HomeMy WebLinkAbout1984-03-28 - City Commission Regular Meeting MinutesOROR
ID-0, Box 25010
?AMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, MARCH 28, 1984
CALL TO ORDER: 9:00 A.M.
ANNOUNCEMENTS OF TIME ALLOCATIONS -- MOTIONS TO TABLE - The Chair
at this time will announce those items which have been given a
specific time to be heard, and will entertain motions from
Council members to table those items which require research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after publication.
PRESENTATIONS AND AWARDS
1. Employee Service Awards - Presentation by City Manager
Stuurmans of five-year pins to Ruth Russo, Building Depart-
ment, Phyllis Polikoff, Personnel Department and Nicholas
Marazo and Erma Nahi of the Police Department.
3/28 - Pg,. 1
Presentation by
City Manager.
3/1.4 - Pg. 1
2.
Soviet Jewry Solidarity - Announcement
of proclamation
Announcmt made.
presented by Mayor Kravitz designating
March
22, 1984, as
Proclamation
"Soviet Jewry Solidarity Day".
ACCEPTED.
BOARDS AND COMMITTEES
3/14 - Pg. 1
TABLED to next.
3.
Beautification Committee - Temp.
and possible action to appoint
Reso. #3067 - Discussion
a member to this committee.
regular meeting.
3/14 - Pg. 2
4. Investment Advisory Committee - Discussion and possible
action on:
a) and b) TABLED
a) Appointment of members by Temp. Reso. #3068 (tabled from
3/l/84 )
to next regular
meeting for
b) Report/Recommendations
interviews.
3/14 - Pg. 2&21
5.
Commissioner of Human Relations
- Discussion
and possible
a) ACCEPTED
action on:
resignation.
a) Acceptance of resignation of
Robert Shurr
b) Announced
b) Announcement of vacancy for
this position
vacancy; conside
at next meeting.
3/1.4 -Pg. 2
6. Announcement of expiration of terms of office for positions
on the following boards and committees:
Announcement of
Planning Commission 7
Beautification Committee 7
positions
positions
Expiring
4/15/84
5/11/84
vacancies made
by Mayor Kravitz
Consumer Affairs 12
positions
4/14/84
Public Information Committee 7
positions
5/11/84
Board of Social Services 7-positions
5/11/84
Code Advisory Commission 5
positions
5/11/84
Recreation Board 11
positions
5/11/84
Welcoming Committee 12
positions
5/11/84
Burglar Alarm Committee 5
positions
5/11/84
Investment Advisory Committee 2
positions
- - - -
Fishing Commissioner 1
position
5/11/84
City Photographer
Assistant City Photographer
Park Commissioner
Expiring
1 position 5/11/84
1 position 5/11/84
1 position 5/11/84
PAGE TWO
If anyone is interested in serving on any of the above boards
or committees, please contact the City Clerk's office for an
application. If existing board and committee members desire
to be considered for reappointment, please indicate this by
memo to the Mayor's office; however, members will continue to
serve until appointments are made by Council.
CONSENT AGENDA
7. Items listed under Item #7, Consent Agenda, are viewed to be
routine and the recommendation will be enacted by one motion
in the form listed below. If discussion is desired, then the
item(s) will be removed from the Consent Agenda and will be
considered separately.
a) Minutes of 3/1/84 -M Reconvened Regular Meeting - Approval
recommended by City Clerk.
b) Minutes of 3/7/84 - Special Meeting - Approval recommend-
ed by City Clerk.
c) Alan F. Ruf - Consulting City Attorney - 3/23/84 -
$711.00 - Approval recommended by City Attorney.
d) Mitchell Ceasar - Grants Consultant - Retainer for March,
1984 - $1,250.00 - Approval recommended by City Manager.
e) Williams, Hatfield & Stoner, Inc. - Consulting Engineer-
2/23/84 - Project 1113--0, Statement 88 - $843.00 -
Approval recommended by Consultant City Planner and City
Manager.
f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
3/12/84 - Project 1710-15, Statement 4 -- $1,613.00 -
Approval recommended by City Engineer.
g) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
3/12/84 - Project 1710-16, Statement 2 - $2,204.30 -
Approval recommended by City Engineer.
h) Miller & Meier & Associates - Municipal Facilities -
Evaluation of Site "B" - 3/19/84 - $1,900.00 - Approval
recommended by City Manager.
i) Lot Clearing Program:
1) Approval to employ five temporary personnel for nine
weeks starting 4/1/84 at an estimated cost of
$10,116.00.
2) Approval that $10,200.00 from line item account
number 001-872-581-901 of the budget named Contingency
be transferred to line item account number 001-130
519-120 named Regular Salaries - Public Works Build-
ings and Grounds. The balance in the account from
which the monies are transferred was $174,100.00 prior
to the transfer and $163,900.00 subsequent to the
transfer. The amount of money in the account to which
the monies are to be transferred was $74,874.87 prior
to the transfer and $85,074.87 subsequent to the
transfer.
j) Tamarac Chamber of Commerce Street Fair - Authorization
to Public Works Department to mow the property on the
west side of University Drive, north of NW 57 Street.
/28 - Pg. 3-5
nd 8-9
PPROVED a) thru
) and e) thru r
EMOVED d) and
hen APPROVED;
/Atty & Liaison
o review & make
ecommendations
o Council.
I�:[e1�lYai�1�1
k) Tamarac Elementary School Student Government Day -
Approval to share the cost of bus transportation of the
fifth grade students from the School to City Hall.
1) Public Officials Liability Insurance - Authorization for
payment in the amount of $6,899.00 for premium renewal on
an emergency basis with a binder placed on 3/4/84 effec-
tive 3/8/84.
m) Utilities West - New Operations Building - Approval for
the City manager to advertise for a design consultant in
accordance with the Consultants Competitive Negotiations
Act.
n) Utilities West - Wells No. 10 and 11:
1) Acceptance of the facilities
2) Approval of final payment in the amount of $10,478.00
to Boyle Construction Co., Inc.
o) Health Care:
(1) Approval of reimbursement of deduction for dependent
coverage as per. TEFRA regulation to Lillian Marcus,
Lucy Curtis and Ernest Sullivan-Recommended'by
Finance Director and Risk Manager.
(2) Authorization for quarterly refunds for Medicare as
a policy of nondiscrimination of City insurance
benefits.
p) Consumer Day - Approval to extend the tabling action to a
future meeting.
q) Three Lakes Plaza - Revised Site Plan for Parking Lot -
Approval to extend the tabling action to a future meeting.
r) Self -Insurance Fund for Small Equipment - Approval to re-
move this item from the agenda (tabled from 10/1/80)
Recommended by the City Manager.
GENERAL ADMINISTRATIVE/FINANCIAL
8. Bid Awards - Public Works Department - Discussion and pos-
sible action on awarding bids for the following equipment:
a) one tree and brush chipper - Temp. Reso. #3070.
b) one vibratory hydrostatic roller- Temp. Reso. #3_0.71
c) one tandem diesel dump truck - Temp. Reso. #3069
3/28 - Pg. 10
Reso. #R-84-88,
84-89 & 84-90.
APPROVED a), b)
and c).
3/28 - Pg. 11
9. Proposed Sidewalk on NW 88 Avenue - Discussion and possible Reconsidered;
action on reconsideration of Council action taken on 3/1/84 width to be
to authorize installation of a 3-foot asphalt sidewalk on increased to
the west side of NW 88 Avenue from McNab Road to NW 57 Stree 4 feet.
3/28 - Pg. 13
10. Municipal Facilities - Discussion and possible action on Authorization
authorization to. Miller '.& Meier to proceed with the next given to Miller
phase of duties under the contract for the new City Hall and & Meier to
Police Station, -proceed.
11. Recreation Department Activities - Temp. Reso. 4,3061 - Dis- 3/28 - Pg. 22
cussion and possible action to authorize execution of a TABLED to
lease agreement to use the facilities at Lake Colony for 4/11/84.
Recreation Department activities (tabled from 3/14/84).
12. Grants - Status report by Mitchell Ceasar, Grants Consultant 3/28 - Pg. 5-7
Discussion and possible action. Re art given
13. Saw rass Ex resswa - Status report.
action.
3/28 - Pg. 9
Discussion and possible Report by Exec
Director of
Expressway
Authoritv.
14. B_rowand League of Cities Business - Discussion and
action on; --
a) Selection of voting delegate and alternate
b) Reports
PUBLIC HEARINGS - 2:00 P.M.
PAGE FOUR
possible 3/28 - Pg. 17
a) Delegate is
Mayor Kravitz;
Alt-C/M Stelzer
b) Report given
- - - - by Mavor.
15. Lakeside Plaza Partnership - Petition #6-Z-84 - Temp. Ord.
#1091 - Discussion and possible action to rezone lands on
the west side of North State Road 7, at 5401-5483 North
State Road 7, from B-1 (Neighborhood Business) to B-2
(Planned Business). First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
16. Sabal Townhouse Development Corporation —Petition #7-Z-84
Temp. Ord. #1092 - Discussion and possible action to rezone
those recreational lands at the intersection of NW 46 Ave-
nue and NW 59 Street and those recreation lands north of
NW 59 Street and extending west from. NW 46 Avenue, from
S-1 (Open Space/Recreational) to R-4A (Planned Apartments).
First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
17. Florida Power and Li ht Com an - Petition #10-Z-84 - Ted_
Ord. #1093 - Discussion and possible action to rezone lands
on the south side of Southgate Boulevard, approximately
1,320-feet east of NW 88 Avenue, from A-1 (Limited Agri-
cultural) to R-3 (Low Density Multiple Dwelling) providing
for 40 residential dwelling units. First Reading.
a) Acceptance of Affidavit of Publicatio.n,. Affidavit of
Mailing and.Affidavit of Posting.
b) Consideration of application.
18. Land Use Plan Amendment - Petition #3-LUA-84 - Temp. Ord.
#1.094 - Discussion and possible action to change the Land
Use designation of a parcel of land 400-feet in width by
435-feet in depth located on the south side of Southgate
Boulevard approximately 1,320-feet east of NW 88 Avenue,
from Utility to Low Density Multiple Dwelling. First
Reading.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
19. Florida Power and Light Company - Discussion and possible
action on:
a).Authorization for the appropriate City officials to
execute a Contract for Purchase and Sale of City -owned
lands on the north side of Southgate Boulevard approxi-
mately 1,200--feet east of NW 88 Avenue for an electrical
utility substation - Temp. Reso. #3022.
b) Developers Agreement.
c) Agreement regarding City fees for platting process.
d) Rezoning Petition #2-Z-84 to rezone lands on the north
side of Southgate Boulevard, approximately 1,200--feet
east of NW 88 Avenue, from S-1 (Open Space/Recreational)
to R--1B (One -Family Dwelling), to be limited to utility
substation purposes only - Temp. Ord. #1087. Second
Reading. (Public Hearing held 3/14/84).
1) Acceptance of Affidavit of Publication and Affidavit
of Posting.
2) Consideration of application.
(tabled from 3/14/84)
3/28 - Pg. 23
P. H. Held.
a) ACCEPTED.
b) APPROVED on
First Reading.
3/28 - Pg. 23
P. H. Held.
a) ACCEPTED.
b) APPROVED on
First Reading.
3/28 - Pg.24&33
P. H. Held.
a) ACCEPTED.
b) APPROVED on,
First Reading.
3/28 - Pg.26&33
P. H. Held.
APPROVED on
First Reading.
3/28 - Pg.26-34
a) APPROVED.
Reso. #R-84-91.
b) and 0
APPROVED.
d) TABLED
Ord. #0-84-10
PAGE
20. Land Use Plan Amendment - Petition #1-LUA-84 - Temp. Ord.
#1088 - Discussion and possible action to change the Land
Use designation for a parcel of land 700-feet in width by
180-feet in depth, located approximately 1,200-feet east of
the northeast corner of NW 88 Avenue and Southgate Boulevard
lying between Southgate Boulevard and the C-14 canal from
Public -Private Recreation/Open Space to Utility, in order
to permit an electrical utility substation. Second Reading.
(Public Hearing held 3/14/84).
21. Temporary Model, Sales and Administrative Use - Temp.__Reso.
#3060 - Discussion and possible action to establish a cash
bond amount to be posted to cover the cost of demolition or
removal of a temporary residential or commercial structure
pursuant to Ordinance 84-1. (tabled from 3/14/84).
22. Temporary Model Sales and Administrative Use - Temp. Reso.
#3072 - Discussion and possible action amending the permit
fee schedule for temporary residential or commercial struc-
tures.
FIVE
3/28 - Pg. 31
Ord. W-84-•11.
APPROVED on
Second/Fina.1
Reading.
3/28 - Pg. 17
Reso. #R-84.-92.
APPROVED, m:inirr
of $ 2 , 000 . r.dd'
cost to be �Imt
of bond.
3/28 - Pg. 18
Reso. #R-84-93.
APPROVED, with
amendment.
3/28 - Pg. 22
23.
Mid -South Engineering Company - Discussion and possible
Authorized C/At
action on assignment of certain contracts with the City from
to oppose any
Mid -South Engineering Company to Keith & Schnars, P.A.
assignment of
COMMUNITY DEVELOPMENT
3/28 - Pr. 16
TABLED to next
24.
Southgate Gardens East/Mission Lakes - Discussion and pos-
regular meeting
s.ible action on payment in connection -with the Water and
Sewer Developers Agreement (tabled from 1/25/84).
25.
Woodmont Tracts 68/77 -- Cypress at Woodmont - Discussion
/28 - Pg. 15
and possible action concerning the conditions regarding
TABLED to next
approval of model sales permit renewal on 11/9/83 ( tabled
regular meeting
from 1/25/84).
3/28 - Pg. 16
26.
Garfinkel Professional Buildin - Discussion and possible
Action of 3/14/
action on reconsideration of Council action of 3/14/84
rescinded. Auth
authorizing cancellation of the Water and Sewer Developers
Fin iDir to ac-ce
Agreement.
check—
3/28 - Pg. 12
27.
Commercial Plaza - Performance Bond - Temp. Reso. #3075 -
Reso. 0-84-94.
Discussion and possible action to call a bond posted for
APPROVED, to be
positive drainage.
one by 3/29/84
28.
Woodland Lake Estates - Discussion and possible action to
3/28 - Pg. 12
approve a Water and Sewer Developers Agreement.
APPROVED.
3/28 - Pg. 35
29.
Wed ewood - Revised Site Plan - Temp. Reso. #3056 - Dis-
Reso. #R-84--95.
cussion and possible action on a revised site plan for ex-
APPROVED.
tension of a slab for a screened enclosure for Unit 13-D
(tabled from 3/14/84).
3/28 - Pg. 35
30.
Spyglass - Revised Site Plan - Temp. Reso. #3076 - Dis-
Reso. #R-84-96.
cussion and possible action on a revised site plan for a
APPROVED.
room addition to Unit 21-A.
31.
Westview at Colony West - Parcel L - Site Plan - Reso.
3/28 - Pg. 19
_Temp.
#3073 - Discussion and possible action to extend approval of
TABLED.
the final site plan.
3/28 - Pg. 35
32.
Woodmont Tract 67 - Site Plan - Temp. Reso. #3074 - Dis-
Reso. #R-84-97.
cussion and possible action to extend approval of the final
APPROVED.
site plan.
33.
Lakes of Carriage Hills - Revised Site Plan - Review of park-
3/28 - Pg. 19
ing shown on plan (plan approved 3/14/84) .
TABLED at reque
of applicant.
PAGE SIX
34. Adult Congregate Living3/28 - Pg. 35
Facilities Discussion and pos- 3/28 C/P3 to
sible action, Authreview & report
35. _Drainage Improvements in the City Discussion and possible 3/28 - Pg. I3Report by
action.
City EnRr.
REPORTS
36. City Council
37. City Manager
38. 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 will need a record of the proceeding, and for such purpose
he may need to ensure that a verbatim record of the proceedings
is made which record includes the testimony and evidence upon
which the appeal is based.
CITY OF TAMARAC
Carol A. Evans
Assistant City Clerk
Following are the residential and commercial zoning districts in the City:
R-1
- Single Family Residence
B-2
- Planned Community Business
R-IB &
B-3
- General Business
R-IC
- One -Family Dwelling
B-5
- Limited Business District
R-2
- Two -Family Dwelling
B-6
- Business District
RD-7
- Two -Family Dwelling
S-1
- Open Space/Recreational
R-3U
- Row House
I-1
- Institutional
R-3
- Low Density Multiple Dwelling
M-1
- Light Industrial
RM-5
- Residential Multi -Family
M-2
- Medium Industrial
Dwelling
A-1
- Limited Agricultural
RM-10
- Planned Apartment
A-5
- Agricultural/Excavation
R-4A
- Planned Apartment
T-1
- Trailer Park District
R-5
- Motel/Hotel
B-1
- Neighborhood Business
3/28 - Pg. 36
Reports eiven.
3/28 - Pg. 36
Report given.
3/28 - Pg. 37
Report given.
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
MARCH 28, 1984
Tape CALL TO ORDER: Mayor Philip B. Kravitz called the meeting
1 to order on Wednesday, March 28, 1984, at 9:00 A.M. in the
Council Chambers.
ROLL CALL: PRESENT: Mayor Philip B. Kravitz
Vice Mayor Sydney M. Stein
Councilman John J. Dunne
Councilman Raymond J. Munitz
Councilman Jack Stelzer
ALSO PRESENT: City Manager, Laura Z. Stuurmans
City Attorney, Jon M. Henning
Assistant City Clerk, Carol A. Evans
Secretary, Roslyn Brauner
Secretary, Patricia Marcurio
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Kravitz called for a
Moment of Silent Meditation followed by the Pledge of Allegiance.
Mayor Kravitz read the time schedule into the record of the items
to be heard today.
PRESENTATIONS AND A11ARDS
1. Em to ee Service Awards - Presentation by City Manager
Stuurmans of five-year pins to Ruth Russo, Building De-
partment, Phyllis Polikoff, Personnel Department and
Nicholas Marazo and Erma Nahi of the Police Department.
SYNOPSIS OF ACTION: Presentation
made by City Manager.
The City Manager presented five-year pins to Ruth Russo of the
Building Department, Phyllis Polikoff of the Personnel Depart-
ment and Nicholas Marazo and Erma Nahi of the Police Department.
Mrs. Stuurmans thanked the employees for their five years of
service to the City.
2. Soviet Jewry Solidarity - Announcement of proclamation pre-
sented by Mayor Kravitz designating March 22, 1984, as
"Soviet Jewry Solidarity Dav".
SYNOPSIS OF ACTION: Announcement made.
Proclamation accepted.
Mayor Kravitz announced the proclamation for Soviet Jewry Solidarity.
C/M Dunne MOVED to accept the proclamation. SECONDED by C/M Munitz.
VOTE:
BOARDS AND COMMITTEES
ALL VOTED AYE
3. Beautification Committee -- Temp. Reso. #,3067 - Discussion and
possible action to appoint a member to this committee.
;YNOPSIS OF ACTION: TABLED to next
-egular meeting at recommendation of
tayor Kravitz.
Mayor Kravitz recommended this item be tabled to the next regular
meeting.
C/M Munitz MOVED to table this item to the next regular meeting.
SECONDED by V/M Stein.
VOTE:
ALL VOTED AYE
-1- 3/28/84
/rb
4. Investment Advisory Committee - Discussion and possible
action on:
a) Appointment of members by Temp. Reso. #3068 (tabled
from 3/l/84).
b) Report/Recommendations
SYNOPSIS OF ACTION: a) and b) TABLED
to next regular meeting for interviews
of applicants.
V/M Stein. MOVED to table a). and b) to the next regular meeting
for interviews of the applicants. SECONDED by C/M Dunne.
VOTE:
ALL VOTED AYE
5. Commissioner of Human Relations - Discussion and possible
action on:
a) Acceptance of resignation of Robert Shurr
b) Announcement of vacancy for this position.
SYNOPSIS OF ACTION:(See Paae 21) a) ACCEPTED
resignation. b) Vacancy announced and
will be considered at next regular meeting.
a) C/M Stelzer stated Robert Shurr initiated Tamarac's relationship
with Kiryat Tivon and through Mr. Shurr's efforts, the City met
with the Mayor of Kiryat Tivon who came to Tamarac and there were
many celebrations in his honor.
C/M Stelzer said Robert Shurr was solely behind the Sister -City
project. Several of the neighboring Broward Cities also have
Sister -Cities in Israel, and C/M Stelzer said he feels the position
of Commissioner of Human Relations was created for Robert Shurr,
and now Mr. Shurr is being asked to resign.
Mayor Kravitz said that is not correct.
C/M Stelzer MOVED to table this item until Mr. Shurr is present
to answer questions. The MOTION died for lack of a SECOND.
C/M Munitz MOVED to accept the resignation of Robert Shurr.
SECONDED by C/M Dunne.
VOTE: C/M Dunne
Aye
C/M Munitz
Aye
C/M Stelzer
Nay
V/M Stein
Aye
Mayor Kravitz
Aye
b) C/M Kravitz announced the vacancy for this position, and said
it will be considered at the next regular meeting.
6. Announcement of expiration of terms of office for positions
on the following boards and committees.
Expiring
Planning Commission
7
positions
4/15/84
Beautification Committee
7
positions
5/11/84
Consumer. Affairs
12
positions
4/14/84
Public Information Committee
7
positions
5/ll/84
Board of Social Services
7
positions
5/11/84
Code Advisory Commission
5
positions
5/11/84
Recreation Board
11
positions
5/11/84
Welcoming Committee
12
positions
5/11/84
Burglar Alarm Committee
5
positions
5/11/84
Investment Advisory Committee
5
positions
---------
Fishing Commissioner
1
position
5/11/84
City Photographer
1
position
5/11/84
Assistant City Photographer
1
position
5/11/84
Park Commissioner
1
position
5/11/84
SYNOPSIS OF ACTION: Announcement made
by Mayor Kravitz.
Mayor Kravitz announced the open positions and said this item
will be considered at the next regular meeting.
-2- 3/28/84
Mr. John Lachmann,resident, said the agenda indicates that
if the existing Board and Committee members desire to be
reappointed, they are to so indicate by a memo to the Mayor's
office; and he would like to know why the memo should be
directed only to the Mayor's office, as the otYier Councilmembers
should be so advised.
Mayor Kravitz said the memos would be circulated to the entire
Council and the City Clerk as that is the(customary procedure.
7. Consent Agenda
a) Minutes of 3/1/84 - Reconvened Regular Meeting - Approval
recommended by City Clerk.
b) Minutes of 3/7/84 - Special Meeting - Approval recommend-
ed by City Clerk.
c) Alan F. Ruf Consulting City Attorney - 3/23/84 --
$711.00 - Approval recommended by City Attorney.
d) Mitchell Ceasar - Grants Consultant - Retainer for March,
1984 - $1,250.00 - Approval recommended by City Manager.
e) Williams, Hatfield & Stoner, Inc. - Consulting Engineer-
2/23/84 - Project 1113-0, Statement 88 - $843.00 -
Approval recommended by Consultant City Planner and City
Manager.
f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
3/12/84 - Project 1710-15, Statement 4 - $1,613.00 -
Approval recommended by City Engineer.
g) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
3/12/84 - Project 1710-16, Statement 2 - $2,204.30 -
APproval recommended by City Engineer.
h) Miller & Meier & Associates - Municipal Facilities -
Evaluation of Site "B" - 3/19/84 - $1,900.00 - Approval
recommended by City Manager.
i) Lot Clearing Program:
1) Approval to employ five temporary personnel for nine
weeks starting 4/l/84 at an estimated cost of
$10,116.00.
2) Approval that $10,200.00 from line item account
number 001-872-581-901 of the budget named Contingency
be transferred to line item account number 001-130
519-120 named Regular Salaries - Public Works Build-
ings and Grounds. The balance in the account from
which the monies are transferred was $174,100.00 prior
to the transfer and $163,900.00 subsequent to the
transfer. The amount of money in the account to which
the Monies are to be transferred was $74,874.87 prior
to the transfer and $85,074.87 subsequent to the
transfer.
j) Tamarac Chamber of Commerce Street Fair - Authorization
to Public Works Department to mow the property on the
west side of University Drive, north of NW 57 Street.
-3_. 3/28/84
k) Tamarac Elementary School Student Government Day -
Approval to share the cost of bus transportation of the
fifth grade students from the School to City Hall.
1) Public Officials Liability Insurance - Authorization for
payment in the amount of $6,899.00 for premium renewal on
an emergency basis with a binder placed on 3/4/84 effec-
tive 3/8/84.
m) Utilities West - New Operations Building - Approval for
the City manager to advertise for a design consultant in
accordance with the Consultants Competitive Negotiations
Act.
n) Utilities West - Wells No. 10 and 11:
1)'Acceptance of the facilities
2; Approval of final payment in the amount of $10,478.00
to Boyle Construction Co., Inc.
o) Health Care:
(1) Approval of reimbursement of deduction for dependent
coverage as per, TEFRA regulation to Lillian Marcus,
Lucy Curtis and Ernest Sullivan -Recommended by
Finance Director and Risk Manager.
(2) Authorization for quarterly refunds for Medicare as
a policy of nondiscrimination of City insurance
benefits.
p) Consumer Day - Approval to extend the tabling action to a
future meeting.
q) Three Lakes Plaza - Revised Site Plan for Parking Lot -
Approval to extend the tabling action to a future meeting
r) Self -Insurance Fund for Small Equipment - Approval to re-
move this item from the agenda (tabled from 10/1/80)
Recommended by the City Manager.
SY14OPSIS OF ACTION: APPROVED Items
a) through c) and e) through r). Item
d).REMOVED to be discussed with Item 12.
(See Pages 5 through 9).
C/M Munitz MOVED to APPROVE Items a) through c) and e) through r),
REMOVING Item d)which isto be discussed at the time Item 12 is
considered. SECONDED by C/M Dunne.
C/M Stelzer said he cannot understand the constant attempts to
withhold payments to Mr. Ceasar as the City has a contract with
him which states that he must be paid every month. Therefore,
the City is legally obligated to pay Mr. Ceasar the $1,250.00 per
month retainer according to the terms of the contract, with or
without Council's approval. C/M Stelzer said if Council does not
want to pay Mr. Ceasar the $1,250.00 per month, he would suggest
the contract be cancelled as there is a sixty-day cancellation clause.
C/M Stelzer said he does not understand why Item d) should be r-=moved
from the Consent Agenda since it is an ordinary course of business item.
Mayor Kravitz said Item d) was removed for discussion only.
C/M Munitz said he would like to offer some clarification, as the
fact that the item is being removed from the Consent Agenda does
not mean that payment of the bill will be withheld. He said his
purpose in removing the item is to discuss it at the time Item 12
is considered since it would pertain to the action that will be
taken on Item 12.
-a� 3/28/84
C/M Stelzer said the statement that the bill will be paid
when Item 12 is considered, is irrelevant. He said the
bill is due for payment and it should be paid. There is a
bill on the Consent Agenda from Miller & Meier for $1,900.00
which was not removed for discussion until the item on the
next phase is considered.
Mrs. Melanie Reynolds, .resident, said the Charter Board had
requested a copy of the bill concerning Item h) but it was
never received. In fact, the Board never received anything
relating to the work on Site "B" done by Miller & Meier or
their conclusions; and now the City is going to pay the bill
regardless.
Mayor Kravitz said the bill was approved for payment by the
City Manager.
Mrs. Reynolds said the Charter Board had expected to receive
information relating to the work that was done.
Mayor Kravitz said the Charter Board will be provided with
the information requested.
Mr. John Lachmann, resident, said he recalls that the City Council
had authorized payment of $2,000.00 to Miller & Meier, and this
matter was brought up at the Charter Board meeting. Mr. Lachmann
said he attended that meeting, and at that time, it was requested
information be provided to the public so the evaluation of
Site "B" Vs. Site "A" could be made. He said there was a meeting
of the Council, at which time Miller & Meier's representative
gave the reasons for the recommendation of Site "A". He suggested
Mrs. Reynolds check the records on this matter.
VOTE: ALL VOTED AYE
GENFRAL ADMINISTRATIVE/FINANCTP_L'
12. Grants - Status report by Mitchell Ceasar, Grants Consultant.
Discussion and possible action.
SYNOPSIS OF ACTION: Status report given,.
Representative Peter Deutsch congratulated the. new Councilmembers.
He provided Council with an update on the issues that will be
discussed at next week's legislative session,as follows:
House Bill #72 - Would increase the surplus funds that cities can
hold in reserve.
House Bill #151 - Would allow the Police Department to more
strictly enforce the open consumption laws.
House Bill #378 - Would deal with pension requirements for the
Police and Fire Departments.
Rep. Deutsch said there is another bill dealing with the liability
of City employees.
Rep. Deutsch said he will be tracking these bills in Tallahassee,
and the City's representative at the Broward League of Cities
will also be tracking them.
Rep. Deutsch said he will also be dealing with a number of broader
issues at the legislative session. Specifically, health care
costs will be a major issue, as well as some changes to
tighten up sentencing and major guidelines in the criminal justice
area. The legislature will also address the consumer protection
situation.
-5_ 3/28/84
/rb
Rep. Deutsch said that University Drive will become a six -lane
road between Oakland Park Boulevard and Commercial Boulevard;
and the groundbreaking will be on Friday. He said :he and Rep.
Titone are attempting to extend the six lanes north of Oakland Park
Boulevard and all the way up to Coral. Springs. However, un-
fortunately, the original traffic count had more traffic at the
Oakland -Commercial portion and until it is shown that the six -lane
road is needed through Tamarac, it will be some time before
it is constructed.
Rep. Deutsch introduced Rep. Joseph Titone's Aide, Catherine, who
greeted the Councilmembers and said Rep. Titone will be happy to
hear from the Council on anything he can accomplish in Tallahassee
on behalf of the City of Tamarac.
Mr. Mitchell Ceasar, Grants Consultant, stated that many of the
bills Rep. Deutsch mentioned have been outlined in previous
memorandums, and are also outlined in a memorandum provided
to the City Clerk today. Tnat memo deals with legislative bills only,
based upon the fact that he was to make an oral presentation today
on grants, as well as the fact that there will be a legislative
session next week.
Mr. Ceasar said C/M Munitz had requested information pertaining
to University Drive,and he presented a memorandum. to C/M Plunitz.
He said the memo outlines the step-by-step process of what is
necessary, and that Mayor Kravitz and C/M Stelzer had received
copies of this memorandum previously.
Mr. Ceasar stated with regard to University Drive, this is
approximately a $3,000,000.00 project. Of that total, one -quarter
of a million dollars would be for the design phase and
two and three-quarter million dollars for the actual construction.
lie said through numerous meetings he had with Rep. Gustafson and
members of the D.O.T., he was advised that if Tamarac could start
the design phase of this project, the process of obtaining a grant
for the construction would be speeded up. Pie said the D.O.T.
would provide most of the funding, and he is investigating the
possibility of having their in-house staff do the work. He
said $70,000.00 from the bake path grant will be transferred
from that project to the University Drive project.
Mr. Ceasar pointed out that as of today, University Drive is not
slated for expansion through Tamarac until the year 2000, as
designated by the Metropolitan Planning Organization. He said
he is attempting to obtain funding for this project as quickly
as possible to accelerate the year 2000 date.
Mr. Ceasar said he has spoken with members of the planning staff
of the County Commission and found the Commission has an M.I.A.,
which is a Maximum Impact Approach,.pertaining to road funding,whereb�
a computer run analysis is prepared on 31 potential road projects
in Broward County, to determine where the heaviest traffic flaw
will exist and where problems will occur. He said he feels
Tamarac will do well in this analysis due to the impact on
the City's roads caused by the potential growth of the City.
He said it is expected this computer run will be accomplished within
the next thirty days.
Grants Consultant, Mitchell Ceasar, stated that of the $250,000.00
required for the design phase of this project, $70,000.00 has
already been allotted from the bike path money; and he is now
seeking an additional grant for;the $180,000.00 difference required.
He said there is money available through the County for this.purpose.
Mr. Ceasar said he was advised just yesterday by the County
Commission, that the City of Tamarac should desianate_specific ----
-projects for which impact fees collected in the CiLy are to be used.
-6- 3/28/84
/rb
Mrs. Vickie Beech, resident, stated a request had been made
some time during the past year, for Mr. Ceasar to provide
the Council with the amount of the grants he secured for the
City, as well as the amount of money the City pays for Mr.
Ceasar's services. She said she has never heard that infor-
mation read into the record or brought forth.
Mr. Ceasar replied that a memorandum containing the information
requested was submitted within days of the request, and in fact,
the information was submitted two or three times; and copies
of the memo are in the City Clerk's office as well as the Council
office.
Tape Mr. Harold Newman, resident, requested clarification of Mr. Ceasar's
2 statement concerning University Drive and the year 2000 as this
is the first time anyone has heard anything about the year 2000.
Mr. Ceasar stated the second page of his. December memorandum,copy of
which was today submitted to C/M Munitz, mentions the year 2000.
He explained that the County, the State D.O.T. and other bodies
have decided to expand University Drive. The portion between
Oakland Park Boulevard and Commercial Boulevard will be expanded
and the area to the north of Tamarac toward Coral Springs will
be expanded. However, the area through Tamarac will not be expanded.
Therefore, even if the City was not growing, there would be a big
bottleneck, and since Tamarac will grow more than the area to the
south of the City, the problem is compounded. Mr. Ceasar said
apparently six or seven years ago when the M.P.O. drew up the
priority road lists, they designated other cities, but did not
designate Tamarac for expansion, and left that for the year 2000.
He said he is seeking grants for the design phase in order to
start the project in Tamarac, and will attempt to obtain the
balance for the construction. In addition, attempts will have to
be made to have the priority list changed so that Tamarac can
be included in the five-year plan.
Mrs. Reynolds said many months ago she requested copies of
all memorandums from Mr. Ceasar be sent to the Charter Board,
but nothing has been received. She said she would again make
this request so the Charter Board will be informed about financial
matters.
Mayor Kravitz said the Charter Board will be forwarded copies
of the memorandums requested.
C/M Munitz said he has a report from Mr.Ceasar dated November 14, 1983,
which is a total grant update. C/M Muni'tz said to the best of his
knowledge, this is the one and only summary report received from
Mr. Ceasar pertaining to his activities.
Mayor Kravitz said that is the last full report received by Council.
Other reports have been received, but they were not as complete.
Mr. Ceasar said that was the year-end report which was requested.
He said he also submitted an update of all the grants obtained
during his four years with the City. Therefore, there is
a cumulative report as well as a year-end report on file with the
City, as requested by Council.
Mr. Ceasar stated he is pursuing a grant for the Commercial
Boulevard project. He is also working on a grant for a passive
park for approximately $60,000.00, specifically to include
landscaping of the Recreation Building. fie said an energy grant
is also being pursued, which is between $400.00 and $600.00 per
building for the Fire Station, Police, City Hall and Public Works.
The work could be done in-house at no cost, and if it works out
well, the City would qualify for Phase II, which is the electrical
and other energy -saving corrections, running into tens of thousands
of dollars.
C/M Dunne asked Mr. Ceasar to provide Council with the dollar amount
of grants he secured for the City during the last year.
Mr. Ceasar said he does not have the memorandum before him at this
time, but he does recall two of the grants he secured in 1983. One
was the senior employment grant for approximately $25,000..00 and
-7__ 11 /')o io n
the other was the bike path grant for approximately $130,000.00.
He said conservatively speaking, he has brought in approximately
eleven times his salary last year.
7. Consent Agenda
SYNOPSIS OF ACTION: d) APPROVED -
City Attorney and Liaison to check the
Agreement and make recommendation to
Council (See also pages 4 and 5).
d) C/M Munitz said the reason he asked this item be removed fr.nm
the Consent Agenda, is because he is confused about the period
of time the bill actually covers. The memo states the bill is
for the month of .February, but it does not state when the month
begins or ends. In addition, the memorandum from the City
Manager indicates this to be thc� monthly retainer for March.
Therefore, he does not know wh tl.,er the bill is for February
or for March. In addition, C/M Munitz said,he has discussed
the Agreement with the City Attorney and
would like to provide Council with the history of this matter.
He said this was a supplementary item which was agendized by
consent, upon which action was taken contrary to what Resolution
78-80 called for at that time. The Resolution has been amended,
and at this time action is permitted.
C/M Munitz said it is his opinion that basically, this Agreement
is invalid since it was not passed in a legal manner. lie
commented that this has nothing to do with Mr. Ceasar's ability
or what he has accomplished for the City and whether he has earned
his money. C/M Munitz said if the City is obligated to make
payment, he would recommend the bill be paid. However, he said
he would like clarification on the period this invoice actually
covers.
Mr. Ceasar stated since he does not have the invoice, to the
best of his knowledge he is owed for two months; February and
March. He said he is paid $15,000.00 per year, at $1,250.00 per
month, which has been unchanged for a fair number of years.
He said as far as he knows, both retainers were supposed to be
agendized, as both are due.
C/M Munitz requested clarification of the period of time covered
by each invoice; and Mr. Ceasar said the month runs generally to
the 23rd or 24th. C/M Munitz said he is requesting more specific
information.
V/M Stein said there is a request for payment under a contract
and the City Attorney or the City Manager is in possession
of the contract which indicates the starting date and the termination
date. He said if the contract is invalid,m.any of Council's actions
over the past few years would
be illegal as there were hundreds of items on permits, plats,
etc. which were approved after being agendized by consent.
The Vice Mayor said he feels Council should either approve payment
to Mr. Ceasar, or direct the City Attorney to look into the matter.
City Attorney Henning said he discussed this bill with C/M I,iurlitz,
but he has never been requested to give his opinion on the legality
of the contract. He said if he is requested to do so, he will
examine the contract. There was a concern about billing which he
intends to discuss with Mr. Ceasar. Mr. Henning said it was his
understanding from the backup of material, that this payment
would be for the February bill.
C/M Munitz said the City Clerk has stated the invoice is for
March, and now February is mentioned. lie said he has no objection
to approving bills for payment, but the City should know what
period the payment covers.
_8 3/28/84 w
/rb 1
City Manager Stuurmans advised that the February retainer was
agendized at the last regular Council meeting and was approved
at that time. It was accompanied by.an advance for the March
retainer which was held until today's meeting. She said the
retainer which appears on today's agenda is the retainer for the
month of March.
V/M Stein MOVED to pay Mr. Ceasar retainer for the month of
March. SECONDED by C/M Dunne.
VOTE:
ALL VOTED AYE
C/M Munitz said based upon today's discussion, it is obvious that
some confusion exists; and he would request the City Attorney
to look into the Agreement between the City and Mr. Ceasar as
there are many areaswhich require clarification. If the City
Attorney feels the Agreement should be rewritten, or corrections
made to it, this should be given his attention.
Mayor Kravitz requested the City Attorney look into the matter
with the liaison and return to Council with a report, after which
a workshop will be held, if necessary.
13. Saw rass Expressway - Status report. Discussion and possible
action.
SYNOPSIS OF ACTION: Report given by
Executive Director of Expressway Authority.
Mr. John Gerren, Executive Director of the Sawgrass Expressway
Authority, reported that the land has already been surveyed
for the Expressway route. Right-of-way maps have been prepared
and negotiations are in process for the rights -of -way. He ad-
vised that the plans for the Expressway are 65% complete, and
arrangements are now in process for the rights -of -way.
Mr. Gerren advised that the arrangements
are now being finalized to sell the bonds. The D.O.T. will pay
for the balance of the bonds, if there is a shortage. Mr. Gerren
advised that by October of 1984, bids will have been received and
contracts will be awarded for the construction. He said attempts
are being made to complete the Expresswav within one year, but
the contractors are requesting fourteento fifteen months to do
the construction. Therefore, if all continues well, it is ex-
pected the Sawgrass Expressway will be opened early in 1986.
Mr. John Lachmann inquired about the total cost of the project;
and Mr. Gerren stated the construction cost is approximately
$90,000,000.00 and the rights -of -way approximately $40,000,000.00.
In addition, there would be engineering costs and other items.
He said as for Commercial Boulevard connection, the cost
of sixlanes would be $1,000,000.00 per one-half mile for that
type of construction.
Mrs. Vickie Beech asked how the Sawgrass Expressway would affect
the quality of life; and Mr. Gerren said it would depend upon
how one looks at it. He said this expressway was planned in 1962
and is nothing new. It connects into the turnpike at the north
and with I-75 to the south.He said people continue to move to
Florida, which creates traffic, and the Sawgrass Expressway
will help the situation.
Mayor Kravitz said he would like to inform the public that in
the future, staff will present the items on the agenda, with
their recommendations to Council. In addition, the public
will have the opportunity to give their opinions on all items.
The Mayor said this is a different procedure than was followed
in the past and he hopes it will work out to the benefit of the
entire City.
-9- 3/28/84
/rb
8. Bid Awards - Public Works Department - Discussion and
possible action on awarding bids for the following
equipment:
a) one tree and brush chipper - Temp. Reso. 43070.
b) one vibratory hydrostatic roller Temp. Reso. #3071.
c) One tandem diesel dump truck Temp. Reso, #3069.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-84- !? 9- PASSED
a), b) and c). RESOLUTION NO. R-84-_K1,=�_PASSED
RESOLUTION NO. R-84-_o _PASSED
a) City Attorney Jon Henning read the Resolution by title.
City Manager Stuurmans said Council has received a copy of the
memorandum sent to her by the Public Works Director aivina his
recommendations for the items appearing on tod.ay's agenda.
Mrs. Stuurmans said with regard to the tree and brush chipper,
Mr. Turek recommended the lowest and most responsible bidder,
Monroe Tree & Landscaping, Inc., at a cost of $1.0,989.00.
She said there were two bidders who quoted lower than that
amount, but the equipment did not meet the safety and operational
features the department desired from their point of view and
utilization of rental equipment they had experience, with over
the last few weeks. Firs. Stuurmans said she concurs with the
recommendation of the Public Works Director.
City Manager Stuurmans said these items were budgeted.for
acquisition under .Federal Revenue Sharing.
V/M Stein mentioned there is a deviation of about $2,000.00
between the low bidder, who is a fairly reputable company,
and Monroe Tree & Landscaping,Inc. He said he would like
to know the fault of the equipment of the low bidder.
Mr. Gregory Turek, Puhl.i.c works Director, stated. that the
chipper recommended has met all specifications, as outlined
in the bid. He said this chipper has a self -feeding mechanism
and the other bidders' chippers did not have this feature.
He pointed out this is a dangerous piece of equipment to operate
and the self -feeding mechanism does not have to be constantly
handled, which eliminates possibility of accidents,
Mr. Arthur Gottesman, resident, asked whether this is a
self-propelled piece of equipment; and Mr. Turek said it
has to be towed and has a iasoline engine.
V/M Stein MOVED to accept the purchase of one tree and brush
chipper, under Temp. Reso. #3070. SECONDED by C/M Dunne.
VOTE:
ALL VOTED AYE
b) City Attorney Jon Henning read the Resolution by title.
Public Works Director, Gregory Turek, advised that a vibratory
hydrostatic roller is an asphalt roller and the vibration gives
it more capacity to compact or compress material, than a static
roller would since a static roller does not have vibratory features.
He said there were two bids which were lower, one of which was
not done on a standard bid form. In addition, the equipment offered
was light weight. The other bid did not meet all specifications
and had variances on the water tank. Also, the capacity was not
as great as it is on the roller that is recommended. He said
the piece of equipment is a good one, and should last for years.
V/M Stein said the bid recommended was $9,000.00 and the low bid
was $4,395.00 and he is sure the bid would have been submitted on
the correct form, if the bidder were so requested.
Mr. Turek explained that the roller on the low bid has articulated
steering on it, which is a break in the middle of the roller
and this causes a maintenance problem. This particular roller would
cost much more to repair than the rollers bid by the other four
bidders. He said the low bidded piece of equipment just barely
met the bid requirements and is actually appropriate for an
individual who wants to do driveways or small walks.
-10- 3/28/84
C/M Stelzer commented that a bid was received for $20,000.00 on this
item, as well as one for $16,000.00.
C/M Munitz MOVED to adopt 'Temp. Reso. #3071. SECONDED by V/M Stein.
City Manager Stuurmans advised that the recommendation is for the
bid from M. D. Moody & Sons, Inc. in the amount of $9,111.11.
N70TF -
ALL VOTED AYE
c) City Attorney Jon Henning read the Resolution by title.
Mr. Turek stated this is the lowest bidder, although Powell Ford
advised 'their truck would cost less. However, it would be a
lighter weight than the City requires. The other bidders priced
their equipment on the specifications, and therefore, Broward Truck
& Equipment Co. submitted the lowest bid; and delivery is sixty to
one hundred and twenty days, which is similar to all bidders.
This is for the replacement of an item which is worn out and
costs too much to repair,
C/M Stelzer pointed out that a bid was received for $65,000.00 for
the same type of equipment, and the one the City is interested in
purchasing is priced at $43,236.00.
Mr. Turek said there is very little difference between the piece of
equipment for $65,000.00 and the one recommended.
Mr. Gottesman asked if there:is a warranty on this equipment, and
Mr. Turek said all the items bid have a warranty. Some might be
ninety days, and the equipment recommended has a one --year warranty
on it.
Mayor Kravitz said when an item is recommended by staff, the
warranty or guarantee has already been investigated.
C/M Munitz MOVED the adoption of Temp. Reso. #3069. SECONDED by
C/M Dunne.
Tape VOTE:
3
ALL VOTED AYE
9. Proposed Sidewalk on NW 88 Avenue - Discussion and possible
action
cif
Council action taken on March 1 1984
toauthorize nstallation of a three-foot asphalt sidewalk on
the west side of NW 88 Avenue from McNab Road to NW 57 Street and
west to the Temple.
SYNOPSIS OF ACTION: Council action
of 3/l/84 reconsidered. Width of
temporary asphalt sidewalk is to
increased from 3-feet to 4-Meet.
C/M Stelzer said ,the agenda should indicate that the sidewalk would
be from McNab Road to NW 57 Street and west to the Temple.
He said at a prior meeting, he had proposed that a sidewalk be
installed from McNab Road over to 57 Street and west to the Temple and
he recommended the sidewalk be four -feet. Costs were obtained from
the Public Works Director, and V/M Massaro felt a considerable
amount of money could be saved if the sidewalk would be three --feet.
She assumed there would be a 25% reduction in cost. C/M Stelzer
said he has received numerous phone calls advising that a three-foot
sidewalk would be inadequate for wheel chairs and he discussed this
with Gregory Turek who advised the only saving when installing a
three-foot sidewalk is the, cost of the asphalt and the rock,
which is minimal. He said the labor cost would be the same for both
widths, It has been indicated that the Code requires five-foot
sidewalks, but this is a temporary sidewalk, until the property
is sold, at which time a concrete sidewalk would have to be installed.
-11- 3/28/84
/rb
C/M Stelzer MOVED to reconsider Council action taken on March 1, 1984.
SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
C/M Stelzer MOVED to increase the width of the temporary
asphalt sidewalk from three feet to four feet, from McNab Road to
NW 57 Street and west to the Temple. SECONDED by VIM Stein.
170TF.
ALL VOTED AYE
Mr. John Lachmann said the estimated cost of the sidewalk was
$10,000.00 and he would like to know what the cost will be for the
increased width.
City Manager Stuurmans advised that the original estimate was for a
four -foot sidewalk.
COMMUNITY DEVELOPMENT
27. Commercial Plaza - Performance Bond - Temp. Reso. #3075 -
Discussion and possible action to call a bond posted for
positive drainage.
SYNOPSIS OF ACTION: APPROVED, if
work not done or bond extended by
3/29/84.
RESOLUTION NO. R-84-PASSED
City Attorney Henning said he received a letter this morning from
the developer stating the bond is being extended and although
April 1 is the premium date, the bond is in effect until June.
The developer advised that he intends to pay the necessary premiums
and the City will receive assurance from Travelers Insurance Co.
to this effect.
City Engineer Larry Keating said a permit was pulled yesterday and the
work was started.', The bonding company has _advised
that a letter will be rent to the City stating the bond has been extended
but the letter will not be received by March 29, which is the critical
date as far as the City is concerned.
Mr. Keating said he would suggest the City take the action
recommended.
City Attorney Jon Henning read the Resolution by title.
VIM Stein MOVED to adopt Temp. Reso. #3075. SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
28. Woodland Lake Estates - Discussion and possible action to
approve a Water and Sewer Dew_-loper_s Agreement.
SYNOPSIS OF ACTION: APPROVED as
recommended by City Engineer.
City Engineer Larry Keating said the recommended action to approve
the Water and Sewer Developers Agreement is for record -keeping purposes
only. He said the developer of the property is entitled to water
and sewer connections based upon a 1973 agreement between Herb Sadkin
and Tamarac Utilities, Inc. The new Agreement puts into the record,
the assignment of those connections. Additionally, it requires them
to pay the standard meter connection fees -.nc? guaranteed revenues,
if appropriate, which the developer would not be required to do under
the Herb Sadkin agreement. Mr. Keating said that although this has
benefits, it is strictly for record -keeping purposes.
C/M Dunne MOVED to accept the recommendation of the City Engineer.
SECONDED by VIM Stein.
-12- 3/28/84
/rb
C/M Stelzer mentioned that this is in the unincorporated area
of Tamarac.
N70TE _
ALL VOTED AYE
35. Drainage Improvements in the City - Discussion and possible
action.
SYNOPSIS OF ACTION: Report given
by City Engineer.
City Engineer Larry Keating reported that there is a continuous
effort on the part of the Engineering Department to recommend
improvements in drainage conditions. At the present time,
there are two locations that could become problems in the future;
70 Street and 58 Street. Presently, there is not much traffic
on those streets, but when the traffic increases, drainage problems
might exist. Mr. Keating said future reports will be given to
Council on drainage problems in the City.
V/M Stein said he has discussed dry wells with the Engineering Department,
as problems exist since the work had been
done temporarily. He said he is also working on a plan suggested
by Mr. Keating, whereby the City would work out an arrangement for regrad-
ing.The community would pay for material and the Public Works Depart-
ment would do the work. In this manner, the problem would be given
priority, whereas if the City has to pay for this entirely, it would
be at the bottom of the priority list. The Vice Mayor said this
situation will return to Council.
C/M Munitz said in order for Council to properly evaluate a situation,
it is necessary to be provided with written information. Mayor
Kravitz said under the new procedure, it is expected staff will
keep Council informed, and input will be provided on all items, including
this one.
GENERAL ADMINISTRATIVE/FINANCIAL
10. Municipal Facilities - Discussion and possible action on
authorization to Miller & Meier to proceed with the next
phase of duties under the contract for the new City Hall and
Police Station.
SYNOPSIS OF ACTION: Authorization
given to Miller & Meier to proceed
with design phase.
Vickie Beech, resident, said she is speaking for the people who
worked very hard for the Council to be elected, as well as for
herself. She said the people expect the Council to work for the
entire City and not only for certain areas. She said what the
people want most is for the Council to
guard the funds of the taxpapers, in order to avoid an economic
burden upon the residents.
Mayor Kravitz said on behalf of the Council and himself, he would
state the City Council expects to do all that is possible for the
residents of Tamarac.
Mr. Craig Kenyon, representing Miller & Meier, said -the architects
are ready to begin designing and drawing the new municipal complex,
to include the police facility and the City Hall. He said the
programming has been completed and the next step would be to
start the schematic design drawings, as outlined in the contract
which Mr. Henning has developed. Fie said Miller '& Meier will return
"L:o Council at the end of each phase; schematic, design development,
working drawings, and just prior to bidding. The architects will
be working with the City administration throughout the entire
process during the next six months, which is the time frame to
complete the working drawing package.
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V/M Stein asked whether it will take six months to reach
the bidding stage; and Mr. Kenyon said it will take six
months to get through the design and production documents,
up to the point of bidding.
C/M Stelzer asked whether the City paid the entire amount
for the programming phase; and Mr. Kenyon said it did.
V/M Stein MOVED to authorize Miller & Meier to proceed
with the next phase of duties, under the contract for a
new City Hall and police station. SECONDED by C/M Munitz.
City Attorney Henning said Council is authorizing $12,600.00
for the schematic of the new police station, and $18,900.00 for
the schematic of the new City Hall.
Mr. Gary Gralla, resident, said when Mr. Kenyon made the
initial presentation, there was a discussion regarding
possible grants for the construction of the Police Department
as well as other structures. He asked whether any action
has been taken to attempt to secure such grants.
1vir. Kenyon said at this time, he is aware only of ED,F1 grants for
municipal_ facilities, which would apply to this type of
construction. He said Miller & Meier applied for an EDA grant
for the City of Lauderdale Lakes a few months ago and found
there was not r,,uch money earmarked for the State of Florida;
and in the final analysis, there was none for Broward County.
A grant was not given to Lauderdale Lakes. In fact, there
are very few grants available at this time through the Federal
government which would apply to this type of project. He said
there is more interest in public works projects.
Mrs. Shirley Blumfield, resident, inquired about the projected
date for completion of the municipal facility; and Mr. Kenyon
said it will be roughly eighteen to twenty months.
Mr. John Lachmann suggested the design be reconsidered for the
possibility of a three-story building similar to the structures
at Sunrise.
Mr. Kenyon said the bond referendum and the program were developed
for a complex that would meet the City's needs at buildout.
The size of the building is designed to meet those needs and
there will be a lot more space in the building than is needed today.
Through the use of partitions and flexible space, the City will
grow into the facility as the City itself grows. He said
Miller & Meier have tried to anticipate the growth. The municipal
facility will be designed to handle a population of 75,000
and additions will not be required.
V/M Stein asked why it takes six months to put the plans together;
and Mr. Kenyon said the working drawings take the most time,
which is roughly three and a half months. The design phase
requires meetings on a regular basis with the police staff,
City Hall staff, the Council and the community; and it has
been the experience of Miller & Meier that it does take that
mucn time. This is the normal scnedule.
Mrs. Florence Bochenek said the new facility will abut residential
Sections 21 and 22 and the residents are concerned about having
a buffer . with a high berm. In order to properly accomplish
that, width and .length must be taken into consideration, so the
appropriate parking facilities can be provided.
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Mr. Morton Student, resident, said Mr. Lachmann suggested
a three-story building be considered. According to the
City's present Ordinance, a building is not to be higher than
forty feet. Mr. Student said if the City builds something
which is higher than forty feet, Tamarac will look like downtown
Fort Lauderdale. He said the residents of Tamarac chose this
City because it is suburban and would not want a municipal
complex of three stories.
Mrs. Beech asked if a certified appraisalwas ever received
of the City owned land. Since a grant will not be
forthcoming, it would have been good planning to know how
much money the City would receive for that property.
Mayor Kravitz said the City definitely intends to pursue that.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
25. Woodmont Tracts 68/77 - Cypress at Woodmont - Discussion
and possible action concerning the conditions regarding
approval of model sales permit renewal on 11/9/83 (tabled
from 1/25/84).
SYNOPSIS OF ACTION: TABLED to next
regular meeting, as recommended by
the City Attorney.
City Attorney Jon Henning stated that this item deals with
Toll Development Corporation and he discussed the problems with
Gene Toll. He said a few minutes ago, he spoke to Miles Tralins
by phone, and some new questions have been raised.
Mr. Henning recommended this item be tabled to the next regular
meeting so he can finalize discussions and present a report to
Council. He said there are a few alternatives in the works
and there will be a meeting on April llth to attempt to resolve
some of the problems.
V/M Stein said Council has a letter from Toll Development relating
to Items #24 and #25, in which Mr. Toll is looking for a long
adjournment. The Vice Mayor said he has no objection to tabling
these items, but will state for the record, that this will not
continue. Ile said this matter has been adjourned from one meeting
to another, based upon promises of refinancing, etc_ and there
is now a letter talking about some time in June.
V/M Stein MOVED to table this item to the next regular meeting,
as recommended by the City Attorney. SECONDED by C/M Dunne.
City Attorney Henning said one of the items due is the connection
charges, and another item is interest on those connection charges.
Therefore, every day those connection charges are not paid, the
City is earning 14% interest.. Mr. Henning said guaranteed
revenues are also owed. At this point, the City is not collecting
interest, but if they are not paid right away, he would suggest
there be 14% interest for anything that is not paid today.
Mr. Henning said he spoke with V/M Stein about the likelihood of
these items being paid; and he is trying to weigh the pros and cons
of cancelling these agreements and hopes to have information for
Council at the next meeting. He pointed out that the City is
earning 140 on these debts.
C/M Munitz said the City is earning the money only if it is
finally collected. There are no earnings Until monies are collected
and this amount is $96,913.00.
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Mayor Kravitz stated that relating to Tract 68, all the monies
are due on June 18, 1984; and based upon that information,
the amount of approximately $97,000.00 includes interest and
guaranteed revenues.
VOTE: ALL VOTED AYE
24. Southgate Gardens East/Mission Lakes -- Discussion and
possible action on payment in connection with the
Water and Sewer Developers Agreement (tabled from 1/25/84).
SYNOPSIS OF ACTT07: TADLED to next
regular meeting at request of City
Attorney.
V/M Stein MOVED to table this item to the next regular meeting.
SECONDED by C/M Munitz.
C/M Munitz stated the amount due on this item is $166,087.00.
City Attorney Henning said he would make the same comments on
this item as he did on Item #;25.
VOTE: ALL VOTED AYE
26. Garfinkel Professional Building - Discussion and possible action
on reconsideration of Council action of March 14, 1984 authorizin
cancellation of the Water and Sewer Developers Agreement.
SYNOPSIS OF ACTION: Council action of
3/14/84 rescinded. City Attorney not to
issue default notice. Finance Director
authorized to accept check for guaranteed
revenues in arrears.
City Attorney Henning said this item was discussed at the last
Council meeting. At that time,attempts were being made to obtain
payment for the 2-1/2 ERC's for the proposed building site which
is still a vacant lot on Commercial Boulevard. He said the
property was originally owned by Dr. Garfinkel who had sold the
land to a Mr. Myron Gordon. Mr. Henning said he contacted Mr.
Gordon and advised him of the urgency of his payment.
Mr. Henning said at the last Council meeting, he had been
authorized to default the agreement and cancel it out
and the backup includes the cancellation notices which were
prepared. The day following the Council meeting, Mr. Gordon
appeared, check in hand. The check has not as yet been cashed
pending Council action. He said if Council is of a mind to
grant the reinstatement of the back guaranteed revenues in the
amount of $91.50, the contract would remain in effect.
The City Attorney said he had also prepared a letter for
Mr. Gordon's signature, which is now signed, whereby he is
accepting the responsibility of the Water and Sewer Agreement.
C/M Stelzer MOVED that Item #E26 be reconsidered. SECONDED
by C/M Dunne.
VOTE: ALL VOTED AYE
Tape C/M Stelzer MOVED to direct the City Attorney not to issue the
4 default notice; and authorizing the Finance Director to accept
the check issued by Mr. Gordon for guaranteed revenues in arrears.
SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
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GENERAL ADMINISTRATIVE/FINANCIAL
14. Broward League of Cities Business - Discussion and
possible action on:
a) Selection of voting delegate and alternate
b) Reports
SYNOPSIS OF ACTION: a) Mayor Kravitz
selected as voting delegate; C/M Stelzer
as alternate. b) Report given by Mayor
Kravitz. Future reports will be given by
liaison.
a) Mayor Kravitz said it is the usual nroced»,re to recommend
that the Mayor be the voting delegate; and he would suggest
at this time that Council consider C/M Stelzer as the
alternate. V/M Stein SO MOVED. SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
b) Mayor Kravitz stated that he has been providing Council
with reports for the past three years, and in the future,
the liaison will make reports to Council.
The Mayor said a communication has been received by the League
of Cities advising that the temporary director is former Mayor
Walter Falck. Also, a letter of congratulations was receivedfrom
the League to the new Council; and the entire Council and
their spouses are invited to the next League dinner meeting,
which will be held on the third Thursday of April.
LEGAL AFFAIRS
21. - a n Administrative Use - Temp_ Reso.
TemporaryModel,_Sales and_Ad_min 've
43060 Discussion and possible action to establish a cash
bond amount to be posted to cover the cost of demolition or
removal of a temporary residential or commercial structure
pursuant to Ordinance 84--1. (tabled from 3/14/84).
SYNOPSIS OF ACTION: APPROVED, RESOLUTION NO. R-84- 9,2' �PASSED
establishing minimum of $2,000.00.
Additional costs to be certified by
engineer or architect,and that be the
amount of the bond.
City Attorney Jon Henning stated that this item was heard at
the last Council meeting and the Council has the backup and the
enabling language in the Ordinance which provides for this
Resolution. He said this relates to temporary model sales and
temporary offices which are used at developments while the
developments are being built, whether it be for the Ambassador
Federal Savings & Loan Bank or for a residential project. He
said in the past, the City had only :temporary residential structures,
but through the bank project as well as other projects, there
is a need for a Resolution to cover commercial structures.
Mr. Henning said the earlier Ordinance provided for a $2,000.00
bond, and when it was amended, it was decided the bond would be
set by Council. And now, instead of having a Bet figure of
$2,000.00 for demolition, it is suggested it be a minimum of
$2,000.00 and if there are additional costs for 100o of
demolition and removal of structures, it. be certified by an
engineer or architect, and that be the amount of the bond.
City Attorney Jon Henning read the Resolution by title.
C/M Munitz MOVED the adoption of Temp. Reso. 3060. SECONDED by
C/M Dunne.
VOTE: ALL VOTED AYE
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3/28/84
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22. Temporary Model, Sales and Administrative Use - Temp.
Reso. #3072 - Discussion and possible action amending
the permit fee schedule for temporary residential or
commercial structures.
SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-84- 1�5 PASSED
Last line in Section I is to read,
"commercial developments at $500.00".
City Attorney Jon Henning read the Resolution by title and
explained that this concerns the same Ordinance previously
referred to, which is found in Chapter 28-216 for temporary
model structures. He said as mentioned, there was a recent
amendment to include this for commercial structures also;
and the backup contains the old fee schedule which was authorized
by the Ordinance to establish the fees by Resolution. He said
the only thing new is the explanation of the history of this
and the last line of Section I which is to read, "commercial
developments at $500.00".
Mr. Henning said permits are
as provided in the Ordinance.
Council meeting as there was
there would be an easement or
to remove the structure if th
not removed. He said this was
and is not required to be in
generally issued for six months,
This item was tabled at the last
a question of whether or not
a license to go on the property
e permit expires and the structure
provided for in the Ordinance
the Resolution.
C/M Munitz asked whether the fee would be $500.00 regardless
of the size of the commercial development; and Mr. Henning
said there is an escalating cost based upon the model sales
permit. He explained that in the City of Tamarac, regardless
of the size of the model sales, the City assesses a fee
based upon the number of units in the project.
Mr. Henning said the City is not receiving a great deal of
applications for temporary commercial structures; and the
first one was from the Ambassador Savings & Loan. The way
it stands now, there would be a six month fee of $500.00.
C/M Munitz said he is not comfortable with the idea that
all commercial developments be at the same fee.
V/M Stein MOVED the adoption of Temp. Reso. #-3072. SECONDED
by C/M Dunne.
City Attorney Henning mentioned that Three Lakes Plaza had a
temporary structure, but he does not know whether a fee was
assessed at that time or not. Also, the bank which will be at
the outparcel of Richway, is a much smaller structure, and
there is a question as to the equity. He said the $500.00
figure was recommended by the previous Council.
V/M Stein said he feels the $500.00 amount is appropriate at
this time. This can always be amended if the City finds there
is a tremendous amount of commercial development in the future.
Fie said this Resolution applies to temporary facilities which
banks use for deposits, or for the sale of units in a commercial
building. The Vice Mayor said he feels the $500.00 fee is adequate
to permit a bank to take in deposits for six months and he would
like to encourage the development of commercial projects in the
City instead of hindering it.
VOTE: ALL VOTED AYE
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COMMUNITY DEVELOPMENT
31. Westview at Colon West - Parcel L - Site Plan - Temp.
Reso. #3073 - Discussion and possible action to extend
approval of the final site plan.
SYNOPSIS OF ACTION: TABLED
C/M Stelzer MOVED to table Item 31. SECONDED by V/M Stein.
VOTE: ALL VOTED AYE
33. Lakes of Carriage Hills - Revised Site Plan - Review of
parking shown on plan (plan approved 3/14/84).
SYNOPSIS OF ACTION: TABLED at
the request of the applicant.
City Manager Stuurmans said the petitioner has requested this
item be tabled. C/M Munitz SO MOVED. SECONDED by C/M Dunne.
VOTE: ALL VOTED AYE
MAYOR KRAVITZ RECESSED THE MEETING AT 11:40 FOR LUNCH, UNTIL
1:30 P.M.
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3/28/84
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$ L A N K P A G E
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Tape THE MEETING WAS CALLED TO ORDER AT 1:30 P.M. AND ALL WERE PRESENT.
5
BOARDS AND COMMITTEES
5. Commissioner of Human Relations - Discussion and possible
action on:
a) Acceptance of members by Temp. Reso. #3068 (tabled from
3/1/84)
b) Announcement of vacancy for this position.
SYNOPSIS OF ACTION: (See Page 2).
Discussion but no action was
taken.
Mayor Kravitz said he was told that C/M Stelzer wanted to reconsider
this item but V/M Stein said since C/M Stelzer voted against this
item he cannot reopen this item. Mayor Kravitz said he and C/M
Stelzer received copies of a letter from Bob Shurr requesting
rescission of the action taken this morning whereby Council
accepted his resignation. Mayor Kravitz asked if Council wanted
to reconsider this and hearing no Motion, the'action taken in
the morning accepting Mr. Shurr's resignation stands.
C/M Munitz questioned the procedure with regard to appointments
to committees and'boards as to whether they expire with the end
of an administration or with the date of the expiration of the
appointment. Mayor Kravitz said it is his understanding that at
the end of their expiration period there will be reappointments
to the various committees. He said in the event that a new person
has not been replaced yet, the old committee stays until a new
group'is appointed by Council. The City Manager said there was a
question in prior years and there was a ruling given by the City
Attorney at that time that until the successor is appointed, the
individual remains in office regardless of the specificity of the
Resolution essentially. --
John Lachmann asked if there is a procedure as to the manner in
which people are considered for appointments to the various
committees and boards. Mayor Kravitz said there is a procedure
whereby the applicant would file with the City Clerk and she, in
turn, will -submit the applications to Council. Council may then
interview them and nominate who they feel they would like to
serve. C/M Munitz asked the part the liaison plays in these
appointments. Mayor Kravitz said they have none since the liaison's
function is to go to the meetings of that particular committee
to bring back input to Council. Harold H. Newman, resident, asked
if there is a limitation as to how many committees and boards a
person can serve on simultaneously? Mayor Kravitz said his
understanding is that at the present time there is no limitation.
He said the Charter does state that whenever possible it should
be limited to spreading it out to the different districts. C/M
Munitz said the qualifications of the candidate would be a deciding
factor.
Melanie Reynolds, Charter Board member, said they have asked the
City Clerk's office to put down the District number. Mayor Kravitz
said this can be taken care of. She said when the 1976 Charter
was passed, there was a Conflict -of -Interest Ordinance. She said
City Attorney Birken took out two sections of this Ordinance which
she felt was a violation of the Charter. She said one of the
sections he removed was that you could only be on one committee at
a time. Mayor Kravitz asked the City Attorney's opinion and Mr.
Henning said he knows of nothing in the Charter or Code that
prohibits a'person from serving on more than one committee or board.
He said there might be a conflict if a person was on the Planning
Commission as well as the Board of Adjustment but otherwise he
knew of none. He said several months ago he sent a memo out on
committees raising several questions which he is available to work
on at a Workshop Meeting to write an Ordinance to answer these
questions.
- 21 - 3/28/84
/pm
Mayor Kravitz said he will call a. Workshop Meeting on this item.
GENERAL ADMINISTRATIVE/FINANCIAL
11. Recreation Department Activities - Temp. Reso. #3061 - Dis-
cussion and possible action to authorize execution of a
lease agreement to use the facilities at Lake Colony for
Recreation Department activities (tabled from 3/14/84).
SYNOPSIS OF ACTION: TABLED to
the 4/11/84 meeting.
Jon Henning said he had a phone conversation with John Dow who is
the party representing Lake Colony Properties and his main office
is in Georgia. He said he has a tentative appointment to meet
with him on 4/6/84 concerning the lease agreement. He said the
purpose of this is for the City to use the Lake Colony Recreation
Building for a dollar lease for one year with a 60-day cancella-
tion clause which they wanted. He said the City has an obliga-
tion to get insurance and other than that, the City will not be
paying for maintenance, utilities or rent except for the dollar
amount. He said this would be for civic, recreational or
educational activities that would be either sponsored by the City
and the Recreation Department or cosponsored with another organ-
ization.
Mr. Henning read the Resolution by title and recommended tabling
this to the next regular Council meeting. C/M Munitz asked where
the specific location was and Mr. Henning said on McNab Rd. east
of University Dr. behind Family Mart. C/M Dunne MOVED to TABLE
this to the next regular meeting, SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
LEGAL AFFAIRS
23. Mid --South Engineering_ Company - Discussion and possible action
on assignment of certain contracts with the City from Mid -
South Engineering Company to Keith & Schnars, P.A.
SYNOPSIS OF ACTION: The City Attorney
was authorized to oppose any assignments
of the contracts.
The City Attorney said he is trying to get some information front
the attorneys on this and suggested Council pass a motion author-
izing him to object to the assignment of the contracts and he will
move forward on that. He said the City Clerk and City Engineer's
offices have been trying to locate these two contracts that the
bankruptcy referee claims should be assigned from Mid -South to
Keith & Schnars. He said the City claims that we have no existing
contract and if they assign a right he assumes that a bill will
come soon after for some services rendered. At this point he said
he would advise Council to authorize him to move forward at the
4/9/84 Show Cause Hearing for the Federal Court to object to the
transfer of these contracts. He said they claim they have two
contracts, the company has gone bankrupt and now they are saying
they want these two contracts, which are assets,assigned to Keith
& Schanrs. However, he said, the City says we do not know they
exist but certainly we do
not want to be party to an assignment. C/M Munitz asked if the
City Attorney has seen copies of these alleged contracts and M'r".
Henning said no, he has talked to the secretary of the attorney
who filed the bankruptcy for Mid South in Miami. He said he
received in the mail the two word processing orders that Council
has in their backup which indicates Items 45 and 370 in the
bankruptcy proceedings as being assignable contracts.
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3/28/84
/pm
V/M Stein MOVED to authorize the City Attorney to oppose any assign-
ment of any contracts, SECONDED by C/M Dunne.
VOTE:
PUBLIC HEARINGS
ALL VOTED AYE
15. Lakeside P1��
Plaza Pa t ership - Petition #6-Z-84 Temp. Ord.
...........----......----
#1091 - Discussion and possible action to rezone lands on
the west side of North State Road 7, at 5401-5483 North
State Road 7, from B-1 (Neighborhood Business) to B-2
(Planned Business). First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
SYNOPSIS OF ACTION: Public Hearing
was held.
a) Accepted Affidavits of Publication,
Posting and Mailing.
b) APPROVED on first reading.
a) Mr. Henning read the Ordinance by title. Mayor Kravitz asked the
Assistant City Clerk for verification of all three Affidavits and
she verified -that she had them all. V/M Stein MOVED ACCEPTANCE
of the Affidavits, SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
b) Richard Rubin said the application is made by the owners of the
property which is located on State Road 7. He said generally,
the B-1 zoning district means that the type of usage would be to
serve a small area and this was approved by the Planning Commission
as well as himself. Mayor Kravitz opened and closed the public
hearing with no response. V/M Stein MOVED APPROVAL of Temp. Ord.
#1091 on first reading, SECONDED by C/M Dunne.
VOTE: ALL VOTED AYE
16. Sabal Townhouse Development Corporation - Petition #7-Z-84 -
Temp. Ord. #1092 - Discussion and possible action to rezone
those recreational lands at the intersection of NW 46 Ave-
nue and NW 59 Street and those recreation lands north of
NW 59 Street and extending west from NW 46 Avenue, from
S-1 (Open Space/Recreational) to R-4A (Planned Apartments).
First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
SYNOPSIS OF ACTION: Public Hearing
was held.
a) Accepted Affidavits of Publication,
Mailing and Posting.
b') APPROVED on first reading.
a) Mr. Henning read the Ordinance by title and Mayor Kravitz asked
the Assistant City Clerk for verification of all three Affidavits
and she verified that they had been received. C/M Munitz MOVED
ACCEPTANCE of the Affidavits, SECONDED by C/M Dunne.
VOTE:
ALL VOTED AYE
b) Mr. Rubin gave the history of the project stating that about six
years ago Sabal Palm Townhouse Development came to the City for
permits to site plan and plat their property which was ten acres
in size and they decided, at that time, to put 100 units on the
property based upon the need for open space at the southeast corner
and the center of the property.
23
3/28/84
/pm
Mr. Rubin said the City rezoned the property that way because the
Code requires that open space be zoned Sµ-l. However, he said, in
the last six or seven years there was a recession and the builder
did not proceed with the project but has subsequently entered into
a contract to sell it to a new builder. He said the new builder
has come to the City with the site plan that changes the concept
from townhouses to two-story garden apartments with a larger re-
creation area centrally located and other things that will be
discussed when the site plan comes before Council. He said in
order to build the new project, he had to remove the original
S-1 zoning and he will have to replace it with new S-1 areas once
the Council decides where they will go. He said once the final
site plan is approved, there are two processes going through simul-
taneously, the request to remove the S-1 rezoning and a request to
resite plan with new approval, new platting, etc.
Mr. Rubin said with the rezoning before Council today to remove
the S-1 parcel, staff has no objection but cautions that in effect,
they are invalidating their old site plan and the applicant does
not want to invalidate it before he gets his hew site plan. He
said staff recommends there is no need for S-1 and they would like
Council to consider either holding the public hearing today and
tabling action until a new site plan comes before them or holding
the second reading until the site plan comes in.
Mr. Henning suggested Council have the first vote after the public
hearing and at the second reading, if there is a need to delay it
for the site plan preparation, there be a deferred vote at the
second reading. V/M Stein said he would like to table the vote
until the site plan is approved since he would not want to approve
a rezoning without having a site plan showing where everything will
be located. C/M Munitz asked Mr. Rubin if any S-1 zoning will be
sacrificed and Mr. Rubin said no. Mayor Kravitz opened the public
hearing. Dan Oyler, representing Craven Thompson, said their goal
is to have the site plan, plat, all agreements and rezoning reviewed
at one time. He said the Planning Commission voted to approve this
subject to the site plan being approved and releasing the old site
plan and he requested they vote on this today. Mayor Kravitz closed
the public hearing with no further response and C/M Stelzer MOVED
APPROVAL of Tem . Ord. #1092 on first reading subject to approval
of the new site plan, SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
17. _Florida Power and Light Company - Petition #10-Z-84 - Temper
Ord. #1093 - Discussion and possible action to rezone lands
on the south side of Southgate Boulevard, approximately
1,320-feet east of NW 88 Avenue, from A-1 (Limited Agri-
cultural) to R-3 (Low Density Multiple Dwelling) providing
for 40 residential dwelling units. First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
SYNOPSIS OF ACTION: (See Pages 25, 26 & 33).
Public Hearing was held and
voting was held on this item.
a) Mayor Kravitz asked the Assistant City Clerk for verfication of all
three Affidavits and she verified that they were received. V/M Stein
MOVED to ACCEPT the Affidavits of Publication, Posting and Mailing,
SECONDED by C/M Dunne.
VOTE:
ALL VOTED AYE
g _ -___ #1093 by title and Richard Rubin
Tape said he would refer to discus,
Mr. Henning read the -Le Ord _
p p s the Land Use Planning before the
6 zoning. He said the City's Land Use Plan shows a parcel under
consideration for utility purposes.
- 24 -
3/28/84
/pm
Mr. Rubin said there was an agreement by prior Council to place the
utility site across the street on the north side of Southgate Blvd.,
therefore, there is no need for this site to be zoned utility. He
said the property must be consistent with the Land Use Plan and,
although Item 17 is placed chronologically before Item 18 on the
agenda, he requested Council recognize that the proper Land Use
designation, Item 18, should be discussed before voting on Item
17, the rezoning. Mr. Henning said the rezoning and public hearing
on Item 17 should be held but he advised Council hold their vote
until they are in approval of the contracts that come later on.
Likewise, he said, with Item 18, after the various agreements are
reviewed, they can vote on the Land Use Plan first.
Mr. Rubin said the applicant -.would like to place 10 units per acre
on this piece of property instead of the utility designation. He
said two things Council should consider are: first, in 1979, the
City received a Land Use Plan amendment from Broward County
increasing the land uses in Land Sections 4, 5 and 6 greater than
the County's Plan because of the vested rights issues there.
He said someone might question where 40 units will be found to
place on this property without increasing the density or maximum
amount of units permitted in Tamarac. He said in the last year
2 developers have removed or reduced the amount of units on their
property in Land Sections 4, 5 and 6. He said if Council is in
agreement to place residential units on this property, he would
like Council to authorize the City to find the appropriate units
to assign to it. He said after the public hearings are finished
at the City level, they must receive recertification from the
Broward County Planning. He said the property has a golf course on
two sides, Southgate Blvd. on the north side and could support ten
units per acre. He said the Planning Commission reviewed this on
3/7/84 and recommended only 20 units be placed on it which would
be clustered housing, duplexes, etc., 10 units per acre would allow
garden apartments, townhouses, two-story apartments and with 5
units per acre, villas would be allowed. He said the applicant
is requesting 10 units per acre but the Planning Commission is
recommending 5 units per acre.
Mr. Rubin said he has discussed this with Tim Taylor of FP&L and
before the land is sold, the City would like a deed restriction
or stipulation that i.t be'developed under current City Ordinances
that may be amended from time to time. Mr. Henning said FP&L owned
this land when Leadership went to court, they were not joined in
the suit but the judge saw fit to encompass them in the Order. C/M
Stelzer asked if Council votes for R-3, would they be ignoring the
Planning Commission's recommendations and the City Planner said yes.
V/M Stein said he lives in this area and both the Property Owners
Association and the people have no objection to granting 10 units
per acre or less. C/M Munitz said he is uncomfortable with the
attitude that Council must act in a certain way to avoid a law suit.
Mayor Kravitz opened the public hearing. Lou Vladem, President of
the Property Owners' Association of'Woodmont, said they' have always
known that most of the exterior areas would be apartments, villas,
etc. John Lachmann, resident asked Mr. Vladem if they have an
Architectural Committee that approves the types of residences and
he said no, the property owners fight to maintain control. Emil
Beutner, Vice Chairman of the Planning Commission, said some things
to be considered are sewer, water and garbage since the area is
already overcrowded. Alice Norian, citizen, said with lower density
there will be a better quality of living conditions. Tim Taylor,
representative of FP&L, said R-3 is consistent with the surrounding
areas and 10 units per acre is not considered very high density.
He said since it is golf course property it will be kept in conform-
ance with surrounding areas.
Mr. Rubin said the highest density in the entire City is 15 units
per acre whereas the County has as much as 50 units per acre. He
said the 10 unit- designation would only be allowed to be built in
two -stories. Mayor Kravitz closed the public hearing with no
further response.
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3/28/84
/pm
C/M Munitz asked Mr. Vladem if the threat of a law suit had any
bearing on the Property Owners decision and Mr. Vladem said no
since they are realistic and are only concerned with the area
conforming with what they now have. C/M Munitz said he feels the
action the Planning Commission took is an important factor since
they found it necessary to deny this density. C/M Stelzer asked
what the threat of a law suit might be and Mr. Henning said the
appropriate use of the land has to be determined. He said for
15 years that land was a substation site for FP&L and the community
has prevailed upon FP&L to locate this on the other side of the
street and they did so. He said the appropriate use of a sub-
station site must be determined if it is not going to be used for
a substation. He said they are suggesting multifamily dwellings
at 10 units per acre next to a business parcel. He said they are
also going forward with some rezoning because they had 2 substation
sites across the street from each other. He said FP&L has not
threatened that they will sue the City. C/M Stelzer asked if there
was any basis for a lawsuit and the City Attorney said anyone can
file a law suit.
Mr. Rubin said he did not appear before the Planning Commission
on this item but if he had he would have recommended 10 units per
acre around the perimeter of the property. V/M Stein said he would
like to go on the record as being concerned because there are 7
acres zoned business and he would endorse 10 units per acre
residential, however, he does not want this zoned commercial.
Mayor Kravitz said the voting will be held on this until later.
18. Land Use Plan Amendment -W Petition #3-LUA-84 - Tem . Ord.
#1094 —Discussion and possible action to change the Land
Use designation of a parcel of land 400-feet in width by
435-feet in depth located on the south side of Southgate
Boulevard approximately 1,320-feet east of NW 88 Avenue,
from Utility to Low Density Multiple Dwelling. First Reading.
SYNOPSIS OF ACTION: (See Page 33).
Public Hearing was held and
the voting was held on this item.
Mr. Henning read the Ordinance by title and C/M Stelzer asked if
a negative vote on either Items 17 or 18 would be on both and Mr.
Rubin said no, the primary item being discussed is the Land Use.
If Council decides to approve the low -medium density instead of
the utility, 10 units per acre can be placed on the property or
or even less. The County Charter states that the City shall pre-
pare a Land Use Plan and then zone accordingly and may be more
restrictive. C/M Munitz said- if Council votes yes to Item 18
they are just saying that it can be zoned no more than 10 units
per acre.
Mr. Rubin said for the record, the Planning Commission motion on
Item 18 also recommended that the Land Use Plan should be 5 units
low -density residential. Mayor Kravitz opened the public hearing
and Lou Vladem said the parcel of land next to Woodmont is zoned
Commercial and they will fight that. Mayor Kravitz closed the
public hearing with no further response and said the voting will
be held on this item.
LEGAL AFFAIRS
19. Florida Power an
d Light Company - Discussion and possible
action on:
a) Authorization for the appropriate City officials to
execute a Contract for Purchase and Sale of City -owned
"lands on the north side of Southgate Boulevard approxi-
mately 1,200-feet east of NW 88 Avenue for an electrical
utility substation - Temp. Reso. #3022
b) Developers Agreement
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3/28/84
/pm
c) Agreement regarding City fees for platting purposes.
d) Rezoning Petition #2-Z-84 to rezone lands on the north
side of Southgate Boulevard, approximately 1,200-feet
east of NW 88 Avenue, from S-1 (Open Space/Recreational)
to R-1S (One -Family Dwelling), to be limited to utility
substation purposes only - _Temp. Ord. #1087. Second
Reading. (Public Hearing held 3/14/84)
1) Acceptance of Affidavit of Publication and Affidavit
of Posting.
2) Consideration of application.
(tabled from 3/14/84).
SYNOPSIS OF ACTION: (See Pages 26, 28, 29,
30, 31, 32, 33 and 34).
Discussion continued, vote was held.
a) Mr. Henning read Temp. Reso. #3022 by title and Mayor Kravitz said
even though this is not a public hearing, he will allow the public
Tape to be heard. Morton Student, resident, said he is opposed to the
7 substation being put in Tamarac. Bill Donohue, resident of Coral
Springs, said he is concerned about the power station because of
the health hazards to the children of both cities as well as the
aesthetics. Mayor Kravitz said since the public hearing was already
held, each speaker will be limited to 2 minutes.
Melanie Reynolds, Charter Board member, said she is concerned about
this from a legal standpoint. She asked what the legal basis is
for selling the park land. Mr. Henning said the land is greatly
encumbered by the easement of FP&L which runs along it so even if
the City was to keep this land, they would have to obtain per-
mission from FP&L to put anything there. He said they gave the
City permission to put Veterans Park on University Dr. and South-
gate Blvd. Hc: said the City is trying to incorporate a strip of
land that is not being used at all, except for the present park
at the corner, to improve the 1,200-feet that extends on 88 Avenue
to the substation site and the City intends to have that graded
and landscaped. He said the original staff recommendation was to
locate this at the corner and to leave that entire green area
between the park and 88 Ave. available for future use. He said
there were public hearings on this and it was the voice of the
people to not have it at the corner of 88 Ave. but to move it
1,200-feet east to the present location. He said, therefore,
Council is responding to the will of the people. He said Section
2-9.21 of the Code authorizes the City to sell that land and there
is a bid procedure that will be complied with.
Penny Mangus, Assistant City Attorney of Coral Springs, said she
would suggest the focus of this issue has been primarily on where
the substation should be built but should be on why the substation
should be built. She said they have read the minutes and a lot of
studies and it has come across clearly that Tamarac is deeply con-
cerned about the health hazards, their property values and what she
has not been able to find is a presentation by FP&L of conclusive
evidence that they have a pressing urgent need to locate a sub-
station in this area.,,
She said in the beginning, the battle lines
were drawn with Tamarac and FP&L and now it appears there is a
new battleground between Tamarac and Coral Springs. She suggested' -
there is no conflict between Tamarac and Coral Springs and they both
have the same fears and concerns and would like to share in seeking
a solution. She said in June, 1981, FP&L told Tamarac there is a
need for a substation and, although 3 years have passed, they have
not shown what that need is.
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3/28/84
/pm
Ms. Mangus said FP&L has said there are no health hazards but Mr.
Bender has done extensive research on this, along with Dr.
Oppenheimer,and these studies indicate there may be a health hazard.
She said FP&L has said it is unsafe to locate the substation under-
neath those transmission wires, however, when it became profitable
for FP&L to sell that property on the south side of Southgate Blvd.,
it suddenly became safe. She said the cities must determine what'
is in the best interests'for the health and safety of their residents,
whereas, FP&L does not make their decisions based on that consider-
ation. She suggested the Coral Springs Commissioners and Tamarac
Council have a Joint Workshop Meeting with FP&L making a presenta-
tion to both.
Mayor Kravitz asked Larry Bender for his report as to the alleged
health hazards involved. Larry Bender said he made a
study on the subject for 2 years and currently the scientific'
environment suggests that a measurement of 1 KBM be used at the end
of the right-of-way as the safe area. He said his calculation
indicated that in order to achieve this, they would need a right-
of-way of 250-feet, that is, 125-feet from either side. lie obtained
a copy from FP&L of the site plan for this substation and it shows
that there is 310-feet of clearance on the north side which seems
to be within the safe area and, on the south side there is 151-feet
which also falls within the safe area. He said the scientific
field has determined that in order to be hazardous, there has to
be what is known as chronic exposure, which is defined as 8 hours
per day in the particular environment of the magnetic field. He
said this ;accumulates over a period of 4 to 5 years before it
becomes effective where it will do some damage. Scientifically,
FP&L has met the safety requirements as submitted on the site plan.
C/M Munitz asked for whom has FP&L fulfilled its safety requirements?
Mr. Bender said they have filled the safety requirements of the
scientific community recommendations for residents, industry and
business. C/M Munitz said he is equally concerned for Coral Springs
as well as Tamarac and he asked Mr. Bender if, in his professional
opinion, this location of the FP&L substation is in any manner
injurious to the health, safety and welfare of the people of either
City. Mr. Bender said as presently designated on the site plan,
he sees no health hazard whatsoever although there will be children
walking by and playing there, this is not considered chronic
exposure. C/M Munitz asked Mr. Bender if, in his opinion, the
objections of the people of Coral Springs are valid. Mr. Bender
said they are alarmed but without validity. C/M Munitz asked Mr.
Henning if there were any legal problem with the sale of this and
Mr. Henning said no. C/M Munitz said the other problem mentioned
is the actual need for the substation. Tim Taylor said he could
justify the need for this without a doubt. V/M Stein asked Mr.
Bender if the station is closer to Tamarac than Coral Springs and
Mr. Bender said yes, it is 151-feet on the Tamarac side and 310-
feet away on the Coral Springs side. V/M Stein said he just wanted
to clarify that it is not being moved into Coral Springs.
Robert Clothier, resident of Coral Springs, said at a meeting last
week he brought up 2 years of minutes of Council meetings where
Mr. Bender and other people of Tamarac brought up health and safety
issues. He said concerning the chronic exposure item,
children will,
in fact, be exposed to a magnetic field on their way to school.
He said it was stated by Mr. Bender in one of the prior meetings
that the substation should not be put in Woodmont because a resident
lived within 300-feet and today the safe distance has been quoted
as 150-feet. He said he questions these variable measurements.
He asked who chose the present site as the best possible location?
Mr. Henning said there was the area on the south side of Southgate
Blvd. that was decided by the public as the worse site, then there
was the staff recommendation for a corner location on the north side
of Southgate Blvd. opposite the high school on the south side of the
C14 canal and that was rejected.
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3/28/84
/pm
Mr. Henning said this is the third proposal and it is now 1,200-
feet east of 88 Ave. on the north side of Southgate Blvd. and that
has been the best proposed so far. Mr. Clothier said he believes
that West Broward County has regional power needs and this is not
a Tamarac or Coral Springs problem. He said he feels the recommend-
ation from the Coral Springs Assistant City Attorney should be
followed and FP&L should address these problems on a regional basis.
He asked why FP&L cannot use the profit they would gain from the
sale of the residential parcels of land that they own to relocate
the substation away from densely populated areas. He said when
Mr. Bender said it is closer to Tamarac, that is true, however,
it is 150-feet closer to a golf course not close to a high school
with hundreds of students. Mr. Clothier asked who
were the experts who ruled on the health aspects of the placement
of the substation on the north side of Southgate Blvd.? Mr.
Henning said the question is, since there is a presumption there,
who were the experts who established that there was a health hazard
and then it can be determined whether or not the health hazard has
been dealt with.
Mr. Clothier said if there are no health and safety issues, why is
the location for the substation being moved at all? Larry Bender
said Mr. Clothier cited the adjacent piece of property that is
zoned commercial which would have no distance between and that would
be zoned where people would be working 8 hours a day. He said that
was one of the reasons he objected to that. Audrey Paxton, an
attorney retained by the City of Coral Springs to do some research
of the power station,said she is a resident of Coral Springs and a
property owner in Tamarac as well. She said it is obvious that the
body of scientific research continually changes on this subject and
as time goes by they are finding the health hazards that high--
powered transmission lines present is becoming greater and we are
able to understand it better. She said there is one study that has
been done in Sweden that shows that even a corridor of 500-feet does
produce an increased evidence of malignant tumors in children. She
said even if we accept what Mr. Bender recommends as an appropriate
amount of magnetic radiation, no one has actually gone to the site
and done a measurement to tell what will happen if the substation
goes up under those wires. She asked that Council delay any action
until they can ascertain definitely that the amount of radiation
will be less than a dangerous level.
Mr. Henning said he would like to clarify
the record by having Mr. Bender state his qualifications and expertise
in this field. Mr. Bender said he has a BS in Electrical Engineer-
ing from the University of Maryland, he spent 33 years working as
a civilian Engineer with the Department of the Army Electronics
Command, he was instrumental in design and development of radar
equipment, laser beams and microwave installation. He said he
has extensive knowledge on radiation and got involved in this
situation by request of the Homeowners Association that he look
into this when FP&L first came to the City to build. He said he
collected data world-wide, has spoken to individual doctors of
physics and medical people throughout the United States, has
written overseas and is on the distribution list of several
scientific research organizations that send him data on the dis-
tribution and transmission of electrical lines and its hazards, not
only on humans but on animals and plant growth.
Mr. Bender said by utilising some of his background plus the in-
formation he has accumulated, he concluded that much of what he
has determined was duplicated by Dr. Shephard who just made a year
study for the State of Montana. He said Dr. Shephard is consultant
to the United Nations for foreign countries and makes the same
type of recommendations along the lines of Mr. Bender's findings.
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3/28/84
/pm
Mr. Bender referred to Dr. Shephard's book,"Biological Effects of
High Voltage Transmission Lines" which was published in February,
1983. Mr. Henning asked Mr. Bender if he was paid by anyone for
the work he is doing and Mr. Bender answered no. Mr. Henning asked
Mr. Bender if he is studying the electro-magnetic fields that
surround high voltage lines and Mr. Bender said yes, particularly
the hazard that occurs from the magnetic field that emanates from
the high voltage lines. Mr. Bender said it seems that the magnetic
force coincides with a human's frequency and, to that extent, they
have uncovered information indicating there was some kind of hazard.
He said he obtained some of this information from the Freedom of
Information Acts from the Department of Energy, U.S. Government,
which also indicated some significance of possible effects. Mr.
Henning said some people have used the word "radiation", is there
atomic radiation involved here?Mr. Bender said no, it is
magnetism, a magnetic field that. emanates from the high voltage
line similar to dropping a pebble into a pool of water with the
circles that surround it. Mr. Bender said the magnetic field is
directly related to the amount of current that goes into the high
voltage lines.
Mr. Henning asked Mr. Bender if there was, in his opinion, a safety
area or right-of-way area and are there sidewalks in that area:
Mr. Bender said no, the right-of-way is 250-feet, 125-feet on each
side. Mr. Bender said if there were sidewalks going through there
some kind of exposure would be unavoidable but it is not considered
dangerous but is very much like a dental k-ray.' Mt-. Henning asked
if someone were standing on the curb of Southgate Blvd. would they
be within the corridor of the 125-feet either way? Mr. Bender said
yes. Mr. Henning said he is trying to determine if it is 125-feet
from the powerline or 125-feet on the ground. Mr. Bender said it
is the high voltage line, the substation as such is not a hazardous
situation. He said it is the high voltage lines as they are brought
down to the ground, the intensity increases somewhat but the
magnetism would be the same as far as distance where the high voltage
line reaches the transformer.
Mr. Henning said there are 3 concerns:
1) the determination of whether or not there is a need
2) the health hazard
3) the aesthetics
Mr. Henning said the statement made that there is a lack of safety
to put the substation under the high tension wires was in the
construction of the substation. He said FP&L stated that they are
reluctant to bring in the cranes and operating equipment that would
be needed to construct the substation under the wires. He said they
are willing to take the risk in order to satisfy the other concerns,
that is, the health and aesthetics. Mr. Henning said there are 3
b,c, agreements prepared by the City Attorney's office in conjunction
d with negotiations with the FP&L representatives. He said the
Developers Agreement has an Exhibit which' -has 3 parcels indicated
on it. He said the second Agreement is fbr platting. He said the
Exhibit attached to the Development Agreement shows those 3 parcels
as (a), (b) and (c). He said Parcel (a) is on the corner of 88th
Ave. and Southgate Blvd. on the north side of the street, (b) is
the subject of the sale which is the 700-foot frontage on Southgate
Blvd. adjacent to Parcel (a). He said Parcel (c) is across the
street from Parcel (b), which is the rezoned area that was the
original location. He said the Contract for Sale states the terms
for the purchase of Parcel (b). He said a Real Estate Agreement was
Tape proposed by the attorneys for FP&L and was amended and revised by
8 the City. He said they have a description of the property and the
proposed purchase price, which is $114,000 for the parcel. He said
the City has a report which was brought in today by Alan Ruf, the
Consultant City Attorney, from the appraisers that were hired by
the City. He said the appraisers state that any price between
$110,000 and $115,000 is fair and reasonable compensation for this
parcel.. He said the only additional cost that the City has in this
purchase is the compromise to provide an abstract to FP&L for a cost
they set at a maximum of $500. He said they expect it to be about
half that amount.
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3/28/84
/pm
Mr. Henning said FP&L is paying for the stamps and all other fees
involved. He said there are no taxes to prorate because the
property is not on the tax rolls and they will give confirmation
to FP&L. He said this is an added income to the City because after
the purchase, the property will be placed on the tax rolls as tax-
able property. He said
the procedure is
basically that the executed contract be reviewed which'Mr. Taylor
has with him today. He said there is a deposit of 75% of the
purchase price required and, under the Code, 2 advertisements in
the newspaper and a public offering where competitors could bid
against the property. He said if no one bids for that property
at a higher price, then the sale would be fixed. He said the
contract reads that approximately 30 days from today there would
be a confirmation of the sale. He said the City would execute
the Contract for Sale but we have 30 days to go through the public
offering as required by the Code. He said there is then the
normal cooperation to establish the title and clear any defects
that may come up and have the papers come together for the eventual
closing.
20. Land Use Plan Amendment Petition #1-LUA-84 - Temp. Ord.
#1088 - Discussion and possible action to change the Land
Use designation for a parcel of land 700-feet in width by
180-feet in depth, located approximately 1,200-feet east of
the northeast corner of NW 88 Avenue and Southgate Boulevard,
lying between Southgate Boulevard and the C-14 canal from
Public -Private Recreation/Open Space to Utility, in order
to permit an electrical utility substation. Second Reading.
(Public Hearing held 3/14/34).
SYNOPSIS OF ACTION:
APPROVED Temp. Ord. #1088 on
second and final reading.
ORDINANCE NO. 0-84--,PASSED.
Mr. Henning read the Ordinance by title and V/M Stein MOVED
APPROVAL of Temp. Ord. #1088 on second and final reading, SECONDED
by C/M Dunne.
C/M Munitz asked C/M Stelzer to state the history of this for the
benefit of Council. C/M Stelzer said this has been before Council
several times for several years now and the final agreement Council
approved was the relocation on the north side of Southgate Blvd.
about 1;200-feet east. of 88 Ave. with the provision that the piece
of property on the south side, which is against Woodmont Golf Course,
would be rezoned to Residential so that at no time can FP&L ever
use that property for a substation.
VOTE: ALL VOTED AYE
19. Florida Power and Light Company - Discussion and possible
action on:
a) Authorization for the appropriate City officials to execute
a Contract for Purchase and Sale of City -owned lands on the
north side of Southgate Boulevard approximately 1,200-feet
east of NW 88 Avenue' -for an electrical utility substation -
'T'emp. Reso. #3022.
b) Developers Agreement
c) Agreement regarding City fees for platting brocess.
d) Rezoning Petition #2-Z-84 to rezone lands on the north side
of Southgate Boulevard, approximately 1,200-feet east of
NW 88 Avenue, from S-1 (Open Space/Recreational) to R-lB
(One -Family Dwelling), to be limited to utility substation
purposes only - Temp. Ord. #1087. Second Reading. (Public
Hearing held 3/14/84).
1) Acceptance of Affidavit of Publication and Affidavit of
Posting.
2) Consideration of application.
(tabled from 3/14/84).
SYNOPSIS OF ACTION: ( See Pages 26, 27, 28, 29, RESOLUTION NO. R-84- PASSED.
30, 32, & 33).a) APF'FCXM . Fes. #304, b) APFFOJID, ORDINANCE NO. 0-84-�/d PASSED.
c ) APPROVED, d) (1)AMM Hffidavits, (2) APFFU1ID'Itat .
Ckd. #1087. 3/ 2 8/ 8 4
31 - /pm
C/M Stelzer said the City's agreement with FP&L was to give them
permission to relocate the piece of property where they wanted it
conditioned on rezoning that little piece of property on the
south side to Residential. He questioned whether this should not
be settled before handling the contracts and Mr. Henning said the
zoning matter has to be considered independently and the order in
which Council is considering the items is fine.
a) V/M Stein MOVED APPROVAL of Temp. Reso. #3022, SECONDED by C/M
Munitz.
VOTE: ALL VOTED AYE
b) Developers Agreement - Mr. Henning said this agreement deals with
Parcel '(b) and Parcel (c) and there is a typo on Page 2 of his
memo, in the first -paragraph on the -second page, this should end
with Parcel (c). He said there are two groups of contracts here,
the Sales Agreement,which is strictly Parcel (b),and the Developers
Agreement which deals with (a) and (c). He said there is a recitation
of the facts in the Developers Agreement and then .it discusses the
cooperation for beautification for Parcel (a) in Paragraph 2 which
states that they have agreed to place at least 20 trees in locations
to be agreed to in the future on the area between the FP&L sub-
station site and the corner of 88 Ave. He said--'FP&L has agreed
to submit a Beautification Plan to the Beautification Committee and
to the City for the land adjacent to the substation. He said there
has also been discussion acid an agreement that if the City can find a
ground cover that would survive on that location, they would assist
the City in placing some greenery and grading in the area west of the
substation.
Mr. Henning said the next paragraph in his memo has to do with the
old substation site, Parcel (c), and there is no density on this
agricultural site. He said the City has agreed to sell density
units at $2,000 per unit which has been transacted in the past for
other developers when there was a transfer of density within the
flexibility use in the Land Use Plan. He said they are taking
Agricultural property which has no density and transferring excess
density from other locations which will be specified in other
documents in the City. He said the fee of $2,000 per unit will
be paid either before the land is sold to a developer or within a
year from the contract, which would be 4/l/85. He said that is
a cost of $80,000 if they take the full 40 units but they are
not obligated to put 40 units on there and can buy what they need.
Mr. Henning said he is not recommending his next comment but if
Council feels the density is too high they can restrict the number
of units. He said he recommends approval of the Developers Agree-
ment but requested the vote be held after the rezoning item (d).
c) Agreement regarding City fees for platting process. Mr. Henning
said this is an agreement that has been used in other developments
and this allows them to move forward with the platting of the land
which is required by the City and the County to submit those fees
required by the City for drainage retention and improvement, and
that they can submit their plat for City and County approval. He
said if for some reason the County does not approve the plat, or
the closing should not take place, the fees would be refunded.
C/M Munitz MOVED APPROVAL, SECONDED by V/M Stein.
VOTE: ALL VOTED AYE
d)Rezoning Petition #2-Z-84"- Mr. Henning -read T1' mp. Ord. #1087 by title
and said this is the second reading ofi the rezoning of the proposed
substation site. He said it is presently S-1 (Recreational) and
is proposed to be rezoned to R-1B%(Residential). He said R-IB has
two aspects to it, first, it is single family dwelling and second,
it allows substations.
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3/28/84
/pm
Mr. Henning said it is not intended or anticipated that there
will be single family dwellings on this location, in fact, there
are no density units in order to build houses on this location.
1) Mayor Kravitz asked the Assistant City Clerk for verification of
receipt of the Affidavits of Publication and Posting and she
verified they were received. V/M Stein MOVED ACCEPTANCE of the
Affidavits, SECONDED by C/M Dunne.
VOTE:
ALL VOTED AYE
2) V/M Stein MOVED APPROVAL of Temp. Ord. #1087 on second and final
reading, SECONDED by C/M Dunne.
VOTE: ALL VOTED AYE
18. Land Use Amendment - Petition #3-LUA-84 - Temp. Ord. #1094 -
Discussion and possible action to change the Land Use designa-
tion of a parcel of land 400-feet in width by 435-feet in
depth located on the south side of Southgate Boulevard
approximately 1,320-feet east of NW 88 Avenue, from Utility
to Low Density Multiple Dwelling. First Reading.
SYNOPSIS OF ACTION: (See Page 26).
APPROVED Temp. Ord. #1094 on first
reading.
Mayor Falck said the City Attorney read Temp. Ord. #1094 into the
record and Mr. Henning said this is a Land Use Plan Amendment
regarding the old substation site which was previously agricultural
use. He said this Parcel (c) that would now be Land Use Planned
for Residential. V/M Stein MOVED APPROVAL of Temp. Ord. #1094
on first reading, SECONDED by C/M Dunne.
VOTE: ALL VOTED AYE
17. Florida Power and Light Company - Petition #10-Z-84 - Temp.
Ord. #1093 - Discussion and possible action to rezone lands
on the south side of Southgate Boulevard, approximately
1,320-feet east of NW 88 Avenue, from A-1 (Limited Agri-
cultural) to R-3 (Low Density Multiple Dwelling) providing
for 40 residential dwelling units. First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of. application.
SYNOPSIS OF ACTION: (See Pages 24, 25 & 26).
b) APPROVED Temp. Ord. #1093 on first reading.
Mayor Kravitz said the Affidavits were accepted on this item
(See Page 24 ).
b) Mr. Henning said this is the rezoning of the previous site and is
the area that is referred to on the Developers Agreement to which_
they will be transferring density. V/M Steam MOVED APPROVAL of
Temp. Ord. #1093 on first reading, SECONDED by C/M Munitz.
VOTE: ALL VOTED AYE
19. Florida --Power and Light Company - Discussion and possible
action on:
a) Authorization for the appropriate City officials to execute
a Contract for Purchase and Sale of City -owned lands on the
north side of Southgate Boulevard approximately 1,200-feet
east of NW 88 Avenue for an electrical utility substation -
Temp. Reso. #3022.
b') Developers Agreement.
c) Agreement regarding City fees for platting process.
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d) Rezoning Petition #2-Z-84 to rezone lands on the north
side of Southgate Boulevard, approximately 1,200-feet
east of NW 88 Avenue, from S-1 (Open Space/Recreational)
to R-IB (One -Family Dwelling), to be limited to utility
substation purposes only - Temp._ Ord. #1087. Second
Reading. (Public Hearing held 3/14/84).
1) Acceptance of Affidavit of Publication and Affidavit
of Posting.
2) Consideration of application.
(tabled from 3/14/84).
SYNOPSIS OF ACTION:
TABLED to the second
request of the City
(SeePages 26,27,28,29,30,31,32 & 33.
reading at the
Attorney.
b) Mr. Henning recommended that this be TABLED to the second reading.
C/M Dunne so MOVED, SECONDED by V/M Stein.
VOTE:
ALL VOTED AYE
Mr. Henning said there are two items left concerning FP&L. First,
Mr. Taylor has some executed documents to give to the City Clerk
before he leaves and, second, there was the question of need raised
in the discussion and to make the record complete, he requested
Mr. Taylor respond to this. Mr. Taylor gave the Assistant City
Clerk the Contract for Purchase which they have endorsed and
witnessed and said, since the Developers Agreement was tabled,
he would hold that. He said there are 3 items he would like to
address:
1. the safety concern was only during the construction phase.
2. the rezoning of the property on the south side to R-IC, which
would allow 5 units per acre, or R-3, which is 10 units per
acre. He said R-lC allows a distribution substation, R-3 does
not.
3. In terms of need in this location, the City of Tamarac presently
does not have a substation. He said its electrical needs are
served from substations in the cities of Coral Springs, Margate
and Lauderhill and also the southwestern fringe of Sunrise.
He said there is a pocket of continued growth in customer demand
in this area. He said a power source must be inserted in the
center of that area in order to serve this growth that the City
of Tamarac and the southwestern end of Coral Springs is incurring
at this time. He said the need for a substation is essential
and cannot be put off too many more years.
Mr. Henning asked Mr. Taylor if FP&L was to move the substation a
mile or two one way or the other, would it serve the same purpose?
Mr. Taylor said wherever there is a transmission line, a substation
could be put, however, as far as serving the purpose, moving it
would not do as well as that location. C/M Munitz asked if Coral
Springs would benefit as well and Mr. Taylor said yes. He said
the substation does not intensify the voltage, but rather, greatly
reduces it approximately 18 times less.
Mayor Kravitz said he has followed this item from the beginning
and he invited all residents from Coral Springs to visit him in
his office and give their views before the second reading. He
told the Assistant City Attorney of Coral Springs that she can
relay the message to the Coral Springs Commission that he will
consider a Joint Workshop. C/M Dunne said people panic when power
is mentioned but they are very cautious with this now. Mr.
Henning stated for the record that Mr. Taylor is a resident of
Coral Springs and is concerned for the welfare of his City as well.
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COMMUNITY DEVELOPMENT
29. Wed ewood -- Revised Site Plan - Temp. Reso. #3056 - Dis-
cussion and possible action on a revised site plan for ex-
tension of a slab for a screened enclosure for Unit 13-D
(tabled from 3/14/84).
SYNOPSIS OF ACTION: APPROVED.
RESOLUTION NO. R-84- _PASSED.
Mr. Henning read the Resolution by title and said this was tabled
for letters of approval from neighbors and the City Manager said
approval has been recommended by staff. C/M Stelzer MOVED APPROVAL
of Temp. Reso. #3056, SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
30. Spyglass - Revised Site Plan - Temp. Reso. #3076 - Discussion
and possible action on a revised site plan for a room addition
to Unit 21-A.
SYNOPSIS OF ACTION: APPROVED.
RESOLUTION NO. R-84-_f�a' PASSED.
Mr. Henning read the Resolution by title and C/M Stelzer MOVED
APPROVAL of Temp. Reso. #3076, SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
32. Woodmont Tract 67 - Site Plan - Temp. Reso. #3074 - Discussion
and possible action to extend approval of the final site
plan.
SYNOPSIS OF ACTION: APPROVED.
RESOLUTION NO. R-84- _PASSED.
Mr. Henning read the Resolution by title and7Mr. Rubin said this
is one of the multiple family projects in Woodmont that. the Council
approved over a year ago. He said the Ordinance states if a building
permit .is not pulled within a year after approval, an application
must be made for an extension. He said in this case the only
concern was that it is possible a new parking Ordinance might be
involved. He said the new Ordinance was not adopted, therefore,
they endorse the continuation of the site plan according to the
Resolution. C/M Stelzer MOVED APPROVAL of Temp. Reso. 43074,
SECONDED by C/M Munitz.
VOTE:
ALL VOTED AYE
34. Adult Congregate Living Facilities - Discussion and possible
action.
SYNOPSIS OF ACTION: The City Planner was
authorized to determine what is necessary
to allow this type of facility in the
City and return to Council.
C/M Stelzer said this facility would be located at 94 Ave. and
58 St. and the City has received complete site plans with everything
in order. He said they brought in a letter from the Broward County
Planning Council stating that the facility could not be built on
the property unless it was rezoned. He said he -received many calls
from residents endorsing this and he suggested Council authorize
the City Planner to see what steps would be necessary so that
this could be built in Tamarac. He said his only objection was
the kitchen facilities but if they were to change this to a hot
plate and small refrigerator, he would see no problems. He MOVED
that the City Planner be authorized to determine what must be done
to have this facility. V/M Stein said he is well aware of these
types of facilities and they have a small kitchen facility and
usually receive at least 2 meals a day.
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3/28/84
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Mr. Rubin introduced Jerry Mucci to Council as his Assistant
and partner.
Mr ----Rubin said Mr. Mucci. was uirector of Planning in Coral Springs
for 11 years so he is very familiar with this specific issue. He
said Mr. Mucci has already started conversations with the County
Planning Council and they have to make proposals to the County to
change their zoning in order to get this approved. He requested
Council give him authorization to prepare the necessary Ordinances
and work with the County to permit this type of facility in the
City. He said the Tamarac Planning Commission would be part of
the process but Council will review it, however, this would be
necessary in order to staft the procedure moving.
Tape Mayor Kravitz asked Mr. Rubin if there were any additional charge to
9 the City for him to do this and Mr. Rubin said they work at an hourly
rate to -which -they have agreed. The Mayor asked for an estimate
of what this might cost the City and Mr. Rubin said he could estimate
the cost to prepare the Ordinance, however, to work with the County
might be a figure of which he is not sure. He said if Council
would prefer to state that the amount would not exceed $500 without
a continuation of approval by Council, he could go along with that.
Mayor Kravitz said he would be more comfortable if he knew what it
would cost the City to start this before proceeding. Mayor Kravitz
suggested going along with the original motion to give him time
to come back to Council to say what they anticipate the cost will
be.
VOTE: ALL VOTED AYE
REPORTS
36. City Council Reports
C/M Dunne said he sat in on a Site Plan Review Meeting held yester-
day and he found it most informative.
C/M Munitz said he presented several ideas and suggestions to the
City Attorney to be put in the form of Resolutions or Ordinances
for presentation to Council in the future.
C/M Stelzer - No report.
V/M Stein - No report.
Mayor Kravitz said there will be a Pre Agenda Workshop Meeting held
Thursday, 4/5/84 at 8:30 A.M. followed by a Workshop Meeting for
interview of the Auditors at approximately 10:00 A.M.
37. City Manager Report
City Manager Stuurmans asked the City Clerk to notify those firms
that have indicated an interest in being Auditors for the City and
set up appointments for the 4/5/84 Workshop Meeting. She said
eariler this week the City Attorney, rise Chief and she were con-
tacted concerning the Ambulance Service. Previously, Tamarac was
served by the Community Ambulance Service and they will no longer
have the contract. She said a new ambulance firm will be covering
the Tamarac area called MEDICS. They will be placing an ambulance
at University Hospital and the City has agreed to place an
ambulance at the East Fire Station on a contingency basis, since
they needed that facility today at an amount of $425 per month
rental. She said unless Council objects, she will ask the City
Attorney to draw up a formal contract for the next regular Council
meeting. The Council agreed with this.
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38. City Attorney Report
Jon Henning said priorities must be set concerning Workshop meet-
ings. He said there was some discussion about a committee memo
which he did months ago and he suggested that eventually, there
should be a Workshop Meeting to pursue that. He said the
Beautification Committee requested he do a redraft of the Sign
Ordinance which has been completed and will be distributed. He
said he would suggest a Workshop Meeting for further input and
drafts of this.
The meeting was adjourned at 4:45 P.M.
ATTEST:
ASSISTANT CITY CLERK
This public document was promulgated at a cost of $Jai d� or
$10-21 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 MEHIN-C OF rlv
City Clerk
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