HomeMy WebLinkAbout1984-02-08 - City Commission Regular Meeting MinutesU` n
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P.O. BOX 25010
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, FEBRUARY 8, 1984
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
1. United Jewish A eal - Presentation of a proclamation by Mayo
Falck designating the week of February 13, 1984, as "United
Jewish Appeal Week".
2, Vocational Education - Presentation
Falck designating February 12 - 18,
Education Week".
BOARDS AND COMMITTEES
2/8 - Pg. 2
Proclamation pre
sented to C/M
Krantz by Mayor
Falck.
Pg.
of a proclamation by Mayor proclamation pre
1984, as "Vocational sented to Asst.
Principal of At-
lantic Voc. Sch.
3.
Investment Advisory Committee - Temp.�Reso. #2982_- Discussion
2/8 - Pg. 1
and possible action to appoint members to this committee
TABLED.
(tabled from 1/11/84).
2/15-- rg. 1
nept by Mayor.
4.
Investment Advisory_ Committee_ Report/Recommendations - Dis-
-
Appcussion
vie to be inter
viewed & rept at
possible action.
and P
5.
Welcoming Committee - Discussion and possible action on a
next meeting.
2/8 - Pg. 2
request from the Presidents Council to make a presentation
APPROVED.
before new residents.
2/8 - Pg-3
APPROVED a)
CONSENT
AGENDA
through c) and
e) through h).
6.
Items listed under Item #6, Consent Agenda, are viewed to be
routine and the recommendation will be enacted by one motion
in the form listed below. If discussion is desired, then the
item(s) will be removed from the Consent Agenda and will be
considered separately.
a) Minutes of 12/28/83 - Regular Meeting - Approval re-
commended by City Clerk.
b) Minutes of 1/3/84 - Reconvened Regular Meeting - Approval
recommended by City Clerk.
c) Richard S. Rubin - Consultant City Planner - Services for
January, 1984 - $2,287.50 - Approval recommended by City
d) Removed & the
Manager,
APPROVED. C/M
d) Mi tchel 1 Ceasar - Grants Consul tant - Retai ner for January
Kravitz to Tur-
Kish Council wit
1984 - $1,250.00 - Approval recommended by City Manager.
memo of info he
is seeking from
Mr. Ceasar, befo
next meeting.
PAGE TWO
e) Williams, Hatfield & Stoner, Inc.. - Consulting Engineer -
12/30/83 - Project 2088-0, Statement 2 - $11,186.70 -
Approval recommended by City Engineer.
f) Authorization for Sharon Ellis to represent the City at a
School Bus Auction to be held on February 18, 1984, with
approval to expend an amount not to exceed $2,000.00.
g) Acceptance of $500.00 donated by Sands Point Condominium
Coordinating Committee, Inc., to the Fire Department for
ambulance equipment.
h) Acceptance of a television monitor for training purposes
donated by the Sands Point Condominium. Coordinating
Committee, Inc., to the Police Department.
GENERAL ADMINISTRATIVE/FINANCIAL
7. Utilities West - Spray___Irrigati_on
Program - Discussion and
possible
action on:
a)
Woodlands Country
Club -
Acceptance of Utility Easement
Temp. Reso. #3006.
b)
Colony West Country
Club
Executive Course - Acceptance of
Utility Easement -
Temp.
Reso. #3007.
c)
Sabal Palm Country
Club
- Acceptance of Utility Easement
Temp. Reso. #3008.
d)
Condemnation of a
utility
easement on Woodmont Country
Club property - Temp.
Reso.
#3009.
8. Utilities West - Dome and Scrubber Unit - Discussion and pos-
sible action.
9. 201 Program - Temp. Reso. #3024 - Discussion and possible
action to designate the official responsible for this program
10. Fire Aid Agreement - Temp Reso. #3025 - Discussion and pos-
sible action to authorize execution of a Consolidated Mutual
Fire, Rescue, Emergency or Disaster Interlocal Agreement with
various cities in Broward County.
11. Field Lights at Tamarac Park - Discussion and possible action
on.
a) Authorization to prepare specifications to include the
upgrading of the existing field lights to be compatible
with the new installation for Field #1.
b) Increasing the scope of services of Mr. Cecil Nall's
contract to cover both the new Field #1 lights and the
upgrade of Field #2.
12. Independent Auditing Services for Fiscal Year 1983/84 - Dis-
cussion and possible action regarding solicitation of pro-
posals to perform the 1983/84 audit.
13. City_Council Expense Account Forms - Discussion and possible
action.
14. Y.O.U. Distributors - Discussion and possible action on a
request for waiver of certain provisions of Chapter 22 of the
Code pertaining to "Solicitors and Canvassers" to solicit
door-to-door for the sale of cookies.
15. Broward League of Cities Business - Discussion and possible
action.
2/8 - Pg. 3
APPROVED a),b),
and c). APPROVE
d) and author-
ized C/Atty to
proceed with su
Reso. #84-26, -
-28. & -29 PASS
: 2/8 - Pg. 11
uth C/Mgr to
_punch dome @
$82,500.00 &
scrubber @
$62,500.00.
2/8 - Pg. 5
eso # 84-30.
XrROVED, desig
ati_n.g C/Mar.
2/8 - Pg. 5
Reso. #84-31.
APPROVED.
/8-Pg. 8
PPROVED a) and
) with funds
rom Parks &
ecreation.
/8 - Pg. 5
uthorized C/Mg
o go to bid fo
services.
/8 - Pg. 6
PROVED forms
mmte/Bd Member:
City Employee:
/15 - Pg. 1
EMOVED from
genda at Applia
_request.
/8-Pg. 6
ept by C/M
ravitz.
LEGAL
PAGE THREE
AFFAIRS
2/8 - Pg. 17
16.
March Bond Issue - Status__Rep_ort on the Publ i c Presentation --
Discussion and possible action on. _. _...
a) Draft of the brochure
b) Update on slide presentation
c) Review of site plan for Site "B" on Commercial Boulevard
from Miller & Meier
TABLED a) & b)
to Reconvened
Mtg. c) Review
Presented.
a) and b)
2/15 - Pg. 4
Reviewed &
17.
Consulting Services for March Bond Issue - Discussion and
possible action on:
a) Approval to execute an Agreement wi th Dean Wi tter Reynol ds
Inc., for financial advisory services - Temp. Reso. #3011
b) Approval to execute an Agreement with Fine, Jacobson,
APPROVED.
2/8 -Pg. 6
Reso. #84-32 0.
APPROVED a) and
b).
Block, Klein, Colan & Simon, P.A., for bond counseling
services - Temp.__Reso. #3023.
- -
2/8 - Pg. 7
18.
Dammed City PropertZ - Discussion and possible action to
Authorized City
authorize the City Attorney to file a smal l claims action for
Attorney to fit
recovery of costs of damage to a guardrail.
action for smal
claim court.
19.
Consumers Federation vs.City of Tamarac - Status report, and
discussion and possible action.
2/8 - Pg. 26
Report by City
20.
-Attorney.
INA vs. City of Tamarac - Status report, and discussion and
2/8 - Pg- 8
possible action.
Auth C/Atty to
21.
-proceed.
Preparation of City Council Agendas - Temp. Reso. #2990 -
2/8 - Pg. 9
Discussion and possible action to amend the procedures re-
gardi ng preparation and consideration of items appearing on
any regular agenda of the Ci ty Council ( tabled from 1 /30/84)
Reso. #84-34.
APPROVED as
amended.
2/8 - Pg. 10
22.
Used Car Sales - Temp. Reso. #3010 - Discussion and possible
Reso. #84-45.
action to endorse a State Statute against "as -is" retail
APPROVED•
used car sales.
PUBLIC HEARINGS - 2:00 P.M.
23. Sutter Office/Retail Com lex - Petition #25-7-83 - Temp.
Reso. #3012 -- Discussion and possible action to grant a
limited waiver to the requirements of Section 18 of the Code
to allow all ninety degree parking at the proposed additional
parking lot for this complex, a/k/a Village Square, on lands
adjoining their complex and located at the northeast corner
of NW 61 Street and NW 77 Way.
2/8 - Pg. 20
Reso. #84-35.
P. H. held.
APPROVED for us
of employees
only.
2/8 - Pg. 21
ACCEPTED a).
24. Florida Pwer& Light, Com _
pa
o _ _ an - Petition #2-7-84 - Temp. Ord.
P. H. held.
_
-
#1087 Discussion and possible action to rezone lands on the
APPROVED b) as
north side of Southgate Boulevard, approximately 1,200-feet
amended, First
east of NW 88 Avenue, from S-1 (Open Space/Recreational) to
Reading.
R-IB (One -Family Dwelling), to be limited to utility sub-
station purposes only. First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of Mail-
ing and Affidavit of Posting.
b) Consideration of application.
2/8 - Pg. 23
25. Land Use Plan Amendment - Temp. Ord. #1088 - Discussion and
P. H. held.
possible action to change the Land Use designation for a -APPROVED
on
parcel of land 700-feet in width by 180-feet in depth,
First Reading.
located 1,200-feet east of the northeast corner of NW 88
Avenue and Southgate Boulevard, lying between Southgate
Boulevard and the C-14 Canal from Public -Private Recreation/
Open Space to Utility, in order to permit an electrical
utility substation. First Reading.
PAGE FOUR
COMMUNITY DEVELOPMENT
26. Florida Power & Light Company - Discussion and possible
action on:
a) Authorization for the appropriate City officials to
execute a Contract for Purchase and Sale of City -owned
lands on the north side of Southgate Boulevard approxi-
mately 1,200-feet east of NW 88 Avenue for an electrical
utility substation -- Temp_._ Reso.#3022.
b) Developers Agreement.
27. Sutter Commercial c Co Building - Site Plan - Temp.__Reso. #3014
7 a ._
a) Discussion and possible action to approve a site plan for
the parking lot (located at the northeast corner of NW 61
Street and NW 77 Way).
b) Landscape Plan
28. Woodmont Tract 59 - Temp. Reso.#2893 - Discussion and pos-
sible action to accept a Bill of Sale for water distribution
and sewage collection system improvements (tabled from
1/25/84).
29. Woodmont Tract 57 - Revised Site Plan - Temp. Reso. #3015 -
Discussion and possible action to approve a revised site
plan for entrance signs.
30. Tamarac Town Square - Discussion and possible action to
approve the 'Following:
a) Canal Maintenance Easement - Te_mg.__Reso. #3016
b) Flo-Thru Drainage Easement - Temp. Reso. #3017
c) Water Utility Easement Deed - Temp. Reso. #3018
31. Lakeside Apartments - Temp. Reso. #3019 - Discussion and
Possible action to approve a Declaration of Covenants and
Conditions concerning dumpster locations and utility lines.
32. Lakes of Carriage Hills - Discussion and possible action on:
a Revised site plan for the model sales area to reflect a
temporary drive at Sabal Palm Boulevard East and side-
walks - Temp. Reso_. #2999.
b) Declaration of Protective Covenants and Restrictions -
Temp. Reso. #2997.
c) Sidewalk Easement - Temp. Reso. #2998.
d) Renewal of a model sales permit for a facility located
at 6180 Rock Island Road.
e) Rezoning Petition #3-7-82 to rezone lands at the north-
east corner of Rock Island Road and Sabal Palm Boulevard
East, extending north toward Bailey Road approximately
155-feet and eastward approximately 435-feet, from S-1
(Open/Space Recreational) to B-1 (Neighborhood Business),
by Temp. Ord. #1081 (Public Hearing held 1/25/84)
(tabled from 1/30/84).
33. Patio Homes at Fairmont - Model Sales Facility - Discussion
and possible action to renew a model sales permit.
34. Isles of Tamarac - Revised Site Plan - Temp._ Reso. #3013 -
Discussion and possible action to approve a revised site
plan for a sun shade at the tennis court.
35. Home Construction Warrant Bond - Temp. Reso. #3020 - Dis-
cussion and possible action to release a bond posted as a
warranty against defects for a home located at 7820 Banyan
Terrace.
36. Demolition Bond Release - Temp. Reso__#3021 - Discussion and
possible action to release a performance bond posted to
guarantee removal of all non -conforming encroachments in the
event of denial of a variance by the Board of Adjustment for
a home located at 6000 Umbrella Tree Lane.
2/8 - Pg. 24
a) TABLED to
Second Reading
b) TABLED unti
a) portion is
considered.
Z/O - rg. 1 &
Reso # 84-36.
a) APPROVED wi
conditions.
b) Agendized b
Consent, then
APPROVED, with
conditions.
2/8 -- Pg. 10
TABLED.
2/8 - Pg. 15
Reso. #84-37.
APPROVED with
conditions.
2/8 - Pg. 11
Reso. #84-38,
-39, & --40.
APPROVED a), b
and c).
2/8 - Pg. 30
Reso. #84-41.
APPROVED.
2/8 - Pg. 31
TABLED to Reco
vened Meeting.
2/15 - Pg. 2
TABLED to next
regular meetin
2/8 -- Pg. 11
APPROVED for 6
months from
2/15/84.
2/8 - Pg. 17
Reso. #84-42.
APPROVED. Finaii
to determine al
due_ & responsb:
2/8 - Pg. 13
Reso. #84-43.
APPROVED to re-
lease $1500 ca:
bond.
2/8 - Pg. 14
Reso. #84-44.
APPROVED.
PAGE
37. Drainage Im rovements in the City - Discussion and possible
action on:
a) Authorization for Williams, Hatfield & Stoner, Inc., to
study, design and prepare bidding documents for drainage
corrections in Woodlands Section 8.
b) Reports.
REPORTS
38. City Council
39. City Manager
40. City Attorney
City Council may consider such other business as may come before it.
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 proceeding, 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 basec
CITY OF TAMARAC
Carol A. Evans
Assistant City Clerk
SPECIAL MEETING AND WORKSHOPS
Tuesday, February 7, 1984 - Special Meeting - 10:00 A.M. - Council Chambers -
Interview 4 Engineering Firms for Trafficways Study
Friday, February 10, 1984 - Workshop Meeting - 1:30 P.M. - Council Chambers -
Recreation Facility at Tamarac Park - Presentation
by City Planner
Thursday, February 16, 1984-Workshop Meeting - 10:30 A.M. - West Conference Room
Parking on Unpaved Lands
Following are the residential and commercial zoning districts in the City:
R-1
- Single Family Residence
B-2 -
Planned Community Business
R-lB &
B-3 -
General Business
R-lC
- One -Family Dwelling
B-5
- Limited Business District
R-2
- Two -Family Dwelling
B-6 -
Business District
RD-7
- Two -Family Dwelling
S-1
- Open Space/Recreational
R-3U
- Row House
I-1 -
Institutional
R-3
- Low Density Multiple Dwelling
M-1
- Light Industrial
RM-5
- Residential Multi -Family
M-2
- Medium Industrial
Dwelling
A-1
- Limited Agricultural
RM-10
- Planned Apartment
A-5
- Agricultural/Excavation
R-4A
- Planned Apartment
T-1
- Trailer Park District
R-5
- Motel/Hotel
B-1
- Neighborhood Business
FIVE
2/8 - Pg. 14
TABLED to next
regular meeting
2/8 - Pg. 27
Reports by C/M
Stelzer & Kravi
& Mayor Falck.
2/8 - Pg. 28 —
No report.
2/8 - Pg. 28
Report by City
Attorney.
PAGE SIX
1, Proclamation for National Engineers Week Presentation of a proclama-
tion tion by Mayor Falck.
42. Realignment of NW 61 St. - Cooperative Agreement _ Discussion and
Possible Action._
43. The Honda Classic - Discussion and possible action to approve a request
for a temporary directional sign at University Drive and Commercial
Boulevard.
2/8 - Pg. 1 &
gendized by Coi
sent. REMOVED
from A enda.
/8 - Pg. 7 & 1.
gendized by Coi
ent. Authorizeii
Vice Mayor to
attend meeting
with County.
/15 - Pg. 7
gendized by Coi
ent. C/Mgr
authorized to
ork out detail:
CITY OF TAMARAC, FLORIDA
REGULAR COUNCIL MEETING
February 8, 1984
Tape CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday,
1 February 8, 1984, at 9:30 A.M. in the Council Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice Mayor Helen Massaro
Councilman Philip B. Kravitz
Councilman David E. Krantz
Councilman Jack Stelzer
ALSO PRESENT:
Laura 7. Stuurmans, City Manager
Jon M. Henning, City Attorney
Carol A. Evans, Assistant City Clerk
Patricia Marcurio, Secretary
Roslyn Brauner, Secretary
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment
of Silent Meditation followed by the Pledge of Allegiance.
BOARDS AND COMMITTEES
3. Investment Advisory Committee - Temp. Reso. #2982 - Discussion
and possible action to appoint members to this committee (tabled
from 1/11/84).
SYNOPSIS OF ACTION: TABLED.
Mayor Falck said he has a request that this item be TABLED and v/M
MASSARO so MOVED, SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
PRESENTATIONS
41. Proclamation for National En ineers Week - Presentation of a
proclamation by Mayor Falck.
SYNOPSIS OF ACTION: Agendized by Consent.
See Page 7).
Mayor Falck requested that presentation of a proclamation for National
Engineers Week be Agendized by Consent and C/M Kravitz so MOVED,
SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
27. Sutter Commercial Buildin Discussion and possible action on':
aT Site Plan - Temp. Reso. #3014 -approval for the parking lot
(located at the northeast corner of NW 61 Street and NW 77
Way)
b) Landscape Plan
SYNOPSIS OF ACTION: b) Landscape Plan
Agendized by Consent (See Page 26).
V/M Massaro MOVED to Agendize by Consent the Landscape Plan for Sutter
Commercial Building as a b) portion to this item, SECONDED by C/M
Kravitz.
vnTr7
ALL VOTED AYE
2/8/84
/pm
PRESENTATIONS
1. United Jewish Appeal - Presentation of a proclamation by Mayor
Falck designating the week of February 13, 1984, as "United
Jewish Appeal Week".
SYNOPSIS OF ACTION: The Proclamation was
presented to C/M Krantz, Chairman of
the United Jewish Appeal.
Mayor Falck presented a proclamation to C/M Krantz, Chairman of the
United Jewish Appeal, designating the week of February 13, 1984 as
"United Jewish Appeal Week".
2. Vocational Education - Presentation of a proclamation by Mayor
Falck designating February 12 - 18, 1984, as "Vocational
Education Week".
SYNOPSIS OF ACTION: The proclamation was
presented to Dawn Van Arsdall, Assistant
Principal of Atlantic Vocational School.
Mayor Falck presented a proclamation to Dawn Van Arsdall, Assistant
Principal of Atlantic Vocational School, designating 2/12/84 to
2/18/84 as "Vocational Education Week".
C/M Stelzer presented Mayor Falck with a plaque from the Broward
County Planning Council to acknowledge his many contributions. He
read the Resolution accompanying this award into the record.
BOARDS AND COMMITTEES
5. Welcoming Committee - Discussion and possible action on a request
from the Presidents Council to make a presentation before new
residents.
SYNOPSIS OF ACTION: APPROVED.
C/M Kravitz said the request by the Presidents Council to the Wel-
coming Committee to have a representative speak before the new
residents was approved unanimously at their last meeting and he
MOVED APPROVAL., SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
CONSENT AGENDA
6. Consent Agenda -
a) Minutes of 12/28/83 - Regular Meeting - Approval recommended by
City Clerk.
b) Minutes of 1/3/84 - Reconvened Regular Meeting - Approval re-
commended by City Clerk.
c) Richard S. Rubin - Consultant City Planner - Services for January,
1984 - $2,287.50 - Approval recommended by City Manager.
d) Mitchell Ceasar -- Grants Consultant - Retainer for January, 1984
$1,250.00 - Approval recommended by City Manager.
e) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
12/30/83 - Project 2088-0, Statement 2 - $11,186.70 - Approval
recommended by City Engineer.
f) Authorization for Sharon Ellis to represent the City at a School
Bus Auction to be held on February 18, 1984, with approval to
expend an amount not to exceed $2,000.00.
g) Acceptance of $500.00 donated by Sands Point Condominium
Coordinating Committee, Inc., to the Fire Department for ambulance
equipment.
- 2 - 2/8/84
/pm
h) Acceptance of a television monitor for training purposes donated
by the Sands Point Condominium Coordinating Committee, Inc., to
the Police Department.
SYNOPSIS OF ACTION: APPROVED Items a) through
c) and e through h). Item d) was REMOVED for
discussion and APPROVED. C/M Kravitz will
furnish Council with a memo concerning
information he is seeking from Mr. Ceasar
before the next meeting.
C/M Kravitz requested Item d) be REMOVED for discussion and he
MOVED to APPROVE Items a) through c) and e) through h), SECONDED
by C/M Krantz.
VOTE:
ALL VOTED AYE
C/M Stelzer, an behalf of the Council, thanked the Sands Point Condo-
minium Coordinating Committee for their contributions to the City.
C/M Kravitz said on Item d), he received a letter from Mitch Ceasar
which did not answer all his questions in reference to 1983 and he
requested a short period of time to write a letter to him asking
for all the answers he needs. He suggested holding his retainer
until he has received this information, until the next meeting.
He so MOVED. C/M Stelzer said the City has a contract with Mitch
Ceasar to pay him monthly and he suggested this bill be paid. V/M
Massaro said she does not want to wait until the next meeting to
get information from C/M Kravitz and she would like to know now in
writing what his questions are.
V/M Massaro MOVED this bill be paid and C/M Kravitz furnish Council
with the information that he is seeking from Mr. Ceasar before the
next meeting, SECONDED by C/M Krantz.
VOTE: C/M Stelzer
Aye
C/M Krantz
Aye
C/M Kravitz
Nay
V/M Massaro
Aye
Mayor Falck
Aye
GENERAL ADMINISTRATIVE/FINANCIAL
7. Utilities West - Spray Irrigation_ Program - Discussion and pos-
sible action on:
a) Woodlands Country Club - Acceptance of Utility Easement -
Temp. Reso. #3006
b) Colony West Country Club Executive Course - Acceptance of
Utility Easement - Temp. Reso. #3007
c) Sabal Palm Country Club - Acceptance of Utility Easement -
Temp ._ Reso . #3008
d) Condemnation of a utility easement on Woodmont Country Club
property - Temp. Reso. #3009
SYNOPSIS OF ACTION: a), b) and
RESOLUTION
NO.
R-84-,�? &
c APPROVED, d APPROVED authorizing
RESOLUTION
NO.
_PASSED.
R-84-,.?17 PASSED.
the City Attorney's office to proceed
RESOLUTION
NO.
R--84PASSED.
with the condemnation suit for a utility
RESOLUTION
NO.
R-84- PASSED.
easement on Woodmont Country Club property.
a) Mr. Henning read the Resolution by title and V/M Massaro MOVED APPROVAL
of Temp. Reso. #3006, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
b) Mr. Henning read the Resolution by title and V/M Massaro MOVED APPROVAL
of Temp_Reso. #3007, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
- 3 - 2/8/84
/pm
c) Mr. Henning read the Resolution by title and V/M Massaro MOVED APPROVAL
of Temp. Reso. #3008, SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
d) Mr. Henning read the Resolution by title and said spray irrigation
-has been used in a limited way already in Tamarac and has proved
to be very successful and that is part of the reason other golf
courses have agreed.to work with the City and give the easements
necessary to expand the spray irrigation process. The fourth golf
course that the City is hoping to work with and has been working
with, is the Woodmont Golf Course. He said there has been a recent
sale of the Country Club and there are several parties involved.
He said Alan Ruf has emphasized to him that if there is such a
thing as a friendly law suit this would be it. It would leave it
to the courts to determine who the parties are that have to be
notified and bring together all the parties of interest so that
they could hopefully accomplish the fourth easement that the City
is seeking. He said there may be some nominal court costs that
were attorneys fees for the other side that the City may have to
pay and they are urging approval.
V/M Massaro MOVED APPROVAL of Temp. -Reso. #3009, authorizing the
City Attorney's office to file the statutory and condemnation
proceedings against Woodmont Corp. to secure a permanent easement
for the disposal of treated water on the Woodmont Golf Course.
SECONDED by C/M Krantz. C/M Kravitz asked the City Attorney if they
contacted Woodmont to determine their feelings on this and Mr. Henning
said they have been contacted and there have been several meetings.
Mr. Henning said before any papers are actually filed in court,the
City Attorney will meet with the Woodmont owners or the Homeowners
Association and explain the documents that will be filed and the
ramifications. He said this is merely a legal way of acquiring
the title needed for the easement.
VOTE:
ALL VOTED AYE
Vickie Beech, resident, asked the City Attorney the purpose of
these easements and Mr. Henning said the 3 golf courses involved
have given up perpetual easements which allows the City to provide
them with irrigation water which has been treated and was placed
in contained ponds and they agree to use that as the primary
source of irrigation for the golf course. Ms. Beech asked what
is meant by ponds and Mr. Henning explained that they look like
canals but are self-contained. Harold H. Newman, resident, asked
approximately how many gallons of this waste water will be put
on the golf courses and Mr. Henning said the water that will be
used is better water than is in there now and there will be about
5 million gallons per day used.
City Manager Stuurmans said we are currently discharging that amount
on the Executive Course that is east of Pine Island Rd. but E.P.A.
regulations have changed since the building of the utility and that
golf course and they require that we disseminate the treated water
over a larger area of green space. She said this is a part of the
compliance that necessitates the subject of bond issue that is going
to the public. She said the South Florida Water Management District
will be regulating the quality of the aqua flow and they will join
the City in a number of presentations to a number of civic groups
because they are very much in favor of the spray irrigation program.
John Lachmann, resident, said the holding ponds are used during the
dry spells only.
C/M Stelzer said he has worked with the administration and in 3 weeks
they have 8 golf courses ready to take the spray irrigation and the
City Manager thanked him for his assistance. Mayor Falck commended
the City Manager, C/M Stelzer and the City Engineer for their efforts
on this regard.
- 4 - 2/8/84
/pm
9. 201 Program - Temp. Reso. #3024 - Discussion and possible action
to designate the official responsible for this program.
SYNOPSIS OF ACTION: APPROVED
designating the City Manager.
RESOLUTION NO. R-84-,3 o PASSED.
Mr. Henning read the Resolution by title and said he sent a letter
to the County Commission stating that they hope to have the City
designee authorized to work directly with the Tallahassee agencies
and this Resolution would appoint the City Manager as that person.
City Manager Stuurmans said as a participating City within the north
area of the County's 201 Plan, th.e County is currently our designee
in Tallahassee for contact regarding affairs relating to the City
of Tamarac 201 Program and also our applications for construction
grant. She said apparently, in the course of the 2 year period of
the D.E.R.'s consideration of 201, there has been some breakdown
of communications. She said on occasion, communications to the
County would be copied to the City but on other occasions we were
inadvertently ommitted which is a handicap. She said we have made
first hand contact with the people that we need to deal with in
the processing of our grant application in Tallahassee and we
would like to maintain that direct contact with them through the
City Hall offices.
C/M Kravitz MOVED APPROVAL of Temp. Reso. #3024 designating the
City Manager as the authorized representative for contact with and
to sign applications to the Florida Department of Environmental
Regulations on behalf of the City, SECONDED by V/M Massaro.
Millis
ALL VOTED AYE
10. Fire_ A Aid greement - Temp. Reso. #3025 - Discussion and pos-
sible action to authorize execution of a Consolidated Mutual
Fire, Rescue, Emergency or Disaster Interlocal Agreement with
various cities in Broward County.
SYNOPSIS OF ACTION: APPROVED.
RESOLUTION NO. R-84- 3 / PASSED.
Mr. Henning read the Resolution by title and C/M Krantz said the
City currently has mutual Fire Aid Agreements with some contiguous
cities and this would carry it a little further. He said currently
4 cities have already passed this type of legislation, 6 more cities
have it on their agenda and we would be the llth City, therefore,
he MOVED APPROVAL of Temp. Reso. #3025 authorizing the appropriate
City officials to execute the Consolidated Mutual Fire Aid Inter -
local Agreement by and between the City and various cities in
Broward County, SECONDED by C/M Kravitz.
V/M Massaro asked which cities have entered into this Agreement and
C/M Krantz said Fort Lauderdale, Hollywood, Dania and Pembroke
Pines.
VOTE: ALL VOTED AYE
12. Independent Auditing -Services for Fiscal Year 1983/84 - Dis-
cussion and possible action regarding solicitation of proposals
to perform the 1983/84 audit.
SYNOPSIS OF ACTION: The City Manager
was authorized to go to bid for the
necessary services.
Mayor Falck said he requested this be placed on the agenda so that
the City Manager could receive Council's ideas as to how we should
proceed in considering audit proposals for 1984. C/M Stelzer MOVED
the City Manager be authorized to go to bid for the necessary
services, SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
2/8/84
/pm
13. Cit Council Expense Account Forms - Discussion and possible
action.
SYNOPSIS OF ACTION: APPROVED the expense
forms for all employees of the City as well
as Committee and Board members.
C/M Stelzer said at the last meeting Burt Emmer, of Alexander
Grant and Company, auditors, was dissatisfied with the method of
reporting the City Council's expenses. He said he met with
Steve Wood, Finance Director, and they have devised a new
mileage reimbursement voucher which was approved by both. He
said he is asking Council's approval. V/M Massaro said for
further clarification, the point of origin, if more than one
place, will be listed individually. V/M Massaro MOVED APPROVAL
of the expense forms for all employees of the City as well as
Tape Committee and Board members. SECONDED by C/M Stelzer.
2
VOTE: ALL VOTED AYE
15. Broward League of _Cities Business - Discussion and possible
action.
SYNOPSIS OF ACTION: C/M Kravitz
gave a report.
C/M Kravitz said the next dinner meeting will be held on Friday,
2/17/84 at Valle's in Hallandale at a cost of $16. He said
discussion at that meeting will include the following:
1. Southern Bell, ATT and their impact on municipal operations.
2. General membership discussion on priority committees reports.
3. Nominations and appointments to the Broward County Water Supply
Advisory Board.
4. Information on nominations to the League's Board of Directors.
5. Discussion on the Legislative Policies Statement.
6. Solid Waste Resource Recovery Projects update.
7. Information on Amendment 1 and various other items.
8. There is a report on the appointment of Floyd Johnson as County
Administrator to the Broward County Water Supply Advisory Board.
9. There were nominations from 6 geographical areas to insure
fairness on the distribution.
10. Mayor Falck was desigated to represent Tamarac there.
11. Kurt Volker, Administrator, will be leaving on 2/16/84 and
there will be suggestions for his successor.
LEGAL AFFAIRS
17. Consulting Services for March Bond Issue - Discussion and pos-
sible action on:
a) Approval to execute an Agreement with Dean Witter Reynolds,
Inc., for financial advisory services - Temp. Reso. #3011
b) Approval to execute an Agreement with Fine, Jacobson,
Block, Klein, Colan & Simon, P.A., for bond counseling
services - Temp. Reso. #3023.
SYNOPSIS OF ACTION: a) and b) RESOLUTION NO. R-84-PASSED.
APPROVED, RESOLUTION NO. R-84---5 PASSED.
a) Mr. Henning read the Resolution by title and said the City has
received a Letter Agreement as requested when the Council approved
of the Dean Witter Reynolds, Inc. organization as financial advisors
for the bond issue. He said there were suggestions by the City
Manager, the Finance Director and himself and they changed the
Agreement and the finished product is in Council's backup and he
recommended approval. The City Manager said the letter embraces
all the terms and commitments that were discussed previously by
Council when they approved their services. V/M Massaro MOVED the
APPROVAL of Temp. Reso. #3011, SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
- 6 - 2/8/84
/pm
b) Mr. Henning read the Resolution by title and V/M Massaro MOVED
APPROVAL of Temp. Reso. #3023, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
18. Damaged City_Property - Discussion and possible action to
authorize the City Attorney to file a small claims action
for recovery of costs of damage to a guardrail.
SYNOPSIS OF ACTION: The City Attorney was
authorized to file action for recovery of
costs of damage to a guardrail at the
intersection of 53rd and Prospect Rd.
Mr. Henning said there was an accident involving a private in-
dividual hitting a guardrail and there was approximately $1,400
in damages, which would be a County Court case in Civil Court
for recovery. The driver of the car has pled guilty to the
traffic ticket charges, and was fined. He advised Council that
in this incident there has been an attempt at collection by the
Risk Management office and they have been unsuccessful and the
City is prepared to file a small claims case or a County Court
case to attempt collection of approximately $1,400 recovery to
the City. Mayor Falck said this happened at the intersection of
53rd and Prospect Rd. and he suggested the City Attorney be
authorized to move forward.
C/M Kravitz MOVED to authorize the City Attorney to file a small
claim court action for recovery of costs of damage to the guard-
rail, SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
42. Rea l_ig_nme_nt of NW 61 St. - Cooperative A reement - Discussion
and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
See Page 15 .
V/M Massaro said she has received a call from Commissioner Craft's
office and the item on the NW 61 St. cooperative effort will be
heard at the County Commission at 10:00 A.M. on Tuesday, 2/14/84;
therefore, it will be necessary to designate someone to appear
there with the appropriate City officials. She MOVED to Agendize
this by Consent as an emergency item, SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
PRESENTATIONS
41. Proclamation for National Engineers Week - Presentation of a
proclamation by Mayor Falck.
SYNOPSIS OF ACTION: Agendized by Consent.
See Page 1 . REMOVED from the agenda.
Mayor Falck said the person responsible to accept the proclamation
is unable to be present and this will be mailed to them, therefore,
he suggested removing this from the agenda. C/M Kravitz so MOVED,
SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
- 7 -
2/8/84
/pm
GENERAL ADMINISTRATIVE/FINANCIAL
11. Field Lights a _ Tamarac Park - Discussion and possible action
t Tar_—._.
on:
a) Authorization to prepare specifications to include the
upgrading of the existing field lights to be compatible
with the new installation for Field 91.
b) Increasing the scope of services of Mr. Cecil Nall's
contract to cover both the new Field #1 lights and the
upgrade of Field #2.
SYNOPSIS OF ACTION: a) and b)
APPROVED, with funds coming from
the Parks and Recreation Fund.
City Manager Stuurmans said Council received a memo from her
concerning this. on 1/31/84. She said a group of staff and
Recreation Department people worked with Mr. Nall and it is
their joint recommendation, along with hers, that both items
a) and b) be approved. She said Council has previously
authorized the specs to be prepared but the point being made
is if the new field is lighted with an upgraded system, the
first field will be glaringly different and should be upgraded
at this time as well. V/M Massaro asked the City Attorney
if it would be appropriate for the funds to come from the
Parks and Recreation fees and he said this could be so
stipulated. She MOVED APPROVAL of a) and b) with the funds
to come out of the Parks and Recreation fees, SECONDED by
C/M Kravitz.
VOTE: ALL VOTED AYE
LEGAL AFFAIRS
20. INA vs. City of Tamarac - Status report, and discussion
and possible action.
SYNOPSIS OF ACTION: The City Attorney and
Consultant City Attorney were authorized
to enter a Notice of Appearance and become
involved in whatever effort necessary and.
a report will be brought back to Council
if further consultation is needed.
Mr. Henning said there is a memo in the backup from him and
Chris Carsky of Alan Ruf's office. He explained that the INA
case against Tamarac is regarding the Woodmont Clubhouse fire
approximately 2 years ago. Ms. Carsky has brought the status
of this up-to-date and there is a question as to the City's
liability. He said if the City is found liable, our coverage
is only $100,000 and the claims far exceed that amount. Fie
said they are suggesting at this time, that the City take a
more active role in the case. He said through his and the
Consultant's office, we could file an appearance and attend
more of the meetings. Fie said there will be depositions coming
up and they may need to order a few transcripts in order to
return to Council in a few months with a status report.
He said presently there is no limitation on this authorization
and Council may place a limit if they so desire. V/M Massaro
said the City must be protected and she MOVED that the City
Attorney and the Consultant City Attorney enter a Notice of
Appearance and become involved to the extent that they feel
is necessary. As they proceed, a report should be brought to
Council in case a further Consultant is needed. SECONDED by
C/M Kravitz.
V/M Massaro said, as this progresses, if the City Attorneys
determine that more assistance is needed, Mayor Falck may
call an emergency meeting. Mr. Henning said there are two
other defendants in the case as well, the architect and the
engineers.
8 - 2/8/84
/pm
Mayor Falck said he provided input on this at the Board of
Rules and Appeals a few weeks ago because there are other
municipalities involved. He said carriers are going to collect
premiums and expect the municipalities and the taxpayers to
pay the balance.
VOTE:
ALL VOTED AYE
21. Preparat and
of City
Council Agendas Temp. Reso. #2990 -
l -�
Discussionpossible action to amend the procedures —re-
garding preparation and consideration of items appearing on
any regular agenda of the City Council (tabled from 1/30/84).
SYNOPSIS OF ACTION: APPROVED
as amended.
RESOLUTION NO. R-84- PASSED.
Mr. Henning read the Resolution by title and V/M Massaro said
the options must be analyzed to change the wording. Mr. Henning
said there are different paragraphs in brackets for Council's
choice or they can choose other language. V/M Massaro MOVED
APPROVAL of the amenaments, on Page 7, striking
Lines 4 through 6 to read "at a regular Council meeting,
supplemental items may be added to the agenda by Council with
a majority vote requiring at least three affirmative votes of
those present approving the addition of a supplemental item for
discussion, consent and action of that item at the meeting".
C/M Stelzer suggested on Page 1, Line 1, striking the words
"of those" and on Line 2, striking the word "present". V/M
Massaro accepted these amendments to her MOTION, SECONDED by
C/M Krantz.
C/M Kravitz questioned how the public will know when something
has been agendized by consent and acted on. V/M Massaro said
in the past years this has never been abused and there is nothing
to stop a member of Council from stating at the meeting if an
item is unfair to anyone. She said Council is not doing anything
that is intended to harm anyone. Mayor Falck said the previous
item is an example of the need for agendizing by consent with
action.
C/M Stelzer said he made an analysis of all of the items that
were agendized by consent from February to December, 1983 and
the total was 90. He said 43 related to developers such as
easements, Water and Sewer Agreements, extension of permits,
site plans, cable television franchise, release of warranty
bonds, canal excavations, etc.; none of which would have been
changed even if there were public input and none of which would
have affected anyone adversely, however, they saved the developers
millions of dollars. He said there were 11 items which were
timely reports such as Judge Weissing's report, the City Attorney's
report on gas tax decisions, school busing, ambulance feasibility,
widening of University Drive, etc. There were 12 items regarding
awards, introductions of new employees, appointments, resignations,
and Board appointments. There were 8 items on special projects
such as the Police Facility, recreation field lights, Eminent
Domain, County rezoning and Interlocal Agreements. There were
1:4 items concerning paying small bills not included on the agenda
such as lawn cutting contracts, median maintenance, weed removal,
Concord Village security, burglar alarm fees and budget changes.
He said none of these in any way affect the citizens adversely,
they had to be acted on and were handled properly. He suggested
following the Vice Mayor's recommendation to change the Resolution
so that action can be taken on items that are agendized by consent.
VOTE: C/M Stelzer
Aye
C/M Krantz
Aye
C/M Kravitz
Nay
V/M Massaro
Aye
Mayor Falck
Aye
- 9 - 2/8/84
/pm
V/M Massaro said she only MOVED APPROVAL of the amendments and
she MOVED APPROVAL of Temp. Reso. #2990 as amended, SECONDED
by C/M Krantz.
VOTE: C/M Stelzer
Aye
C/M Krantz
Aye
C/M Kravitz
Nay
V/M Massaro
Aye
Mayor Falck,
Aye
22. Used Car Sales - Temp. Reso. #3010 - Discussion and possible
action to endorse a State Statute against "as -is" retail
used car sales.
SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-84- PASSED.
I Mr. Henning read the Resolution by title and said he was originally
requested to prepare a Resolution for a County Ordinance and in
discussions with the County Attorney.'s office, he learned that
they are not planning an Ordinance, therefore, the City's support
of their Ordinance would be in vain. He said the County Attorney
has determined that a County Ordinance would be in conflict with
the State Statutes and, in fact, one City which has already passed
an Ordinance prohibiting "as -is" sales of used cars has been
struck down as unconstitutional at Circuit Court level
fie said although there are certain implied and expressed warranties
provided under the Uniform Commercial Code, which is a set of laws
which most States have enacted, there is a provision that one can
have an "as -is" sale, which voids any implied warranties. He
said in order to accomplish what the Council had wanted to do,
it requires State Legislation, and for that reason, the Resolution
is addressed to the Broward Delegation of the State Legislature
instead of the County Commission.
C/M Kravitz said, as a member of the Consumers Board for the County
as well as Tamarac, it was brought to his attention that the dealers
were taking advantage of the people buying cars. He said at
first, it was decided to recommend to the County legislation
putting restrictions on these dealers to protect consumers and
residents of Broward County. However, he said, based on the
information the City Attorney has received from the Broward
County Attorneys, we are now urging State Legislators to sponsor
an amendment to the Florida Statutes requiring that the sale of
all motor vehicles have a warranty against undisclosed defects
for a period of 1,000 miles or 30 days from the time of delivery,
whichever comes first. He commended the City Attorney for his
determination that this is a problem of the State and not the
County and he MOVED APPROVAL of Temp. Reso. #3010 implementing
the Statute of the State for a minimum mandatory warranty for
the purchase and sale of used motor vehicles, SECONDED by C/M
Stelzer.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
28. Woodmont Tract 59 - Temp_.. Reso. _#2893 - Discussion and pos-
sible action to accept a BillofSale for water distribution
and sewage collection system improvements (tabled from
1/25/84).
SYNOPSIS OF ACTION: TABLED to a
future meeting.
Mr. Henning said this item is not in its proper form because of
the sale of the Woodmont Country Club and he suggested tabling.
C/M Krantz MOVED to TABLE this to a future meeting, SECONDED by
V/M Massaro.
VOTE: ALL VOTED AYE
- 10 -
2/8/84
/pm
30. Tamarac Town Square - Discussion and possible action to
approve the following:
a) Canal Maintenance Easement - Temp. Reso. #3016
b) Flo-Thru Drainage Easement - Temk.Reso. #3017
c) Water Utility Easement Deed - Temp. Reso. #3018
SYNOPSIS OF ACTION: RESOLUTION NO. R-84- PASSED.
a), b)-and c) APPROVED. RESOLUTION NO. R-84-3 EPASSED.
PASSED.
RESOLUTION NO. R-84-
a) Mr. Henning read the Resolution by title and V/M Massaro MOVED
APPROVAL of Temp. Reso. #3016, SECONDED by C/M Krantz.
ALL VOTED AYE
b) Mr. Henning read the Resolution by title and V/M Massaro MOVED
APPROVAL of Temp.Reso �_Reso. #3017, SECONDED by C/M Krantz.
vnTF-
ALL VOTED AYE
c) Mr. Henning read the Resolution by title and V/M Massaro MOVED
APPROVAL of Temp_. Reso. #3018, SECONDED by C/M Krantz.
►nlikz0
ALL VOTED AYE
33. Patio Homes at Fairmont - Model Sales Facility - Discussion
and possible action to renew a model sales permit.
SYNOPSIS OF ACTION: APPROVED for
6 months from 2/15/84 and to
expire on 8/15/84.
C/M Kravitz noted that there is an outstanding amount of $540.74
in guaranteed revenues due on this project and V/M Massaro said
this was paid this morning and she MOVED APPROVAL of the model
sales permit renewal for 6 months from 2/15/84 and to expire on
8/15/84, SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
8. Utilities West - Dome and Scrubber Unit - Discussion and
possible action.
SYNOPSIS OF ACTION: The Dome will be
purchased from Conservatek for $82,500,
the scrubber will be purchased from
E & A Environmental Consultants for
$62,500 with a contingency of 10% of
the cost.
The City Engineer said he and the City Attorney attended an
Environmental Quality Control Board meeting on Friday, 2/3/84, at
whichit was explained that the City was in the process of
evaluating and recommending bids or contracts for the installation
of a dome and air scrubber unit at the utility. In view of the
City Attorney and City Engineer's statements, and the concerns
expressed by some citizens who were there, the E.Q.C.B. continued
that hearing until 5/4/84. During that period, the City is to
show good faith in doing what they said they would do. He said
from that point, staff has now finalized the evaluation of the
submittals that we received from the dome manufacturers and
from the activated carbon. scrubbing unit manufacturers as well
as from a compost biofilter manufacturer.
Mr. Keating said the original bids received were for a combination
dome and carbon unit scrubbing unit facility.
2/8/84
/pm
Mr. Keating said those bids were approximately $366,000 and
$259,000, and as a result of continuing discussions, the compost
biofilter was evaluated and.the City has received a proposal for
the installation of this biofilter accompanied by a guarantee
from the engineer who designed it. He said it is guaranteed
by his professional liability insurance, that he will remove
98% of all the odorants that were tested and identified at
that facility. He said the cost of this biofilter has been
estimated at $62,500 installed. He said they separated the
cost for the domes that were received in the original proposals.
The low quote from Tem-Cor was $83,000 and the low quote from
Conservatek was $82,500. He said based on that data, it was his
recommendation that Council authorize a contract to Conservatek
for the installation of a dome as specified in proposals at
a cost of $82,500. He said he further recommends that Council
authorize a contract with E & A Environmental Consultants, Inc.
for the design and installation of a compost biofilter
scrubber unit for the amount of $62,500. He said the total
cost of this facility is then $145,000 compared to the previous
Tape low bid of approximately $259,000. He said this includes a
3 facility which he is fairly convinced is going to do the job.
Mr. Keating said this whole project has been fast -tracked and, as a result
of that, we should have a 10% contingency on this project for
unknown items that might come up. He said that would be an
additional amount of $14,500 that would still bring the total
project cost to $159,500, which is $100,000 less than the original
quotation. V/M Massaro asked if contingencies would be items
that the Engineering Department feels are necessary rather than
the contractors and Mr. Keating said yes, they might be additional
things that occur during construction that may be needed. He
said he has recommendations from the Consultants on the compost
biofilter and on the dome. He received a letter from Dr. George
Kirkpatrick of the University of Florida Agricultural Division
commenting on the viability of using compost for odor removal.
He said even though this is a novel approach to removing odors,
it has been used primarily in Europe and Canada and a couple of
installations in the U.S. He said it has been recognized that
the City will be on the forefront of technology regarding this
problem.
V/M Massaro asked for what length of time they have been used and
Mr. Keating said the installation in Canada has been.in operation
for over 3 years. V/M Massaro asked if Mr. Keating had checked
to determine that the operation is satisfactory there and Mr.
Keating said it has been determined that it was satisfactory
in those instances. V/M Massaro asked if that percentage meets
the approval of the E.Q.C.B. and Mr. Keating said it meets his
approval and that of the Consulting Engineers based on the measured
odorant. He said there was a testing laboratory there for a week
and, based on the quantities that were tested, if 98% of those
odors were removed, we will be very much below the threshold
level of odors for those materials. V/M Massaro asked if this
were discussed with the E.Q.C.B. for their approval and Mr.
Keating said they have discussed the compost filter and they
recognize the viability of it, however, they do not have experience
with it. E.Q.C.B.'s primary concern, he said, is that the City
remove the odors. The project will have to receive an E.Q.C.B.
permit which he will apply for immediately following authorization
by Council.
V/M Massaro asked if the permit should be obtained before an
order is actually placed and Mr. Keating said it should be
applied for before construction begins and he does not anticipate
any problems in this area. Mr. Henning said at the hearing he
attended with the City Engineer last week, virtually all of the
officials of E.Q.C.B. were there and there was no objection
from any of the people whether they be residents or officials.
All they heard from the officials was to move forward.
- 12 - 2/8/84
/pm
V/M Massaro MOVED that the City Manager be authorized to place
the order with Conservatek in the amount of $82,500 for the work
as outlined by the City Engineer and also to place the order with
E & A Environmental Consultants, Inc., in the amount of $62,500
for the work as indicated by the City Engineer and the City Manager
will determine if additional work is needed to complete this
program. SECONDED by C/M Kravitz.
Mr. Keating said the monies will be taken from the Tamarac Utilities
General Reserve Fund. C/M Kravitz questioned whether Mr. Keating
stated that this would be cleared up in 60 days and Mr. Keating
said the statement he made at that meeting last Friday was that
he believes if Council took action today, in 60 days we could
have an operational facility barring unforeseen problems.
Roseann Gogelt, Committeeperson for Edgewater Village, said she
was at the hearing last week and would like clarification about
whether the compost biological filter and a dome and scrubber
were the same. Mr. Keating said that is a scrubber unit called
compost biofilter. Ms. Gogelt asked what compost was and Mr.
Keating explained that compost is a material which results from
the mixing and biological reduction of sewage sludge and a carbon
material like wood chips. This material is currently being pre-
pared by the Broward County Traffic Department and will be
available to the City at an extremely low cost. They are
encouraging the City that future sludge disposal activities will
be by compost. The carbon system included. one with $15,000
worth of activating carbon and 'one with $30,000 worth
of activating carbon, which media would have to be replaced every
three years. The compost will be made by the City free of cost.
It is a biological media in that it contains the organisms which
create the compost from the mixture of sewage sludge and wood
chips. These organisms, as well as the media itself, activate
and reduce the sulfuric compound that is in the gas stream from
the tank. The operational cost for this system will be nil.
Alice Norian, Charter Board member, asked to what extent this is
a secure guarantee and for how long a time they will be responsible
for this. Mr. Keating said the guarantee is on the design of the
system, the design will function and do the job., and once the
installation is in place and he has shown his ability to remove
these odors, it will be up to the staff and the operations people
to operate it in a manner in which it will continue to function
properly, hopefully, forever.
VOTE: ALL, VOTED AYE
COMMUNITY DEVELOPMENT
35. Home Construction Warranty Bond — Temp. Reso. #3020 - Dis-
cussion and possible action to release a bond posted as a
warranty against defects for a home located at 7820 Banyan
Terrace.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-84- _ PASSED.
releasing a $1,500 cash bond.
Mr. Henning read the Resolution by title and V/M Massaro said there
is a recommendation from the Building Official to release the $1,500
cash bond and she so MOVED, SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
- 13 - 2/8/84
/pm
36. Demolition Bond Release Tem . Reso. #3021 - Discussion and
possible action to release a performance bond posted to
guarantee removal of all non -conforming encroachments in the
event of denial of a variance by the Board of Adjustment for
a home located at 6000 Umbrella Tree Lane.
SYNOPSIS OF ACTION: APPROVED.
RESOLUTION NO. R-84--Ye7/ �PASSED,
Mr. Henning read the Resolution by title and V/M Massaro said this
has been approved by the Board of Adjustment as well as the Building
Official and she MOVED APPROVAL, SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
37. Drainage_Improvements in the City - Discussion and possible
action on:
a) Authorization for Williams, Hatfield & Stoner, Inc., to
study, design and prepare bidding documents for drainage
corrections in Woodlands Section 8.
b) Reports.
SYNOPSIS OF ACTION: TABLED to the
next regular meeting for the City
Engineer to receive the necessary
information.
a) C/M Kravitz said he visited Section 8 and is aware of the problems
and he MOVED to authorize Williams, Hatfield & Stoner, Inc. to study,
design and prepare bidding documents for drainage corrections in the
Woodlands, Section 8. V/M Massaro said there are problems throughout
the Woodlands and perhaps it would be in order to authorize the
study but to bring a report to Council before anything more is done.
She said there are problems throughout Woodlands where the canals
have not been excavated to the proper width and it was realized
that the day would come when we are going to be required to study
whether or not that is necessary. She asked the City Engineer to
what extent Woodlands, Section 8 was any different than other
sections of the Woodlands. She said if this is an expensive program
than we might also have to look into the possibility of causing a
Special Assessment District whereby the Woodlands would have to
excavate their canals to the property lines.
V/M Massaro said it was recognized years ago that this might be
necessary and there are, in the files of the City, agreements with
certain property owners that if and when this was necessary they
would agree to excavate their property despite the fact that they
have been given approval to leave it as it was at that particular
time. She said their contention was that we had set a precedent
by not requiring others to do it but that if and when we required
others to do it in a full program, they would also be required to
do it. C/M Kravitz said his Motion was only to study, design and
prepare bidding documents and V/M Massaro said she would approve
the study but design can be costly and preparing bidding documents
should not be done until Council has a report as to what has to be
done there.
The City Engineer said there seems to be confusion as to the inclusion
of the word "study" in Williams, Hatfield & Stoner's proposal. He
said there is a proposal dated 1/13/84 with a supplement dated
1/23/84. He said the use of the word "study" in the 1/13/84 proposal
is not the full-blown study of the Woodlands but a general analysis
of Section 8 where the drainage problems exist to assure that what
is installed solves the problems. V/M Massaro asked if by resolving
the problem in Section 8 there might be a problem created somewhere
else because other areas in the Woodlands flood as well. She said
instead of concentrating on one particular area, they should consider
a survey of Woodlands in its entirety. The City Engineer said at
some point in time it may be desirable to consider a study of the
total development, however, their observations have shown that the
problems that exist are more unique to the individual area rather
than an example of what is happening in the Woodlands overall.
2/8/84
/pm
The City Engineer said no matter what extent of drainage is
installed, under a given intense storm, there will be flooding.
This particular area has more problems than any other area in
the Woodlands, he said. V/M Massaro asked when it was checked
and Mr. Keating said it has been observed by Public Works, the
Engineering Department as well as residents for 2 years. V/M
Massaro said they are talking about $5,500 and $750 and the City
Engineer said yes. He said'he does not recommend that Council
approve this proposal today since he is studying it further. He
said since it was agendized, a few questions have come up on the
work included in the proposal that must be answered by the
consulting engineers. He recommended Council Table this item to
the next regular meeting or until he can get the response from
those engineers. V/M Massaro MOVED to TABLE this item to the
next regular meeting so that the City Engineer may have all the
information needed, SECONDED by C/M Kravitz.
C/M Stelzer asked the City Engineer if this work were done and
the drainage problem in Section 8 was removed, would it harm any
neighboring areas and Mr. Keating said he does not think so. He
said he.does not want to minimize the importance of what is being
said because if enough individual projects are done in an area and
the canal systems are not sufficient, then a problem can be created.
C/M Stelzer said since this will not harru any:neighboring areas,
would the City be wasting money by doing Woodlands 8 and then
subsequently going into an overall production of getting all of
Woodlands cleaned up. Mr. Keating said we would be doing something
that would have to be done later anyway.
V/M Massaro said she would like to include in the report from
Williams,..Hatfield & Stoner their opinion that it would not create
a further problem down'the line from Section 8 and the City Engineer
said he was doubtful they would make that statement without studying
the whole area. V/M Massaro withdrew her request. The Assistant
City Clerk brought to Council's attention the fact that there was
a previous Motion on the floor for approval and C/M Kravitz withdrew
his Motion.
VOTE: ALL VOTED AYE
b) Reports - None.
29. Woodmont Tract 57 - Revised Site Plan - Temp. Reso. #3015 -
Discussion and possible action to approve a revised site plan
for entrance signs.
SYNOPSIS OF ACTION: APPROVED
subject to their being responsible
if there is a need to move the sign
or landscaping in the easement area.
RESOLUTION NO. R-84- " PASSED.
Mr. Henning read the Resolution by title and V/M Massaro asked
Kim Roberts, representative of Woodmont, if they were replacing 2
ground signs at the entrances to the subdivision or adding to them.
Mr. Roberts said they are adding to them, when the original site
plan was done they forgot to put the entrance signs on the site
plan. He said they have been approved by the Beautification
Committee and they have letters from all the utility companies
approving this. V/M Massaro said if there were a need to move the
sign or landscaping this expense would be at Mr. Robert's expense
and he agreed. She MOVED APPROVAL of Temp. Reso. #3015 subject to
their being responsible for any relocation of landscaping or the
sign if there be a need to dig in this area. SECONDED by C/M
Kravitz.
VOTE: ALL VOTED AYE
possible f NW6 1 St. - Cooperative A„reement - Discussion
. J e q
and _lmenof N.__._ T
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 7).
- 15 - 2/8/84
/pm
V/M Massaro said there is a problem at NW 61 St. and University
Dr. which is the area where a light is requested because of the
school being built by St. Malachy's Church. There is extensive
roadwork needed there and relocating the road on the east side
is needed and somewhat on the west side in order to bring it
closer to being parallel. She said it will not be parallel until
such time as the land on the southwest corner is dedicated to the
City but this will satisfy. the State DOT. She said there is a
meeting planned for the County Commission at 10:00 A.M. on Tuesday,
2/14/84 at the County Courthouse and Commissioner Craft has agendized
this item. She said the City is asking for a cooperative effort
with the County on the cost of the roadwork and light.
V/M Massaro said the City is asking that the County do the work
and we will pay for the material and for them to furnish the
traffic light and we would pay for the installation. She said
this requires City representation at that meeting and someone
must be authorized to do this. C/M Kravitz MOVED that Mayor
Falck have the right to appoint someone to appear before the County
on this item, SECONDED by V/M Massaro.
C/M Stelzer asked if we have to get approval from Council for the
expenditure for the light and realignment before the City makes an
agreement with the County and Mayor Falck said the City has to take
these steps. V/M Massaro said at that time the City would know how
much money is involved and what Council is being asked to approve
but at this point the amount is not known. She said this will come
back to Council to approve the expenditures.
VOTE: ALL VOTED AYE
Mayor Falck said for the record that V/M Massaro will be authorized
to continue her efforts on this and attend that meeting. The
City Manager suggested the City Engineer attend as well and V/M
Massaro said she would like the City Attorney to attend also.
Mayor Falck recessed the meeting to 1:30 P.M. for lunch.
- 16 - 2/8/84
/pm
Tape THE MEETING WAS CALLED TO ORDER AT 1:30 P.M. AND ALL WERE PRESENT.
4
COMMUNITY DEVELOPMENT
34. Isles of Tamarac -- Revised Site Plan -- Temp. Reso. #3013 -
Discussion an possible action to approve a revise site
plan for a sun shade at the tennis court.
SYNOPSIS OF ACTION: APPROVED.
Finance Department to determine
amount of money due and who is
responsible for guaranteed revenues.
RESOLUTION NO. R-84- V-2 �PASSED
City Attorney Jon Henning read the Resolution by title.
V/M Massaro stated that the Isles of Tamarac want to cut the side of
the tennis court so a concrete slab can be placed there with an
aluminum roof over it, to be used by persons who want to watch the
tennis players. She said this was approved by the Building Depart-
ment and she would MOVE to approve Temp. Reso. #3013. SECONDED
by C/M Krantz.
C/M Kravitz stated that there are guaranteed revenues due in the
amount of $1,171.80.
Mr. Milt Siegel, President of the Homeowners Association of Isles
of Tamarac, said he has no knowledge of the money due. He said
the Homeowners Association owns the property, and not the developer.
City Manager Stuurmans explained that the encumberance is on the
undeveloped lots, for which the developer is responsible.
V/M Massaro added to her MOTION that appropriate action be taken
on the unpaid balance, and that the Finance Department determine
who is responsible for the money due. The SECOND concurred.
►veyum
LEGAL AFFAIRS
ALL VOTED AYE
16. March Bond Issue - Status Report on the Public Presentation -
a Draft of the brochure
b) Update on slide presentation
c) Review of site plan for Site "B" on Commercial Boulevard
from Miller & Meier.
SYNOPSIS OF ACTION: a) and b) TABLED
to a reconvened meeting at the request
of the City Manager. c) Site plan for
Site B reviewed by Mr. -Greg Jones of
Miller & Meier.
a) and b) City Manager Stuurmans said the draft of the brochure
and the slide presentation are not yet ready to be presented to
Council and she would ask these items be tabled to a reconvened
meeting. C/M Kravitz SO MOVED. SECONDED by V/M Massaro.
VOTE:
ALL VOTED AYE
c) Mr. Greg Jones of Miller & Meier displayed a revised site plan
for Site B. An updated comparison of the two sites was distributed
to Council. Mr. Jones explained that the site plan was amended
after last Wednesdays. meeting. The Public Works Department
was removed and the parking facilities were spread out to better
utilize the site. The City Manager indicated on the site plan,
a shaded blue dotted line reflecting the existing Public Works
Building, with a notation that it will be removed from the site.
--17- 2/8/84
/rb
Mr. Jones said that Miller & Meier feel they could design a good
municipal complex on either site. However, in a comparison of the
pros and cons of the two sites, it is believed to be to the City's
financial advantage to select Site A. In addition, architecturally,
Miller & Meier feel that Site A would provide a better building
environment for the municipal complex.
V/M Massaro asked how many parking spaces there would be on Site B;
and the City Manager said it is indicated there will be 142 park-
ing spaces for City Hall, 36 spaces for visitors and 80 spaces
for the Police parking. She explained that because of the change
in configuration, the impound area of the Police Department will
be to the east of City Hall.
V/M Massaro inquired about the number of parking spaces on the
current City Hall site; and Mrs. Stuurmans said she does not
have the exact figure, but it is reflected in the Miller & Meier
study which was distributed to Council. She explained that at
the Workshop meeting last week, Mr. Conrad Kwok had indicated
there would be the same number of parking spaces on both sites,
and this is in excess of the current City Hall parking facilities.
The Vice Mayor said the present situation at City Hall is very
bad and when expansion is considered, it is important to provide
adequate parking facilties.
Mr. Jones mentioned that the original study showed
approximately 40 parking spaces short for the employees
at the present City Hall. This was taken into consideration
and there are approximately 320 spaces provided in the new
municipal complex.
Mr. Jones stated that Site B has good accessibility on both
Commercial Boulevard and 57 Street and there is also high
visibility at that point. However, there would be a problem
to enter and exit the site because of the heavy traffic that
exists. In addition, the design of the site is limited because
of the City's requirements. He said also, that there would be
a big distance from one building to the other. Since Site B
is located on the outskirts of the City, there would not be
as good an access to other parts of the City for the Police Depart-
ment as there would be from the 88 Avenue site. He said in
addition to that, the Public Works building would have to be
removed prior to the start of construction.
As for Site A, Mr. Jones explained that there is more land avail-
able on this site,which would provide for additional parking
spaces that could be intermingled and not directly off the street.
He said funding could be provided toward building on Site A by
selling Site B. Also, Site A is located in the center of the
City and would offer better access for the Fire and Police Departments.
C/M Stelzer asked whether the City would have to go to referendum
to buy property for a Public Works building before anything further
is accomplished; and City Attorney Henning said the Public Works
building would have to be removed before construction begins and
the City would have to go to referendum.
C/M Stelzer asked whether the City would have to go to referendum
immediately if the voters select Site B;and Mrs. Stuurmans said
that the cost would have to be explored, after which an examination
would be made of the possible land sites for the Public Works building.
C/M Stelzer commented that if the voters select Site B, nothing
further could be done until provisions are made to remove the
Public Works building; and the Vice Mayor said that is correct.
She said the City would first have to locate an available site,
after which the costs would need to be determined and then the
City would go to referendum and inform the public of the cost
so they can approve or disapprove this.
-18- 2/8/84
/rb
C/M Stelzer pointed out that if the public selects Site B
and the City goes to referendum for a new public Works building
and the public does not approve it, nothing further could be done.
Mr. Sydney Stein, resident, said it would be more advisable
to remove the Public Works building from the site, but there
is an alternate plan for the Public Works building to remain
on the site.
V/M Massaro said the alternate plan is not good as it has been
determined that if the Police Department were anywhere dxcept on the
corner, they would be in a very difficult position in emergency
situations as far as access is concerned.
City Manager Sturmanns said the site plan displayed will, be the
one that is used to present to the public.
C/M Kravitz said Page 2 of the comparison studyindicates that
Miller & Meier feel they could design a good municipal complex
on either site, but it would be to Tamarac`s financial advantage
to build the complex on Site A. He said he would like some
clarification of this statement.
Mr. Jones said he is referring to selling Site B and using the
monies toward building on Site A.
C/M Kravitz asked whether it is the recommendation of Miller & Meier
that Site B should be sold.
City Attorney Henning said that Miller & Meier are saying if
Site B is sold, then the money could be put into Site A.
Mr. John Lachmann, resident, asked how many parking spaces there
will be for the Boards and Committees of the City.
Mr. Tones said there are 36 visitor parking spaces in front of
City Hall.
Mr. Lachmann asked whether those spaces would include the Boards
and Committees; and the Mayor said the Council will make that
decision.
City Attorney Henning said since the current City Hall has.reserved
parking for Board members, the Council will decide whether
those spaces are to be included in the visitors parking area
or in the rear employees parking area.
Mr. Jones said there are 142 parking spaces for employees and
36 for visitors and Council can decide at a later date whether
the visitors parking should be at the front or on the side of the site.
Ms. Alice Norian, resident, said there is a total of 358 parking
spaces in the complex, in addition to provisions for future parking
facilities. She said if needed, the future parking area can be
paved and utilized.
C/M Stelzer said the City has not brought this to the attention of
the residents of Section 12; and the Vice Mayor said that is
the purpose of the referendum.
Mr. Ray Munitz, resident,asked how the square footage in the
buildings of Site B compares with the square footage in Site A;
and Mr. Jones said the square footage is the same Pn both sites.
He said these are conceptual site plans and actually, the buildings
might not look as they do in the plans, but the square footage on
Site A and Site B would be the.same.
-19-- 2/8/84
/rh
Mr. Munitz said when everything is considered, it is obvious
that Site A would be the preferred location.
Mayor Falck said the figures presented to Council yesterday
indicated the traffic pattern on Pine Island Road going west is 4,500
trips, . and they expect it to increase to 26,000 within the
next ten years once the Saw Grass Expressway opens.
Mr. Munitz said the road to the Sunrise Musical Theater has
very heavy traffic when there is a show at the theater.
C/M Kravitz said the same situation exists at the Tamarac Jewish
Center.
Mr. Morton Student, resident, said he feels the Public Works
building should be moved. Ile said that also, additional
parking spaces are needed.
City Attorney Henning said the plan displayed shows the
photographs which will be used in the slide presentation.
City Manager Stuurmans said the Miller & Meier study_ showed three
concept plans, and this is'bihe of the concepts. She said the
public must be made to understand that it is a concept.
Mayor Falck said that as far as Council is concerned, the City
Manager can proceed with the slide presentation.
PUBLIC HEARINGS
23. Sutter Office/Retail Complex - Petition #25-2-83 -- Temp.
Reso. #3012 -- Discussion and possible action to grant a
limited waiver to the requirements of Section 18 of the
Code to allow all ninety degree parking at the proposed addi-
tional parking lot for this complex, a/k/a Village Square, on
lands adjoining their complex and located at the northeast
corner of NW 61 Street and NW 77 Way.
SYNOPSIS OF ACTION: Public. Hearing RESOLUTION NO. R-84 ��PASSED
held. APPROVED for use by employees
only.
City Attorney Jon Henning read the Resolution by title.
Mr. Michael Ambrose, representing Village Square/Sutter Commercial
Complex, said permission is , requested for right angle
parking in an auxiliary parking area to Village Square at the old
Casa de Bambine tract, which is immediately west of the Fish Bowl.
Mr. Ambrose stated the owners of the Village Square complex initially
came before Council and a site plan was approved. This auxiliary
tract was not a part of that site plan. The original plan was for the
parking requirements based upon the survey made which
indicated the needs for office space would be met by the plan
presented to Council. He said after construction was started and
tenants were actively pursued, it was found the people who come
before them were of a professional nature and require parking
space of one space per 125 or 150 square feet. The
result is that to guarantee the complete rental of the office complex
and meeting the demands of people in the marketplace,
additional parking is required.
Mr. Ambrose said that anticipating medical offices as well as
other offices requiring 150 square feet per space and restaurants
requiring 125 square feet per space, to optimize the use of the
structure, a number of spaces are required which could be'
realized only by haying -right angle parking.
-20- 2/8/84
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V/M Massaro said if angle parking is permitted, the plan would
accommodate one restaurant in addition to the other type of
rentals that are anticipated. She said she would have no
objection to the 90 degree parking if it were used for
employees only. However, if it is intended the area be used
for the general public, she would object to it.
The Vice Mayor said at least 50% of this parking area is
required for employees and if there are vacant spaces and
the general, area is overflowed, the public will use
those spaces. I She said there would have to be a sign
placed there, stating "For Employees Only". If they object
to this sign, the Vice Mayor said she would suggest they not
be permitted to have 90 degree parking.
V/M Massaro said it is anticipated to build a big cocktail
lounge there, to which there are strong objections from the
people in the area, as well as from the church across the
street. The Vice Mayor said she does not feel the Council
should approve something which would accommodate that type of
facility.
Mr. Ambrose said this was mentioned by a member of the
Planning _ Board last week and the petitioner agreed to that
suggestion. The owners are fully in accord with the request..
The public hearing was opened and closed.
City Attorney Henning said he would suggest an amendment
be made to this Resolution in Section 1, Line 21. After the
word "approve" the words "authorizing 90 degree parking"
could be added, if Council wishes, and then possibly the
language, "designated for employees".
V/M Massaro said there is to be proper signage, as requested
by the Planner. She said the area should be designated as
the area formerly known as the Casa de Bambine tract.
City Planner. Richard Rubin stated the application was for
Casa de Bambine.
V/M Massaro MOVED that the ninety degree parking on the site
known as Casa de Bambine be approved subject to the site being
used and signage placed as per requirements of the City Planner,
to state "For Employees Only". This would approve Temp. Reso. #3012
as Amended. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
24. Florida Power & Light Company - Petition #2-Z-84 - Temp.
Ord. #1087 - Discussion and possible action to rezone lands
on the north side of Southgate Boulevard, approximately
1,200 feet east of NW 88 Avenue, from S-1 (Open Space/
Recreational) to R-lB (One -Family Dwelling), to be limited
to utility substation purposes only. First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
SYNOPSIS OF ACTION: a) ACCEPTED Affidavits.
b) Public Hearing held. APPROVED as
Amended on First Reading.
a) V/M Massaro MOVED the acceptance of the Affidavits
of Publication, Mailing and Posting. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
--21- 2/8/84
/rb
b) City Attorney Jon Henning read the Ordinance by title.
The public hearing was opened.
Mr. John Lachmann, resident, asked if this property was platted
in Palm Beach County; and the City Attorney said it was platted
over fifty years ago and at that time Broward County was made up
of Dade and Palm Beach County.
Mr. Morton Student, resident,said he feels the language
"to be limited to utility substation purpose only" should be
stricken from line 24.
Mr. Buzz Eddy, representing the Commission of the City of Coral
Springs, stated he is present today to provide Council with a
Resolution that was recently passed by the Commission. He said
copies of this Resolution were sent to the Council and the
Planning Commission.
Mr. Eddy said the Commission of the City of Coral Springs
is opposed to the location of the substation for the reasons
which were outlined. in the Resolution., namely because of the perceived
threat to the residents of the area as a health hazard emanating
from the substation,and because of a perception by the residents
that the aesthetics of the area will be harmed and that the property
value of their homes might be hurt by the substation. He said
last night the City Commission discussed the substation and
directed him to attend the public hearing today on this matter
to provide the City of Tamarac with the Resolution.
Mr. Eddy said the City Commission of Coral Springs plans to discuss
this issue with the Broward County Planning Commission. The
Commission further requested if Tamarac approves this location,
that consideration be given to the landscaping along the northern
side of the parcel, so the substation will not be visible from
the homes on the other side of the C-14 canal in Coral Springs.
V/M Massaro said the 'landscaping on all sides of the substation
will be carefully reviewed. She said as far as the location of
the substation is concerned, she is wondering whether there is
a location in Coral Springs that Mr. Eddy could recommend.
Mr. Eddy said he does not have a recommendation for the substation
and his purpose in appearing before Council today is to bring
the objections of the people of Coral Springs to the City of Tamarac.
Mr. Rubin said that Mr. Eddv can report to the Coral Springs
residents that the City of Tamarac has met with Florida
Power & Light representatives and they have agreed to place a
row of mahogany trees along the northern boundary of the substation
which will grow very quickly and form a solid wall.
The Vice Mayor said if the substation is approved, the City will
be looking at the landscaping on the north side to see that it
is o€'sufficient size to serve. the same purpose for the people of
Coral Springs. as it would for the.people of the City of Tamarac.
Mr. Lou Vladem, resident, said the residents of Woodmont were
concerned as the proposed substation was closest to their property.
However, since the experts foundho health hazard
involved, the residents of Woodmont agreed to have the substation
constructed on the other side of the road.
Mr. Larry Bender, resident, said he would like to address the
statement made by Mr. Eddy concerning the possible health hazard
or threat to the citizens of Coral Springs. He said he has
examined the area of the proposed substation and found it will
be at least 800 or 900 feet away from the closest home, and there
is no existing health hazard as a result of the substation. He
said he can provide the documentation to support these findings.
-22- 2/8/84
/rb
The public hearing was closed.
VIM Massaro MOVED the adoption of Temp. Ord. #1087 as amended,
on First Reading, rezoning the land on the north side of
Southgate Boulevard, which will be approximately 1,200 feet
east of NW 88 Avenue, from S-1 to R-lB, to be limited to utility
substation purposes only.
VIM Massaro said the rezoning application for the south side
of Southgate Boulevard has been made today, and Florida Power &
Light have applied for the rezoning from A-1 to R--3.
The Motion was SECONDED by C/M Kravitz.
Tape Mr. Tim Taylor, representing Florida Power & Light Company,
5 said the application was submitted this morning, and erroneously
R-3U was indicated. The correct request is for R-3 and the
correction was made on the copies of the application.
VOTE: ALL VOTED AYE
25. Land Use Plan Amendment -- Temp. Ord. #1088 - Discussion
and possible action to change the Land Use designation for
a parcel of land 700-feet in width by 180-feet in depth,
located 1,200 feet east of the northeast corner of NW 88
Avenue and Southgate Boulevard, lying between Southgate
Boulevard and the C-14 Canal from Public -Private Recreation/
Open Space to Utility, in order to permit an electrical
utility substation. First Reading.
SYNOPSIS OF ACTION: Public Hearing held.
APPROVED on First Reading.
City Attorney Jon Henning read the Ordinance by title.
V/M Massaro asked whether Council will act on the Land Use Amendment
before the Second Reading of the Ordinance; and Mr. Henning said
the Ordinance would require two readings.
Mr. Richard Rubin, City Planner, said that technically Council
should accept the change in the Land Use Plan before it is agreed
to rezone the property. He said that Council will be amending
the local Land Use Plan with the change from Parks & Recreation
as it is today, to Utility Purposes. He said this is proper,
but before the rezoning is completed, the Broward County
Planning Council must agree to the recertification of the
Land Use Plan showing this site as Utility.Therefore, the City
will be told to hold public hearings on the Land Use Plan
and it will be stated.this will become
effective upon recertification by the Broward County Planning
Council.
Mr. Rubin said it will probably take two to three months before
this application comes before the Broward County Planning Council
for recertification. Technically, the ._City
has completed their part out it is contingent upon. the
Planning Council of the County to recertify the Land Use Plan.
C/M Stelzer asked whether the Second Reading of this Ordinance
can be held;, and Mr. Rubin stated the Second Reading
can be held as the wording of the Ordinance states that the.rezoning
becomes effective upon recertification by the Planning Council.
He said the Land Use Plan and the Rezoning can move forward,
recognizing the fact that the County has a part in it.
The public hearing was opened and closed.
VIM Massaro MOVED the adoption of Temp. Ord. #1088 on First Reading
adopting an,amendment tdo Tamarac's Land Use Plan. SECONDED
by.C/M Kravitz.
VOTE:
ALL VOTED AYE
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COMMUNITY DEVELOPMENT
26. Florida Power & Light Company - Discussion and possible
action'on:
a) Authorization for the appropriate City officials to
execute a Contract for Purchase and Sale of City -owned
lands on the north side of Southgate Boulevard approxi-
mately 1,200 feet east of NW 88 Avenue for an electrical
utility substation - Temp. Reso. #3022.
b) Developers Agreement
SYNOPSIS OF ACTION: a) TABLED to Second
Reading of Item #24. b) TABLED until a)
portion is considered.
a) City Attorney Henning suggested this item be tabled to the
Second Reading of Item 424, so that the final language can be
prepared.
C/M Kravitz MOVED to table this item to the Second Reading of
Item #24. SECONDED by C/M Krantz.
C/M Stelzer asked whether Item #26 will be resolved before the
Second Reading of Item #24; and Mr. Henning said these items
should be heard at the same meeting, but Item #26 should be
heard before Item #24.
VOTE:
ALL VOTED AYE
b) V/M Massaro requested that Mr. Tim Taylor include in the
Developers Agreement, a provision for a 5-foot sidewalk from the
south side of the canal on 88 Avenue to Southgate Boulevard,
running east to University Drive. Also, the area from 88 Avenue
for a distance of 1,200 feet to the west .location of the substation,
is to be graded and sodded with Bahia grass. The area at 88
Avenue which will become one of the:entrances to Tamarac is to
be landscaped according to the sketch presented by Florida
Power & Light Co. and the material be such that after the
original watering and planting takes root, it will be of the
type that will be approved by the Council and the City Planner
and will be a hearty type that will endure without a sprinkler
system.
The Vice Mayor said if these provisions are included in the
Developers Agreement, along with any other necessary items,
she feels there will be no problem.
V/A1 Massaro said it will be required that the 700-foot portion
which the substation will occupy would temporarily be in asphalt
during construction because ultimately, instead of the normal
4-inch sidewalk required for walking purposes, a 6-inch sidewalk
will be installed by Florida Power & Light, which will accommodate
the trucks used by Florida Power & Light Co. She said this
is a requirement of the Ordinance;
and the City is asking for the 4-inch sidewalk for the balance of
the area so children who go to school will have a place to walk
without walking through the construction.
Mr. Taylor said the sidewalk in front of the substation will be
of six-inch concrete. However, he would request this be tabled
until the actual contract comes up and meanwhile he can
prepare all his facts and figures.
The Vice Mayor said she would expect this to be done, but she
is calling this to the attention of Florida Power & Light Company
so that when an agreement is prepared, 'this provision will be
included.
C/M Stelzer asked whether the sidewalk would be south of the
property or south of the canal as he is wondering whether it
is a sidewalk or a bike path along the canal; and the Vice Mayor
said it is a sidewalk adjacent to Southgate Boulevard, which is
south of the substation.
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C/M Stelzer said at the present time, there is a dirt path
running south of the canal. Ile asked whether the asphalt
sidewalk will be there or alongside Southgate Boulevard.
C/M Krantz stated it will be
Boulevard.
C/M Stelzer said in that case,
of the substation and will
run from University Drive up to
Boulevard. The Vice Mayor said
on the north side of Southgate
the sidewalk will be south
88 Avenue, alongside Southgate
that is correct.
V/M Massaro said she thinks the poles are all far enough from
the curbing to accommodate the five-foot sidewalk that is
necessary. If they are not far enough from the curbing, it would
be the responsibility of Florida Power & Light to relocate the
poles.
C/M Krantz said the poles are more than five feet from the curbing.
Mr. Taylor said they are seven feet from the curbing.
C/M Kravitz said under.the,circumstances, he would MOVE to table
Item b) until Item a) is considered. SECONDED by V/M Massaro.
VOTE:
ALL VOTED AYE
27. Sutter Commercial Building - Discussion and possible action
to approve:
a) Temp. Reso. #3014 - Site plan for the parking lot
(located at the northeast corner of NW 61 Street and
NW 77 way.
b) Landscape plan
SYNOPSIS OF ACTION: a) APPROVED with RESOLUTION NO. R-84-PASSED
conditions_;_ b) Agendized by Consent on
Page 1. APPROVED with conditions.
City Attorney Jon Henning read the Resolution by title.
Mr. Michael Ambrose, representing Village Square/Sutter Commercial
Building, stated that a site plan has been presented for final
approval of the parking lot on the Casa de Bambine tract to permit
thirty spaces for right angle parking to complement the parking
which was previously approved in the site plan for Village Square.
Mr. Ambrose said this plan has been before Planning and zoning
and he has met with the City staff on several occasions. Fie said
Sutter Commercial Building has complied with the requests of
staff regarding the radii of the entrance and exit to the parking
area, and the sidewalks on the south side along 61 Street.
V/M Massaro said in view of the fact that Council had approved
the 90 degree parking for the Casa de Bambine tract, she would
MOVE the adoption of Temp. Reso. #3014, approving the revised
site plan and development order, with the indication that the
location of the employees parking have the proper signage, as
requested in the waiver that was granted for 90 degree parking,
that it be for employees only. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
b) Mr. Ambrose said the revisions that were requested by staff
have been made.
V/M Massaro said the beautification plan appears to meet the re-
quirements of the Code. She said a sign must be ten feet from all
right -of --way lines, a hedge placed on a 24-inch berm, and be
approved by the Beautification Committee, and she would MOVE to
approve the beautification plan with these conditions. SECONDED
by C/M Kravitz.
VOTF.
ALL VOTED AYE
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LEGAL AFFAIRS
Consumers Federation Vs. City of Tamarac - Status report,
and discussion and possible action.
SYNOPSIS OF ACTION: City Attorney reported on
proposed amended Ordinance, which will be
presented at court hearing on 2/17/84, after
which it would return to Council for First
Readineq.
City Attorney Jon Henning stated that he distributed to Council,
a memorandum received from Miss Chris Carsky of Alan Ruf's
office, as an update obi the Florida Consumers Federation law
suit against the City of Tamarac. Fie said this is in the
Federal Court, in which there is an attempt to enlarge the
statute solicitation hours in the City of Tamarac.
Mr. Henning said before the lawsuit started, Council had
elected to have a 4:00 P.M. deadline for door-to-door solicitation.
When the City became aware there was pending litigation, the
Ordinance was amended to 6:00 P.M.
The City Attorney stated that Chris Carsky has advised
that the City of Sunrise has settled the law suit with the
plaintiffs. He said the last pages of the memorandum
distributed to Council consist of a Consent Decree between the
plaintiff and the City of Sunrise,and Sunrise has agreed to
pay attorneys fees and court costs of $1,250.00. Mr. Henning
said the last offer received by Tamarac for settlement was
$750.00. Sunrise has negotiated an8:00 P.M. until May 1, 1984
deadline and after May 1, 1984, it will be one-half hour after
sunset, which,depending upon Daylight Savings Time, may or may not be
as late as 8:00 P.M.
Mr. Henning said much of the case seems to be tied into sunlight
and daylight and it seems that sundown is an hour or time that 'can
be obtained from almanacs, weather reports and other places;
and the Ordinances that are standing up to court scrutiny are
tied into sundown. He said it is actually considered night time
one-half hour after sundown and the Sunrise Ordinance
is tied into sunset.
City Attorney Henning said the City is continuing to fight,
and there will be another hearing and pre-trial
conference on February 17, 1984 before the Federal judge.
An attempt is being made to differentiate Tamarac from other
cities. The City does permit solicitation seven days a week
and a lot of the other Cities do not permit it on Sundays.
In addition, Tamarac has a unique population as many of the
residents are retired and available during the day time hours
and can be reached at home.
Mr. Henning said a compromise was offered to allow solicitation
for later hours, to 8:00 or 9:00 P.M. in shopping centers such
as at a Publix or Eckerds, or a restaurant where people will
be out and about and can be approached at places of that type
which some of the communities allow. The City Attorney said
this business location idea has been turned down as a compromise
also.
The City Attorney said an Ordinance has been prepared which
contains an amendment to Paragraph B of Section 22-8.1. Instead
of saying 6:00 P.M., it says 9:00 A.M. to one half hour after
sunset as that is the type of Ordinance that would be required
for settlement.
C/M Kravitz inquired about whether Plantation has settled
the case; and Mr. Henning said they are still in the lawsuit.
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V.
C/M Kravitz asked whether Plantation has a defense which differs
from Tamarac's defense; and Mr. Henning said he is not sure
whether Plantation is being attacked on the same grounds as the
City of 'Tamarac. He said some Cities are being attacked for
registration reasons and the primary point of the case against
Tamarac is hours of solicitation.
Mayor Falck said he feels the fact that Sunrise has settled the
case has lessened Tamarac's chances. Fie said he does not know
what the situation is as relates to Plantation, but he feels
Tamarac's case has deteriorated as a result of Sunrise
buying out. The Mayor said it would be his recommendation that
the City try to pursue settlement. He feels the City can live
with the half hour after sundown and he would suggest the
words "local._ time" be added after the language, "one half hour
after sunset". lie said if the City can buy out with this modification
as well as with a reasonable assessment, he would be in favor of
doing it.
City Attorney Henning said he would suggest that rather than
acting upon the Ordinance today, if the Council agrees with
the proposed Ordinance, it can be taken to the hearing, or before
the hearing, on February 17, 1984 and if it satisfies them,
perhaps it would be appropriate to enact the Ordinance. If
it does not satisfy them, Council would not want to pass the
Ordinance. He said,in addition, perhaps Council would want
to eliminate Saturdays and Sundays from the solicitation hours.
Mayor Falck said he would allow the Ordinance to remain as is
and would make the concession which was proposed regarding the
hours; and The Vice Mayor said she would agree to that.
C/M Stelzer said the words "local time" do not apply in this
instance because solicitation will be permitted one half hour
after sunset, regardless of whether it is Daylight Savings Time
or Standard Time.
City Attorney Henning said the drivers license restrictions define
"night" and "day" as one-half before sunrise to one-half hour
after sunset, and a person with a restricted license can still
drive until one --half hour after sunset. He explained this is
where the law picked up that type of explanation.
Mayor Falck said he would feel more comfortable if the words
"local time" were in the Ordinance, whether it is appropriate or not.
Mr. Henning said it is his understanding that Council is not
against the proposed Ordinance and feels it is a way out; and
he will offer that to the opposition. If they go along with
it and the costs can be kept down to the amount Sunrise paid,
he will return to Council for approval and the Ordinance can
have the First Reading.
Mayor Falck said he would go along with that; and all the
Councilmembers agreed.
a• a• 0tv
38. City Council Reports
C/M Stelzer reported that he has completed arrangements for the
various golf courses to provide the City with the necessary
easements for the wastewater treatment facility.
C/M Stelzer reported that the Medilog bracelet program is pro-
gressing and orders have been received to date for 180 bracelets.
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C/M Krantz -- No report
C/M Kravitz reported that a meeting of the Parks and Recreation
Committee was held on Monday night, and a report was sub-
mitted to Council on the recommendations of the Committee.
He said a Workshop meeting is scheduled for
February 16, 1984 and the Committee will answer any questions
raised by Council before then.
V/M Massaro - No report.
Mayor Falck reported that the County expects to take over the
potable water supply. He said the League of Cities is opposed
to this and has suggested the various municipalities pass
Resolutions in opposition of it. Some of the Cities have
already done that, but the Mayor said he feels Tamarac's
Resolution should not be presented until after the next League
meeting which will be held on February 17, 1984.
Mayor Falck said that he has been nominated as representative
of the District which includes Tamarac, Margate, North Lauderdale,
Plantation, Lauderhill and one other city. He said if elected,
he will propose more aggressive action be taken in an attempt
to resolve the potable water problem. He said some of the
municipalties are prepared to go to Court on this, and lie will
report„to Council in a month to six weeks as to whether this
will require additional litigation.
V/M Massaro suggested the Citv Attornev research
the rights that had been given to Broward County by the legislature
back in 1971 or 1972, because at that time they were given rights
that were equal to a metro government. The Vice Mayor said she
feels in order for this matter to be properly challenged, the
CQuntv'_s rights should be determined.
Mayor Falck said one of the things brought to the attention of
the League representatives and the municipalities, was that
when the County Charter was adopted, anything happening right
-now was given to the County and under the Charter, they have
the right to do exactly what they are doing.
The Vice Mayor said she thinks the, legislature gave the County
certain rights before the Charter was adopted. Mayor Falck
said that is correct, but when the Charter was adopted, it
clarified and broadened whatever it was that the legislature
had previously given to the County.
V/M Massaro said she feels a lot of research must be done on
this and there is not much time for it to be accomplished as
a Resolution should be prepared and presented at the meeting.
Mayor Falck said he would agree with that.
Mayor Falck reported that the City has received $4,255.00, for which
Tamarac qualified under workers compensation, in addition to the
dividend that was received. He said this amount was received
under the administrative savings program which was instituted
by the League.
39. City Manager ke ort -- No report
40. Citz Attorne Report - Mr._Henninq reported that.he will attend
the League of Cities eglslative meeting in Tallahassee tomorrow
and Friday. He said the City Attorney's session will be
held at that time. Alan Ruf will be at City Hall on Friday
since there is a Charter Board meeting scheduled for the morning
and a Workshop meeting in the afternoon concerning the recreational
facility at Tamarac Park.
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Mr. Henning reported that on February 16, 1984, the first
Public Hearing will take place at 3:00 F.M. in the County
Courthouse on the Lauderdale Lakes petition to annex the
Headway Office Park.
The City Attorney said he will research the law on enclaves
and put together a presentation for the meeting.
V/M Massaro asked whether the legislatures should take
cognizance of the enclaves; and Mr. Henning said they
should and he had provided a map at the last meeting. He
said from what he understands, the delegation will be care-
fully looking at the votes of the nearby members, such as
Senator Weinstein, Representatives Deutsch and Titone, and
Representative Clark of Lauderdale Lakes.
V/M Massaro suggested the City Attorney send a memorandum
to Council providing all the information about the enclaves,
so that Councilmembers will be in a better position to dis-
cuss this with the legislatures.
Mr. Henning said he has already contacted the County Court-
house requesting the backup which was distributed as well as
a copy of the agenda, and this should be received by Monday
at the latest.
Mayor Falck commented that when an owner of property elects
to go in one direction, it is pretty difficult for the
legislatures to deny the person the right.
City Attorney Henning said that is correct, but if Lauderdale
Lakes is asked the question, they will say the owner has gone
with them. If the owners are asked, they will say they have
not yet �imade up their minds.
Mayor Falck said when he left the last meeting, he was not too
optimistic. He said as far as the enclaves are concerned,
he had reported to Council at either the last meeting or the
one before that, about the input he had provided at the hearing in
Tallahassee on the need for redefining the enclaves because
it left so much to chance that he feels nobody knew what was
intended, including the legislatures.
Mr. Henning mentioned that this will be the first public hearing
and maybe there will be more of a turnout than there was
at the last meeting.
V/M Massaro asked whether there is a point of law which relates
to the enclaves; and the City Attorney said he is continuing
to research the matter.
The Mayor said the enclaves, as defined in the law, are so
vague that this is open to many different interpretations..
He said this was one of the points made at the meeting. In
addition, input was provided requesting this be defined so
it would be specifically understood.
City Attorney Henning reported that he received many phone
calls from Attorney Paul Young who is representing the Bishop
Tracts. He said Mr. Young is anxious to finalize this and
has asked that Dick Rubin get together with their Planner to
discuss recreational fees. Mr. Henning suggested this item
be considered by Council at a special meeting following the
Workshop scheduled for Thursday, February 16, 1984, in order
to finalize the agreement.
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COMMUNITY DEVELOPMENT
31. Lakeside Apartments - Tem . Reso. #3019 -- Discussion
and possible action to approve a Declaration of
Covenants and Conditions concerning dumpster locations
and utility lines.
SYNOPSIS OF ACTION: APPROVED
RESOLUTION NO. R-84-PASSED
City Attorney Jon Henning read the Resolution by title. He
said the petitioner has today presented a fully executed
copy of the document and as mentioned at the Workshop meeting,
the dumpsters were located at a particular location on the site
plan. At the site plan review, there was a request to move
the dumpsters and they were moved at Council's request to
designated locations. Mr. Henning explained that the utility
easement and location of the utility lines were not indicated
on the site plan; and consequently, the new location was on
top of the lines.
Mr. Henning said the document which will be recorded states
that if for any reason, there is need to service the lines,
the dumpsters and the enclosures will be removed and the
concrete paths will be demolished at the expense of the developer
and replaced by.the developer after service. He said this is
rental property and the owner will bear the expense. Mr.
Henning said they have been very cooperative in this matter
and he does not foresee any problems.
V/M Massaro said provision was not made in the document to
Clive the developer notice regarding the removal. She said she
feels the agreement should include that ten days notice be given
since the City would not tear anything down without giving
the developer the opportunity to do so. The Vice Mayor said
she feels ten days notice would be appropriate, and then if
the work is not done, the City could go in and do it.
City Attorney Henning mentioned there is also a possibility
of an emergency in the utility line or force main; and
V/M Massaro said the document should mention that as well.
Mr. Dave Hardin, representing the developer, said the owner
would accept this notice provision in a letter from the City.
He stated for the record, that the developer will be
responsible for payment of the work in the event it is
necessary.
Mayor Falck said he feels it would be appropriate to provide
the developer with the letter requested; and the City
Attorney said he will prepare the letter, as discussed by
Council today.
V/M Massaro MOVED the adoption of Temp. Reso. #3019, and that
the City Attorney prepare a letter,. and the applicant agrees
to the sub)ect of the letter, which will state that the owner
is to be given ten days notice if the City needs to take up
this portion of the easement. Failure of the owner to act
within the specified time, the City is authorized to do the
work and charge the owner. In case of an emergency, the City
is authorized to do the work, for which the applicant agrees
to bear the costs. Replacement must be done by the owner or
the City will do the work, for which the owner will be charged.
SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
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32. Lakes of Carriage Hills - Discussion and possible action on:
a Revised site plan for the model sales area to reflect
a temporary drive at Sabal Palm Boulevard East and side-
walks - Temp. Reso. #2999.
b) Declaration of Protective Covenants and Restrictions -
Temp. Reso. #2997.
c) Sidewalk Easement - Temp. Reso. #2998.
d) Renewal of a model sales permit for a facility located
at 6180 Rock Island Road.
e) Rezoning Petition #3-Z-82 to rezone lands at the northeast
corner of Rock Island Road and Sabal Palm Boulevard East,
extending north toward Bailey Road approximately 155-feet
and eastward approximately 435-feet, from S-1 (Open Space/
Recreational) to B-1 (Neighborhood Business) by Temp. Ord.
#1081 (Public Hearing held 1/25/84) (tabled from 1 30 8 .
SYNOPSIS OF ACTION: a), b), c),
d an e TABLED to reconvened
meeting of Wednesday, 2/15/84.
a) V/M Massaro said this agreement was delivered to the City
late yesterday and there has not been sufficient time to
review it,and she would request it be held for a reconvened meeting.
She explained that a meeting was held a few days ago between the
applicant and the City and an agreement was reached. She said
if Council approves the agreement, it would be expected th,p:.
applicant pay the $100,000.00 either before or at the
same time Council takes action on this item.
Mayor Falck said he would agree to set the time for this item
to be heard at 9:00 A.M. on Wednesday, February 15, as well
as any other items that have not been heard, today.
V/M Massaro MOVED to table a), b), c), d) and e) to the
reconvened meeting of Wednesday, February 15 at 9:00 A.M.
SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
THE MEETING WAS RECESSED AT 3:30 P.M. TO BE RECONVENED ON
WEDNESDAY, FEBRUARY 15, 1984 AT 9:00 A.M.
YOR
ATTEST:
ASSISTA14T CITY CILERK
This public document was promulgated at a cost of $372.95 or $7.93
per copy to inform the general public and public officers and
employees about recent opinions and considerations by the Council
of the City of Tamarac.
CITY 36F TAMARAC 2/8/84
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APPROVED AT MEETING OF