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1985-02-13 - City Commission Regular Meeting Minutes
0 r 0 4 V 108 1 AMAHAI ; f 1 4 ODt, FIRST CLASS MAII., CITY OF TAMARAC CITY COUNCTI, REGULAR COUNCIL MEETING WEDNESDAY, FEBRUARY 13. 1985 CALL TO ORDER: 9:00 A.M. OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair .... . . .... ASTMen given a t n f' iteR whiN ime �if 1., nou Tiose specific time to he heard, and will entertain motions from Council members to table those items which require research. Council may aq0ndize by majority consent matters of an urgent, nnturp which have come to Council's attention after publication. PRESENTATIONS AND AWABDS .. .. . ..... ..... . . ........... . .............. . ...... . .. . . .................... __ .... . ... — - --------- -- `7 - f7g 5' 1. Certificate of Appreciation - Presentntion of a Certificato JABLED to b,-y-- Ah"y" o_r_,Rr_avitz to Ja Kanc for his �2/27/85 servico on the Board of Adjustment. 2. National Enqinears Week - Presentation by Mayor Kravitz a ?/13/85 pg 2 11 .... . ......... — - - - - - - - - ----------- . ....... . .................. proclamation designating the week of February 17 through 23, Nesentation 1985 as "National Engineers week". nade to Don itzenberger. -A --- UTFUSPR7— 11 3. Vocational EdWe ucation eek - se by Mayor Kravitz c4 -a--p-r-o-c-l-a-mc-tT!ii- Pity C erk's des TgAfa. ilEg February 10 through 15, 1985 nc; "Vocational Education week". ffice to fwd �roc.to proper 4. Chamber of Commorce - Stroot Fair - Discussion and possible ?_ eci enT. 7T 5 g7 a c t.,TT;Tr for-0677-Thmarac Park for a street fair �PPROVED to be conducted on March 23 and 24. BOARDS AND COMMITTEES P9 t.r 111111111-11-1111111-1111 . .. . ............ . ............. .., .................... 17, APPROVED a 5. Planninq Commission - Hearinq to removo Larry Bender for 30 day continu- ............... . ...... .. . ... cause a of this committen. (This itnm is schedul��,,�(' ance to the 3/13185 mtg. for 10:00 A.M.) wit Pender to MAnue 6. Board of Consumer Affairn - Discussion and possible action an 2 as a Member of P.C. a requost to solic-A-TATArtising for a consumer awar-enoss 17=3,7P�p booklet. at Chrma 7. Board of Adiustment - Temp. Reso, #3414 - Discussion and -S -I _e ""a pf this Bds, re�j .. . ..... . ................... . ... .. .... ............ 7 Stion to aplaint one (1) alternn-to member. (tabled pi7 from 1/23/85). APPROVED appting Arthur Santman S. Public Informntion Committee - Tow,Reso. #3491 - Dis - I'll 1-1111-1.111111.1 ...... . ................................ . . ................. to exp.7/8/85 P 7 7T T/ 7715 cussion and possible action to appoint three (3) regular PPROVED appting members. aniel Powers & 9. Welyominq Committee Tpnp,,Qqsn. 43490 - Discussion and pos-L . . .......... awrence Gould 0 o ex ire 5111IA8! 7� a�;_ on appoint one U ) rpqular member. T" 5 p g 10. Parks and Rocreation Committee - Tomp. Reso. 03492 - Dis- . ..... ....... . .. . ........ ... -RETA-60 ABLED to 2/2WE8-1 'T-a- - 777�p �g T r s7 ... CU i , a) Appointment of one (1) reqular member. PP PPROVED appting b) Announcement of one (1) vacancy for an additional reqular Karen Dickerhof f member . b) announcement )f vacancv ma7e. CONSENT AGENDA PAGE Items listed undor Item # 11 , Consent Agenda, are viewed to be routine and the recommendation will be enacted by one motipy in the forma listed below. If discussion is desires ,, than the item(s) will be removed from the Consont Agenda and will be considered separately, a) Minutes of 12/27/84 - Regular Meeting - Approval re- commended by City Clerk. b) Alan E. Ru:f _ Consulting City Attorney _ 2/6/85 - $2,085.00 - Approval recommended by City Attorney. c ) Miller & Meier - Architect - 1 /25/85 - $ 0, 646 . f 0 -- Approval recommended by City Attorney.. d) Lauderdale Reporting Service - Court Reporter - 2/4/85 - $1.51..05 - Approval recommended by City Attorney. a) Richard Rubin - Consultant City Planner - 2/l/85 - $2,657.50 - Approval recommended by City Manager. l") Richard Rubin - Consultant City Planner 2/6/85 - $ 4 , .3 38.7 5 - Approval recommended by City Manager. g) Touchere Ross & Co. -- Auditor - 2/ 5/85 - $1.6,800.00 - Approval , l prv�=a,1 recommended ka y Finance Director. h) Williams, Hatfield ield & Stoner, Inc. - Consulting Engineers - 2/4/85 - $::383.65 - .Project. No. 2207-0, Statement #2 - Approval recommended by City Engineer. i..) Williams, Hatfield & Stoner, Inc. - consulting Engineer - 2/6/85 - $1 ,221 . 30 - Project No. 221.3-02, Statement 41 Approval recommended by. City Engineer. :j) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 2/6,/85 - $1.,328.40 - Projects No. 221.4-03, Statement #1 Approval, recommended by City Engineer. k) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 2/6%8`a - $251 .50 - Project: No. 221.4-04, Statement 41 - Approval. recommended by City Engineer. 1) James M. Montgomery, Inc. -- Eng.incer - Tamarac Utilities Rate Study - 1/2.4/85 -- $5,640.00 - Approval recommended by City Engineer. m) Southgate Boulevard Sidewalk - Authorization for the City Manager to go out for bids for construction of a sidewalk. along a portion of the roadway between University Drive and Pine 1:sl.and Road.. n) Tamarac Utilities West - Authorization to purchase one dump truck in an amount not to exceed $18,898.9:3 under State contract, the funds for which are to costae from P & fit. Acc:ount:. No. 428-:367-53 a-6,40 - recommended by the City Manager.. ea) Tamarac Utilities West: - Authorization to purchase a sate and chassis for a jet rudder in an amount not to exceed $14, 259.77 under State contract,, the Rands .fear which are to coma from R & P Account No. 428- 367-535-502 - re- commended by the City Manager. p) Planning Commission - Appointment of one (1.) alternate member - Authorization to remove this item from the agenda.. TWO g� pry 6 1 rKg W� W 5 pg 4 thru 6 . APPRDVEI a) thru 0 and. 1) thru o) . Item ) REMOVE: and then TABLE: Items h) thru Q REMOVED and then APPROVED. Item p) REMOVE: to be consider ed at / 27/85 mtg. PAGE THREE GENERAL ADMINTSTRATIVE/FINANCIAL, 2/13/85 pg 17 18. Reportr- 12. Municipal Complex - Tract 38A - Report by Beautification Flo iven by Flok. Committee. Discussion and possible action. nce $by 13. RecreationBuilding- Tamarac Park - Discussion and possible rawings to go o Beaut.Comm. action on: P.C.& Counci a) Bid Award for construction -- Temp. Reso. #3493 5 0, b) Development Order #148-1 - Revised Site Plan to add this pg l.a):tEMOVED C/M building, ,author.to beg.n.e. 4w6ntr/gen .contrs.b)/gen �w 14. Public Works Department - Discussion and possible action to s.b)Agend waive the formal bidding procedures, pursuant to Section 9-35 by Const.APP DW of the Code, and authorize the City Manager to submit a bid 21 to the City of Hollywood for the purchase of one (1) used 4ormal bidd. street sweeper in an amount not to exceed $5,000.00. roc'ds waived /M auth.to 15. - Finance Department - Discussion and possible action to waive ubmit bid for formal bidding procedures, pursuant to Section 9-35 of the 85000.00 Code and authorize the City Manager to purchase one (1) 3 85 22- Microdata 8-way computer from the City of Coral Springs in pg m'l bidd.waiv an amount not to exceed $2,600.00. M auth.to 16. Utilities East Site - Parking Spaces - Discussion and pos- urchase comp. or $2600.or sible action to authorize the City manager to prepare the less. balance of the parking area for use by recreation vehicles. 3/85 pg /M auth, to 17. Munici al Ambulance Service w- TemP• . Reso#3496 - Discussion _.� rocd w/level and possible action to authorize the appropriate City 'ng & grading officials to execute an Option to Purchase an Ambulance from kin lot. Community Ambulance Service. 3/85 pg 4.C/M 4.C/M & C/A Sister City _ y Accord - Temp. Reso. #3495 - Discussion and pos- uth. exec. exec. sible action to authorize the appropriate City officials to agree.up to execute this document. 19. Mitchell Ceasar - Grants Consultant - Discussion and possible 2.Disc'dg& action to authorize the appropriate City officials to PROVED to execute an agreement for continued work on University Drive i n on 5/28/8 widening by Temp.Reso._ #3494. pg 41 PPROVED for 20. _Broward League of Cities Business - Report. Discussion and 5000.00 possible action, gg ext mt pZ/21/; LEGAL AFFAIRS /13/85 pg 19, 21. American Cablesystems - Franchise Fees - Discussion and pos- 20. NO inereas sible action to authorize the City Attorney to prepare an Df franchise amendment to Ordinance 83-39 establishing a non-exclusive fees from 3% franchise for this company by increasing the fee paid to the to 5%. City from three (30) percent to five (5%) percent. 22. Land Section 7 - Settlement of Slud e Farm Condemnation Suit- /13/85 pg 36- T emp. Reso. #3512 - Report by City Attorney. Discussion and 38.APPROVED possible action. oncept as prc osed subj. tc 23. Resolution on Vice Mayor Stein - Temp. Reso. 43497 - Dis- 3pec.Mtg.when cussion and possible action to approve a Resolution support- ree.finalizE ing the actions of Vice Mayor Sydney Stein to acquire a pg government grant for Tamarac Utilities West. kPPROVED 3 5 pg - 24. Residential Zoning District Requirements - Tem . Ord. #1159 - 9,21--22.TABLk Discussion regarding a proposal to increase the minimum net after P.C.sub- floor area of the various residential zoning districts. ommittee mtg. f 2/15/85 25. Law Library - Discussion and possible action to authorize the pg City Attorney to negotiate directly for the sale of obsolete /A Guth. to law books. aeg. for bks rev.offered or sale but of sold. PUBLIC HEARINGS - 2:00 P.M. PAGE FOUR 26. Exercise Centers of Southeast Florida D/B/A Richard Simmons 2/13/85 pg 24 25, a) Aff. ACCEPTED b) APPROVED w/ conditions. Anatomy Asylum - Petition #34-2-84 - Temp. Reso. #3498 - Dis- cussion and possible action on a special exception request fo an Athletic Club with appropriate accessory uses at Sheppard Plaza, 7138 University Drive. a) Acceptance of Affidavits of Publication, Posting and Mail- ing. b) Consideration of Application. 27. Construction Trailers - Temp. Ord. #1162 -- Discussion and pos sible action on creation of Section 15-7 of the Code to provide for the placement of construction trailers on buildin 2/13/85 pg 25 26. APPROVED on sec.read. sites. Second Reading. COMMUNITY DEVELOPMENT 28. Woodmont Tract 64 - Discussion and possible action to approve-2/13/85 a) Assignment of an Easement and Option Agreement between LACA Investment Company, assignor and Woodmont Corporation, assignee by Tem Reso. #3500. b) Release of the $2,000.00 cash bond posted to guarantee pg 28 a) APPROVED b) TABLED to 2/27/85 at 2/2 /8 CBO removal or demolition of a temporary structure by Temp. Reso. #3501. 29. Belfort Project/Kites Point - Temp. Reso-. #3499 - Discussion and possible action to release a cash demolition bond in the 2/13/85 pg 2E 2/ APPROVED amount of $2,100.00 posted to guarantee demolition or removal of the entrance. 30. Kings Point Recreation Complex - Revised Site Plan - Tem2= --- Reso. #3504 - Discussion and possible action to approve a 2/13/85 pg 2S APPROVED. issued D. temporary service drive. Order for re- vised site 1 31. Tamarac Gardens -m Discussion and possible action to approve: a) Permit for a model sales facility for a one bedroom model. b) Waiver of the 300-foot distance requirement from residents pg . a) APPRO VED to PPRO to models. b) APPROVED 32. Mainlands Section ll/Sunset Isle - Revised Site Plan - Temp. Reso. #3503 - Discussion and possible action to approve a to ex .8/13/E 5 pg c 30. APPROVED sun canopy awning at the clubhouse. 33. Island Club Apartments - Revised Site Plan - _Temp. Reso. #3505 - Discussion and possible action to approve revised finished elevations. 2/13/85 pg 3( APPROVED w/ Iconditions 34. Patio Homes at Fairmont - Model Sales Facility - Discussion and possible action to renew a model sales permit for this project. 35. Versailles Gardens - Sign Waiver - Temp. Reso. #3502 - Dis- cussion and possible action on a request to renew a sign waiver for one year for a temporary community directional sign erected on the northwest corner of NW 80 Avenue and McNab Road. 36. California Federal Savings & Loan - Temporary Commercial Structure - Discussion and possible action to renew a permit for this trailer (tabled from 1/23/85 for payment of fee - permit expired 1/26/85). 37. Treehouse Apartments - Model Sales Facility - Discussion and possible action to renew a model sales permit and waiver of the 300-foot distance requirement for certificates of occupancy. (tabled from 1/23/85 for payment of fee -- permit expired 1/27/85). /13/85 pg 30, 32.Discussed APPROVED to xp.8/25/85 2/13/85 pg 31 APPROVED to exp.2/22/86 2/13/85 pg 31 APPROVED to exp. 7/26/85 2/13/85 pg 31 C.Clerk auth, to notify apl of 7 days to remit fee or facility clo: PAGE 38. Tract 37 - Discussion and possible action on: a) Development Order Temp. Reso.'#3479 b) Plat - Temp. Reso. #3480 c) Development Review Agreement (to be located east of Westwood Drive and south of NW 77 Avenue) (tabled from 1/23/85) 39. Tract 42 - Discussion and possible action on: a) Development Order -- Temp. Reso. #3481 b) Plat - Temp. Reso. #3482 c) Development Review Agreement (to be located on the east side of NW 71 Court (Westwood Drive) and east of Nob Hill Road). 40. 1985 Street Resurfacing Program - Discussion and possible action to authorize the Engineering Department to resurface seven (7) streets. 41. Forget Building - Discussion and possible action on: a) Acceptance of a Utility Easement for installation and maintenance of public utilities - Temp. Reso. #3506 b) Acceptance of a Bill of Sale Absolute for water distribu- tion and sewage collection system - Temp. Reso. #3507 42. Piccadilly Cafeteria - Discussion and possible action on: a) Release of a performance bond in the amount of $41,707.00 for public improvements ry- Temp. Reso. #3508 b) Release of a performance bond in the amount of $11,050.50 for road improvements - Temp. Reso. #3509 43. Turnpike Utility yRelocation Agreement No. 84-9 - Temp. Reso. #3510 - Discussion and possible action to approve an agree- ment with Williams, Hatfield and Stoner, Inc. to do the work on this project. 44. Tamarac Transmission Facilities - Northwest Force Main/Pump Stations - Contract No. 84-5 - Temp. Reso. #3511 - Discussion and possible action to approve a contract with CH2MHill to do the work on this project. REPORTS 45. City Council 46. City Manager 47. City Attorney City Council may consider and act upon 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 may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. CITY OF TAMARAC M ilyn �ertholf, CMC City Clerk SPECIAL MEETING - PUBLIC HEARING Tuesday, February 19, 1985 - 9:00 A.M. - Council Chambers Future Wastewater Facilities Planning Including the Effluent Disposal System Alternatives FIVE 2/13/85 pg 38, 39.a)&b)APPROV ED subj to con tinuing invest re.fees w/obj. brought up at site plan rev. c) APPROVED 19 40.a)&b)APPROV ED subj.to con tinuing invest re. fees w/obj. brought up at site plan rev. c)APPROVED. 3 5 pg 31. TABLED to 2/27/85 as per C/M 1 pg 32 a) &b) APPROVED 5 pg 3 a)APPROVED sub 'to recpt of 1 lyr.warr.bd of $14,427.38 & eng.fees of 82,527.73. b)APPROVED sub to recpt of 1 yr warr.bd.of $2762.62 2713783 pg 33 Reso.REMOVED Agree. APPROVED est.exp.$140, 000.00 3 5 pg 3 TABLED at req. of C/E.. 2/13/85 pg 35_ 2_/13/85 Eg 34. 2/13/85 pg 34 GENERAL ADMINISTRATIVE/FINANCIAL PAGE SIX 2/13/85-Pg 11 48. Appointing Bond Registrar/Paying Agent for General 26,27.APPRVD Obligation Bonds - Temp Reso._f3516 - Discussion and Barnet Bank possible action. (Agendized by consent) for $1000.per yr.+reimburs. for actual oui of -pocket exp. 49. Architect's Ex enses - Discussion and possible action for pg 1, a budget transfer to pay the architect's expenses until 4.APPROVED the General Obligation Bonds are sold. (Agendized by $150,000. froi consent) Contingency fund to pay arch.fee. BOARDS AND COMMITTEES pg , 27. TABLED 50. Veterans Affairs Committee - Appointing one (1) member - to 2/27/85 Tem Reso. #3 - Discussion and possib e action to appoint one member to this committee. (Agendized by consent) 51. Montwood Model Sales Center - Discussion and possible 2/13/85 pg 2, action concerning an extension to the platting waiver - 27,28.APPRVD Temp. Reso. #3514. (Agendized by consent) to 4/15/85 CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING February 13, 1985 Tape 1 CALL-TS?_QR� : Mayor Philip B. Kravitz called the meeting to order on Wednesday, February 13, 1985 at 9:00 A.M. in the Council Chambers FQLL_ -CALL: FRESENT : A110Q _FE.EEENT : Mayor Philip B. Kravitz Vice Mayor Sydney M. Stein Councilman Jack Stelzer Councilman Raymond J. Munitz Councilman Allan C. Bernstein Elly F. Johnson, City Manager Jon M. Henning, City Attorney Carol E.Barbuto,Assistant City Clerk Joann Colwell, Secretary A.M. MEDI_TA-ANP PLEDGE-W-A ,LEGIANCE: Mayor Kravitz called for a Moment of Silent Meditation followed by the Pledge of Allegiance. p"mmg.,1 wav E_YNQ.,53-OL & ACTION: Agendized by Consent. (See Pages 26 & 27). City Manager Johnson said it is necessary,to Agendize by Consent discussion and possible action concerning the appointment of the bond agent for the general obligation bonds and C/M Munitz so MOVED, SECONDED by V/M Stein. ALL_.VQTEE AYE 49. Arcbj--- !s p es - Discussion and possible action for a budget transfer to pay the architect's expenses until the General Obligation Bonds are sold. UMPSIS- ACTION: Agendized by Consent. (See Page 4). City Manager Johnson said it is necessary to Agendize by Consent discussion and possible action concerning a budget transfer to pay the architect's expenses until the General Obligation bonds are sold. V/M Stein so MOVED, SECCONDED by C/M Stelzer. VOTE: ALL -VOTED AYE 50. Veterans Affairs Committee - Appoint' - Temnp. Reso._-#-35l5 - Discussion and possible action to appoint one member to this committee. SYNQj!SjS OF ACT QN: Agendized by Consent. (See Page 27). C/M Stelzer suggested Agendizing by Consent discussion and possible action concerning a vacancy on this committee and he so MOVED, SECONDED by V/M Stein. Y-OTE : 1 J 2/13/85 51. MoILtwood - Discussion and possible action concerning an extension to the platting waiver - Tema SYNQUIS-O,_ACTION: Agendized by Consent. (See Pages 27 & 28). C/M Stelzer said the City Attorney requested this item be Agendized by Consent and he so MOVED, SECONDED by V/M Stein. VOTE: VQTEP .AU PRESENTATIQNS AND AWARD, 1. certificate of Apprciation - Presentation of a Certificate of Appreciation by Mayor Kravitz to James Kane for his service on the Board of Adjustment. ySYN0kZJ,S QE ACTION: TABLED to the 2/27/85 Council meeting. Mayor Kravitz said it has been requested by the Board that this be TABLED to the next Council meeting and V/M Stein so MOVED, SECONDED by C/M Munitz. 9100 2. atioggl Bnaineers Wgek - Presentation by Mayor Kravitz of a proclamation designating the week of February 17 through 23, 1985 as, "National Engineers Week". : Presentation of the proclamation was made to Don Ditzenberger. Mayor Kravitz presented a proclamation designating the week of 2/17 through 2/23/85 as "National Engineers Week" to Don Ditzenberger on behalf of all engineers in Broward County. 3. Vocational_Education Week - Presentation by Mayor Kravitz of a proclamation designating February 10 through 15, 1985 as, "Vocational Education Week". SYNOPSIS OF ACTION,: The proclamation will be sent by the City Clerk's office to the proper recipient. The representative was not in attendance at the meeting and Mayor Kravitz directed the City Clerk's office to forward the proclamation to the proper recipient. 6. hoard of consumer_ LaiKs - Discussion and possible action on a request to solicit advertising for a consumer awareness booklet. SYNQI!Slb$.-OF- ACTION: REMOVED from the agenda.at the request of the Chairman of this Board. Nat Cohen, Chairman of the Board of Consumer Affairs, said research is not completed on this item and he suggested removing this from the agenda. C/M Munitz MOVED to REMOVE this item from the agenda, SECONDED by C/M Bernstein. y ALL NOTED_ AYE 2 2/13/85 7. Board of Adjustment - Temp,_ Rese,. #3414 -- Discussion and possible action to appoint one (1) alternate member. (tabled from 1/23/85). .EMP_SIS_.QF ACTION: APPROVED appointing Arthur Santman as an alternate member for a term to expire on 7/8/85. RESOLUTION NO. R-85-34 PASSED. City Attorney Henning read '_eLnp,,_.Ro�_.#3414 by title. C/M Stelzer said on recommendation of Edward Rockwell, Chairman of the Board of Adjustment, he MOVED APPROVAL of Tempe Rego. #341A appointing Arthur Santman as an alternate member to the Board of Adjustment, SECONDED by C/M Bernstein. 8. Public InforMQti,oD_ Commute_ - TPmp. Re #3491 -Discussion and possible action to appoint three (3) regular members. ,SYNOPSIS OF $EZ10; APPROVED appointing Daniel Powers and Lawrence Gould as regular members for terms to expire on 5/11/85. RESOLUTION NO. R--85-35 PASSED. Mr. Henning read Temp Reg�_J.3491�by title. Irving Fenichel, Chairman of the Public Information Committee, said he would like to recommend appointment of Daniel Powers and Lawrence Gould as regular members on this committee. He noted for Council's information that as of February, the publication, Tam -A -Gram, was distributed to over 10,000 residents. He said a yearly book is being considered containing activities of Council, Boards and Com- mittees of the City. C/M Stelzer MOVED APPROVAL of emp._ Reso. #3491 appointing Daniel Powers and Lawrence Gould as regular members to the PIC, V/M Stein SECONDED. Y-Q T-U : L. VOTED AYE 9. Welcoming Committee -- T-e�8. Rgso. #3490 - Discussion and possible action to appoint one (1) regular member. SYNAPSIS OF ACTION: TABLED to the 2/27/85 Council meeting. Mr. Henning read Temp. Reso..43490 by title. Mayor Kravitz said there was a Welcoming Committee meeting on 2/8/85 and he announced there are two vacancies available and the Chairman will. make recommendation to Council for the 2/27/85 Council meeting. C/M Munitz MOVED to TABLE this item to the 2/27/85 Council meeting, SECONDED by V/M Stein. ALL YQTED AYE 3 2/13/85 lu. Par, kQ and Recreation Comini t-ee - Temp. Reso. JIM Discussion and possible action on: a) Appointment of one (1) regular member. b) Announcement of one (1) vacancy for an additional regular member. SYNOFSI_S_QF__AL=: a) APPROVED appointing Karen Dickerhoff as a regular member b) Announcement was made of one vacancy. RESOLUTION NO. R-85-36 PASSED. Mr. Henning read Temp, Mgp_42. by title. a) C/M Stelzer said Doug Christy, Chairman of the Parks and Recreation Committee, recommended Karen Dickerhoff be appointed to this com- mittee and he so MOVED, SECONDED by C/M Munitz. YOTE : MJL_YQ ED_.. SAYE b) Mayor Kravitz announced a vacancy on this committee and urged anyone interested contact the City Clerk's office for an application. GENERAL ADMINISTRATIYEZFINANCIAL 49. ,rchitQ,gt'e_Expenses - Discussion and possible action for a budget transfer to pay the architect's expenses until the General Obligation Bonds are sold. : Agendized by Consent (See Page 1) APPROVED the transfer of $150,000 from the Contingency fund to pay the architect's fee. City Manager Johnson said that since the bonds have not been issued yet, there are no funds available to pay the architect. He said he is requesting that $150,000 be transferred from the Contingency fund until the bonds are sold and it will then be replenished. V/M Stein MOVED APPROVAL of the transfer of funds, SECONDED by C/M Munitz. Melanie Reynolds, Charter Board member, asked if $100,000 was not transferred recently from Contingency for this purpose and City Manager Johnson said that is correct. a) Minutes of 12/27/84 - Regular Meeting - Approval recommended by City Clerk. b) Alan F. Ruf - Consulting City Attorney - 2/6/85 - $2,085.00 - Approval recommended by City Attorney. c) Miller & Meier -- Architect - 1/25/85 - $50,646.90 - Approval recommended by City Attorney. d) Lauderdale Reporting Service - Court Reporter - 2/4/85 -- $151.05 Approval recommended by City Attorney. e) Richard S. Rubin - Consultant City Planner - 2/l/85 - $2,657.50 Approval recommended by City Manager. f) Richard S. Rubin - Consultant City Planner - 2/6/85 - $4,338.75 Approval recommended by City Manager. g) Touche Ross & Co. - Auditor - 2/5/85 - $16,800.00 - Approval recommended by Finance Director. h) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 2/4/85 $383.65 - Project No. 2207-0, Statement #2 -- Approval recommend- ed by City Engineer. i) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 2/6/85 $1,221.30 - Project No. 2213-02, Statement #1 - Approval re- commended by City Engineer. 4 2/13/85 j) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 2/6/85 $1,328.40 - Projecct No. 2214-03, Statement #1 - Approval re- commended by City Engineer. k) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 2/6/85 $251.50 - Project No. 2214--04, Statement #1 -- Approval recommended by City Engineer. 1) James M. Montgomery, Inc. - Consulting Engineer - Tamarac Util- ities Rate Study - 1/24/85 $5,640.00 - Approval recommended by City Engineer. m) Southgate Boulevard Sidewalk -- Authorization for the City Man- ager to go out for bids for construction of a sidewalk along a portion of the roadway between University Drive and Pine island Road. n) Tamarac Utilities West - Authorization to purchase one dump truck in an amount not to exceed $18,898.93 under State con- tract, the funds for which are to come from R & R Account No. 428-367-535-640 - Approval recommended by the City Manager. o) Tamarac Utilities West - Authorization to purchase a cab and chassis for a jet rodder in an amount not to exceed $14,259.77 under State contract, the funds for which are to come from R & R Account No. 428-367-535-502 - recommended by the City Manager. p) Planning Commission - Appointment of one (1) alternate member - Authorization, to remove this item from the agenda. YNOP .1 S OF _ALTION : APPROVED a) through f) and 1) through o) . Item g) REMOVED and then TABLED. Items h) through k) REMOVED and then APPROVED. Item p) REMOVED to be considered at the 2/27/85 Council meeting. C/M Munitz asked to REMOVE for discussion items g), h), i), j) and k). City Attorney Henning noted the amount on Item c) should be $50,646.90. Arthur Gottesman, Chairman of the Planning Commission, referred to Item p) and said at the last Council meeting he asked Council to appoint a gentleman whose application Council had seen and the item was Tabled. He asked Council to REMOVE this from the agenda for separate discussion. V/M Stein MOVED to REMOVE item p) for further discussion, SECONDED by C/M Munitz. V/M Stein MOVED APPROVAL of Items a) through f) and 1) through o), SECONDED by C/M Munitz. VOTE: RMIM 31,90MIX g) C/M Munitz said Council has not had an opportunity to review this report and he felt payment should be held until the Auditor is present with his report. He MOVED to TABLE Item g), SECONDED by C/M Bernstein. ALL VOTED AYE h) C/M Munitz said with regard to Items h), i), j) and k), he would i) like assurances from the City Manager and City Engineer that these j) bills are strictly a continuity and not for new projects. & k) City Manager Johnson said every item on the agenda has been approved by the Council. and these are on -going projects with Williams, Hat- field & Stoner., Inc. City Attorney Henning said the Council meeting of 7/2/84 is the meeting in which it was determined to stop using the services of Williams, Hatfield & Stoner. He said it should be determined if these bills are subsequent to that date. 5 2/13/85 City Manager Johnson said some of the contracts were approved after that date by this Council based on information and recommendations from the study committee that reviewed the award. He said each one was discussed individually with the Council. V/M Stein said even though some of these projects were done after his Motion to discontinue the contracts with Williams, Hatfield & Stoner, Inc., they were in possession of information and documents that would make it expedious for them to finish the work. He said this Council approved continuing work with them that they could do better than any other engineering firm. C/M Munitz MOVED APPROVAL of Items h) through k), SECONDED by V/M Stein. YM : I +LIToNw1 =4 p) Mayor Kravitz noted that Mr. Gottesman, Chairman of the Planning Commission, had requested REMOVING this item for discussion. V/M Stein said Mr. Gottesman had requested Council not appoint more alternate members and then he requested the appointment of Joseph Suter. Mr. Gottesman said he did ask that Council not appoint more alternate members; however, Mr. Suter has exceptional qualifications. C/M Stelzer MOVED to REMOVE Item p) from the Agenda for discussion and possible action at the 2/27/85 Council meeting, SECONDED by C/M Munitz. VOTE : Al� VOTED AYE PE ENTATI D A R 4. 1pgf.�►Mer�g - Street Fair - Discussion and possible action on a request for use of Tamarac Park for a street fair to be conducted on March 23 and 24. SYNOFh9TS- OF ACTION: APPROVED the use of Tamarac Park for a Street Fair on March 23 and 24. Mr. Henning said there has been a request by the Chamber of Commerce to hold the second annual Street Fair on March 23 and 24 at the Tamarac Park. He said it is his understanding that the location of last year on 57 St. would not be advisable this year for a Saturday because the Post Office is open and traffic would be a problem, therefore, they have requested the Tamarac Park location. George Hershenson, Director of the Tamarac Chamber of Commerce, said they would appreciate Council's permission for this Street Fair on 3/23 and 3/24 at Tamarac Park. He said they are expanding this to two days because of the success last year of the one day Fair. He said they did not want to close the street for the stores that are located there. He said they felt there would not be enough space at the 57 St. location because there will be more exhibits this year. He said another problem would be an expense for lights which are already installed in Tamarac Park. Mr. Hershenson said the Recreation Department staff has been cooperative and they advised that the Chamber of Commerce can use the street which is already marked off for booths. He said the lights that now face the tennis courts can be turned to illuminate the booths. He said there will be a parking area with 96 spaces marked and the Recreation Department is willing to mark another 100 spaces just north of the parking area, on the grassed area. 6 2/13/85 Mr. Hersenson said they will open the gate at the school allowing the Chamber of Commerce to use any portion of that back area north of the tennis courts. He said they are hoping to have a dance on Saturday night between the hours of 7:00 p.m. and 10:00 p.m. He said it is their intent to publicize the City in a good light and they will have WFPL broadcasting live from this location and the cable network will give this 24-hour coverage for one week before the Street Fair. He said the applications have already been printed with the location of Tamarac Park noted. C/M Stelzer referred to a letter from the Chamber of Commerce to the Mayor stating that the Mayor indicated that there would be no objec- tion to having the Street Fair at Tamarac Park. He questioned why the entire Council was not consulted. Mayor Kravitz said he stated that as far as he could see there would be no objection. C/M Stelzer. MOVED to APPROVE the request of the Chamber of Commerce for use of Tamarac Park for a Street Fair on 3/23 and 3/24/85. V/M Stein SECONDED. VQ : Mr. Hershenson said they will give the City a one million dollar insurance policy for indemnificaton. action to authorize the City Manager ance of the parking area for use by The City Manager was authorized to proceed with the leveling and grading of the parking lot. - Discussion and possible to prepare the bal- recreation vehicles. City Manager Johnson said the East Utility building has been de- molished and he recommended that Council authorize him to proceed with grading and paving this area for parking. He said this would be a service to the residents who cannot park in their driveways in that area. C/M Munitz asked the approximate cost of this and City Manager Johnson said the only cost would be the labor involved since the dirt would be hauled from the wildlife area. C/M Stelzer asked if residents east of 441 are using the facility and the City Manager said he has lists of people who have leased the facility. C/M Stelzer asked if people west of 441 are availing themselves of the parking area and C/M Bernstein said yes, they are. V/M Stein MOVED to authorize the City Marrager to proceed with the leveling and grading of the parking lot, SECONDED by C/M Bernstein. LFGAL _FFA�R, Tape 2 23. $uola_ o _..Vice Mayor. Bteir� - Te�tia��_#3497 - Dis- cussion and possible action to approve a Resolution supporting the actions of Vice Mayor Sydney Stein to acquire a government grant for Tamarac Utilities West. Ql_Q AS'QI�: APPROVED Temp.teso,� ,I supporting V/M Stein's actions and to be submitted by the City Clerk to the newspapers. 7 RESOLUTION NO. R-85-41 PASSED. 2/13/85 Mr. Henning read T4mp.. so, #342.1 by title. C/M Stelzer said this Resolution verifies by dates that V/M Stein did not operate outside of his responsibility. He said Council discussed this in July and August. He said in August Steve Wood was the Acting City Manager and Mayor Kravitz was not available and V/M Stein was authorized by Mr. Wood to go to Tallahassee concerning this matter. He said this Resolution should be passed to stop harmful rumors that are being circulated. C/M Stelzer MOVED APPROVAL of T-enpa_.l?ego,_ #3AII, SECONDED by C/M Munitz. Mayor Kravitz asked the City Attorney if it is normal procedure to approve by Resolution something that has already been done. Mr. Henning said this Resolution does not grant any authorization or approval after the fact. He said the Resolution condenses on one document various facts and activities that occurred in the past on numerous documents. He said this Resolution is merely a recitation of past authorization. Mayor Kravitz again questioned the purpose of this Resolution and Mr. Henning said there is nothing normal in the whole procedure and this is an attempt to resolve some questions and is legal. C/M Munitz said the Resolution specifically stipulates facts that are truths. Morris Haber, resident, asked what the facts are. Mayor Kravitz asked the City Attorney to read Temp Reso. U-01 entirely and he did. Mayor Kravitz asked how the City would be affected and how this Resolution would be enforced? City Attorney Henning said the only enforcement of this Resolution is for the City Clerk to submit copies to the three newspapers involved. Mayor Kravitz asked Mr. Henning who asked him to prepare this Resolution and Mr. Henning said the request came from C/M Bernstein and V/M Stein. Dr. Bernard Newman, resident, said the switch to deep well injection from spray irrigation did not come about because of the Council's concern over cost effectiveness but because the grant for spray irrigation was lost. City Attorney Henning said that is incorrect. He said the status of the City to receive a grant for spray irriga- tion or deep well has never changed because of whether it was to be deep well or spray irrigation. He said initially the City was not as high on the waiting list for grants and some cities on the list above Tamarac dropped out thereby raising Tamarac to the fundable area. Mr. Henning said the reason. Tamarac changed to deep well is because Broward County, not the State, has denied the City a variance regarding the lining of the ponds under County regulations. He said when the treated wastewater is held in the pond there is a County requirement that the pond be lined. He said when Tamarac was denied the variance by the County, the cost was between "very high" to "prohibitive", therefore, it was no longer cost effective to line the ponds and use spray irrigation. He said it was at that point that the City turned to spray irrigation. Murray Weiner, resident, asked if there was ever a previous occasion where a Resoluton was given to the City Attorney by two Council people and Mayor Kravitz said it must be discussed in the open in conformance with the Sunshine Law. Helen Massaro, resident, asked what City Manager Johnson had to say about the grant. City Manager Johnson said the last report was that Tamarac is now Number 40 on the grant list and the actual funding will be decided in June. 8 2/13/85 Mrs. Massaro said she understood that although the City will be upgraded, the possibility of receiving grant money was very slim because of the number of cities ahead of Tamarac. She said that particular fund is coming from State money, which is 50 million dollars, and there is not enough for everyone. She said if the City is proceeding with deep well injection, there is no chance of re- ceiving the grant from the Federal Government because they do not fund this. Mayor Kravitz said this discussion does not concern Temp. Reso. #3497, which is the subject of this item. V/M Stein said he had a correction to be made since he did not go to Tallahassee concerning grants but went concerning utility rates. Mrs. Massaro questioned what the Resolution said and Mayor Kravitz said the Resolution said V/M Stein was authorized and correct in his actions. Mrs. Massaro noted that the grant should be studied carefully. Morris Haber asked why only V/M Stein and C/M Bernstein were the only two re- questing approval. C/M Munitz referred to Page 1, Lines 15, 16 and 17 which stated, "Whereas, the City Council desires to set the record straight, end rumors and avoid the proliferation of misinformation". He said on Page 1, Section 1, Item c), it specifically indicates that the City was denied a variance regarding lining of the ponds. He said when the spray irrigation was presented to the voters there was no men- tion that the lining of the ponds would be necessary. He said in Section 2 a), the action taken was by unanimous vote of the Council. C/M Bernstein said Tamarac is Number 40 on the list because of facts not reported regarding spills that happened in the past. He said this occurred during the previous administration. Mrs. Massaro said there are two people on Council now that were on Council before and she questioned whether they knew of any spills that occurred at any time. She said C/M Bernstein is trying to make it sound as though the previous Council did something that caused the City to be Number 40. C/M Stelzer said they were not aware of any spills until they found out that grants cannot be received if there is a good system. He said the Director of the Utilities did not report the spillage. Mrs. Massaro asked Mayor Kravitz if he was aware of any spillage and he replied no. C/M Bernstein said the City Council was responsible at that time. C/M Bernstein Aye C/M Munitz Aye C/M Stelzer Aye V/M Stein Aye Mayor Kravitz Nay BOARD,9_b,ND LQ&UTBB. 5. 21anniB,a Commission, -- Hearing to remove Larry Bender for cause as a member of this committee. YN ,6J_B__Q.F_,ACTTQN : APPROVED a 30-day continuance to the meeting of 3/13/85, with Mr. Bender to continue as a member of the Planning Commission. Mayor Kravitz asked the City Attorney if this was a public hearing and Mr. Henning said no, this is a hearing held in public. He said he arranged for Chris Carsky of Alan Ruf's law office to be present to advise Council. V/M Stein said since he brought the charges he would like to take this opportunity to step down as a member of Council as he felt he should not vote on this item. He said he is doing this on the advice of the City Attorney. 9 2/13/85 Chris Carsky, Consultant City Attorney for Tamarac, said at this time there is a public hearing to remove Larry Bender for cause as a member of the Planning Commission. Mayor Kravitz asked if this was a Public Hearing and Ms. Carsky said the language "public hearing" under the Statute under which this hearing is being held is that it must be in the Sunshine but is not open to the public for discussion. She said it is not a normal public hearing and was not published. City Attorney Henning said for the record, he is the Tamarac City Attorney and this hearing is pursuant to Council action taken at the 1/23/85 Council meeting. He said at that time, certain allegations were made and a written notice was sent out the following day by Certified mail. He said this was done purusant to Florida Statutes, Section 163.180(2) which concerns the establishment of the Planning Commission. He said it states, "The governing body creating the Commission is authorized to remove any member of the Commission for cause after written notice and public hearing." He said the City and he are prepared to proceed and the Council should sit as judge and jury and there is an obligation on the part of the City to set forth the basis for the cause and action. He said they will proceed whether or not the opposition is present and whether or not they have questions. Louis Schiff, Attorney for Mr. Bender, stated that he is an attorney in Tamarac and it was his understanding Monday evening before Judge Reasbeck, that Mr. Henning represented that this would be a hearing open to the public and the only thing at issue was whether or not the City was required to publish advertisement of this in the newspaper. He said he is now told that the people in the audience will not be given an opportunity to speak. He said this is directly opposite to what Mr. Henning told Judge Reasbeck. He said he agrees that Mr. Bender was given a written notice by Certified mail and there are differences on what the law is. He said Judge Reasbeck's decision is appealable but on such short notice, they are present. He said he disagrees strongly that this is not a public hearing. He said if the public is not granted the right to speak, they will have no choice but to go back to Judge Reasbeck and have him rule on whether or not the public is entitled to speak. Mr. Henning said due process under the U.S. or State Constitution and State Statutes is what is foremost here and he: was not proposing to do anything that would hinder Mr. Schiff in the representation of his client. He said Mr. Schiff has the right to call anybody to testify on his client's behalf as does the City have that right. He said he was under the impression that the fairest thing for both sides would be that both he and Mr. Schiff could call witnesses. He said barring anything unusual., he would not prohibit Mr. Schiff from calling witnesses that he wishes. Mayor Kravitz said it has been his policy to hear what the public wants to say whether it is a public hearing or not and he expects to continue that policy during this hearing. C/M Stelzer said if the public is allowed to speak, will they refute or affirm any of the facts or will they be character references? Mayor Kravitz said he does not know what they might say but he will give them the opportunity to speak if they wish. Mr. Schiff said on Monday afternoon, 2/11/85, he filed an emergency petition in the Circuit Court hoping to stay the proceeding based upon what he interpreted the Florida Statute to mean under certain public notice. �I 10 2/13/85 /pm Mr. Schiff said the Court denied part of the Motion and has Tape 3 withheld ruling on the remaining portion of the Motion. He said throughout this matter, he asked the City Council for a continuance based upon the fact that they have only had less than 14 days to adequately prepare a presentation on behalf of Mr. Bender. He said correspondence was sent to Mr. Henning's office on 2/l/85 asking for a continuance and he was informed thereafter that it was denied at the Pre Agenda meeting. Mr. Schiff stated that due to the severity of the allegations, he is now asking for a Council. member to make a Motion to allow he and his client a 60-day extension in order to properly prepare for this hearing. He said without such an extension he believes Mr. Bender may be denied some of his due -process rights. Mayor Kravitz asked Council if they would consider making a Motion for an extension of 60 days and hearing no Motion, this was Denied. Mr. Schiff said he had an opportunity to review the minutes of the Board of Director's meeting of the Woodmont Country Club, Inc. and he found no allegations that would support any of the allegations made by Mr. Stein. He said, in fact, the only thing he had to prepare for today's hearing was one page on Mr. Henning's stationary which states "Misuse of public office by attempting to attain a free membership for Mayor Philip Kravitz in the Woodmont Country Club stating that it would be helpful in obtaining the required City Council approval for future Woodmont Country Club redevelopment plans". He said this is all the City supplied him with to represent Mr. Bender. He said he made the minutes of the Board of Director's meetings available to Mr. Henning and, in return, he asked Mr. Henning to supply his office with a written list of all names of people who would be testifying. He said he has not received a written list, however, Monday afternoon he received an oral list. Mr. Schiff said when a person is sued civilly or charged with a. crime, they are given far more than two weeks to prepare an adequate defense or presentation on their behalf. He said Council is thrust- ing Mr. Bender into a light and telling him he will be removed from his position. He said it is really in the best interests of the City not to let this happen. He said if this were a civil matter it would take at least 6 months and if a criminal matter, it would have to be dealt with within 180 days; however, this is often waived for the purpose of making an adequate presentation. He said he is distressed that his previous request to have today's item removed from the agenda has not been granted. He said he is also distressed to learn that the ony way there could have been an extension would be for Mr. Bender to step down from his position and have the hear- ing in two weeks. Mr. Schiff said this extension of two weeks was offered in order to have this before the March, 1985 election. He said Mr. Bender has no intention of stepping down as Vice -Chairman of the Planning Commission during the time period between now and the date of any hearing. He said for Mr. Bender to step down at all would be an admission that he misused a public office and that is not so. He said there is no need for Mr. Bender and he to be present today if Council is going to act as a kangaroo court. He said in his letter to Mr. Henning of 2/6/85 he asked, "Supply this office with names and addresses of any or all persons who will be addressing the Council regarding this matter. I will further request that any and all documents used to support their claims be submitted to this office prior to any removal. hearing." He said he has not yet received any of that. He said to date he has had only oral statements from Mr. Henning regarding who the possible witnesses are, 2/13/85 /pm Mr. Schiff said there is at least one member of Council determined to have this matter resolved immediately before the general elec- tion. He said if Mr. Bender is truly in violation of any misuse of the public office, a City Council sitting after March, 1985 will find him in violation as opposed to the present City Council. He said it appears that several members of this Council are afraid that the structure of the Council will change radically between now and the March elections so that the vote would resolve in favor of Mr. Bender. He said he is confident that, if the City was consider- ing his request for a 60-day extension in November when these things allegedly occurred, Council would give a 60--day extension. Mr. Schiff said today is a membership guest day at the Woodmont Country Club and this fact was known to Mr. Stein prior to the setting of the agenda for today. He said many of the key witnesses who are members of the Board of Directors of Woodmont Country Club have previously committed themselves to being at the Country Club. He said because he has no subpoena power they cannot be here to testify on Mr. Bender's behalf. He said he finds it unusual that Mr. Bender carries so much weight politically that Council would move so swiftly to remove him. He questioned whether this is just a reaction to other political events that have occurred since the Recall Petition was started. Mr. Schiff said he was informing Council that if he does not get the continuance, he will go back to court to ask the Judge for more time for their presentation. He said the only thing the Judge ruled on was whether or not there was proper notice for the hearing. He asked the City Attorney to recommend to Council to allow them 60 days to prepare. City Attorney Henning said this hearing is because of action by the City Council and he will present the City's case whenever he is asked to make that presentation. He said the date was set by unanimous action of the Council and the time was set by the Mayor. He said he did advise Mr. Schiff that members of the Board of Directors and their Secretary would be the only ones that he considered to be possible witnesses today in this hearing. He said he was unaware of any special events occurring at the Counry Club today. Mr. Henning said concerning requests for continuances, he indicated on 2/6/85 at the Pre Agenda Workshop Meeting that the letter was received from Mr. Schiff and Council decided to leave this item on the agenda for today. He said concerning any additional time, Mr. Schiff has consistently asked for 60 days and he suggested this be resolved before the election, not the Council. He said he also suggested that it might be a manner of compromise if Mr. Bender stepped down from his Planning Commission position, Council might be more agreeable to the continuance. He said concerning the hearing with Judge Reasbeck that was held on an emergency basis, that re- sponse was for much less time for preparation on behalf of the City than Mr. Schiff requests be given to him for the hearing. Mr. Henning said the comparison of this hearing and a Recall Peti- tion is not fair because a Recall Petition involves the gathering of thousands of signatures and processing of verification of those signatures by other agencies. He said in this situation, Mr. Bender is familiar with the facts since he was on the Board and was present when the conversations were held. He said there was nothing raised at the Court hearing with Judge Reasbeck regarding a delay and Mr. Schiff did not object to the time he had to prepare. He said Mr. Schiff objected to the fact that there was no advertisement of this hearing and the Court gave the City a ruling that it should not be delayed for that reason. Mr. Henning said for the sake of the record, there is a case pending in the Circuit Court which is "H. Larry Bender, Petitioner vs. The City Council of the City of Tamarac, Florida, Respondent", and this is in the 17th Judicial Circuit in Broward County, Florida, Case No. 853482 CP in the Civil Division. 12 2/13/85 /pm Mr. Henning said that was a request for a temporary restraining order which fell in Judge Reasbeck's division and was denied Monday, 2/11/85. Mayor Kravitz asked Mr. Henning if it would not be reasonable for one attorney to grant another attorney the time required to prepare a case. He asked if the City Attorney would object to giving Mr. Bender the time required for preparation. Mr. Henning said he has tried to conduct himself professionally and treat this as a court proceeding. He said it is not for him to grant or deny since Council are the judges. He said he will abide by Council's wishes. Mayor Kravitz asked Mr. Henning if he would recommend Council give them the time they requested and Mr. Henning said that is why Ms. Carsky is present since Mr. Henning is not prepared to make any recommendations. Mayor Kravitz asked Ms. Carsky if she would object to giving Mr. Bender and Mr. Schiff time to prepare their case and she said as a practicing lawyer, she has prepared for hearings in much less than two weeks. She said the rules of civil and criminal procedure do not apply in this proceeding, and, therefore, the time limits set forth in those rules are not applicable to this proceeding. She said she was not a party to the hearing held before Judge Reasbeck; however, any due process considerations with respect to the time limits could have been raised at that hearing. Mr. Schiff said before he was going to bring the inadequate time to prepare to the Judge's attention, he was going to ask this Council for the continu- ance. He said if Council denied the continuance then he will go to the Court. Ms. Carsky said that was a strategy decision on Mr. Schiff's part and it is not incumbent on this Council to make a decision based upon Mr. Schi.ff's failure to raise the question before the Judge. Mr. Schiff said it is true that cases can be prepared for hearing: in 14 days; however, this is a final hearing and in other cases they are not final.. Mr. Schiff asked why it is so important to hear this matter today and not wait until after- the election. C/M Munitz said if there has been a violation, the facts are there regardless of who sits on Council. He suggested the facts be brought out into the open. Mayor Kravitz said that the Chair feels that they have not had time to present the facts and, therefore, the facts cannot be heard this morning. He said he has seen cases postponed for years because the attorney needed time to present his case. He said this case involves days and there seems to be an objection. He said he is hopeful that the City Attorney will see fit to find a compromise as soon as possible. C/M Stelzer asked why the City Attorney and Mr. Stein cannot present the allegations now. C/M Munitz asked Mayor Kravitz if he was afraid of the facts coming out. Mr. Schiff answered C/M Stelzer by saying that Mr. Henning is at an extreme advantage to him since when Council directs him to spend time on a particular issue he can do so, such as, bringing in outside counsel to help. Mr. Henning said that is not why Ms. Carsky is here today. He said he had the entire Council agenda to prepare for and she is here because of ethical reasons and conflict of interest, not because of time for preparation. Mr. Schiff said there are ethical, considerations, however, the City has the money to spend more time on a particular case. He said Mr. Bender is not his only client and his time is limited. V/M Stein said he relinquished his chair before this began and he heard Council ask and deny the petition for an extension. He ques- tioned why this is being discussed further. 13 2/13/85 /pm Mayor Kravitz said the Council has not heard any facts and cannot move forward unless an agreement is reached concerning extension of time. V/M Stein said that is not true. Mayor Kravitz said Mr. Schiff has said he cannot present his case and he asked the City Attorney or his representative whether or not they would concede and extend the time. C/M Stelzer said Mr. Schiff has asked the City Council to give a continuance so that the matter cannot be tried today. He said Council did not accept that Motion or Second it. He MOVED that the action be continued to get all the necessary information. City Attorney Henning asked what C/M Stelzer meant by "continue the action" and C/M Munitz said Council would like to hear the facts. Mayor Kravitz said a Motion is not needed since it will continue on if an agreement cannot be reached. City Attorney Henning said since the Motion died for lack of a Second, perhaps a reverse Motion to get this on record would be appropriate. Mr. Schiff said he would like an opportunity to speak with counsel out9ide to determine a compromise. Mayor Kravitz said he would allow that and called a five minute recess. After the recess, City Attorney Henning said both sides agree that the final decision rests with Council. He said compromises were discussed and none has been reached. Mr. Schiff said he thought there was a compromise. Mr. Henning said Mr. Schaff persists that he wants 60 days. Mr. Schiff said they said 60 days and Mr. Henning said 30 days. Mr. Schiff said he countered with a proposal for 45 days with Mr. Bender stepping down temporarily so that he would only be a member of the audience and not vote on any planning matters. Mr. Henning said they have reached the stipulation that if Council would grant a continuance of some days, Mr. Bender would stipulate that he would not participate on the dais or vote at the Planning Commission meetings during the continuance. Mr. Henning said the City has no desire to bar him from City Hall or prevent him from having any of the rights of the public. Mr. Henning said the next question concerns what is a reasonable time for Mr. Schiff to prepare. He said two issues have been raised today, first, the time for preparation and, second, the fairness of the panel. He said although Mr. Schiff is willing to take 45 days, he would recommend that 30 days is adequate to prepare. He said there is a Council meeting scheduled for March 13th, which is after the election but would include this panel. He said he thinks this is a fair compromise. Mr. Schiff said he thought he reached a. gentlemen's agreement of 45 days. He said if Mr. Henning would advise the Council that 45 days is a reasonable time, Council would agree. He said this hearing could beheld on March 27th, which would actually be 44 days. City Attorney Henning said he realized everyone feels Mr. Schiff needs more time and the plan that Mr. Bender will step down from the dais of the Planning Commission meetings is fair and he thanked him for that. He said Council has to determine how much time is fair. Mr. Schiff said Mr. Bender agreed to step down if the time alotted was 45 days; however, he never agreed to step down for a 30-day period. V/M Stein said he wanted to go on record as having asked Council to give Mr. Schiff 45 days; however, he noted the unfairness to the implications to this Council. He said Mr. Schiff is implying that he does not trust the decision of this Council but will trust the Council that will come in after March 12 and that is unfair. He said by saying that he wants a decision after the election, he is implying that this Council is a Kangaroo Court and he objects. 14 v 2/13/85 /pm V/M Stein recommended Council accept the 45-day time limit with the proviso that Mr. Bender step down from the dais and not vote on the Planning Commission. Mr. Schiff said that was agreeable to him. C/M Bernstein said he could not see any difference between 30 or 45 days and he MOVED to GRANT the 45-day extension on condition that Mr. Bender refrain from participating in the meetings of the Plan- ning Commission. Mayor Kravitz said he would relinquish his Chair and SECOND the MOTION. C/M Stelzer said he thought Mayor Kravitz was a party in this action and Mayor Kravitz said he was not. C/M Stelzer said the charges include, "Misuse of public funds by attempting to obtain a free membership for Mayor Kravitz". He suggested Mayor Kravitz step down and Mayor Kravitz refused to step down. C/M Munitz said he would not be in favor of continuance of one day until the facts are heard. Mayor Kravitz said Council has the recommendation from the City Attorney and V/M Stein to accept the 45-day extension. C/M Stelzer suggested that Council grant the 45- day extension if the information concerning the allegations is given to Council. C/M Bernstein said in the interest of satisfying all members of Council, he withdrew his MOTION temporarily to have the allegations read into the record. He said he would make his MOTION following that. Attorney Carsky read the allegations into the record, "The allega- tion adopted by the City Council as cause for removal is the follow- ing: Misuse of public office by attempting to attain a free member- ship for Mayor Philip Kravitz in Woodmont Country Club stating it would be helpful in obtaining the required City Council approval of future Woodmont Country Club redevelopment plans." C/M Bernstein said he would like to reintroduce his MOTION and he suggested reading the allegations that were contained in another document into the record. City Attorney Henning said C/M Bernstein was referring to the verbatim transcript of the minutes of the City Council meeting of 1/23/85, Item 38, "V/M Stein: I am taking this procedure on the advice of the City Attorney since members of the Planning Commission are such members as fall outside the removal by the Council without notice and have cause and, therefore, I am asking the Council to give notice to Larry Bender, Vice -Chairman of the Planning Commission, and I am bringing charges of misconduct and cause in his action on the Plan- ning Commission. Both in the fact that he represents the City Planning Commission and the Planning Commission of the Woodmont Country Club. In addition, his further misuse of his public office in attempting to attain a free membership for Mayor Kravitz in Woodmont Country Club, where he serves on the Board of Directors and suggested that such a gesture to the Mayor would carry favor with the Mayor for approval of future Woodmont Country Club building plans by the Mayor and City Council. I understand that he is entitled to two weeks notice, which I asked this Council to put down and order the Clerk to send him, at a Public Hearing at our next meeting before action is taken. I am moving this action in the form of a MOTION. My MOTION was for the next regular meeting." C/M Bernstein said he would repeat his MOTION as it was stated before, to grant the 45-day extension on condition that Mr. Bender refrain from participating in the meetings of the Planning Com- mission. This MOTION was previously SECONDED by Mayor Kravitz. \� 15 2/13/85 /pm C/M Stelzer said there is a possible criminal offense involved in these allegations. VOTE: C/M Bernstein Aye C/M Munitz Nay C/M Stelzer Nay Mayor Kravitz Aye Mayor Kravitz said the vote was a tie and does not carry. C/M Munitz asked Mr. Schiff if he would like to comment on the two statements made and Mr. Schiff said he agrees that the words were said and the letter was written but he does not agree with the Tape 4 allegations. C/M Stelzer MOVED that the City Attorney should present the facts that he has and C/M Munitz SECONDED. Mayor Kravitz said a MOTION was not needed since this was on the table now. City Attorney Henning said it is no surprise that Mr. Schiff does not agree with the allegations presented. He said V/M Stein, who is the moving party in this action, has already asked his fellow Council members to grant the 45-day extension to allow Mr. Schiff more time to prepare. He said they will need a Motion to either move forward or stop since there seems to be a stalemate for today. He said if Council thinks they are helping the City by requesting he present the City's case and giving them 45-days to prepare their defense, that is not helping him. C/M Munitz said Mr. Bender was appointed by this Council and is responsible to this Council for his actions; therefore, this Council should determine how this is decided. He MOVED to grant a 30-day extension to the 3/13/85 Council meeting. Mayor Kravitz called for a SECOND and hearing none, the MOTION died for lack of a SECOND. Mr. Schiff noted that if that Motion was approved, Mr. Bender would not agree to step down for that time period. City Attorney Henning distributed copies of Resolution 84-1.00 which indicates that Mr. Bender's term is a two-year term. He said this Commission is set by Florida Statutes and is unique from other committees. He said the one issue was whether or not the 45-day extension would be agreed to. He said V/M Stein has agreed to concede to the 45-day delay and he is agreeable to this; therefore, he would recommend proceeding with this. C/M Bernstein said he would like to reintroduce his MOTION for reconsideration. Mayor Kravitz noted this MOTION was to grant a 45- day extension of time provided Mr. Bender will not be an active member of the Planning Commission. Mayor Kravitz said he would relinquish his Chair and SECOND the MOTION. Carl Alper, resident, said as an attorney for 45 years, it has been the rules of the Court that when two attorneys agree upon a stipula- tion, their clients are bound by it. VOTE: C/M Bernstein Aye C/M Munitz Nay C/M Stelzer Nay Mayor Kravitz Aye C/M Munitz MOVED that a continuance of 30-days be granted without the stipulation that Mr. Bender step down from the Planning Com- mission during that time. C/M Stelzer SECONDED. C/M Bernstein said he would like Mr. Henning's views on the MOTION. Mr. Henning said the MOTION is legal and gives Mr. Schiff one month's time for preparation. Mr. Schiff said he is asking for 45 days in order to avoid a rerun. He said he will be ready in 45 days and 30 days may not be enough. 16 2/13/85 /pm City Attorney Henning agreed with Mr. Schiff that they had reached an agreement for 45 days with Mr. Bender stepping down during that time; however, the judges in this case, the Council, have not accepted this stipulation. Mr. Schiff requested Council reconsider the City Attorney and V/M Stein's proposals to grant the 45-day extension. VOTE: C/M Bernstein Aye C/M Munitz Aye C/M Stelzer as the SECOND, asked C/M Munitz, maker of the MOTION, if it was for 30 days to March 13th and C/M Munitz replied, "That's right". C/M Stelzer Aye Mayor Kravitz Nay City Attorney Henning asked Council to consider whether this will be heard at the Regular 3/13/85 Council Meeting or a Special Meeting. Mayor Kravitz said he would prefer a Regular Meeting. Mr. Schiff said he appreciated a continuance but in light of the spirit in which it was given, he objected. He said there is nothing he can do except go back to Judge Reasbeck for a judgement on whether this continuance of 30 days is reasonable. 12. MunicipalC„Qmp1ex - Tract 3EA - Report by Beautification Committee. Discussion and possible action. SYNOPSIS OF ACTION: Report was given by Florence Bochenek. The architect's drawings are to go to the Beautification Committee and the Planning Commission and then back to Council. Florence Bochenek, Chairman of the Beautification Committee, said several weeks ago the Beautificaton Committee was presented Land- scape Plans for the Municipal Complex. She said after examination, they found they were not to their liking and they requested a Work- shop Meeting be held for discussion of this. She said shortly after that the Planning Commission also had their meeting and found many objections as well. She said a Joint Workshop of the Council, Planning Commission and the Beautification Committee was held and they made their views known. She said the architects were there and many of the things mentioned to them were noted; unfortunately, at that time they realized that approximately 70% of the plans had been completed. Mrs. Bochenek said the Beautification Committee is charged with maintaining the beauty of this City and they were disturbed that they did not have input into the plans of the Municipal Complex. She said at the last Beautification Committee Meeting, Mr. Miller of Miller & Meier came when the meeting had adjourned. She said he showed them revised plans which are not exactly what they wanted; however, they did attempt, without any great expenditure, to modify the plans that had been presented. She said the traffic pattern has been changed and they have -adjusted the parking situation as well. She said the building itself has been moved forward and the entire area looks better. She said at this point she is hopeful the plans will come back to the Beautification Committee. V/M Stein MOVED to ACCEPT the report of the Beautification Committee and the MOTION DIED for lack of a SECOND. 17 A 2/13/85 /pm City Manager Johnson said Council needed to take action to instruct the architect that Council approves the revised plans. He said the revisions must be approved so that the architect can go back before the Planning Commission and the Beautification Committee. City Attorney Henning said the Council must direct the architect on what to do. He said the architect has submitted three invoices and the test borings are required for the Police Department regardless. He said there will be a few hundred dollars for the architect to produce the curb cut and up to $10,000 to redo the plans. He said Council must instruct the architect what to do at this point. V/M Stein said either Council decides that this plan is accept- able and authorize Miller & Meier to proceed and authorize $10,000 payment or Council may decide to send this back to the Beautification Committee for their comments. Mrs. Bochenek said the plans should be shown to the entire Beautification Committee. Arthur Gottesman, Chairman of the Planning Commission, said in this discussion, Council is bypassing the Planning Commission. He said the Planning Commission must see the plans after the Beautification Committee. City Attorney Henning said the plans have to be approved by the Planning Commission. V/M Stein MOVED that the new plans of the Municipal Complex be sent to the Beautification Committee for their comments. City Manager Johnson said there are no new plans, only a rough sketch. C/M Munitz SECONDED the MOTION, Helen Massaro, resident, said the Motion should be that it go to both bodies for their recommendations. City Attorney questioned whether the rough sketch was in acceptable form to go to the Beautification Committee. Mrs. Massaro said if it is not in a form that is acceptable, it should not go to anyone. Richard Rubin, Consultant City Planner, said the drawings Mr. Kenyon has are conceptual. He suggested they go to both Beautification and the Planning Commission in this form and upon their approval, it would be finalized by the architect and come before Council. V/M Stein reworded his MOTION to state that the plans be brought before the Beautification Committee and the Planning Commission for their comments and C/M Munitz, as the SECOND, agreed. Usk" W 24. Residential Zoning District RequirmQnts - #1159 - Discussion regarding a proposal to increase the minimum net floor area of the various residential zoning districts. SYNOPSIS OF ACTION: TABLED until after the meeting of the Planning Commission subcommittee, scheduled for 2/15/85. (See Pages 19, 21 & 22). City Attorney Henning read Temn. Ord. #1159 by title. Mr. Henning said this was the 2/12/85 revision of Temp. Qxd, - V/M Stein said on November 15, 1984, he asked the City Planner and City Attorney to investigate the legality of increasing these square footages. He said he felt the square footages in the Code now are insufficient to protect the City under everyday acceptale conditions. He said he has often heard builders state that small units reduce the value of surrounding properties and bring the wrong kind of people. 18 2/13/85 /pm Richard Rubin said at the Pre Agenda Meeting, Council asked that this be placed on the agenda for a status report. He said at V/M Stein's request, staff reviewed the minimum floor areas of adjacent cities and determined that Tamarac's floor area requirments are less than surrounding cities. He said Tom._ Ord. 41159, which was revised on 2/12/85, proposes to increase the minimum floor area. He said the Planning Commission has set up a subcommittee to work with the City Planner to verify the accuracy of the information and to recommend to Council the proper minimum floor areas for multi -family dwellings. Mr. Rubin said they have requested 'the subcommittee meet this Fri- day, 2/15/85, at 11:00 A.M. to review this proposal. and they will then submit this to Council. He suggested this be Tabled until after their meeting. V/M Stein MOVED to TABLE this item until after the meeting of the Planning Commission subcommittee, SECONDED by C/M Stelzer. C/M Bernstein Nay C/M Munitz Nay C/M Stelzer Aye V/M Stein Aye Mayor Kravitz Aye Mayor Kravitz recessed the meeting until 1:30 P.M. for lunch. Tape 5 Mayor Kravitz called the meeting to order at 1:30 P.M. 1 PIN�. FifYQi_0 Mayor Philip B. Kravitz Vice Mayor Sydney M. Stein Councilman Raymond J. Munitz Councilman Allan C. Bernstein Councilman Jack Stelzer Elly F. Johnson, City Manager Jon M. Henning, City Attorney Carol E. Barbuto,Assistant City Clerk Patricia Marcurio, Secretary 21. - F anchi,ge_Fees - Discussion and possible action to authorize the City Attorney to prepare an amendment to Ordinance 83-39 establishing a non-exclusive franchise for this company by increasing the fee paid to the City from three (3%) percent to five (5%) percent. SXN9P,9%,S. QF- ACTION: Council voted not to increase the franchise fees from 3% to 5%. V/M Stein said Council has received a letter from American Cable - systems requesting an increase from 3% to 5%, which the public would have to pay. He MOVED that Council will not increase the franchise fees from 3% to 5%. SECONDED by C/M Munitz. 19 2/13/85 /pm City Manager Johnson said as a point of clarification, no-one asked for consideration of a rate increase. of -RA ;1.ONO i' ` 13. Recreation Building - Tamarac Park.- Discussion and pos- sible action on: a) Bid Award for construction - Temp— Rezo. #3493 b) Development Order #148-1 - Revised site plan to add this building - Teme4. #3513 SYNOPSIS Q,� ACTION: a) Tip,_ o-- 43.493 was REMOVED from the agenda because the bids for subcontractors were unresponsive. The City Manager was authorized to begin negotia- tions with the general contractors to submit bids for Council con- sideration. b) APPROVED_.which was Agendized by Consent, with RESOLUTION NO. R-85-37 PASSED. conditions issuing Development Order #148-1 for a revised site plan for the recreation building at Tamarac Park Recreation Center. a) Mr. Henning said there is no award for the bid on this item; there- fore, a Resolution was not prepared. He said the bids were unresponsive for the request for subcontractors for the project. He said the bids came in for general contractors to do the job and he suggested Council authorize the City Manager to negotiate with the lowest bidder of the general contractors. V/M Stein MOVED to authorize the City Manager to negotiate with the general contractors to submit bids for Council consideration, SECONDED by C/M Munitz. Mayor Kravitz questioned whether T.Qmp_._Reso. #3493 must be removed from the agenda and Mr. Henning said that could be part of the MOTION. V/M Stein accepted this amendment,to the MOTION, as did C/M Munitz as the SECOND. b) Mr. Henning said Temp. Res4. #3513 should be Agendized by Consent and C/M Bernstein so MOVED, SECONDED by C/M Munitz. Mr. Henning read Temp. Reso. #3513 by title. Richard Rubin, Consultant City Planner, said last year Council authorized preparation of plans for construction of a recreation building. He said according to Council's procedures, all site plans must be reviewed by the Planning Commission and Council. He said the Planning Commission reviewed this project about a month ago and recommended approval subject to revising the site plan to show more calculations and tables. He said this includes those additional items that were requested by the Planning Commission and this is now before Council for acceptance of the revision to the site plan. 20 2/13/85 /pm V/M Stein MOVED APPROVAL of Tp.M� Rea.Js_ #3513, SECONDED by C/M Munitz. V©TE : ALL VOTED AYE LEGAL AFFAIR 24. k-eigideatial- Temp, Qrd. 411.59 - Discussion regarding a proposal to increase the minimum net floor area of the various residential zoning districts. SYNOPSIS, Q'ACTION: TABLED previously (See Page 18). and RECONSIDERED (See Below). V/M Stein said the reason he Moved to Table this previously was because Mr. Rubin had suggested that it was going to go to the Planning Commission to review the amount of numbers and would come back to Council afterwards. He said this would delay this item for two meetings and he, therefore, MOVED to RECONSIDER this item, SECONDED by C/M Munitz. ME: ALL YOTED_ AYE -GKILL 14. 2�j_jc WQrks DgV=1ment - Discussion and possible action to waive the formal bidding procedures, pursuant to Section 9-35 of the Code, and authorize the City Manager to submit a bid to the City of Hollywood for the purchase of one (1) used street sweeper in an amount not to exceed $5,000.00. SYNQ SP IS 0 ACTION: Council waived formal bidding procedures and authorized the City Manager to submit a bid to the City of Hollywood for the purchase of one used street sweeper in an amount not to exceed $5,000.00. City Manager Johnson said the funds are in the budget for equipment and the Public works Director suggests that this would help in the areas such as Commercial Blvd. Mayor Kravitz noted that the City Manager is requesting authoriza- tion to proceed and C/M Munitz so MOVED, SECONDED by V/M Stein. VOTE: ALL_Y.QT1P_AXE. LEGAL IR 24. Requirements - 1.•.1,J1,59 - Discussion regarding a proposal to increase the minimum net floor area of the various residential zoning districts. SYNOD pF TION: TABLED (See Page 18). RECONSIDERED (See Above). City Clerk was directed to advertise a Public Hearing for the 2/27/85 Council meeting after 5:05 P.M. V/M.Stein said this item should have been noted as First Reading on the agenda. Mr. Henning said there will be Public Hearings after 5:05 P.M. at the next two Council meetings and this Ordinance was not noticed on the agenda for First Reading but does affect more than 5% of the City and would fall in that category. 21 2/13/85 `.. /pm Mr. Henning said this cannot be a First Reading today because it must be after 5:05 P.M. and duly advertised. He said Council should direct that this be placed on the next Council Agenda for First Reading after 5:05 P.M. and appropriately advertised. He said it will be directed to the Planning Commission for 2/20/85 for their input prior to the next Council meeting. V/M Stein MOVED to direct the City Clerk First Reading at the next Council meeting 5:05 P.M. SECONDED by C/M Munitz. to Agendize this item for as a Public Hearing after 15. Finance -Department - Discussion and possible action to waive formal bidding procedures, pursuant to Section 9-35 of the Code and authorize the City Manager to purchase one (1) Microdata 8- way computer from the City of Coral Springs in an amount not to exceed $2,600.00. 2QPSIS OF ACTION: The City Manager was authorized to waive the formal bidding procedures and purchase one Microdata 8-way computer from the City of Coral Springs in an amount not to exceed $2,600.00. City Manager Johnson said the Finance Director has requesteed that this be placed on the agenda and this would allow the Finance Department to add an additional terminal onto the main computer. He said it is his request that they authorize this. C/M Munitz MOVED authorization be given to the City Manager to pro- ceed with this purchase, SECONDED by V/M Stein. Y_QTE: ALL VQTED AYE 17. Municip,.l Ambulancg_O,e,r,yice - - Discussion and possible action to authorize the appropriate City officials to execute an Option to Purchase an Ambulance from Community Ambulance Service. 2B_U_ ilk_ ACTION: APPROVED authorizing the City Manager and City Attorney to execute this Option Agreement not to exceed $500.00 to purchase one 1981 Chevrolet G-30 Ambulance for a period to expire 4/5/85 for an amount not to exceed $10,500. The $500 will be included if the ambulance is purchased by the City. Paragraph 8 was deleted from the Agreement. RESOLUTION NO. R-85-38 PASSED. Mr. Henning read T-emp_.ResQ— 4,3496 by title. Mr. Henning said this is an insurance policy for the ambulance program. He said the City Manager's office and the Fire Chief have been actively negotiating with Community Ambulance concerning this and he recommended it. He said there is a $500.00 premium for this insurance policy. 22 'f 2/13/85 /pm Mr. Henning said the Community Ambulance Service has been in business for at least two years and they are in a dispute with the County because the County removed their license last February. He said they do not need all of the ambulances that they have now. He said the City has a hearing scheduled with the County Commission for 2/21/85 and the City wants to have the ambulance system in operation. Mr. Henning said the City ordered two ambulances and they have been delivered. He said there is an Emergency Medical Services Advisory Committee, who act as an advisory board to the County Commission, with 5 voting members. He said when Tamarac was discussed, one of the arguments was that Malcolm Cohen of Medics Ambulance, said Tamarac needs 2-1/2 ambulances. He said Tamarac would only be running emergency services and Mr. Cohen is running emergency and other services. He said if this issue is raised again at the 2/21/85 County Commission meeting, the City can show that there is an option to buy an ambulance. He said the ambulance has been inspected by the Fire Chief and the cost is $500.00. Mr. Henning said for 60 days the City has the right to exercise this option to pay Community Ambulance the purchase price, which is $10,500.00 for the ambulance. He said the equipment involved would be an additional amount of $1,875.00. He said with the money that has already been spent and an additional amount of approximately $11,000.00, he felt this would be good insurance for the City. C/M Munitz questioned whether there had not been an agreement with Sunrise for a back-up ambulance and Mr. Henning said Tamarac has a back --up agreement with Sunrise for coverage when Tamarac's vehicles are out of service for maintenance purposes, they will loan the City an ambulance for a day or two. Mr. Henning said that still leaves only two ambulances in service in Tamarac. He said the Community Ambulance would be the third ambu- lance in case the County stipulates that it is necessary to have more than two ambulances. Irving Fenichel, former Chairman of the Ambulance Committee for the City of Tamarac, said he would like to be on the Ambulance Committee with Fire Chief Simon and recommended that the City not purchase this ambulance. Mr. Henning noted that the City would only be paying $500.00 tomorrow if the option is accepted. He said the City could still go to bid and get a different ambulance. Vickie Beech, resident, asked if the City is denied an ambulance service by the County, what will become of the ambulances that have already been purchased. Mr. Henning said the City is saving money by running the ambulances even if they do not transport. He said the City is not running the fire trucks, which are more expensive to run. John Lachmann, resident, said he agreed that the amount for this second-hand vehicle should be reduced. Arthur Gottesman, Chairman of the Planning Commission, asked if this second-hand vehicle will pass certification and Mr. Henning said yes. Mr. Gottesman asked if the option price was included and Mr. Henning said yes. V/M Stein MOVED to authorize the City Manager and City Attorney to execute this Option Agreement not to exceed $500.00 for the purchase of an ambulance not to exceed $10,500.00, which $500.00 will be included if the City decides to purchase the ambulance. He said this APPROVES , SECONDED by C/M Munitz. 23 2/13/85 /pm Mr. Henning noted that Paragraph 8 of the Agreement should be de- leted. VOTE:ALL • PUBLIC V.Ex 26. t Florida D/B/A,Richa O Simmons Anatomy A.gylum - Petitijo.IL 434_--Z-84 - -- Discussion and possible action on a special exception request for an Athletic Club with appropriate accessory uses at Shep- pard Plaza., 71.38 University Drive. a) Acceptance of Affidavits of Publication, Mailing and Posting b) Consideration of application. SYNOPSIS OF ACTIQN: RESOLUTION NO. R-85-42 PASSED. a) ACCEPTED Affidavits of Publication, Mailing and Posting. b) APPROVED Temp._Reso. #3498 with conditions. Public Hearing was held. a) Mr. Henning read TgMp,_Reno. 48498 by title. Mayor Kravitz asked the Assistant City Clerk for verification of receipt of Affidavits of Publication, Posting and Mailing and she verified same. V/M Stein MOVED ACCEPTANCE of the Affidavits of Publication, Posting and Mailing, SECONDED by C/M Munitz. b) Richard Rubin, Consultant City Planner, said the proposed Richard Simmons Anatomy Asylum is proposed for Sheppard Plaza on University Drive north of McNab Road. He said the zoning of the property is B- 2, which is proper zoning, however, all types of uses such as this require a special exception approval. He said staff and the Planning Commission have reviewed this and approval is recommended subject to his memo to Council dated 2/6/85 which includes the 4 conditions of approval: 1. The drawing indicates that there is a door at the eastern end of the room marked "Nursery". 2. The word "Nursery" be eliminated. 3. The emergency exit on the east wall be properly indicated on the drawing. 4. Sufficient signs be placed within the building indicating the desired use of the rear parking lot. Mayor Kravitz opened the public hearing. Barry Eden, Attorney appearing on behalf of Tamarac Spa, Inc., which is the owner of the Jack LaLanne facility on McNab Road and NW 80 Ave., said when Jack LaLanne was opened in Tamarac he was instrumental in getting involved with the Ordinance and the State has a requirement of a $25,000.00 bond being posted. He said before the spa could sell memberships, that bond had to be posted and proof had to be submitted to the City that this bond was posted. He said his client has prepared a map which shows the spas that have closed and those that are presently opened in the area and the spas that are closed are within this general vicinity. Mr. Eden noted that his client, Jack LaLanne Spa, has honored the Cosmopolitan Lady memberships when their spa closed recently. He questioned whether there was a need for an additional health club in this area. Mayor Kravitz closed the public hearing with no further response. 1 24 2/13/85 /pm C/M Munitz asked Mr. Henning if the State law referred to by Mr. Eden is being complied with and Mr. Henning said yes. He said there is a State Statute that requires bonding for health clubs that open and accept payment for advanced membership. He said the law states that memberships cannot be sold in excess of 3 years and a bond must be posted which is supervised in Tallahassee. He said he would like a fifth condition of approval that any State Statute requirements for bonding would be satisfied before they go into operation. He said Cosmopolitan Lady did have a bond. V/M Stein said Council should not judge whether or not there is a need for a particular type of business in the City. He said if they comply with the law it is incumbent upon Council to follow the Planning Commission and staff's recommendations of approval. He MOVED APPROVAL of with the 5 conditions stipu- lated. SECONDED by C/M Munitz. C/M Munitz questioned the parking situation at this location and Mr. Rubin said there is more than adequate parking per City Code. He said the Planning Commission is reviewing a proposed change to the parking standards that would affect the health club and require more parking but has not been advertised for public hearing and could not be applied to this specific proposal. C/M Munitz said he would like to see the parking in the rear stressed more strongly. Mr. Eden asked the City to keep a map he has prepared on file show- ing the various spas in the general area, that have gone out of business. Mr. Henning said if the City is accepting this Exhibit, it should be explained for the record. Anita Katz, who prepared the map, displayed the map for Council's review. She gave this to the Assistant City Clerk for the City files. Tape 6 C/M Munitz said he would like the parking situation clarified. V/M Stein said there is enough parking at that location. C/M Bernstein said the City's requirements for parking are inadequate causing a number of areas in the City to have serious parking problems. He requested the applicant address the question of whether additional parking could be provided. Phil Roller, Vice President of Exercise Centers of Southeast Florida, said they are a subsidiary of Bally Manufacturing Company with approximately 300 clubs internationally. He said the parking is more than adequate at this shopping center. He said the overweight classes and exercise classes are only one hour and the people will only be there for about that time. He said they have a sign made that will be put on the underhang opening to the rear stating that there is additional parking for Richard Simmons Anatomy Asylum at the rear of the shopp- ing center. Y_QTB : ALL -ZQD_ AYE 27. C-Qtx_u_ �. Trailers - T - Discussion and possible action on creation of Section 15-7 of the Code to provide for the placement of construction trailers on building sites. Second Reading. ORDINANCE NO. 0-85-3 PASSED. APPROVED on second and final reading. Public Hearing was held. Mr. Henning readby title. Mr. Henning said there have been no revisions since first reading and this is a housekeeping Ordinance to take the present trailer Ordinance and codify it into the Code Book. 25 2/13/85 /pm Mr. Henning said this addresses merely temporary trailers for construction purposes and has been authorized already in an earlier Ordinance that was not in the Code Book. Mayor Kravitz opened the public hearing. Vickie Beech, resident, asked Mr. Henning if there would be a time limit on this and Mr. Henning said this is addressed in the language in the text of this Ordinance, "Where a builder holding a valid, active engineering and/or building permit desires to place a mobile vehicle or trailer upon his premises as a temporary construction office, he may apply for a 6 month permit for such vehicle on payment of fee of $50.00 and certification of safety, etc.". He said the problem Ms. Beech was addressing is a Grandfather clause in the court orders. Mayor Kravitz closed the public hearing with no further response. V/M Stein MOVED APPROVAL of demo on second and final reading, SECONDED by C/M Bernstein. C/M Munitz questioned Page 2 of the Ordinance, Lines 6 and 7, "at the end of the 90-day period, no extension or removal of this temporary permit may be granted." He asked if that was not contra- dictory to the other language in the Ordinance. Mr. Henning said the first portion requires a permit that is granted in 6-month intervals and the b) portion is a waiver provision where a builder demonstrates such a need to place a trailer for a temporary office prior to the issuance of a permit, he may have it for 90 days. 48. AnDpinting Bond_ReaistrarZPaying Aae�1t _for General Obj_gAtion B_Q�.a - Temper Rgso. #3516 .- Discussion and possible action. 'NOPSIS Of ACTION: Agendized by Consent. (See Page 1). APPROVED Barnett Bank at a fee in the amount of $1,000 per year plus reimbursement for actual out-of-pocket expenses. RESOLUTION NO. R-85-58 PASSED. Steve Wood, Finance Director, said they are trying to get the official statement for the General Obligation Bonds to the printer this week and to do such, they must appoint a Bond Registrar/Paying Agent this week in order to be included in the official statement document. He said he has solicited proposals from four bank trust departments, three of which were recommended by the City's Bond Counsel and Financial Advisor since they performed the bulk of this business throughout the State of Florida. He said he also included. NCNB because they are Tamarac's depository and under the original GO Bond, the City is required to include them on all bid lists for bonds. He said the results are a bit confusing but, the actual low bid is Barnett Bank of Jacksonville, Florida, at a cost of $1,000 per year plus reimbursement for actual out -of --pocket expenses. He said the "out-of-pocket expenses" primarily mean the postage related with the mailing of the checks for interest to the bond holders. He said Barnett Bank is his recommendation. Mr. Henning said he is distributing the Resolution with a memo attached with the other banks who solicited proposals listed. Mr. Wood said the banks they solicited from are Barnett Bank at $1,000 per year plus reimbursement for actual out-of-pocket expenses, Southeast Bank with a fee of 1-1/2 basis points on the outstanding principle balance per year plus $.50 per check and actual out-of-pocket expenses with a $750 annual minimum, 1-1/2 basis points on an 8 million dollar issue is $1,600. 26 2/13/85 /pm Mr. Wood said Sun Bank bid $1.50 per Certificate issued at closing and $1,800 annual fee plus actual out-of-pocket expenses. He said NCNB bid $3.25 per account maintained on file annualized, $2.00 per Certificate issued and registered, $2.00 per check issued and reconciled, $1.00 per bank withholding per account, $1.00 for processing of return W-9 forms and miscellaneous expenses, which are out--of-pocket expenses. He said NCNB is also a $1,000 minimum per year; however, these other costs would make it much more than $1,000. Mr. Wood said all of these institutions understand that they will be contacted again by the City concerning the water and sewer revenue issue. V/M Stein MOVED APPROVAL of , inserting the name of Barnett Bank in Section 1 and in the Whereas clause. SECONDED by C/M Munitz. C/M Munitz asked Mr. Wood if Barnett Bank was recommended by the Bond Counsel and Mr. Wood said the Bond Counsel and the Financial Advisor do not want to make a recommendation as to which bank the City should select because they deal with all of these banks on an annual basis. 50. Ype�XA'uo i -t€e - Amember, - Temp, Reno,,,,, #3515 - Discussion and possible action to appoint one member to this committee. SYNOPSIS OF_ACTIO: Agendized by Consent. (See Page 1). TABLED to the 2/27/85 Council meeting. Mayor Kravitz said this was put on the agenda to announce a vacancy and Irving Zucker was recommended for appointment. Mr. Henning read Temp,_ &sow #3515 by title. C/M Munitz said this was the only application and he MOVED to TABLE this item to the next regular Council meeting, SECONDED by C/M Bernstein. YQT : ALL VQT„ED AYE C OMMUN ITj?DEVELOPMENT 51. �44�1s�_Ls��_�les Center, - Discussion and possible action concerning an extension to the model sales permit _ Temp. Reso, #3514. ACTIQ: Agendized by Consent. (See Page 2). APPROVED the temporary extension RESOLUTION NO. R-85--57 PASSED. permit to and shall expire on 4/15/85. Mr. Denning read gyp.Re #3514 by title. Mr. Henning said Mr. Epple explained that this model sales permit expires on 2/15/85. He said they have a permit for their model office on Tract 56 and they had hoped to have their platting procedure recorded and completed by now which would remove them from this exception. 27 2/13/85 /pm Mr. Henning said they received one 60-day continuance already and they are asking for another 60 days during which time they plan to have their plat recorded. V/M Stein MOVED APPROVAL of Temb. _$�Bo., SECONDED by C/M Munitz. 28. W9odmont T,r,a„g,t64 - Discussion and possible action to approve: a) Assignment of an Easement and Option Agreement between LACA Investment Company, assignor and Woodmont Corporation, assignee by Temp Reso. „13500 b) Release of the $2,000.00 cash bond posted to guarantee removal or demolition of a temporary structure by gyp,, Reso. #3501 RESOLUTION NO. R-85-43 PASSED. a) APPROVED b) TABLED to the 2/27/85 Council meeting at the request of the Chief Building Official. a) Mr. Henning read �'tg�, ,Dp_. _3B00 by title. Mr. Henning said this was submitted by Woodmont's attorney and this is basically a changed ownership and the obligations are being transferred to the new owner and he recommended approval. V/M Stein MOVED APPROVAL of , SECONDED by C/M Bernstein. .V-QTB : b) Mr. Henning read _3501 by title. Mr. Henning said there is a memo from the Chief Building Official in Council's backup which recommended a Tabling to the next meeting because there is a problem in the way the property is being restored V/M Stein MOVED to TABLE this item to the next regular Council meeting based on the recommendation of the Chief Building Official, SECONDED by C/M Munitz. A_ ir.... •. .0 i. 29. Bol ort_ Proiectainas_.Rgint - gip. Reso- _13499 -- Discussion and possible action to release a cash demolition bond in the amount of $2,100.00 posted to guarantee demolition or removal of the entrance. SYNOPSIBJQ �: APPROVED releasing a cash demolition bond in the amount of $2,100.00 posted to guarantee demolition or removal of the entrance. RESOLUTION NO. R-85-44 PASSED. Mr. Henning read by title. 28 2/13/85 /pm Mr. Henning said Lennar Homes, Inc. has had their plat recorded and he recommended the bond be released. V/M Stein MOVED APPROVAL of T Zan, j,eso_ #_U9 , SECONDED by C/M Bernstein. VQT9: ALjj . IQTED AYE 30. - ..&.vised Site Plan - -Discussion and possible action to approve a temporary service drive. SYNOREIS OF AC21,0: APPROVED issuing Development Order 0-56-4 for a revised site plan for a temporary service driveway. RESOLUTION NO. R-85-45 PASSED. Mr. Henning read ..by title. Richard Rubin said the applicant is building Kings Point Clubhouse in two phases and there is a need for a temporary service drive to provide truck access to Phase 1 which was not included on the orig- inal site plan and a revised site plan was required. He said he recommends approval. V/M Stein MOVED APPROVAL of , SECONDED by C/M Munitz. 31. Tamarac G�3Ydens —Discussion and possible action to approve: a) Permit for a model sales facility for a one bedroom model. b) Waiver of the 300-foot distance requirement from residents to models. a) APPROVED model sales permit for 6 months and to expire on 8/13/85. b) APPROVED a waiver of the 300-foot distance requirement for certificates Of occupancy for 6 months and to expire on 8/13/85. a) Richard Rubin said staff recommends approval. V/M Stein MOVED APPROVAL of the permit for a model sales facility for a one bedroom model, SECONDED by C/M Munitz. VOTE: b) V/M Stein MOVED APPROVAL of the waiver of the 300-foot distance requirement for certificates of occupancy, SECONDED by C/M Munitz. 32. l ink s � � � ,i��i__l2S_unsej__Isle - Rgtiiagd Si P. Plan - - Discussion and possible action to approve a sun canopy awning at the clubhouse. RESOLUTION NO. R-85-46 PASSED. Mr. Henning read by title. 29 2/13/85 /pm Mr. Rubin said staff recommends approval and C/M Munitz MOVED APPROVAL of Temn_.U,�.Q. J35Da, SECONDED by C/M Bernstein. VOTE: AbLMIDLAYZ. 33. Island C _ub Ap-.rtments - Reyize-d_ -Sits Plan - Temp_. eso. 13505 - Discussion and possible action to approve revised finished elevations. YMPSIS_ Q ' ACTION: APPROVED with conditions. RESOLUTION NO. R--85-47 PASSED. Mr. Henning read�g. Rgo.5 by title. Mr. Rubin said Council approved this project approximately 6 months ago and the applicant had proceeded to obtain the permits from the various water management districts. He said at this time it was determined that he could lower his building by half a foot; however, the City said there would be no objections if it was engineering acceptable but would require a revised site plan. He said the applicant has submitted a revised site plan and staff recommends approval. V/M Stein MOVED APPROVAL of Temp. Reso. #3505, SECONDED by C/M Munitz. The conditions of approval recommended by the City Planner .are: 1. Developer must construct each building with the finished floor elevations 18-inches above the average height of the adjacent roadway. 2. No building permits are to be issued until the South Florida Water Management District and Broward County Water Resources approve the request. C/M Munitz asked what the elevations were in surrounding areas and Michael Ambrose, Engineerfor Island Club, said Lakeside, which is immediately adjacent, has their finished floor elevation at 1.010". He said Island Club was at 10'8" and they are a couple of tenths higher than Treehouse. He said Broward County recommended 1010" and they are now compatible with the adjacent property. 34. 2-atio Homes a F,girmont - Model Sales Facility - Discussion and possible action to renew a model sales permit for this project. 2YNQU-1.9_ F- A-MTOF : Discussed and action held for later in the day. (See Page 32). Mr. Henning said Patio Homes at Fairmont is in the hands of Cypress Savings Association and they submitted a check for this model sales permit renewal fee in the amount of $150. V/M Stein asked if there were other outstanding fees due and Mr. Henning asked that this item be held for later in the day to allow him time to check with the Finance Department concerning this. Mayor Kravitz held this item for that purpose. 30 2/13/85 /pm 35. Versaill„p,,Q_,.G,ardens - SignWaiyer - Temp. Reso. #3502 - Discussion and possible action on a request to renew a sign waiver for one year for a temporary community directional sign erected on the northwest corner of NET 80 Avenue and McNab Road. -1-O. N : APPROVED renewal of a sign waiver for one year from 2/22/85 and to expire on 2/22/86. RESOLUTION NO. R-85-48 PASSED. Mr. Henning read Temp. Rga.Q._#3502 by title. V/M Stein MOVED APPROVAL of Temp Reso. #350.2,, SECONDED by C/M Munitz. VOTE: A,W,µ_` -QTZD AYE St-ructure -- Discussion and possible action to renew a permit for this trailer (tabled from 1/23/85 for payment of fee -- permit expired 1/26/85). , LMU2 OF A_CZE&: APPROVED renewal of a permit for this trailer for 6 months from 1/26/85 and to expire on 7/26/85. V/M Stein MOVED APPROVAL of renewal of a permit for this trailer, SECONDED by C/M Munitz. LAWSMOYY 37. Txgkhouse Ayajtmg�nts - _Sales F9jcility - Discussion and possible action to renew a model sales permit and waiver of the 300--foot distance requirement for certificates of occupancy (tabled from 1/23/85 for payment of fee - permit expired 1/27/85). The City Clerk was authorized to notify the applicant that they have 7 days to remit the fee or their model sales facility will be closed. Mayor Kravitz asked the Assistant City Clerk if the fee due was received and she said no. Mr. Henning said Council could order them to pay the fee within 7 days or the model sales facility could be closed. V/M Stein MOVED to authorize the City Clerk to notify them that they have 7 days to remit the fee or their model sales facility will be closed, SECONDED by C/M Munitz. 40. 1985 S.txeet Rgsulfagima PI-Q-glam,- Discussion and possible action to authorize the Engineering Department to resurface seven (7) streets. SYNOP210 OF ACTION: TABLED at the request of the City Manager to the 2/27/85 Council meeting. Tape 7 City Manager Johnson asked that this item be Tabled to the 2/27/85 Council meeting. V/M Stein so MOVED, SECONDED by C/M Munitz. VOTE 31 2/13/85 /pm 41. Forget 5.!A d 2 - Discussion and possible action on: a) Acceptance of a Utility Easement for installation and main- tenance of public utilities - Temp, Reno._#3506 b) Acceptance of a Bill of Sale Absolute for water distribution and sewage collection system - Temp. je ag. #3507 SYNOPS_J,S_ OF ACT ION APPROVED a) and b) . RESOLUTION NO. R-85-53 PASSED. RESOLUTION NO. R-85-54 PASSED a) Mr. Henning read Tem8. Reso- #3506 by title. V/M Stein MOVED APPROVAL of Temp, SECONDED by C/M Munitz. C/M Bernstein Absent C/M Munitz Aye V/M Stein Aye Mayor Kravitz Aye b) Mr. Henning read Tgmps Res.o,._#3507 by title. V/M Stein MOVED APPROVAL of Tema._ftso._#3507, SECONDED by C/M Munitz. C/M Bernstein Absent C/M Munitz Aye V/M Stein Aye Mayor Kravitz Aye 34. Patio Homes at FAIrmpnt -- Model__ ales_ Facility - Discussion and possible action to renew a model sales permit for this project. BYNM-12--OF ACTIQ.: Discussed on Page 30 and HELD for further discussion. APPROVED renewal of the model sales permit for 6 months from 2/15/85 and to expire on 8/15/85. Mr. Henning said Mr. Wood confirmed that since the foreclosure action by Cypress Savings in December, 1984, they have brought all agreements up-to-date. V/M Stein MOVED APPROVAL, SECONDED by C/M Munitz. VOTE: C/M Bernstein C/M Munitz V/M Stein Mayor Kravitz \, 32 2/13/85 /pm Absent Aye Aye Aye 42. Piccadilly Cafeteria -Discussion and possible a) Release of a performance bond in the amount for public improvements - Temp- Reso. #3508. b) Release of a performance bond in the amount for road improvements - Temp. Reso, #3509 SYNOPSIS ,,..QF. ACTION: a) APPROVED releasing Bond #04-012016354-83 in the amount of $41,707.00 subject to receipt of a one- year warranty bond in the amount of $14,427.38 and payment of additional engineering fees in the amount of $2,527.73. b) APPROVED releasing Bond #04-0120-16463-83 in the amount of $11,050.50 subject to receipt of a one-year warranty bond in the amount of $2,762.62. action on: of $41,707.00 of $11,050.50 RESOLUTION NO. R-85-55 PASSED. RESOLUTION NO. R-85-56 PASSED. a) Mr. Henning read Z=-. Rug, #3508 by title. C/M Munitz asked if Council is to assume that the one-year warranty bond in the amount of $14,427.38 and the additional engineering fees in the amount of $2,527.73 have been received. V/M Stein said approval would be conditioned upon receipt of these monies. Mr. Henning read in part a memo dated 1/17/85 to the City Clerk from Bob Foy, Deputy City Engineer: "We have received an approved as - built drawing and certified actual cost which indicates an addition- al $2,527.73 is due and the warranty bond in the amount of $17,190.00. Our recent inspection indicates that the public improvements are complete and satisfactory. We recommend that the bond be released subject to the conditions." C/M Munitz MOVED APPROVAL of ., SECONDED by C/M Bernstein. C/M Bernstein Aye C/M Munitz Aye V/M Stein Absent Mayor Kravitz Aye b) Mr. Henning read Te p. Reso__LUg,9 by title and recommended approval. C/M Munitz MOVED APPROVAL of Temp. Reso. ,#3509, SECONDED by C/M Bernstein. 43. Turnpike =ility Ba ocatiB B-qxegme ,:L_.N-Q 84-9 - Temp. Reso. #3510 - Discussion and possible action to approve an agreement with Williams, Hatfield and Stoner, Inc. to do the work on this project. SYNQUIS-OF ACTION: The Resolution was REMOVED from the Agenda. APPROVED Agreement No. 84-9 with Williams, Hatfield & Stoner, Inc. to do the work on this project at an estimated expense of $140,000.00. Mr. Henning said in the past engineering contracts have been approv- ed by Motion; therefore, he recommended the Resolution should be deleted from the Agenda on this item and the next item. He said there is work to be done on the Turnpike and the City has utilities under the Turnpike. He said the State has notified Tamarac that these utilities must be moved, repaired or updated. He said this must be timed in coordination with the State Department of Transpor tction. v 33 2/13/85 /pm Mr. Henning said this item has two parts; first, an Agreement with the Department of Transportation which acknowledges that the City will coordinate with them and the City will do the work, pay for the work and pay for the design. He said pursuant to that agreement, the City has been negotiating through the normal statutory procedure regarding negotiations with various engineers to design the work. Mr. Henning said Council approved the ranking at a previous meeting and staff negotiated with Williams, Hatfield and Stoner, who is recommended as the first choice for this particular job. He said the price is approximately $9,000.00 and at this point it would be appropriate for the Council to consider this agreement. C/M Munitz questioned why Williams, Hatfield and Stoner is being used on this project and City Manager Johnson said they did all the hydraulic studies on all the water lines and know the location. He said he does not fee], anyone else will do this for this price and there is a deadline date of 3/l/85. C/M Munitz MOVED to APPROVE the Turnpike Utility Relocation Agree- ment No. 84-9, SECONDED by C/M Bernstein. C/M Bernstein Aye C/M Munitz Aye V/M Stein Absent Mayor Kravitz Aye 44. i t i es - No r t3d_'9��P1T� Station-s - Contlact - - Tcm.U.,A?,Pso. #3511 - Discussion and possible action to approve a contract with CH2M Hill to do the work on this project. y : TABLED at the request of the Utilities Director/City Engineer. Mr. Henning said Mr. Greenwood, Utilities Director/City Engineer, has requested a Tabling of the item while they are negotiating a contract. C/M Munitz so MOVED, SECONDED by C/M Bernstein. C/M Bernstein Aye C/M Munitz Aye V/M Stein Absent Mayor Kravitz Aye Mr. Henning reported that he went to the County Courthouse on 2/11/85 for the Motion for a temporary restraining order in the Public Hearing on Mr. Bender's case. He said the case has been assigned to Judge Reasbeck and he has found in the City's favor and will not delay the procedure. He said the City is scheduled for a Public Hearing on 2/21/85 at 10:00 A.M. at the County Government Center and he will be there requesting approval of the city's ambu- lance permit. He said the City has received the signed agreements on the backup ambulance from Sunrise at their Council meeting held last night. 46. Shy Manager ep9Lt - No report. 34 2/13/85 /pm 45. City CoUncil Reports C/M Munitzy - No report. V/M Stein - Absent. NxYD_r .Kr.,gYiZ - No report. SLM Beinztein asked the City Planner specifically about condo and rental facilities in the City and the size of units, parking requirements and on -site management requirements. Mr. Rubin said the City is proposing to increase the minimum floor area and this will be discussed over the next several weeks by both Council and the Planning Commission. He said concerning the amount of parking, multiple family communities that are orientated toward families require more parking than adult multiple family communities. He said the Planning Commission has requested that staff review increasing the parking for multiple family communities and, at their next meeting, they will be reviewing an Ordinance to increase park- ing for multiple family communities. He said the Court Order for Land Sections 4, 5 and 6 states that parking is under the City purview and this could be changed. C/M Bernstein asked if this should be reviewed by the Planning Commission first or the Council and the City Planner said he is getting the direction today that Council wants the multiple family parking reviewed carefully in terms of the entire City. He said this item will be placed on the agenda for the Planning Commission's next meeting. He said the third item regarding on -site management has been discussed several times by Council, the City Attorney and him with residents and members of the Broward County Housing Author- ity. He said it has been determined that a large sized rental project should have on -site management to control and manage the area. He said they have not as yet explored the possibility of adopting Ordinances on this. He suggested that perhaps Tamarac should be a front-runner in this matter. C/M Bernstein asked what. steps Council can take to implement this and Mr. Rubin said staff can review possible Ordinances regarding on -site management and this can be initiated immediately. Mr. Henning said for clarification that C/M Bernstein is directing the City Planner to begin work on various parts of the Code regarding these topics for rental housing. C/M Bernstein asked what problem there would be if a builder were to come to Council with plans before Council is ready to address these matters. Mr. Rubin said there is a Mini -Moratorium Ordinance which states upon the authorization of the Planning Commission to initiate a rezoning Ordinance, staff is prohibited from accepting any development for further review until the Public Hearings have been held. C/M Bernstein asked if a mini -moratorium would be a legal proedure and Mr. Henning said the Florida Statutes prohibit any special laws being enacted only for condominiums and, he assumed, this would also apply to rental housing. V/M Stein asked if a mini -moratorium can be invoked and Mr. Henning said yes. V/M Stein asked the City Attorney to report back to Council concerning this. 35 2/13/85 /pm 22. Lan-i_ Sect on_ 7 - .5.ettIernent__af_.jSI Suit - Temp. Reso. #3512, - Report by City Attorney. Discussion and possible action. SYNOPSIS RF AS,TIQN; APPROVED the concept as proposed subject to a Special Meeting to be called when the Agreement is finalized. Mr. Henning read T_e by title. Alan Ruf, Consulting City Attorney, distributed a memo to Council members. He introduced Mr. Keith and Mrs. Koker who are expert land planners hared and retained by the owners of Land Section 7. He said they are working with the seller and are developing sketches. He said for a period of approximately 3 years, the City has been in search of a parcel of land which might be purchased in the City on which to put holding ponds for the spray irrigation system and to provide a parcel for the deep injection well for holding areas that will be required to be auxiliary to the deep injection well. He said the City has been in negotiations with the owners of Land Section 71 Leadership Housing, and they are willing to convey to the City 45 acres of land in the northeast corner of the south half of Land Section 7. He said it would be bounded by a drainage canal on the north, Nob Hill Rd, on the east and by a roadway on the south connecting Hiatus Rd. and Nob Hill Rd. Mr. Ruf.said the purchase price of the property is approximately $21,000.00 per acre, totalling $942,187.50. Bill Keith, President of Keith & Schnars Engineering, Planners and Surveyors, displayed a study sketch of what is depicted as the overall south half of Land Section 7. He said on the west side there is the Sawgrass Expressway, that is the existing right-of-way that has been acquired by the Broward County. Expressway Authority. He said on the south side of the property is Commercial Blvd. and Hiatus Rd. goes south into the City of Sunrise. He said that would be the closest inter- section point that they would be allowed to the Sawgrass Expressway. He said details of further involvement could be worked out in plat- ting and site plan reviews. Mr. Rubin referred to a copy of a map of all of Land Section 7 and said McNab Rd. is one half mile to the north of this area. He said about half of the present site overlaps the proposed site and half is south of the proposed site. He said it will remain south of the 120-foot canal which has been included in all studies for Land Section 7. Mr. Ruf said the City will be given a credit against the total purchase price of $942,187.50 of $115,000.00 and a portion of that has already been paid on the lease that the City took which extends to 7/l/86. He said the figure of $115,000.00 was negotiated to attempt to compensate the land owner for approximately a year and a half to two years that the City is paying a rental. He said this acreage that the City is securing is net acreage, which is important since it will not be necessary to dedicate a portion for Nob Hill Rd. or the canal on the north. He said the City will also be getting an easement for all of Nob Hill Rd. that would be required to be dedicated at the time of platting. He said the people developing to the north have indicated that they would be anxious to get this road in place as soon as possible as an adjunct to the residential building being done north of McNab Rd. Mr. Ruf said in addition to the monetary consideration, the land owner is asking for a net 30 acres of commercial zoning south of the proposed utility facility. He said the present Land Use Plan calls for 14 acres of commercial zoning on the corner of Commercial Blvd. 36 2/13/85 /pm Mr. Ruf said that 30 acres will be in an area that is bounded by Nob Hill Rd. on the east, by Hiatus Rd. on the west, by a 4-lane divided highway on the north and by Commercial Blvd. on the south. He said the net area that lies within those boundaries is net 30 acres of commercial property. He said there is some negotiation that is still going on and the document he just presented to Council was just presented to him by the seller. He said there are no substan- tive problems with this but there are some negoiiating matters that may require Council to approve this conceptually today and call a Special Meeting when staff is confident that the document is in final form. He said the alternative to that is somehow giving authority to staff to finalize the document. He said in a matter of this magnitude, he does not want that responsibility. C/M Bernstein asked what the current assessed evaluation of the land is and Mr. Keith said he has no idea but he assured Council that the Expressway Authority, under threat of condemnation in the Order of Taking for the right-of-way for the Expressway, paid in excess of $40,000.00 per acre. C/M Bernstein asked if there was another purpose for the 4-lane highway that is shown on the sketch except to service that area and Mr. Keith said there are several purposes. He said considering the utility site the City is considering at that location, it does not seem feasible to have slow -moving traffic in and off of Nab Hill Rd. He said they have provided right -of way for a four -lane facility; however, if the City traffic consultants determine that a four -lane facility is not needed, it could be a two-lane facility. V/M Stein said rather than approve TeAP4__2gso,,._#3512, since it is uncertain what it will be like in final form, he MOVED to APPROVE the concept as proposed subject to a Special. Meeting to be called when there is a final Resolution. SECONDED by C/M Munitz. Alice Adams, resident, asked if the assessment on that property is available to the residents and Mr. Henning said the taxes in the past have been approximately $10,000.00 per year for the sludge farm. Ms. Adams asked how much that property is worth in dollars to Tape 8 the tax department which assesses the value of the property. Mr. Henning said through the condemnation procedure and the rapid implementation of the Sawgrass Expressway, whatever the assessment has been may be history since these assessments are changing very rapidly. Ms. Adams said she is referring to the property inside the area of Land Section 7. Mr. Henning said the City is not paying more than any assessed value. Vickie Beech, resident, said in the past when this negotiation was discussed, Mr. Ruf gave a figure of $16,000.00 per acre and she questioned why the figure is now $21,000.00 per acre. Mr. Ruf said the offer that this City made for 40 acres of land by Resolution is $20,900.00. He said they simply took the offer that was made previously, divided by forty to deter- mine what the "per acre" price was and multiplied by 45 to get the total price. He said this is not a new price. He said they negotiated with other land owners in the north half of Land Section 7 at $16,500.00 per acre before the Sawgrass Expressway was being advertised and he was told they should stay out of the north half of Land Section 7 because of its proximity to other residential areas. Dave Silverglide, President of the Isles of Tamarac Homeowners Association, said the residents are concerned as to whether or not this project will have a negative affect on the homeowners within a mile of that area. V 37 2/13/85 /pm Mr. Silverglide said they are concerned about odor problems, reduction of home value, etc. V/M Stein said the sludge farm is there now, therefore, the problems, if any, should already be known. He said presently the utility plant is located on very valuable land and the City is proposing to put this in the last remaining piece of land the City owns. He said the Council is trying to solve problems with this project. VOTE: (See Attachment 1) - - - - C/M Bernstein --Abstained because of a possible Conflict of Interest C/M Munitz Aye V/M Stein Aye Mayor Kravitz Aye 38. Tract 37 - Discussion and possible.action on: a) Development Order - Tgmp,__Re4,._. .4_79 b) Plat - Temb. _�.__48i1 c) Development Review Agreement (to be located east of Westwood Drive and south of NW 77 Avenue) (tabled from 1/23/85). RESOLUTION NO. R-85-49 PASSED. a) and b) APPROVED subject RESOLUTION NO. R--85-50 PASSED. to continuing investigations regarding fees with any objections being brought up at site plan review. c) APPROVED. a) Mr. Henning read by by title. Mr. Henning said this was before Council at the last meeting and there were some questions raised regarding various fees and these were all resolved. He said there was an understanding that the Drainage Retention Fee of $130.00 per acre has already been paid and credited to this land owner. He said the 5% dedication for drainage retention or payment of a fee in lieu of that will be satisfied at site plan approval. He said there was a question concerning the Recreation Fee applicability on this land, being in Land Sections 4, 5 and 61 being part of the subject of Court Orders in the Leadership Housing vs. City of Tamarac case, being under the jurisdiction of ,judge Weissing, and whether or not any recreation fees on a unit basis were due to the City. Mr. Henning deferred to Mr. Ruf since he is aware of the history of this which precedes Mr. Henning's employment with the City. Mr. Ruf said he would only update what Mr. Henning has said by noting that the failure to approve the plat the last time it was before Council has triggered another law suit. He said Judge Weissing has sche- duled a hearing to determine whether or not the City is to be held in Contempt for failure to approve the platting process with respect to Tracts 37 and 42. He said within the last few days, they have also received a Motion to intervene in that suit with respect to Parcel 2, which, is the Cardinal Industries parcel. He said if Council were to make the Motion for Contempt moot by approving these development orders this afternoon, he advised that a Motion has been made to intervene on behalf of Cardinal Industries as well. Mr. Ruf said staff has made a study in-house since these plats were first filed with the City. 38 2/13/85 /pm Mr. Ruf said they have not been able to find any right under the Court Orders, under stipulated modification Agreements to the Court Orders, or anything else that would allow the City to impose a recreation unit charge or acreage charge on those parcels of land in Land Sections 4, 5 and 6 still owned by Leadership Housing. He said the majority of the property in these Sections is owned by Lennar and they agreed, through Montwood, its predecessor in title, pursuant to a stipulation approved by the Court, to pay $95.00 per unit for recreation charges. He said Leadership Housing was not a party to that stipulation and staff has not found any way of imposing that fee; however, staff will continue to review the matter. V/M Stein said the action Council takes today would have to be such as to not bind the City to anything. Mr. Ruf said he has seen approval of plats by municipalities go to the County for considera- tion and recording which attach conditions. He said within the last 2 weeks, the City of Coral Springs attached 2 conditions to the approval of a plat and they were sued by the developer and Judge Vitale has said that municipalities have the right to attach those conditions. He said Council could approve the development order subject to the revisiting of the question of recreation fees at the time of site planning. Mr. Henning said he attempted to negotiate any type of compromise with Mr. Potash on behalf of Leadership Housing before he left the last Council meeting and they were not responsive to negotiate. He said one of his concerns is that in addition to their request for relief, there is a request for attorney's fees. He said the action concerns approval. of a plat and he suggested Council approve the plat with the understanding that staff will continue to address this item and any question will be brought forward at the time of site plan approval. V/M Stein MOVED APPROVAL of Temp. Resoy J2AU subject to continuing investigations regarding fees with any objections being brought up at site plan review, SECONDED by C/M Munitz. • b) Mr. Henning read Temp. Reso. #34$Q by title. V/M Stein MOVED APPROVAL with the same conditions as the a) portion of this item, SECONDED by C/M Munitz. c) V/M Stein MOVED APPROVAL of the Development Review Agreement, SECONDED by C/M Munitz. 39. Tract 42 - Discussion and possible action on: a) Development Order -.Temp- Reso. #3481 b) Plat -- Temp.- Reso. #34$2 c) Development Review Agreement (to bolocated on the east side of NW 71 Court (Westwood Drive) and east of Nab Hill Road). Z_YNOPSIS OF ACTION: a) and b) APPROVED subject to continuing investigations regarding fees with any objections being brought up at site plan review. c) APPROVED. 1 39 RESOLUTION NO. R-85-51 PASSED. RESOLUTION NO. R-85-52 PASSED. 2/13/85 /pm a) Mr. Henning read Temp. Reso. #3481 by title. Mr. Henning noted for the sake of this record that all discussion that took place on Item 38 can be incorporated on this. V/M Stein MOVED APPROVAL of T,gmy. Reso_13481 subject to continuing investigations regarding fees with any objections being brought up at site plan review, SECONDED by C/M Munitz. b) Mr. Henning read Tgmp._.2g4. #3482 by title. V/M Stein MOVED APPROVAL of Temt_ ___Rego.._#3482 subject to continu- ing investigations regarding fees with any objections being brought up at site plan review, SECONDED by C/M Munitz. VOTE: ALL VOTED AYE c) V/M Stein MOVED APPROVAL of the Development Review Agreement, SECONDED by C/M Munitz. VOTE: ALL Y-O-'ED AYE LDSAL_..A—FEA125 25. Lam Library - Discussion and possible action to authorize the City Attorney to negotiate directly for the sale of obsolete law books. SILMBTE�F-ACTION: The City Attorney was authorized to negotiate directly for the sale of those books previously offered for sale but not sold. Mr. Henning said in the last year or so the City has attempted, through bid procedures, to sell some of the surplus books. He said he did sell one set for $200.00 but there were no other bids receiv- ed and he felt he could save approximately $2,000.00 per year if he was permitted to negotiate the sale of some of these books. He said he is referring to the same editions that were bid but not sold. C/M Munitz MOVED to authorize the City Attorney to negotiate direct- ly for the sale of obsolete law books, SECONDED by V/M Stein. YOU: ALL VOTED AYE GENERAL ADMINISTRATIVE-ZFINANMAL 18. -.City Accord - Temp. Reso#3495 - Discussion and possible action to authorize the appropriate City officials to execute this document. Discussed and held for action until later in the day. (See Page 42). Mir. Henning read Temp. Reso, #3495 by title. Shirley Blumfield, Co -Commissioner of Human Relations, said she needs the Agreement approved by Council in order to send this to the Mayor of Kiryat Tivon for his approval. She said since Jefferson Travel is now handling the Sister City tour, the date they will be in Kiryat Tivon is 5/28/85. 40 2/13/85 /pm Mayor Kravitz questioned why he was not notified of the change of date which was originally set for 5/19/85. Mrs. Blumfield said when the City chose Jefferson Travel, they had different dates and in order to get the hotel that was promised, it was changed from 5/22/85 to 6/5/85. She said that was the original agreement with Jefferson Travel and the date will be 5/28/85. C/M Munitz said in there is a reference to "Exhibit A" and he did not have a copy of this. Mr. Henning said it was prepared before the 1/23/85 Council meeting and he suggested further discussion on this item be held so that copies can be made. 19. rants_Consultant - Discussion and pos- sible action to authorize the appropriate City officials to execute an agreement for continued work on University Drive widening by Temp.2gs-o,A4. SYNQP, ,$_.S?F_ACTION; APPROVED RESOLUTION NO. R-85-40 PASSED. an agreement with Mitchell Ceasar for consulting services related to. University Dr. improvements. The first payment of $5,000.00 was authorized. Mr. Henning read by title. Mr. Henning said this agreement was approved two meetings ago in substance by a letter dated 12/5/84. He said he was instructed to put that agreement into full formality and this was distributed and discussed at the last Council meeting; however, no action was taken. He said at that time he noted there were two alternatives as to the second year contract. He said this is for the lobbying services for acquiring the full 6-laning of University Dr. within Tamarac's City limits. He said there was a question on the second year portion of the contract since originally it was to be $75.00 per hour up to $5,000.00. He said there was an alternative proposal regarding a lump sum of $5,000.00 when the job was completed and Mr. Ceasar has suggested the original plan so the second alternative be withdrawn. Mr. Henning said it was decided that instead of making 6 payments totalling $5,000.00, the Finance Department suggested 5 payments of $1,000.00 each. He said the first payment of $5,000.00 is due if this is approved and he recommended approval. C/M Munitz asked if Mr. Ceasar has agreed to this agreement and Mr. Henning said he gave it to him at the last meeting. V/M Stein MOVED APPROVAL of Te p _ResoA3494, SECONDED by C/M Munitz. Y-QTB = &....YQTB1? AYE 20. e - Discussion and possible action. ACTION: Mayor Kravitz reported that the minutes of the last meeting were given to Council and the next meeting will be 2/21/85. Mayor Kravitz reported that the minutes of the last meeting were given to Council and the next meeting will be held on 2/21/85. 41 2/13/85 /pm 18. Sister ity Accord - Temp Reso,434.95 - Discussion and possible action to authorize the appropriate city officials to execute this document. Y,� N-U.35__Qf_..A-CU- N: RESOLUTION NO. R-85-39 PASSED. Discussed previously (See Page 40). APPROVED, Paragraph 5 of the Accord was amended. Shirley Blumfield, Co -Commissioner of Human Relations, reported that the signing will take place on 5/28/85 in Kiryat Tivon. Copies of "Exhibit A" to were distributed to Council. Mr. Henning said Paragraph 5 of the Agreement was considered too formal for an amicable agreement such as this. He referred to Page 2, Paragraph 5, "that this Accord shall become effective upon execution by both officials of both cities." and eliminating the rest of the paragraph. V/M Stein MOVED APPROVAL of Tema"Q.3495, SECONDED by C/M Bernstein. Y : ALL VOTED- AYE Mrs. Blumfield asked who Council wants to send this Accord and Mayor Kravitz said he would take care of this. Mr. Henning asked if staff could arrange to have this Accord printed instead of word processed and Mayor Kravitz said this could be done. City Manager Johnson noted that he and the Finance Director will be out of town on 2/20/85 working on the bond rating houses and he will have a memo at the next Council meeting requesting that David Heffner be Acting City Manager in their absence. Mayor Kravitz adjourned the meeting at 4:15 P.M. r MAYOR ATTEST: TTEST:: ASSISTANT CITY CLERK This public document was promulgated at a cost of $326.70 or $9.07 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. APPROVED AT MEETING OF City Clerk 42 2/13/85 /pm ATTACHMENT 1 - PAGE 1 OF 2 Item 22 - 2/13/85 City Council Meeting - Land Section 7 - Settlement of Sludge Farm Condemnation Suit FORM 4 MEMORANDUM OF VOTING CONFLICT kST NAME -FIRST NAME -MIDDLE NAME Bernstein Allan C. THE BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF: AILING ADDRESS 5901 Breadfruit Circle bCITY 13COUNTY 13 OTHER LOCAL AGENCY 0STATE ITY COUNTY NAME OF POLITICAL SUBDIVISION OR STATE AGENCY Tamarac Fla • ATE ON WHICH VOTE OCCURRED 2/13/85 Tamarac AME OF BOARD, COUNCIL. COMMISSION. AUTHORITY, OR COMMITTEE Tamarac City Council WHO MUST FILE FORM 4 This form is for use by any person serving on either an appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non -advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, i.e., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county, and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO TH E VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DAYS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163,356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. 1, the undersigned local public officer, hereby disclose that on ?/1 -1 , 19 --- (a) 1 abstained from voting on a matter which (check one): Possibly _y inured to my special private gain; or inured to the special gain 'of FORM 4- REV. 10-94 43 2/13/85 /pm by whom 1 am retained. PAGE 1 ATTACHMENT 1 - PAGE 2 OF 2 Item 22 - 2/13/85 City Council Meeting - Land Section 7 - Settlement of Sludge Farm Condemnation Suit (b) The measure on which I abstained and the nature of my interest in the measure is as follows: Item 22 at 2/13/85 City Council Meeting, "Land Section 7 - Settlement of Sludge Farm Condemnation Suit". I am a part owner of land in Sunrise, the value of which might have been affected by my vote. _ 2/13/85 Date Filed �-, .2 __, Signature Allan C. Bernstein Please see PART C for instructions on when and where to file this form. PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112.3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part S below within 15 days after the vote occurs. 1, the undersigned officer of a state agency, hereby disclose that on , 19 . (a)1 voted on a matter which (check one): inured to my special private gain; or inured to the special gain of (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PART C below for instructions on when and where to file this form. , by whom I am retained. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNAER PROVISIONS OF FLORIDA STATUTES# 111317(1963). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 5500. E FORM 4- REV. 10-84 PAGE 2 2/13/85 /pm