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HomeMy WebLinkAbout1983-07-25 - City Commission Special Meeting Minutes5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 July 22, 1983 NOTICE OF SPECIAL MEETING CITY COUNCIL OF TAMARAC, FLORIDA A Special Meeting of the City Council has been scheduled for Monday, July 25, 1983, at 12:30 p.m., in the Council Chambers of City Hall, 5811 14W 88 Avenue, Tamarac, Florida. The items to be considered are as follows: 1. Sabal Palm Plaza - Temp. Reso. #2736 - Discussion and possible action to amend Resolution 81-160, which granted a limited parking waiver, by increasing the number of additional spaces. 2. UTA Cable Corporation - Temp. Ord. #1056 - Discussion and possible action to grant a non-exclusive franchise for a community antenna television system for a service area in the City located west of University Drive. First Reading. The Budget 11orkshop scheduled for 1:00 p.m. will convene as soon as the Special Meeting is concluded. The Council may consider such other business as may come before it. The public is invited to attend. Carol A. Evans Assistant City Clerk Pursuant to Section 286.0105, Florida Statutes If a person decides to appeal any decision made by the city Council with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings and for such purpose, he may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. � r � Tape 1 CITY OF TAMARAC, FLORIDA SPECIAL MEETING JULY 25, 1983 CALL TO ORDER: Mayor Falck called the Special Meeting to order on Monday, July 25, 1983 at 12:30 P.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro Councilman Philip B. Kravitz Councilman Jack Stelzer ABSENT AND EXCUSED: Councilman David E. Krantz ALSO PRESENT: Laura Z. Stuurmans, City Manager Jon M. Henning, City Attorney Mayor Falck read the call into the record. 1. Sabal Palm Plaza - Temp. Reso_._ #2736 - Discussion and possible action to amend Resolution '01-160, which granted a limited parking waiver, by increasing the number of additional spaces. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R- Q3 —/1?7_ PASSED. Jon Henning read the Resolution by title and C/M Stelzer MOVED to APPROVE Temp. Reso. #2736, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE 2. UTA Cable Corporation _ Temp_. Ord. #1056 - Discussion and pos- sible action to grant a non-exclusive franchise for a community antenna television system for a service area in the City located west of University Drive. First Reading. 5YNOP OF ACTION: APPROVED on first reading subject to further research. Jon Henning read the Ordinance in its entirety and explained that pursuant to the City Charter, Council is authorized to grant franchises up to a period of 4 years. He said this agreement is approximately 20 years with some provisions for renewal that would, in effect, be the same as renegotiating an agreement but there is a renewal provision for 10 year increments afterwards. He said he believes the original proposal was copied to American Video but today's hand out was not. Mr. Hennino explained there___was a -_proposal or application made many months aan to the city fnr a. ca.hle T11 fr,.nChisA. That application was typed on letter -size paper and was submitted to Council with a cover letter from him. He said they 'put this application on the word processor so that Council could make adjustments as agreed to by both sides. He said some modifications have been made from the original application already. He said he understands that American Video has the franchise throughout the City and UTA was seeking territory west of University Drive and, in essence, they overlap. He said the question arose as to whether or not American Video could serve the area that is the same area that UTA is asking for and there is nothing in this agreement that makes i-t illegal for American Video to go into Kings Point or other Lennar property. V/M Massaro said if Council enters into an agreement with UTA, they are not the parent company, the parent company is Lennar or F & R. She said if the parent company enters into this agreement, it is not a non-exclusive agreement and could cause problems. She said there should be language in the agreement that would prevent that from occurring. She said the applicant has indicated that they would pay 7/25/83 /pm r � � a 5% franchise fee, however, at the present time, this is an illegal amount. V/M Massaro said UTA has indicated that they will assist the City in applying to the FCC in an attempt to have them approve the 5%. She said she has learned of Senate Bill 66, Cable Telecomminica- tions Act of 1983,which is an effort to approve the 5% franchise fee and she requested that it be written into the agreement that,even if this attempt with the FCC fails, they would agree to pay it. V/M Massaro MOVED that this meeting be recessed until after the Workshop on the Budget so that the attorneys can discuss this further. SECONDED by C/M Kravitz. VOTE: ALL VOTED AYE Tape Mayor Falck reconvened the Special Meeting at 3:00 P.M. Mr. Henning said there was a question as to access to certain condo- miniums and whether or not any franchise cable company could have access to the buildings. He went to the Engineering Department to review the utility easements and discussed with Mr. Haber of Lennar Homes,the definition of cable television systems. He suggested adding a sentence on the Franchise Application, Part 2 a),'Definitions, "This CATV or CATV System shall be deemed and agreed to be a public utility for the purpose of using utility easements existing in the City at this time or in the future". Mr. Henning said he referred to the Ashmont plat, with the help of the Engineering Department, and there is a dedication of a blanket easement as long as there is no building existing there. He said there was concern as to how a cable company or any other utility could get from a public road to the condominium building if it was private property. He said he would discourage the City from allowing any development before the buildings are there because it is difficult to determine where the footrrint will land. Mr. Henning said that once the nrnnerty is developed, the buildings built and the pipes are placed in, even though the plat may not have a dedicated easement on it, the City receives a Bill of Sale for the utilities and easements for the area where the pipes are located. V/M Massaro asked if American Video and UTA took part in these discussions with the City Attorney and he said he had individual discussions with each of them but they were in separate offices and had discussions among_themselves at which he was not present. Mr. Henning said American Video feels they have an obligation to extend their services throughout the area. Mr. Haher referred Cniincil to Florida Statutes 718.1232 which states that a unit owner in a condominium has the right to receive service from a licensed cable TV operator. He said this clearly provides the right to go upon the property and effect the necessary installation to provide that service. He referred to Chapter 83 concerning rental properties, mobile home parks which are likewise covered. Mr. Haber said the purpose of this application is to give effect to a stipulation entered into by and between the City and UTA in respect of a cable TV franchise and not to be concerned with Florida law in respect of condominium unit owners. Mr. Haber invited American Cable to echo his comments concerning the Florida Statutes. He said after the franchise is granted they could meet with American Cable to amend the franchise to include whatever agreement might be reached. Mr. Haber said he does not feel that his function here today is to meet with the gentlemen from American Video. - 2 - 7/25/83 /pm V/M Massaro said the City has a responsibility to avoid problems when entering into franchises. Mr. Haber said he believes that as the application is presently constituted, it has reasonable terms and provisions that were contemplated more than a year ago when UTA was considering application for the franchise. V/M Massaro asked Mr. Haber if Council took action to move forward on first reading, would he meet with American Cable to resolve this so that action could be taken on second reading scheduled for 7/27/83. Samuel Hart, Consultant to UTA Cable Corp.,said he feels Council is trying to get an agreement between two competitive companies. Mr. Henning explained that Lennar Corp. is a company listed on the New York Stock Exchange and one subsidiary that they have is Lennar Homes who is building Kings Point, Lennar Homes used to be called F & R Builders. He said UTA is also owned by Lennar Corp. V/M Massaro asked if Lennar Homes has the right to give American Cable the right to enter and install their systems if people there want it and Mr. Haber said Lennar Homes, Inc. is the record owner of Kings Point. Mr. Haber said in connection with the sale of condominium units to be built and delivered and close title to, Lennar Homes, Inc. has filed with the Division of Florida Land Sales and has entered into certain contracts with purchasers. He said any agreement entered into by'Lennar Homes, Inc. and the City constitutes an amendment to those factors which require them to provide notice to each and every contract vendee. He said this was not contemplated when UTA sought an application for a franchise. He said that is an exposure that Lennar Homes should not have and Lennar Homes today cannot speak for and on behalf of unit owners who live at the development. Those unit owners speak for themselves. V/M Massaro asked Mr. Haber if UTA and Lennar Homes have the same rights and Mr. Haber said no, UTA is the applicant. He said Lennar Homes resolved that CATV,being defined as a public utility, would have an easement over the property. Barry Lemieux, representing American Video, said they have a non-exclusive franchise with the City and if UTA could assure them that they could have some access to the Lennar Homes property in the City, they would take comfort in that. Mr. Lemieux said in the experience of the cable industry in Florida, not withstanding the laws of the Statute, whenever developers have agreements with cable TV operators, they have denied access to the private right-of-way to the other franchisees in the area. Thus, on a defacto basis, the City would be granting an exclusive franchise, or in effect, disenfranchising Kings Point. He said American Cable is in the process of making some major improvements to the system by adding services and installing a community TV network. If the City grants a franchise, though non-exclusive, Chey would be inhibiting those people from receiving the kinds of service American Cable can provide. He said the City would be taking away from a larder sub- scriber base, which means the rates for the balance of the subscribers will not be as stable. Mitch Ceasar, representing American Cable, said according to the Florida Statutes dealing _wit_h. this,_ there are many questions left .............. unans.weed. Even if the franchisee is supposed to be allowed access, . if the streets are private and permission is not granted, that is their constitutional right. At some point there is not total ingress/ egress that is necessary. Mr. Lemieux said when a non-exclusive franchise is granted to someone who is tied to a developer, it is an exclusive franchise. Mr. Hart, of UTA, said to state that this would have an impact on the rate base is nonsense because they already have an adequate rate base and this City is not adequately compensated on that rate base. He said UTA voluntarily agreed to pay the maximum amount allowed by law to assist the City in every respect and put it into the application. - 3 - 7/25/83 /pm Mr. Hart said there are adequate means for them to compete. Mitch Ceasar said it is his understanding that the 5% growth fee is only granted in exceptional cases where it can be shown that there is extraordinary regulation. He said in New York they set up an entire public service type commission for cable and whether Tamarac could be granted the 5% promised is questionable. Tape Mr. Hart said he is on the record stating that it is essential for 2 the City to have adequate revenue to regulate cable TV in this City and they will assist the City in going before the FCC to have this approved. Mr. Lemieux said American Cable currently provides 5% of basic revenues which is more than what is permitted by the FCC. lie said they would volunteer to have their franchise be the maximum permitted by law. V/M Massaro MOVED that Temp Ord. #1056 be APPROVED on first reading subject to further research by the attorneys. SECONDED by C/M Kravitz. Mr. Henning referred to Exhibit "A" to the Ordinance Franchise Agree- ment, Page 2, G, "Gross Receipts". He said the only thing that is not included are the initial construction costs for which Lennar Homes may hire UTA to prewire their development, the City is not attempting to interfere with that arrangement. V/M Massaro questioned Mr. Hart as to whether or not they would prewire every unit and he said he would expect so. Mr. Henning went on to Page 3, #7, Reports and Payment of Franchise Fee. He said the provisions of the franchise state that for the first five years, while they are developing their base service area, the cable company will give the City quarterly reports and quarterly payments of the franchise fee and the payment will come with those reports. He said as the base increases the City will get monthly reports and monthly payments. He said there is an annual report which is an audit of all their fees at the end of their fiscal year and they have 90 days in which to submit this report. C/M Stelzer said this should be submitted by an independent CPA. Mr. Henning continued on Page 3, #8, Term of Franchise. He said this stipulates that there will be a 20 year franchise and the law under the Charter states there could be up to a 40 year franchise. He suggested that a date be inserted such as January 1, 2004, so that this would not become due during the month of July again and cause rush on Council's part, C/M Stelzer asked if the City wants to become locked into 5% for 20 years and Mr. Henning said the percentage fee is mandated by law. V/M Massaro said in Stipulation 12 it states "not to exceed 5%". Mr. Henning said an increase in their rates is done by an Ordinance with an amendment to their agreement. V/M Massaro said this should read "The initial term of the franchise shall be 20 years". Mr. Henning referred to Page 4, #13, Additional Provisions, Paragraph e, which is basically a hold harmless agreement and a provision for insurance as to personal injury,for the first ten years there is a $1,000,000 umbrella. Mr. Henning said he will make some of the corrections discussed and have this ready for the next meeting. VOTE: ALL VOTED AYE , The meeting was adjourned at 4:45 P.M. aw�4_4;? &�F �� Assistant City Clerk This public document was promulgated at a cost of $ /6 V V0 or $ --/, & per copy, to inform the general public and public officers and employees about recent opinions and consideration by the City Council of the City of Tamarac. - 4 - 7/25/83 /pm MY OF TAMARAC WROVED AT MEETING OF City Clerk L. A