. 12/22,Pg. 1, Agend.by Cons. Pg. 6,APPVD. CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING DECEMBER 22, 1982 CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday, December 22, 1982 at 9:30 A.M. in the Council Chambers. Tape 1 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, Assistant City Clerk Patricia Marcurio, Secretary MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation followed by the Pledge of Allegiance. Mayor Falck welcomed everyone present and reviewed the time allocations on this day's agenda. 45. Video Cable Installation in Westwood Community 7 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. ( See Page 19) . C/M Disraelly said Council has a request from American Video Cable concerning an easement in the Isles of Tamarac and he MOVED to Agendize discussion by Consent video cable installation in Westwood Community 7. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 46. Woodmont Tract 59 - Entrance Wall Waiver Request - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 6) . V/M Massaro said she received a request from Woodmont Tract 59 for an entrance wall waiver request and she MOVED to Agendize this by Consent. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 1. Employee Service Awards - Presentation by City Manager Stuurmans of five-year pins to Charlie Baldwin of the Public Works Department, Andrew Koerick of the Police Department, and ten-year pins to Eddie Paulette of Public Works, Frank Cahill of Utilities East and Serge Joseph of the Police Department. SYNOPSIS OF ACTION: Awards were presented. Laura Stuurmans presented five-year pins to Charlie Baldwin of the Public Works Department and Andrew Koerick of the Police Department. Ten-year pins were presented to Eddie Paulette of Public Works, Frank Cahill of Utilities East and Serge Joseph of the Police Department. - 1 -- 12/22/82 /pm I14 2. Board and Committee Member Commendations - Presentation by Mayor Falck of Certificates of Appreciation to present board and committee members who have served five or more years. SYNOPSIS OF ACTION: Certificates of Appreciation were presented by Mayor Falck and C/M Disraelly. Mayor Falck and C/M Disraelly presented Certificates of Appreciation to: Carl Alper Irving Epstein Harold Newman Moni Avidon Issac Feldman Winifred Ostrum Ray Baade Lee Kamerling Faye Rosenstein Syd Bass James Kane Harry Rosenfeld Louis Becker Marge Kelch Robert Sokol Emil Beutner Irving Lopatey Virginia Taylor Nat Cohen Herman Marin Irving Vitrofsky William Danyluck Maurice Meyers The following board and committee members have expressed their regrets to Council that they were unable to attend the Council meeting to accept their certificates: Mary DiCandia Edward Rockwell Joseph Sobel Charles Fox Martin Schoenfeld Oscar Tucker Peter Lawson Robert Shurr Mayor Falck recognized Peter Deutsch and Robert Shelley of the House of Representatives and they requested the City's input before April so that they can better represent the Broward County residents. 9. Grants - Update report on the status of grants by Mitchell Ceasar, Grants Consultant. SYNOPSIS OF ACTION: Mitch Ceasar gave an updated report to Council. Mitch Ceasar said the first interest is a "Wildlife Reserve" for approxi- mately $31,000. He said this grant is pending and they are reviewing the application now and questions which have arisen have been forwarded to the Consulting City Planner. He said. through C/M Disraelly he had some information of possible areas that the City could qualify for grants in four possible areas: outdoor recreation, energy conservation in relation to technical review, distinguishing areas of wastewater and the South Florida Water Management District. Mr. Ceasar referred to Veterans Park off University Dr. where there is a need for some restroom facilities, water fountains and other items and, hopefully, if the City makes an application in the range of $10,000 to $15,000 they will consider it water -related and might be approved. He said, to update matters on the bikepath, the DOT engineers in Broward are supposed to give a report by 1/10/83. Mr. Ceasar said regarding the legislature, the local bills must be in by 1/25/83. C/M Disraelly .said he would like to attend the block grant meeting since he is liaison for that and V/M Massaro requested that Mr. Ceasar follow the DOT engineers closely on the bikepath construction since there have been so many delays. 24. Kings Point - a) --..Discussion and possible action on a landscape plan for a certain portion of -Nob -Hill Road. b) Waiver of platting for pool and waterfall - Temp. Reso. #2584 SYNOPSIS OF ACTION: b) Agendized by Consent. (See Page 7 8) . V/M Massaro MOVED to Agendize by Consent Item 24 b) a request for a temporary waiver of platting for a portion of Tract 18 and 39 in order 2 12/22/82 /pm to construct a waterfall and reflecting pool, this would be Temp. Reso. #2584. SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 3. Florida Derby Festival - Presentation by Mayor Falck of a proclam- ation designating February 11 through March 5, 1983, as "The Florida Derby Festival", with a film presentation following. SYNOPSIS OF ACTION: Presentation of proclamation was made and a film presentation was given. Mayor Falck presented a proclamation designating 2/11/83 through 3/5/83 as "The Florida Derby Festival" to Roy Slanhaoff and a film presentation was made. Mayor Falck said there are 3 programs that have been set up for Tamarac residents, an arts and crafts festival, a photo contest and a talent contest. He asked people who are interested to contact the Parks and Recreation Department. 15. 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 7/21/81) (tabled from 12/8/82). SYNOPSIS OF ACTION: DENIED on second reading. Mayor Falck said there have been many opportunities for input on this item and the Chair ruled there will be no further discussion from the Tape Public. C/M Kravitz requested further input from both FP&L and the 2 residents. V/M Massaro requested a verbatim transcript which follows: V/M Massaro: - Mr. Mayor. I think that this may resolve itself, I don't know what C/M Disraelly has to say but I think if we just proceed that this matter may take care of itself. But, let's hear what happens and then make a judgment, I would respectfully ask --that you try that. Mayor Falck: I agree from this standpoint, I indicated, I think, the information is in, I don't know what else can be done with additional comments that hasn't been written, hasn't been supplied, if I open it up I'm afraid I'm gonna...you know that I try to be as liberal as I possibly can and I would rather go on the basis that unless, during the course of deliberations there is a need, then the Chair will reconsider but, at this time, I'm igoing to recognize C/M Disraelly since he indicated that he wanted to be the first speaker and Vice Mayor, you are second, C/M Krantz, you indicated and then C/M Kravitz. You will all have your opportunity. C/M Disraelly: Thank you, Mr. Mayor, members of Council. As C/M Kravitz has indicated a minute ago, there has been some confusion. We have received reports from those members who are in the audience, we have had these two thick reports prepared for us by FP&L and we have had a similar report prepared for us by Woodmont Property Owners Association. We have had graphs and figures and tables and everything else and I'd like to reconstruct, if I may, Mr. Mayor, just for a minute, that in June 17, 1981 this temporary Ordinance was to permit a distributor transformer station to be erected within the limited agricultural A-1 district. Today, under our present standards, electrical substations are not permitted in A-1 districts. In June, 1981, discussions referred to the -size-of buildings, a 20'x 20' building 10' in height with a fence and landscaping with no over -head wires and with trees that would be higher than the building. - 3 -- 12/22/82 /pm C/M Disraelly: The public hearing was approved, was heard by the Planning Commission. The Ordinance was passed by the City Council on first reading 7/8/81 with certain conditions and as everybody knows, Council frequently refers to these items and passes them on first reading and then goes back and looks at them and decides what should be happening before the second reading. The second reading was scheduled for 7/22/81 and, after a public hearing, the item was tabled as Council members did not like the appearance of the transformer stations they had seen at Southgate Blvd. in North Lauderdale nor on the Pine Island Rd. in Sunrise. V/M Massaro was particularly concerned regarding the ugliness of these stations and felt that it would destroy the aesthetic quality of the golf course and particularly the homes adjacent to that area. The item remained fairly dormant after it was tabled until early in 1982 when FP&L presented its proposal with much landscaping and other items of consideration. In March, 1982, it was again on the Council agenda with discussions now talking about the towers 40' in height and how to hide them by heavy landscaping. Other areas for the location of the station were also discussed, especially placing it between Southgate Blvd. and the canal. At that time, I requested a report from FP&L concerning the number of units to be serviced by that station between McNab and Southgate and Woodmont compared to how many units would be serviced from Southgate Blvd. north into Coral Springs. To date, these figures have not been received. On July 28 most of these discussions again were centered on beautification and the possibility of another area being used as we discussed before on the canal property, Council has repeatedly asked FP&L to consider that. It was about this time that Mr. Bender and Dr. Oppenheimer questioned problems of magnetic field. At the July 28 meeting, FP&L said it was unsafe to have the substation under the trans- mission lines in the canal strip. Mayor Falck requested copies of the EPA Report that would indicate that and I don't think he has received that report as of this date. On August 30 we received a letter from John Easterling concerning elec- trical and magnetic fields in leukemia. Since that August 30 report, most of the discussions have been reports by Dr. Oppenheimer, a Woodmont homeowner and a professor at Broward Community College concerning state- ments presented to us on FP&L's behalf by Dr. Miller concerning electrical fields, flux, electro magnetism, webbers per square meter, gausses and milligausses. More letters are followed by both sides concerning possible or potential health hazards from learned people involved in epidemiology, leukemia and other sciences. We have heard and received reports on magnetic field intensity scales showing magnetic fields set up in milligausses from various household appliances. We received the Wertheimer and Lepper reports, citizens spoke at meetings talking about the physiological changes that could occur concerned with school children walking past this station and other problems. We read Readers Digest articles and finally, FP&L consultants, Drs. Miller and Carstensen and Woodmont resident Dr. Oppenheimer met at the Mallard station on Southgate Blvd. on 11/23/82 with me as a representative of the Council, to make studies. We have received pages and pages and readings and readings of reports and opinions. Each side makes statements that I'm sure are true and accurate, by each one's means of interpretation, each refutes the opinions of the other. Even the readings of the magnetic field intensity scale and milligausses show different figures, depending on who interprets them and under what conditions. As a matter of fact, a review of one of the tables of the magnetic field supplied in the FP&L report does not match the tables presented to us at one of the meetings by Dr. Miller. Since I am not an expert, Mr. Mayor, in electromagnetism, leukemia and other scientific fields, and so many questions remain unanswered, but I feel we should now revert back to the item that is originally under discussion, distributor transformer stations be permitted in limited agricultural districts. - 4 - 12/22/82 /pm C/M Disraeli: Mr. Mayor, I MOVE to DENY Temp. Ord. 4885 permitting distributor transformer stations in an A-1 district. V/M Massaro: SECOND the MOTION. Mx. Mayor, there have been credible arguments made by members of the public that the location of a substation on the proposed site would be harmful to the health of the neighboring residents. Florida Power & Light, with all their resources, have not refuted these arguments to my satisfaction. I have had considerable difficulty with this matter, I have spent many hours and some sleepless nights trying to work out the best possible solution to a situation which has such conflicting consequences. I am also concerned that some of the statements that Florida Power & Light Co. did make in their own defense had to be retracted as being only partially true. There has also been an argument raised that the substation is needed for the growth of our neighbor, the City of Coral Springs and not necessarily due to the growth of Tamarac. I have not been satisfied that this argument has been rebutted by Florida Power & Light either. I am concerned with the ramifications of changing the zoning standards City-wide for agricultural zoning instead of directing our attention specifically to the proposed site. While this appears to be a rezoning of the proposed site, in reality, it is an Ordinance which would rezone any and all agricultural lands in the City limits whether owned by Florida Power & Light Co. at this time or purchased in the future. We have only addressed the impact on the proposed site and really have not concentrated on the impact of future sites. If the zoning standards are changed by this Ordinance, it is possible that we would not be permitted to address the impact of future substation sites regardless of their closeness to residential areas. It has not been easy to come to a conclusion and this Council has had numerous sessions so as to obtain accurate and relevant facts. I have personally come to the conclusion that the inconvenience that might be sustained by the Florida Power & Light Co. is far outweighed by considerations of health, welfare and safety of the community. End of Verbatim. C/M Krantz said he is not opposed to substations, but rather, the proposed location of this one. C/M Kravitz said he has a letter from Governor Graham which states that a committee has been formed which is led by Senator Joe Carlucci and they are investigating all of the aspects of powerlines. Jon Henning read the Ordinance by title. VOTE: ALL VOTED AYE 11. Fraternal Order of Police Agreement - Temp. Reso. #2583 - Dis- cussion and possible action to approve a one-year agreement and authorizing the appropriate officials to execute same. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R PASSED. Jon Henning read the Resolution by title and C/M Disraelly said the committee reviewed this contract thoroughly and there are very few changes. He said the contract includes the funds coming to the City for check -offs which would be covered, there are a few changes to the uniforms, there are no changes in holidays, the City has increased vacation beyond 10 years and 15 years, the City is buying back sick leave which will be beneficial to the City and, in total, there is an increase in salary of 8% for the one year retroactive to 10/1/82. Laura Stuurmans said the proposal that is before Council today is the same as the one discussed with Council in early November. C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2583, SECONDED by C/M Krantz. 1ilellm ALL VOTED AYE - 5 12/22/82 /pm J 30. Westwood Community 21 - Revised Site Plan - Temp. Reso. #2575 - Discussion and possible action on a revised site,plan for a canopy sunshade at the clubhouse swimming pool. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R -- k,;_7 YW? PASSED. Jon Henning read the Resolution by title and C/M Disraelly said this is a revised site plan to add approximately 74' x 8' of sunshade across the swimming pool area and he MOVED the ADOPTION of Temp. Reso. #2575 SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 46. Woodmont Tract 59 Entrance Wall Waiver Re uest - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 1). APPROVED. V/M Massaro said there has been a problem there since the drainage had to be changed which affected the location of the entrance sign and they had to move the sign to 15' from the road right-of-way. Kim Roberts said the lift station is behind the new wall and V/M Massaro MOVED that the waiver be APPROVED, SF'C0NDFD by C/M Disraelly. VOTE: ALL VOTED AYE 4. Beautification Committee - Temp._Reso. #2564 - Discussion and pos- sible action to appoint a member to this committee. SYNOPSIS OF ACTION: APPROVED appointing RESOLUTION NO. R-ko?--3 7 �/PASSED. Nicholas Camerano as an alternate member for a term to expire on 5/11/83. Jon Henning read the Resolution by title and C/M Disraelly said Council has the application of Nicholas Camerano, a resident of Shaker Village, and he is available for this position. C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2564 appointing Nicholas Camerano as an alternate member to this committee. Florence Bochenek, Chairman of this committee, said she has not met anyone who was available to serve the full year and if Mr. Camerano is available she would approve. VOTE: ALL VOTED AYE 5. Bid Award - Temp. Reso. #2541 - Discussion and possible action to award a bid for the installation of a raw water main (tabled from 12/8/82). SYNOPSIS OF ACTION: APPROVED awarding the bid to Intercounty Construction in the amount of $212,088. RESOLUTION NO. R PASSED . The City Manager said both the City Engineer and Williams, Hatfield & Stoner have recommended awarding the bid to Intercounty Construction Corp. in the amount of $212,088. C/M Disraelly said the Improvement Plan presented to the City by Williams, Hatfield & Stoner indicated that the monies would be available in 1981 for this project, therefore, there should be no problem with the funding. The City Manager said that provision was made in the budget this year based on that and C/M Disraelly MOVED the ADOPTION of Temp Reso. #2541 awarding the bid to Intercounty Construction Corp. at $212,088. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE - 6 - 12/22/82 /pm A 6. Bid Award - Temp. Reso. #2542 - award a bid for the installation (tabled from 12/8/82). SYNOPSIS OF ACTION: APPROVED bid awarded Boyle Construction in amount of $108,000. Discussion and possible action to of Water Wells No. 10 and 11 to RESOLUTION NO. R - g- 7 PASSED. Jon Henning read the Resolution by title and the City Manager said the City Engineer and the consulting engineers agree that the bid should be awarded to the low bidder, Boyle Construction Co. in the amount of $108,000. She said there was provision made in the budget and this is part of the Capital Improvement Plan for the Utilities. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2542 awarding the bid to Boyle Construction Co. in the amount of $108,000 and the money is available for funding. SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 7. Bid Award _ Temp. Reso. #2563 - Discussion and possible action to award a bid for the installation of a central air conditioning and heating system at the Administration Building. SYNOPSIS OF ACTION: APPROVED bid awarded to RESOLUTION NO. R - 3 PASSED. Tamarac Air on itioning in amount of $2,285. Jon Henning read the Resolution by title and V/M Massaro MOVED to TABLE this item since there has been no recertification from the City Engineer. C/M Disraelly said they have received this in the morning and the City Manager said this dates back to 11/10/82 but was not copied to Council. V/M Massaro said she would restate her MOTION and APPROVE Temp. Reso. #2563 to Tamarac Air Conditioning in the amount of $2,285, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 8. Consent Agenda a) Minutes of 10/27/82 - Regular Meeting -- Approval recommended by City Clerk. b) Minutes of 11/1/82 - Reconvened Meeting - Approval recommended by City Clerk. c) Minutes of 11/10/82 - Regular Meeting - Approval recommended by City Clerk. d) Alan F. Ruf - Consulting City Attorney -- 12/17/82 - $1,975.00 - Approval recommended by City Attorney. e) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -- 10/12/82 -- $269.15 - Approval recommended by City Engineer. f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 11/10/82 - $4,581.23 - Approval recommended by City Engineer. g) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 12/7/82 - $7,882.00 - Approval recommended by City Engineer. h) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 12/7/82 - $529.75 - Approval recommended by City Engineer. i) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 12/8/82 - $331.50 - Approval recommended by City Engineer. j) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 12/8/82 - $2,636.50 - Approval recommended by City Engineer. k) Mitchell Ceasar - Grants Consultant - Retainer for November and December, 1982 - $2,500.00 - Approval recommended by City Manager. 1) Josias & Goren - Special Counsel regarding Borrow Pit - 11/28/82 - $594.75 - Approval recommended by City Attorney. m) Alexander Grant & Co. - Auditors - Services regarding financial state- ments as of 9/30/82 and preparation of report - $11,000.00 - Approval recommended by Finance Director (tabled from 12/8/82) n) Howard, Brawner & Lovett - Special Counsel regarding Large User Agreement with Broward County - 12/10/82 - $5,395.00 - Approval re- commended by City Attorney. - 7 - 12/22/82 /pm L-1 w B L A N K P A G E Minutes resume on Page 9 - 8 - 12/22/82 /pm ,A o) Superior Reporting, Inc. - Broward County 201 Facilities Plan Update - 12/7/82 - $938.00 - Approval recommended by City Attorney. p) Utilities West - Administration Vehicle - Authorization to'purchase one Ford Ranger Pick-up truck at a cost of $6,162.55 via State Contract. q) Bid Authorization - Authorization to go to bid for treatment and cleaning of canal ditch banks. r) Parks and Recreation Department - Approval of an agreement with Broward Federal Savings and Loan Association for use of its Community Room for certain classes. s) Authorization for a Cookie Sale by the Broward County Girl Scout Council on January 28 to February 10, 1983, and waiver of Chapter 22 of the Code governing "Sglicitors and Canvassing". SYNOPSIS OF ACTION: Items a), b) and c) TABLED to a future meeting, m) and q) removed for discussion, m) was APPROVED and q) was TABLED to a future date, APPROVED Items d) through s) minus q). The City Manager requested that Item q) be removed and tabled to a subsequent Council meeting and V/M Massaro so MOVED, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE C/M Kravitz requested that Item m) be held for discussion and so MOVED, SECONDED by C/M Krantz. V/M Massaro said Council has a right to discuss any item under Consent and a Motion should not be necessary to remove any item without other people's approval. Mayor Falck and Council agreed and Item m) was removed for discussion. C/M Disraelly MOVED that Items a),b) and c) be TABLED to a future meeting for his further review. V/M Massaro SECONDED the MOTION. VOTE: ALL VOTED AYE Concerning item m), C/M Kravitz asked the City Manager if the City received the annual report from the auditors and Laura Stuurmans said the in-house work of the auditing firm has been completed, they are at the printing stage and it is expected in the building next week. C/M Kravitz asked if they have received any final billing for the year and the City Manager said no, because the cost of the contract is $28,000 and this is a sequential billing. C/M Kravitz said he would prefer to see the auditing report, which is the usual procedure. C/M Kravitz MOVED to TABLE this until the next Council meeting. V/M Massaro said it has been the general policy to pay the auditors periodically and she felt it would be wrong to change the policy. C/M Disraelly said this is the same as any other contract and should be paid as the work progresses. C/M Kravitz's MOTION died for lack of a SECOND and C/M Disraelly MOVED the ADOPTION of Items d) through s) minus q), which has previously been TABLED. SECONDED by C/M Krantz. VOTE: C/M Krantz Aye C/M Kravitz Nay C/M Disraelly Aye V/M Massaro Aye Mayor Falck Aye 37. Woodmont Tract 71 - Model Sales Facility - Discussion and possible action to waive the 150-foot distance requirement for certificates of occupancy for Lot 37. SYNOPSIS OF ACTION: APPROVED with conditions. - 9 - 12/22/82 /pm Tape Kenneth Krasne, representing Green -Kroll Corp., told Council that the 3 person buying Lot 37 is aware that there is a model sales facility opposite his property and C/M Disraelly said, in the past, Council has requested a letter stating this and Mr. Krasne agreed to this. C/M Disraelly MOVED that Lot 37 be removed from the restriction that was established on 11/12/81 provided that Council receives a letter from the homeowner indicating that he realizes there is parking and model sales offices. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 10. Bid Awards - Public Works Department - Discussion and possible action to award bids for: a) Two metal buildings - Temp. Reso. #2565 b) One Tractor/Loader/Backhoe Combination and Trailer - TeM. Reso. #2566 c) One Front Loader Bucket for Ford 2000 Tractor - Temp. Reso. #2567 - --- d) Automatic Curber - Temp. Reso. #2568 SYNOPSIS OF ACTION: � a) APPROVED bid award to Mann Products in RESOLUTION NO. R`3 %% PASSED. amount of $3,500 for one metal building. RESOLUTION NO. R / ." PASSED. b) APPROVED bid award to Growers Ford in RESOLUTION NO. R r„�- �' PASSED. amount of $39,894. c) APPROVED bid award to --Growers Ford in amount of $3,500. d) TABLED for further review. a) Jon Henning read the Resolution by title and the City Manager said that at this time they only want to purchase one of the two utility sheds they were initially soliciting and are asking to procure it without the overhead garage doors and windows on the facility which brings the price of the one utility shed down to $3,500 from Mann Products, Inc. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2565, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE b) Jon Henning read the Resolution by title and the City Manager said they are recommending that the award go to the low bidder, Growers Ford Tractor Co. in the amount of $39,894. She said the funds are available in federal revenue sharing and this will be utilized between Public Works and Utilities West. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2566, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE c) Jon Henning read the Resolution by title and C/M Disraelly said this has to do with the previous bid and he MOVED the ADOPTION of Temp. Reso.#2567, awarding the bid to Growers Ford Tractor for $3,500. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE d) Jon Henning read the Resolution by title and C/M Disraelly said the City Manager has requested TABLING this item for further review and he so MOVED, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 27. Central Plaza -- Tem . Reso. #2576 - Discussion and possible action to approve an Easement and Option Agreement pertaining to the place- ment of a sales and administrative trailer. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R,;; --..' PASSED. Jon Henning read the Resolution by title and Wayne Zufelt, engineer for the project, said this project will now be called Three Lakes Plaza instead of Central Plaza. - 10 - 12/22/82 /pm C/M Disraelly MOVED the APPROVAL of Temp. Reso. #2576, SECONDED by C/M Krantz. ►ilevow ALL VOTED AYE 28. Exxon Company, U.S.A. - Discussion and possible action on: a) Site Plan - Temp. Reso. 42550 b) Landscape Plan c) Water and Sewer Developers Agreement d) Water Retention Agreement (to be located on the southeast corner of University Drive and Southgate Boulevard) (tabled from 12/8/82). SYNOPSIS OF ACTION: a) APPROVED, RESOLUTION NO. R _ Z2 g :2 PASSED. b) APPROVED as amended, c) and d) APPROVED. a) V/M Massaro read the Resolution by title and Wayne Zufelt submitted the following checks to the Assistant City Clerk: $15,000.00-Traffic Light Donation 7,500.00-Water & Sewer Contribution Charges 187.20-Drainage Improvement $22,687.20 Richard Rubin said this was discussed at the last meeting and Council made specific requests on extensive landscaping, berming, access into the property and these things were completed and staff recommends approving the site plan. V/M Massaro MOVED the APPROVAL of the site plan for the Exxon station, Temp. Reso. #2550, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE V/M Massaro said the traffic light donation should be earmarked for 61st St. and C/M Disraelly said he thought it was for NW 72 St. He asked Mr. Zufelt if, since the state is ready to do the engineering on 72 St., he would be willing to allow this money to be used at that location and when the funds come in for 72 St. they would be transferred to the 61 St. location. Mr. Zufelt said that Exxon has no objection to this. b) V/M Massaro said at the east end of the property she would like to see two clusters of 8 to 10 plants in each cluster. She said in the corner she would like to see a free -flowing berm with a cluster of 8 to 10 plants on top of it. C/M Disraelly said he would prefer to see a combination of black olive, mahogany and tabebuia trees in there and the applicant agreed with this. C/M Disraelly MOVED the APPROVAL of the landscape -,plan with his suggestions and those of V/M Massaro, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE c) C/M Disraelly MOVED to APPROVE the Water and Sewer Developers Agreement, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE d) Richard Rubin said the applicant is the contract vendee and is purchasing the property and does not have the legal authority to dedicate these deed documents and has requested that the City give him permission to approve the project today, to transfer the property into his name, and before pulling a building permit, giving the deed documents. Mr. Rubin said the City Attorney and he reviewed their requests and feel it is reasonable provided they recognize that those documents must be accepted by the Council at a subsequent meeting before a permit can be issued. V/M Massaro MOVED that the Water Retention Agreement, the dedication of the 40' right -of --way, the 10' utility easement be deferred until they have their closing and that no building permit be issued until these documents are brought back to Council for review and acceptance. C/M Disraelly SECONDED. 12/22/82 /nm Mr. Zufelt said the Water Retention Agreement was submitted on 12/8/82 and the monies have been paid and he questioned the deferment''.of this. Richard Rubin said if the Water Retention Agreement could be accepted this would be fine. V/M Massaro amended her MOTION to accept the Water Retention Agreement, to defer action on the dedication of the 40' right--of--way and the 10' utility easement. Those two documents will have to be brought back to Council for approval before any building permit can be issued. SECONDED by C/M Disraelly. Sam Allison, engineer with Exxon, questioned if these were the only two items that would be required when they return and Council said they were. VOTE: ALL VOTED AYE 29. Continental Plaza - Discussion and possible action on: a) Request for waiver of the provisions of the sign ordinance pertaining to location of a ground sign - Temp. Reso. 42574 b) Revised Site Plan for location of a ground sign - Temp. Reso. #2519 SYNOPSIS OF ACTION: a) APPROVED with RESOLUTION NO. R—e,;Z,,5?c> PASSED. conditions, b) APPROVED. RESOLUTION NO. R--Vrr?.-_3?Z PASSED. a) Jon Henning read the Resolution by title and C/M Disraelly said they appeared before Council in 1980 and at that time a sign waiver was approved. He said, since then, the time element of the waiver has passed and the waiver before Council now concerns a sign to be placed in the southwest corner where there is curbing but it will not be 10' back from the sidewalk but will only be 6'. He said they will provide a hedge along Commercial Blvd. between the sidewalk and the parking wheel stops as additional beautification and they will place 3 trees in that area to conforia to the Beautification ordinances. C/M Disraelly MOVED the APPROVAL of Temp. Reso. 42574, Section 2, Conditions, that there shall be a hedge no less than 30" between the sidewalk and the parking lot and that three trees be placed in that same landscaped area. SECONDED by V/M Massaro. VOTE: ALL VOTED AYE b) Jon Henning read the Resolution by title and V/M Massaro MOVED the ADOPTION of Temp. Reso. #2519, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 31. Sunniland Bank - Discussion a) Release of a performance Temp. Reso. #2577 b) Release of a performance -- #2578 Temp. Reso, . .. SYNOPSIS OF ACTION: a) APPROVED, b) TABLED for unfinished work. and possible action on: bond posted for public improvements - bond posted for on -site improvements - RESOLUTION NO. R_� -,3 9�PASSED . a) Jon Henning read the Resolution by titlecand C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2577, SECONDED by C/M Krantz. VOTE: ALL VOTED AYF b) V/M Massaro MOVED that this item be TABLED for unfinished work, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 12 - 12/22/82 12. Aquatic Plant Control Funds - Temp. Reso. #2569 - Discussion and possible action to amend Resolution 82-256 designating the officials responsible for administering this program for Fiscal Year 1982/83. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R•-�Q�•��?� $� PASSED. designating Stephen Gould as Project Financial officer for FY 82/83. Jon Henning read the Resolution by title and the City Manager said this Resolution is necessary only because there is a change of staff personnel assigned. She said the individual who was indicated to the state to be the project financial officer is no longer with the City; therefore, they are designating Stephen Gould of the Finance Department, to be named the Project Financial Officer. C/M Disraelly MOVED the ADOPTION of Temp. Reso. #2569, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 13. Solid Waste Dis osal - Temp. Reso. #2504 - Discussion and possible action to authorize the appropriate officials to execute an agreement with Broward County for solid waste disposal and resource recovery (tabled from 11/10/82). SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-- •- PASSED. as revised 17%T7 83,as amended. Jon Henning read the Resolution by title and C/M Disraelly said this was tabled previously for some additional verbiage to be added and this now states that the City endorses the principle and express an intent to enter into an agreement. He said they have added the words, "depending upon the reasonableness of the cost of construction of the resource recovery project" and have also added that the City pledges their solid waste collected. He MOVED the ADOPTION of Temp. Reso._ #2504 as revised 12/17/82. SECONDED by C/M Krantz. V/M Massaro asked the maker of the MOTION to add "subject to all municipalities of Broward County partici- pating in this program". Mayor Falck said at a recent meeting of the Broward League of Cities, V/M Cox of Fort Lauderdale indicated that they have encountered this before and he would report further to Council on subsequent information. Tape VOTE: 4 ALL VOTED AYE 16. Southern Bell Rates - Temp. Reso. #2570 - Discussion and possible action opposing the Public Service Commission petition for rate increase. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-- ? PASSED. Jon Henning read the Resolution by title and C/M Disraelly said he and the City Attorney have reviewed this and he MOVED the ADOPTION of Temp. Reso. #2570, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Mayor Falck commended Virginia Taylor and presented her with her Certificate of Appreciation. 14. Broward League of Cities Business - Discussion and possible action. SYNOPSIS OF ACTION: No reports. C/M Disraelly said he has received no communications since the last meeting of the League, therefore, there is no report. Mayor Falck said the discussions at the last meeting concerned pensions. ......................... .- 13 - 12/22/82 /pm 35. Woodmont Tract 54 (Pines III) and possible action to renew a facility at another location. SYNOPSIS OF ACTION: APPROVED for 6 months from 118783 as conditioned. Model Sales Facility -- Discussion permit for the use of a model sales C/M Disraelly MOVED the ADOPTION of the renewal of the model sales permit for 6 months from 1/8/83 provided that all the monies due the Finance Dept. have been paid prior to that date. SECONDED by C/M Krantz. At Jon Henning's suggestion, C/M Disraelly added to his MOTION that all prior conditions will still apply. VOTE: ALL VOTED AYE 36. Woodmont Tract 64 (LaForet) and Tract 70 (LaReserve) - Model Sales Facility - Discussion and possible action to renew a permit for a model sales facility for use by both projects. SYNOPSIS OF ACTION: APPROVED for 6 months from 12/24/82 with conditions. C/M Disraelly MOVED the APPROVAL of the 6 month extension of the sales office for Woodmont Tract 64 and 70 for 6 months from 12/24/82 with the proviso... that any restrictions on the property will continue forward and that all fees will have been paid before 12/24/82. SECONDED by C/M Krantz. VOTE: 38. Woodmont Tract 47 - and possible action improvements. SYNOPSIS OF ACTION: APPROVED. ALL VOTED AYE Bond Release - Temp. Reso. #2580 - Discussion to release a warranty bond posted for public RESOLUTION NO. R —1W -� `�.� PASSED. Jon Henning read the Resolution by title and V/M Massaro said there is a letter from the City Engineer recommending a release of this bond and she MOVED that Temp. Reso. #2580 be APPROVED and the warranty bond be released. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 39. Colony West Country Club - Performance Bond -- Temp' Reso. #2581 - Discussion and possible action on the recommendation of the City Engineer to call a performance bond posted for public improvements. SYNOPSIS OF ACTION: TABLED to 1/12/83 meeting. V/M Massaro said the expiration date of this bond is 1/13/83 and Mr. Rosen assured them that the letter of credit will be renewed and she MOVED to TABLE to the meeting of 1/12/83, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 14 �- 12/22/82 /pm 40. Woodmont Country Club - Discussion and possible action to permit temporary banners on entrance signs during a holiday tennis tournament. SYNOPSIS OF ACTION: APPROVED. C/M Disraelly said Council received a telephone call and a follow-up letter from John Fleming requesting signs to be erected at their entrance signs at Woodmont Country Club on University Dr. He said they have put banners up on the over -pass with permission from the County or State. He MOVED that permission be granted on a temporary basis, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE MEETING WAS RECESSED FOR LUNCH UNTIL 2:00 P.M. MEETING WAS CALLED TO ORDER AT 2:00 P.M., ROLL CALL TAKEN AND ALL PRESENT. PUBLIC HEARINGS: 17. Land Use Plan - TeTE.�Ord. #1008 - Discussion and possible action concerning the adoption of amendments to Tamarac's Land Use Plan Element of the Comprehensive Plan. Second Reading. SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. O -��� PASSED. on second reading. Jon Henning read the Ordinance by title and Mayor Falck opened the public hearing. Melanie Reynolds questioned where the attachment to the Ordinance was and the City Attorney supplied her with a copy of this. Mayor Falck closed the public hearing and V/M Massaro MOVED the ADOPTION of Temp. Ord. 41008 on second and final reading. SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 18. James Stevens - Newspaper Collection Franchise - Temp. Ord. #1009 - Discussion and possible action to grant a non-exclusive franchise for newspaper collection. Second Reading. SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. O- PASSED. on second reading. Jon Henning read the Ordinance by title and Mayor Falck opened the public hearing. Jack Stelzer said when this Ordinance was originally written it was estimated that the City would realize approximately $15,000 with the waste company picking up the newspapers and relieving the City of the dumping charge. He asked how much of a saving it will be to the City to have these two non-exclusive franchises and C/M Disraelly said the waste people never picked up the paper. He said there was a franchise with a company called MGM who went out of business and James Stevens would be picking paper up at the various condominiums of the City. He said one of the reasons MGM went out of business was that they had franchises elsewhere and the price of paper was down. C/M Disraelly said James Stevens and Thomas Putnoky feel that by handling the two areas designated in the City, they can generate sufficient revenue for themselves. He said the City will get from these people 10% of the price of paper delivered to the resource, which is Alton Paper Co. or Durbin Paper Co. He said the price of paper. today is approximately $18 or $20 per .ton and the City would receive $2 from this per ton but more important, when the City renewed their franchise with BFI for waste collection, they wrote into it that if the City went into a paper collection system, those tons picked up would be saved from their taking it to the - 15 - 12/22/82 /pm dump. C/M Disraelly said it costs them $12 per ton to take any material to the dump wherever it is located and the arrangement is that the weight slips that are given to the City will indicate how many tons they have saved. He said, in addition to the $2 the City will get from the collector, they will pay the City $6 per ton for each ton of paper that they do not have to take to be dumped. He said perhaps $6,000 to $8,000 will be saved by the City with this program which will amount to a saving of $2 to $3 per resident of ad valorem taxes. Mr. Stelzer asked C/M Disraelly if the money that is given to the City by the collector is worth the effort of the residents covering their papers with plastic and putting them out for pickup and C/M Disraelly said the City has never suggested that newspapers be covered with plastic and they have stated in the Ordinance that people are permitted to put them out for pickup whether wet or dry weather. He said the City has had no complaints from any condominium concerning problems and there is nothing in the Ordinance that requires residents to save papers, it is entirely voluntary on the basis that one ton of paper saves ten trees. V/M Massaro said there is a terrible waste problem concerning dumping space and when paper is recycled, that much space is saved. C/M Krantz asked about paper collection in the west area of the City and C/M Disraelly said Alton Paper Co. is looking for a collector for that area. Bernie Hart, resident, said BFI would not pick up his papers and V/M Massaro said at one time they were instructed not to pick up papers. Harold H. Newman, resident, said the people should be informed thoughout the City so that they know when there will be paper pickup and he suggested the City advise the newspapers to notify the people of the dates, who will collect them, etc. C/M Disraelly said this is a good suggestion, however, there is no collection at this time in the west and the City has asked the press in the past to put items of this nature in and they have. Alice Norian, resident, asked Council to reconsider the need for a franchise since there are non-profit organizations that could pickup papers as a fund raising method. C/M Disraelly MOVED the ADOPTION of Temp. Ord. #1009 on second and final reading, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 19. Thomas J. Putnoky - Newspaper Collection Franchise - Temp. Ord. #1010 - Discussion and possible action to grant a non -exclusive - franchise for newspaper collection. SYNOPSIS OF ACTION: APPROVED ORDINANCE NO. PASSED. on second and final reading. Jon Henning read the Ordinance by title and C/M Disraelly said Mr. Putnoky delivers the papers in Sections 8, 9, 10 and 15 and he would pickup the papers on Thursday mornings. He said the monies he raises will be used for the Broward County Detachment of the Marines. Mayor Falck opened and closed the public hearing and C/M Disraelly MOVED the ADOPTION of Temp. Ord. #1010 on second and final reading. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 20. Charter Amendments Temp. Ord. #1012 - Discussion and possible action to place on the ballot of March 8, 1983, proposed amendments to the Charter as recommended by the Charter Board. Second Reading. SYNOPSIS OF ACTION: APPROVED on second and final reading, as amended. ORDINANCE NO. 0_-- _PASSED. 16 - 12/22/82 /pm L_ Jon Henning read the Ordinance by title and C/M Disraelly suggested that on Question 1, Line 24, should read "the month of April, instead of any time before May 1, each year" to indicate that this time change is made. He suggested on Question 2, the last words are "shall not be discharged by Couch until . final.. action is taken by Council on the Redist.r. i cti.ncx" . fn indicate that currently there is no discharge date...He said these correc-.-.. Lions are just for clarification for the voters. Virginia Taylor, Chairman of the Charter Board, said their thoughts for making it during the month of April was to prevent the ambiguity of it happening before the election. She said the reason for using the month of April was that it gave both the Charter Board and the Council some time for reading and accepting applications for the Redistricting Committee so that the Committee would be appointed during the month of Tape April. Ray Munitz asked how the referendum will be stated and Jon 5 Henning said this is the same format that has been used in the past, it might be helpful if, at the end of Question 2, they add "currently there is no discharge date". Ray Munitz said he feels placing these amendments on the ballot is an excellent idea. Melanie Reynolds said Council having the last word on redistricting is a conflict of interest. Moni Avidon said these amendments should be brought before the people of the City. Irving Epstein, Charter Board member, said this should not have come before the Council. Sidney St.ein_gu.est,ioned why the Charter Board would want this revision which, he feels, Would abolish the Charter Board. The Mayor said the Council attended the Charter Board meetings and they stated why they want these amendments at that time. Ray Munitz said it should be clear that even though Council may vote in favor of putting this on a referendum, this does not mean that Council is in favor of this but this is in compliance with the Charter. Alice Norian said this should go before the public and she requested that this be put in full in the newspaper in legible print so that the people are aware of this. Mayor Falck said the City will do whatever is necessary to assure that the people are informed but they cannot control how the newspaper prints it in the paper. Mayor Falck closed the public hearing. C/M Kravitz said in reading the proposed changes, he is not in favor of them, however, he does agree that it is for the voters to decide and he MOVED to APPROVE Temp. Ord. #1012 so that it does go on the ballot. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 21. Anthony_Cicchino & James Hollingsworth d/b/a J & B Auto Repair Special Exception Petition 438-Z--82 -- Temp. Reso. #2571 - Dis- cussion and possible action to grant a special exception to allow a general auto repair business in a B-3 (General Business) zoning district in Bays C and D at 5098 NUS 37 Avenue. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R=r $ PASSED. with no body work or auto painting at that location. Jon Henning read the Resolution by title and Lawrence Rice, representing the petitioner, said there will be no body work or painting'.at this location. Mayor Falck opened and closed the public hearing with no response and C/M Disraelly MOVED the APPROVAL of Temp. Reso. #2571, Section 2, Condition of Approval, no body work or painting of automobiles to be permitted at that location, SECONDED by C/PZ Krantz. VOTE: ALL VOTED AYE 17 - 12/22/82 /pm � � r 22. Kit 'n Kaboodle of Broward, Inca - Special Exception Petition #39-Z-82 - Temp. Reso. #2572 - Discussion and possible action to grant a special exception to allow teaching of yarn and fabric crafts in a B--2 (Planned Business) zoning district in Bay 19 at 7148 N. University Drive. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-k-,3 g�5_PASSED. C/M Disraelly read the Resolution by title and Mayor Falck opened and closed the public hearing with no response. V/M Massaro MOVED the ADOPTION of Temp. Reso. #2572, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 23. Queen of the Sea, Inc. - Special Exception Petition #40-Z-82 - Temp. Reso. #2573 - Discussion and possible action to grant a special exception to allow on -premises consumption of beer and wine in a B-1 (Neighborhood Business) zoning district in con- junction with a proposed restaurant to be located at 6101 N. University Drive. SYNOPSIS OF ACTION: TABLED to 1/12/83 meeting. The City Manager read the Resolution by title and Mayor Falck opened and closed the public hearing with no response. V/M Massaro said there is a problem with the trees there having been cut and the City should require a cash bond of $5,000 until tie trees are replaced. Barry Eden, attorney for the petitioner, said those trees have been replaced and V/M Massaro questioned whether these trees were up to standard. Richard Rubin said they brought in a contract that stated the proposed trees were 8' in height and the Code requires trees to be 10' in heiu�it'_ C/M Disraelly said the hedge that is required along University Dr. has not yet been put in and Mr. Eden said the petitioner is willing to put this in with the proviso that no occupational license will be issued until this is done. V/M Massaro said this should be inspected by the City Planner and she MOVED to TABLE this item until the 1/12/83 meeting, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 24. Kings Point - Discussion and possible action on: a) Landscape plan for a certain portion of Nob Hill Road. b) Temporary platting waiver for installation of a reflecting pool and waterfall - Temp. Reso. #2584 SYNOPSIS OF ACTION: a) APPROVED as RESOLUTION NO. R- - 3 :9( PASSED. amended, b) Agendized by Consent, (See Page 2). APPROVED. Richard Rubin said they have a request by the developer of Kings Point to begin a comprehensive landscaping program on Nob Hill Rd. located approximately 1,200 feet north of McNab Rd. going north toward their model sales building. He said there are two things for which they are requesting approval today, first, landscaping along the roadway and the second is an entry feature with a waterfall and reflecting pool. b) Richard Rubin said the applicant has requested that Council consider waiving platting to permit the Building Department to issue a permit for this entrance feature which will enhance the area. Robert Haber, attorney for F&R Builders,said he has been given the responsibility to draft a covenant to obligate F&R, its successors and assigned to maintain the landscaping on that portion of Nob Hill Rd. He said he can bring this in by the 1/12/83 meeting. V/M Massaro MOVED that the waiver for the platting of this be granted. C/M Disraelly SECONDED and referred to the - .-. 12/22/82 /pm letter Council received dated 12/17/82 which states "they will relieve the City of the maintenance of the landscaping that we plant on the medians". He suggested striking the words "of the landscaping" to "the maintenance of the medians on Nob Hill Rd. north of 71 Place". Mr. Haber said he would take care of this. VOTE: ALL VOTED AYE a) V/M Massaro MOVED the APPROVAL of the plan submitted for landscaping the median east/west of Nob Hill Rd. SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE b) C/M Disraelly read Temp. Reso. #2584 by title and MOVED ADOPTION, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Tape 25. Kings Point Recreational Complex - Discussion and possible action on: _.- - 6 a) Site Plan Temp.- Re -so. #2532 b) Landscape Plan c) Water and Sewer Developers Agreement (to be located on the east side of Nob Hill Road, south of NW 77 Street) (tabled from 12/8/82) SYNOPSIS OF ACTION: TABLED to the 1 12 83 meeting for further discussion on the franchise with the applicant. a) Jon Henning read the Resolution by title and Richard Rubin said this recreation complex:, -will ultimately service all 5,000 units. It is about 1--1/2 acres in size, north of it there are 3 tennis courts, a pool and a large deck area along the canal with ancillary parking on both sides. He said there __.is._..a 1,_000 seat theatre and just below this buildingthere are smaller buildings called their "head -end complex" which is a technical term for their cable television station they are contemplating building. Mr. Rubin said there are not enough residents in this area to build this complex now and they plan to build the development in phases. He said the first phase will be about 2/3 of the clubhouse and they would like this head-- end building as part of -the -site plan. V/M Massaro said this should not be on there until such time as the City has negotiated a franchise with them and she had indicated to the applicant that if the theatre remains on there they will be required to pay the difference for ERCs related to construction of this. Jim Holland, representing Kings Point, said they want approval on the whole thing including the head -end facilities because they are entitled to phase site plans and phase developments pursuant to Paragraph 14 of Stipulation #9. V/M Massaro MOVED to TABLE this item to the next regular meeting so this can be discussed further with the applicant. SECONDED by C/M Disraelly. Mr. Holland stated his objections and C/M Disraelly questioned the safety of this area. Mr. Holland said they would be happy to enter into whatever agreement the City would accept stating that they would not apply for a building permit to construct any of these facilities until after such time as the franchise is granted. Mr. Haber said they are able to make a better agreement with the cable company when franchises are granted because it is keyed to the ability to serve the subscribers. .......Mayor Fal-ck said Council will give this franchise priority. VOTE: ALL VOTED AYE - 19 - 12/22/82 /pm L 26. Kings Point Professional Plaza - Bond Release - Temp. Reso. #2582 - Discussion and possible action to release a cash bond posted in connection with a temporary platting waiver. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R J7-PASSED. The City Manager read the Resolution by title and V/M Massaro MOVED the APPROVAL of Temp. Reso. #2582 and the bond be released, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 41. Drainage Improvements in the City - Discussion and possible action. SYNOPSIS OF ACTION: The City Manager gave report. The City Manager reported that drainage is improving throughout the City. 32. 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 (tabled from 12/8/82) SYNOPSIS OF ACTION: TABLED to the meeting of 1/12/83 to determine which fees are due the City. Jon Henning read the Resolution by title and he referred to Page 3 of the agreement, Section H, which states that one unit equals one ERC and one ERC equals $1,500. He said they need to buy 4 ERCs for 4 units. Julian Bryan said that 55-1/2 ERCs were purchased in the normal course of business activities pursuant to the original Water & Sewer Agreement which stated that 25% had to be taken down. he said when they decided to phase the site plan, there must be at least 25% of the units in the first 3 phases. 48 lots were not quite enough, the first 4 unit buildings were not enough so they took the next building which was a 5 unit building, therefore, they have to pick up 4 extra ERCs because of the language in the phasing Ordinance. Therefore, they are picking up the 48 units there and 9 units of attached villas. V/M Massaro said these ERCs must be purchased at the new price which is $1,500 each and $2,173 is still owed for a landscape fee. Julian Bryan said he was not aware that this fee was due today and V/M Massaro MOVED that this item be TABLED to the next regular meeting, SECONDED by C/M Krantz. VL971-M ALL VOTED AYE 33. Northwood II - Bond Release - Temp. Reso. #2579 - Discussion and possible action to release a warranty bond posted for a culvert crossing. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R - _PASSED. Jon Henning read the Resolution by title and Julian Bryan said that crossing was made necessary by the canal that was constructed along the south property line that was part of the drainage augmentation for Westwood 24. V/M Massaro MOVED the ADOPTION of Ted. Reso. 42579 releasing the warranty bond, SECONDED by C/M Disraelly. VOTE: ALL VOTED AYE 20 - 12/22/82 /pm r7 34. Woodmont Tract 74/75 - Model possible action to approve a with Site Plan No. 2. SYNOPSIS OF ACTION: TABLED to the 1/12/83 meeting. Sales Facility -- Discussion and model sales permit in accordance Julian Bryan, representing Rissman Development Co. said this site plan incorporates 59 townhouse units and includes 1 model unit that will be at the west end of Building #1 and will be constructed as a townhouse model unit. They will continue to use the existing parking lot and the existing sales and information center that is on the property now for Bonaire which has 36 parking spaces. He said they will need a total of 20 for the 4 existing models and 1 new model. Tape Julian Bryan said the existing 36 parking spaces for models serves 4 7 apartment models and 1 townhouse model and the 4 models and sales office are under prior permit for a model sales center. He said they will be working on one piece of property with two expiration dates for model sales centers and he suggested tying them together with one anniversary date. The prior permit has an expiration date of 1/12/83 and Mr. Bryan said they will bring in the fee for renewal at the next meeting in order to tie in both permits to the same anniversary date. V/M Massaro MOVED that this item be TABLED to the 1/12/83 meeting, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 45. Video Cable Installation in Westwood Community 7 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. (See Page 1) TABLED for proper documents. C/M Disraelly said Council received a request from American Video for permission to use an easement of the waterway adjacent to 106 Ave. on the east side and surrounding 71 St. as well as 71 P1. He said if the City permits them to do that they will be putting their cable in the easements and will not cut or cross the driveways. C/M Disraelly read the City Engineer's memo, "Based on his conversation with the City Attorney suggesting the Council authorize American Video use of a canal easement subject to an appropriate agreement holding the City harmless for any damages that might occur". C/M Disraelly suggested that the City -Attorney include in the agreement the restoration of all sod and shrubs.. C/M Disraelly MOVED that American Video is to prepare the proper documents for the review and approval of the City Attorney and upon his approval, it will be placed on the appropriate agenda. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 43. City Manager Report - No report. 44. City Attorney Report Jon Henning said regarding Tract 44, the motion for clarification on the zoning by Leadership Housing was to be heard on 12/17/82 by Judge Weissing but was cancelled and will be rescheduled after 1/8/83. He said they have received a phone call from Earl Gallop of Milledge & Hermelee, who is the special counsel regarding the Executive Airport. There had been an oral argument in Tallahassee at the 1st District Court regarding the FAA Case with 15 days for re -hearing to be considered and he will send Council a copy of the opinion but he reported that the City did very well on this. He said Mayor Falck, Mr. Gallop, he and others will be attending a meeting of the Airport Managers scheduled for 12/29/82 to discuss our posture with the City of Fort Lauderdale on this. - 21 - 12/22/82 /pm C� 42. City Council Reports C/M Krantz -- No report. C/M Kravitz wished Mayor Falck and Council members a healthy and happy new year. C/M Disraelly said the County Commission had the City on their agenda yesterday and the County is now permitting building permits while the platting is in process. V/M Massaro said the County has been doing that but usually for one single family home on a tract. He said Joel Gustafson is requesting to enter into a comprehensive agreement in lieu of impact fees for Kings Point and the Florida Boating Improvement Program tri-party agreement between the County, the State Depart- ment of Natural Resources and the City concerning their $56,200 project for Cypress Creek Commons was on the agenda for the Chairman and the Clerk to execute from 12/31/82 to 12/31/83. He said he was subpoenaed since Leadership Housing is being sued for not getting a particular fee in the bond issue that was used in closing the purchase of the utility in 1979 and some of the then Council members have been subpoenaed as witnesses. V/M Massaro showed Council pictures of an FP&L substation which is landscaped and appears to look like a home. She said Mr. Miller of Sabal Palms may be considering a project there in the near future. Mayor Falck said he was elected the Chairman of the Broward County Planning Council for the year and their comprehensive plan will be moving into its second phase around mid -year. He said the Parks and Recreation Committee received an application from Matt Lyons for appointment to this committee and this is the only application they have received so far, this will be on next month's agenda. Mayor Falck wished everyone a safe and healthy new year holiday. MEETING WAS ADJOURNED AT 4:40 P.M. ATTEST: ASSISTANT CITY CLERK This public document was promulgated at a cost of $ ,) �1.2 S or $ //. / Q 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. - 22 - APPROVED OY CITY COUNCIL 0 .� 12/22/82 /Pm