HomeMy WebLinkAbout1983-12-26 - City Commission Regular Meeting MinutesQF ..... rq
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P n. Box 25010
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARA.C, FLORIDA.
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, DECEMBER 28, 1983
CALL TO ORDER: 2:00 P.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.
PRESENTATION
1. Robert S. Sokol - Presentation of a Certificate of Apprecia-
tion in honor of Robert S. Sokol's many contributions to the
City of Tamarac.
BOARDS AND COMMITTEES
2. Recreation Board - Temp_._Re_so._#2890 - Discussion and possibl
action to appoint one member to this board (tabled from
11/9/83).
3. Investment Advisory Committee - Announcement of vacancies on
this committee.
If anyone is interested in serving on this committee, please
contact the City Clerk's office for an application.
CONSENT AGENDA
4. Items listed under Item #4, 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 10/20/83 - Special Meeting - Approval re-
commended by City Clerk.
b) Minutes of 11/9/83 - Regular Meeting - Approval recommend-
ed by City Clerk.
c) Minutes of 11/14/83 - Reconvened Regular Meeting -
Approval recommended by City Clerk.
d) Minutes of 11/21/83 - Reconvened Regular Meeting -
Approval recommended by City Clerk.
e) Minutes of 11/23/83 - Regular Meeting - Approval recommen(
ed by City Clerk.
12/28,Pg.1
Presentation to
Mrs. D. Sokol.
12/28,
HELD for recon.
ntg. 1/3/84-
12/28,
HELD for recon.
mtg. 1/3/84.
12/28,Pcs.23,24
APPROVED a)
through f ) , h )
through m),o)
and p),Item g)
held up pending
monthly report
or pers.appear.
and report on
this year's
grants.
Item. n) REMOVED
and then
APPROVED
PAGE
TWO
f) Alan F. Ruf . Consulting City Attorney - 12/23/83 -
$1,728.00 -, Approval recommended by City Attorney.
g) Mitchell Ceasar - Grants Consultant - Retainer for
December, 1983 - $1,250.00 - Approval recommended by City
Manager.
h) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
12/5/83 - Project 2088-0, Statement 1 - $12,505.85 -
Approval recommended by City Engineer.
i) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
12/7/83 - Project 1710-10, Statement 3 - $438.00 - Approval
recommended by City Engineer.
j) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
12/8/83 - Project 1724-1, Statement 1 - $14,950.00 -
Approval recommended by City Engineer.
k) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
12/8/83 - Project 1710-8, Statement 7 - $518.50 - Approval
recommended by City Engineer.
1) Shailer, Purdy & Jolly - Counsel for contraband forfeitures
Services for November, 1983 - $375.38 - Approval recommend-
ed by City Attorney.
m) Edna L. Caruso - Counsel for City of Tamarac vs. Leadership
Housing - 12/14/83 - $1,356.91 - Approval recommended by
City Attorney.
n) Authorization for the City Manager to go to bid for micro-
filming certain Building Department documents and plans.
o) Authorization for a Cookie Sale by the Broward County Girl
Scout Council February 3-16, 1984, and waiver of Chapter
22 of the Code governing "Solicitors and Canvassing".
p) Proposed Sister -City Agreement with Kiryat Tivon - Approval
to remove this item from the table.
GENERAL ADMINISTRATION/FINANCIAL
5.
K.JrZat Tivon - Temp. Reso._ #2969 - Discussion and possible
12/28,HELD for
action to authorize the appropriate City officials to execute
reconv.mtg. of
a Sister -City Agreement.
1/3/84.
12/28,1IELD for
6. Investment Committee Report/Recommendations - Discussion and
possible action.
reconv.mtg. of
1/3/84.
7.
Pension Fund Investment - Temp. Reso. #2975 - Discussion and
12/28,Pgs.22-23
possible action to designate an agent.
APPVD.
12/28,pgs.10-12
8.
Utilities West - Authorization for Williams, Hatfield & Stoner,C/Mgr.auth.to
Inc., to prepare specifications for a dome and scrubber unit.
engage Wlms.,
tfd.Stoner
9.
Utilities East - Authorization for Williams, Hatfield & Stoner,l2/28,Pgs.12-14
Inc., to review the possibility of an east side water supply.
Auth.up to
$5,000.00.
10.
Broward League of Cities Business - Discussion and possible
12/28,HELD for
action.
econ.g , mtg . of
1/3/84.
PUBLICHEARINGS- 5:05 P.M.-
11.
Residential Zoning Regulations - Temp. Ord. #1050 - Discussion
2/28,Pg•26
and possible action to amend Section 28-27.2 of the Code by
Pub.Eear.11eld
revising the Table of Miscellaneous Residential Zoning Require-
APPVD.on Sec.
ments to provide a new portion titled "Maximum Plot Coverage"
& Final Readinc
(for all impervious areas) and providing for maximum percentage
of coverage on all lots. Second Reading.
PAGE
12. Business Uses - Temp. Ord. _#1067 - Discussion and possible
action to amend Section 28--171 of the Code by clarifying the
setback requirements of delicatessens, restaurants and dining
rooms in commercial centers. Second Reading.
13. Tempora_ry__Model, Sales and Administrative Uses - Temp. Ord.
#1068 - Discussion and possible action to amend Section 28-216
of the Code to include specific requirements for permitting
the construction of temporary commercial enterprises located
in commercially zoned parcels of land. Second Reading.
14. Bikeways - Temp. Ord. #1069 - Discussion and possible action
to amend Chapter 23 of the Code by adding a new Section 23-29
titled "Bikeway Requirements". Second Reading.
15. Bonaire Associates, Ltd. - Rezoning_ Petition #21-7-83 - Temp.
Ord. #1082 - Discussion and possible action to rezone Re-
creation Area #2 for Westwoods of Bonaire situated on the east
side of NW 80 Avenue, between NW 78 Street and NW 75 Street,
from R-3U (Low Density Multiple Dwellings) to S-1 (Open/
Space Recreational). First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of Mail-
ing and Affidavit of Posting.
b) Consideration of application.
16. Subwa_a�andwi ch Shop _ Special Exception Petition #22-_Z-83 -
Temp. Reso. #2976 - Discussion and possible action to permit
the operation of a restaurant in Bay 8 of 3 Lakes Plaza at
4601 NW 31 Avenue, which is zoned B-2 (Planned Business).
17. Lakes of Carriage Hills, Inca - Rezoning Petition #3-Z-82 -
Temp. Ord. #1081 - Discussion and possible action to rezone
lands at the northeast corner of Rock Island Road and Sabal
Palm Boulevard East, extending north toward Bailey Road
approximately 155-feet and eastward approximately 435-feet,
from S-1 (Open/Space Recreational) to B-1 (Neighborhood
Business). First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of Mail-
ing and Affidavit of Posting.
b) Consideration of application.
LEGAL AFFAIRS
18. Proposed Charter Amendment - Temp. Ord._#,k1083 - Discussion
and possible action on a proposed amendment to the Charter to
provide for revenue and improvement bonds and lease purchase
agreements without a referendum.
19. 1984_Municipal Bonds - Discussion and possible action on
municipal bonds to be issued by the City:
a) Bonds for financing municipal complex, establishing refer-
endum question and date of referendum - Temp._ Ord.#1.084.
b) Bonds for financing capital improvements to accommodate
plans for wastewater treatment, establishing referendum
question and date of referendum - Temp. Ord._ #_1.085.
20. Proposed Facility for Public Works De artment - Discussion
and possible action. tabled from 2/9/83 .
21. Capital Improv_emen_t_Expenditures from Recreation Fund - Legal
opinion from the City Attorney. Discussion and possible
action.
22. Swales_ - Temp. Ord. #1086 - Discussion and possible action to
amend Ordinance 83-37 and Chapter 23 of the Code regarding
placement of certain objects within this area. First Reading.
23. Bonding Requirements for Off -Site Improvements - Temp Ord.
#811 - Discussion and possible -action. (Public Hearing held
10/22/80) (tabled from 11/30/81).
THREE
12/28,Pg.27,
28,Pub.Hear.
Held.APPVD.on
Sec.& Final
Reading.
12/28,Pg.28
Pub.Hear.Held
TABLED to rec,
mta.of 1/3/84.
12/28,Pg.29
Pub.Hear.Held
APPVD. as Am.
2nd & Fin.Rd.
12/28,Pgs.29,
30.a)Affid.
ACCEPTED.b)
Pub.Hear.Held
APPVD.on First
Reading.
2/28,Pg.30,
ub.Dear Held.
PPROVED
2/28,Pgs.30
o 33.a)Affid.
CCEPTED.b)
ub.Hear.Held.
.PPVD . on First
eading.c)
gen.by Cons.
n Pg. 1,
ABLED to mtg.
f 1/25/84.
2/28,Pg. 1-2.
%PPVD.on First
eading;to be
laced on
3/13/84 ballot
2/28,Pgs.3-10
HELD for
econv.mtg. of
1/3/84.b)Auth.
o C/Atty.to
prepare Reso.
for bonds;not
for 3/13 elec.
12/28,HELD for
econv.mtg.of
1/3/84.
12/28,11ELD for
econv.mtg.of
l 3 84.
12/28,HELD for
reconv.mtg.of
1/3/84.
12/28,HELD for
reconv.mtg.of
1/3/84.
J
PAGE FOUR
24. Tamarac Town S uare - Temp. Reso_. #2938 - Discussion and pos- 12/28,Pgs.20
sible action on amended Stipulation #15 (tabled from 12/1/83).& 21,APPVD.
COMMUNITY DEVELOPMENT
25. Woodmont Tract 72-C Pineapple
action to approve a parking lot
(to be located at the northwest
NW 70 Street).
Park) - Discussion and possibl
lighting plan.
corner of Nhl 80 Avenue and
26. Golfview Plaza - Temp. Reso._#_2977 - Discussion and possible
action to authorize execution of a Four -Party Agreement with
Broward County, City of Fort Lauderdale and Executive Golf
Apartments, Inc., regarding development of this project.
27. Woodmont Tract 54 Pines III) - Model Sales Facility - Dis-
cussion and possible action to renew a permit for the use of
a model sales facility at another location.
12/28,Pg.20.
APPVD.subject
to accept.by
Building Dept.
12/28,1IELD for
reconv.mtg.of
1/3/84.
12/28,Pg.21,
APPVD.for 6
mos.fr.1/8/84
28. Edoewater Village - Model Sales Faci_1i - Discussion and pos-12/28,Pg.15
sible action to approve relocation of the model facility and APPVD.to ex -
waiver of the distance requirement for certificates of pire 3/12/84.
occupancy.
29. Woodmont Street Designations - Temp. Re_so_.#2978 - Discussion
and possible action to authorize Broward County to install
street signs with dual name designations on certain streets.
30. Family Mart - Performance Bond - Status report by the City
Engineer concerning a performance bond posted for correction
of deficiencies. Discussion and possible action.
31. Tamarac Gardens - Model Sales Facility Discussion and pos-
sible action to renew a model sales permit.
32. Ashmont/Kin s Point - Model Sales Facil ly - Discussion and
possible action to renew a permit for the use of a facility
at another location.
33. Exxon Service Station - Discussion and possible action on:
aYSite Plan - Temp. Reso. #2931
b) Landscape Plan
c) Water and Sewer Developers Agreement
d) Water Retention Agreement
e) Utility easement for fire hydrant - Temp. Reso. #2932
f) Warranty deed for additional right-of-way on NW 88 Avenue -
Temp. Reso. #2933
(to be located at the southwest corner of Southgate Boulevard
and NW 88 Avenue) (tabled from 12/14/83).
34. Bishop Tracts - Discussion and possible action on:
a Tract 26 located on the west side of NW 88 Avenue, south
of NW 81 Street)
1) Development Order - Temp. Reso. #2941
2) Plat - Temp. Reso. #2934 _
3) Development Review Agreement
4) Development Agreement -- Temp_._ Reso. #2935
b) Tract 31 (located on the west side of NW 88 Avenue, north
and west of NW 77 Street)
1) Development Order - Temp. Reso. #2942
2) Plat - Temp._ Res_o.#_2.9.39
3) Development Review Agreement
4) Development Agreement - Temp. Reso. #2940
(tabled from 12/6/83)
35. Village Mall (formerly Rum Runner) - Discussion and possible
action to approve a landscape plan (tabled from 12/14/83).
36. Spyglass - Revised Site Plan -
and possible action
addition to Unit 19A
12/14/83).
to approve
located at
Temp. Reso. #2930 - Discussion
a revised site plan for a room
6541 NW 99 Avenue (tabled fro
12/28 , FIELD fo.�
reconv.m.tg.of
1/3/84.
12/2 8 , FIELD fo.
reconv.m.tg.of
1/3/84.
12/28,Pg.21
APPVD.for 6
mos.from
1/27/84.
12/28,Pg.21
APPVD.for 6
mos. from
1/31/84
12/28,Pgs.16
through 20.
a) APPVD.w/
Cond. b)Land
.
Plan to be
appvd.by
Beaut.Comm.&
return to
Councils)
APPVD.as Amen
d) ,e) ,f)APPVD
12/28,HELD
for reconv.
mta.of 1/3/84
2/28,Pg.21
PPROVED.
12/28,Pg.15
APPROVED
37. Chapman Warehouse - Discussion and possible action on:
a Revised site plan for paving and building improvements
Temp. Reso. #2965
b) Water Retention Agreement
(tabled from 12/14/83).
38. Woodmont Tract 59 - Performance Bond - Temp. Reso. #2952 -
Discussion and possible action to call a performance bond
posted for public improvements (tabled from 12/14/83).
PAGE FIVE
12/28,Pg.22
- a) and b)
APPROVED
39. Colony West Country Club - Discussion and possible action on
a) Calling of�a performance bond posted for public improve-
ments by Temp. Reso. #2954
b) Traffic Liaht Agreement
(tabled from 12/14/83)
40. Fairways III - Warranty Bond - Temp. Reso. #2955 - Discussion
and possible action to call a warranty bond posted for public
improvements (tabled from 12/14/83).
41. Lakes of Carria e Hills - Discussion and possible action on:
a Renewal of a model sales permit for a facility located at
6180 Rock Island Road (tabled from 12/14/83)
b) Performance bond posted for the lakes and uncompleted
improvements for Phase I.
42. Drainage Improv_eme_n_ts in the City - Discussion and possible
action.
REPORTS
43. City Council
44. City Manager
45. City Attorney
Piiai TC HEARINGS - 2.00 P M - Januar 3 1984
46.
Optional Type Design Walls - Temp. Ord. #1070 - Discussion and
possible action to amend Section 6-12 and 6-45 of the Code to -
permit construction of precast concrete panels as an alterna-
tive design to solid masonry walls. Second Reading.
47. Candidate _-for _Office of Mayor or Councilmember - Temp. Ord.
#1079�- Discussion and possible action to repeal Ordinance
76-33 by removing the requirement for filing of nominating
petitions by candidates. Second Reading.
48. Sodding of Canal_ Banks - Temp. Ord. #1080 - Discussion and
possible action to amend Section 24-34 of the Code pertaining
to canal bank sodding bonds and inspections. Second Reading.
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
THE MEETING OF 12/28/83 WILL RECESS APPROXIMATELY 6:00 P.M. AND RECONVENE AT
2:00 P.M., TUESDAY, 1/3/84.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
12/28,HELD foz
reconv.mtg.of
1/3/84
12/28,Pg.22
a)APPVD.Bond
to be called
if not ext.by
12/30/83. b)
HELD reconv.
mtg.of 1/3/84.
12/28,Pg.1,
REMOVED tr.Ag.
12/28,Pg.33,a)
Permit ext.to
1/25/84.b)
TABLED to
mtq.of 1/11/84
2/28,HELD for
tci.of 1/3/84
2/2 8 , FIELD for
tg.of 1/3/84.
2/28,11'ELD for
.tg.of 1/3/84.
2/28 , FIELD for
tg.of 1/3/84.
HELD for rec.
mta. 1/3/84.
HELD for rec.
mtg. 1/3/84.
FIELD for rec.
mtg. 1/3/84.
L_
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
DECEMBER 28, 1983
Tape CALL TO ORDER: Mayor Walter W. Falck called the meeting to
1 order on Wednesday, December 28, 1983 at 2:00 P.M. in Council
Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice Mayor Helen Massaro
Councilman Philip B. Kravitz
Councilman David E. Krantz
Councilman Jack Steller
ALSO PRESENT: City Manager, Laura Z. Stuurmans
City Attorney, Jon M. Henning
Assistant City Clerk, Carol A. Evans
Secretary, Roslyn Brauner
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a
Moment of Silent Meditation followed by the Pledge of Allegiance.
17 c) Lakes of Carriaqe Hills, Inc. - Rezoning Petition #3-Z-82 -
DeclarationofProtecti.ve Covenants and Restrictions.
SYNOPSIS OF ACTION: Agendized by
Consent. (See Page 30).
V/M Massaro MOVED to Agendize by Consent, the Declaration of
Protective Covenants and Restrictions. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
40. Fairways III - Warranty Bond - Temp.,Reso. #2955 - Discussion
and possible action to call a warranty bond posted for public
improvements (tabled from 12/14/83)
SYNOPSIS OF ACTION: REMOVED from
Agenda as bond was extended to 1/31/84.
V/M Massaro 140VED that Item 440, Temp. Reso. #2955, be removed
from the agenda. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
1. Robert S. Sokol - Presentation of a Certificate of Appreciation
in honor of Robert S. Sokol's many contributions to the City
of Tamarac.
SYNOPSIS OF ACTION: Presentation
made by Mayor Falck to Mrs. Diane Sokol.
Mayor Falck presented a Certificate of Appreciation to Mrs.
Diane Sokol in honor of Robert S. Sokol's many contributions
to the City. The Mayor also presented to Mrs. Sokol, his notes on
the eulogy he delivered at the services held for Mr. Sokol
and thanked her for being present today.
18. Proposed Charter Amendment - Tem . Ord. #1083 -- Discussion
and possible action on a proposed amendment to the Charter
to provide for revenue and improvement bonds and lease
purchase agreements without a referendum.
SYNOPSIS OF ACTION: APPROVED on
First Reading, to be placed on the
ballot on 3/13/84.
City Attorney Jon Henning distributed to Council, a new draft
of the Ordinance. He said this item was discussed by the Charter
Board as a proposal for a Charter Amendment, and they chose not to
-1- 12/28/83
/rb
include this in their recommendations.
Mr. Henning said there was a Charter Board meeting and the
only additional question that will be on the ballot that
Council did not approve is the question on the reduction
from 2-1/2a to 1-1/2% of the budget as a ceiling for capital
spending without referendum approval.
The City Attorney said in working with C/M Stelzer, the question
came up as to whether or not the City could take advantage of
the statutory provision to authorize municipal bonds for
revenue or improvement purposes without a referendum. He said
this would affect two sections of the City Charter, Section 7.13
and Section 7.16 and those are the two sections that are in this
Ordinance.
Mr. Henning said that basically, the third type of bond besides
the municipal revenue bond and municipal improvement bond,
would be the ad valorem bonds and those are the bonds that
everyone is most familiar with. An ad valorem bond would be
required for the City Hall and Police Facility construction
and that is not the type of bond which is being referred to in
this Ordinance.
City Attorney Henning said these bonds are not paid back by
ad valorem taxation. They are paid back either by assessments
to a special group such as the pipeline assessment being
considered for Southgate, which will not be bonded because it
is not that big a project. There could be a Land Section 7
project for canals or pipes and that would be a special assessment
bond; or it could be a revenue bond that would be paid back from
revenues such as utility revenue or some revenue other than
ad valorem taxes.
Mr. Henning said it is expected that if these bonds are to be
approved even if there is no referendum, Council will .study
it and there will be a Bond Counsel. and experts examining the
issue. The ceiling that was recommended is 1-1/2 times the
General Fund budget for a maximum as to what this bond issue could
be. He said the second part of this would be the lease purchase
agreements. Those agreements would be for anything from an
electric typewriter to computer equipment and maybe even a police
car. Usually, they are small amounts and the State has been of
the opinion that past the fiscal year, any commitment <
for funds is a form of borrowing. Ha said for that reason, they
Finance Director has cancelled any lease purchase agreement in the
last few years and asked for 1/2% of the budget as authority for
an annual lease on various items,which would be about $50,000.00
a year and perhaps less.
C/M Stelzer said this is really aimed at the bonds the City
will need for the wastewater treatment plant to get away from
the 201 Plan and the eventuality that improvements will have to
be made to Land Section 7. These are the two projects Council
had in mind when this particular amendment was discussed.
C/M Stelzer MOVED that Temp. Ord. #1083 proposing an amendment
to Section 7.13 and 7.16 of the City Charter, be placed on the
March 13, 1984 ballot. SECONDED by C/M Krantz.
Mrs. Vickie Beech, Chairman of the Legislative Committee of the
Concerned Citizens,read a letter from the Concerned Citizens,
opposing this amendment as they feel this proposed amendment is
vague and removes the right of referendum on the issue of whether
or not capital improvements are necessary.
VOTE: ALL VOTED AYE
-2- 12/28/83
/rb
19. 1984 Municipal Bonds - Discussion and possible action
on municipal bonds to be issued by the City:
a) Bonds for financing municipal complex, establishing
referendum question and date Of referendum -
�e�rtp:-9--$�8$ - Temp. Reso. #k2979.
b) Bonds for financing capital improvements to
accommodate plans for wastewater treatment, establish-
ing referendum question and date of referendum -
�ex��:--erd;-$9$� - Temp. Reso. #2980.
SYNOPSIS OF ACTION: a) HELD for
reconvened meeting of 1/3/84.
b) Authorization given to City
Attorney to prepare Resolution
for revenue bonds for 201 Expansion,
and that it not be for 3/13/84 election.
a) and b) City Attorney Jon Henning said there are no Ordinances
at this time, since research has indicated that Resolutions
are all that is necessary to establish these items. Fie said
the City Manager, Alan Ruf and he would like to discuss these
items and then,depending upon the outcome of the discussion,
the appropriate Resolutions will be prepared for the referendum
date and for the question.
Mr. Henning said there are two questions before the Council
in the a) and b) portions of this item. The a) portion is the
bond financing for the municipal complex, which is the Police
Station and the City Hall. 1--He said staff would like Council to discus
whether or not that referendum question for the bonds should be
for the March 13 election or an early May election, or some
other election,'so staff will know how to move forward with
the presentation and Resolution for the ad valorem municipal bonds
for the complex.
The City Attorney said the b) portion has to do with the capital
improvements for the wastewater treatment, or the required 201
expansion, which will require a
revenue bond. , Fie said it must be determined if that bond
question should be on the March 13th election, an early May
election or some other election. Staff is asking Council to
discuss the priorities in these two issues, the pros and cons of
having both issues at the same time or different times, and just
how soon staff should move forward on this. Mr. Henning said
they are both obviously important, but the question is whether to
move immediately, soon or at some later date. Ile said
the Resolutions, are not a problem, lnut the dates and other
details need to be known before they can be written.
Mr. Henning suggested the Agenda be corrected as Ordinances
will not be necessary, and Resolutions will be presented
at a future meeting.
Mayor Falck suggested a Motion be made to that effect; and
C/M Kravitz said he would so MOVE. SECONDED by C/M Stelzer.
VOTE:
ALL VOTED AYE
Mr. Alan Ruf, Consulting City Attorney, said he has been working
with Mayor Falck for almost three years on the 201 Program of
wastewater disposal for the City of Tamarac.
The County has finally allowed the City of Tamarac to dispose oftreate
wastewater by way of golf course distribution.
Fie said in September or October of this year,
the City Council made a commitment to a program outlined by
Williams, Hatfield & Stoner for the preparation of prelimin.�Lry
engineering drawings to implement the program as approved by
the City's consultants and by Broward County.
-3- 12/28/83
Mr. Ruf said that as late as last week, additional approvals
were received from Broward County to go forward with this
program and they have specified a time period in which to
acromnlish this. Fie said ,the cost of implementing this Proaram has
been estimated to be from 10 to 14.5 million dollars,
and staff is convinced that this is less money than it would
have cost to participate in the north regional plant. He said
the western interceptor will not be built and the only other
potential that isforeseen at this moment would be to join
John Lomelo's west regional program which the consulting
engineers indicate would be more expensive than if the
City went on their own.
Mx. Ruf said Williams, Hatfield & Stoner and he are optimistic
that the City's project has a priority for a Federal grant
because it is a unique treatment and is a treatment which is
now in favor by both the Countv and the South Florida
Water Management District.. He said 'Tamarac will have the onlv
facility in Broward County that conserves water by putting water
back into the system; everybody else is either pumping it out to the
ocean or. dropping it down through the aquifer. Mr. Ruf said
it is felt that the system that has been developed and approved
by the County is one which will be highly favorable to the
consumers in Tamarac, and will get a high priority in Federal
granting.
Mr. Ruf said the program is now subject to approval at a
referendum election by the electors of the City of Tamarac, as
it has been approved by the County and the City. The City
has authorized the engineering studies to go forward and
now the electors will be asked to approve this program for the
City of Tamarac. i?e said the City will be asking for approval
of the expenditure of either ten million dollars, plus or
minus, for one phase which will meet Tamarac's needs through
1992; or for a bond issue of 14.5 million dollars which would
take the City through the year 2000, and then an additional
referendum would not have to be held in 1992.
Mr. Ruf said it is his opinion that this particular referendum
is of major importance; in fact, it is as major as the purchase
of the utility itself. He said with that thought in mind, as
well as the three years of work that has gone into the planning
of this proposal, it would be his recommendation that the
referendum be held as soon as possible, since the Federal
government has moved up its granting process. The City's
consultants have today advised that the City should be in a
position to match Federal funding no later than August 15, 1984.
City Manager Stuumans inquired about the split basis of the
Federal endowment to the City. Mr. Ruf said it would be
55/45 unless the Cite receives some_bonus points for innovative
technology to which the City should be entitled. In that case,
it might be as high as 75/25.
The City Manager said that due to the representation in the
audience, it would be important to indicate , as the City
approaches the stage of referendum, while the total cost
of the project might reach 14.5 million dollars for both
phases, there is a possibility if the City is prepared by
August 15, to get that type of rebate from Federal funds.
Mr. Ruf said that staff has always felt the technology
that has been built into this program would be looked at
favorably by the federal officials and the State officials.
Everything that has been heard up until this moment, including
a salutory recommendation from the B.C.Q.C.B. last week
would seem to indicate that the City is on the right track.
Mr. Ruf stated that the legislators must now decide whether
or not the City will in fact, provide the referendum for the
first phase or the first and second phase, and when that
-4- 12/28/83
/rb
referendum should come before the people. He said it would
seem obvious that the two potential dates would be March 13
or an election to be held early in May, before the people
return to their homes in the north.
Mayor Falck said he would like to make a few observations in
connection with the statements made by the Consulting City
Attorney, as Council designated Mr. Ruf some time ago to be
the coordinator of this program.
The Mayor said that firstly, Council must make a determination
as to what the priorities are. He said there is no question in
his mind that priority #1 is the 201 wastewater program.
He said Council is still discussing the proposed City Hall and
Police Facility and he is not discounting the importance of
those issues. However, if the City must wait awhile for the
Police Facility, that can be done. If additional space must
be found somewhere for City Hall operations, that too can be
done. The Mayor said that he does not know of a single
solitary resolution of the problem of wastewater treatment
other than what is now being proposed. Fie said the County has
already indicated that the west interceptor line will not be
built and the City has known for some time now that Plantation
and Gulfstream will go their own separate ways. In addition,
Sunrise has arranged for their own facilities and therefore,
Tamarac is alone and must determine what must be done.
Mayor Falck said about two and a half years ago he became
concerned when he read the detailed analysis put out by the
various consultants for the benefit of the County, relating to
wastewater disposal in the west areas of the County. He said
he became concerned because all he saw was a high cost to the
residents of Tamarac and a much lower cost for surrounding
municipalities. He said he did not feel at that time, nor does
he feel at this time, that he could go to the general public
and sell that concept. He said he feels Tamarac entered the
County 201 plan in good faith and the City was one of the
first to enter into an agreement with the County.
The Mayor said there is an alternate plan that has been developed
by the consulting engineers who are working with other experts in
the field, and that is the spray irrigation method. lie said
last Thursday, he had the opportunity to present this
matter to the B.C.Q.C.B. Board in connection with a variance
request that Tamarac made, to at least continue with the present
facilities until this is worked out. At the conclusion of that
presentation, the Mayor said one of the Board members commended
the City of Tamarac on their 'foresight in moving ahead with a
program that would enable the City to not only take care of the
needs of the residents, but to also help to improve the water
situation in South Florida. That individual also indicated in
his comments to the Board, and
to others who were in attendance, that he felt other municipalities,
especially those in West Broward, should follow the lead generated
by the City of Tamarac.
Mayor Falck said he would indicate to Council that as far as he
is concerned, the City's first priority is the 201 Plan. He is
also recommending to Council that a date . be determined,
for the referendum so this item can get before the public.
fie said when that has been accomplished, the Police Facility
and the City Hall Facilities can be taken care of. He said
he is personally convinced that the top priority should be'
the 201 Plan and a referendum should be set before one for any other
facility, such as Police, City Hall, or any of the other things
that have been discussed.
-5- 12/28/83
/rb
Mayor Falek set it is his recommendation in order for
the City to qualify for grant assistance which must be filed
no later than August 15, that the application be made. The
ultimate decision will rest with the people who grant the
funding and that will take place in August of 1984. The
Mayor said if this concept is not followed, or if the referendum
is defeated, the City will Jose the grant allocation
for the year, which begins October 1, 1984 and continues through
September 30, 1985.
Mayor Falck said Mr. Ruf has indicated that the
grant allocations at the present
time are 55% plus some additional funds for which the City
might qualify as this is an innovative process. However, using
the 55% figure, with 45% paid by the residents of Tamarac, he said
would seem to him far better than if the City had to pay
the entire 100%. lie said he is concerned that if this is
delayed and the funding for 1984-85 is lost, there would be
a problem, as he has noted that the grant funding has been
reduced each year and there is no way of knowing whether it will
be further reduced next year. He said he would,therefore,
recommend that the Council establish the 201 Plan as the
first priority and that all decisions made from now on relate
to that recommendation.
V/M Massaro asked whether the City can apply for the grant
before the referendum takes place; and the Mayor said that is
the intention as when this is finalized in August, the City
must show the Federal government that the City can handle its
share of the cost.
V/M Massaro said she feels the City should not consider joining
Sunrise as she has read articles in the newspapers about other
Cities who have joined Sunrise that. are complaining about
the rates they have to pay. She said she feels the City should
certainly go on its own; and the Mayor agreed.
The Vice Mayor pointed out that the City could not monitor a
program that is not its own and it is
her opinion this referendum should be in early May as time is
needed to inform the people properly as to exactly what the
situation is. She said she feels this should not be mixed with
an election and it should be an item on its own, as it is
important enough to put it on its own.
C/M Kravitz asked whether the approximate cost is known to
place this on referendum during the month of May; and the City
Manager said the cost would be roughly $13,000.00 for a
stand-alone election.
Mr. Henning said the question is just how much Council would
like put into this project. He said staff is certainly
willing to put into it all that is necessary. However,
possibly Council cronld like to put together some slides,
a videotape presentation or charts to explain to the people
just how important this is. If that type of presentation
is desired by Council, it would probably take until May to
put it together.
Mr. Ray Munitz said everyone knows that the figures quoted by
Mr. Ruf are gross figures. However, he is wondering whether
it is the intention to use the rebate to call in the bonds or whether
it would be used for another purpose.
City Manager Stuurmans said she is hopeful that the Council will
agree to employ a financial advisor at that time, so that staff
will know what to recommend to Council. She said in terms of
a rebate, she is talking about the Federal government participating
to a 55% level, or a 75% level.
-6- 12/28/83
/rb
Mr. Munitz said if the bonds are issued for the gross amount
he is wondering how the City would handle this when the funds
come in from the Federal government; and the City Manager
stated that the money is not received by the City in bulk.
Mr. Munitz stated that as long as the bonds are in force, the
City would continue to pay interest on them. Therefore,
the City would actually be building a cost beyond what is
necessary. Unless the rebate, as it comes in, is used to call
in the bonds, an unnecessary expense would be created.
Mrs. Stuurmans said the issue will not occur until there is an
actual need. Although the commitment date is August 15, the
issue might not be necessary for several months thereafter.
The City is using an upset figure and when 15 million dollars
is stated, the authorization would be up to that amount, which
would represent the full project amount.
Mr. Munitz said it is his understanding that would be the gross
amount without consideration of any rebate. However, there is
then the question of what to do with the rebate and this would
be a very big factor.
V/M Massaro said for the record, that the City does not pay
interest on what is not issued,and the City would not issue
more than is required.
Mr. Munitz said the bonds would be issued for the full amount
which would include the amount of rebate from the government,
and therefore, the City would
be paying interest on the total amount of the bonds.
Consulting City Attorney Alan Ruf stated that he thinks the
Council would authorize the 15 million dollars, but would
issue only the amount needed to cover the expenses. if for
some reason, the City had to issue an additional amount when the
Federal funds are received, that would be done.
Mr. Munitz said that indirectly this would accomplish the
same thing.
Mr. Munitz inquired whether the Resolution will indicate where
the municipal complex will be built.
Mr. Kenning said that will have to be determined. He said he
believes that the bond question on the City Hall will be phrased
to authorize bonds for ---- dollars for a complex on 88 Avenue.
Mr. Sydney Stein said he would disagree with the Vice Mayor as
to the date of the referendum as he feels it is imperative this
appear on the March ballot. He pointed out that by May half
of Tamarac's population leaves. He said in addition to that,
Council must recognize that if something as important as this is
placed on the May ballot, the public will be annoyed and the
result might be just the opposite of what is expected.
Mr. Stein said that everyone knows this problem exists, and
the sooner it is placed before the public while most of the
people are here, the better it will be. He said this is
the opinion of most of the people with whom he has discussed this
problem, as well as the problem of the municipal complex.
Mr. Henry Farbman, resident, said he is representing many of
the concerned individuals who live close to this plant.
He said there is a tremendous amount of odor. coming from this
wastewater treatment plant and there is a great concern regarding
the amount of pollutants which are permeating the air.
Mr. Farbman asked whether Council has been in touch with the
Environmental Protection Agency.
-7- 12/28/83
/rb
Tape Mayor Falck said he made a presentation last week to the
2 Environmental Protection Agency and they granted the City's
request for a variance until the problem is brought under
control.
The Mayor stated that he feels the City Manager is qualified
to discuss this and in fact, there are items on the agenda
today relating to this particular situation, which will be
discussed later. At this time, the discussion involves only
the referendum and the possibility of the installation of a
facility for spray irrigation.
City Manager Stuurmans stated that there is an item on the
agenda today relating to the purchase of a dome and air
scrubber. She said the problem of
the obnoxious odors from the plant would be eliminated
by this dome and air scrubber. She said this is a capital
acquisition to the plant which will improve the situation
that exists. This has been pending a decision at County
and Federal levels regarding Tamarac's 201 Program, which
is currently under discussion. She said since the City
has received the go-ahead for the spray irrigation system
that will be presented to the electorate, the City is now
in a position to purchase the dome and air scrubber
that will aid the current situation at the wastewater
treatment plant.
Mr. Farbman said.it is not known whether that will work
as various things have been done that did not work.
Mrs. Stuurmans explained that those were measures to hold
off the capital purchase, which is roughly $150,000.00.
Mr. F2.rbman said the residents are concerned with eliminating
the odors.
Mayor Falck stated that the City is not electing to change the
original plan presented by the County, which was to install
an interceptor line down University Drive
or Pine Island Road. The County now decided not to build it
and Tamarac now has nothing and is trying to utilize a
system that will present an opportunity for the City to
dispose of wastewater. The City has been spending the time,
the effort and the money to provide this system. He said
at this time, what is required is to modify the City's facilities
to conform with acceptable standards) and the City will now
move into the next stage at a cost of approximately $150,000.00,
City Manager Stuurmans stated that Mr. Farbman's concern,
is one of the reasons why Council must allow the time frame
necessary for an education program as to the City's intents
for the 201 Program, and why an early May date might be
preferable.
V/M Massaro said the election could be held the middle of
April, or perhaps another date. She just does not want this to
be mixed with the March 13 election.
b) City Attorney Henning suggested that Council direct staff
or him; to prepare a Resolution for a special election for
revenue bonds for the 201 Expansion; and that it not be for
the March 13 election. V/M Massaro said she would so MOVE,
and would add that the rest of the material that needs to be
added will be done at a later date as this is a preliminary step.
SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
-8- 12/28/83
/rb
a) Mr. Henning explained that these are ad valorem bonds for the con-
struction of anew City Hall and the Police Facility. He said
the City has a two year contract with the architects who have
Promised the City will be moved in and operating in about 22
months since the planning stages are already under way. The
City Attorney said the question is whether the bond question
should come up on the March election or whether it should be
in April or May and whether or not there are advantages or
disadvantages of having both issues together.
The City Attorney said he would caution Council that if this
is delayed too many months, there would be problems with the
planning stage,.
Mr. Henning stated that the Council must decide whether this
should be done in March at the General election, or in early May when
there might be a special election for the consideration -
of the 201 expansion, or possibly a third alternative should be
considered.
V/M Massaro said she feels it would be appropriate for Council
to spend some time thinkinq about this, and the item could come
up again at the January 3 reconvened meeting.
Mr. Lou Vladem, resident, stated that he feels this issue should
be included in the March 13 election, since Council had decided
to postpone the bond issue for the 201 Plan so that both items
will not be on the same ballot.
City Attorney Henning said he would mention that the City Council
and City Manager are not trying to hide anything by not putting
these two items together. The City is trying to be honest and
up front about this and lay all the cards on the table.
City Manager Stuurmans said that staff has discussed this and
the City Attorney has been very concerned as he did not want
to place one item on the March ballot and another on the late April
or May ballot because there would be a veil of subterfuge.
Mr. Sydney Stein said by putting the 201 expansion on a May ballot
and not saying the City Hall and Police Department will be
included at that time, would be the same subterfuge.
Mr. Harold H. Newman, resident, said it is his understanding that
Council proposes there be two elections for referendum purposes.
He said if the City spends $13,000.00 for a special election
and after that a decision would be made to hold still another
election, costing $13,000.00, the City would then be spending
$26,000.00 for that purpose. Ile said he would like some clarification
of this.
V/M Massaro said a decision was made to discuss this matter again
at the reconvened Council meeting of January 3, 1984.
City Manager Stuurmans said there will be a general election coming
up in March and staff feels that is too early for the utilities issue.
She said it may be a possibility for the City Hall issue. Staff is
recommending an April or May election for the utility issue.
Beyond that, this is a Presidential year coming up. There is
going to be conducted by Jane Carroll, elections,in September,
October and November and the costs are less if the City has one
issue on the ballot.
Mr. Sydney Stein said if both items are placed on the same ballot to
avoid the subterfuge, then Council has already specified they do
not want the 201 item on the March ballot. 'therefore, automatically
the City will have to place the City Hall and Police Facility item
on an April or May ballot as this cannot be on the March ballot
since the City does not want to split them.
--9-- 12/28/84
/rb
Mayor Falck stated that Council will continue the discussion
as relates to a) of this item, and try to finalize a date as
relates to b) when Council reconvenes on January 3, 1984.
8. Utilities West - Authorization for Williams, Hatfield & Stoner,
Inc., to prepare specifications for a dome and ;scrubber unit.
SYNOPSIS OF ACTION: Authorization given
to City Manager to engage Williams, Hatfield
& Stoner to prepare specifications, on an
emergency basis.
City Manager Stuurmans said this item was initially placed on
the agenda as a request to Council to authorize staff to work
with Williams, Hatfield & Stoner, to prepare bid specs.
Council had recognized the normal procedure to prepare design
drawings, which takes roughly 45 days, and could go to 60 days,
and then going toward the bid process would mean four or five
months time for the installation of this equipment.
Mrs. Stuurmans said that staff feels they would like to proceed
to treat this as an emergency. At this time Council's
authorization is required for the City Engineer,.in conjunction
with the consulting engineers,to approach suitable vendors
capable of performing this work and doing the installation, and
bring back price quotes from those firms to Council for an
award at a subsequent date to the appropriate vendor. She said
this would reduce the time frame by roughly 30 to 45 days
for the acquisition of a dome cover and an air scrubber.
Mr. Larry Keating, City Engineer, stated that due to the
scope of the expenditure and the seriousness of the problem,
he would attempt to explain what causes the problem' and how
the City is attempting to deal with it, as well as the alternative
solutions that the City has tried to evaluate over the past year
and a half.
Mr. Keating said basically the problem exists because the City
is serving an area which is roughly 12 to 13 square miles,
as well as because of the length of time it takes for the waste
to get from its points of origination to the treatment plant.
He said that during that period of time, the waste becomes
septic and generates hydrogen sulfide through a bacterial action.
When the sulfides get to the treatment plant, they enter into a
flow equalization tank which is open to the atmosphere. At that
point, the sulfides volatilize and release from the liquid and
go into the atmosphere and escape as odors.
The City Engineer stated that staff has evaluated different
chemical additionsinto the collection system.
into the 12 to 13 square mile area. There were two reports made,
one of which is dated April of 1982. The chemical addition would
run seventy to eighty thousand dollars per year in chemical costs
alone. The additional problem with that is the variation of
the utility out in those 12 to 13 square miles and he feels that
is a hit or miss situation and is not a cost effective solution.
Mr. Keating said - the dome and scrubber unit would actually
place an aluminum cover over the tank. It would be a cover
similar to one put over a sports stadium and would contain
all the gaseous odor and not allow it to escape into the
atmosphere. It takes the odor, withdraws it from the tank and
chemically treats it with an air scrubbing unit similar to the
types that are used in industry, and completely removesthe
sulfides before the air gets back into the atmosphere. Mr. Keating
said he feels this is the most positive solution that is available
to the City, as well as the most cost effective.
-10- 12/28/83
/rb
V/M Massaro asked what happens to the gases; and Mr. Keating
explained that they are run through a chemical treatment
facility. He said the City is considering two different types.#
a wet air scrubber and a granulated activated carbon scrubber.
Mr. Keating said he had the information on the G.A.C., which is
the activated carbon scrubber, and he gave it to Williams,
Hatfield & Stoner yesterday. They called him this morning
advising they feel it looks like a better unit for the City
because it removes other types of chemicals which can also
create odors, in addition to the sulfide. He said the initial
cost will be in the area of $150,000.00 plus or minus, but the
operating costs are going to be minimum. They probably will be
less than $5,000.00 per year. When those figures are compared
to an annual chemical cost of $75,000.00 for a solution that
may or may not solve the problem, he said he would recommend
the dome and scrubber unit as it is a more positive control.
Mr. Keating said that he has received a proposal for $15,000.00
from Williams,Hatfield & Stoner to design the air scrubber unit
and then go through the normal bid process. He said he has
discussed this with the City Manager, and because of the magnitude
of the problem, it was his recommendation, and City Manager
Stuurmans agreed, that the City should pursue this on an
emergency basis since in the last month or so there were more
problems.
Mr. Keating stated that the City would probably save 45 days or
so in the actual installation time and $12,000.00 would be saved
in engineering costs.
C/M Krantz asked whether Concord Village are the only homes which
are affected by this; and Mr. Keating said that unfortunately
that would depend upon which way the wind blows. The southern
half of Concord Village is affected, Fairways A and B and
Edgewater are affected.
City Manager Stuurmans stated that sometimes Mainlands 10 is
affected.
The City Attorney asked whether it is suggested that Williams.,
Hatfield & Stoner do the installation design,or whether it is suggested
that the supplier or manufacturer do the installation design.
Mr. Keating stated that the recommendation is a turnkey proposal
from a manufacturer. The City would prepare in concert with
Williams,Hatfield & Stoner ; a purchase spec of what
the City wants them to accomplish. Mr. Keating said that,
hopefully, the City might be able to get the prices and award
the contract within three weeks.
V/M Massaro asked how long it would take Williams, Hatfield & Stoner
to go to bid; and City Manager Stuurmans said it would take about
thirty days minimum to prepare the design specs, after which the
City would require an additional three to four weeks.
C/M Krantz asked whether Mr. Keating could provide Council with
a written memo on this presentation; and V/M Massaro said
a verbatim can be provided by the City Clerk's office
City Manager Stuun=s said in addition to that, after
Williams, Hatfield & Stoner and the City Engineer have made
the approaches to the prospective vendors and they have a
recommendation, that recommendation will be coming back as a
written report to Council.
Mayor Falck said that the action to be taken today would simply
speed up the process by some thirty days.
City Manager Stuurmans said that is correct, and it would recognize
the situation as an emergency and allow. the City to expedite
matters under the emergency purchasing procedures.
-11- 12/28/83
Mr. Keating said he thinks it would speed it up sixty days.
Mr. Farbman asked whether this procedure has been performed
in another location.
Mr. Keating said this equipment was installed
within the last few months, in the City of Delray Beach
Boynton -Delray Re5ional Wastewater Facility and there were
several articles in the paper about the problems they had.
Mr. Farbman asked if there is a track record as to whether
this procedure has been successful or not; and Mr. Keating
stated there are many such installations in the United States
and he would recommend the Boynton -Delray Beach recent installation.
Mr. Farbman asked whether a chemical engineer has examined this,
as there are toxic fumes in the tank and when it is covered
there might be something that could be explosive . He said
chlorine is used to purify the space. and a mixture of the two
chemicals might cause an explosion.
Mr. Keating stated that one of the consultants working on this
project from Williams,Hatfield & Stoner has a Master's Degree in
chemistry; and this is one of the items that will be reviewed
when the submittals are received from the manufacturers.
Mr. Farbman said before something like this is done, it would be
appropriate to have a track record and a determination as to whether
placing a dome on the tank to contain these odors could be dangerous.
V/M Massaro said she had asked the City Engineer this question
earlier, and he had provided Council with an explanation.
A,ar_. Keating said the gases are actually withdrawn from the
tank and treated chemically.
V/M Massaro said this is certainly an emergency and she would
MOVE that the City Manager be authorized to engage Williams,
Hatfield & Stoner to proceed with the program as outlined here
today. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
9. Utilities East - Authorization for Williams, Hatfield & Stoner,Inc.,
to review the possibility of an east side water supply.
SYNOPSIS OF ACTION: Authorization
given, for an amount up to $5,000.00.
City Engineer Larry Keating, explained that this recommendation
is based upon the availability of a water treatment plant from
another utility. lie said that Seacoast Utilities in Palm Beach
County have deactivated a small plant which they are no longer
using. Mr. Keating said he noticed the ad in a professional
journal and the plant is almost exactly the size that would
be needed to serve the eastern portion of Tamarac. lie said
he has always felt that because Tamarac is paying a large cost
to the City of Fort Lauderdale for their water, the'City
should investigate the feasibility of an alternative supply,
either from the City's own treatment plant or from a pipeline
connection to the west system. This is the basis of the request
to evaluate the cost benefit ratio between purchasing the plant
-12- 12/28/83
that is available for approximately $75,000.00, installing a
pipeline connection, or continuing to buy water from Fort
Lauderdale.
C/M Krantz asked whether the $75,000.00 would include the delivery;
and Mr. Keating said that amount is strictly the cost of buying the
plant which is in place. The City would have to add the costs of
dismantling and shipping, plus installation costs at the site.
He said the total cost would probably be approximately a quarter of
a million dollars.
V/M Massaro said she feels Council requires further information
and she would request that Mr. Keating work with the Finance
Department, to prepare a memorandum to Council giving additional
detail, so that a determination can be made as to how the costs
would affect the residents. She said she would hope that report
will be available for the next Council meeting.
Mr. Keating stated that this is the type of information that would
be derived from the report prepared by Williams, Hatfield & Stoner;
and the Vice Mayor said she feels this should be done in-house
before the City spends money for this purpose.
City Manager Stuurmans said it is a question of priorities and
it is not known how long the equipment will be available for sale.
She said the preparation of this report will be difficult to
accomplish in-house, as most of the staff is involved with the
issues relating to City Hall facilities. The City Manager explained
that Mr. Keating had requested that Williams, Hatfield & Stoner
be authorized to make an analysis of the options relating to the
purchase of the facility or an extension of the Tamarac West system.
The Vice Mayor said she feels Council requires more information
than is being furnished today before spending money for this purpose.
C/M Kravitz said there is a possibility that the equipment might
not be available to the City if a decision is delayed. He said he
would point out that the agenda states this is a review of the
possibility of an east side water supply system, and all that
would be done would be to authorize Williams, Hatfield & Stoner
to prepare a report. He said he would agree with the City Manager
on this subject, and would MOVE at this time to give the authoriza-
tion for Williams, Hatfield & Stoner to review the possibility of
an east side water supply system.
Mayor Falck inquired about the expenditure for this report; and
Mr. Keating said it would be an amount of $5,000.00.
C/M Stelzer asked where the wastewater is presently going; and
Mr. Keating said the wastewater on the east side of the City is
currently going to the City of Fort Lauderdale.
C/M Stelzer asked whether the wastewater would continue to go to
Fort Lauderdale if the City purchases the plant; and Mr. Keating
said it would, as the plant would be for potable water only.
Mayor Falck said he is concerned about what the County is attempting
to do to the municipalities west of 441. He said he replied today
to a communication from the County Commission which stated that the
County is now ready to move ahead and has authorized their staff
to consolidate the plans for locating well fields in the various
areas west of 441.
The Mayor said it would seem to him that $5,000.00 is a small price
to pay since he realizes that if the County takes over, the City of
Tamarac might be paying for them to take water from the west over
to the east; and there is nothing to say they will not locate a well
field adjacent to the City's well field since that is actually
what they are asking their staff to do. The Mayor said in that
case, Tamarac would be better off to sell,the residents the City's
water instead of having the County take the City's water and sell
it to the City's residents.
-1'�_ 17/9A/AI
Mayor Falck said he would support the expenditure of the
$5,000.00 at this time, because otherwise the County will
put a well field in Tamarac and run a pipe line and charge
the City not the 65(� or 70(� that the City is paying now
per thousand gallons, but $1.25 and the City will not be able
to do anything about it.
V/M Massaro said she does not disapprove of the study, but
she cannot understand why it cannot be done in-house, as she
feels it is not a complicated thing. She said she feels
the City Engineer and Finance Director can determine whether
the purchase would be equitable for the residents of the City.
The Mayor said there are two options. Firstly, the City Engineer
is asking that Williams, Hatfield & Stoner investigate the
facility that is now available for $75,000.00. The second option
would be running a pipe line and it is his opinion that this miqht
be the best arrangement. However, the study
would provide that information.
V/M Massaro asked Mayor Falck whether he feels the study can be
prepared in house. He said he would have to depend upon Mr. Keating
since he.does not know what Mr. Keating's schedule is,but if the City
wants the 201 Plan to go before"the public -in March or April, perhaps
Mr. Keating does not have the time. He saia if the City. Manager
and City Engineer feel this study should be made by Williams,
Hatfield & Stoner, then he would go along with it.
C/M Kravitz said he would restate his MOTION to authorize Williams,
Hatfield & Stoner, Inc. to review the possibility of an east side
water supply system, for an amount up to $5,000.00. SECONDED by '
C/M Stelzer.
C/M Stelzer asked whether this would include a study on the City
bringing its own water from west to east; and Mr. Keating said
it would.
The Vice Mayor asked City Manager Stuurmans whether she is convinced
that the study cannot be done in-house; and Mrs. Stuurmans said
the schedules are very tight, and the result would be probably to
renege on the day-to-day routine in order to review this matter.
It will be found that the City will have to rely upon Mr. Nolan's
office as it relates to future concerns as well, as there are
a number of major priorities that require staff's attention and
this is becoming more'difficult to cope with.
C/M Stelzer asked whether anything can be done with the wastewater
other than having it go to Fort Lauderdale; and Mr. Keating
stated that the City has a Large User Agreement with the City of
Fort Lauderdale and the facilities are in place. He said he doubts
whether there would be any possibility to change that situation
because the 201 Plan has not been modified, nor has there been
any discussion to modify it for that purpose.
C/M Stelzer asked what will happen with the monies collected
from the east if the 201 Plan does not go through.
Mr. Keating said it is anticipated it will go through within the
next month or two.
The Mayor said the facility was built with 100% grant funding for
the benefit of the City of Tamarac. The problem is to get the
City of Fort Lauderdale to activate it.
VOTE: ALL VOTED AYE
-14- 12/28/83
/rb
28. Edgewater Village
possible action to
and waiver of the
occupancy.
SYNOPSIS OF ACTION: APPROVED, to
expire on 3/12/84. Parking lot
must be paved and a berm or hedge
must be provided along both
rights -of -way.
- Model Sales Facility - Discussion and
approve relocation of the model facility
distance requirement for certificates of
Mr. Lew Lifton, representing Edgewater Village, said it is
desired to move the sales office from its present location to
the new building, which is closer to the utility plant. He
said Edgewater Village has full confidence in the dome and
they are seeking approval to start selling out of the new building.
A waiver of the 150 foot distance requirement is also requested.
Mr. Lifton said approval had been given .for the current sales office.
VIM Massaro MOVED to approve the change of location of the model
sales office and the waiver of distance requirement. SECONDED
by C/M Krantz,
C/M Stelzer mentioned that the old model sales permit
expires on March 12, 1984 and Dick Rubin recommends that the
new sales permit expire on the same date.
VIM Massaro said she would add to her MOTION that the permit for the
office relocation expires on March 12, 1984. The SECOND- concurred.
Tape Mr. Henry Farbman, resident, asked how close the model will be
3 to the sewer plant when it is moved since eventually the
model will be sold and people will be living in it and asked
whetner it is so close to the plant tnat it woula affect
the owners if anything happens there. He said the entire
Edgewater Village should not have been built that close to the
sewer plant.
VIM Massaro said that the move of the model closer to the plant
would indicate that Edgewater Village is honest with the people
as they are not hiding anything.
Mr. Farbman said when the homes there were purchased, the owners
were given a letter from the developer stating that by 19.84 the plant
would be eliminated. He' said he is.concerned with the health of
the residents.
VOTE:
ALL VOTED AYE
VIM Massaro stated that the parking lot must be paved and a
landscape or berm must be provided along both rights -of --way.
36. Spyglass - Revised Site Plan - Temp. Reso. #2930 - Discussion
and possible action to approve a revised site plan for a room
addition to Unit 19A located at 6541 NW 99 Avenue (tabled
from 12/14/83).
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-83-__,3/ PASSED.
revised site plan.
City Attorney Jon Henning read the Resolution by title.
C/M Stelzer said that Mr. Mac Marcus has brought in letters from
units 16D and 16E, as requested by Council and he would MOVE to
approve Temp. Reso. #2930. SECONDED by VIM Massaro.
VOTE: ALL VOTED AYE
-15- 12/28/83
/rb
33. Exxon Service Station - Discussion and possible action on:
a) Site Plan - Temp. Reso. #2931
b) Landscape Plan
c) Water and Sewer Developers Agreement
d) Water Rdtention Agreement
e) Utility easement for fire hydrant - Temp. Reso. #2932.
f) Warranty deed for additional right-of-way on NW 88 Avenue -
Tem Reso. #2933.
(to be located at the southwest corner of Southgate Boulevard
and NW 88 Avenue) (tabled from 12/14/82).
SYNOPSIS OF ACTION: a) APPROVED with
conditions. b) Landscape plan to be RESOLUTION NO. R-$3-_PASSED
approved by Beautification and return to RESOLUTION NO. R-83-.r! 9 PASSED
Council for approval. c) APPROVED as RESOLUTION NO. R-83- PASSED
Amended. d), e) and f) APPROVED.
Mr. Dave Oshinski, representing Exxon, presented checks in the
amounts listed below,for the fees indicated.
$1,610.00 - Drainage Retention
119.60 - Drainage Improvement
7,650.00 - Water and Sewer
2,851.20 - Balance due on Engineering
1,534.62 - Engineering for right turn lane
20,000.00 - Voluntary contribution for Traffic Light
The check for $1,050.00 for processing fee
was returned to the applicant as it had been paid
on December 15, 1983.
a) City Attorney Jon Henning read the Resolution by title.
Mr. Richard Rubin, City Planner, stated that Exxon had requested
this item be tabled due to additional coordination required with
Broward County Engineering for entrances into the shopping center.
Fie said the applicant has met with Broward County Traffic Engineering
Division and a mutual decision was reached to remove the northeast
entrance off Pine Island Road and to provide only an entrance in
on the south portion of the property.
Mr. Rubin .exhibited a drawing of the site,and said staff recommends
approval as the drawing far exceeds the original plan. Ile showed
on the plan, that originally there was a driveway planned at the
north portion of the center and another two-way drive at the south
portion. Ile explained that the northern drive has been totally
eliminated and there is an entrance in at the south end only and
then a cut into McDonalds parking lot to provide exit out of the
center. He said this reduces the possibility of traffic accidents
at the corner and allows for a better circulation around the site.
He said staff also recommends approval of the developers agreement.
He said the development review comments distributed to Council at
the last meeting are still applicable.
C/M Kravitz said he believes the Planning Commission was presented
with different plans than these as far as doing repair work, etc.
and he is wondering
whether the change was submitted to the Planning Commission for
a review.
Mr. Rubin said the plan on display today was specifically reviewed
by the Planning Commission and recommended for approval. He said
there was one member of the Planning Commission, Mr. Alper, who
questioned whether Exxon could put in the bays since the original
plan of three years ago did not show the bays on the drawing.
Mr. Rubin said staff researched the item and went back to the
original Stipulation for the Bishop Tract and that Stipulation
stated that a gasoline service station site is permitted there,
with accessory uses. He said the Mobil station down the road on
88 Avenue was also in that Stipulation and the uses of that Mobil
station are almost identical as those proposed in the Exxon plant:
12/28/83
-16- /rb
C/M Krantz said no mention was made of repairs in the original
Stipulation. Only the dispensing of gas was mentioned.
City Attorney Henning said the Bishop Stipulation had various
specifications for different tracts. One specification had a
listing for this tract and there was another paragraph in another
section referring to the Mobil Oil site. He said as he recalls,
the language in the paragraph for this site is identical to the
language in the paragraph for the Mobil Oil site. That language re-
fers to a gasoline service station. Mr. Henning said he is sure
Council is aware that repairs are made at the Mobil Oil site and he
sees no reason why repairs would not be authorized for Exxon since
the language in the Stipulation is identical for both.
The City Attorney said the confusion that came about was due to
the fact that two or three years ago, Exxon came in with a site
plan for a self-service station. He said he assumes self-service
stations were more popular a few years ago, and Exxon does not
deny that they had a proposal for a self-service station originally.
Exxon is now saying that they are currently not proposing a
self-service station and are not required to do so by the
Stipulation;. :.They are making a change for their own marketing
purposes and now prefer to have service bays. Mr. Henning stated
that he can find no way that service bays would not be authorized
at this site since they are authorized for the Mobil Oil site.
V/M Massaro mentioned that there is a paragraph in the Stipulation
which states that Exxon is reserving their rights. She said
they originally intended to build a self-service station, but
they did not deny themselves the right to change their plans.
Mr. Rubin said the Planning. Commission reviewed the plan that is
being presented today, except for the driveway entrance, and it
was approved on October 25, 1983.
C/M Kravitz asked whether it was stated at anytime that there would
be no repairs made, as mentioned by Commissioner Alper.
Mr. Henning said the minutes and verbatims which were read to
Council at a recent meeting, were taken at the presentation for
the self-service station. While those discussions were taking
place, Exxon did not state that they would never make repairs.
They did state that at no time during the operation of the particular
site plan they were presenting, would there be repairs made.
However, Exxon then abandoned that site plan and started over
again, had new reviews and paid new fees. They did not waive
their rights to use the land for a service station with bays
and they do not deny the fact that the original plan was for a
self-service station. The statements Exxon made at the time of
requesting approval of the self-service station have been turned
against them as though they were part of the Stipulation. Mr.
Henning said those statements were not part of a Stipulation, but
rather part of an explanation of a site plan which has since been
abandoned.
V/M Massaro stated that there is nothing in the
requirements of the Planning Commission at the time the plan was
reviewed that has not been incorporated in the plan; and she
would MOVE the approval of this plan, as presented, adopting
Temp. Reso. #2931. SECONDED by C/M Stelzer.
Mr. Harold Newman, resident, stated that Westwood 23, Tract 22,
abuts this property. He said he was one of the individuals who
was involved with the Stipulation for this property with Mr. Bishop.
He said at that time, it was understood there would be a 200 X 200
foot area for a gasoline station. It was not known then who would
purchase or lease the property.
-17- 12/28/83
/rb
Mr. Newman stated that he understands Exxon has the right to
change their plans. However, he does not accept that because
of the Stipulation. He said the original plan was for a
self-service station and that was acceptable to the community,
the Planning Commission and the Council; but today that is
being changed to permit bays for repairs.
Mr. Newman further stated that Mr. Rubin indicated within the
Stipulation there is something to the effect that gasoline
service station and accessories are permitted. However,
Mr. Newman said,there is no mention of the word, "accessories"
in the original Stipulation, which states,
"That Tract 22 will remain zoned B-3 or a zone no more
restrictive than B-3 and may be developed and maintained
for any use permitted at the time of the execution of
this Stipulation by the City of Tamarac under Ordinance
No. 77--25; provided, however, that the only area of
Tract 22 which will have as a permitted use, a gasoline
station, will be the parcel in the northeast corner
of Tract 22, said parcel to be in the approximate
dimensions of two hundred feet (200') by two hundred
feet (200'), but in any event, not less than forty
thousand (40,000) square feet".
Mr. Newman said he would ask that the Council request an
affidavit to prove that 40,000 square feet is being used,
according to the Stipulation,and he feels a survey should be
made. He said the Stipulation makes no mention of accessories
and mentions a gasoline station. He said the Stipulation
is contradictory as in one place it mentions gasoline station
and in another a gasoline service station. He said that
all gasoline stations are service stations, but they do not
all make repairs.
Mr. Newman quoted from the Stipulation,
"Any further use of the gas station classification
with this tract shall be strictly prohibited".
Mr. Newman said the residents oppose the repairs on many grounds.
He stated that this property abuts an important part of the canal
system in the City as all canals empty out into a pumping.station
just a few hundred feet north of the proposed station. The service
station would cause pollutants to go into the ground and that will
be even worse if repairs are made.
Mr. Newman said he would call this to the attention of the Council
as he feels the City is remiss in a number of things. People are
not aware that the Mobil Station on 88 Avenue and 77 Street had
a very serious leak of gasoline and they had to replace three
huge tanks. He is wondering whether an inspection was made by
the authorities to see whether or not the pollutants went into
the canal. He said he feels the recommendation made by
Mr. Rubin should not be accepted, as the City should .live by the
original Stipulation and this should be a self-service gasoline
station.
V/M Massaro said she would include in her MOTION that the sale
of food is prohibited except for the packaged items that are
normally sold in machines and that there be no parking of cars
overnight except for the cars of employees. The SECOND concurred.
Mr. Newman said that by having bays, there is an additional possibility
of pollutants. He said the residents do not object to the gasoline
station, but they do object to the bays for repairs.
-18- 12/28/83
/rb
City Attorney Henning stated for the record, that the Bishop
Stipulation was approved on July 14, 1978 and it was signed
by the Mayor on July 18, 1978. The Stipulation refers on
Page 1 to Tract 22 and talks about a gasoline service station
site being 200 feet by 200 feet. Fie said Page 2 again refers
to a gasoline service station. Page 5 subsection 7 c) states
that the one acre parcel in the southeast corner of Tract 31
is presently zoned B-3, and it is specifically agreed that
said parcel will, remain so zoned that a gasoline service station,
as previously approved by the City Council, may be developed and
maintained on that site. lie said this refers to the Mobil Oil
Station.
Mr. Henning said the term "gasoline service station" is used
to refer to the Mobil station, which has bays and garage
facilities. The same term is used in the same Stipulation on a
different page for the Exxon Station.
V/M Massaro said Exxon has now abandoned the original site plan,
including any monies that were paid on water and sewer agreements.
The entire project was abandoned and a new start was made.
The revised site plan was approved by the Planning Commission and
is now before Council. The Vice Mayor said she sees no problem
with this site plan.
Mr. Newman said the residents object to this on general principal
as to have service bays would be a violation of the Stipulation.
VOTE;
C/M Stelzer
Aye
C/M Krantz
Nay
C/M Kravitz
Nay
V/M Massaro
Aye
Mayor Falck
Aye
b) Mr. Richard Rubin, City Planner, stated the landscape plan
that is before Council is the one submitted at the last meeting
prior to the changes to the driveway entrance by Broward County
Engineering. He said he would suggest any Motion . include
that a new landscape plan conforming to the site plan which was
approved today, be submitted prior to obtaining a building permit.
V/M Massaro said the landscape plan needs some revision. On the
northeast and southeast corners of the building, there are to be
three to five additional Sabal Palms. The southeast corner is to
have a 3-foot berm. Not less than twenty additional colorful
Crotons are to be added. Three Black Olive trees are to be
planted in front of the canopy. The Lingustrum hedge is to be
changed to Areca, Hibiscus or Crotons. The northeast corner is
to be redesigned. All changes are to be shown on a new beautifica-
tion plan, to be approved by staff and the Beautification Committee
prior to obtaining a building permit.
The Vice Mayor said action to approve the plan is to be deferred until
the revised plan takes the normal course through Beautification
and returns to Council.
c) City Attorney Jon Henning said he has reviewed the water and
sewer agreement and there is one minor detail which needs to be
corrected and he would
recommend its approval. He circulated to Council, substitute
pages 3 and 4. He said there was one amendment, which has already
been signed and there is no objection to it. In the original
water and sewer agreement, there was a provision that if the
land was not platted, they would have one year to pay the
guaranteed revenues. That was a provision in standard form
for those tracts that would be platted and there was a holdup by
the County in the procedure. He said this, by Stipulation, is not
a platted lot and they will abide by the standard six --month period
and therefore, the phrase "regarding the unplatted land" has been
eliminated and guaranteed revenues will be due and payable
monthly six months from the effective date of the water and
sewer agreement, which will probably be today.
-19-- 12/28/83
/ r I-,
V/M Massaro MOVED that the appropriate persons be authorized to
sign this water and sewer agreement and that it be approved
with the correction as indicated by Mr. Henning. SECONDED by
C/M Krantz.
V/M Massaro stated that whether this station is built or not,
the guaranteed revenues will begin at the end of six months.
VOTE:
ALL VOTED AYE
d) V/M Massaro said everything is in order on the water retention
agreement and she would MOVE its adoption, as presented.
SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
e) City Attorney Jon Henning read the Resolution by title.
V/M Massaro MOVED the adoption of Temp. Reso. #2932, the 12-foot
utility easement, as it is in good order. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
f) City Attorney Jon Henning read the Resolution by title.
V/M Massaro MOVED the adoption of Temp. Reso. #2933 accepting the
warranty deed for the additional right-of-way on NW 88 Avenue.
SECONDED by C/M Kravitz.
VOTE. ALL VOTED AYE
25. Woodmont Tract 72--C (Pineap le Park) - Discussion and possible
action to approve a parking lot lighting plan (to be located
at the northwest corner of NW 80 Avenue and NW 70 Street).
SYNOPSIS OF ACTION: APPROVED
subject to acceptance by the
Building Department.
City Planner, Richard Rubin stated that Mr. Pat Keiley, the Chief
Electrical Inspector, said this plan is for location purposes
only. It does not show how much light will illuminate in the
distance around it and a computerized printout showing the
actual area that is illuminated will be required, to make sure
it conforms with Chapter 18 of the City Code - Parking Lot Lighting.
Mr. Rubin said he has reviewed the locations and they appear to be
adequately dispersed. However, the final determination should be
made at the time the building permit is requested and proper
certified plans are submitted.
Tape V/M Massaro MOVED to accept this plan subject to the acceptance by
4 the Building Department. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
LEGAL AFFAIRS
24. Tamarac Town Square - Temp. Reso. #2938 - Discussion and
possible action on amended Stipulation #15 (tabled from 12/l/83).
YNOPSIS OF ACTION: APPROVED
RESOLUTION NO. R-83--�_�L % _PASSED
City Attorney Jon Henning read the Resolution by title and explained
that this relates to the vicinity of Southgate Boulevard and 88 Avenue.
The revised landscape plan is for the area behind Tamarac Town
Square. The plan was approved some time ago but there was a
question as to whether or not in amending the landscape plan, the
City let go any of the responsibilities the owner had to maintain
this. He said to clarify this, the Stipulation has been amended.
The landscape plan is the same, with a continuous berm and continuous
hedge behind Tamarac Town Square. The language has been readopted
from the Stipulation, which
-20- 12/28/83
/rb
states that the owner of the shopping center is responsible
for maintenance in perpetuity for maintaining the landscaping
behind the shopping center. He said there are signed copies
in-house which are ready for recording, and he would recommend
approval.
C/M Krantz MOVED to adopt Temp. Reso. #2938 amending Stipulation
#15. SECONDED by V/M Massaro.
Mr. Richard Rubin mentioned that the applicant has already gone
out and restaked to provide nineteen additional trees on top of
the berm with a continuous hedge; and this is expected to be
completed within the next thirty days.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
27. Woodmont Tract 54 (Pines III) - Model Sales Facility -
Discussion and possible action to renew a permit for the
use of a model sales facility at another location.
SYNOPSIS OF ACTION: APPROVED for
six months from 1 8/84.
V/M Massaro MOVED to renew the model sales permit for Woodmont
Tract 54 at the present location for a period of six months
from the expiration date. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
31. Tamarac Gardens - Model Sales Facile -- Discussion and
possible action to ^renew a model sales permit.
SYNOPSIS OF ACTION: APPROVED for
six months from 1/27/84.
V/M Massaro MOVED the approval of the model sales permit for
Tamarac Gardens for a period of six months from the expiration
date of January 27, 1984. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
32. Ashmont/Kings_Point - Model Sales Facility - Discussion and
possible action to renew a permit for the use of a facility
at another location.
SYNOPSIS OF ACTION: APPROVED for
six months from 1 31/84.
V/M Massaro MOVED the approval of the temporary model sales
facility at the current location for Ashmont/Kings Point, for
a period of six months from January 31, 1984. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
V/M Massaro said she is wondering whether two sales facilities
are being used and she would request the City Manager to check
this out as if two sales facilities are used, fees are required
for both.
35. Village Mall (foratEly Rum Runner) - Discussion and possible
action to approve a landscape plan (tabled from 13/14/83).
SYNOPSIS OF ACTION: APPROVED
V/M Massaro MOVED to approve the landscape plan. SECONDED by
C/M Krantz.
VOTE: ALL VOTED AYE
--21-- 12/28/83
/rb
37. Chapman Warehouse -- Discussion and possible action on:
a) Revised site plan for paving and building improvements -
Temp. Reso. #2965.
b) Water Retention Agreement
(tabled from 12/14/83).
SYNOPSIS OF ACTION: a) and b) APPROVED RESOLUTION NO. R-83-_PASSED
a) City Attorney Jon Henning read the Resolution by title.
Mayor Falck stated that the fees were paid this morning.
V/M Massaro said she has reviewed this plan and would MOVE the
adoption of Temp. Reso. #2965. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
b) V/M Massaro MOVED the approval of the Water Retention Agreement,
as provided. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
39. Colony West Country Club - Discussion and possible action on:
a) Calling of a performance bond posted for public improvements
by Temp. Reso. #2954,
b) Traffic Light Agreement
(tabled from 12/14/83)
SYNOPSIS OF ACTION: a) APPROVED.If extension RESOLUTION NO. R-83- -- PASSE
is not received by 12/30/83, bond is to be
called. b) HELD for reconvened meeting of
1/3/84.
a) City Attorney Jon Henning read the Resolution by title.
V/M Massaro MOVED that if the bond is not extended by December 30,1983,
the bond is to be called. This would approve Temp. Reso. #2954.
SECONDED by C/M Kravitz.
b) Mayor Falck said this item will be held for 'Tuesday, January 3,1984,
7. Pension Fund Investment - Tem . Reso. #2975 - Discussion and
Possible action to designate an agent.
SYNOPSIS OF ACTION: APPROVED Committee's
recommendation to split investment between
Investment Counselors,Inc. and Glendale
Federal Savings & Loan. Temp., Reso. #2975 will be
available for 1/3/84 meeting.
City Attorney Jon Henning said he had a discussion with the City
Manager as to whether a Resolution is necessary.
City Manager Stuurmans said a final report has not yet been received
from the committee who has been reviewing this, and in the absence
of that,the preparation of the Resolution is being held up anticipating
the report. She said the report in summary is that the committee
is recommending to Council that the investment of the pension fund
be split, with two million dollars of the current fund going to
Investment Counselors, Inc. and they will administrate that portion
of the fund. The remaining one million dollars of the pension
fund will be invested with Glendale Federal'. Savings & Loan.
Mrs. Stuurmans said the City will monitor these investments during the
course of the next calendar year.
Mayor Falck explained that this came about as a result of all
the pension meetings held by the administrative board with input
from the Investment Committee. He said he is in full agreement
with what the proposal states. He said the City had a contract
with Equitable of New York until December 31 of this year but
were not satisfied with service the City received. In presentations
made to the City, Equitable stated they knew they did not provide
the City with the type of service the City deserved and if the
contract were renewed, they would mend their waysand change their
plan of operation accordingly.
-22- 12/28/$3
/rb
The Mayor stated that the committee went through all the
presentations, after which it was unanimously agreed that
the main portion of the fund should be invested with
Investment Counselors, Inc. of Orlando, and that the remain-
ing portion be turned over to the Glendale Federal Savings
and Loan, which can be used as an in -and -out operation
so the City's funds will be fully invested at the maximum
return that is available to the City today.
Mayor Falck said he would recommend that the Resolution be
approved.
C/M Kravitz MOVED to approve the committee's recommendation to
split the investment of the pension fund. Two million dollars
of the current fund will be invested with Investment Counselors,Inc.
who will administrate that portion of the fund. The remaining
one million dollars of the fund will be invested with Glendale
Federal Savings & Loan. The City will monitor these investments
during the course of the year. A Resolution will be available
for Council at the reconvened meeting of January 3, 1984.
SECONDED by C/M Krantz.
The Mayor said he will provide to Council all the information
required before Council reconvenes on Tuesday.
VOTE: ALL VOTED AYE
Consent Agenda
4. Items listed under Item #4, 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 10/20/83 - Special Meeting - Approval re-
commended by City Clerk.
b) Minutes of 11/9/83 - Regular Meeting - Approval recommend,
ed by City Clerk.
c) Minutes of 11/14/83 - Reconvened Regular Meeting -
Approval recommended by City Clerk.
d) Minutes of 11/21/83 - Reconvened Regular Meeting -
Approval recommended by City Clerk.
e) Minutes of 11/23/83 - Regular Meeting - Approval recommenc
ed by City Clerk. r
-23- 12/28/83
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f) Alan F. Ruf - Consulting City Attorney - 12/23/83 -
$1,728.00 - Approval recommended by City Attorney.
g) Mitchell Ceasar - Grants Consultant - Retainer for
December, 1983 - $1,250.00 - Approval recommended by City
Manager.
h) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
12/5/83 -- Project 2088-0, Statement 1 - $12,505.85 -
Approval recommended by City Engineer.
i) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
12/7/83 - Project 1710-10, Statement 3 - $438.00 - Approva'
recommended by City Engineer.
j) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
12/8/83 - Project 1724-1, Statement 1 - $14,950.00 -
Approval recommended by City Engineer.
k) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
12/8/83 - Project 1710-8, Statement 7 - $518.50 - Approval
recommended by City Engineer.
1) Shailer, Purdy & Jolly - Counsel for contraband forfeitures
Services for November, 1983 - $375.38 - Approval recommend-
ed by City Attorney.
m) Edna L. Caruso - Counsel for City of Tamarac vs. Leadershir
Housing - 12/14/83 - $1,356.91 - Approval recommended by
City Attorney.
n) Authorization for the City Manager to go to bid for micro-
filming certain Building Department documents and plans.
o) Authorization for a Cookie Sale by the Broward County Girl
Scout Council February 3-16, 1984, and waiver of Chapter
22 of the Code governing "Solicitors and Canvassing".
p) Proposed Sister -City Agreement with Kiryat Tivon - Approval
to remove this item from the tahlp.
SYNOPSIS OF ACTION: APPROVED Items
a) through f ) , h) through ra) , o ) and p) .
Item g) Held up pending receipt of
Mr. Ceasar's monthly report or personal
appearance before Council, and report on
this year's grants. Item n) REMOVED and
then APPROVED. Y
C/M Kravitz MOVED that Item g) be HELD, and that Items a) through f)
and h) through p) he APPROVED.
V/M Massaro asked that Item n) be removed for discussion, and she would
SECOND the Motion.
Mrs. Melanie Reynolds, resident, said that on item f) Alan Ruf
has spent a lot of time on Section 38A, but a report has not yet been
received. She said she is of the opinion that a report is received
before a bill is paid and she asked whether Mr. Ruf can issue a report.
City Attorney Henning said he spoke to Mr. Ruf this morning and he
would verify that there was a great deal of additional work. It is
anticipated that there will be a report available for Council for the
first meeting in January.
VOTE: ALL VOTED AYE
-24- 12/28/83
C/M Kravitz said with regard to Item g), in the agreement be-
tween the City and Mitchell Ceasar, the City was to receive
monthly reports or a personal appearance before Council; but
neither of those were provided. C/M Kravitz explained that
at the last Council meeting when approving Mr. Ceasar's contract,
he was asked for a status report on this year's grants. lie
provided the City with information going back to 1980, but did
not supply the information requested. C/11 Kravitz said he has
written to Mr. Ceasar but did not receive a reply and is
therefore, asking that payment be held up until a report is
provided to Council, as per the agreement.
V/M Massaro inquired about -the information requested of Mr. Ceasar
in C/M Kravitz' letter; and C/M Kravitz said he asked for a list of
all the grants the City received for the year 1983. He originally
asked for that information before Council, and then followed it
up with a letter.
Mayor Falck asked the City Manager to contact Mr. Ceasar in an
effort to obtain the necessary information.
V/M Massaro said Mr. Ceasar should be asked to supply Council
with a monthly report as well as the yearly report which C/M
Kravitz had requested.
V/M Massaro said with regard to Item n) the amdunt Mentioned is
$57,000.00 and she would like to know more about it.
City Manager Stuurmans said that amount was an estimate and an
expression of interest but actually the City is not contemplating
that amount of money.
V/M Massaro said an amount of that magnitude was not budgeted;
and the City Manager said that is correct. She said that amount
would represent the cost for a number of projects rather than
the one project the City is most significantly interested in at
this time, which is the Building Department. She said for the
Building Department, it was estimated to.be an amount of roughly
$25,000.00 and that amount was recognized recently through a
Resolution passed by Council to increase Building Department fees
because a portion of the fees collected for building permit
processing should go to the records retention function of
building department applications, permits and plans. Mrs. Stuurmans
said staff is overburdened and space is at a premium. These are
valuable records that have a need to be permanently retained on file.
V/M Massaro inquired about how the microfilming has been handled
up until now; and City Manager Stuurmans explained that microfilming
has been done on regular paper size documents. The microfilming of
plans has been attempted here but it is an extremely long process
as each page has to be unrolled, laid down, glass placed on it
and the camera clipped to it as one would when taking pictures at
a family gathering. Going out to contract, the City was given an
estimate of roughly three to four months to bring this up to date.
V/M Massaro asked whether it is desired to go to bid for only the
Building Department at this time; and the City Manager said that
is correct.
V/M Massaro MOVED to approve Item n). SECONDED by C/M Krantz.
VOTE; ALL VOTED AYE.
THE MEETING WAS RECESSED AT 4:55 FOR TEAT MINUTES.
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MAYOR FALCK.CALLED: THE MEETING TO ORDER AT 5:05 P.M. AND ALL WERE
PRESENT.
PUBLIC HEARINGS
11.
Residential Zoning IRe ulations Tem Ord. #1050 - Discussion
and possible action to amend Section 28-27.2 of the Code by
revising the Table of Miscellaneous Residential. Zoning Re-
quirements to provide a new portion titled "Maximum Plot
Coverage" (.for all impervious areas) and providing for
maximum percentage of coverage on all lots. Second Reading.
SYNOPSIS OF ACTION: Public Hearing
held. APPROVED on Second and Final
Reading..
ORDINANCE NO. 0-83-� PASSED
City Attorney Jon Henning read the Ordinance by title,and
explained that he has revised this Ordinance in form. He said
Council has before them, a chart from the City Code which shows
on the right hand side, the 67%, which is the percentage which
was discussed on first reading, for the total impervious area
allowed for plot coverage by this Ordinance.
Mayor Fal.ck opened the public hearing.
Mr. Walter Rekuc, resident, said that the last permit issued on
December 14, 1983 was #2729, which was before this Ordinance was
read. He said he would take exception to the 67% as the County
at the present time has a residential requirement of 60%and
he does not feel the City of Tamarac should have a lower standard
than the unincorporated area of Broward County. He said if
anything, it should be 55% as he had recommended previously since
there is no support for 67% and there is no one in the State of
Florida that would consider 67%.
Mr. Rekuc said he feels the City of Tamarac should have something
better than the incorporated area of Broward County and he
thinks 55% is a realistic amount. The County has never had
difficulty with 60% when requesting approval of any area. Fie said
he would like to go down in percentage on R-4A and R-5.
Mr. Rekuc said he is aware that Dick Rubin
',.is familiar with what they are doing at the County level. They
are reconsidering commercial and industrial but there is no change
from the 60% for residential. In fact, a percentage lower than 60%
was never considered anywhere in the State of Florida.
Mr. Rekuc said he would like to compliment C/M Kravitz for taking
exception to 5901 Walnut Circle where there was a flagrant violation
of this particular Ordinance. He said the question was whether
the house was built according to plans. However,
the plans on which the permit was issued disappeared and some
correspondence has disappeared at the Building Inspection Department.
V/M Massaro asked C/M Kravitz whether he had found that plans
had disappeared from the file; and C/14 Kravitz said he had not.
Mr. Rekuc said a letter written by Mr. Sam Stevens, had stated
that the building was not being built according to plans.
Mr. Rekuc read the letter he referred to, as follows:
if At the request of C/M Kravitz, I would like
you to inspect the wor;� and progress at the
residence located at 5901 Walnut Circle in the
Woodlands. Specifically check the permit and
approved plans to see if the actual work being
done corresponds".
Mr. Rekuc stated that the actual approved plans disappeared and
some correspondence also disappeared from the file.
V/M Massaro asked who made the statement about the disappearance; and
Mr. Rekuc said he did. The Vice Mayor asked if any one in the City
made the statement; and Mr. Rekuc said Mr. Sam Stevens did.
11r 1 7 /99 /Q1
Mayor Falck asked -whether C/M Kravitz has any information about
the disappearance; and C/M Krantz said he knows nothing about a
disappearance.
City Manager Stuurmans said she knows nothing about it and the
Mayor -suggested she check and report to Council.
Mr.Pat Luke of 1-95 Homebuilders, Inc. said he feels 67% is a
little too high for residential homes. fie asked whether that
would include driveways and patios or whether it pertains to
living space only.
Mayor Falck said it would refer to all paved areas.
V/M Massaro said that Mr. Luke misunderstands as he is actually
asking that 67% be permitted for use..
The public hearing was closed.
V/M Massaro said she discussed this matter today with Mr. Rubin
and asked how he arrived at this figure. lie can support his
calculations as to the 33% allowance. Therefore, she feels Council
should go along with it as it is a move in the right direction and
she would MOVE that Temp. Ord. #1050 be approved on Second and
Final Reading. SECONDED by C/M Krantz.
Mr. Rekuc asked whether he could see Mr. Rubin's calculations
as to how he arrived at the figure.
V/M Massaro said that Council is satisfied that Mr. Rubin has
done his job and Council will look into this further and see
whether it warrants anything more. But meanwhile, the City will
not take property away from people without a basis for it.
Mayor Falck stated if Mr. Rekuc wishes to review the calculations,
he can do so by getting in touch with Mr. Rubin.
VOTE:
ALL VOTED AYE
12. Business Uses - Temp. Ord. #1067 - Discussion and possible
action to amend Section 28-171 of the Code by clarifying the
setback requirements of delicatessens, restaurants and
dining rooms in commercial centers. Second Reading.
SYNOPSIS OF ACTION: APPROVED on
Second and Final Reading.
ORDINANCE NO. 0-83-,'5.PASSED
City Attorney Jon Henning read the Resolution by title, and ex-
plained that Council had requested he edit and review the underlining
to be sure the deletions were proper from First Reading. He said this
was done and Council now has copies of the revision.
Mr. Henning said C/M Stelzer has requested that retail food take-out
establishments be included and this was done on Line 28 of Page 2.
He said otherwise the substance of the Ordinance is the same.
V/M Massaro mentioned that there are cases where food is not
prepared on the premises. It is prepared at another location and
brought in and heated. The Vice Mayor said that would still cause
the odors Council is concerned about and she would therefore, suggest
the Ordinance state, "restaurants, preparation, dispensing or
serving of heated foods". That would take care of everything as
there are some people who say the Ordinance does not pertain to
them since they do not prepare food on their premises.
City Attorney Henning said food take --out establishments do not say
whether their food is prepared on the premises or not. The Ordinance
refers to food take --out establishments and that would include businesses
in which food is prepared on the premises or not.
-27- 12/28/83
/__L
The Vice Mayor said some individuals say food is eaten on the
premises but is not prepared there; and C/M Stelzer said that
would be classified as a dining room, although lie does understand
the point V/M Massaro is malting. He said, for example, Cumberland
Farms sell food and heat it on the premises in a microwave and
it is taken off the premises to be eaten.
City Attorney Henning said this is all covered in the Ordinance
by the language "take --out" and he is comfortable that the
Ordinance covers everything.
Mr. Harold Newman, resident, said he feels the Council should
consider other things relative to restaurants as concerns
cleanliness, health regulations, etc. as many of the restaurants
are in dire need of health inspection.
C/M Stelzer said this Ordinance refers only to setbacks.
Mr. Newman said he understands that, but would like to state at
this time that he feels the City should give some consideration
to health inspections.
Tape C/M Stelzer MOVED to adopt Temp. Ord. 1067 amending the master
5 list for setbacks on Second and Final Reading. SECONDED by
C/M Krantz.
VOTE: ALL VOTED AYE
13. Temporary Model, Sales and Administrative Uses - Temp. Ord.
#1068 - Discussion and possible action to amend Section 28--216
of the Code to include specific requirements for permitting
the construction of temporary commercial enterprises located in
commercially zoned parcels of land. Second Reading.
SYNOPSIS OF ACTION: Public Hearing
held. TABLED to reconvened meeting
of 1/3/84 provided report by City Attorney
is received by Council no later than 12/30/83.
City Attorney Jon Henning read the Ordinance by title. He explained
that a public hearing was advertised for today and basically there
is an intricate or elaborate Ordinance that provides for model
sales for residential property. The substance of this Ordinance
is to allow commercial property to lave a similar use; a temporary
use, a sales use, model use, etc., in a similar way that has been
authorized for residential developers to use their land.
Mr. Henning said he is attempting to simplify and clarify this
Ordinance, although he does not want to change the substance of it.
He said he has started to edit this and would like to bring it
back to Council on Tuesday for a final vote. It is long and involved
and sometimes difficult to follow.
Mayor Falck opened the public hearing.
Mrs. Vickie Beech, resident, asked if Mr. Henning could explain
this Ordinance; and V/M Massaro said this Ordinance would be
the same as existed previously for residential property, but
would allow the use of a temporary trailer to perform business
on the site but this cannot be done until a project is under way.
Mr. Henning said for example, the Ambassador Savings & Loan on
University Drive would require this.
The public hearing was closed.
V/M Massaro MOVED that this item be tabled to the reconvened meeting
of Tuesday, providing it is in Council's hands no later than Friday.
SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
12/28/83
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14. Bikeways - Temp. Ord. #1069 - Discussion and possible action
to amend Chapter 23 of^the Code by adding a new Section 23-29
titled "Bikeway Requirements". Second Reading.
SYNOPSIS OF ACTION: Public Hearing ORDINANCE NO. 0-83- �56�, PASSED
held. APPROVED as Amended on Second
and Final Reading.
City Attorney Jon Henning read the Ordinance by title.
V/M Massaro said she had requested Mr. Henning to research as to
whether or not this sidewalk can also be used as a bikeway and
Mr. Henning has advised that if it is constructed properly and
in accordance with Class 3, Bikeway, Florida Dept. of Transportation,
it can be used for both.
Mr. Rubin said Rep. Gustafson is in the audience today and he
has assisted the City on this project. Mr. Rubin explained that
in effect, this Ordinance allows the City to require adjacent
property owners to build their own bikeway along University Drive,
so that the funds Rep. Gustafson helped the City to obtain, can be
used toward the widening of University Drive, which is a higher
priority.
V/M Massaro said she spoke with Rep. Gustafson a few moments ago
and he is arranging for an early meeting with the various rep-
resentatives of the legislature for this purpose.
Mr. Henning stated that line 28 of the Ordinance indicates that the
bikeway should be abutting the right-of-way line. I3owever, it is
not clear as to whether it should be inside or outside the right-of-way
He said he now understands it is the intention of Engineering to have
this in the right-of-way, abutting the right-of-way line. There-
fore, he would suggest the words, "in the right-of-way" be added
on line 28, since it was intended to be that way by the City Planner
and the City Engineer.
The public hearing was opened and closed with no response.
V/M Massaro MOVED the adoption of Temp. Ord. #1069 on Second and
Final Reading, as amended. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
15. Bonaire Associates, Ltd. - Rezoning Petition #21-Z-83 -
Temp. Ord. 41082 - Discussion and possible action to rezone
Recreation Area #2 for Westwoods of Bonaire situated on the
east side of NW 80 Avenue between NW 78 Street and NW 75
Street, from R-3U (Low Density Multiple Dwellings) to S-1
(Open Space/Recreational). First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
SYNOPSIS OF ACTION: a) Affidavits accepted.
b) Public Hearing held. APPROVED on First
Reading.
City Attorney Jon Henning read the Ordinance by title.
a) C/M Krantz MOVED to accept the Affidavits of Publication,
Mailing and Posting. SECONDED by V/M Massaro.
VOTE:
ALL VOTED AYE
b) Mr. Richard Rubin, City Planner, said that according to a
site plan approved by Council several years ago, the developer
agreed to locate specific sites for recreational parcels and rezone
them to S-1 to protect the future homeowners of the community.
He said this rezoning petition conforms to the original site
plan approval, and staff recommends the rezoning to the S-1
designation.
-29- 12/28/83
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The public hearing was opened and closed with no response.
V/M Massaro MOVED the adoption of Temp. Ord. #1082 on First
Reading. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
16. E --Z-83 -- Temp.
Subway Sandwich Shop Special , _xcept�on #22
Reso. #2976 Discussion and possible actio
n to permit the
operation of a restaurant in Bay 8 of 3 Lakes Plaza at
4601 NW 31 Avenue, which is zoned B-2 (Planned Business).
SYNOPSIS OF ACTION: Public Hearing RESOLUTION NO. R-83-���PASSED
held. APPROVED..
City Attorney Jon Henning read the Resolution by title.
V/M Massaro asked if there is a problem relating to residential
and Mr. Richard Rubin said this property abuts 31 Avenue at the
southeast corner of the center and the plan indicates it is far
away from any residences. He said there was more than enough
parking provided in the original design for this use.
The public hearing was opened and closed with no response.
V/M Massaro MOVED the adoption of Temp. Reso. #2976. SECONDED
by C/M Krantz.
VOTE:
ALL VOTED AYE
17. Lakes of Carriage Hills, Inc. - Rezoning Petition #3-Z--82 --
Temp. Ord. #1081 - Discussion and possible action to rezone
lands at the northeast corner of Rock Island Road and
Sabal Palm Boulevard East, extending north toward Bailey
Road approximately 155-feet and eastward approximately
435-feet,. from S-1 (Open Space/Recreational) to B-1 (Neighborhood
Business). First Reading.
a) Acceptance of Affidavit of Publication, Affidavit of
Mailing and Affidavit of Posting.
b) Consideration of application.
c) Declaration of Protective Covenants and Restrictions.
SYNOPSIS OF ACTION: a) Affidavits
accepted. b) Public Hearing held.
APPROVED on First Reading. c)
Agendized by Consent on Page 1, TABLED
to meeting of 1/25/84.
a) C/M Krantz MOVED to accept the Affidavits of Publication,
Mailing and Posting. SECONDED by C/P1 Kravitz.
VOTE:
ALL VOTED AYE
b) Mr. Richard Rubin stated that several years ago, the City
entered into an Option Agreement with Lakes of Carriage Hills
regarding this parcel of land. At that time, the City had a
requirement for recreation fees or land in lieu of and this
property was zoned S-1 although it was not at the decision of
the property owner, and it certainly limited his rights to
develop the property. He said in the Option Agreement, Council
granted the applicant the right to proceed to rezone the site
under their ownership to B-1 and if this is satisfactorily
concluded prior to January 1984, the applicant has agreed to
make the final payment of the recreation fees. He said the City
has been working regularly over the past six or seven months
with the applicant and with the adjacent homeowners to make
sure the site, if it is zoned B-1, will be developed in an
attractive manner consistent with the residential character of
the adjacent surrounding homes. Mr. Rubin said he feels the
Council, the homeowners and the applicant should be complimented
for working together to reach this common goal.
--7A— i -) /')o /o�
c) V/M Massaro said the covenant requires a few corrections, and
the City Attorney feels it would be to the benefit of the people
who live there to make these corrections. This cannot be done
before the third of January but it will have no bearing upon the
rezoning. If Council sees fit, a Motion could be made as this
is the First Reading of the Ordinance.
V/M Massaro said Council received another map today, which showed Parcel
a), b), c), d) and e). The f) was eliminated.
The Vice Mayor said it was learned that the applicant has a
quit claim deed and it is her suggestion that the City have no
part of it, and that it go directly from the developer to the
condo. In addition, it should be included in the agreement that
they will put in a sprinkler system, as agreed and will also do
whatever else is necessary. Also, it should be indicated in the
agreement, that the quit claim deed will go directly to the
Gardens of Sabal Palm. She said there are a few other things
to be included in the agreement, all of which will be for the
benefit of the residents, and Mr. Henning has advised that the
covenant will be available for the meeting on the third of January.
V/M Massaro said the size of the building was mentioned in the
covenant and that had to be removed.
V/M Massaro said she has distributed to Council, copy of a statement
which says that within thirty days after the execution of the
agreement by both parties, Lakes covenants and agrees that it will
cause to be constructed a five foot wide concrete sidewalk adjacent
to the north right-of-way line of Sabal Palm Boulevard East, as
shown on Exhibit "H". Said sidewalk will have engineering fees
and bonds posted by Lakes in accordance with Tamarac City Code,
guaranteeing that the construction will be completed within 120
days after execution of this agreement.
The Vice. Mayor said 120 days is an error, as this must be done
within thirty days.
V/M Massaro said there is also an Exhibit "A" as well as the
quit claim deed included in the agreement. She said there is
a metes and bounds description of the rezoning, which eliminates
Parcel F.
Mr. Rubin said the new drawings received today clearly show that
the triangular area,which is Parcel F, has been removed. There is
now a clear legal description prepared by the surveyors of the
residual property being rezoned. The metes and bounds description
is attached, and parcel F has been eliminated.
Mr. Rubin asked that if Council approves, this item, the Motion
indicates that the City Clerk is to include in the legal description,thc
metes and bounds shown on Exhibit "B" which was submitted today.
City Attorney Henning said as far as the types of businesses.which
will go into the area, this is done in the negative and those
businesses which will not be permitted in this location are:
Retail Package Alcohol Beverages
Retail Sales of Package Alcohol Beverages
Ambulance Services
Indoor Amusement Centers
Art Schools
Indoor Athletic Clubs
Auto Repair Service
Paint and Body Shops
Awning Stores
Bait and Fish Stores
Retail Bird Stores
-31- 12/28/83
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Outside Storage of Bottled Gas
Broadcasting Studios
Broadcasting Towers
Burglar Alarm Companies
Day Care Nurseries
Dry Cleaning Establishments
Exterminators
Retail Fish Markets
Funeral Homes
Furriers
Ice Distributing Depots
Landscape Nurseries
Launderettes
Lawn Maintenance Services
Retail Meat Markets
Retail Music and Radio Stores
Soft Drink Stands
Sprinkler System Repairs and Service Areas
Retail Tropical Fish Shops
Video Sales and Exchange Clubs
Mr. Henning said he thinks that is the least restrictive area.
In addition, other areas restrict:
Food Service Establishments
Food Outlets
Retail or Wholesale Food Processing Plants
Barber Shops
Delicatessens
Candy Stores
Liquor Stores
Ice Cream and Candy Stores
Cocktail Lounges
Bake Shops
Dairy Product Sales,
Fish Markets
The City Attorney stated another category, in addition to those,
also prohibits:
Retail Air Conditioning Equipment
Wholesale Auto Parts and Accessories
Auto Tag Agencies and License Bureaus
Bakeries
Bake Shops
Barber Shops
Beauty Shops
Bicycle Stores and Repairs
Candy Stores
Carry -Out Food
Cocktail Lounges
Delicatessens
Dry Cleaners
Electrical Appliance Stores
Florists
Garden Supplies
Grocery Stores
etc. etc. etc.
Mr. Henning said approximately half of the uses allowed in the City
are contained in these listings. Half the uses in Chapter 28 have
been eliminated, which deal with food, garbage and the type of business
that would have either an odor or the type of trash that would be a
problem to the nearby residences or possibly high traffic areas such
as amusements, alcohol, etc.
-32- 12/28/83
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V/M Massaro said that the residents and the developer did get
together and arrived at what they could live with.
Mayor Falck said this is First Reading of the Ordinance, and
the Second Reading will take place on January 25. He said the
chair will entertain discussion by any member of the public
as relates to any of the things discussed here, specifically in
regard to the covenant and the business types.
Mrs. Beech asked whether there is a time limit on the covenant;
and the City Attorney said there is not.
The public hearing was closed.
Mayor Falck suggested Council approve the proposal on First
Reading. It will be scheduled for the 25th and the residents
will be notified that this will be heard on that day at 2:00 P.M.
at which time Council will give this matter additional consideration.
V/M Massaro said she had stated Mr. Henning would have this available
by the third of January. However, since the Second Reading is on
January 25, she is wondering whether Mr. Henning could be permitted
to have until January 10; and the Mayor said that would be acceptable.
V/M Massaro MOVED the adoption of Rezoning Petition #3-Z-82,
Temp. Ord. #1081 on First Reading, for Lakes of Carriage Hills, Inc.
SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
c) V/M Massaro MOVED this item be tabled to the Second Reading
on the 25th. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
41. Lakes of Carriage Hills - Discussion and possible action on:
a) Renewal of a model sales permit for a facility located at
6180 Rock Island Road (tabled from 12/14/83).
b) Performance bond posted for the lakes and uncompleted
improvements .for Phase I.
SYNOPSIS OF ACTION: a) Present permit
extended to meeting of 1/25/84. Authorization
given for building permit or permit for
beautification of model sales facility.
b) TABLED to meeting of 1/11/84.
a) V/M Massaro MOVED to extend the present permit to the meeting of
the 25th and that they be authorized to get a building permit or do any
beautification they want to, around the model sales, with no ties
attached to this. SECONDED by C/M Krantz.
Mr. Richard Rubin stated that the revised site plan has already
been approved for the model sales area and if the developer complies
with all the requirements Council placed on the site plan, there
should be no problem in obtaining the building permit.
VOTE: ALL VOTED AYE
-33- 1.2/28/83
/r
b) V/M Massaro MOVED this item be tabled to the meeting of
January 11, 1984. SECONDED by CIM Kravitz.
VOTE:
ALL VOTED AYE
THE MEETING WAS RECESSED AT 6:10 TO BE RECONVENED ON
TUESDAY, JANUARY 3, 1984.
,-l", 1
FIAY O
ATTEST:
ASSISTANT CITY CLERK
This public docui�ient was proi�iulgated at a cost. of $209. GO or Y8. 04
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.
APPROVE® Al MEMCity