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HomeMy WebLinkAbout1989-06-28 - City Commission Regular Meeting MinutesRECORD OF COUNCIL ACTIONS/DISCUSSION CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, JUNE 28, 1989 CALL TO ORDER: 9:00 A.M. ANNOUNCEMENT 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. INTRODUCTION 1. a. PRESENTATION by City Manager Kelly of ten-year employee service awards to the following employees: 1. Glenda Christian Finance Department 2. Jim Budzinski Fire Department 3. Dennis Peloso Fire Department FINAL ACTION: PRESENTATION was made to Glenda Christian, Finance Depart- ment, Jim Budzinski, Fire Department and Dennis Peloso, Fire Department. b. PRESENTATION by City Manager Kelly of five-year employee service awards to the following employees: 1. Tami Fenner Personnel Department 2. Theodora Miller Building Department 3. Patricia Rivera Police Department FINAL ACTION: PRESENTATION was made to Tami Fenner, Personnel Department, Theordora Miller, Building Department and Patricia Rivera, Police Department. 2. PRESENTATION of legislative and grant report by Legislative Liaison Mitch Ceasar. FINAL ACTION: PRESENTATION was made. Page 1 06/28/89 CONSENT AGENDA 3. Items listed under Consent Agenda, Item 3, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. If discussion is eked, then the item(s) will be removed from the Consent Agenda and will be considered separately. Building Department. a. MOTION TO APPROVE replacement of a cash bond in the amount of $14,325.00 posted for the completion of landscaping, irrigation and a jogging path at the FAIRFAX Neighborhood Recreation Facilities with Letter of Credit #L/C20679 in the same amount. FINAL ACTION: APPROVED. City Clerk b. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 5/24/89 - Regular Meeting 2. 6/05/89 - Special Meeting FINAL ACTION: APPROVED 3.b.1. APPROVED 3.b.2. C. MOTION TO APPROVE renewal of a model sales permit for SPRING LAKE VILLAS (NORTHWOOD II) and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six-month period from 7/14/89 to 1/14/90. FINAL ACTION: APPROVED. d. MOTION TO APPROVE renewal of a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for THE LANDINGS ON CYPRESS GREENS for a six-month period from 7/27/89 to 1/27/90. FINAL ACTION: APPROVED. Engineering/Utilities e. MOTION TO ADOPT Tem Reso. #5472 authorizing the appropriate City officials to execute a hold harmless agreement with Storage Tank Management Associates, Inc., for drilling two (2) monitoring wells on the former TEXACO property at Prospect Field Road and NW 53 Street. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-181 PASSED. I 1 Page 2 06/28/89 I 3. f. MOTION TO ADOPT Temp. Reso. #5473 release a cash performance bond in the amount of $500.00 posted by Action Valve Installation, Inc., to guarantee the installation of fire hydrant taps in connection with Bids #88-39 and #88-40 for TUW Projects 87--14A and 88 17A. FINAL ACTION: RESOLUTION NO. R-89-182 PASSED. APPROVED. g. 1. MOTION TO ADOPT Temp. Reso. #5474 accepting the paving and drainage public improvements for BELFORT PHASE I and waiving the requirement for a warranty bond as the improvements have been installed since July 1986. 2. MOTION TO ADOPT Temp. Reso. #5475 accepting the paving and drainage public improvements for BELFORT PHASES III AND IV and waiving the requirement for a warranty bond as the improvements have been installed since July 1986. FINAL ACTION: RESOLUTION NO. R-89-183 PASSED. RESOLUTION NO. R-89-184 PASSED. APPROVED 3.g.1. APPROVED 3.g.2. h. MOTION TO APPROVE rejection of the single bid received under Bid 89-37, Water Well Rehabilitation, TUW Project 88-46, and to APPROVE rebidding this project to solicit additional response. - FINAL ACTION: APPROVED. i. MOTION TO APPROVE rejection of all bids received under Bid #89-34, TUW Project 89-17, Fire Flow Meter for Quail Oaks/Treehouse, as one bid was inadvertently returned to the bidder unopened; and to APPROVE rebidding this project. FINAL ACTION: APPROVED. Public Works Department j. MOTION TO ADOPT Temp. Reso. #5496 approving a drainage and public utilities easement offered by Lennar Homes, Inc., for the TAMARAC SPORTS COMPLEX. FINAL ACTION• APPROVED. RESOLUTION NO. R--89-185 PASSED. CONSIDERATIONS Cit Council 4. MOTION TO APPOINT a voting delegate to the 63rd Annual Convention of the Florida League of Cities on October 12- 14, 1989, in Jacksonville, Florida. FINAL ACTION: APPOINTED Henry Rohr. Page 3 06/28/89 Community Development 5. MOTION TO APPROVE a Woodland WOODLAND Woodlands Boulevard 12/28/89. FINAL ACTION: APPROVED. model sales permit for The Courts at COVE) in Unit 1 of Building 1 at 5811 for a six month period from 6/28/89 to Engineering/Utilities 6. MOTION TO APPROVE the Tamarac Utilities West Annual Report of Water and Wastewater System for Fiscal Year 1987/1988 as prepared by Hazen and Sawyer, F.C. FINAL ACTION: APPROVED. 7. a. MOTION TO APPROVE Change Order 7 to the contract with R.J. Sullivan Corporation in the amount of $7,236.87 for additional work performed on TUW Project 86-14, Water Treatment Plant Expansion; and APPROVAL to transfer $7,237 from Water CIAO Account 432-389-120 to Water Treatment Plant Improvements Account #432-363-533-659 to fund this change order. b. MOTION TO ACCEPT Final Release of Lien as provided by R.J. Sullivan Corporation for TUW Project 86-14, Water Treatment Plant Expansion. C. MOTION TO AUTHORIZE final payment in the amount of 267,670.93 to R.J. Sullivan Corporation for work performed on TUW Project 86-14, Water Treatment Plant Expansion. FINAL ACTION: APPROVED 7.a. ACCEPTED 7.b. APPROVED 7.c. 8. MOTION TO AUTHORIZE staff to negotiate with companies or arms for repair of a diesel generator at Tamarac Utilities East pursuant to Code Section 9-37(8) as no bids were received for this project under the bidding procedure. FINAL ACTION: APPROVED. General Administrative 9. MOTION TO APPROVE reimbursement of $89,856.00 to LENNAR HOMES, INC., for road impact fees (tabled on 6/14/89). FINAL ACTION: TABLED at request of the petitioner. Police Department 10. MOTION TO APPROVE an agreement with Institutional Sales Corporation in the amount of $6,235.00 for the sole source purchase of fitness equipment for the Police Department to APPROVE the appropriate budget transfer. FINAL ACTION: APPROVED. Ll 1 11 Page 4 06/28/89 RESOLUTIONS Community Development 11. MOTION TO ADOPT Tem Reso. #5481 transferring a special exception for a restaurant with on -premises consumption of beer and wine from Steak and Ale of Florida, Inc., d/b/a Bay Street, to Alan R. Palmieri d/b/a Bay Street at 5819 N. University Drive. FINAL ACTION: RESOLUTION NO. R--89-186 PASSED. APPROVED. 12. MOTION TO ADOPT Temp. Reso. #5482 granting an extension of time for site plan approval for the WATERS EDGE project located on the east side of NW 94 Avenue, north of NW 58 Street. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-187 PASSED. 13. MOTION TO ADOPT Temp. Reso. #5483 approving a revised site plan for BANKATLANTIC reflecting addition of drive up teller lanes at 5600 N. University Drive. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-188 PASSED. 14. MOTION TO ADOPT Temp. Reso. #5484 concerning a request by Marathon Oil to remove the deed restrictions pertaining to gas stations and convenience stores from the property located on the southwest corner of NW 61 Street and University Drive. FINAL ACTION: TABLED at request of petitioner. 15. a. MOTION TO ADOPT Temp. Reso. #5485 granting extension of the contingent approval of a plat entitled the "R.K. Plat" for THE MARKETPLACE AT TAMARAC located at the northeast corner of Commercial Boulevard and NW 70 Avenue. b. _MOTION TO ADOPT Temp. Reso. #5502 granting an extension of time to comply with the provisions contained in Resolution R-89-51 which granted contingent approval of a site plan for The Marketplace at Tamarac. c. MOTION TO ADOPT Temp. Ord. #1442 on first reading to amend Ordinance 0-89-9 by changing the effective date for vacation of an 835-foot long, 13-foot wide, portion of road right--of-way on the south side of NW 57 Street, east of NW 70 Avenue, for The Marketplace at Tamarac project, from 8/1/89 to 10/1/89. FINAL ACTION: RESOLUTION NO. R-89-189 PASSED. RESOLUTION NO. R-89-190 PASSED. APPROVED 15.a, APPROVED 15.b. APPROVED 15.c. on first reading. Public Hearing and second reading is scheduled for 7:30 p.m., Wednesday, August 9, 1989. Page 5 06/28/89 Engineering/Utilities 16. MOTION TO ADOPT Temp. Reso. #5486 awarding Bid #89-21 in tiie amount of $122,980.00 to Utilities Services, Inc., to rehabilitate sewage pump stations 3E and 4E and to provide telemetry equipment for all Utilities East pump stations, TUE Project 87-13. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-191 PASSED. 17. MOTION TO ADOPT Tem . Reso. #5487 awarding Bid #89-31 in the amount of $6,500.00 to Cues, Inc., for the purchase of one self-propelled transporter to propel a 3-inch diameter closed circuit video camera through 6-inch to 15-inch pipes. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-192 PASSED. 18. MOTION TO ADOPT Temp. Reso. #5488 awarding Bid #89-35 in the amount of 11,275.00 to Madsen/Barr Corporation to reconstruct 150-feet of 8-inch VCP sanitary sewer main by flexible lining process. FINAL ACTION: RESOLUTION NO. R-89-193 PASSED. APPROVED. 19. MOTION TO ADOPT Temp. Reso. #5489 awarding Bid #89-36 in the amount of $16,350.00 to Broward Hurricane Panel Company to furnish and install hurricane shutters for the TUW Water Treatment Plant Building, Project 88-41. FINAL ACTION: APPROVED. RESOLUTION NO. R-89-194 PASSED. 20. a. MOTION TO ADOPT Temp. Reso. #5491 awarding Bid #89-39 in the amount of $15,660.00 to Panzer Aluminium Pro- ducts to furnish nine (9) aluminum electrical control cabinets. b. MOTION TO ADOPT Temp. Reso. #5492 awarding Bid #89-40 in the amount of $51,051.11 to K & M Electrical Supply, Inc., to furnish electrical components for nine (9) aluminum electrical control cabinets. FINAL ACTION: APPROVED 20.a. APPROVED 20.b. General Administrative RESOLUTION NO. R-89-195 PASSED. RESOLUTION NO. R-89-196 PASSED. 21. a. MOTION TO ADOPT Tem . Reso. #5497 authorizing the appropriate City officials to execute a lease agreement with Continental Cable and Joseph & Diana Biesterfeld for the installation of an antenna at 6115 N. University Drive for city-wide communications. 1 1 Page 6 06/28/89 21. b. MOTION TO ADOPT Temp. Reso. #5498 authorizing the appropriate City officials to execute a lease agreement with Pan American Properties, Inc., for the installation of an antenna at the Spectrum Building, 4901 NW 17 Way, Fort Lauderdale, at a cost of $60.00 per month. FINAL ACTION: RESOLUTION NO. R-89-197 PASSED. RESOLUTION NO. R-89-198 PASSED. APPROVED 21.a. APPROVED 21.b. Personnel Department 22. MOTION TO ADOPT Temp. Reso. #5493 authorizing the appropriate City officials to execute a continuing employment and training contract with Broward Employment and Training Administration. FINAL ACTION: TABLED at request of City Manager. 23. MOTION TO ADOPT Temp. Reso. #5494 amending Section 41 of the Personnel Manual concerning a time limit on use of compensatory leave and payment upon termination; Section 50 of the Personnel Manual concerning clarification of procedures in discipline of employees; and Section 52 of the Personnel Manual concerning clarification of grievance and appeal of grievance procedures. FINAL ACTION: TABLED at request of City Manager. Public Works Department 24. MOTION TO ADOPT Temp. Reso. #5490 awarding Bid #89-30 in the amount of 10,496.00 to Lesco, Inc., for one 5-gang reel mower. FINAL ACTION: RESOLUTION NO. R-89-199 PASSED. APPROVED. 25. MOTION TO APPROVE the repair of a C-14 Canal drainage pump by sole source supplier Couch Pump Company in the amount of $4,999.00 as no bids were received for these services under the bidding procedures. FINAL ACTION: APPROVED. 26. MOTION TO ADOPT Temp. Reso. #5500 awarding Bid #89-33 in the amount of $25,351.00 to Reagan Equipment Company for one (1) stationary engine at the C-14 Canal pump station. FINAL ACTION: RESOLUTION NO. R-89-200 PASSED. APPROVED. 27. MOTION TO ADOPT Temp. Reso. #5495 creating one (1) senior ma ntenance position and one 1, maintenance position for the new Police Station with funding provided in the lease agreement with the Broward Sheriff's Office. FINAL ACTION: RESOLUTION NO. R-89-201 PASSED. APPROVED. Page 7 06/28/89 PUBLIC HEARINGS - 10:00 A.M. 28. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5477 concerning a request by EUGENE RICHARDS for a special exception to permit a dry cleaning establishment for direct customer services at 7110 N. University Drive in Family Mart Shopping Center, which is zoned B-2 (Planned Business). Petition #18-Z 89 FINAL ACTION: RESOLUTION NO. R-89--202 PASSED. Public Hearing held. APPROVED. 29. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5478 concerning a request by V&W LAUNDRY, INC., for a special exception to permit a launderette at 7110 N. University Drive in Family Mart Shopping Center, which is zoned B-2 (Planned Business). Petition #19-Z-89 FINAL ACTION: RESOLUTION NO. R-89-203 PASSED. Public Hearing held. APPROVED subject to: 1. No gaming machines permitted on premises. 2. No dry cleaning permitted on premises. 3. Attendant on duty at all times. • ; s _"X&M�I PUBLIC HEARINGS - 10:00 A.M. Community Development 30. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Temp. Ord. 1439. Petition #16-Z-89. b. PUBLIC HEARING MOTION TO ADOPT Temp. Ord. #1439 on second reading concerning a request by LENNAR HOMES, INC., to rezone the lands proposed for the recreation area for DEVON, located on the east side of NW 108 Terrace, north of NW 71 Place, from R-3U (Rowhouse) to S-1 (Open Space/Recreational). Petition #16-Z-89. FINAL ACTION: ORDINANCE NO. 0-89-18 PASSED. 30.a. ACCEPTED Affidavits. 30.b. APPROVED on second reading as amended. Public Hearing was held. 31. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1440. Petition #17-Z-89. b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1440 on second reading concerning request by the CITY OF TAMARAC to rezone City -owned lands on the north side of the Tamarac Park at 7501 N. University Drive from R--4A (Planned Apartments) to S-1 (Open Space/Recreational). Petition #17-Z-89. FINAL ACTION: ORDINANCE NO. 0-89-19 PASSED. 31.a. ACCEPTED Affidavits. 31.b. APPROVED on second reading, Public Hearing was held. J 1 Page 8 06/28/89 32. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1435 on second reading to amend Article 11, Section 28-13 of the City Code to delete the requirement that the BOARD OF ADJUSTMENT hear special exceptions. FINAL ACTION: ORDINANCE NO. 0-89-20 PASSED. APPROVED on second reading. Public Hearing held. OPEN PUBLIC FORUM 33. OPEN PUBLIC FORUM - Any member of the public who wishes to a ress�the City Council at this time must, in advance of the item, give his/her name and address to the City Clerk REPORTS 34. City Council 35. City Manager 36. City Attorney City Council 37. MOTION TO ADOPT Temp. Reso. #5501 opposing off -shore drilling and mining. FINAL ACTION: RESOLUTION NO. R-89-204 PASSED. APPROVED. 3-8. MOTION TO ADOPT Temp. Ord. #1441 on first reading amending Article II, Section 2-11 of the Code to provide for the elimination of night City Council meetings, and also to provide that the City Council will not meet for four (4) consecutive weeks at a time designated by the Council. FINAL ACTION: MOTION to approve was DEFEATED. AGENDIZED BY CONSENT 39. MOTION TO ADOPT the FP&L Report given by the City Manager as part of the minutes for this meeting. FINAL ACTION: APPROVED. The City Council may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Council meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. Carol A. Evans City Clerk Page 9 06/28/89 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 281 1989 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, June 28, 1989 at 9:00 A.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance followed by a Moment of Silent Meditation. PRESENT: Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr Councilman Jack Stelzer ALSO PRESENT: John P. Kelly, City Manager Richard Doody, City Attorney Carol A. Evans, City Clerk Pauline Walaszek, Special Services Secretary General Administrative 9. MOTION TO APPROVE reimbursement of $89,856.00 to LENNAR HOMES, INC., for road impact fees (tabled on 6/14/89). SYNOPSIS OF ACTION: TABLED at the request of the Petitioner. V/M Bender said Item 9 should be Tabled at the request of the Petitioner. * C/M Rohr MOVED to TABLED this Item, SECONDED by C/M Hoffman. VOTE: Community Development ALL VOTED AYE 14. MOTION TO ADOPT Temp. Reso. #5484 concerning a request by Marathon Oil to remove the dee restrictions pertaining to gas stations and convenience stores from the property located on the southwest corner of NW 61 Street and University Drive. SYNOPSIS OF ACTION: TABLED'at request of the Petitioner. V/M Bender said Item 14, should be Tabled at the Petitioner's request. * V/M Bender MOVED to TABLE Temp. Reso. #5484, SECONDED by * C/M Rohr. VOTE: Personnel Department ALL VOTED AYE 22. MOTION TO ADOPT Temp. Reso. #5493 authorizing the appro- priate City officials to execute a continuing employment and training contract with Broward Employment and Training Administration. SYNOPSIS OF ACTION: TABLED at the City Manager's request. Page 1 6/28/89 V/M Bender said Item 22, should be Tabled at the City Manager's request. * C/M Rohr MOVED to TABLE Temp. Reso. #5493, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE 23. MOTION TO ADOPT Tem . Reso. #5494 amending Section 41 of the Personnel Manual concerning a time limit on use of compen- satory leave and payment upon termination; Section 50 of the Personnel Manual concerning clarification of procedures in discipline of employees; and Section 52 of the Personnel Manual concerning clarification of grievance and appeal of grievance procedures. SYNOPSIS OF ACTION: TABLED at the City Manager's request. V/M Bender said Item 23, should be Tabled at the City Manager's request. * C/M Rohr MOVED to TABLE Temp. Reso. #5494, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE Mayor Abramowitz asked the City Manager to inform the public what the trophy on the dais was for. City Manager Kelly said the City participated in the March -Of -Dimes program and the City beat the other Cities in Broward County. He said the City was given the trophy to hold this year and he congratulated the team of volunteers and staff for doing a good job. C/M Stelzer asked who was on the team and Mayor Abramowitz suggested that a memorandum be sent to the Councilmembers as well as posted on the Bulletin Board regarding who was on the team. INTRODUCTION 1. a. PRESENTATION by City Manager Kelly of ten-year employee service awards to the following employees: 1. Glenda Christian Finance Department 2. Jim Budzinski Fire Department 3. Dennis Peloso Fire Department b. PRESENTATION by City Manager Kelly of five-year employee service awards to the following employees: 1. Tami Fenner Personnel Department 2. Theodora Miller Building Department 3. Patricia Rivera Police Department SYNOPSIS OF ACTION: PRESENTATIONS were made for a. and b. a. City Manager Kelly presented ten-year employee service awards to Glenda Christian, Finance Department, Jim Budzinski, Page 2 6/28/89 Fire Department, and Dennis Peloso, Fire Department. He thanked the employees for their many years of service to the City. b. City Manager Kelly presented five-year employee service awards to Tami Fenner, Personnel Department, Theodora Miller, Building Department, and Patricia Rivera, Police Department. He thanked the employees for their many years of service to the City. 2. PRESENTATION of legislative and grant report by Legislative Liaison Mitch Ceasar. SYNOPSIS OF ACTION: PRESENTATION was given. Mitch Ceasar, Grantsman, said the Line Item that the City was seeking for the Multi -Purpose Center in the amount of $250,000.00 was included within the Appropriations Bill and was approved. He said the Governor's Veto has not been a problem; however, he was informed that there should be concerns about the Governor's Veto because the Items that were not approved could be vetoed. Mr. Ceasar said the Governor recently vetoed a Local Bill for annexation and the Governor was expected to veto a large Funding Bill for Fort Lauderdale and the Swimming Hall of Fame. He said the Governor was reviewing the Tamarac appropriation and there has been no negative feedback so far. Mr. Ceasar said there were several people in Tallahassee who worked very hard in assisting the City to receive the Line Item should be Funds. notice He within said the Bill was approved and there the next few days as to whether it would be vetoed by the Governor•. Mr. Ceasar said the City was seeking money for the Xeri-Scape program and, because it was a very tight appropriation year, he and the Legislators felt that only one thing should be requested at a time. He said he may have found another funding source for the program which would be reflected in a memorandum to the City within the next few days. Mr. Ceasar said he was successful within the last month to provide to more employees under the Senior Employment Program. He said he has been coordinating this program at the direction of the City Manager and the Personnel Director. He said the calculated value of the two people was approximately $11,000.00 and the program provided 20 hours a week at 4 hours a day. He said there was no contribution or match required by the City for these employees. Mr. Ceasar said he would be submitting memorandums to the City Council on recent Legislative activities. He said the memorandums would detail every Bill, the disposition of the Bill and the action taken on the Bill. Mr. Ceasar said he would be meeting with the City Manager within the next few weeks to review the Grant possibilities that the City may be interested in. He said he would be informing the City Council every month about the results of the Grants and how they would be obtained. Mayor Abramowitz thanked Mr. Ceasar for his presentation. Page 3 6/28/89 CONSENT AGENDA - ITEM 3, a. through j. Building Department 3. a. MOTION TO APPROVE replacement of a cash bond in the amount of $14,325.00 posted for the completion of landscaping, irrigation and a jogging path at the FAIRFAX Neighborhood Recreation Facilities with Letter of Credit #L/C20679 in the same amount. SYNOPSIS OF ACTION: APPROWE D.-� Sity Clerk b. MOTION TO APPROVE the minutes of the following City Councilmeetings 1. 5/24/89 - Regular Meeting 2. 6/05/89 -- Special Meeting SYNOPSIS OF ACTION: APPROVED. C. MOTION TO APPROVE renewal of a model sales permit for SPRING LAKE VILLAS (NORTHWOOD II) and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six-month period from 7/14/89 to 1/14/90. SYNOPSIS OF ACTION: APPROVED. d. MOTION TO APPROVE renewal of a model sales permit and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for THE LANDINGS ON CYPRESS GREENS for a six-month period from 7/27/89 to 1/27/90. SYNOPSIS OF ACTION: APPROVED. Utilities/Engineering e. MOTION TO ADOPT Temp. Reso. #5472 authorizing the appro- priate City offic s to execute a hold harmless agreement with Storage Tank Management Associates, Inc., for two (2) monitoring wells on the former TEXACO property Prospect Field Road and NW 53 Street. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-181 - PASSED f. MOTION TO ADOPT Te_ mp. Reso. #5473 release a cash per- formance bond zn the amount -0y -$500.00 posted by Action Valve Installation, Inc., to guarantee the installation of fire hydrant taps in connection with Bids #88-39 and #88-40 for TUW Projects 87-14A and 88--17A. SYNOPSIS OF ACTION APPROVED . RESOLUTION NO. R-89-182 - PASSED g. 1. MOTION TO ADOPT Temp. Reso. #5474 accepting the paving g and d� rainage public improvements for BELFORT PHASE I and waiving the requirement for a warranty bond as the improvements have been installed since duly 1986. Page 4 6/28/89 1 2. MOTION TO ADOPT Temp. Rom_ #5475 accepting the paving and drainage public improvements for BELFORT PHASES III AND IV and waiving the requirement for a warranty bond as the improvements have been installed since July 1986. SYNOPSIS OF ACTION: APPROVED a. and b. RESOLUTION NO. R--89-183 - PASSED RESOLUTION NO. R-89-184 - PASSED h. MOTION TO APPROVE rejection of the single bid received under Bid #89-37, Water Well Rehabilitation, TUW Project 88-46, and to APPROVE rebidding this project to solicit additional response. SYNOPSIS OF ACTION: APPROVED. i. MOTION TO APPROVE rejection of all bids received under Bid #89-34, TUW'Project 89-17, Fire Flow Meter for Quail Oaks/Treehouse, as one bid was inadvertently returned to the bidder unopened; and to APPROVE rebidding this project. SYNOPSIS OF ACTION: APPROVED. Public Works Department j. MOTION TO ADOPT Temp. Reso. #5496 approving a drainage and public utilities easement offered by Lennar Homes, Inc., for the TAMARAC SPORTS COMPLEX. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-185 - PASSED APPROVED. * V/M Bender MOVED to APPROVE Consent Agenda Item 3., a. through * j., SECONDED by C/M Hoffman. VOTE: CONSIDERATIONS City Council ALL VOTED AYE 4. MOTION TO APPOINT a voting delegation to the 63rd Annual Convention of the Florida League of Cities on October 12-14, 1989, in Jacksonville, Florida. SYNOPSIS OF ACTION: APPROVED the appointment of Councilman Henry Rohr. * C/M Hoffman MOVED to APPROVE the appoint of Councilman Henry * Rohr, SECONDED by V/M Bender. VOTE: Community Development ALL VOTED AYE 5. MOTION TO APPROVE a model sales permit for The Courts at Woodland (WOODLAND COVE) in Unit 1 of Building 1 at 5811 Woodlands Boulevard for a six-month period from 6/28/89 to 12/28/89. SYNOPSIS OF ACTION: APPROVED. Page 5 6/28/89 * C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Kelly Carpenter -Craft, City Planner, said staff recommended approval of this Item. She said the applicant provided the additional parking requested at the Staff Review meeting. VOTE: Engineering/Utilities ALL VOTED AYE 6. MOTION TO APPROVE the Tamarac Utilities West Annual Report of Water and Wastewater System for Fiscal Year 1987/1983 as prepared by Hazen and Sawyer, P.C. SYNOPSIS OF ACTION: APPROVED. * C/M Hoffman MOVED to APPROVE this Item, SECONDED by V/M Bender. Bob Foy, Director of Utilities/Engineering, said the Report was required to be prepared by a Consulting Engineer every year. He said there were certain matters that had to be addressed and he read the following: 1. Determine the sufficiency of rates and structures for services. 2. Report on the maintenance of the Utilities property and equipment. 3. Determine the adequacy of funding for the Renewal and Replacement Fund. 4. Recommend capital funding for the next Fiscal Year. 5. Report on any failures of the City to comply with Covenants or Agreements contained in the Resolution. 6. Provide any other advice and recommendations that the Consulting Engineer deemed desirable. Mr. Foy said Hazen & Sawyer addressed all of the items and ruled favorably by stating that the Utilities Department was in good condition. He recommended approval of this Item. VOTE: ALL VOTED AYE 7. a. MOTION TO APPROVE Change Order 7 to the contract with R.J. Sullivan Corporation in the amount of $7,236.87 for additional work performed on TUW Project 86-14, Water Treatment Plant Expansion; and APPROVAL to transfer $7,237.00 from Water CIAC Account #432-389-120 to Water Treatment Plant Improvements Account #432-363-533-659 to fund this change order. b. MOTION TO ACCEPT Final Release of Lien as provided by R.J. Sullivan Corporation for TUW Project 86-14, Water Treatment Plant Expansion. C. MOTION TO AUTHORIZE final payment in the amount of 267,670.93 to R.J. Sullivan Corporation for work per- formed on TUW Project 86-14, Water Treatment Plant Expansion. SYNOPSIS OF ACTION: APPROVED a., b. and c. * a. C/M Rohr MOVED to APPROVE Item 7.a, SECONDED by C/M Hoffman. Bob Foy, Director of Utilities/Engineering, said this Item was a Change Order in the amount of $7,237.00 for minor changes of a two million dollar contract. He said Page 6 1 1 6/28/89 the Change Order represented less than one third of 1% of the Contract and he recommended approval of this Item. VOTE: ALL VOTED AYE b. Mr. Foy said this Item was for a Release of Lien from the Contractor who has paid all of the bills and there would not be any encumbrances on the equipment and facilities that the Contractor furnished to the Utilities Department. He recommended approval of this Item. * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE * c. C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr. Mr. Foy said the Contract was .for a two million dollar project and this payment would be in compliance with the Contract. He said the Contractor completed the work in accordance with the plans and specifications and he recommended approval of this Item. He said this payment was retainage funds that the Utilities Department held as the job progressed. Mayor Abramowitz asked if the Utilities/Engineering Department was pleased with the work done and Mr. Foy said the project was very difficult and the Contractor worked with professionalism and was very competent. Mayor Abramowitz said this was a major project and Mr. Foy said the project consisted of providing filter capacity through buildout for the Water Plant. Mr. Foy said the project also provided required electrical controls and the facilities were state-of-the-art, which he was very proud of. Mayor Abramowitz said he felt bad that the residents did not avail themselves to visit the facility. He said the facility was very large and updated and the residents should be very proud. C/M Hoffman asked if the funding for this project came from the CIAC Fund and Mr. Foy replied, yes. VOTR t ALL VOTED AYE 8. MOTION TO AUTHORIZE staff to negotiate with companies or firms for repair of a diesel generator at Tamarac Utilities East pursuant to Code Section 9-37(8) as no bids were received for this project under the bidding procedure. SYNOPSIS OF ACTION: APPROVED. * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr. Bob Foy, Director of Utilities/Engineering, said this Item was advertised in accordance with the City Code. He said there were several vendors contacted; however, there were no bids received. He said the request was for Authorization to negotiate with the companies or firms that repair this type of equipment. He said the estimated cost was $4,500.00 for the repair; however, the repairs must be made because the City was operating under the Broward County Wellfield Operating Permit. He said Page 7 6/28/89 the facility was located at a Fort Lauderdale Wellfield and Fort Lauderdale indicated that the motor that was driving the emergency generator was spilling oil on floors, which was not allowed in a wellfield. He recommended approval of this Item. V/M Bender suggested that the manufacturer of the equipment be contacted regarding their recommendations on who would be able to repair the equipment. VOTE: ALL VOTED AYE Police Department 10. MOTION TO APPROVE an agreement with Institutional Sales Corporation in he amount of $6,235.00 for the sole source purchase of fitness equipment for the Police Department to APPROVE the appropriate budget transfer. SYNOPSIS OF ACTION: APPROVED. * C/M Rohr MOVED to APPROVE this Item, SECONDED by V/M Bender. Lieutenant Andy Koerick said this request was for Multi -Station Fitness Equipment. He said after reviewing the various equipment available, this equipment was selected because it would provide the Police Officers with what they needed for exercising. Mayor Abramowitz said he understood that the equipment would be bought with monies received from the State, which was to be spent for the Police Department only. Lieutenant Koerick said the funds were from the Police Forfeiture Fund and City Manager Kelly said these funds could not be transferred into another City account. Anthony Grimaldi, Resident, asked if the equipment would belong to the City as opposed to the Broward Sheriff's Office and City Manager Kelly said that the equipment would always belong to the City; however, the Broward Sheriff's Office employees would be using the equipment. VOTE: ALL VOTED AYE Mayor Abramowitz said the City Council wanted to thank Lieutenant Koerick for all of his service and interest in the City. He said Lieutenant Koerick has been an example of the good staff in the City. RESOLUTIONS Community Development 11. MOTION TO ADOPT Temp Reso. #5481 transferring a special exception for a restaurant with on -premises consumption of beer and wine from Steak and Ale of Florida, Inc., d/b/a Bay Street, to Alan R. Palmieri d/b/a Bay Street at 5819 N. University Drive. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-186 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5481 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5481, SECONDED by * C/M Hoffman. 1 Page 8 6/28/89 Kelly Carpenter -Craft, City Planner, said this request was for transfer of a special exception for on -premises consumption of beer and wine from one corporation to another owner. She recommended approval of this Item. VOTE: ALL VOTED AYE 12. MOTION TO ADOPT Temp. Reso. #5482 granting an extension of time for site plan approval for the WATERS EDGE project located on the east side of NW 94 Avenue, north of NW 58 Street. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-187 - PASSED APPROVED an extension until September 30, 1989. City Attorney Doody read Temp. Reso. #5482 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5482, SECONDED by * V/M Bender. Kelly Carpenter -Craft, City Planner, said this application was a request to extend the approval of the site plan for the Waters Edge project. She said the City Council and Planning Commission were required to review an extension application. She said the Code provided that, if the developer expected to exceed the one year limit for acting on a site plan, he may, prior to expiration of the approval, apply to the City for an extension of the time and submit his reasons for not obtaining the permit within one year. Mrs. Carpenter -Craft said the applicant met the requirements in the Code and the regulations for development in the R-3 District had not changed since his site plan was originally approved. She said the development review criteria set forth in Section 7 of the Code was met by the previous site plan approval. She said the radius on the curbs was changed to meet new Fire Department regulations and the curbs were being extended from 47 feet to 50 feet. She said there was no reason not to extend the site plan approval to September 30, 1989, and she recommended approval. VOTE: ALL, VOTED AYE 13. MOTION TO ADOPT Temp. Reso. #5483 approving a revised site plan for BANKATLANTIC reflecting addition of drive up teller lanes at 5600 N. University Drive. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-188 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5483 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5483, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said this application was a request by BankAtlantic to add stacking lanes for a drive-in bank facility on the east side of the existing building on Commercial Boulevard and University Drive. She said the applicant adequately responded to the May 25, 1989 staff comments by adding two fire lanes, redrawing the drive-in teller lanes to provide 100 feet for stacking and providing no more than 10 parking spaces in a row. Page 9 Y Mrs. Carpenter -Craft said the Staff Review Committee recommended approval at its June 13, 1989 meeting and the Planning Commission recommended approval at its June 21, 1989 meeting. VOTE: ALL VOTED AYE 15. a. MOTION TO ADOPT Tem2. Reso. #5485 granting extension of the contingent approval of a plat entitled the "R.K. Plat" for THE MARKETPLACE AT TAMARAC located at the northeast corner of Commercial Boulevard and NW 70 Avenue. b. MOTION TO ADOPT Temp. Reso. #5502 granting an extension of time to comply with the provisions contained in Resolution R-89-51 which granted contingent approval of a site plan for THE MARKETPLACE AT TAMARAC. c. MOTION TO ADOPT Temp. Ord. #1442 on first reading to amend Ordinance 0-89--9 by changing the effective date for vacation of an 835-foot long, 13-foot wide, portion of right-of-way on the south side of NW 57 Street, east of NW 70 Avenue, for THE MARKETPLACE AT TAMARAC project, from 8/l/89 to 10/1/89. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-189 - PASSED APPROVED a. and b. for an RESOLUTION NO. R-89-190 - PASSED extension until October 1, 1989. APPROVED C. on first reading. City Attorney Doody read Temp. Reso. #5485 by title. Kelly Carpenter -Craft, City Planner, said Item 15.a., pertained to the plat, 15. b., was the site plan and 15. c., was the vacation on 57 Street. She said these three Items pertained to each other and staff recommended approval of these Items. C/M Hoffman asked how long the extension would be for and Mrs. Carpenter -Craft said the extension would be until October 1, 1989. She said on this date, the applicant was to inform the City if there would or would not be a closing. She said if the applicant did not notify the City by October 1, 1989, there was a 30 day time period during which there would be no action on these Items; however, on November 1, 1989, the Items would no longer be valid. * a. V/M Bender MOVED to APPROVE Temp. Reso. #5485, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE City Attorney Doody read Tem. Reso. #5502 by title. * b. C/M Hoffman MOVED to APPROVE Temp. Reso. #5502, SECONDED by * V/M Bender. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Ord. #1442 by title. * c. V/M Bender MOVED to APPROVE Temp. Ord. #1442 on first * reading, SECONDED by C/M Hoffman. C/M Stelzer asked if the City Council previously approved this Ordinance allowing the right-of-way. Page 10 6/28/89 1 1 City Attorney Doody said the City Council previously adopted an Ordinance at the same time the plat and site plan were approved. He said everything was contingent upon the closing taking place. He said if there was no closing the vacation would not be valid and this Ordinance amended the prior Ordinance to extend the date of closing until October 1, 1989; however, if the closing did not occur before November 1, 1989, the vacation, plat and site plan would not be valid. VOTE: Engineering/Utilities ALL VOTED AYE 16. MOTION TO ADOPT Tem2. Reso. #5486 awarding Bid #89-21 in the amount of $122,980.00 to Utilities Services, Inc., to rehabilitate sewage Pump Stations 3E and 4E and to provide telemetry equipment for all Utilities East pump stations, TUE Project 87-13. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-191 - PASSED City Attorney Doody read Temp. Reso. #5486 by title. * C/M Rohr MOVED to APPROVE Temp. Reso. #5486, SECONDED by * V/M Bender. Bob Foy, Director of Utilities/Engineering, said the request was for a Contract with the lowest bidder, Utilities Services, Inc., for services to rehabilitate sewage pump stations 3E and 4E and to provide telemetry equipment for all Utilities East pump stations. He said the project was funded in last year's Budget for TUE. He said the existing lift stations were in very bad shape and must be replaced. He recommended approval of this Item. C/M Stelzer asked if the Item was Budgeted this year and Mr. Foy replied, yes. C/M Rohr asked if the funding would come from the revenue funds and Mr. Foy replied, yes, TUE revenue. Mayor Abramowitz had concerns about the constant costs for repairs; however, he understood that the repairs were needed to keep the systems operating. He asked if Mr. Foy felt that he was getting the best service for the cost. Mr. Foy said the Utilities Department was a big operation and the system could not be operated appropriately without keeping the equipment up to date. He said the annual Consulting Engineer Report indicated that the systems were being kept up to date. He said this repair was necessary and required to keep the system operating correctly. C/M Stelzer said the cost was very large considering the amount of people using the TUE system. He asked if the rates would carry the costs and Mr. Foy replied, yes. Mr. Foy said the funds presently existed in the Budget. VOTE: ALL VOTED AYE Page 11 V 17. MOTION TO ADOPT Temp. Reso. #5487 awarding Bid #89-31 in the amount of $6,500.00 to Cues, Inc., for the purchase of one self-propelled transporter to'propel a 3-inch diameter closed circuit video camera through 6-inch to 15-inch pipes. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89--192 - PASSED City Attorney Doody read Temp. Reso. #5487 by title. * C/M Rohr MOVED to APPROVE. Temp. Reso. #5487, SECONDED by * V/M Bender. TAPE 2 Bob Foy, Director of Utilities/Engineering, said this request was for a transporter, which was a tractor that the television camera was mounted on in the sanitary sewer system. He said there were two major pieces of equipment with a wench required to perform this operation. He said with the tractor the jet rods, one man could be eliminated. Mr. Foy said the equipment would allow the staff to do more and he recommended approval. C/M Hoffman asked if the equipment could be used for the east and the west and Mr. Foy replied, yes. City Manager Kelly said the City Council should review some of the video tapes because they were very interesting. VOTE: ALL VOTED AYE 18. MOTION TO ADOPT Temp. Reso. #5488 awarding Bid #89-35 in the amount of $11,275.00 to Madsen/Barr Corporation to recon- struct 150-feet of 8-inch VCP sanitary sewer main by flexible lining process. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-193 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5488 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5488, SECONDED by * C/M Hoffman. Bob Foy, Director of Utilities/Engineering, said this request was for approval to award a bid to Madsen/Barr Corporation to reconstruct 150-feet of 8--inch VCP sanitary sewer main by flexible lining process. He said the project was Budgeted this year under revenue and the process would allow a form to be slipped inside of the existing pipe without disturbing the surface. He said this project must be completed to serve the Mission Lakes project and he recommended approval. Mayor Abramowitz asked if the cost would service a complete project and Mr. Foy said there were approximately 200 units that would be serviced. VOTE: ALL VOTED AYE 19. MOTION TO ADOPT Temp. Reso. #5489 awarding Bid #89-36 in the amountOT-16,350.00 to Broward Hurricane Panel Company to furnish and install hurricane shutters for the TUW Water Treatment Plant Building, Project 88--41. Page 12 SYNOPSIS OF ACTION: RESOLUTION NO. R-89-194 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5489 by title. * C/M Rohr MOVED to APPROVE Ted. Reso. #5489, SECONDED by * V/M Bender. Bob Foy, Director of Utilities/Engineering, said this request was for approval of a bid to Broward Hurricane Panel Company to furnish and install hurricane shutters for the TUW Water Treatment Plant Building. He said the hurricane shutters were required regardless of whether there was a hurricane. He said the Item was Budgeted and he recommended approval. Mayor Abramowitz said he understood that there were glass windows that needed to be protected by shutters because if there was a hurricane the equipment would be destroyed by glass and Mr. Foy agreed. VOTE: ALL VOTED AYE 20. a. MOTION TO ADOPT Temp. Reso. #5491 awarding Bid #89-39 in amount of $15,660.00 to Panzer Aluminum Products to furnish nine (9) aluminum electrical control cabinets. b. MOTION TO ADOPT Temp. Reso. #5492 awarding Bid #89-40 i amount of $51,051.11 to K & M Electrical Supply, Inc., to furnish electrical components for nine (9) electrical control cabinets. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-195 - PASSED APPROVED a. and b. RESOLUTION NO. R-89-196 - PASSED City Attorney Doody read Temp. Reso. #5491 by title. * a. V/M Bender MOVED to APPROVE Temp. Reso. #5491, SECONDED by * C/M Rohr. Bob Foy, Director of Utilities/Engineering, said this request was to award a bid to Panzer Aluminum Products to furnish nine (9) aluminum electrical control cabinets. He said there would be a savings of $2,500.00 per lift station by furnishing the cabinets and electrical components. He recommended approval of this Item. Mayor Abramowitz asked if the components were presently enclosed in aluminum cabinets and Mr. Foy said the components were presently enclosed in steel; however, the steel was rusting and the equipment was wearing. Mr. Foy said the rehabilitation of the lift stations required the equipment. Joe Schreiber, Resident of Clairmont/Kings Point, asked what the cost would be for the project and V/M Bender said the Agenda indicated the cost to be $15,660.00. Mr. Schreiber said he did not have a revised copy of the Agenda. C/M Stelzer asked if the purchases were direct and Mr. Foy replied, yes. C/M Stelzer asked if sales tax was paid and Mr. Foy replied, no. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Reso. #5492 by title. Page 13 6/28/89 * b. V/M Bender MOVED to APPROVE Temp. Reso. #5492, SECONDED by * C/M Hoffman. Mayor Abramowitz said that the cost of this project was $51,051.11. He asked if this request was for the contents of the cabinets and Mr. Foy replied, yes. VOTE: ALL VOTED AYE At 9:53 A.M., Mayor Abramowitz RECESSED this meeting and RECONVENED at 10:04 A.M. with ALL PRESENT. PUBLIC HEARINGS - 10:00 A.M. Community Development 28. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5477 concerning a request by EUGENE RICHARDS for a special exception to permit a dry cleaning establishment for direct customer services at 7110 N. University Drive in Family Mart Shopping Center, which is zoned B-2 (Planned Business). Petition #18-Z-89 SYNOPSIS OF ACTION: RESOLUTION NO. R-89-202 - PASSED Public Hearing was held. APPROVED. City Attorney Doody read Temp. Reso. #5477 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5477, SECONDED by * C/M Hoffman. Kelly Carpenter -Craft, City Planner, said this request was for a special exception to permit a dry cleaning establishment. She said the parcel was designated as Commercial on the City's Land Use Plan and the property was currently zoned B-2 (Planned Business). She said the Zoning Code allowed the operation of dry cleaning establishments for direct customer services as a special exception. She said the current Land Use and Zoning on the surrounding properties were as follows: North - B-2 (Planned Business) South - B-2 (Planned Business) B-3 (General Business) B-6 (Business District) East - R-4A (Planned Apartments) West -- B-1 (Neighborhood Business) B-6 (Business District) Mrs. Carpenter --Craft said the dry cleaner would be leasing a 1,200 square foot bay and there was a launderette next door; however, the two were not related. She said the dry cleaner would be located in the Family Mart Shopping Center where Albertson's was currently located. She said the Shopping Center contained 63,000 square feet; therefore, the applicant would be using a small bay at the Center. Mrs. Carpenter -Craft said since the business would be in a Zone 3 of the Tamarac Wellfield, a license may be required from the Environmental Quality Control Board. She said the Planning Commission recommended approval of the request at their dune 7, 1989 meeting finding that the applicant had met all of the requirements for special exception found in the Code. 1 Page 14 6/28/89 C/M Rohr asked Mrs. Carpenter -Craft to read the Section of the Code which addressed chemicals, etc. Mrs. Carpenter -Craft read the Code as follows: "The entire dry cleaning process shall use completely enclosed solvent recleaning units which are non --explosive and non-flammable with carbon vapent absorber for venting of odor. All solvents used shall be non-flammable." C/M Hoffman asked if there was a dry cleaner previously located on the property and Mayor Abramowitz said there was a business that took in clothes several years ago. Mrs. Carpenter -Craft said the occupational license records would be reviewed regarding this matter. Mayor Abramowitz said this Shopping Center was needing tenants and there have been several complaints regarding the empty shopping plazas. He said if the business was allowed in the area and complied with the City Code and the Wellfield Protection Act, he would approve the business. Mayor Abramowitz Opened the Public Hearing. Vickie Beech, Resident, asked for the hours of operation and Mrs. Carpenter -Craft said she did not have this information and the Code did not require that the hours be known; however, the applicant was present to answer this question. Eugene Richards, Petitioner, said the business would be operating 6 days per week from 6:00 A.M. to 6:00 P.M. C/M Stelzer asked if the Shopping Center was being referred to as Family Mart Shopping Center and Mrs. Carpenter -Craft said the City was not informed of the name being changed. Mrs. Carpenter -Craft said when the Item was prepared for the City Council, the name on the site plan was used. Mayor Abramowitz said the sign presently at the Center stated the name to be Tamarac Pointe Shopping Plaza. He suggested that this matter be investigated. Mayor Abramowitz Closed the Public Hearing with no further response. VOTE: ALL VOTED AYE 29. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5478 concerning a request request by V&W LAUNDRY, INC., Tor a special exception to permit a launderette at 7110 N. University Drive in Family Mart Shopping Center, which is zoned B-2 (Planned Business). Petition #19-Z-89 SYNOPSIS OF ACTION: RESOLUTION NO. R-89-203 - PASSED Public Hea_ri g was held. APPROVED with conditions City Attorney Doody read Temp' Reso. #5478 by title. * C/M Hoffman MOVED to APPROVE Te�T Reso. #5478, SECONDED by * V/M Bender. Kelly Carpenter -Craft, City Planner, said the request was for a special exception to permit a launderette at 7110B Page 15 6/28/89 in the Tamarac Pointe Shopping Center (Family Mart Shopping Center) in which Albertson's was located. She said the parcel was designated Commercial on the City's Land Use Plan and the property was currently zoned B-2 (Planned Business). She said the Zoning Code allowed the operation of a launderette as a special exception with the same conditions as a dry cleaning establishment, if they intended to do dry cleaning; however, this applicant did not. She said the applicant could have a dry cleaning business under the special exception. Mrs. Carpenter -Craft said the current Land Use and Zoning on the surrounding properties was as follows: North - B-2 (Planned Business) South - B-2 (Planned Business) B-3 (General Business) B--6 (Business District) East - R-4A (Planned Apartments) West - B-1 (Neighborhood Business) B-6 (Business District) Mrs. Carpenter -Craft said the launderette would be leasing a 1,200 square foot bay next door to a dry cleaner; however, the two were unrelated. She said since the Center was in a Zone 3 of the Wellfield and, if a dry cleaner would be operating, a license may be required from the Environmental Quality Control Board. She said the Planning Commission recommended approval of this request at their June 7, 1989 meeting and staff recommended approval subject to compliance with all of the Code conditions. Mrs. Carpenter -Craft said the hours of operation would be from 7:00 A.M. to 9:00 P.M. Mayor Abramowitz said he did not want game machines on the premises and he asked the City Attorney if this request was allowed. City Attorney Doody said this request was for a special exception and the City Council could place reasonable conditions on the exception. Mrs. Carpenter -Craft said when the machines were placed on a premises, the City charged occupational license fees. Mayor Abramowitz said he was not concerned about the charge for the machines; however, he was concerned with the machines creating a hangout on the premises. Mayor Abramowitz said he would like a condition that the launderette would not be operating a dry cleaning business. C/M Rohr asked if a launderette had self-cleaning machines and Mrs. Carpenter -Craft said the applicant indicated that self-cleaning machines would not be available. Mayor Abramowitz Opened the Public Hearing. Vickie Beech, Resident, said Mayor Abramowitz stated some of her concerns. She said she was concerned with businesses that could be used as a hangout because of the 1 Page 16 6/28/89 various negative things that could occur, such as robberies, etc. She said the City Council should be concerned with the outcome of the businesses in the future to avoid problems. Mrs. Beech said there were several proposals for gas stations that were around wellfields and, if the environment was not protected, there would be shortage of water. She said she hoped that the City Council considered their approval for specific businesses to avoid environmental problems. Anthony Grimaldi, Resident of Sunflower/Heathgate, said he did not see why the restrictions had to be placed on the business when the hours of operation would only be from 7:00 A.M. to 9:00 P.M. He said the City wanted the businesses to come into the City; however, the City was consistently asking for restrictions. He said he approved of the business making additional monies while being open. Mayor Abramowitz said the Cities of Lauderhill and sunrise were in Litigation because there were no provisions given to launderettes that were hangouts for children. He said he was anxious for the businesses in Tamarac to be successful; however, he was concerned for the outcome of the businesses in the future when it came to the health and safety of the residents. Mayor Abramowitz Closed the Public Hearing with no further response. C/M Hoffman asked if there would be an attendant on the premises during the hours of operation and Mrs. Carpenter -Craft said the applicant indicated that the premises would be fully attended. C/M Hoffman asked if the applicant anticipated implementing game machines and Mrs. Carpenter -Craft said the applicant indicated that this was not his intent. City Manager Kelly suggested that the applicant come forward, state his name and indicate whether he agreed with the stipulations. Victor J. Rendo, President of V&W Laundry, Inc., said he did not object to not having game machines, no dry cleaning business or having an attendant on the premises at all times. City Attorney Doody said the Motion should be to Adopt the Resolution subject to 1) no gaming machines on the premises, 2) the premises will be attended at all times and, 3) no dry cleaning business. * C/M Hoffman AMENDED his Motion to include the three * stipulations, V/M Bender AMENDED his Second. VOTE: ORDINANCES ALL VOTED AYE 30. a. MOTION TO ACCEPT Affidavits of Publication and Posting for Tem. Or 1439. Petition #16-Z-89 Page 17 6/28/89 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1439 on second reading concerning a request by LENNAR HOMES, INC., to rezone the lands proposed for the recreation area for DEVON, located on the east side of NW 108 Terrace, north of NW 71 Place, from R-3U (Rowhouse) to S--1 (Open Space/Recreational). Petition #16-Z--89 SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-18 - PASSED Public Hearing was held. a. ACCEPTED Affidavits. b. APPROVED on second reading as amended. * a. V/M Bender MOVED to ACCEPT Affidavits of Publication and Posting * for Temp. Ord. #1439, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Ord. #1439 by title. b. C/M Hoffman MOVED to APPROVE Temp. Ord. #1439 on second reading, SECONDED by V/M Bender. Kelly Carpenter -Craft, City Planner, said this request was to rezone from R-3U (Rowhouses) to S-1 (Open Space/Recreation) for the recreation area at Devon. She said the Tamarac Land Use Map designated the land as Medium Residential (10 to 15 dwelling units to the acre). She said recreation areas were consistent with the uses permitted in the Land Use designation. She said the parcel contained 1.052 acres, more or less and the surrounding properties were designated as follows: North - Medium Residential South - Medium Residential East - Medium/High Residential West - Open Space/Recreation Mrs. Carpenter -Craft said the Planning Commission recommended approval of this request at their May 17, 1989 meeting and Community Development Department recommended approval of this request. Mayor Abramowitz Opened the Public Hearing. Joseph Schreiber, Resident of Clairmont/Kings Point, asked where NW 71 Court was located and Mrs. Carpenter -Craft said the address should be NW 71 Place. City Attorney Doody said the Ordinance would be amended to reflect the correct address. He said the Courts required reasonable notice of an Item and the Plat Book, Page, etc., indicated the correct address; therefore, reasonable notice was given on this Item. Mayor Abramowitz Closed the Public Hearing with no further response. C/M Hoffman AMENDED his Motion to change the address on the Agenda and the Ordinance, V/M Bender AMENDED his Second. VOTE: ALL VOTED AYE 31. a. MOTION TO ACCEPT Affidavits of Publication, Mailing and Posting for Temp. Ord. #1440. Petition #17-Z-89 1 Page 18 6/28/89 b. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1440 on second reading concerning a request by the CITY OF TAMARAC to rezone City -owned lands on the north side of the Tamarac Park at 7501 N. University.Drive from R-4A (Planned Apart- ments) to S-1 (Open Space/Recreational). Petition #17-Z-89 SYNOPSIS OF ACTION: Public Hear ni g was held. a. ACCEPTED Affidavits. b. APPROVED on second reading. ORDINANCE NO. 0-89-19 - PASSED * a. C/M Rohr MOVED to APPROVE Affidavits of Publication, Mailing and * Posting for Temp. Ord. #1440, SECONDED by V/M Bender. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Ord. 11440 by title. * b. V/M Bender MOVED to APPROVE Temp. Ord. #1440 on second reading, * SECONDED by C/M Hoffman. Kelly Carpenter -Craft, City Planner, said the City was seeking to rezone from R-4A (Planned Apartments) to S-1 (Open space/Recreation) for a portion of the lands which adjoined Tamarac Park. She said the parcel was previously owned by the Broward County School Board and was part of the Tamarac Elementary School lands. She said the parcel contained 1.1054 acres, more or less and the Tamarac Land Use Plan designated this parcel as Public Buildings and Grounds. She said the current Land Use and Zoning on the surrounding properties was as follows: North - Public Buildings South - S-1 (Open Space/Recreation) East -- B-1 (Neighborhood Business) West - R-3 (Low Density Multiple Dwelling) Mrs. Carpenter --Craft said the Planning Commission recommended approval of the request at their May 17, 1989 meeting and staff recommended approval. Mayor Abramowitz Opened and Closed the Public Hearing with no further response. VOTE: ALL VOTED AYE 32. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1435 on secona--rea-ding to amend Article II, Section 28-13 0£ the City Code to delete the requirement that the BOARD OF ADJUST- MENT hear special exceptions. SYNOPSIS OF ACTION: ORDINANCE NO. 0-89-20 - PASSED Public Hear n� g was held. APPROVED on second reading. City Attorney Doody read Temp. Ord. #1435 by title. * V/M Bender MOVED to APPROVE Temp. Ord. #1435 on second reading, * SECONDED by C/M Hoffman. Kelly Carpenter -Craft, City Planner, said this request was being made by the Community Development Department at the suggestion of V/M Bender to remove the requirements that the Board of Adjustment hear special exceptions. She said the Code provided in other Sections that the Planning Commission and City Council hear special Page 19 6/28/89 exceptions. She said the Board of Adjustment has not and did not hear special exceptions; therefore, this change would be a house-cleaning of the City Code. She said the Planning Commission and staff recommend approval of this request. Mayor Abramowitz Opened the Public Hearing. Melanie Reynolds, Resident of Sands Point, said her concerns pertained to the fact that Edward Rockwell was not reappointed to the Board of Adjustment. She said under Chapter 163 and 9J5, the City Council could merge the Board of Adjustment with the Planning Commission. She suggested that this be done because she felt there was no hope for the Board of Adjustment without Mr. Rockwell. Mayor Abramowitz Closed the Public Hearing with no further response. VOTE: ALL VOTED AYE General Administrative 21. a. MOTION TO ADOPT Temp. Reso. #5497 authorizing the appro- priate Caty officials to execute a lease agreement with Continental Cable and Joseph & Diana Biesterfel for the installation of an antenna at 6115 N. University Drive for City-wide communications. b. MOTION TO ADOPT Temp. Reso. #5498 authorizing the appro- priate City officials to execute a lease agreement with Pan American Properties, Inc., for the installation of an antenna at the Spectrum Building, 4901 NW 17 Way, Fort Lauderdale, at a cost of $60.00 per month. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-197 - PASSED APPROVED a. and b. RESOLUTION NO. R-89-198 - PASSED City Attorney Doody read Temp. Reso. #5497 by title. * a. C/M Rohr MOVED to APPROVE Temp. Reso. #5497, SECONDED by * C/M Hoffman. * * City Manager Kelly said Items a. and b., pertained to the City-wide communications system. He said in order for the system to be effective, three satellite station antennas had to be implemented. He said two of the locations were identified and the third location would be presented to the City Council after the approval was received from the participant. City Manager Kelly said the antennas would allow the City to piggy -back on the antennas of the participant. He said the first antenna would be free of charge to the City and he recommended approval. VOTE: ALL VOTED AYE City Attorney Doody read Temp. Reso. #5498 by title. b. V/M Bender MOVED to APPROVE Temp. Reso. #5498, SECONDED by C/M Hoffman. City Manager Kelly said this was a request for the same process; however, the participant was asking for a fee of Page 20 6/28/ 89 TAPE 3 $60.00 per month to maintain the facility. Vickie Beech, Resident, asked if this conformed with the City Code and if it addressed private ownership for single-family residential. City Manager Kelly said he would have to review this matter before answering. He said there was an antenna already existing at the facility and the City would be using it; however, he would investigate this matter. City Manager Kelly said the third antenna was expected to be at the Holiday Inn on State Road 7. 1 1 VOTE: Public Works Department ALL VOTED AYE 24. MOTION TO ADOPT Temp. Reso. #5490 awarding Bid #89-30 in the amount of 10,496.00 to Lesco, Inc., for one 5-gang reel mower. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-89-199 - PASSED City Attorney Doody read Temp. Reso. #5490 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5490, SECONDED by * C/M Hoffman. Mike Couzzo, Director of Public Works/Parks and Recreation, said this request was for the purchase of a 5-gang reel mower which would increase the efficiency of the maintenance for the large grass areas. Mayor Abramowitz said there were 6 men that maintained six million square footage of grass in the City every month. He said he would approve anything the City could do to assist the Public Works Department in maintaining the City's beautification. VOTE: ALL VOTED AYE 25. MOTION TO APPROVE the repair of a C-14 canal drainage pump by sole source supplier Couch Pump Company in the amount of $4,999.00 as no bids were received for these services under the bidding procedures. SYNOPSIS OF ACTION: APPROVED. * V/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. Mike Couzzo, Director of Public Works/Parks and Recreation, said this request was for the renovation of a pump that was on the C-14 canal and was critical for drainage. He said there were two bidding procedures on this Item and the company was the individual pump company who submitted a blank bid as opposed to a prepared bid. He said after reviewing the quote from the company he recommended approval of this Item. City Manager Kelly said one of the reasons this repair was important was because the hurricane season was in existence and the City Council would be on vacation; therefore, the pump was needed immediately. Page 21 6/28/89 Joseph Schreiber, Resident of Clairmont/Kings Point, asked if Items 25 and 26 should be the responsibility of the Utilities Department and Mr. Couzzo said the Public Works Department was responsible for canals and drainage. VOTE: ALL VOTED AYE 26. MOTION TO ADOPT Temp. Reso. #5500 awarding Bid #89-33 in the amountoT--�25,351.00 to Reagan Equipment Company for one (1) stationary engine at the C-14 canal pump station. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-200 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5500 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5500, SECONDED by * C/M Hoffman. Mike Couzzo, Director of Public Works/Parks and Recreation, said this request was a continuation of a 5-year replacement of eight existing pump engine combinations at the C-14 Canal. He said the engines were the master engines that pumped the entire system. C/M Rohr asked if this project was Budgeted and Mr. Couzzo said the funds were in the Drainage Improvement account. VOTE: ALL VOTED AYE 27. MOTION TO ADOPT Temp. Reso. #5495 creating one (1) senior maintenance position and one (1) maintenance position for the new Police Station with funding provided in the lease agreement with the Broward Sheriff's Office. SYNOPSIS OF ACTION: RESOLUTION NO. R-89-201 - PASSED APPROVED. City Attorney Doody read Temp. Reso. 05495 by title. * V/M Bender MOVED to APPROVE Temp. Reso. #5495, SECONDED by * C/M Rohr. Mike Couzzo, Director of Public Works/Parks and Recreation, said the two positions were required to maintain the Police Facility as stipulated in the Lease Agreement with the Broward Sheriff's Office. Mayor Abramowitz asked if the Broward Sheriff's Office would pay for the salaries and Mr. Couzzo replied, yes. City Manager Kelly said the City must provide the funding which would be reimbursed to the City by the Broward Sheriff's Office. VOTE: ALL VOTED AYE OPEN PUBLIC FORUM 33. OPEN PUBLIC FORUM Melanie Reynolds, Resident of Sands Point, said she was sad and angry because she was watching her City being torn apart. She said she has seen Mayor Abramowitz Page 22 6/28/ 89 selling the residents out and the City Council was unresponsive to the people. She asked why the City Council was throwing funds away if the City was having financial problems. Mrs. Reynolds said the City Manager had the authority to refund approximately $50.00; however, without authority, he reimbursed several developers thousands of dollars and allowed building permits to be given without charge. She asked if all the building fees should be and were being paid for and she asked if the inspectors were working for the City only on the City's time. Mrs. Reynolds said she would like to know if all businesses or professions paid for their occupational licenses. She asked what payrolls were paid, why the Ambulance Contract was being continued, why the Burglar Alarm Revenues were eliminated. She asked why the Prosecuting Attorneys were presiding over the Code Enforcement meetings when they were not prosecuting anyone. Mrs. Reynolds said in 1986, before City Manager Kelly was hired, the Building Department included the City Planner and Code Enforcement Officers; however, the City presently had a Building Department, Planning Department and a Code Enforcement Department. She asked why the City Council never requested a study of the cost effectiveness of having three Departments in place of one. She asked why the City Council did not question why the Occupational License business was taken away from the City Clerk's Office and placed in the Planning Department. Mrs. Reynolds asked why Pauline Walaszek, Special Services Secretary, was hired to do the Minutes for the Planning Commission when the Planning Department had a Secretary. She asked why Mrs. Walaszek was hired to do the City Council and Charter Board Joint Meetings when the Charter Board's Secretary was sitting in on the meetings. Mrs. Reynolds asked why the City Manager received an Assistant, at a cost of $35,000.00 per year, who was doing volunteer work on an advisory Committee. She asked why there was someone hired to watch over the Building Department when he was not familiar with the South Florida Building Code. She asked why a City Planner was hired that did not have expertise in landscaping. Mrs. Reynolds asked why the City Council made no effort to save the City. She asked if the City Council was capable of governing the City either financially or in justice for all. Joseph Schreiber, Resident of Clairmont/Kings Point, asked if the City Council would be answering the questions raised by Mrs. Reynolds. He said there were serious accusations that should be answered so that the public would know. Mr. Schreiber said he was a resident of the Clairmont development of Kings Point which was developed by Lennar Homes, Inc. He said Lennar Homes, Inc., informed buyers of the units stipulations and conditions under the Condominium Act in the State of Florida. He said once Associations were completed, the control was transferred from Lennar Homes, Inc., to the Association. He said Page 23 6/28/89 Lennar Homes, Inc., submitted warranties for repairs, etc., to the Associations; however, Lennar Homes, Inc., failed to correct any problems in a reasonable time before the Associations took over. He said it took Lennar Homes, Inc., approximately 4 years to complete the transfer accurately. Mr. Schreiber said this problem was becoming more complicated as the developments continue. He suggested that the City Council consider an Ordinance for the City of Tamarac requiring that a developer be responsible for completing the necessary work on the developments within one year after the control was transferred to the Association. He said this type of Ordinance would provide a measure of consumer protection to the existing and future residents of the City. Mayor Abramowitz asked the City Attorney to review this matter and report back to the City Council on his findings. C/M Rohr said the City Council was to see that the developer built the developments in compliance to the City Code. He said when it came to other items that was a private matter between the purchasers and developer and he did not feel that this was the City's business. C/M Hoffman said Mr. Schreiber asked the City Council to answer Mrs. Reynolds's concerns. He said most of Mrs. Reynolds's questions required an answer because they were actually statements. He said Mrs. Reynolds gave her opinions as to what she felt was wrong with the City. He said many of the things questioned by Mrs. Reynolds were available in the Public Records. He said the City Council should not waste time giving answers to statements that were not really questions. C/M Hoffman said he did not see anything wrong with the City Attorney investigating Mr. Schreiber's concerns to see if the City did have control in seeing that the developers fulfilled their obligations. He asked that the City Attorney investigate this matter and report back to the City Council with his findings. Sam Pizzarello, Resident of Tamarac Lakes South, said he has been very concerned with the recent actions taken by the City as well as the Articles that have been written in the newspapers. He said after this meeting, he felt better because of the professionalism and the cooperation of the residents and City Council during this meeting. Mary Ann Shaker, Resident of Banyan Lakes, said her Section was recently annexed into Tamarac and she thanked the City Council for bringing in the Broward Sheriff's Office. She said her Section used to have the Broward Sheriff's Office and she was glad they were back. Mrs. Shaker said her family has been a victim of a violent crime and she could not ask for any better Police Officers than the Broward Sheriff's Office. She said her tragedy occurred in the City of Margate and the Broward Sheriff's Office handled the matter with great professionalism. Mrs. Shaker said Banyan Lakes was surrounded by rental communities that had several problems and these problems were coining into her community. She said there were many Page 24 6/28/89 legal fees spent by her community to avoid problems such as communes. She asked if the City Council passed an Ordinance that prohibited such things as communes. C/M Hoffman said the City Council recently approved an Ordinance that prohibited a dwelling to contain more than a family. He said there was another Ordinance being drafted that would require all rentees to receive an occupational license from the City before they rented their dwelling units. Mrs. Shaker suggested that the City Council hold their meetings at night because her community was not able to attend morning meetings. REPORTS 34. CITY COUNCIL C/M Stelzer - No Report. C/M Rohr asked that the City Council give their consensus on the recent Legislation passed in Tallahassee called "The Combat Auto Theft Program - CS-HB 153 Deutsch". He said the Bill authorized local governments to establish combat auto theft programs in which motor vehicle owners may enroll their vehicles by consenting in advance for a law enforcement officer to stop the vehicle, effective October 1, 1989. C/M Rohr said this program was voluntary which involved a sticker that was placed in the window of the car. He said any car that was on the road between 1:00 A.M. and 5:00 A.M. could be stopped for a check to see if the car was stolen. He asked the City Council if they were interested in having the City Attorney investigate this matter to see what was necessary in having this program implemented in Tamarac. Mayor Abramowitz asked if this matter addressed probable cause and City Attorney Doody said the matter was a search and procedure process. Mayor Abramowitz said he was interested in this Bill. C/M Hoffman said he heard that the criminals used razor blades to take the stickers off the car and C/M Rohr said this was a procedure that may assist in preventing so many stolen cars. V/M Bender said he was interested in the Bill. City Attorney Doody said he would be happy to work with the City Manager on this matter regarding a working a procedure for this type of program. C/M Rohr said the City had to pass an Ordinance implementing this type of program in the City. He said the Police Department would create a program to comply with the City's request. Mayor Abramowitz said there was an expression of interest in this matter and he asked the City Attorney to draft the necessary documents. C/M Rohr complimented Dina McDermott, Assistant to the City Manager, for her assistance in several matters submitted to Tallahassee. Page 25 6/28/89 C/M Hoffman said it has been over one year since the City applied for a Grant in the amount of $250,000.00 for the Multi -Purpose Center. He said the City recently received $225,000.00 from the State and $25,000.00 was due to the City. C/M Hoffman said on July 11, 1989, the City of Tamarac would appear before the County Commission for formalization of the plans for the Multi -Purpose Center. He said when the plans were approved, the City would go to bid for the project and, hopefully, ground breaking would take place within 45 days from the time the County approved the plans. V/M Bender said there was a recent California Court ruling concerning 500,000 volt transmission lines and substations. He said the ruling applied to property values being lowered due to the public fear of electric magnetic fields. He said in a recent Court Case an individual sued the San Diego, California, Gas and Electric Company in a condemnation/compensation case which took into account land devaluation based on fear of adverse health affects. He said the California Courts have ruled that the scientific basis of the EMF health effects question was immaterial in considering just compensation for easement rights. He said the issue was whether or not a controversy existed and if there was a calculated lowering of present market values on property as a result of public's fear of electric magnetic radiation. V/M Bender said both the Trial and Appeal Courts ruled that there was severance damage to the land adjacent to the 500,000 volt transmission lines and awarded 1.4 million dollars to the Plaintiff. He said the implication resulting from the Case was that it was a well established principal and the compensation without regard as to whether it was reasonable or conjunction. V/M Bender said he personally felt that the west end of the City of Tamarac, which included 561 acres of Land Section 7 and all other additional lands bordering on the proposed 500 KV transmission line route, would fall into the category of being candidates of reduced property values. Mayor Abramowitz announced that this would be the final City Council meeting until August, 1989 because of the City Council vacation. He wished everyone a healthy and happy vacation. 35. CITY MANAGER REPORT City Manager Kelly said there were items that needed to be decided ded by the City Council before their vacation, such as the Budget Millage Rate, Contract for an Auditor and Administrative house-cleaning. City Manager Kelly announced that Dale Lee, Chief Building Official, resigned his position to become the Director of the Building Department for the City of Hollywood on July 1, 1989. He wished Mr. Lee good luck in his new position. City Manager Kelly said in the interim, he would be assigning Steven Oxenhandler, Director of Development Services, to assume the position of Building Department Director in addition to his other duties. He said Dan Page 26 6/28/ 89 Wood would be assuming the role of Acting Chief Building Official. He said both Building Officials were not Administratively trained because they were former builders and inspectors. He said this process would be cost savings to the City because Mr. Wood's position would not be filled but would be.handled by Mr. Wood as well as being the Acting Chief Building Official. City Manager Kelly said tomorrow morning at 8:30 A.M., the City would be holding a Swearing -In Ceremony for the Officers transferring to the Broward Sheriff's Office. He said there would be a dedication of the Police Facility immediately after the Swearing -In Ceremony. City Manager Kelly said he was recently conducting his Budget Workshops and most of the Budgets for the Departments were less than they were last year; however, he was confident that the levels of service would be at least as good as last year and, in some cases, better. City Manager Kelly said there were two concerns which were street lighting and drainage and they were areas of easy cuts. He said there were serious problems throughout the City and the problems had to be addressed. City Manager Kelly said on August 3, 1989, the Chamber of Commerce and the City of Tamarac would be hosting an Economic Development Forum in the Council Chambers. He said there would be several issues discussed during this meeting and there would be several professional speakers present. City Manager Kelly said there were 11 people representing the City during the March -Of -Dimes walk and 48 of the people were employees. He said there was approximately $2,700.00 collected in pledges and he recently received a letter from the City Manager of Hollywood challenging Tamarac for a Bowl-A-Thon in November, 1989. City Manager Kelly announced that Dina McDermott, Assistant to the City Manager, has been selected as a member of the Florida City and County Management Association. He said the Association was established to accompany professional managers to work for a common goal of providing an outstanding environment in the State of Florida. City Manager Kelly said he intended to respond to Mrs. Reynolds's question which would be forth coming. Mayor Abramowitz said the City would be having a Fourth of July Celebration at the Tamarac Sports Complex. He said last year there were several people at the Celebration and he asked the residents to attend. 39. MOTION TO ADOPT the FP&L Report given by the City Manager as part of the Minutes of this meeting. SYNOPSIS OF ACTION: APPROVED. TAPE 4 City Manager Kelly complimented and thanked V/M Bender for his assistance in the Florida Power & Light matter. He said there were copies sent to the City Council Page 27 6/28/89 regarding the City's response to Florida Power & Light. He said Kelly Carpenter -Craft, City Planner, drafted the information and he said he would like to submit the information into the record. * V/M Bender MOVED to ADOPT the FP&L Report as part of the * Minutes of this meeting , SECONDED by C/M Rohr. 1i1�711i�i7 ALL VOTED AYE City Attorney Doody said this Report would be sent to Tallahassee this afternoon. Mayor Abramowitz said it was very difficult for him to understand several things of the City before he became Mayor. He said he would like the record to indicate that if he ever had the privilege to be associated with the professional type of people representing the City at this time, he would be another Donald Trump. He said the City's staff was addressing so many problems that the City had for several years and the City Manager, Department Heads and employees should be complimented for doing such a professional job. He said there was indication that the City Manager was moving and shuffling several people; however, the City for the first time was strictly on a professional basis and he felt that the City was in really good hands. C/M Stelzer asked if a Director of the Building Department had to meet the same requirements as a Chief Building Official. City Manager Kelly said there were no specific requirements for a Director as the Building Department. He said Steven Oxenhandler, Director of Development Services, was the Deputy Building Official of the City of Coral Springs. He said Mr. Oxenhandler assisted in organizing that Building Department and placed the Department on an Administrative keel. He said Mr. Oxenhandler would do this for Tamarac and would be overseeing the Building Department; however, Dan Wood, as the Acting Chief Building Official, would continue to be the qualifier for the Building Department and would be responsible for the sign --offs as the Chief Building Official. Mayor Abramowitz said the City was blessed with having four people qualified to be Chief Building Official whereas several Cities did not have one person qualified. City Manager Kelly said the appointment of the position of Acting Chief Building Official did not require City Council approval. 36. CITY ATTORNEY REPORT City Attorney Dom said during the month of July, 1989, he anticipated finalizing the documents for C/M Hoffman's request of the Occupational Permits and Registrations for single-family homes. He said one of the concerns with this matter was how land use affected the renting of single-family homes in residential neighborhoods. He said he anticipated meeting with C/M Hoffman in August, 1989 regarding the matter. City Attorney Doody said he was notified by the Municipal Code Organization that the new City Codes would be available in August, 1989. He said the existing City Page 28 6/28/89 Code has not been updated for approximately 6 years and he felt the City would have a cleaner City Code which would be organized differently. He said he would distribute the new City Codes when they were available. City Attorney Doody said he wanted to thank the City Clerk and her staff for all of the help they provided his office in getting the Agenda together. He thanked Carol A. Evans, City Clerk, for the great job she and her Department does day in and day out. He also wished her a happy birthday. City Council 37. MOTION TO ADOPT Temp. Reso. #5501 opposing off -shore drilling and im Wing SYNOPSIS OF ACTION: RESOLUTION NO. R-89-204 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5501 by title. * V/M Bender MOVED to APPROVE Tem. Reso. #5501, SECONDED by * C/M Rohr. C/M Hoffman said he did not want to see oil spills in Florida; however, he did not feel that oil spills came from off -shore drilling. He said he did not feel that the City was qualified to tell the Federal Government where they should or should not permit drilling for oil. He said he remembered several years ago when he had to get up at 4:00 A.M. in the morning to get to the gasoline line and he did not want to see this occurring again. He said it was not the City Council's business to get involved with an issue of this type. C/M Hoffman said if the City Council was worried about oil spills and leaks, it would be more sensible to pass a Resolution prohibiting tankers from the seas as opposed to where to drill. He said there was a lot of oil drilling in the North Sea and he has not heard of one spill because of the drilling. He said he did not approve of this type of Resolution. C/M Rohr said the issue did not pertain to oil rigs causing leaks in the environment. He said there was no reason why the United States had to be dependent on imported oil when the Government could use synthetic fuel, cut the deficit and dependence on foreign oil. He said not allowing off -shore drilling would be an incentive to use synthetic fuel. He said the Government had the oil companies experiment and spend thousands of dollars creating a synthetic program and then decided to have the oil imported. C/M Hoffman said he agreed with C/M Rohr that the Country should not be dependent on foreign oil. He said this was one of the reasons he did not want to prohibit drilling in the Country. C/M Rohr said the Broward League of Cities requested that the City Council pass this Resolution. He said every City in Florida was asked to pass this type of Resolution and, because of this, he recommended approval. Anthony Grimaldi, Resident of Sunflower/Heathgate, said the North Sea had a tremendous catastrophe because of an oil rig. He said it was foolish if the City did not Page 29 6/28/ 89 accept the fact that oil drilling would be a catastrophe to the beaches and he suggested the City Council approve this Resolution. VOTE: Mayor Abramowitz - Aye V/M Bender - Aye C/M Hoffman -- Nay C/M Rohr - Nay C/M Stelzer - Nay 38. MOTION TO ADOPT Temp. Ord. #1441 on first reading amending Article —II, Section 2-11 of the Code to provide for the elimination of night City Council meetings, and also to provide that the City Council will not meet for four (4) consecutive weeks at a time designated by the Council. SYNOPSIS -Temp. first OF ACTION: Ordinance #1441 was DEFEATED on reading. City Attorney Doody read Temp Ord. #1441 by title. Mayor Abramowitz said the Ordinance addressed two separate situations and he was against one of the issues. City Attorney Doody said the Charter provided that the City Council would not meet for four consecutive weeks at a time designated by the City Council by April 15. He said the Code had antiquated language which indicted that during the month of August the City Council would not have regular meetings. he said this was not consistent with the City Charter; therefore, the Ordinance provided a house-cleaning action to make the provision consistent with the City Charter. City Attorney Doody said the Ordinance also indicated that the City Council would not have night meetings as well as that the City Council would not meet in the month of July. Mayor Abramowitz said he was against one of the provisions and he asked if he would be denying the entire Ordinance if he voted against one of the provisions. City Attorney Doody suggested that the City Council direct him to draft a separate provision for the issue if the City Council denied this Ordinance. C/M Rohr suggested that this Item be Tabled until the City Council monitored the meetings in September, October and November, 1989, to see how many young and working people actually attended the night meetings. Mayor Abramowitz asked if C/M Rohr was indicating that the people who did not vote in an election should not be allowed to ever vote again and C/M Rohr said this was not what he was saying. C/M Rohr said he has been a Councilmember for three years and he did not see many different people in the audience except on specific items they opposed. He said it was fair for the City Council to monitor the matter for three months. C/M Stelzer said he introduced this matter at the June 14, 1989 City Council meeting. He said there were four 1 1 Page 30 6/28/89 Councilmembers that indicated they were interested in eliminating the night meetings. He said there seemed to be discussions that changed minds by evidence of this discussion. C/M Stelzer said he and the City Manager were monitoring the audience for 1-1/2 years during the night meetings. He said the people who attended the night meetings were the same people who attended the morning meetings. He said if there was a different person at a night meeting, that person did not attend the future evening meetings. He said it was not feasible to monitor the meetings because it had been done. C/M Stelzer said when he brought this matter to the City Council at the last meeting, C/M Hoffman suggested a Motion be made to change it and V/M Bender and C/M Rohr said they agreed with him. He said there were four people that said they were interested; however, someone seemed to be twisting arms to change their minds. Mayor Abramowitz asked C/M Stelzer why he was stating this and C/M Stelzer said there were four Councilmembers that showed interest in eliminating the evening meetings. Mayor Abramowitz said evidently people changed their minds and C/M Stelzer said the Mayor Abramowitz changed their minds for them. Mayor Abramowitz said this was not a fair statement because every Councilmember had the right to vote their own minds. He said he was against the Ordinance when it was brought to the City Council and he remained against it. He said if the City Council wanted the night meetings eliminated they had the right to vote on it. V/M Bender said he never informed C/M Stelzer that he agreed with eliminating the night meetings and C/M Stelzer said V/M Bender came tp him in the Council Office and indicated that he agreed with eliminating the night meetings. V/M Bender read a portion of a memorandum into the record that was sent to the City Manager by C/M Stelzer -as follows: "C/M Hoffman and C/M Rohr agreed that it may be a good idea." V/M Bender said his name was not mentioned in the memorandum and C/M Stelzer said the memorandum was sent before V/M Bender visited him in the Council Office. V/M Bender said the issue was not to consider the attendance but to give the residents the opportunity to attend. He said he did not want to be in the position to eliminate that opportunity and it was the residents prerogative to decide if they wanted to attend the evening meetings. He said by eliminating this opportunity, he felt it would discourage the new residents or future residents from coming to the evening meetings. He said he did not agree with eliminating the evening meetings. C/M Hoffman said when the matter was brought to the City Council his first impression was to agree and he did indicate that C/M Stelzer place his suggestion in the Page 31 6/28/89 form of the Motion. He said the City Council did have a very small turnout at the evening meetings; however, there was a small turnout during the morning meetings as well. C/M Hoffman said it may be a convenience for the City Council and staff to eliminate the evening meetings; however, he did not know if it would be convenient to the residents. He said he has been thinking about this matter since C/M Stelzer brought it to the City Council and he discussed this matter with several residents. He said he changed his mind regarding this matter because he did not feel that it would be feasible to eliminate the night meetings. C/M Hoffman said every City in Broward County held night meetings and the City Council should allow the people who worked the opportunity to come to the meetings without losing money from their work. He said without arm twisting, he changed his mind and he would vote against the Ordinance. City Manager Kelly said he and C/M Stelzer were monitoring the attendance at the night meetings for 1.-1/2 years. He said he would prefer to eliminate the morning meetings because staff could get more work done during the day. City Manager Kelly said it was very costly for the City during the summer months to increase the air conditioning in the Chambers which over -rode the computer system especially since there was a small attendance at the meetings. He suggested that the City Council consider not holding evening meetings in the summer months. Mayor Abramowitz said he understood the cost factor involved; however, he did not feel that this was the most important issue. He said he resented C/M Stelzer's implication that he twisted arms. He said he made his position very clear when the matter was first brought to the City Council and he has not changed his mind. He said it was unfair of C/M Stelzer to cast dispersions upon any Councilmember that may have had a change of heart. Mayor Abramowitz said there were people for the Ordinance and against it and the vote would indicate this. He said he received telephone calls from residents who objected to the elimination of the evening meetings. He said he recently received a telephone call asking why the City Council was trying to sneak the item on the Agenda. Mayor Abramowitz said if C/M Stelzer changed his mind on an item, he would respect C/M Stelzer's decision. C/M Hoffman MOVED to TABLE Te�. Ord. #1441 on first reading. Motion FAILED for lack of a Second. City Attorney Doody suggested that the City Council make a Motion to separate the Items which could be presented to the City Council as amended during the second reading. Vickie Beech, Resident, said as a resident living in the City for a long time, it made no difference when the meetings were held. She said she was very interested in Page 32 6/28/89 Government and she attended the meetings. She said she did not appreciate it when someone wanted to stop the younger or working residents from attending meetings. Mrs. Beech said when the evening meetings were implemented it was done because the younger residents indicated that the City Council was not interested in their welfare and the only time the City Council pursued those residents was during election time. Mrs. Beech said regardless of how many people attended the meetings the City Council should give the residents the option to attend the meetings. She said the City Council should remember that they were not elected to pander to families or condominiums but to give everyone their right to speak at the meetings. Anthony Grimaldi, Resident of Sunflower/Heathgate, said he agreed with C/M Hoffman. He said he was a resident of Sunflower/Heathgate which consisted of younger people and they expressed their concerns about having to attend meetings with their children. He said the City Council should not eliminate the night meetings even though it may be a cost savings; however, it was possible to make ?Iifferent arrangements during the summer months. C/M :'telzer said many years ago there were several items that were placed on the City Council Agenda that nonceened Sunflower/Heathgate. He said the Item c"cprned building low --income housing in the City and the resi:dents of Sunflower/Heathgate objected. He said the Council Chambers became over --crowded with women and children and the parking lots had to be closed. He said there was a matter concerning the canals and several residents attended the meeting and the Chambers were over -crowded. He said the City created an Ordinance prohibiting motor boats on the canals and there was a large crowd from Sunflower/Heathgate. C/M Stelzer said all of these meetings were held during the morning; however, there were night meetings held only when there was an issue involving Sunflower/Heathgate. He said there has not been any items affecting the Sunflower/Heathgate area for years and no one was attending the morning or evening meetings. Mayor Abramowitz said he did not understand how this fell into the category of Sunflower/Heathgate versus the entire City. He said the matter did not pertain to Sunflower/Heathgate and there were several people of all ages that worked. He said C/M Stelzer was correct in his monitoring of the attendance at the evening meetings; however, he still wanted to make the night meetings available to the residents. Mayor Abramowitz said he would like to see morning meetings only; however, it was not fair to the residents. C/M Stelzer asked how many morning meetings the City of Lauderhill had and Mayor Abramowitz replied, none. C/M Stelzer asked if everyone worked in the City of Lauderhill and Mayor Abramowitz said the City of Lauderhill may want to give all of the residents an opportunity to attend the meetings during the evening. * C/M Rohr MOVED to APPROVE the elimination of the night * meetings during the months of June, July, August and * September. Page 33 6/28/ 89 vsa Mayor Abramowitz said the Ordinance would have to be amended and City Attorney Doody said a new Ordinance was required. He said he could bring back an existing Ordinance at the next City Council meeting. Motion FAILED for lack of a Second. * V/M Bender MOVED to APPROVE Temp. Ord. #1441 on first reading, * SECONDED by C/M Hoffman. VOTE: Mayor Abramowitz - Nay V/M Bender - Nay C/M Hoffman - Nay C/M Rohr - Aye C/M Stelzer - Aye ** Temp. Ord. #1441 was DEFEATED on first reading. With no further business, Mayor Abramowitz ADJOURNED this meeting at 12:05 P.M. d NO AN ABRAMOWITZ, MAYOR 0 CAROL A. EVAN , CITY CLERK "This public document was promulgated at a cost of $224.60 or $28.08 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." CITY OF TAMARAC APPROVED AT MEETING OF S 9 City Clerk 1 Page 34 eko V /Y C / 1- 1*14; Jr/49� 1 L 7525 NORTHWEST 88TH AVENUE & TAMARAC, FLORIDA 33321 :401 TELEPHONE (305) 722.5900 Mr. Joe Norton Transmission Line Siting Coordinator Florida Department of Environmental Regulation Twin Towers Office Building 2600 Blair Stone Road Tallahassee, FL 32399-2400 June 28, 1989 RE: FPL Levee -Midway 500 kv Transmission Line Application Dear Mr. Norton: Enclosed is our report and recommendation concerning the FPL Levee -Midway 500 kv Transmission Line Application. This report is transmitted to the DER pursuant to Section 403.526(10), Florida Statutes. Please call Mr. Dick Carpenter -Craft, AICP, concerning our report. Sincerely, r ohn P. Kelly, City Manger Doody, City Attorney, or Ms. Kelly City Planner, if you have any questions cc: Mayor and Council Broward County Board of Commissioners Broward County League of Cities South Florida Regional Planning Council Florida Power and Light AN EQUAL OPPORTUNITY EMPLOYER POLICY OF NONDISCRIM TION ON THE E A' ')F HAN"- " )ED STAT''1!' ' ,OW C Cv 0 A/C r 1— 4/2- k/ t% City of Tamarac Report on the Proposed FP&L Transmission Line Background Florida Power and Light has submitted an application to the Florida Department of Environmental Regulation for approval of a transmission line corridor. The DER may certify the proposed corridor under the Florida Transmissions Line Siting Act, Florida Statutes. Each local government affected by the proposed corridor is required by Section 403.526 to submit a report to DER which describes "the impact of each proposed transmission line or corridor on matters within its jurisdiction." Issues The following have been identified as issues which may affect the City of Tamarac: 1. Proximity of the proposed transmission line to existing and proposed multi -family residential uses in the City of Tamarac. 2. Proximity of the proposed transmission line and proposed Conservation substation to industrial land uses shown on the Broward County Land Use Plan map and the City of Tamarac Land Use Plan map. 3. The ability of Florida Power and Light to obtain the appropriate Land Use Plan designation and Zoning district for the transmission line and the Conservation substation. Findings The issues have been reviewed by the City's Planning and Legal staffs. The following findings are offered with respect to the issue: 1 L J T''7r'� G City of Tamarac Report on the Proposed i=P&L Transmission Line 1. The proposed transmission line corridor is within 600 feet of existing multiple family residential units in the City of Tamarac. The proposed transmission line corridor is within 400 feet of undeveloped multiple family residential land uses as allowed on the Broward County Land Use Plan and Tamarac Land Use Plan maps. The City hereby expresses its concerns about the short term and long term effects of the proposed transmission line on the health, safety, and welfare of its citizens residing very near to the proposed corridor. The City is also concerned about the potential de -valuation of residential lands near the corridor. Further, the housing closest to the corridor is housing for senior citizens, for whom the City desires to avoid any additional health hazards which may result from residing near this proposed corridor. 2. The . proposed substation and transmission line corridor are within 500 feet of the undeveloped industrial land uses allowed by the Broward County Land Use Plan and the Tamarac Land Use Plan maps. This land section of industrial and commercially designated lands represents the City's future tax base; it is the sole remaining large parcel of undeveloped non- residential land in the City. It is the largest contiguous non- residential parcel of land in the City. The City is concerned about the potential for de -valuing this important industrial area by locating a transmission line and substation adjacent to it. The City desires to protect its future tax base, corporate citizens and workers from the potential negative impact from the visual, aesthetic, electromagnetic, health or other effects from this proposed substation and transmission line. 3. The Broward County Land Use Plan and the City of Tamarac Land Use Plan designate the proposed transmission line corridor as a Park and Recreation land use. The Broward County Land Use Plan designates an approximately 25 acre Utility site west of the Sawgrass Expressway. The City of Tamarac proposed Land Use Plan (which was transmitted to DCA in December 1988 and which will be re -transmitted in September 1989), designates only five acres of the 25 acre site for Utility use. The City will seek an amendment to the Broward County Land Use Plan in order to change the remainder of the 25 acre site from Utility to Open Space. Further, the City of Tamarac Report on the Proposed FP&L Transmission Line Park and Recreation designation on the Tamarac Land Use Plan does not allow utility uses, for with the transmission line or the proposed substation. The zoning on the proposed corridor and substation site is A-1 Agriculture, which does not permit utility uses. FPL would need to seek rezoning of the corridor and the substation site in the City of Tamarac. Conclusions and Recommendations The City of Tamarac opposes the location of the proposed transmission line corridor within the City of Tamarac. The City endorses a corridor along U.S. 27. While the City supports the concept of locating such linear service corridors as expressways and transmission lines in parallel facilities, we believe that the proposed transmission line facility, if located alongside the Sawgrass Expressway, is too close to the residents and corporate citizens and workers in the City of Tamarac. The City also opposes any alternative corridor which would necessitate the proposed 500 line coming into Tamarac to the proposed Conservation Sub -station. In the event that DER certifies a corridor, the City recommends that the following conditions be applied: 1. That FP&L be required to obtain the appropriate land use designation and zoning from each jurisdiction in which the proposed corridor is located. In Tamarac, both Land Use Plan and Zoning changes would be required for the proposed transmission line corridor and the sub -station. All appropriate performance standards contained in the Zoning Ordinance would be applied to this facility as to light, noise, and air pollution as well as for landscaping and other improvements. 2. That FP&L be required to locate any proposed corridor a sufficiently safe distance from residences and employment centers in the City of Tamarac. The City has reviewed data on both sides of the health issue; we would request that DER act conservatively in order to protect the health, safety and welfare of the residents and workers by setting conservative separation standards for this proposed transmission line from 0_/�!0Un0_ I L G A7 City of Tamarac Report on the Proposed FP&L Transmission Line residences, businesses and industrial uses. 3. The DER set conservative standards for the noise, electromagnetic fields, and fpr potential interference with microwave towers, emergency radio transmissions, and other telecommunications equipment that may be caused by the location of the transmission line in proximity to these types of equipment in the City of Tamarac. 4. Require that all access and service roads constructed by or for FP&L in the City of Tamarac be constructed to City standards found in Section 24 of the Code of Ordinances. All other services such as water, sewer and solid waste, for example, would be required to meet the standards in the City's Comprehensive Plan and in Section 7 of the Code of Ordinances. S. Construct all transmission line towers so as to limit or to eliminate the aesthetic and safety impacts on the adjacent residential and non-residential land uses in the City of Tamarac. . 6. Require that Florida Power and Light produce and abide by a set of management procedures which would handle any toxic substances produced by or used at the proposed substation and transmission line in a manner which would meet all Broward County wellfield protection ordinances and other environmo^tal regulations of the City, County and State of Florida. 7. Require that the transmission line corridor be accessible to the public for passive recreation purposes and that FP&L develop the corridor as part of the City of Tamarac and of Broward County's open space system. The lands are currently designated Park and Recreation (Open Space) on both the City's and the County's Plans. The primary corridor location would tie the open space systems of several Broward Cities together along the proposed north /south alignment of the transmission line. 8. Require that FP&L comply with Section 33 1 /2 of the J roward County Ordinances, as amended, with respect to Tree /6 ,�-j�rfi 37 ),7 City of Tamarac Report on the Proposed FP&L Transmission Line Removal and Preservation within the City of Tamarac. 9. Require that FP&L comply with land clearing, site planning and platting (as it pertains to the construction of principal structures) provisions of the Tamarac Code of Ordinances, Tamarac Land Use Plan and the Broward County Land Use Plan. F, i