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Home My WebLink About1983-07-29 - City Commission Reconvened Regular Meeting Minutes5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 July 28, 1983 NOTICE OF RECONVENED REGULAR MEETING CITY COUNCIL OF TAMARAC, FLORIDA Please be advised that the City Councill will hold a Reconvened Regular Meeting on Friday, July 29, 1983, at 1:30 p.m. in the Council Chambers of City Hall, 5811 Nr.4 83 Avenue, Tamarac, Florida. The items remaining from the Council Agenda of July 27, 1983, to be considered are as follows: 18. Ameri:can Video Report by City Attorney Discussion and possible action. 25. UTA Cable Corporation - Temp. Ord. #1056 - Discussion and possea action to grant a non-exclusive franchise for a community antenna television system for a service area in the City located west of University Drive. Second Reading. (Public Hearing held 7/27/83) 27. Kings Point Recreational Complex - Discussion and possible action on: a) Revised site plan for cable television building - Temp. Reso. #2806. b) Amendment to the Water and Sewer Developers Agree- ment. The City Council may discuss such other business as may come before it. The Special Meeting held July 26, 1983, which had been recessed to a future date, will convene immediately after this meeting and will be adjourned without discussion in view of the action taken by t1le Council Wednesday, July 27, regarding the Police Facility. The public is invited to attend.. 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. Carol A. Evans Assistant City Clerk CITY OF TAMARAC, FLORIDA RFCCINVFNFD CITY COUNCIL MEETING JULY 29, 1983 (From July 27, 1983) CALL TO ORDER: Mayor Falck called the Reconvened City Council Meeting to order on Friday, July 29, 1983 at 2:20 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 City Manager, Laura Z. Stuurmans Consultant City Atty., Alan Ruf Secretary, Lucy Curtis MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of Silent Meditation, followed by the Pledge of Allegiance. Mayor Falck read the official call of the Reconvened Regular Meeting. There were three items remaining from the Council Agenda of July 27, 1983, to be considered, items #18, 25, and 27. GENERAL ADMINISTRATIVE/FINANCIAL 18. American Video -- Report by City Attorney. Discussion and possible action. SYNOPSIS OF ACTION: TABLED to next regular meeting. Provision of City Charter involved which must be looked at with respect to Franchise. Mayor Falck stated that since the City Attorney, Jon Henning, was not present, the Chair would suggest that Council vote to table the item to the next regular meeting. Vice Mayor Massaro said that Attorney Ruf had brought to her attention the fact that because of the City Charter, there is more to the matter than American Cable is aware of. Alan Ruf, Consultant City Attorney, said he had looked at the City Charter with respect to Franchises, and then he looked at the Franchise that the City has with American Video. Mr. Ruf said he pointed out to the Vice Mayor that there is a provision in the City Charter which says that any transfer of a franchise is required to have the approval of the City Council, Vice Mayor Massaro pointed out that American Video has come before Council without approval of the franchise; further, the Charter says that it must be expressed by Ordinance. Vice Mayor Massaro suggested that American Video representatives get a copy of Section 7-19 of the Charter, and that would give them the information they need. Councilman Kravitz MOVED that Item #18, American Video, be TABLED for the next regular Meeting, in September. Vice Mayor Massaro SECONDED the MOTION. VOTE: ALL VOTED AYE PUBLIC HEARINGS 25. 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. Second Reading. 7/29/83 /lc SYNOPSIS OF ACTION: TABLED, to after 9/7/83, Final ocument has not Ueen presented to City. Mayor Falck explained that the item was previously up for discussion and action was previously taken by Council, and the item was re-agendized in order to consider any additional information that may not have been included at the time, Vice Mayor Massaro said representatives of UTA and Lennar have already indicated to her that the franchise was in Mr. Henning's possession for close to a year, however Council, has not had it for that length of time, nor has it been looked at until the previous Monday morning. The copy of the franchise submitted to them previously was not acceptable. Vice Mayor Massaro commented that the franchise that was on her desk the previous Monday morning was not in acceptable form either. She said there is no way that she could, in good conscience, discuss a franchise that is for 20 years with a 10 year option, solely under UTA control, and not under City control, without having a final document in her hands. Vice Mayor Massaro MOVED that the item be TABLED until the first meeting in September. Councilman Kravitz SECONDED the MOTION. Mayor Falck asked that there be some leeway in the event that during the time there is recess of Council, it might be determined it would be more advisable to have a special meeting on the matter.only. He explained that the meeting would not be scheduled before September 7th, after Council returns from the August recess. Vice Mayor Massaro agreed to AMEND the MOTION to remove reference to a specific time for the meeting, and not before September 7. Councilman Kravitz agreed to the amendment. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 27. Kings Point Recreational Complex - Discussion and possible action on: a Revised site plan for cable television building - Temp. Reso. #2806. b) Amendment to the Water and Sewer Developers Agreement. SYNOPSIS OF ACTION: TABLED, to be held at the same time as Item #25. Vice Mayor Massaro MOVED to TABLE Item #27, to be held at the same time as Item #25. Councilman Stelzer SECONDED the MOTION. VOTE: ALL VOTED AYE. Robert M. Haber, Attorney for UTAaaddressed the Commission with reference to Item #25, and as Attorney for Lennar Homes with regard to Item #27. He stated, on behalf of Lennar Homes, they ask that the Council consider the application for the revised Site Plan and grant its approval. He pointed out that Item #25 and Item #27 are not necessarily tied together. He said granting the application on Item #27 would afford the developer an opportunity to meet certain obligations with respect to purchasers of condominium units at Kings Point in Tamarac. Mr. Haber said he would be happy to satisfy any concern Council might have as to the propriety of treating Item #25 separate from Item #27, as a matter of law. He stated that certain FCC regulations would support the grant of the application fox the revised site plan for the purpose of making the installation. Vice Mayor stated that she has an obligation to the people and she does not take it lightly. She said that she could not change her mind on the matter except if there are at least three people available on August 12, she would consider that providing there is a document that Mr. Ruf and Mr. Henning could provide that this is not a head -end building. How- ever she felt it should not be discussed any further, and it should wait until it can be done properly. She noted that they are not just discussing a revised site plan, they are talking about a franchise and the whole matter. -2- 7/29/83 /lc Vice Mayor Massaro pointed out if Council allows them to do this, they no longer need anything from the City and they can have everything except the special items, while the City has no franchise. Vice Mayor Massaro said she would like to close the discussion, and handle the matter properly. Vice Mayor Massaro said that Lennar is tied into the matter and they can not be given anything that does not require a franchise. She said she had told them to bring in an honest non-exclusive franchise, and the City has not received that, nor have they received a finished document. She stated if there is no final document the matter should not be con- sidered. Mayor Falck agreed, and he said he does not want any items agendized until a completed document is received. Councilman Stelzer indicated he can't agree to permitting any site plans to go through; they specifically say "satellite receiving equipment" and the plans call for dish antennas. He said he would not permit any type of construction to commence until the franchise matter is settled. Councilman Kravitz stated there was a motion to table, and it was voted on, and there is no discussion. He requested that when he returns from vacation he would like to be part of the discussion and voting, with notjust three members of the Council, but possibly five. The Meeting adjourned at 2:35 P.M. MAYOR ATTEST: dl�� ASSISTANT CITY CLERK This public document was promulgated at a cost of $ or $ ', o per copy, to inform the general public and public officer's and employees about recent opinions and considerations by the City Council of the City of Tamarac. -3- 7/29/83 /lc CITY OF TAMAR4W, ApF YED AT MEETING OF �3