HomeMy WebLinkAbout1983-11-09 - City Commission Regular Meeting Minutes44 a
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P O. BOX 25010
TAMARAC. FLORID 33320
FIRST CLASS MAIL
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, NOVEMBER 9, 1983
CALL TO ORDER: 9:30 A.M.
ANNOUNCEMENTS OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair
at this time will announce those items which have been given a
specific time to be heard, and will entertain motions from
Council members to table those items which require research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after publication.
BOARDS AND COMMITTEES
1. Recreation Board - Temp. Reso. #2890 - Discussion and pos-
sible action to appoint one member to this board (tabled
from 10/26/83).
2
3.
LIM
5.
Burglar Alarm Review Committee - Temp._Reso. #2907 - Dis-
cussion and possible action to appoint five members to this
committee.
Welcomin Committee - Temp._ Reso. #2910 —Discussion and
Possible action to appoint one member to this committee.
11/9 - Pg. 2
TABLED.
11/9 - Pg. 31
APPROVED and
appointed five
members.
11/9 - Pg. 3
APPROVED, appoint
Margot Greene.
cussion and �vss�ble�action�to-appopntRmem #2911 - D7s- 11/9 -- Pg. 3
Investment Advisory _ o,
'�o members to this TABLED to next
committee. regular meeting.
11/9 - Pg. 3
Pl anni n Commission - Announcement of vacancy of one regular Announcement madE
term and one alternate term. appointment to
be made at next
If anyone is interested in serving on this committee, please regular meeting.
contact the City Clerk's office for an application.
Appointments of residents _by Ci t Council. - Temp. Ord. #1073- 11/9 - Pg. 3
Discussion and possible action to provide that all people-— APPROVED on
appointed by the Council to boards and committees in the First Reading.
future shall be residents of the City of Tamarac. First
Reading.
CONSENT AGENDA
7. Items listed under Item .#7, Consent Agenda, are viewed to be
routine and the recommendation will be enacted by one motion
in the form listed below. There will be no separate dis-
cussion of these items. If discussion is desired, then the
item(s) will be removed from the Consent Agenda and will be
considered separately.
a) Minutes of 9/26/83 - Special Meeting - Approval re-
commended by City Clerk.
b) Minutes of 9/26/83 - Budget Hearings (1:00 P.M.) -
Approval recommended by City Clerk.
11/9 - Pg. 4
a) through k)
APPROVED.
PAGE TWO
c) Alan F. Ruf - Consultant City Attorney - 11/4/83 -
$3,380.86 - Approval recommended by City Attorney.
d) Richard S. Rubin - Consultant City Planner - Services for
October, 1983 - $2,250.00 - Approval recommended by City
Manager.
e) Mitchell Ceasar - Grants Consultant - Retainer for
October, 1983 - $1,250.00 - Approval recommended by City
Manager.
f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
10/18/83 - Project 1710-0, Statement 40 - $1,530.50 -
Approval recommended by City Engineer.
g) Alexander Grant & Company - Auditors - Progress billing
for services regarding financial statements as of 9/30/83
and preparation of report - $5,500.00 - Approval re-
commended by Finance Director.
h) Ambulance Vehicles - Authorization to purchase two (2)
Type III Rescue Ambulances under County bid contract from
E.V.F., Inc., at a unit price of $39,493.00, a total
price of $78,986.00,to be paid from Fire Department/
Federal Revenue Sharing Funds.
i) Lt. Kenneth Woodall - Approval of Agreement between the
City and this police employee regarding training at the
FBI Academy.
j) Bid Award - Cypress Creek Commons Docks - Approval to
extend the tabling action to the meeting of 12/l/83.
See Page One.
k) Woodmont Tract 59 - Acceptance of Water and Sewer Bill of
Sale - Approval to extend the tabling action to the
meeting of 12/l/83.
GENERAL ADMINISTRATIVE/FINANCIAL 11/9 - Pg. 4
AUTHORIZATION t
8. Tamarac Park - Concept Plans for Recreation Building - Status proceed granted
report b Ma or Falck - Discussion and possible action.
9. Broward League of Cities Business - Discussion and possible
action.
LEGAL AFFAIRS
and action regarding status report and - Discussion
0.FloridaiConsumer Federation vs. f
-Possibleg g report and offers for
settlement of the lawsuit.
11/9 - Pg. 12
Report given
by C/M Kravitz.
11/9 - Pg. 15
Settlement to b
denied; negotia
tions to be
continued.
11. Eastern Portion of Tamarac - Temp. Reso. #2909 - Discussion 11/9 --Pg. 12
and possible action to encourage Broward County Commissioners APPROVED, as
to rezone Petition #31-Z-83 from A-1 (Agriculture) to "Office amended.
Park" zoning district.
12. possible actionto amend -alarm user #2912 - Discussion and
Burglar Alarm User
_ _Temp.
permit fees.
PUBLIC HEARING - 2:00 P.M.
13. Lakeside Apartments/Lakeside Plaza - Temp. Ord. #1071 - Dis-
cussion and possible action on vacation of a road right-of-
way on the west side of State Road.7, at the north City limit
line, adjacent to these projects. Second Reading.
11/9 - Pg. 17
a)Temp.Ord. #
1075 APPROVED o
First Reading.
b)Temp.Reso.#
2912 TABLED to
12/1.
11/9 - Pg. 19
TABLED.
COMMUNITY DEVELOPMENT
PAGE THREE
14. Land Section 7 - Interim re ort by City Planner - Discussio
and possible action.
15. Isles of Tamarac - Model Sales Facility - Discussion and
possible action to renew a model sales permit and waiver of
the 300-foot distance requirement for certificates of
occupancy.
16. Southgate Gardens East/Mission Lakes - Model Sales Facilit
Discussion and possible action to renew a model sales permi
and waiver of the 300-foot distance requirement for cer-
tificates of occupancy.
17. Woodmont Tract 68 -- Model Sales Facility - Discussion and
possible action to renew a model sales permit and waiver of
the 300-foot distance requirement for certificates of
occupancy.
18. Brookwood Gardens/Lake Colon - Model Sales Facility - Dis-
cussion and possible action to renew a model sales permit
and waiver of the 300-foot distance requirement for cer-
tificates of occupancy.
19. Tamarac Gardens - Model Sales Facility - Discussion and pos
sible action to approve a second model sales facility at
this project.
20. Kings Point Professional Plaza - Discussion and possible
action on:
a) Release of five performance bonds posted for public
improvements subject to receipt of one-year warranty
bonds - Temp. Reso. #2920.
b) Acceptance of Bill of Sale for the water distribution anc
sewage collection system improvements - Temp.Reso. #2921.
21. Centra Care Medical Center - Temp. Reso. #2913 - Discussion
and possible action to accept a water utilities easement.
22. Lakeside at Tamarac - Revised Site Plan - Temp. Reso. #2914-
Discussion and possible action to approve a revised site
plan for a fence on the north property line.
11/9 - Pg. 10
TABLED.
11/9 - Pg. 12
APPROVED for
6 months.
11/9 - Pg. 8
APPROVED for
6 months.
11/9 - Pg. 8
APPROVED for
6 months.
11/9 - Pg. 1.2
APPROVED for
6 months.
11/9 - Pg. 29
APPROVED for
6 months, with
review for
renewal.
11/9 - Pg. 29
a) APPROVED, as
amended.
b) APPROVED.
11/9 - Pg. 12
APPROVED.
11/9 - Pg. 22
TABLED.
23. Richwa Department Store - Discussion and possible action on:11/9 - Pg. 28
a Revised site plan reflecting ingress/egress to Ambassador a) and b)
Savings & Loan - Temp. Reso. #2915. APPROVED.
b) Acceptance of an ingress/egress easement - Temp. Reso.
#2q1 F — -
1.L/ 7 -- rg . zu
24. Ambassador Savi n s & Loan - Discussion and possible action a) APPD.w/cons.
o n : b) HELD for rec(
a) Site Plan - Tem . Reso. #2917 vened mtg.
b) Landscape Plan .c) APPROVED
c) Water and Sewer Developers Agreement
25. St. Malachy Catholic Church -w Discussion and possible actior
a) Site Plan - Temp. Reso. #2918
b) Landscape Plan
c) Water and Sewer Developers Agreement
d) Acceptance of utility easement - Temp. Reso. #2919
26. Woodmont Tract 71(Golf Pointe) Discussion and possible
action on:
a) Revised site plan for a community pool on Lot 37 - Temp.
Reso. #2905 (at the corner of NW 84 Terrace and NW 83
Avenue) (tabled from 10/26/83)
b) Renewal of a model sales permit and waiver of the 150-
foot distance requirement for Certificates of Occupancy.
11/9 - Pg. 7
a) , b) , c) ,
and d)
APPROVED.
11/9 - Pg. 24
a) APPROVED
with conditions
b) APPROVED for
6 months from
11/12/83.
PAGE FOUR
27. Color West Country Club - Barricades adjacent to mainten- 1.1/9 -- Pg. 22
ance road - Status report, and discussion and possible REMOVED from
action. A enda.
28. Drainage__Imp_rovements in the City - Discussion and possible 11/9 - Pg. 23
a c t i o n. Reports given.
No action.
REPORTS 11/9 - Pg. 31
29. City Council Reports given.
11/9 - Pg. 33
30. City Manager No Report.
11/9 - Pg. 33
3'.. City Attorney _Report given.
Item No. 32 will be considered at a keconvened Council
Meeting_ scheduled for Monday, November 14, 1983 at 2:30 P.M
PUBLIC HEARING—`--------__ --____ ____
32. Pension Plan - Temp. Ord.T#1023 - Discussion and possible 11/14 - Pg. 1
action to amend the employee retirement plan concerning the APPROVED, as
"Plan Year", the normal retirement date and benefit for amended, on
police officers and firefighters, member contributions, dis- Second and
ability benefit and Medical Board. Second Reading. Final Reading.
(approved on first reading 4/27/83)
City Council may consider such other business as may come before it.
Pursuant to Section 286.0105, Florida Statutes, if a person decides to appeal
any decision made by the City Council with respect to any matter considered
at such meeting or hearing, he will need a record of the proceedings, and for
such purpose he may need to ensure that a verbatim record of the proceedings
is made, which record includes the testimony and evidence upon which the
appeal is based.
CITY OF TAMARAC
Carol A. Evans
Assistant City Clerk
It has been determined that due to the Thanksgiving holidays, the
Regular City Council meeting scheduled for Wednesday,
November 23, 1983, will be opened at 9:30 A.M. and is expected to
be immediately recessed to 9:30 A.M., Thursday, December 1, 1983.
Following are the residential and -commercial zoning districts in the City:
R-1
- Single Family Residence
B-2
- Planned Community Business
R-IB &
B-3
- General Business
R-IC
- One -Family Dwelling
B-5
- Limited Business District
R-2
- Two -Family Dwelling
B-6
- Business District
RD-7
- Two -Family Dwelling
S-1
- Open Space/Recreational
R-3U
- Row House
I-1
- Institutional
R-3
- Low Density Multiple Dwelling
M-1
- Light Industrial
RM-5 -
Residential Multi -Family
M-2
- Medium Industrial
Dwelling
A-1
- Limited Agricultural
RM-10 -
Planned Apartment
A-5
- Agricultural/Excavation
R-4A -
Planned Apartment
T-1
- Trailer Park District
R-5 -
Motel/Hotel
B-1 -
Neighborhood Business
33. Canal Excavations for 'Tracts 12, 13 and 13A at Kings Point Project -
Discussion and possible action. ^
34. F & R Request for Meter - Discussion and possible action.
35. Payment to Miller & Meier - Discussion and possible action.
36. Contract Renewal with Mitch Caesar - Temp. Reso. #2924 - Discussion
and possible action.
37. Woodmont Tract 54 - Disposition of Warranty Bond.
38. Fairways III - Disposition of Warranty Bond.
39. Monies Received From Employees for Chtistmas Part -
PAGE FIVE
11/9 - Pg. 1$
Report to be
submitted.
11/21- Pg. I"
APPROVED, with
conditions.
11/9 - Pg. 22
APPROVED.
11/9 - Pg. 9
APPROVED, with
provision.
11/21 - Pg,. 2
APPROVED.
11/21 - Pg.-3
APPROVED.
11/14 - Pg. 5
Authorization
given to open
account for
this purpose.
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
November 9, 1983
ape CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday,
1 November 9, 1983, at 9:30 A.M. in the Council Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice Mayor Helen Massaro
Councilman Philip B. Kravitz
Councilman David E. Krantz
Councilman Jack Stelzer
ALSO PRESENT: Steve Wood, Acting City Manager
Jon M. Henning, City Attorney
Carol A. Evans, Assistant City Clerk
Patricia Marcurio, Secretary
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment
of Silent Meditation followed by the Pledge of Allegiance.
33. Canal Excavation for Tracts 12, 13 and 13A at Kings Point Project -
Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
See Pages 18 & 19).
V/M Massaro MOVED to Agendize by Consent the canal excavation for
Tracts 12, 13 and 13A at Kings Point Project, discussion and possible
action. SECONDED by C/M Krantz.
►yrfil-�
ALL VOTED AYE
34. F & R Request for Meter - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
See Page 30).
V/M Massaro MOVED to Aqendized by Consent discussion and possible action
to be recessed to a Reconvened Meeting on 11/17/83. SECONDED by C/M
Krantz.
VOTE:
ALL VOTED AYE
35. Pa meat to Miller & Meier - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
See Pages 22 & 23).
V/M Massaro MOVED to Agendize by Consent discussion and possible action
concerning navment of a bill to Miller & Meier, SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
12. Burc,Zlar Alarm User Fees - Temp. Reso. #2912 - Discussion and
possible action to amend alarm user permit fees.
a) Temp. Ord. #1075 - Discussion and possible action to amend
Burglar Alarm User Fees.
SYNOPSIS OF ACTION: a) Agendized by Consent.
See Pages 17 & 18).
11/9/83
/pm
V/M Massaro MOVED to Agendize by Consent discussion and possible
action on a) Temp. Ord. 1075 - to amend Burglar Alarm User Fees,
SECONDED by C/M Kravitz.
vnTF
ALL VOTED AYE
36. Contract Renewal- with Mitch Ceasar -.Temp._ Reso. #2924 ' Di s-
cussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
See Pages 9 & 10).
Mr. Henning said he was contacted by Mitch Ceasar, Grants Consultant,
advisino him that his annual agreement expires on 11/21/83 and he
would like consideration of renewal of the agreement. He said the
agreement has the same terms and conditions as the present agreement
except that Mr. Ceasar would like to have a longer cancellation clause.
C/M Krantz MOVED to Agendize by Consent discussion and possible action
on Temp. Reso. #2924, SECONDED by V/M Massaro.
VOTE: ALL VOTED AYE
37. Woodmont Tract 54 - Disposition of Warrant Bond - Temp. Reso.
iscussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
See Page
Steve Wood referred to a memo to the City Clerk from the City Engineer
requesting this be Agendized by Consent and V/M Massaro so MOVED.
SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
38. Fairways III_ - Disposition of Warrant Bond - Temp. Reso. #2923 -
7sL�cususfion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
See Page 23).
V/M Massaro MOVED to Agendize by Consent discussion and possible action
on the Fairways III disposition of a warranty bond, SECONDED by C/M
Krantz.
VOTE: ALL VOTED AYE
Mayor Falck noted that the Council meeting scheduled for 12/14/83 will
begin at 9:00 A.M. so that Judge Shutter can appear before Council.
Mayor Falck said because of the outstanding financial report that was
completed last year by the City's Finance Department, they have received
a Certificate of Conformance, which he read into the record. He
officially presented this to Steve Wood, Finance Director, Linda
Schreiber -Baker, Deputy Finance Director, Stephen Gould, Accounting
Supervisor and Phil McLennan, Accountant,and commended them for their
efforts.
BOARDS AND COMMITTEES
1. Recreation Board - Temp.Reso. #2890 - Discussion and possible
action to appoint one member to this board (tabled from 10/26/83).
SYNOPSIS OF ACTION: TABLED for
receipt of more applications.
- 2 -
11/9/83
/pm
Jon Henning read the Resolution by title and C/M Kravitz said as
liaison to Parks and Recreation, there have only been four applica-
tions received and he MOVED to TABLE this Item to allow time for
receipt of more applications. SECONDED by V/M Massaro.
VOTE:
ALL VOTED AYE
3. Welcoming Committee - Tem Reso. #2910 - Discussion and possible
action to appoint one member to this committee.
SYNOPSIS OF ACTION: Margot Greene RESOLUTION NO. R-83- _;?� c > PASSED.
was appointed for a term to expire
5/11/84.
Mr. Henning read the Resolution by title and C/M Kravitz said several
applications have been received and they have all been interviewed.
He said he and the Committee nominate Yetta Robbins. V/M Massaro
nominated Margot Greene and Mayor Falck closed the nominations with
no further response.
Vote: Mayor Falck -
Margot
Greene
V/M
Massaro -
Margot
Greene
C/M
Kravitz -
Yetta
Robbins
C/M
Krantz -
Margot
Greene
C/M
Stelzer -
Yetta
Robbins
V/M Massaro MOVED the ADOPTION of Temp. Reso. #2910 appointing Margot
Greene to the Welcoming Committee for a term to expire on 5/11/84.
SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
4. Investment Advisory Committee - Temp, Reso. #2911 - Discussion
and possible action to appoint members to this committee.
SYNOPSIS OF ACTION: TABLED to the
next regular meeting for more
applications.
Jon Henning read the Resolution by title and V/M Massaro MOVED to
TABLE this Item to the next regular meeting to get more applications,
SECONDED by C/M Stelzer.
vnTF-
ALL VOTED AYE
5. Planning Commission - Announcement of vacancy of one regular term
and one alternate term.
SYNOPSIS OF ACTION: Announcement was
made and Council will take action at
the next regular meeting.
Mayor Falck officially announced the vacancy and said Council will
take action at the next regular meeting.
6. Ap_goi_ntmen_ts of residents by City Council - Temp. Ord. #_1.073 -
Discussion and possible action to provide that all people
appointed by the Council to boards and committees in the future
shall be residents of the City of Tamarac. First Reading.
SYNOPSIS OF ACTION: APPROVED on
first reading.
- 3 -
11/9/83
/pm
PF
Jon Henning read the Ordinance by title and C/M Krantz MOVED APPROVAL
of Temk. Ord. #1073 on first reading, SECONDED by C/M Stelzer.
VOTE:
ALL VOTED AYE
CONSENT
AGENDA
7.
Consent Agenda -
a)
Minutes of 9/26/83
- Special Meeting - Approval recommended by
City Clerk.
b)
Minutes of 9/26/83
- Budget Hearings (1:00 P.M.) - Approval
recommended by City
Clerk.
c)
Alan F. Ruf - Consultant
City Attorney - 11/4/83 - $3,380.86 -
Approval recommended
by City Attorney.
d)
Richard S. Rubin -
Consultant City Planner - Services for October,
1983 - $2,250.00 -
Approval recommended by City Manager.
e)
Mitchell Ceasar - Grants
Consultant - Retainer for October,
1983 - $1,250.00 -
Approval recommended by City Manager.
f)
Williams, Hatfield
& Stoner, Inc. - Consulting Engineer -
10/18/83 - Project
1710-0, Statement 40 - $1,530.50 - Approval
recommended by City
Engineer.
g)
Alexander Grant & Company
- Auditors - Progress billing for
services regarding
financial statements as of 9/30/83 and pre-
paration of report
- $5,500.00 - Approval recommended by Finance
Director.
h)
Ambulance Vehicles
- Authorization to purchase two (2) Type III
Rescue Ambulances under
County bid contract from E.V.F., Inc.,
at a unit price of
$39,493.00, a total price of $78,986.00, to
be paid from Fire Department/Federal
Revenue Sharing Funds.
i)
Lt. Kenneth Woodall
- Approval of Agreement between the City
and this police employee
regarding training at the FBI Academy.
j)
Bid Award - Cypress
Creek Commons Docks - Approval to extend
the tabling action
to the meeting of 12/l/83.
k)
Woodmont Tract 59 -
Acceptance of Water and Sewer Bill of Sale -
Approval to extend
the tabling action to the meeting of 12/l/83.
SYNOPSIS OF ACTION: APPROVED
Items a through k).
C/M Kravitz MOVED APPROVAL of Items a) through k). V/M Massaro
asked Steve Wood, concerning Item j), whether an extension had been
made to the City's grant. Mr. Wood said he has been told that Greg
Turek, Public Works Director, has been working on an extension for
this. V/M Massaro requested Mr. Wood follow this up and he concurred.
Melanie Reynolds, Charter Board member, said she objected to initials
being used on Alan Ruf's bill and the payment to these people being
the same as that to the Consultant City Attorney. Mr. Henning said
that Mr. Ruf's firm is a Professional Association and he volunteered
to clear this matter up. C/M Krantz SECONDED V/M Massaro's MOTION.
VOTE: ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
S. Tamarac Park - Concept Plans for Recreation Building - Status
report by Mayor Falck - Discussion and possible action.
SYNOPSIS OF ACTION: The City Planner
was authorized to proceed with the
plan as submitted and the Chief Building
Official is to oversee the construction
of the facility as outlined.
Mayor Falck said he worked with Richard Rubin on this. Mr. Rubin said
this is a realistic program of the basic needs the Tamarac Advisory
Board and the staff would recommend be placed at Tamarac Park. There
are needs in the total community for recreation, however, based upon
the limited size and the amount of facilities in Tamarac Park, there
- 4 -
11/9/83
/pm
is not adequate area to provide all the needs of the community.
Mr. Rubin said Tamarac park is 10.4 acres in size and most of the
area is totally developed, however, there are three areas that are
vacant, the ecology area behind the elementary school that the City
has limited access to, the area front along University Drive, and
the area where the trailer and the recreation building are presently
located.
Mr. Rubin said based upon the uses and the limited access on University
Drive, the only logical place for a facility would be at the end of
the parking lot at the same location where the trailer is located now
with the playground on one side, the fence for the
baseball field on the other side, the parking lot on the east side
and the amount of area left, between 3,000 and 5,000 square feet
could be developed. Therefore, he said, they have prepared a second
drawing demonstrating what could be placed in that area. The type
of facility they would recommend is a basic two story structure that
would have a primary purpose of serving the lono-term needs for this
park. He said the long-term needs would be offices to regulate and
monitor the use of the park, an open area for interior -type
activities such as ping pong, pool tables, social gatherings, dances,
etc. and open areas that would have a multitude of purposes. The
type of activities that could be used there in the interim would be
activity rooms for the various boards in the City with offices below
that would provide them the telephones and air conditioning they
would need.
C/M Krantz asked what would be on the second floor and Mr. Rubin said
the plan shows offices and meeting rooms and downstairs would be
storage room and open area for activities such as dances, etc. He
said he does not believe the first phase could include toilets
because they have not done a final cost estimate
and it would just be a large two story building with windows and
floors that could be expanded as the City grows, adding internal
furnishings to make a full service building. C/M Kravitz asked if
they have any idea of approximate cost and Mr. Rubin said it is
suggested that an'estimate of $200,000 be placed at this
facility based upon approximate costs of $30 per square foot plus
for 6,000 to 8,000 square feet of room.
Mr. Rubin said this is preliminary and if Council endorses the concept
today, he will prepare a cost estimate as well as a feasible method
to see that this is constructed at a reasonable pace. The cost
does not include profit, or the frills of a totally furnished build-
ing. One of the alternatives, he said, is that the City is consider-
ing providing in-house work forces using outside sub -contractors, to
see that it is constructed. He said other cities have determined
that using their own people saves and the bonding requirement is
removed. He said to protect themselves, those cities contracted with
adjacent cities to perform all building and fire inspections to
conform to the South Florida Building Code.
C/M Kravitz asked if a referendum would be needed for a total package
and Mr. Rubin said if Council endorses this concept today, that
question will be answered when final recommendation is requested. He
said the goal is to have a facility that will meet the r1tv'S
needs without a referendum. V/M Massaro said, hopefully, there will
be at least one meeting room for adults for various times that the
Tape public desires to meet as well as something for the teenagers to
2 utilize at once. She said if this goes to referendum it could take
a long time and the City has a future City Hall Complex site with
a Community Center proposed. She said the plan should have all
activities on the first floor with meeting rooms on the second floor
and she felt the observation space should be eliminated and the bottom
should be expanded because storage space is needed. She said a
staircase should be located with a ramp and platform. She said the
present snack bar and toilet facilities could be used temporarily
until the City can afford to add these facilities to the building.
- 5 - 11/9/83
/pm
C/M Stelzer asked how the Recreation Director feels about this
concept plan and'Doug Christy, member of the Recreation Board,
said speaking with the concensus of the Board, they are delighted
to see that something is being done and they all agree the location
of the existing trailer is the superior site. He said they recognize
the limitations of space at that site and endorse the concept of
having two stories and they came up with the term satellite. He
said this will meet some needs of the Board currently and in the
near future, when a Community Center is constructed on the City
Hall site, this will still meet additional needs. He said there
are still some unanswered questions concerning how open the bottom
floor should be versus enclosure considering safety for the Police
patrol to view the parking lot, etc. He said there are other ideas
but they want to keep cost below the level that might require a
referendum because of the time advantage without one.
Mr. Christy said there is a concept of a scoreboard that could be
included and Mr. Rubin said this would be acceptable if it could be
fit into the budget. He said the way the two baseball fields are
located, one two-story structure located halfway between the fields,
could have a scoreboard if there were windows on the second floor
and a public address system there. He said this would require the
building to be standing across from the snack bar and this is a cost
constraint to determine if it could be placed within a budget of
$200,000.
V/M Massaro said the Kiwanis have volunteered to spend approximately
$100,000 for this purpose and she suggested the Board contact them
concerning this. Mr. Christy agreed with V/M Massaro that most
activities should be planned for the downstairs level. He said
the Tamarac Athletic Federation has expressed their feelings that
the greatest need for them at the park would be a scoreboard and
they were considering working with the funds generated from the
concession stand for this purpose.
Sharon Ellis, Recreation Director, thanked Mr. Rubin for his assist-
ance in presenting this concept plan which presented the needs of
the Board realizing the expenditures that the Board had to work with.
She said they had asked the City Planner to design this to include
removing the refreshment stand if possible. She said the Recreation
Board has been working with Richard Entin of the Kiwanis and she
said there are 9 different leagues that meet at Tamarac Park and
there is not one scoreboard that would fit all the needs there.
She said they had contemplated 4 scoreboards at various places in
the park. She said Tamarac Park has the lowest rate of vandalism
in Broward County because of the staff there since it is monitored
almost constantly.
V/M Massaro said Council should consider building this with sub-
contractors under the supervision of the Chief Building Official.
Arthur Gottesman, Planning Commission member, asked if the parking
has been considered since there is limited parking space there now.
Mayor Falck said the problem is not insufficient parking as much as
improper parking. Mrs. Ellis said when they anticipate an overload
of cars, they ask permission from the School Board to use the school
facilities. Morton Student asked if it would be feasible to get
a grant for this and Council said no.
Mayor Falck said the motion should authorize the City Planner
to proceed with the plan that he has submitted which would include
the use of the Chief Building Official to oversee the construction
and the building of the facility. V/M Massaro said that the plan
in general is acceptable except that the activities must be confined
to the lower floor with the meeting rooms upstairs and she so MOVED.
SECONDED by C/M Krantz. She added to her MOTION that this should be
received from Richard Rubin not later than 12/1/8.3.
VOTE: ALL VOTED AYE
- 6 - 11/9/83
/pm
COMMUNITY DEVELOPMENT
25. St. Malachy Catholic Church - Discussion and possible action on:
a Site Plan - Temp. Reso. #2918
b) Landscape Plan
c) Water and Sewer Developers Agreement
d) Acceptance of utility easement - Temp. Reso. #2919
SYNOPSIS OF ACTION: a), b), c)
and d APPROVED as submitted.
RESOLUTION NO. R-83-4;�® IF PASSED.
RESOLUTION NO. R-83 o 0 PASSED.
a) Jon Henning read the Resolution by title and Richard Rubin said the
Archdiocese of Miami has proposed to provide a parish center and
school to be located at the St. Malachy Church site on University
Drive and 61st St. He said Mr. Baker, their architect, has worked
very closely with the City to be certain that their plans totally
comply with the City's Code. He said there are two new fire hydrants
being added, the parking is increased to satisfy the needs of all
the facilities and the applicant is asking for approval for the
first phase of their overall program.
V/M Massaro questioned if the necessary checks were submitted and
Monsignor Donnelly gave a check to the Assistant City Clerk:
$12,240.00 - Water & Sewer Contribution
160.16 Drainage Improvements
12,400.16 - Total
Mr. Rubin said the existing Church is located at the northwest corner
of the property and they are planning to build a parish facility,
social hall and an administrative building with two wings of school
classes at the southeast corner of the property. He said the rest
of the property which is east and north will be grassed in now for
recreation and there will be a second phase of classrooms that are
planned and will come before Council in the future. He said there
are 9 classrooms planned on this first phase, about 12,000 square
feet which includes a library. He said the staff has reviewed the
application and recommends approval and the City Engineer feels
the first driveway off of University Drive will be too close to the
traffic light and he recommends closing this driveway off and opening
the driveway at the east end to allow the cars to go out farther
away from University Drive.
Richard Baker, architect for the applicant, said this driveway coming
out of the south end of the front parking lot was reviewed by
Monsignor Donnelly and himself and they agreed that it is a safety
problem. V/M Massaro asked the City Planner what is planned for the
area that the Church has dedicated to the City and Mr. Rubin said
they have already recognized in this drawing that this roadway will
be dedicated and moved up and, therefore, they have shown on the
final site plan that they will remove some parking spaces and re-
locate them. V/M Massaro said the City has been in touch with DOT
and, inasmuch as the City cannot get the dedication from the other
side of this area, a traffic light is needed there because of the
danger. She said DOT has indicated to her that the approximately
$80,000 planned for roadwork will be negligible
now and, they said if the City purchases the material they will do
the work. She said they have indicated that they will furnish the
traffic light if the City pays for the installation. She said she
wanted the architect to consider the fact that this roadwork will be
done simultaneously so that those parking lots must be considered.
Mr. Rubin said the site plan shows a shaded area reflecting the changes
that will be needed and the Planning Commission stipulated that when
the sidewalk is installed, the pole with the traffic light will not
interfere with that sidewalk. V/M Massaro said they will have to
discuss this with DOT because the traffic light is not going to be
in the same place it would have been had there been the dedication
of the land on the southwest corner.
7 - 11/9/83
/pm
Mr. Rubin asked Mr. Baker to initial the changes on the site plan
and Mr. Baker did so. C/M Krantz asked Mr. Rubin how the new
construction will affect the parking situation and Mr. Rubin said
the new construction will totally be taking place on vacant land
east of the parking area and new parking is shown on the drawing
and it totally satisfies the Code requirement.
V/M Massaro. MOVED the APPROVAL of the Site Plan as submitted,
adopting Temp. Reso_.�#2918, SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
b) Mr. Rubin said this was reviewed by the Beautification Committee
and they recommend approval and the entire area that will not be
sodded will be seeded and must be maintained. V/M Massaro asked
if the applicant submitted a certified cost estimate and Mr. Rubin
said yes. V/M Massaro MOVED the ADOPTION of the Landscape Plan as
submitted and the certified cost estimate must be on file with the
City. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
c) Mr. Henning said he reviewed the Water & Sewer Developers Agreement
and he recommends approval. V/M Massaro MOVED the ACCEPTANCE of the
Water & Sewer Developers Agreement as presented, SECONDED by C/M
Kravitz.
VOTE:
ALL VOTED AYE
d) Jon Henning read the Resolution by title and V/M Massaro MOVED the
ADOPTION of Temp. Reso. #2919, SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
16. Southgate Gardens East/Mission Lakes - Model Sales Facility -
Discussion and possible action to renew a model sales permit
and waiver of the 300-foot distance requirement for certificates
of occupancy.
SYNOPSIS OF ACTION: APPROVED for
6 months to expire on 5/13/84,as
conditioned.
V/M Massaro said they have a letter from Toll Development indicating
that they would have payment of $6,802.98, which is the amount they
are in arrears, submitted to the City by 1/15/84. V/M Massaro MOVED
that this extension be granted subject to the payment being made in
full by the first January Council meeting or Mr. Toll will be in
Tape default and appropriate action will be taken. SECONDED by C/M
3 Krantz.
VOTE:
ALL VOTED AYE
17. Woodmont Tract 68 - Model Sales Facility - Discussion and pos-
sible action to renew a model sales permit and waiver of the
300-foot distance requirement for certificates of occupancy.
SYNOPSIS OF ACTION: APPROVED for
6 months to expire on 5/13/84, as
conditioned.
V/M Massaro said the same situation applies to this model sales
permit and the same letter came in. She MOVED that the extension be
granted subject to the payment being made in full by the first
January Council meeting or Mr. Toll will be in default and appropri-
ate action will be taken. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
- 8 -
11/9/83
/pm
GENERAL ADMINISTRATIVE/FINANCIAL
36. Contract Renewal with Mitch Ceasar - Temp. Reso. #2924 - Dis-
cussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent. RESOLUTION NO. R-83-_PASSED.
See Page 2). APPROVED agreement with
provision for a 60-day cancellation clause.
Mitch Ceasar gave a brief update on the Grants for this month:
1. He said he sent a memo to Council concerning the University
Drive situation and members of Council have expressed opinions
about the inequities of Tamarac's treatment. Fie said they are
moving forward and a meeting took place on 11/8/83 and Represent-
ative Gustafson, Chairman of the House Transportation Committee,
has significant contact with DOT and County Commissioner Craft
as well as Legislative Aides and other personnel. At that time,
they expressed to those parties exactly what they felt the
inequities were and began to develop a strategy on how best to
deal with them. He said the University Drive situation is such
that cities north and south of Tamarac are having expansion but
Tamarac is not. He said this is also significant being on the
Sawgrass Expressway because there will be a Commercial Boulevard
exit which will also put additional traffic into Tamarac. They
are exploring these things further.
2. V/M Massaro said Mr. Ceasar indicated at the 11/8/83 meeting that
Commercial Boulevard in all probability will be included in the
Sawgrass Expressway. Mr. Ceasar said he cannot say "in all
probability" since it is not part of the plans right now but he
will be meeting with the Executive Director of the Expressway
who is formerly the County Engineer as well as other people in
the Departments to see if they can make it part of the Expressway.
He said if the City were to expand Commercial Boulevard to
accommodate this, it could save the City approximately one million
dollars.
3. The City is the recipient of the Senior Employment Program which
is composed of retirees working part time within the City.
Tamarac has been guaranteed 4 positions and 2 have already been
placed.
4. They are looking into installing bathroom and water facilities,
fountains, parking lights, etc. in Veterans Park at no expense
to the City.
5. V/M Massaro said the Finance Director had indicated that a request
has been put in for an extension to the Grant for Veterans Park
and she asked if Mr. Ceasar could be helpful in that. Mr. Ceasar
said he would be happy to but needs a note from someone detailing
it. He said this is important because it is predicated on the
City being able to apply for other money.
6. Mr. Ceasar said he is working with Tony Nolan of Williams,
Hatfield and Stoner, Inc. for a Utility West project in reference
to the City of Lauderhill.
7. He said they are pursuing some money through community affairs
for a passive recreation facility in the City.
8. They are pursuing an answer to opting out of the 3-year program
for the block grants.
Mr. Ceasar said his salary is $15,000 and he is not asking for any
increase this year as he has not in previous years and, although
there is a clause in the Agreement that any time spent over 50 hours
would be billable and there have been months where extra time was
allotted, he has never billed the City for one hour over. C/M Kravitz
asked it there is a list of outstanding or pending grants for the
City and Mr. Ceasar said that is reflected in his monthly memos.
C/M Kravitz said he would like to know what is pending today and
the chances of receiving an.y of it. Mr. Ceasar said they have
already received the Senior Employment and they are applying for
the Veterans Park grant. He said they are exploring passive park
facilities as well. He said he would outline these further in his
next memo to Council.
- 9 -
11/9/83
/pm
C/M Kravitz asked if there is a list of the grants that Tamarac did
receive last year and Mr. Ceasar said he would send Council a listing
of the grants, the amounts, the match necessary, etc. C/M Kravitz
said he has read that several cities are dropping their Grants
Consultants and he asked Mr. Ceasar if, in his opinion, Tamarac
would have received grants if he were not the Grants Consultant.
Mr. Ceasar said no, previous to his arrival in 1979, he had been
told that the City received one grant and that was a time when grants
were more accessible because the economy was not as tight. Since he
has been with the City, Tamarac has received ten grants and it is
more difficult now because of the economy and Tamarac has no depressed
economic areas.
V/M Massaro said Tamarac has a problem with the Utility as well,
there is money available for utility work, but Tamarac i;s.not eligible
because the City's utility is in too good a condition. C/M Kravitz
said the Agreement is the same as previous years with the exception
that Mr. Ceasar wants a 6 month termination clause instead of 30
days. He asked Mr. Ceasar if he would be flexible in this area and
Mr. Ceasar said he would compromise at 90 days and the rationale for
this is that he is in the process of updating all his contracts and
by doing that he would remain consistent. C/M Krantz said he would
go along with 60 days and V/M Massaro said this seems to be the
consensus of the Council and she MOVED to renew the contract as
written with provision for a 60 day cancellation clause, SECONDED
by C/M Krantz.
Mayor Falck said Mr. Ceasar's connection with the Sawgrass Expressway,
which will ultimately affect Tamarac, is very helpful for the City.
He expressed his concern about the school busing situation as well
as the problems with the Unitary Tax. He said some mention was made
about grants for 201 and he said between now and 4/15/84 is a very
critical period as far as the City is concerned. He said they have
authorized the pursuance of drawings and sketches necessary by the
Consulting Engineers and these must be.completed and filed in early
January, at which time, if the City qualifies, it will get grant
applications. He said he has received information the past week
concerning grant money available for the upgrading of sewer lines
in the City.and he appreciates Mr. Ceasar's assistance.
Vickie Beach, resident, said at the present time there are only 2
cities in Broward County that have a Grants Consultant who represents
both. She objected to the City having a Grants Consultant because
she said the City Manager should do the grant seeking. Mr. Ceasar
said the predominance of his work is for Tamarac and other cities
have dropped their Grants Consultants because they have not produced
grants for the cities. He said he checked into the feasibility of
a grant for the proposed Police facility but was told there is no
money for brick and mortar for Police buildings or public safety
buildings.
VOTE: C/M Stelzer
Aye
C/M Krantz
Aye
C/M Kravitz
Nay
V/M Massaro
Aye
Mayor Falck
Aye
Melanie Reynolds, Charter Board member, said the Charter Board should
get copies of the grants he has gotten and any further memos, etc.
COMMUNITY DEVELOPMENT
14. Land Section 7 - Interim Report by Ci
and possible action.
SYNOPSIS OF ACTION: TABLED to a
future meeting.
- 10 -
Planner - Discussion
11/9/83
/pm
Richard Rubin said Land Section 7 presently has a moratorium placed
on it and there are approximately 9 months left. There were certain
conditions that the City agreed to during the period of moratorium
and the purpose today is to advise Council of the status of the pro-
ject and to determine from Council if they endorse the recommendation
of the Planning Commission in the way to proceed from this point.
Mr. Rubin said Land Section 7 is over 400 acres in size and only one
shopping center has been approved presently, the -Market Place in the
northeast corner and the rest of the site is vacant. The Planning
Commission has made a review of the proper land uses for the parcel
and if Council accepts their preliminary recommendation today, staff
will proceed with making the final legal documents, land use amend-
ments, scheduling required, etc. to proceed with the public hearings.
He said the Planning Commission felt:
1. That the plan today does not reflect many changes from the original
Land Use Plan.
2. Residential area along McNab Road south of the Isles of Tamarac
and the residential area on the south side west of Spyglass
should stay residential in design. The original plan showed a
school and park site at this location, however, they cannot
identify a school site if the School Board does not want it since
the property owner is then prevented from utilizing this land.
This concept, as proposed, shows there was a total of 1,526 units
assigned to this area by the County's Land Use Plan and the
density to achieve this drops from 10 dwelling units on the north
to 8.33 dwelling units per acre. He said this is better for the
type of housing which would be individual town houses or cluster
homes, similar to the nature already in the City.
3. The commercial spots on the original plan are endorsed.
4. There is unanimous opinion that there is a need for an office park
and the size on the drawing is 100 acres. Members of the public
have questioned why this entire area that is not residential
cannot be offices and the answer is the over-all area then would
be 200 acres in size, based upon the Sunrise Industrial Park to
the south and they feel that this is too much office space there
since the northern portion would be too far away from an inter-
section.
Mr. Rubin said they are trying to develop a new term to designate
storage, distribution,.high technology, research -type laboratories
and there is not a land use category for that as yet in Broward County.
He said in the Broward County Land Use Plan, when they designate the
area as Industrial, a City may be more restrictive, therefore, Tamarac
could restrict this to non -pollutant with no noise, etc.
V/M Massaro said it would be appropriate for the City Planner to
make a sketch with the suggested zoning shown on it and then a
schedule on the side of what would go in density, etc. She said
a memo should be given with this sketch for Council's review along
with a copy of the minutes from the Planning Commission meetings.
Mr. Rubin said the Planning Commission felt if Council approved the
concept today, they would prepare the uses. V/M Massaro said Council
is in no position to make a judgment today since they have just
received the minutes of the Planning Commission this morning and have
not had time for ample review.
Mr. Rubin requested this Item be tabled until the Planning Commission
has had sufficient review and input from the public on this. David
Silverglide, resident, asked that the residents of the Isles of
Tamarac be notified of the Planning Commission meeting in which this
will be discussed and Mr. Rubin said he would do so. V/M Massaro
MOVED to TABLE this Item to a future meeting, SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
11/9/83
/pm
15. Isles of Tamarac - Model Sales Facility_ - Discussion and possible
action to renew a model sales permit and waiver of the 300-foot
distance requirement for certificates of occupancy.
SYNOPSIS OF ACTION: APPROVED for
6 months to expire on 5/12/84.
V/M Massaro said the appropriate fee has been paid and she MOVED
extension of the model sales permit for 6 months to expire on 5/12/84.
SECONDED by C/M Krantz.
vnTF-
ALL VOTED AYE
18. Brookwood Gardens/Lake Colony - Model Sales Facility - Dis-
cussion and possible action to renew a model sales permit and
waiver of the 300-foot distance requirement for certificates
of occupancy.
SYNOPSIS OF ACTION: APPROVED for
6 months to expire on 5/30/84.
V/M Massaro said the appropriate fee has been paid and she MOVED
extension of the model sales permit for 6 months to expire on 5/30/84.
SECONDED by C/M Kravitz.
VOTE: PLL VOTED AYE
21. Centra Care Medical Center - Temp. Reso. #2913 - Discussion and
possible action to accept a water utilities easement.
SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-83- [7 PASSED.
Jon Henning read the Resolution by title and V/M Massaro MOVED the
ADOPTION of Temp._ Re_so_._ #2913 since this utility easement is needed
by the City, SECONDED by C/M ^Krantz.
Tape VOTE: ALL VOTED AYE
4
GENERAL ADMINISTRATIVE/FINA.NCIAL
9. Broward League of Cities Business - Discussion and possible
action.
SYNOPSIS OF ACTION:Report by
C/M Kravitz.
C/M Kravitz said there was an article in the newspaper concerning
the City of Margate's concern in reference to Proposition #1 and they
are making provisions to cut their budget if this should be
passed. He said, although this may be premature, it might be advisable
for Mayor Falck to follow this up and report back to Council and the
Finance Department so that Tamarac can also be prepared. He said they
are awaiting an official report from the last convention and there
will be a meeting of the Broward League on 11/17/83.
Mayor Falck said he sent Council a report concerning Tamarac's
involvement in the Florida League Meeting.
LEGAL AFFAIRS
11. Eastern Portion of Tamarac - Temp. Reso. #2909 - Discussion and
possible action to encourage Broward County Commissioners to
rezone Petition #31-Z-83 from A-1 (Agriculture) to "Office Park"
zoning district.
SYNOPSIS OF ACTION: APPROVED
as amended.
RESOLUTION NO. R-83- PASSED.
- 12 -
11/9/83
/pm
Jon Henning read the Resolution by title and Mayor Falck said
there is a hearing scheduled by the County on 11/18/83 and he will
be attending on behalf of the Council and also as a resident. He
said this is a remaining portion of land that will affect twelve
homes if this is rezoned that will allow industry abutting those
back yards. He said he is in favor of the zoning remaining as it
is presently and this Resolution will help in his presentation to
the Commission.
V/M Massaro MOVED the ADOPTION of Temp. Reso. #2909, adding that
"Introduced by" reflect Mayor Falck's name since he initiated this.
SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
Mayor Falck recessed the meeting to 1:30 P.M. for lunch.
- 13 -
11/9/83
/pm
I
30
BALANCE OF MINUTES BEGIN
ON PACE 15
-14-
71
r
E__]
MAYOR FALCK CALLED
Tape WEDNESDAY, NOVEMBER
4 WERE PRESENT.
LEGAL AFFAIRS
THE MEETING TO ORDER AT 1:30 P.M. ON
9, 1983 IN COUNCIL CHAMBERS AND ALL
10. Florida Consumer Federation Vs. Cijy of Tamarac - Discussion
and possibleaction regarding status report and offers for
settlement of the lawsuit.
SYNOPSIS OF ACTION: Settlement offer to be
denied. Negotiations to continue,
with emphasis on 6:00 P.M. hour.
Miss Chris Carsky reported that the case of the Florida Consumer
Federation Vs. the Cities of Tamarac, Plantation and Sunrise is
scheduled to go to trial within the next few weeks. She said it
might be continued, but at this point
the plaintiffs have offered a settlement, which she has pre-
sented to Council.
City Attorney Jon Henning said the settlement offer was in the
form of a letter to Mr. James Green, the Attorney for the plaintiff,
dated November 3, 1983.
Miss Carsky stated that a decision was published last month by
the Eighth Circuit Court of Appeals for the Eastern District of
Illinois. The case is Acorn, which is a consumers group,Vs. the
City of Frontenac, Illinois. She said she discussed this case
with Mr. Henning prior to the time she made Motions before the
court, as it was in favor of a 6:00 to 9:00 prohibition for
solicitation, which is the same issue being tried in the Tamarac
law suit. In a January Ordinance, the City -of Tamarac mandated
the prohibition that solicitation not be permitted after
6:00 P.M.
Miss Carsky stated that the Frontenac case in_..the District ._Court
was in Tamarac's favor. She said that Tamarac's case is before
the Federal District of South Florida. The Circuit Court in
Illinois has recently reversed the Frontenac case and it was
published about a month ago and comes down squarely against
the 6:00 to 9:00 prohibition. She said there are a few
distinguishing features but it is the only Circuit Court announce-
ment on this issue and therefore will be binding in this District,
unless Judge Eaton decides to make new law in this district.
City Attorney Henning said he would explain that the District
Courts are the trial courts in the Federal System. The Southern
District is basically in Palm Beach, Dade and Broward Counties.
The case referred to by Miss Carsky in Illinois, would be on
equal footing with the Southern District in Florida. The Illinois
case went to the Circuit Court of. Appeals, which is an interim
step to the Supreme Court, and that was the ruling that struck
down the lower court. Mr. Henning said there are no Circuit
appellate cases to govern the South District of Florida. However,
if the courts would refer to other areas of the country, they
would see that in Illinois, this is the way the Federal Court
has ruled. It will be up to Judge Eaton to dissent. to or distinguish the
opinion if the City is able to prevail in this case. Mr. Henning
said he does not know whether the Illinois case allowed
solicitation on weekends and that is what the City of Tamarac
felt distinguished its Ordinance.
Miss Carsky said she has read the upper and.lower court opinions
and she feels the only thing that would distinguish the City's
case is that Frontenac allowed solicitation on weekdays until
6:00 P.M. and all day on Saturday; whereas the City of Tamarac
allows full weekends as well as holidays. Frontenac did not
allow solicitation on holidays either.
-15- 11/9/83
/rb
r
C/M Krantz asked whether
divided between the three
that the settlement offer
the $1,750.00 settlement would be
cities; and Miss Carsky stated
is with respect to Tamarac only.
V/M Massaro asked whether the City of Tamarac is connected
with the other cities in any way. Miss Carsky said the City
is not connected with the other two cities, and in fact,
the suits could be severed for trial. if they are, while
the ether cases are being tried, Miss Carsky said she would not
be required to be present and the City of Tamarac
would not be liable for attorney fees for the other cities.
V/M Massaro said she feels the City should not settle this
case and Mayor Falck said he would agree with the Vice Mayor.
V/M Massaro said she feels there are good reasons for the
City to not permit solicitations after 6:00 P.M. as there is
a lot of crime in the general area, though not specifically in
Tamarac. She pointed out that there are many widows in the
City who live alone and most of the residents of Tamarac are
senior citizens. She said after 6:00 P.M. it is dark and people
who live alone will not open their doors to strangers.
V/M Massaro said she does not believe a court would require
the City to permit solicitations after 6:00 P.M. and it is
worth spending the legal fees in an attempt to protect the
residents of Tamarac.
Mayor Falck said he would agree with the Vice Mayor and he
feels the City should not be required to make -a commitment
for thirty consecutive days for the next three years as.
even during Daylight Savings Time, it is dark before 9:00 P.M.
V/M Massaro said she feels the City is being lenient by allowing
solicitation until 6:00 P.M. She mentioned that Council could
obtain the figures on how many senior citizens and widows reside
in the City of Tamarac.
C/M Krantz said there are 80o senior citizens in Tamarac.
Miss Carsky said she has those figures but does not have the
breakdown; and V/M Massaro said Council could obtain that infor-
mation, if it would be worth while.
C/M Krantz commented that Tamarac is unique in comparison to
other cities; and V/M Massaro agreed.
Attorney Denning said the City could turn down the settlement
offer or make a counter--offer-and the Mayor said he is concerned about
the time element, -as the $l-7-50._0Uis nsignf-icant.
V/M Massaro said she would MOVE that the settlement offer be
denied and that Miss Carsky continue defending the City in the
manner that the City Attorney in conjunction with Miss Carsky,
determine to be the proper way to go, with the emphasis on
6:00 P.M., and taking heed of the various things mentioned that
make Tamarac a little unique from other cities. SECO14DED by
C/M Krantz.
C/M Stelzer asked whether it is requested that solicitation be
permitted on weekends; and Miss Carsky stated she has been
advised they do not solicit on weekends.
Mayor Falck said he is against solicitation for thirty consecutive
days. Miss Carsky said it is possible they would be in the City
for less time, but it is her understanding that is irrelevant.
_ -16-
11/9/83
/rb
Mayor Falck said he feels the City is handling this matter
in the proper manner.
C/M Stelzer asked whether the City prohibits solicitation on
certain days; and Mayor Falck said the City does not,
Mrs. Melanie Reynolds, resident, mentioned that there are
condominiums that have "No Soliciting" signs. C/M Krantz
said those signs are ignored.
Miss Carsky said signs must be obeyed and the Mayor asked
whether putting signs on every house would prohibit
soliciting in that house. Miss-Carsky said it would,
and in fact that is one of the things the courts rely on.
The courts say because it is inconvenient to have to do that,
is not a sufficient reason to overcome the first amendment
and the rights of these people.
Mrs. Reynolds said she does not think it advisable to get
the numbers of people who live alone, as those individuals
receive enough peculiar telephone calls without having any more
publicity.
Mayor Falck said any information the City would obtain would
not be for publication.
VOTE:
ALL VOTED AYE
City Attorney Henning said - for the record he would state
that Chris Carsky is with law offices of Alan Ruf, P.A. and
the other individual the Mayor inquired about earlier. is
Richard Eichenbaum, Attorney.
12. Burglar Alarm User Fees
a) Temp.. Ord. #1075 - Discussion and possible action to
amend Subsection 14-64(3) of the City Code repealing the
provision prohibiting prorated fees for alarm user
permits.
b) Temp. Re.so. #2912 - Discussion and possible action to
amend alarm user fees.
SYNOPSIS OF ACTION: a) Agendized by
Consent on Page 1. APPROVED on First
Reading. b) TABLED to 12/1/83 meeting.
a) City Attorney Jon. Henning read the Ordinance by title.
Mr. Henning stated that presehtly, the provision for permit
fees for burglar alarm users is pasea upon the
calendar year at $50.00 per year, which is due the first of the
year. If an individual would get a new burglar alarm installed,
they would be liable for a permit the first year for $50.00, whether
they obtained it in January, November, December, etc. Ile said
Subsection "A" of the Ordinance states that "fees shall not be
prorated for a part of the year". To make this consistent with
the occupational licenses which permit a half payment, half
way through the year, Mr. Henninq
said it is his suggestion before changing the fees, that one
sentence must be eliminated; and Ordinance #1075 removes that
sentence, so the fees can be prorated. Actually, the fees can
be prorated in any way desired, based on a month, a quarter, or
semi-annually.. However, he is proposing since the City uses
full and half fees for occupational licenses, that if this
Ordinance does pass on Second Reading, the fee be $50.00 for the
full year but after July 1, there will be a $25.00 fee for the
first year; and when the permit is renewed the following January,
the fee will again be $50.00.
-17- 11/9/83
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V/M Massaro said she feels the fees should be based on a
calendar year because of the amount of work involved.
S;le said at one time, consideration was given to requiring payment of
fees quarterly but because of the fact that the occupational
licenses are based on semi-annual payments, if burglar
alarm fees are changed to quarterly payments, those individuals
requiring occupational licenses will demand the same treatment.
Therefore, she feels it is advisable to have semi-annual payments.
Mayor Falck said he would agree with the Vice Mayor.
V/M Massaro MOVED the adoption of Temp. Ord. #1075 on First
Reading. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
b) Mayor Falck said City Attorney Henning is of the opinion that
Temp. Reso. #2912 should be tabled to the next meeting; and
Mr. Henning said that is correct. V/M Massaro said she would
so MOVE. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
33. Canal Excavations for Tracts 2, 13 and 13A at Kings Point
Project Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent
obi Page . Soil boring information to. he
submitted.
V/M Massaro said there is'a bond which expires on December 24,1983
and that date is approaching too rapidly for the amount of work
that must be accomplished at Kings Point. This work is in con-
nection with the three canals that F & R (Lennar Corp;)had to
excavate on Tracts12 and 13A at 106 Avenue & 80 Stree-c and 13A
at 103 Avenue, as well as Tract 13 east of 103 Avenue. All three
of those go to the canal to the south of it. V/M Massaro said
these canals should have been excavated in their entirety approx-
imately two years ago but, they are not completed. She said there
have been problems because of the rock formations, as exists in
all the canals in the .City. Iiowever, in one way or.another, this
has always been worked out.
V/M Massaro said she would suggest that the City require, through
the Engineering Department or the City Manager's office, soil
boring information to substantiate the following:
1. Existing depth of rock
2. Hardness of rock
3. Furnish as -built drawings
V/M Massaro said with this information, the City will be in a
better position to make a proper judgment as to what action should
be taken or what should be required of the developer. A letter
was sent to the Engineering Department from the developer, which
indicated they would have to blast, to break through the rock.
She said she feels this was a threat because they kiiow 1--he City
is not happy about blasting. However, if the City obtains the
information that is requested, the City would be in a better
position to determine whether blasting is necessary and whether it
is a viable solution. The City should not prejudge the possibility
of blasting, because if it is done by technically competent persons
with time charges,and the time of explosion is timed in proper
stages and intensity, it should not cause any damage or problems.
She said the City should not permit the developer to make threats.
The canal must be completed and the City should not wait until
December 24, or perhaps another year or two.
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V/M Massaro said she would suggest that the City Manager follow the
suggestions made today and request the various items,after which
the Engineering Department and the Council will be in a position to
make a proper judgment as to how to handle the situation; and she
would so MOVE. SECONDED by C/M Krantz.
Mayor Falck suggested that Steve Wood take note of this and if
additional clarification is required, he obtain it from the
Vice Mayor.
VOTE: ALL VOTED AYE
PUBLIC HEARING
13. Lakeside Apartments_/Lakeside Plaza -- Tem Ord. #1071 -
Discussion and possible action on vacation of a road right--of-way
on the west side of State Road 7, at the north City limit line,
adjacent to these projects. Second Reading.
SYNOPSIS OF ACTION: TABLED for
receipt of reports from City Engineer,
City Planner,City Attorney and Beauti-
fication Committee, to determine action
to be taken to protect the City.
City Attorney Jon Henning read the Ordinance by title.
Mayor Falck opened the public hearing. There was no response and
the public hearing was closed.
V/M Massaro said when this item is discussed, Council must also
refer to Item #22, which is the revised site plan for. Lakeside at
Tamarac., where a request is made for a fence on the north property
line.
V/PZ Massaro said when she saw item #22 on the agenda, she checked
the site plan and was astonished to see that it is contemplated to
place a fence on the inside of the same area they are talking about
vacating. She said she does not know why any one would want to
vacate a road right -of --way and then not take advantage of that land
because the land comes back to them; and this is so indicated in
the document.
V/M Massaro explained that at the last Council meeting, aneasement
was accepted for drainage purposes but she
did . not suspect that the easement submitted to the City was for
anything but drainage purposes for the City of Tamarac. She said she
ekipected a culvert to go through that area for drainage, or that
it would be for a canal. She did not think of going out to explore
the area. However, when she saw item #22 on the agenda, which is
the request for a fence, she referred to the plan and realized.....
that nobody would vacate a road right-of-way and
then put a fence up to block it off- Upon inspection, she
found that this is a very deep drainage ditch
which they want to fence in, although a four foot chain link fence
would be no protection. V/M Massaro said that
this drainage ditch is in
the City of Tamarac and belongs to the Lakeside at Tamarac project
but it drains County property into it. Tamarac does not use it
at all as Lakeside at Tamarac property is not draining into it.
The trailer park on the other side of the street drains into it.
Their streets are made in a "V" shape, and the drainage comes into
that ditch.
V/M Massaro mentioned that recently the City took over the responsibility
of maintaining canals; and the area discussed today is a deplorable
sight. She said these problems are worse than those the City experienced
with Sections 6 and 7 and once the fence is put up, nothing could
be done about it because on the other side of the ditch there is
nothing but solid mangrove and all kinds of vegetation which is
typical of an area that has never been touched.
V/M Massaro said she is concerned that this easement not be
recorded; and it is her understanding that it has not.
In addition, she would like the Engineering Department,
the Community Development Department and the City Attorney
to submit reports about this project and about the vacation
as well as the easement Council had already
accepted because it is possible that Council will come to
terms with the.developer.
V/M Massaro said she does not know whether the setbacks are
correct because in the document received from the Attorney for
the applicant, it is.mentioned that
this is needed ir..unediately for setbacks,
and she feels this should be thoroughly checked. The grading is
not correct for the ditch area and there is no way to make the
beautification proper. The parking area abuts the bank, and
V/M Massaro said she was very surprised at everything she saw,
and she would MOVE to defer action subject to reports from
the City Engineer, City Planner, City Attorney and the Beautification
Committee, so that Council can determine what needs to be done
or what action to take, in order to be as helpful as possible
but at the same time protect the City to the fullest extent.
SECONDED by C/M Krantz.
Mr. David Harden, representing the petitioner, said that the
petitioner has been before Council a few times and was not
aware that Council had these considerations. He said he would
like to make Council aware that all that is requested today
is the vacation of the riqht-of-wav and the City is not
being asked to take over any responsibility. In fact, the
Lakeside at Tamarac project is not draining into that area.
V/M Massaro said that is her concern; and she
is also concerned about when the State did the work on
441, this condition was not corrected. She said an attempt was
made to vacate this property on the plat, but she is certain
the County would not permit the vacation :since
the County drains into it.
Mr. Harden said the petition before Council is simply a right--of--way
vacation. He is aware the area is not a street and never will be.
V/M Massaro said Council will investigate the situation and determine
what needs to be done to comply with Code and how the City can be
best protected, as well as how the ditch will be maintained and
who will maintain it, and whether the petitioner will guarantee
that the ditch will be maintained. She stated that when Council
receives the reports requested from the various staff members,
Council will then know how to react to this application.
Mr. Julian Bryan,representing the.developer,said as this is a dedicated
right-of-way, he believes the City does not have the opportunity
to control it, as an easement would be controlled b_y the City.
He said he feels the City would have a little more control over an
easement as to what it is used for and how it is maintained.
V/M Massaro stated that she is not sure the City wants the easement,
and perhaps Council should take action at this time to revoke the
easement, as it serves no purpose for the City.
Mr. Bryan said that would be satisfactory as the petitioner would
then proceed to vacate the right--of-way. He said they were respond-
ing to the City Engineer's office.
V/M Massaro mentioned that the site plan does not show the drainage
ditch; and Mr. Bryan said the site plan shows a right-of-way which
is precicely what it is.
-20- 11/9/83
Tape
5
V/M Massaro said there are many indications in the site plan
that this is a road right--of-way.
Mr. Bryan stated that on the site plan, there
is no suggestion this could be anything but open space; and
V/M Massaro said she feels this is an attempt to misinform the
City since in the areas where there is a roadway, the curvature
of the lines indicate this to be a road right-of-way.
Mayor Falck commented that the item listed on the agenda
specifically says road right -of --way, and that is what Council
has been considering today.
Mx. Bryan said when he searched back to the old Fort Lauderdale
truck farms plat, the north property line was shown as a land
section line; and almost all of those of fifty or sixty years ago
had road rights -of -way along them. Many were never developed as
roads and some were cut as drainage ditches when the land was a
farm; and that is the way it still is.
V/M Massaro said when she questioned. one of the members of
the organization, she was told this was a large tract of land
with a road right-of-way and if the land were ever divided into
sections, someone would be able to reach the back part of the
land as there is a road right-of-way for that purpose. She
said she has now been told that as the entire parcel of land
was purchased, there is no need for this road any more, and a
request was made to vacate it.
Mr.Bryan said that if the City is concerned that they would be
accepting something if the road right-of-way were vacated, he
would state that the only place where there is a setback encroach-
ment problem is on the commercial frontage; and aside from that,
there is no setback problem. This is completely in comformance
with Code, and in the front it is only four feet out of fifty feet.
V/M Massaro said the ditch is not in conformance with Code, and it
is also not in conformance with beautification.
Mr. Bryan said it is his opinion that it is in conformance with
beautification.
V/M Massaro said the City had a similar situation on Bailey Road
and at that time, she worked with the DOT and they put in a culvert
and closed up the area. She said there is a possibility they
would do something similar in this case and she would make the
attempt. She said that in addition, perhaps Mr. Bryan has
some contacts_ in the DOT or their Engineering Department, and
could get them to handle it and do the same thing, as the
County is draining into the ditch.
V/M Massaro said she feels the City should complain to the County;
and Mayor Falck agreed.
Mayor Falck said the City also experienced the same thing at
Sunshine Plaza at the time that section of State Road 7 was
rebuilt.
V/M Massaro said she does not feel the City should be burdened
with the County's drainage.
Mayor Falck said he feels the Motion is in order, and the
action is appropriate.
Mr. Harden asked whether this will be deferred until a certain
date; and V/M Massaro said this must be worked out first, as
mentioned today.
_..._Mayor Falck said Council will take this up as soon as possible, and
certainly does not want to hold it up.
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11/9/83
/rb
VOTE: ALL VOTED AYE
22. Lakeside at Tamarac - Revised Site Plan - Temp. Reso. #2914 -
Discussion and possible action to approve a revised site
plan for a fence on the north property line.
SYNOPSIS OF ACTION: Action TABLED
until road right-of-way vacation
is resolved.
City Attorney Jon Henning read the Resolution by title.
V/M Massaro said this item has been discussed in conjunction
with Item #13, and she would MOVE that this be tabled until
the vacation of road right-of-way is resolved. SECONDED by
C/M Krantz.
VOTE: ALL VOTED AYE
27. Colony West Country Club - Barricades adjacent to maintenance
road - Status report, and discussion and possible action.
SYNOPSIS OF ACTION: REMOVED
from Agenda as this is private
property.
V/M Massaro stated that Council had requested her to contact the
DOT to determine what should be done regarding the protection of
the canal that runs parallel with 88 Avenue. She said she
spoke with representatives of DOT about this situation and
she was informed by two of the top people there, that if this
were under their jurisdiction, they would require a guardrail.
However, private property is not under their jurisdiction.
V/M Massaro stated that private property is not under the City's
jurisdiction either. The DOT had stated that as this is private
property and not a public thoroughfare, it is their opinion
that the City of Tamarac make no recommendation, thereby leaving
the owner entirely responsible.
V/M Massaro said she would MOVE that this item be removed from
the agenda and not discussed further. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
35. Payment to Miller & Meier - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent
on Page 2.APPROVED payment of
bill in the amount of $2,778.00.
City Attorney Henning said Council is familiar with the architect's
agreement with the City and the chart which has been published
many times. He said the bill from Miller & Meier came to his
attention on Monday, and the amount is only 10% of the programming
phase. Council will recall that the programming was approved
across the board for $27,780.00, and in their monthly billing,
they are asking for the first 10% of that amount.
Mr. Henning said that Miller & Meier are optimistic about having
a complete programming report for Council by December 1, for the
Police Facility, and at least a status report or interim report
on the remodelling. They are making good progress. He said
there might be a couple of the Council members who have not yet
had the opportunity to talk with Craig Kenyon to share ideas with
him, but he has been meeting with a lot of the staff members and
department heads, as well as some of the Council members, and
this is a small portion of the service due them and he feels.. -that
this will not be a controversial item. Mayor Falck said he would
agree with that.
WIPM
11/9/83
/rb
L.
C/M Kravitz said he would MOVE that this City pay Miller & Meier
the 10% of the programming completed to date, of $2,778.00, which
is on account. SECONDED by V/M Massaro.
C/M Krantz asked whether this would be the first payment to
Miller & Meier; and C/M Kravitz said it would.
VOTE: ALL VOTED AYE
37. Woodmont Tract 54 - Disposition of Warrantv Bond.
SYNOPSIS OF ACTION: Agendized by Consent
on Page 2. TABLED to recessed
meeting of 11/17/83 at 11:30 A.M.
V/M Massaro said she would MOVE this item be TABLED to the recessed
meeting of November 17, 1983 at 11:30 A.M. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
38._ Fairways III - Disposition of Warranty Bond.
SYNOPSIS OF ACTION: Agendized by Consent
on Page 2.TABLED to recessed
meeting of 11/17/83 at 11:30 A.M.
V/M Massaro said she would MOVE this item be TABLED to the recessed
meeting of November 17, 1983 at 11:30 A.M. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
28. Drainage Improvements in the City - Discussion and possible
action.
SYNOPSIS OF ACTION: C/M Kravitz
reported action is taking place
and residents are satisfied.
V/M Massaro and C/M Krantz both
reported ponding no longer exists
an hour or so after rain stops,
in areas reported by residents.
C/14 Kravitz said he has toured the city in the areas of the
complaints and found the work has been started and the residents
of the City are happy as action is
taking place. Fie stated that consider ng the heavy rains, he feels
the City is in pretty good shape and the areas that are not, are
being taken care of.
V/M Massaro reported that when she investigated the ponding
conditions that were reported by the residents, and found that
after the rain has stopped, within an hour or so, the ponding no
longer exists. C/M Krantz said he had found the same conditions
when inspecting those areas shortly after a rain stopped.
Mayor Falck said when he becomes concerned about the City's drainage
conditions, he drives up to Oakland Park between Fifth and sixth
avenues and a car cannot get through; and he then returns to
Tamarac happy..
V/M Massaro said she went to the Norfolk area mentioned by
C/M Kravitz and found no ponding existed, and when she went
through another street that had not been complained about,
her car could not get through the street. C/M Krantz asked whether
that street is in Woodlands and V/M Massaro said it is.
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26. Woodmont Tract 71 (Golf Pointe) Discussion and possible
action on:
a) Revised site plan for a community pool on Lot 37 -- Temp.
Reso. #2905 (at the corner of NW 84 Terrace and NW 83
Avenue) (tabled from 10/26/83)
b) Renewal of model sales permit and waiver of the 150-foot
distance requirement for Certificates of Occupancy.
SYNOPSIS OF ACTION: a) APPROVED RESOLUTION NO. R--83- �?>&;> PASSED
with conditions. b) APPROVED for six
months from 11/12/83.
a) V/M Massaro said this item was held up due to problems which
are not indicated on the agenda; and she fe.ols there are serious
problems which must be corrected before the developer proceeds.
V/M Massaro stated that Green Kroll has been requested to submit
cost estimates and pay the fees to excavate and fill canals back
to the property line. She said lots #9, #10 and #11 have to be
backfilled because a house is being built on one of those lots
which is eight feet from the water line, which the City cannot
allow. Those lots had been overexcavated and nothing can be
done except to backfill them.
V/M Massaro asked Mr. Julian Bryan, representing Green Kroll, .
if he would agree to backfill lots #9, #10 and #11 and Mr. Bryan
said he would.
Mr. Bryan displayed the revised site plan and pointed out Tract 71,
which is surrounded by the golf course. The existing canal wraps
around the north and a portion of the east property line. He
explained that Montwood apparently, in the interest of creating
additional retention, excavated into the golf course area and
substantially out of the canal right -of --way; and inadvertently,
overexcavated a portion of lots #9 and #10 and some of lot #11.
Mr. Bryan stated that lots #19 and #20 have existing houses on
them and the lots in-between those, which are #12 to #18 and a
portion of #11, were not excavated to the property line, and they
average in ranges of ten to thirty-three feet.
Mr. Bryan said to clarify the situation, he would state that
Green Kroll have three requirements. There is a requirement
to backfill lots #9, #10 and #11, and pay a permit and inspection
fee for them, as that fee was never paid since Green Kroll did
not anticipate tixey would need to be backfilled. Mr. Bryan said
there is also a consideration for the waiver of the requirement
fnr excava.ti_na hehind lots *19 and #20, where residents are living
and Certificates of Occupancy have been issued. These lots are
to be completely landscaped and sodded down to the water, and the
lots graded according to Code. Mr. Bryan said the balance of the
lots in --between those would present a problem if they were to be
excavated,due to the areas surrounding them. . Green Kroll is
requesting they be permitted to pay a drainage fee which is equal
to 5% as any tract r?auires 5% retention and/or the canal adjacent to
it must be excavated. He explained this tract did not require
5% retention, since it is part of the Woodmont drainage network
which includesall the waterways and canals within Woodmont.
It did, however, have to be excavated to the property line; and Green
Kroll is now suggesting they grade and slope the land, according
to Code and pay a retention fee for those lots. Mr. Bryan said
the area of each of those lots has been computed by the surveyor and re-
viewed with Mr. Foy of the Engineering Department, and square
footage was determined for the total area Mr. Bryan presented a
check to council in the amount' of $ l0 , _3 r; n . n 0 . for drainage retention
fees for lots 12 through 18. Lots 19 and 20 would require a drainage
retention fee of $2,135.00 and a check was presented to Council in
that amount. Mr. Bryan said an additional check can be presented
to Council in the amount of $156.00, which represents 6-1/2% of the
cost for permit and inspection fees for the backfilling of lots
#9, #10 and 911, if Council approves it.
_24- 11/9/83
/rb
Mr. Bryan stated that he would provide Council with a letter
confirming the fact that the bonding company is aware that the
subdivision improvement bond reflected earth work and excavation
of the site, although this was not specifically indicated as a
separate work item, such as a manhole or water and sewer line
would be. He said the bond is in the amount of $400,000.00
and the City is protected for the $2,400.00 which it will cost
to do the backfilling of the lots, as this bond is still in force.
V/M Massaro stated she had requested a letter W be provided
by Green Kroll to the City, which the City will forward to the
bonding company, if Council grants approval today. Mr. Bryan
said he can present that letter to Council today.
V/M Massaro said she was concerned with the lots which were
not excavated, and originally felt they should be excavated as
the City's prime consideration has always been to get as much re-
tention as possible, which is more important than the money involved.
She explained that she has been informed by Mr. Ken Krasne of
Green Kroll that it would be a tremendous hardship to them to
excavate those lots as the phone company, Florida Power & Light
and sprinkler system lines are in the lots, which would mean
everything would have to be torn out to excavate them.
V/M Massaro said she would not desire to create a hardship for
Green Kroll, but she is especially concerned about the house
that was built too close to the water line. She said she has seen
pictures of a house in one of Tamarac's sister cities, which was
hanging in mid -air because it was built too close to the canal.
Mayor Falck said he had seen those pictures too.
V/M Massaro said she feels Green Kroll did nothing 'intentionally.
There had been an agreement with Montwood Corporation to excavate
this property. When that was done, the excavation of the golf
course was done and excavation was done far beyond what
was required. She said she therefore, feels that Green Kroll should
not be required to excavate lots 12 through 20. She commented that
Mr. Krasne has done beautiful work on the property and this was
a mistake, which could be corrected if the excavation is not required
for these lots.
V/M Massaro asked Mr. Krasne whether he has amended the estimated
cost sheets. Mr. Krasne explained that Green Kroll's engineer
telephoned Mr. Foy, and the phone call was accepted in lieu of a
letter. However, a letter will be delivered to Mr. Foy within a
day, amending the estimated cost sheets.
V/M Massaro said the City will require the letter to be sent to
the bonding company, and will also need the amended cost sheets if
approval is given by Council today.
V/M Massaro MOVED that Green Kroll Corporation be permitted to not
excavate lots 12 through 20 to the property line. They will have
to conform to Code as to slopeand pay the fees for the amount not ex-
cavated, and Council is in receipt of those checks. Lots #9, #10
and #11 are required to be backfilled to the property line, with
the slope to be on their property. Furthermore, a C.O. will not
be issued for lot #9 where the residence is currently under con-
struction, until the required backfilling is done, and canal
slopes and setbacks are satisfactorily completed, as per Code.
Building permits will not be issued on any remaining lots under
discussion until the canals are properly constructed for lots #9,
#10 and #11 and a letter provided to the City from the bonding
company, stating the bond includes $2,400.00 for backfilling these
lots. Approval is subject to further review and clarification as
to the correctness of all items submitted to the City as well
as final certification of costs.
Mayor Falck asked whether this would include Temp. Reso. #2905.
-25- 11/9/83
/rb
C/M Stelzer read the Resolution by title.
V/M Massaro MOVED the approval of Temp. Reso. #2905 for the
community pool they want to build, subject to the require-
ments previously stated and which relate to Tract 71 and the
adjacent canals. SECONDED by C/M Krantz.
Mr. Julian Bryan stated that in discussions with Mr. Foy, a
question arose concerning the grading and side slopes of the canal
behind the various lots. He said in some cases, the grading
is vertical and very deep and it would not be possible to
provide an underwater shelf as that would occur out in the
existing canal. Mr. Bryan said he feels it is important that
Council understands this situation.
V/M Massaro said one of the Stipulations states that failing
to provide the proper shelf, the City would require a hold harm-
less agreement from any potential bodily injury or liability.
C/M Stelzer asked whether Lots #9, #10 and #11 will have a
shelf when they are backfilled; and Mr. Krasne said while
these lots are being backfilled, it would be possible to create
the shelf.
V/M Massaro said she feels that might be a problem, since
there will be a tendency for it to slide.
Mr. Bryan said when backfilling lots,and canals are deep as these
are and slopes are almost vertical, it would be difficult
to create a shelf. He said he would, therefore, suggest that all
the lots require a hold harmless agreement.
C/M Stelzer suggested that Green Kroll provide a hold harmless
agreement for all the lots; and Mr. Bryan said that will be
done.
VOTE: ALL VOTED AYE
b) V/M Massaro MOVED to approve the renewal of the model sales
permit and waiver of 150 foot distance requirement for Certificates
of Occupancy, for a period of six months from November 12, 1983.
SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
24. Ambassador Savings & Loan - Discussion and possible action on:
a) Site Plan-- Ted Reso. #2917
b) Landscape Plan
c) Water and Sewer Developers Agreement
SYNOPSIS OF ACTION:
See Page 28.
a) C/M Stelzer read the Resolution by title.
V/M Massaro stated that the City has an Ordinance requiring
eight -foot sidewalks on the west side of University Drive
in anticipation of eventually having a complete bikeway there.
She said Mr.Beyers has agreed to install the eight --foot sidewalk
in front of the,property and in front of the Richway property,
as well as in front of the gas station which separates the
Richway property and the bank property.
V/M Massaro said a voluntary dontribution was given for
a traffic light in the amount of $4,340.00 and a check will be
presented to the City Clerk today for all fees due.
Mr. Dick Rubin, City Planner, said there is a minor engineering
fee due from Richway, which should be included in the check.
V/M Massaro said Council will refer to that file before the
check is made out.
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irk
Mr. Rubin stated that the application is on a 1.26 acre
parcel of .land, which is zoned B-2 at the Northwest corner
of 82 Street and University Drive. Ile said this is a very
well designed and attractive building and it will be a nice
entrance into the Woodmont area.
C/M Krantz asked whether this building is north of Richway;
and Mr. Rubin explained that this is on the south side of
Richway, and he showed a site plan which reflected the location.
V/M Massaro said the site plan also shows the location of
the right-of-way which will be opened up.
The City Planner said that Council
had originally approved Richway to be located on the north side
of the property, with parking at the south and west sides.
Richway had more than enough property to serve their needs,
and therefore,they designated on the plat, the southeast corner
of the property as an out parcel.Theg paid the retention and
improvement fees at that time for the overall site and it has
been recorded with the County.
Mr. Rubin showed the Amoco station on the site plan and
stated that the bank will be built south of the filling station
along University Drive. Ile said it is interesting to note that
the bank building curves parallel to the intersection of the
roadway, so there will be a better view for traffic safety.
Mr. Rubin said the architect worked with the staff to be sure
the project would comply with the Code; and staff recommends
approving the project provided the Richway site is also approved.
Mr. Rubin stated that when the County approved this vacant plat,
they said they would only allow an entrance to the site, but not
an exit. Therefore, this site had an inherent problem and the
only way to solve it was to have driveways in the rear going ott
into the parking lot of Richway.There£ore, there is an item on
the agenda for the Richway plan and in that plan, the only changes
shown are the two new driveways so the bank can use Richway's
parking lot for primary access in and out. The City has received
an easement from Richway to grant public access through their
parking lotto service the bank. Mr. Rubin said the two changes
in the Richway plan are #1, the driveways and #2 to be consistent,
the City has requested that the bank install an eight -foot bikeway
along their portion of University Drive on Richway's property.
V/M Massaro said that Richway has indicated the bank is to pay
the City $61.28 for engineering fees and this amount is to be
included in the check to be presented today by Ambassador Savings
and Loan.
Mr. Rubin said that a few months ago, Council approved a site plan for
the HMO Medical Center, at which time Council had requested the
applicant place curbing on University Drive. Council is now
requesting that Ambassador Savings & Loan backfill the median on
University Drive to the top of the curb and then landscape it.
Mr. Rubin said the site plan reflects that five trees and pampas
grass will be planted.
V/M Massaro said there is to be a relocation of all hedges
and trees which are now in the Richway driveway. These cannot
be moved off the site and must be relocated somewhere on the site.
Mr. Rick Anderson, representing the developer, said a couple of
new islands were created by cutting through a few of the driveways
and that would be an appropriate place for those hedges and trees.
11/9/83
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V/M Massaro mentioned that since the bank is on Richway's
property, they might want to say something about it, but Richway
cannot do anything without the City Planner's approval
and probably with the bank's approval as well.
Mr. Anderson said he would doubt Richway would want to have
anything to do with this.
Tape V/M Massaro said the landscaping in the median is to be
6 watered and maintained for a period of not less than ninety
days to ensure a healthy growth, after which the City will
assume maintenance.
23. Richway Department Store - Discussion and possible
action on:
a) Revised site plan reflecting ingress/egress to
Ambassador Savings & Loan - Temp. Reso. #2915.
b) Acceptance of an ingress/egress easement - Temp. Reso.
#2916.
SYNOPSIS OF ACTION: a) and b) RESOLUTION NO. R-83--30_15� PASSED
APPROVED. RESOLUTION NO. R-83- �(p PASSED
a) City Attorney Jon Henning read the Resolution by title.
V/M Massaro MOVED the adoption of Temp. Resn. 42.915 -or the
revised site plan for Richway of Tamarac. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
b) City Attorney Jon Henning read the Resolution by title.
V/M Massaro MOVED the adoption of Temp. Reso. #2916 .for the
ingress/egress easement. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
24. Ambassador Savings_ _& Loan_
a)Site Plan - Temp'. Reso. #2917
SYNOPSIS OF ACTION: a) APPROVED with RESOLUTION NO. R--83- PASSEll
7onditions. b) Held for reconvened meeting T
Df 11/14/83. c) APPROVED.
V/M Massaro MOVED the approval of Temp. Reso. #2917, the
development order for Ambassador Savings & Loan ,project, subject
to the following requirements:
- Installation of eight -foot wide sidewalk in front of this
property, adjacent to gas station and in front of Richway
property, as indicated on both plans. The applicant has
voluntarily agreed to do this work.
•- Applicant's renrasentative has voluntarily agreed to donate
$4,340.00 for traffic light. The traffic light money will
be escrowed to the traffic and road improvement escrow fund.
- Median on University Drive to be backfilled to the top of the
curb with Bahia sod.
- Landscaping to be approved by the City Planner.
Relocation of all hedges and trees now in the Richway driveway
and parking area, subject to the City Planner's approval.
However, these hedges and trees must be relocated on the
property.
-- Landscaping in the median to be watered and maintained
for a period of not less than ninety days from installation
to ensure a health growth, after which time the'City will
assume maintenance.
The MOTION was SECONDED by C/11 Krantz.
VOTE: ALL VOTED AYE
c) Water and Sewer Develo ers Agreement
V/M Massaro said a check is due the City in the amount of $7,650.00,
and Mr. Anderson said it will be presented to the City today.
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V/M Massaro MOVED the approval of the Water and Sewer Agreement
as presented. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
A check was presented to the City Clerk for $12,051.28 covering
the fees shown below.
$7,650.00 - Water and Sewer
61.28 — Engineering (Richway)
4,340.00 - Voluntary contribution for traffic
light
19. Tamarac Gardens - Discussion and possible action to approve
an Administrative Home Warranty Service Office at this
project.
SYNOPSIS OF ACTION: APPROVED for
six months from 11 9/83. to be
reviewed prior to renewal. Approval
does not waive 300 foot distance
requirement.
V/M Massaro said this office will serve both Tamarac Gardens and
Kings Point temporarily, and she would MOVE the approval of the
administrative home warranty service office for a six month
period, with a thorough review before renewing this permit in
view of the fact that two separate projects will be utilizing this
facility. This approval does not waive the requirement for a 300
foot distance separation from any residential unit. SECONDED
by C/M Kravitz.
Mayor Falck asked whether this office will handle warranties on
appliances and Mr. Marty Riefs said the office will handle customer
service for the apartments. The buyers will come to the office
for adjustments. A Customer Service Manager will be hired to deal
directly with the buyers of the apartments so they will not have
to go out of the development to request service.
V/M Massaro mentioned that the Bermuda Club had an office of
that type while the development was under construction and it
worked out very well.
Mayor Falck asked whether the same procedure was used in Delray;
and Mr. Riefs said it was.
VOTE:
ALL VOTED AYE
20. Kings Point Professional Plaza -- Discussion and possible action on:
a) Release of five performance bonds posted for public im-
provements subject to receipt of one --year warranty bonds -
Temp. Reso. #2920.
b) Acceptance of Bill of Sale for the water distribution and
sewage collection system improvements - Temp. Reso. #2921.
SYNOPSIS OF ACTION: a) APPROVED as RESOLUTION NO. R-83- 20,00o7 PASSED
Amended. b) APPROVED. RESOLUTION NO. R-83—_PASSED
a) City Attorney Jon Henning read the Resolution by title.
V/M Massaro MOVED to release the
performance bonds for paving and drainage in the amount of $18,838.50,
landscaping in the amount of $1,800.00, sidewalks, slab curbs and
gutters in the amount of $1,350.00, water distribution in the
amount of $84.80 and sewage collection in the amount of $19,776.50.
These bonds are to be released subject to receipt of a performance
bond in the amount of $1,2.75.00 for the incomplete sidewalk. This
bond is for a period of three months and if the sidewalk is not
installed within three months, the bond will be called. SECONDED
by C/M Kravitz.
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V/M Massaro said she would include in her Motion that approval is
subject to their realigning the old existing guardrail from the
present southern post to meet their new southern post.
Mr. Riefs said it was his understanding that the guardrail
alignment was off approximately thirty inches at the worst part
and that Council would permit it to remain that way if the
sidewalk could be installed. without moving it. He said the Stipulation
requires the City to relocate the existing guardrail.
V/PI Massaro said she had indicated that the guardrail need not
be touched if the five-foot sidewalk could be installed without
moving 'it. However, if the guardrail needs to be
realigned, it would be the responsibility of the developer
as the guardrail had been set back in anticipation of the widening
of Nob Hill Road; and that may not ever occur. Therefore, if the
sidewalk can be installed without touching the old existing
guardrail, that would be ac6eptable. If the sidewalk cannot
be installed without moving the guardrail, it is the responsibility
of the developer to realign the original southern post to meet
the new southern post. She said this would be a matter of only
changing about five posts in the guardrail as the difference is
not more than thirty inches at the furthest point, and going to
zero.
Mr. Riefs stated that if the City does not wish to relocate the
guardrail, it is his opinion that the five-foot sidewalk could
be installed without realignment.
V/M Massaro said that would be satisfactory, but if a relocation
of the guardrail must be done, it would be the responsibility of
the developer since it is the developer who changed the location
of the new guardrail.
Mr. Riefs said for clarification, he would state that the bond
for $1,275.00 has already been ordered for a period of one year
and as requested by the City, he will present a letter to the
City Clerk at this time stating that the sidewalk will, be installed
within three months. He said he will reorder the bond, but in
the interim, the letter will state that the sidewalk will be
installed within three months.
Mayor Falck said he sees no problem with this.
City Attorney Henning said in lieu of the Motion the Vice Mayor was
making, he would suggest she amend Section 6 b) to add the
language, "Sidewalks are to be completed within ninety days from
the effective date of this Resolution" as indicated in their
letter of November 9, 1983.
V/M Massaro MOVED that Temp. Reso. #2920 be
approved as amended. SECONDED by C/17 Krantz.
VOTE:
ALL VOTED AYE
b) City Attorney Jon Henning read the Resolution by title.
V/M Massaro MOVED the adoption of Temp. Reso. #2921 approving
and accepting the bill of sale from Lennar Homes, .Inc. for
the water distribution and sewage collection system improvements.
SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
34. F & R Request For Meter - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by
Consent on Page 1. TABLED to
recessed meeting of 11/17/83 at
11::30 A.M.
City Attorney Jon Henning stated that Council has agendized this
item, and it will be heard at 11:30 A.M. on Thursday, November 17,1983
at a recessed meeting.
-,in- 11/9/83
2. Burglar Alarm Review Committee - Temp. Reso. #2907 - Dis-
cussion and possible action to appoint five members to
this committee.
SYNOPSIS OF ACTION: Appointments RESOLUTION 14O. R-83- PASSED
made, with terms to expire on
May 11, 1984: Allan Bernstein,
Irving Haymes, Abraham Hahamovitch,
Sydney Brumberger and Herman Larry Bender
City Attorney Jon Henning read the Resolution by title.
Mayor Falck asked for nominations for this committee.
V/M Massaro said she would nominate Irving Haymes, Allan Bernstein,
Abraham Hahamovitch, Sydney Brumberger and Herman Larry Bender.
C/M Kravitz said he has interviewed all the applicants for the
Burglar Alarm Review Committee and would nominate Allan Bernstein,
Sydney Brumberger, Alfred Robbins, Herman Larry Bender and
Sidney Goldstein.
There were no further nominations and Mayor Falck requested that
the vote be taken.
C/M Stelzer
C/M Krantz
C/M Kravitz
Alfred
Robbins
Sydney Brumberger
Allan
Bernstein
Sidney
Goldstein
Allan Bernstein
Sydney
Brumberger
Herman
Larry Bender
Herman Larry Bender
Alfred
Robbins
Sydney
Brumberger
Irving Haymes
Herman
Larry Bender
Allan Bernstein
Abraham Hahamovitch
Sidney
Goldstein
V/M Massaro
Herman Larry''Bender
Sydney Brumberger
Abraham Hahamovitch
Allan Bernstein
Irving Haymes
Mayor Falck
Allan Bernstein
Irving Haymes
Abraham Hahamovitch
Sydney Brumberger
Herman Larry Bender
V/M Massaro MOVED the adoption of Temp. Reso. #2907, appointing
members to the Burglar Alarm Review Commitee consisting of
Irving Haymes, Allan Bernstein, Abraham Hahamovitch, Sydney Brumberger
and Herman Larry Bender, with terms to expire on May 11, 1984.
SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
29. Cit Council Re orts
C/M Krantz reported that he has received a request from the
Veterans Alliance for a better July 4th celebration this year.
He said the neighboring cities have big celebrations on Independence
Day with parades and fireworks, and an affair of that type must
be planned almost a year in advance. He said he would request
that the Mayor appoint a committee to study the matter to determine
whether it is feasible for the City to have a celebration of that
type.
Mayor Falck said this subject has come up many times and he has
always indicated to the various groups to develop a plan and if
one is presented, he would be happy to review it and present
it to Council. However, if it is preferred that a committee
be appointed, he would have no objection.
C/M Krantz said he would request that a committee be appointed
as the Veterans Alliance Group would prefer something official
from the City; not necessarily City involvement, but at Least
City planning.
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li/9/83
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C/M Kravitz said he would have no objection
he recalls that the Veterans Alliance Group
Council previously, and it was aareed that
would match any monies they raise, up to
$1,500.00.
to that, but
were before
Council
an amount of
Mayor Falck explained that this occurred last year. He
said he has no objection and will work out the details.
C/M Stelzer - No report
C/M Kravitz - No report.
V/M Massaro reported that the first meeting with the County
was held yesterday in connection with the project relating
to widening University Drive. She said there will be many
meetings before anything definite happens, but she feels
the City is off to a good start. She reported that Rep. Tom
Gustafson showed an interest in this project and has indicated
that he will assist the City of Tamarac and be as helpful
as possible. V/Pd Massaro said a lot must be accomplished
before she will be able to provide Council with details
as Rep. Gustafson suggests this project be low --keyed for
the time being to give the City of Tamarac an opportunity to
be on sound ground.
V/M Massaro reported that she has spoken to the Director of
the Saw Grass Expressway as well as the Director of Transportation
and she is hopeful that the expressway will pick up the ex-
tension of Commercial Boulevard.
C/M Krantz inquired whether the funding for the project
would come from the State or the County; and V/M Massaro
said it would be State funding.
V/M Massaro said that discussions were initiated in connection
with Nob Hill Road. She has informed Mr. Marty Riefs .
the County summary indicates that the monies paid to the
County for impact fees will be used to widen an existing four
lane highway to six lanes. She said she will request that
Mr. Riefs go to the County along with the City of Tamarac,
to request that these funds be used to open up two lanes
so that Nob Hill Road will connect with the Sunrise road where Nob
Hill Rd. continues as to use those monies to widen an already
existing road to six lanes that lead nowhere does not make
sense, She is hoping to get at least two lanes in at McNab_,_Road.
V/M Massaro said she has also discussed the bikeway path at
57 Street at 88 Avenue and it appears that there is a
possibility of accomplishing this. It has been indicated
that the City should contact certain individuals in the
Transportation Planning Division who are responsible for
development of the bikeway program and it is felt they
could assist the City in this project. The Department of
Transportation have indicated that they will participate in
the review of alternative designs with respect to the approach
to the signalized intersection at NW 57 Street at 64 Avenue.
'C/M Krantz inquired about the sidewalk project at Southgate
Boulevard.
V/M Massaro said that regarding the sidewalk project at Southgate
Boulevard, Mr. Tim Taylor has been on vacation and upon
his return, she will contact him regarding changing the
location of the proposed substation in order to avoid
dividing the park area. She said she would prefer to
move the substation closer to 88 Avenue, .leaving seventy --five
feet from the corner for landscaping and a sign, "Entrance to
Tamarac". If FP & L approve the suggested change, she will
request they put in the sidewalk immediately. She said the City
:SPA:
11/9/83
/rb
J
could then install the rest of the sidewalk, and she was hoping
she could get the County to install it if the City of Tamarac
pays for the material. So far, there is nobody who is willing
to do it.
C/M Krantz asked whether that would be a five-foot sidewalk
or an eight -foot sidewalk; and V/11Plassaro said the sidewalk
would have to be five -feet. She said the substation would take
up approximately 800 feet and that would cost a lot of money.
31. City Attornev Report
Mr. Henning reported that the City has paid the court registry
$150,000.00 for the use of the Sludge Farm. Reimbursement
will be received from the City of Lauderhill for their share of
the payment. Ile said the City has started to clear the right-of-way
for new access to the Sludge Farm, under the court documents,and
that is progressing.
The City Attorney reported that he distributed to Council yesterday,
a report relating to eleven proposed amendments that the Charter
Board has put together. A special meeting has been called by
the Charter Board for 3:00 P.M. today for further discussion of
those amendments. Ile said when Council has the opportunity to
review the amendments, he would ask that they feel free to
contact him as Council will need to have a public hearing within
the next thirty days on those amendments.
Mayor Falck stated that he is planning to officially announce
that there will be a Special Council Meeting at 10:00 A.M. on
Monday, November 21, 1983 for the purpose of reviewing those
amendments.
30. City Manager Report - No report
29. City Council Re orts
Mayor Falck reported that last week he was at the Area Agency
in connection with a few matters and while he was there, they
received a notice that their health insurance would be increased
by $40.00 per employee and $115.00 for dependent coverage per
employee. He said he was requested to go to Orlando last Thursday
to review what the health Trust was going to be required to do
in order to be able to continue to pay claims. The City's claims
have increased tremendously over the last three or four months
and the report made by Judy Deutch has indicated that during the
last month alone, $40,000.00 to $50,000.00 was lost, which indicates
that the City paid out that much more money than was received in
premiums.
Mayor Falck reported that while he was in Orlando, he found
the City's plan was reviewed by an actuary. Ile said he agreed
with some of the actuary's proposals, but not all of them.
Ile said he was . able to get them to apportion the increase
that is required based upon the experience of the last twelve
months, which means that the City will probably be on the lower side
of any rate increases that will take effect on January 1, 1984.
The Mayor said he will be in Orlando again this Friday, to finalize
the rate structure that will be impleme—ed -on Janury 1, 1984.
C/P!I Krantz reported that there will be a Veterans Day celebration
this Friday in Tamarac Park at 10:00 A.M. and everyone is invited
to attend.
THE MEETING WAS ADJOURNED AT 3:45 P.M.
ATTEST:
�2
ASSISTANT CITY -CLERK
n
CITY" 1A Ak AC
APPROVED AT MEETING OF / 3
City Clerk
This public document was promulgated at a cost of $467.45or $12.87
per copy to inform the general public and public officers and
employees about recent opinions and considerations by the Council
of the City of Tamarac.
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