HomeMy WebLinkAbout1983-04-27 - City Commission Regular Meeting Minutes0-r
P.O. BOX 25010
TAMARAC, FLORIDA 33320
FIRST CLASS MAIL
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, APRIL 27, 1983
CALL TO ORDER: 10:00 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The Chair at
this time will announce those items which have been given a
specific time to be heard, and will entertain motions from
Council members to table those items which require research.
Council may agendize by majority consent matters of an urgent
nature which have come to Council's attention after publication.
PRESENTATIONS AND AWARDS
1 Employee Service Award - Presentation by City Manager 4/27, Pg. 3,
�tuurmans of a five-year pin to Sharon Ellis, Recreation AWARD PRESENTED
Director.
2. Law Enforcement - Presentation of a proclamation by Mayor 4/27,Pg. 3,
Falck designating May 15, 1983, as "Police Memorial Day", and PROCLAMATION
May 15 - 21, 1983, as "National Police Week". PRESENTED
3.
LA v
6i
Small Business Week - Presentation of a proclamation by Mayor 4/37,Pg. 3,
Falck designating the week beginning May 8, 1983, as "Small PROCLAMATION
Business Week". PRESENTED
Hospital Week - Presentation of a proclamation by Mayor Falck 4/27,Pg. 3,
designating May 8 - 14, 1983, as "Hospital Week". PROCLAMATION
PRESENTED
.National Consumers Week - Pres-entation of a proclamation by 4/37,Pg. 3,
Mayor Falck designating the week beginning April 24, 1983, as PROCLAMATION
"National Consumers Week". SENT
COMMITTEES
6. Board of Consumer Affairs - Temp. Reso. #2665 Discussion and 4/27,Pg. 3,
possible action to appoint twelve 12 ni(�_m`bers (tabled from a) Agend. by Con
4/13/83) Pgs.4 & 5,
TABLED to 5/11/8
CONSENT AGENDA atu.
7. Items listed under Item #7, Consent Agenda, are viewed to be
routine and the recommendation will be enacted by one motion
in the form listed below. There will be no separte 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 3/3/83 - Special Meeting - Approval recommended by
City Clerk.
b) Minutes of 3/9/83 - Regular Meeting - Approval recommended by
City Clerk.
4P7,Pg. 5,
APPVD. a) throup
n). City Mgr. tc
send copy of
M. Ceasar's
last report to
Council members
c )
PAGE TWO
Minutes of 3/15/83 - Special Meeting - Approval recommended by\
City Clerk. I
d) Minutes of 3/23/83 - Regular Meeting - Approval recommended by
City Clerk.
e) Mitchell Ceasar - Grants Consultant - 4/14/83 - $1,250.00 -
Approval recommended by City Manager.
f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer -
3/9/83 - $651-25 - Approval recommended by City Engineer.
g) Mid South Engineering Company - Services concerning N.W. 26
Terrace 4/6/83 - $264.60 - Approval recommended by City
Manager.
h) Milledge Hermelee - Special Counsel concerning Fort Lauder-
dale Executive Airport - 4/14/83 - $500.00 - Approval re-
commended by City Attorney.
i) Howard, Brawner & Lovett - Special Counsel regarding Large
User Agreement with Broward County - 4/4/83 - $937.50 -
Approval recommended by City Attorney.
j) Superior Reporting, Inc. Leadership Housing Systems, Inc. et
al. vs City of Tamarac 1/28/83 - $84.00 - Approval re-
commended by City Attorney.
k) Jay H. Pilchick & Associates, Inc. Leadership Housing vs
City of Tamarac - 4/18/83 - $273-00 Approval recommended by
City Attorney.
1) Ticon, Inc. - Rezoning Petitions #21-Z-82, #22-Z-82, and
#23-Z-82 - Approval to extend the tabling action to the Counci'
meeting of 5/11/83 as requested by the petitioner.
m) N.W. 61 Street - Agreement regarding Realignment - Approval to
extend the tabling action to the Council meeting of.5/11/83.
n) Alan F. Ruf - Consulting City Attorney - 4/22/83 - $705.00 -
Approval recommended by City Attorney.
GENERAL ADMINISTRATIVE/FINANCIAL
8. Charter Board - Discussion and possible action on a request
for part-time stenographic assistance and appropriate budget
transfer to fund personnel services.
9. Pension Plan - Temp. Ord. #1023 - Discussion and possible
action to amend the employee retirement plan concerning the
"Plan Year",, the normal retire:lient date and benefit for police
officers and firefighters, member contributions, disability
benefit and Medical Board. First Reading. (tabled from
4/13/83).
10. Tamarac Park - Discussion and possible action to approve the
purchase of fencing and picnic tables (tabled from 4/13/83).
11. Summer Recreation Program - Discussion and possible action to
approve the fee schedule for enrollment.
12. Auditing Services - Discussion and possible action on a pro-
Posal from Alexander Grant & Co. to perform an internal control
..audit.
13. Broward League of Cities Business - Discussion and possible
a c t i o n .
4/27,Pg. 6,
APPROVED
4/27, Pg. 6,
APPROVED ON
FIRST READING
4/27, Pg. 2,
TABLED TO MEE�
ING OF 5/11/8'
AT REQUEST OF
CITY MANAGER
4/27,Pg. 4,
A T)r)Dnl ILI T%
4/Z/3rg. -LU,
ALEX. GRANT C(
HIRED FOR
$10,000.00
4/27,Pg. 26,
REPORT BY
MAYOR FALCK
PAGE.THREE
PUBLIC HEARINGS - 2:00 P.M.
14. All Service Refuse Co. - Commercial Garbage Collection Fran-
chise - Tem_p. Ord. #1024 - Discussion and possible action t—o
renew this franchise for one year. Second Reading.
15. Browning Ferris Industries of Florida, Inc. Commercial Gar-
ba_ge Collection Franchise - ItTp. Ord. #1025 Discussion and
possible action to renew this franchise for one year. Second
R e a d i n g .
16. Industrial Waste Services, Inc. - Commercial Garbage Collec-
tion Franchise - TL. Ord. #1026 - Discu sion and possible
action to renew this franchf—sefor one year. Second Reading.
17. County Waste, Inc. - Commercial Gar.bage Collection Franchise
Temp. Ord. #1027 - Di—scussion and possible action to renew —
this franchise for one year. Second Reading.
18. Ronkoma_Corporation - Commercial Garbage Collection Franchise,
Temp. Ord. #1028 - Discussion and possible action to renew
this franchise for one year. Second Reading.
19. Southern Sanitation Service Commercial Garbage Collection
Franchise - Temp. Ord. #1029 Discussion and possible acti,on
to —renew this franchise for —one year. Second Reading.
20. Woodlands Section 1 - Vacation of Utility Easement - IL21p.
Ord. #1030 - Discussion and possible action to vacate portion!
Of two utility easements on Lot 4, Block 50. Second Reading.
21. Exxon Company, U S.A. - Limited Parking Waiver - Petition
#4-Z-83 - Temp. Reso. #2683 - Discussion and possible action
to grant a limited waiver of the parking requirements in
Section 18 of the Code for a proposed service station to be
located at the southwest corner of Southgate Boulevard and
N.W. 88 Avenue.
COMMUNITY DEVELOPMENT
22. Program Underwriters - Revised Site Plan - Temp. Reso. #2655 -
Discussion a�_d —Possible—action to approve a revi'sed site plan
for dumpster relocation (tabled from 3/23/83).
23. Southgate Gardens., Inc. - Discussion and possible action on a
request for an extension of time for obtaining Engineering
permits.
24. McNab Plaza Nort� �Sheppard Plaza) - Bond Release - Temp.
Reso. #2669 - Discussion and possible action to release a
performance bond posted for drainage on University Drive upon
receipt of a one-year warranty bond (tabled from 4/13/83)..
25. Heftler Homes - Discussion and possible action on:
a) Reconsideration of request to release bonds posted as a
warranty against construction defects for the following
homes by Temp. Reso. #2679:
1) Block 1, Lot 4
2) Block 1, Lot 5
3) Block 1, Lot 6
(tabled from 4/13/83)
b) Streetlight fees
26. Tamarac Fina Service Station and Convenience Store - Dis-
cussion and possible action on:
a) Site Plan - Temp. Reso. #2684
b) Landscape Pl—an
(located at 2401 W. Commercial Boulevard)
4/27,Pg. 18,
APPVD. ON
SECOND READING
4/27,Pg. 18,
APPVD. ON
SECOND READING
4/27,Pg. 18,
APPVD. ON
SECOND READING
4/27,Pg. 19,
APPVD. ON
SECOND READING
4/27,Pg. 19,
APPVD. ON
SECOND READING
4/27,Pg. 19,
APPVD. ON
SECOND READING
4/27,Pg. 20,
APPVD. ON
SECOND READING
4/27, Pg. 19,
PUBLIC HEARING
HELD. ACTION
TABLED TO
5/11/83 MEETTNI
4/27,Pg. 2,
IABLED TO
5/11/83 MEETINi
4/27,Pg. 4,
APPVD. TO
5/25/83.CTTY
MGR. TO CONTAC'
RE DEFAULT IN
GUAR.REVENUES
4/27,Pg. 9
APPVD.
4/27,Pg. 22,
TABLED TO NO
LATER THAN
5/25/83 MEETIN
4/27, Pg. 1,
c) AGEND. BY
CONS.
Pgs. 7 & 8,
A) and b) APPV
WITH COND. 0
APPVD. AS
WRITTEN
PAGE FOUR
27. Tamarac Lakes South - Site Plan - Temp. Reso. #2685 - Dis-
cussion and possible action to approve an ingress/egress
driveway between Lots 42 and 43 of Block 16 as requested by
Golf Tam, Inc.
Mainlands Section 8 - Revised
F—scussion and possible action
for a garbage can enclosure at
S i t e
to
the
Plan - Temp. Reso. #2686 -
approve a revised site plan
clubhouse.
29. Mainlands Section 3 - Revised Site Plan - Tern . Reso, #2687 -
PI-scussion and possible action to approve a _ revised site plan
p
for conversion of a portion of the barbeque pit to a storage
room.
30. Lakeside Plaza - Revised Site Plan - Temp. Reso. #2688 - Dis-
cussion and possible action to approve a revised site plan
for additional sidewalks and revision of parking requirements
31. Shell Oil Company - Revised Site Plan - TernE. Reso. #2689 -
Tf-s--cussion and possible action to approve a revised site plan
for an addition of a convenience store at McNab Road and
University Drive.
32. Woodmont Tract 62 - Revised Site Plan - Temp. Reso. #2690 -
ussion and possible action to approve a revised site plan
for relocation of a ground sign.
33. Kings Point - jf_mp.._Reso. #2691 - Discussion and possible
action to approve a covenant pertaining to maintenance of
medians for a certain portion of Nob Hill Road.
34. Wellens Furniture CoTILny - Sign Waiver - Temp, Reso. #2692 -
Discussion and possible action to extend a sign waiver to
allow a ground directional sign west of the entrance driveway
at 3801 W. Commercial Boulevard.
35. Woodmont Tract 70 - Model Sales Facility - Discussion and pos
sible action to renew a model sales permit and waiver of the
150-foot distance requirement for certificates of occupancy.
36. Colony West Country Club - Discussion and possible action on:
a) Construction of sidewalks (tabled from 4/28/82).
b) Guardrail on McNab Road
c) Recommendation of City Engineer to call a performance bond
posted for public improvements - Temp. Reso. #2674 (tabled
from 4/13/83).
37. Mannino's Restaurant - Temp._Reso. #2693 - Discussion and pos.
sible action on a request to transfer a special exception for
consumption of beer and wine to Anna Maria Restaurant, Inc.,
d/b/a Pier 441 West at 8765 N.W. 57 Street.
38. Drainage Improvements in the City Discussion and possible
a c t i o n :
a) Solo Construction Corporation 1982 Storm Drainage
Improvements - Mainlands 7 - Approval to pay Estimate #4
(Final) in the amount of $10,768.64.
b) Reports
M. F W offiffli W, 4
39. City Council
40. City Manager
41. City Attorney
4/27, Pg. 13,
TABLED TO
5/11/83 MTG.
4/27,Pg. 9,
APPVD.
4/27, Pg. 9,
APPVD. WITH
CONDITIONS
4/27, Pg-.� 21,
APPVD. WITH
CONDITIONS
4/27, Pg. 1,
a) AGEND. BY
CONSENT.
Pg. 8,APPVD.
SUBJECT TO
PAYMENT OF
BEAUT. FEES.
a) APPVD. WIT
RECEIPT OF CH
4-[2-7-,Pg-. 23,
APPVD. AS
WRITTEN
4/37, Pg. 23,
APPVD. FOR SI
MONTHS
4/27, Pg. 24,
TABLED FOR
CONTACT BY
CITY MCR.
4/27, Pg. 2,
a) & 0 REMOV
Pg. 24, CITY
MGR. & CITY E
TO INVESTIGAT
c) BOND EXTEN
4/27, Pg. 12,
APPVD. WITH
CONDITIONS
4/27, Pg. 24,
a) APPVD. FOR
$11,583.90.
Pg. 26,b) CIT
MGR. AUTH. TO
OBTAIN REPORT
FROM CITY ENG
PUBLIC HEARING - 5:05 P.M.
42
PAGE FIVE
Moratorium in Land Section
7 - Tem_p. Ord.
#1020 - Dis-
4/27, Pg.
27,
cussion and possible
action
to establish
a moratorium on.
PUBLIC HEARING
developments in Land
Section
7 designated
as "Industrial"
TABLED TO
5/25/8:
on Tamarac's Land Use
Plan
for a specific
period of time
MTG. MORAT. TO BI
until the completion
of the
Industrial Planning
Study.
IN EFFECT
AND NO
Second Reading.
WORK DONE
IN
AREA
City Council may consider such -other business as may come before
i t .
Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 368;
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 pro-
ceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
CITY OF TAMARAC
Carol A. Evans
Assistant City Clerk
Following are the residential and commercial zoning districts in
the City:
R-1 -
Single Family Residence
R-IB &
R-lC -
One -Family Dwelling
R-2 -
Two -Family Dwelling
RD-7 -
Two -Family Dwelling
R-3U -
Row House
R-3
Low Density Multiple Dwelling
RM-5
Residential Multi -Family
Dwelling
RM-10
Planned Apartment
R-4A
Planned Apartment
R-5 -
Motel/Hotel
B-1 -
Neighborhood Business
B-2
Planned Community Business
B-3
General Business
B-5
Limited Business District
B-6
Business District
S-1
Open Space/Recreational
I-1
Institutional
M-1
Light Industrial
M-2 -
Medium Industrial
A-1 -
Limited Agricultural
A-5 -
Agricultural/Excavation
T-1 -
Trailer Park District
43. Investment Committee - Temp. Reso. #2694 - Discussion and possible action
to establish this committee setting forth the duties and appointing
members thereto/
4/27, Pg. 1,
AGEND. BY CONS.
Pg. 25, TABLED 7
5/11/83 MTG.
44. Op2osin� the Governor's 1983 Report on.SecondjrX Education. Temp. Reso. - 4/27, Pg. 2,
Discussion and possible action. AGEND. BY CONS.
Pg. 25, APPVD.
45. Uniform Munici]2al Election Dates PrUosal - House Bill - 1143 - Tea.
Reso. #2696. - Discussion and possible action.
46. Authorization for the CiV Attorney to Prep�.re a Resolution Protesti
Sovereiv:n Immunity - Discussion and possible action.
4/27, Pg. 18,
AGEND. BY CON
Pa. 25. APPVD
. L 4/27, Pg. 27,
AGEND. BY CON
CITY ATTY. AU
TO PREPARE RE
I _1
CITY OF TAMARAC, FLORIDA
REGULAR CITY COUNCIL MEETING
APRIL 27, 1983
Tape CALL TO ORDER: Mayor Falck called the meeting to order on Wednesday,
I April 27, 1983, at 10:00 A.M. in the Council Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice Mayor Helen Massaro
Councilman Philip B. Kravitz
Councilman David E. Krantz
Councilman Jack Stelzer
ALSO PRESENT
Laura Z. Stuurmans, City Manager
Jon M. Henning, City Attorney
Carol A. Evans, Assistant City Clerk
Patricia Marcurio, Secretary
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Falck called for a Moment of
�_ilent Meditation followed by the Pledge of Allegiance,.
Mayor Falck greeted everyone present and the Assistant City Clerk read
the times assigned to specific items into the record.
26. Tamarac Fina Service Station and Convenience Store - Discussion
and possible action on:
a) Site Plan - Temp. Reso. #2E84
b) Landscape Plan
(located at 2401 W. Commercial Boulevard)
c) Water Retention Agreement
SYNOPSIS OF ACTION: Item c),Agendized by
Consent. (See Pages 7 & 8).
V/M Massaro MOVED to Agendize by Consent, subsection c), Water Retention
Agreement, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
31. Shell Oil CompIny - Revised Site Plan - Temp. Reso. #2689 - Dis-
cussion and possible action to approve a revised site plan for an
addition of a convenience store at McNab Road and University Drive.
a) Water Retention Agreement.
SYNOPSIS OF ACTION: Item a), Agendized by
Consent. (See Page 8).
V/M Massaro MOVED to Agendize by Consent, subsection a), Water Retention
Agreement, SECONDED by C/M Krantz.
V 0 T E :
ALL VOTED AYE
43. Investment Committee - Temp. Reso. #2694 - Discussion and possible
a c t i o n -
SYNOPSIS OF ACTION: A�endized by
Consent. (See Page 25 -
V/M Plassaro MOVED to Agendize by Consent, Temp._Reso. #2694, Investment
Committee, discussion and possible action to establish this committee
setting forth the duties and ap—po) nti ng membe'rs the —re -to-, SECONDED by
C/M Stelzer.
VOTE: ALL VOTED AYE
4/27/83
/pm
[ 7 1
17 __�
44. Opposing the recommendations contained in the 1983 Report on
Secondary Education by the Governor's Commission on SecQpjary
Schools - Temp. Reso. #2695 - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by
Consent. (See Page 25).
V/M Massaro MOVED to Agendize by Consent, Temp. Reso. #2695, discussion
and possible action to oppose the recommendations contained in the 1983
Report on Secondary Education by the Governor's Commission on Secondary
Schools, SECONDED by C/M Krantz.
v nT F -
ALL VOTED AYE
10. Tamarac Park - Discussion and possible action to approve the purchase
of fencing and picnic tables (tabled from 4/13/83).
SYNOPSIS OF ACTION: TABLED to the
5/11/83 meeting at the request of the
City Manager.
V/M Massaro said the City Manager has recommended that this item be
TABLED to the 5/11/83 meeting, and she so MOVED. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
21. Exxon Company, U.S.A. - Limited Parking Waiver - Petition #4-Z-83 -
Tem_p_. Reso. #2683 - Discussion and possible action to grant a limited
waiver of the parking requirements in Section 18 of the Code for a
proposed service station to be located at the southwest corner of
Southgate Boulevard and NW 88 Avenue.
SYNOPSIS OF ACTION: (See Pages 19 & 20).
V/M Massaro MOVED to TABLE this item to the 5/11/83 meeting since neither
the applicant nor the City are ready for this item. SECONDED by C/M
Krantz.
The City Manager pointed out that this item is listed under Public Hearings
on the agenda. V/M Massaro questioned whether Council would have a right
to act on this item since it has been tabled by the Planning Commission
and Jon Henning said it would be legal to table this but it would have
to be readvertised. The Assistant City Clerk said that the action of
the Planning Commission was Denial and V/M Massaro withdrew her MOTION
and this item will be called under Public Hearings.
36. Colony West Country Club - Discussion and possible action on:
a) Construction of sidewalks (tabled from 4/28/82).
b) Guardrail on McNab Road
c) Recommendation of City Engineer to call a performance bond posted
for public improvements - Temp. Reso. #2674 (tabled from 4/13/83).
SYNOPSIS OF ACTION: Subsections a) and
7c -were REMOVED from the agenda. (See Page 24).
V/M Massaro MOVED to REMOVE subsections a) and c) from the agenda since
the sidewalks are being constructed and the performance bond is on hand,
SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
22. Program Underwriters - Revised Site Plan - Temp. Reso. #2655 - Dis-
cussion and possible action to approve a revised site plan for
dumpster relocation (tabled from 3/23/83).
SYNOPSIS OF ACTION: TABLED to the
T/I -1/83 meeting.
- 2 -
4/27/83
/pm
L/
� r r
V/M Massaro MOVED to TABLE this item to the 5/11/83 meeting, SECONDED
by C/M Krantz.
VOTE: ALL VOTED AYE
6. Board of Consumer Affairs - Temp. Reso. #2665 - Discussion and pos-
sible action to appoint twelve 12 members tabled from 4/13/83).
a) Temp. Ord. #1031 - appointing an honorary member
SYNOPSIS OF ACTION: Item a) was
Agendized by Consent. (See Pages 4 & 5).
C/M Kravitz MOVED to Agendize by Consent, subsection a) appointing an
honorary member, Temp. Ord. #1031, SECONDED by C/M Stelzer.
ALL VOTED AYE
PRESENTATIONS AND AWARDS
2. Law Enforcement - Presentation of a proclamation by Mayor Falck
designating May 15, 1983, as "Police Memorial Day", and May 15 -
21, 1983, as "National Police Week".
SYNOPSIS OF ACTION: Proclamation was
presented to Police Chief McIntosh.
Mayor Falck read the proclamation into the record and commended the
Police Department on their fine work. He presented this proclamation
to Police Chief Joseph McIntosh.
3. Small Business Week - Presentation of a proclamation by Mayor Falck
designating the week beginning May 8, 1983, as "Small Business Week".
SYNOPSIS OF ACTION: Proclamation was
presented to Mr. Hershenson of the
Tamarac Chamber of Commerce.
Mayor Falck read the proclamation into the record and presented it to
Mr. Hershenson of the Tamarac Chamber of Commerce.
4. Hospital Week - Presentation of a proclamation by Mayor Falck
designating May 8 - 14, 1983, as "Hospital Week".
SYNOPSIS OF ACTION: Proclamation was
presented to Christine Woodall of
University Hospital.
Mayor Falck read the proclamation into the record and presented it to
Christine Woodall of University Hospital.
5. National Consumers Week - Presentation of a proclamation by Mayor
Falck designating the week beginning April 24, 1983, as "National
Consumers Week".
SYNOPSIS OF ACTION: Proclamation was
sent to Virginia Knauer, Special Assistant
to the President on Consumer Affairs.
Mayor Falck said this proclamation was issued and sent to Mrs. Virginia
Knauer's office at her request.
1. Em to ee Service Award - Presentation by City Manager Stuurmans of a
five-year pin to Sharon Ellis, Recreation Director.
SYNOPSIS OF ACTION: Five-year pin
was presented to Sharon Ellis, Recreation
Director.
3 -
4/27/83
/pm
The City Manager presented Sharon Ellis, Recreation Director, with a
five-year pin.
GENERAL ADMINISTRATIVE/FINANCIAL
11. Summer Recreation Program - Discussion and possible action to
approve the fee schedule for enrollment.
SYNOPSIS OF ACTION: APPROVED.
Laura Stuurmans said Sharon Ellis has supplied Council with two memos
regarding her proposals for the summer recreation program. She has set
forth the dates, the estimated registration, her views regarding fees
and charges for resident and non-resident children and the various dates.
She said Sharon Ellis's reports were complete and she indicated that
monies have been provided within the budget this year which will cover
the cost of personnel services for the Directors to support the summer
program. She said the budgeted anticipated revenues from the fees and
the budgeted payroll costs are within line and she suggested Council's
approval. She said the City is negotiating at this time with the school
for use of an additional room and, following the completion of those
negotiations, there will be a lease to present to Council.
V/M Massaro asked the City Manager if the budgeted amount plus the
anticipated revenue would total the.a.m.Q_un..t of ..money needed t_o finance
program rogram and Laura Stuurmans said Sharon Ellis's payrotl.projecton
is for $12,290 and her anticipated receipts for enrollment is $12,34.0.
The City Manager said those costs for personnel services are already
within the budget and this would be self-sustaining- C/M Krantz asked how
this amount compares with last year and Sharon Ellis said it is the same,
they have not increased salaries for three years. She said the fee is
higher this year. She said they had to supplement this last year because
of a problem with enrollment.
V/M Massaro asked how much of the enrollment from non-residents is being
subsidized by the City and Sharon Ellis said a non-resident pays an
additional fee and the program is almost 99% Tamarac residents. C/M
Kravitz MOVED the ACCEPTANCE of the fee schedule for enrollment for the
coming year, SECONDED by V/M Massaro.
VOTE:
COMMUNITY DEVELOPMENT
ALL VOTED AYE
23. South_qate Gardens, Inc. - Discussion and possible action on a
request for an extension of time for obtaining Engineering permits.
SYNOPSIS OF ACTION: APPROVED to 5/25/83
and the City Manager is to contact them
since they are in default with their
guaranteed revenues.
V/M Massaro said they have not begun work as yet and she recommended they
be given an extension of approximately 30 days, to 5/25/83,at which time
something positive should have been done, and she so MOVED. SECONDED by
C/M Krantz. V/M Massaro suggested the City Manager contact them since they
are in default with their guaranteed revenues.
VOTE: ALL VOTED AYE
COMMITTEES
6. Board of Consumer Affairs - Temp. Reso. #2665 - Discussion and possible
action to appoint twelve (12) members tabled from 4/13/83)
a) Temp. Ord. #1031 - Appointing honorary members.
SYNOPSIS OF ACTION: TABLED to the 5/11/83
meeting. a Agendized by Consent. TABLED to
the 5/11/83 meeting. (See Page 3).
- 4 -
4/27/83
/pm
f �J
Jon Henning read the Ordinance by title and he said he put together an
Ordinance at C/M Kravitz's request and he read the language of sub-
section (c): "Honorary members. The City Council may appoint as many
honorary members to the Board of Consumer Affairs as it deems necessary,
Such honorary members shall have no voting powers, shall be non -active
and shall be in addition to the twelve regular members provided in this
section. Honorary members shall be appointed by Resolution of the Council
for a period of time to be determined by Council".
V/M Massaro said she does not approve of having an unlimited amount of
honorary members and she did not approve of their being non -active members
Jon Henning said it was requested by C/M Kravitz that there be only one
honorary member but he took it upon himself,because of the way the
Beautification Committee is working, to put this language in. V/M
Massaro said she felt it was insulting to appoint an honorary member
without giving them full voting powers. C/M Kravitz said it was his
suggestion to establish one honorary member only and this member may be
active on the Committee but would not be an actual member of the Committee.
C/M Stelzer said honorary members normally give input to the Committees
but do not have voting powers. V/M Massaro MOVED to TABLE this compTete item
for further consideration, SECONDED by C/M Krantz.
VOTE:
CONSENT AGENDA
7. Consent Aqenda
ALL VOTED AYE
a) Minutes of 3/3/83 - Special Meeting - Approval recommended by
City Clerk.
b) Minutes of 3/9/83 - Regular Meeting - Approval recommended by
City Clerk.
c) Minutes of 3/15/83 - Special Meeting - Approval recommended by
City Clerk.
d) Minutes of 3/23/83 - Regular Meeting - Approval recommended by
City Clerk.
e) Mitchell Ceasar - Grants Consultant - 4/14/83 - $1,250.00 -
Approval recommended by City Manager.
f) Williams, Hatfield & Stoner, Inc. - Consulting Engineer - 3/9/83 -
$651.25 - Approval recommended by City Engineer.
g) Mid South Engineering Company - Services concerning.NW 26 Terrace -
4/6/83 - $264.60 - Approval recommended by City Manager.
h) Milledge & Hermelee - Special Counsel concerning Fort Lauderdale
Executive Airport - 4/14/83 - $500.00 - Approval recommended by
City Attorney.
i) Howard, Brawner & Lovett - Special Counsel regarding Large User
Agreement with Broward County - 4/4/83 - $937.50 - Approval
recommended by City Attorney.
j) Superior Reporting, Inc. - Leadership Housing Systems, Inc. et
al. vs City of Tamarac - 1/28/83 - $84.00 - Approval recommended
by City Attorney.
k) Jay H. Pilchick & Associates, Inc. - Leadership Housing vs City
of Tamarac - 4/18/83 - $273.00 - Approval recommended by City
Attorney.
1) Ticon, Inc. - Rezoning Petitions #21-Z-82, #22-Z-82 and #23-Z-82 -
Approval to extend the tabling action to the Council meeting of
5/11/83 as requested by the petitioner.
m) NW 61 Street - Agreement regarding Realignment - Approval to
extend the tabling action to the Council meeting of 5/11/83.
n) Alan F. Ruf - Consulting City Attorney - 4/22/83 - $705.00 -
Approval recommended by City Attorney.
SYNOPSIS OF ACTION: APPROVED Items a)
through n . The City Manager was asked
to get a copy of Mitch Ceasar's last report
to Council members.
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/pm
C/M Kravitz requested a written report from Mitch Ceasar and he requested
the City Manager follow up on this. C/M Kravitz MOVED to APPROVE Items
Tape a) through n), SECONDED by C/M Krantz.
2
VOTE:
ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
8. Charter Board - Discussion and possible action on a request for part-
time stenographic assistance and appropriate budget transfer to fund
personnel services.
SYNOPSIS OF ACTION: APPROVED.
The City Manager said members of Council have received a request from
the Charter Board along with recommendations she made after review of
the situation, the fact that they have moved into their own facility on
the first floor and the v.orkload of present eriployees upstairs. It would
facilitate the work of the Board and be helpful to the Administration to have
a part-time individual to help with the Charter Board. She said there
is a requirement for a $2,000 transfer from the Contingency fund to
Charter Board regular salaries and Charter Board FICA taxes in order to
expedite this.
C/M Kravitz MOVED to APPROVE the budget amendment (See Attachment 1) that
$2,000 from Line Item #001-872-581-901 of the budget named "Contingency"
be transferred to Line Item #001-167-519-210 for $1,900 (and Line Item
#0p1-_161-519-21-0--.for S1QIl) which......w.nUld- LO to the. -Charter C_aa_r.d. requl.br
salaries and FICA taxes. SECONDED by C/M Krantz and he asked the City
Manager if this amount will cover the part-time stenographer for a full
year. The City Manager said this is for the balance of the fiscal year.
VOTE: ALL VOTED AYE
9. Pension Plan - Temp. Ord. #1023 - Discussion and possible action to
amend the employee retirement plan concerning the "Plan Year", the
normal retirement date and benefit for police officers and fire-
fighters, member contribution, disability benefit and Medical Board.
First Reading. (tabled from 4/13/83).
SYNOPSIS OF ACTION: APPROVED on
first reading.
Jon Henning read the Ordinance by title and Mayor Falck said on 4/18/83 he
sent Council a detailed explanation of all the changes proposed in
connection with this Ordinance. He said the additional benefits that
are being requested by the Police and Fire are being paid for by them.
He said their contribution will be increased from the 1% the Plan originally
provided for to 5% which will provide them with additional benefits on
retirement. He said the other items he commented on are items that will
help the plan to be a better one and protect it. He said at the present
time the disability provision states that if the individual can no longer
perform active work in his particular department, he is considered totally
disabled. He said this is in conformance with the Workers Compensation
law that existed at the time this plan was adopted and since that time
it has been changed by the State and the individual who is disabled has
been encouraged to take other work and employers have been encouraged to
hire these people in order to prevent the Workers Compensation and Pension
Plans from "going broke".
C/M Kravitz said at last night's Charter Board meeting it was pointed out
to the City Attorney that the Ordinances should be read in full so that
their complete content can be known to the public. Mayor Falck said this
was done at one time and Mr. Birken, past City Attorney, suggested that
they be posted and use the title only in essence of time. C/M Stelzer
commended Mayor Falck on his detailed explanation of the Pension to
Council members and all the other Council members concurred.
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4/27/83
/pm
J
C/M Krantz pointed out that the Beautification Committee is currently
conducting a Workshop on a Sign Ordinance which is 31 pages long and
the length of the Ordinance would have to be considered.
V/M Massaro MOVED that Temp. Ord. #1023 be APPROVED on first reading
and any recommendations may be considered before the second reading.
SECONDED by C/M Krantz. Mayor Falck said any changes or modifications
to the existing Pension Plan must be accompanied by a statement of
effect that this proposed change would have on the existing Pension
Plan.
VOTE:
COMMUNITY DEVELOPMENT
26. Tamarac Fina Service
and possible action
a) Site Plan - T—emp.m
b) Landscape Plan
ALL VOTED AYE
Station and Convenience Store - Discussion
on:
Reso. #2684
c) Water Retention Agreement
(located at 2401 W. Commercial Boulevard)
SYNOPSIS OF ACTION: RESOLUTION NO. R— L_:3 -7/ _PASSED.
a and b APPROVED with
conditions, c) Agendized
by consent. (See Page 1). APPROVED as written.
a_) Jon. Henning read the Resolution by title and Richard Rubin said i n Ja_nuarX,.
1983. The Fina Station came to the City with a proposal to reconstruct their
station located on Commercial Blvd. and Prospect Ave. He said since
this site predates many of the City's Ordinances, it was necessary for
the applicant to go to the Board of Adjustment in order to allow him
to proceed with the review. The Board of Adjustment reviewed the
application and determined that they would allow reduction of the size
of the site because of right--of-way which was required for Commercial
Blvd. which was not a self-imposed hardship and they made several
conditions to the usage of the site. He said the site is just over
half an acre in size, is zoned B2 and the station is planned to be
constructed with a convenience store.
V/M Massaro listed the conditions that were necessary for approval which
were agreed to by Mark Thompson, representative for Darby and Way:
1. Expand the right hand turn lane to include a deceleration lane on
Prospect Rd.
2. The regrading of the asphalt parking area in the rear. The entire
site shall be resurfaced with 1-1/2" of asphalt over 8" of compacted
limerock to accommodate the heavy truck traffic. Drainage will flow
into the existing catchbasins at the north of the site as well as
the culverts along Commercial Blvd.
3. Slot culverts must be installed in both driveways for the full width.
4. Reinforce the retention wall at the southwest corner, the north side
of Commercial Blvd.
S. Replace part of the 4' sidewalk on the eastern part of the property
to connect to the existing sidewalk where it is broken. This must
be sloped to avoid the lip that now exists and grass must be cut
to expose the sidewalk. The applicant volunteered to do this.
6. The development must be in conformance with the approved variance
of the Board of Adjustment, #4-Z-82.
7. All air conditioning equipment shall be placed below the roof parapet.
8. All gas delivery and trash removal shall be between 8:00 a.m. and
5:00 p.m. as agreed by the oil company and the service station
manager and dealer.
9. In unloading the gasoline trucks, as much of the fumes as possible
be eliminated.
10. There will be no on -site repairs, storage of cars or car washing.
This would be a strict violation and will be enforced.
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J
[. 1
V/M Massaro MOVED that the site plan be APPROVED subject to all the
items that have been discussed and red marked and signed on the plan
by the representative of the Fina Station. She said there will be no
storage of cars, trucks or U-hauls. SECONDED by C/M Kravitz.
VOTE:
ALL VOTED AYE
b) Landsca e Plan - V/M Massaro said everything has been included that
has been required but the following are amendments to this Plan:
1. Berm the landscape strip along Commercial Blvd., free -flowing,
1' higher than the existing parking lot.
2. Replace 6 live oaks in rear with 14' mahoganies.
3. All plant materials there now shall be removed.
4. All sod will be bahia.
5. Place hedge around southwest parking space.
6. This will be completely sprinklered with rust -free water.
All of these amendments were agreed to by Mr. Thompson.
V/M Massaro MOVED that the Landscape Plan as amended and as red marked
on the plan and indicated verbally,be APPROVED, SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
c) Water Retention Agreement - V/M Massaro said there are fees required:
1,036.00 - Drainage Retention
76.96 - Drainage Improvements
1,112.96
Mr. Thompson submitted this check to the Assistant City Clerk.
Ruth Mitchell asked if the wall could be installed first to avoid
some of the debris in that area and V/M Massaro said this is a good
suggestion if the contractor can work it out. V/M Massaro MOVED that
the Water Retention Agreement be APPROVED as written and that the
proper persons be authorized to sign for the City. SECONDED by C/M
Krantz.
VOTE:
ALL VOTED AYE
Tape V/M Massaro commended the applicant for their cooperation on this
3 project.
31. Shell Oil Company - Revised Site Plan - Temp. Reso. #2689 -
D_iscussion and possible action to approve a revised site plan
for an addition of a convenience store at McNab Road and University
Drive.
a) Water Retention Agreement
SYNOPSIS OF ACTION: APPROVED subject
to fees being paid for changes in
beautification.
a) Agendized by Consent. (See Page 1).
APPROVED with receipt of check.
RESOLUTION NO. R —�,3 — �� PASSED.
The City Manager read the Resolution by title and Milton Shaw, represent-
ative of Shell Oil Co., presented the Assistant City Clerk with a
check for: $1,099.00 Drainage Retention
81.64 Drainage Improvements
240.75 Engineering Fees
270.00 Engineering Bond
1,691.39 TOTAL
Richard Rubin said this is located at the northeast corner of McNab
Rd. and University Dr. and a special exception was approved six years
ago for this station. He said they are requesting to keep the canopy
as it is and remove the small kiosk there and expand it to have some
convenience operation. He said the Planning Commission's approval was
conditioned upon:
I. Review of the dumpster. The applicant restored their dumpster
according to today's Ordinances.
2. Access to Family Mart on the north. To satisfy this request they have
included an additional asphalt pavement between the two centers in
the 40' right-of-way.
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4/27/83
/pm
He said the other items the Planning Commission addressed have been
included in the site plan and staff recommended approval. V/M Massaro
MOVED the APPROVAL of the site plan and Temp.-Reso. #2689 as written.
SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
a) Water Retention Agreement - V/M Massaro MOVED the APPROVAL of the
Water Retention Agreement with the receipt of the check for $1,691,39,
which was presented to the Assistant City Clerk. SECONDED by C/M
Stelzer.
VOTE:
ALL VOTED AYE
V/M Massaro said if there are any beautification changes they would
have to pay a fee.
24. McNab Plaza North (Sheppard Plaza) - Bond Release - Temp. Reso.
#2669 - Discussion and possible action to release a performance
bond posted for drainage on University Drive upon receipt of a
one-year warranty bond (tabled from 4/13/83).
SYNOPSIS OF ACTION: APPROVED.
RESOLUTION NO. R._f_,; - -,PO PASSED.
Jon Henning read the Resolution by title and V/M Massaro said this was
held up because of the error that was reflected in the first recommend-
ation. She said this has been corrected and she MOVED the APPROVAL of
Temp. Reso. #2669 releasing the $7,500 performance bond subject to an
$1,875 warranty bond being posted. SECONDED by C/M Kravitz.
VnTF-
ALL VOTED AYE
28. Mainlands Section 8 - Revised Site Plan - Temp. Reso. #2686 -
Discussion and possible action to approve a revised site plan for
a garbage can enclosure at the clubhouse.
SYNOPSIS OF ACTION: APPROVED,
RESOLUTION NO. R-F - fg PASSED.
Jon Henning read the Resolution by title and V/M Massaro MOVED the
revised site plan be APPROVED, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
29. Mainlands Section 3 - Revised Site Plan -� Temp. Reso. #2687 -
Discussion and possible action to approve a revised site plan
for conversion of a portion of the barbeque pit to a storage
room.
SYNOPSIS OF ACTION: APPROVED.
with conditions.
RESOLUTION NO. R- g - PASSED.
Jon Henning read the Resolution by title and V/M Massaro MOVED APPROVAL
of the revised site plan, SECONDED by C/M Kravitz. V/M Massaro added
that this is subject to the approval of the actual plans by the
Building Department and obtaining the permits and the payment of fees.
VOTE: ALL VOTED AYE
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/pm
12. Auditing Services - Discussion and possible action on a proposal from
Alexander Grant & Co. to perform an internal control audit.
SYNOPSIS OF ACTION: The City Manager was authorized
to hire Alexander Grant & Co. for an internal audit
at a cost not to exceed $10,000.
The following is a verbatim transcript of Item 12, requested by the City Manager:
City Mang er, Laura Stuurmans: We have received copies of the letter from Bert
Ermyer, representing exan er Grant and Company, proposing to perform certain
internal control audit procedures for the City in an amount of $10,000. The
initial letter had indicated $12,500., that was reduced to the amount of $10,000.
This morning I transmitted to you a brief memo indicating that I an recommending
to Council that in order to expedite this project that we accept and approve
the offer of Alexander Grant.
Mayor Falck: Does this have anything at all to do with the tie-in for the audit
for the current year?
City Manama Stuurmans: No, this relates simply to a work project for an internal
control audit for the City, at a cost of $10,000.
Mayor Falck: Okay, then the City Council will determine what they want in the
way of information as it relates to the audit for the fiscal year ending September
30,
City Manager Stuurmans: The scope of the financial audit.
Mayor Falck: It is not tied in with this at all.
City Manager Stuurmans: That is correct.
Vice Ma or Massaro: Mr. Mayor, I would like to ask something about this. When
you ta.k about an internal control audit, just what are they going to do, Laura,
what depart -rents are they going to - will this encompass this $10,000.
City Mans er Stunxnnans: I will touch upon the points that are set forth in
Mr. Emmer s mew because what he has offered - to summarize the -
Vice Mayor Massaro: Laura, excuse me one second, I don't want to know specifically
in each department what he is going to do, but I would like to know what depart-
ments he is going to -
City Manager Stuurmans: As reflected in his second paragraph, the scope of their
activities will include Public Works, Police, Building and Utility Departments.
Vice Ma or Massaro: Oh, that's not taking Finance.
City Manager Stuurmans: Our test will be limited to the procedures in those
departments . Our work will not constitute an examination made in accordance with
generally accepted auditing standards, and accordingly will not express an opinion.
Vice Ma or Massaro. I don't seem to have that. I wonder why Finance was left
out. Is there any reason why Finance Department was left out?
Cou ciln Kravitz: Mayor, in my discussion with Bert Emmer, it was my under-
standing that the internal control audit will take in all departments and to
check out internal control, not only as to the past audit, but also as to
recommendations for the future in having a system in the City of internal
control.
Vice Mayor Massaro: Well, wouldn't that have to take in the Finance Department?
Councilman Kravitz
That does take in the Finance Department. To the best of my
ability.
Vice Mayor Massaro: They don't specifically say that. I didn't have this letter.
or I would have questioned it sooner.
10 - 4/27/83
/ pm
Councilman Kravitz: I believe I took that up with Bert Emmer and he said
it would take in all areas of the City, however, what he said was he was
concerned more with the areas or departments that were handling monies or
inventories and there he was more concerned than the others.
City Mana er Stuurmans: Councilman Kravitz, you will recall that one
of the things Bert said is that of course in terms of the Finance
Department, they are through the financial compliance audit reviewed
on an annual basis.
Councilman Kravitz: That is correct.
City Manager_ Stuurmans: So the relationship will be as how these depart-
ments are interacting procedurally with the Finance Dept. Yes, to that
extent.
Vice _Mayor Massaro: This is why I am saying that it has to include the Finance De-
partment, because no matter what he tests internally in each department, how it
reaches Finance and how Finance is aware of where it stands and how they can tell
us where things stand, I think is most important, more important than the internal
control of the depdr-LmeiiLs.
City : Yes, and to the extent of that interaction, yes,
they will be working in terms of the Finance Dept. as well.
Vice Mayor Massaro: All right, fIne. Thank you very much.
Councilman Stelzer: Mr. Mayor, I understand in addition to doing an
internal control audit, he is going to set up proper procedures to
continue internal control, so you won't have any problems in the future.
Cit,y Mana er Stuurmans: Right, that is a prime result of this examination.
Councilman Kravitz: That's correct.
Vice Mayor Massaro: I would expect that, yes.
Councilman Kravitz: That is.
Ray Munitz: While I may be the President of the President's Council, my
comments are not in any way related to that position, but they are related
to the fact that I am a Certified Public Accountant in the State of Florida,
State of New York, and have been such since 1939. As far as I am con-
cerned, this item is long past overdue, and has been four years in coming.
Starting with the actual wording of Item 12, I think what you are really
looking for is to perform an evaluation of existing internal control
procedures. This is what you real.ly want. You don't basically want the
items that the City Manager has stipulated, because that will get you
nowhere. The purpose of this is to have an evaluation of existing internal
control procedures to recognize its weaknesses, to recognize its strength
and make recommendations.
Vice Mayor Massaro: That's wh.at I thought we were doing.
Ray Munitz: Well, an internal control audit...
Vice Mayor. Massaro: That'.s what we are doing. Phil just said the same
thing, that's what we are doing.
Councilman Stelzer: I just asked for an explanation on that.
Councilman Kravitz: Mayor, in my discussion that is exactly what we are
proposing to him on the internal control audit.
Ray_ Munitz: It will be a complete evaluation?
Councilman Kravitz: It will be an evaluation on the past, and setting up
procedure for the future so that we correct anything that is incorrect,
that is exactly what we discussed at the time.
Ray Munitz: Thank you.
Vice_ Moor Massaro: Mr. Mayor, I would MOVED the APPROVAL of the City
Manager being authorized to hire Alexander Grant to do this internal audit
in accordance with the discussions we have had here this morning so that
it encompasses what we understand that they are going to be doing.
4/27/83
/pm
Councilman Kravitz: May I make one addition to that, Vice Mayor, at a cost
not to exceed 1 ,000.
Vice Mayor Massaro: Yes, I took that for granted, I should state that, of course, -
as indicated this morning, at a cost not to exceed $10,000.
Councilman Kravitz: Because when we say based upon our discussion, he may assume
it wasadditl6m—1 items, but we want it stipulated that it is not to exceed
$10,000.
Vice�Maor Massaro: If there is any problem, then you don't hire him and come
back -
Councilman Kravitz. Right. Then on that,I will SECOND the NBD'TION.
Mayor Falck: We have a MOTION, we have a SECOND. Discussion on the Motion?
Call the question, please.
Roll Call: Councilman Stelzer AYE
Councilman Krantz AYE
Councilman Kravitz AYE
Vice Mayor Massaro AYE
Mayor Falck AYE
End of Verbatim transcript.
COMMUNITY DEVELOPMENT
37. Mannino's Restaurant - Temp_. Reso. #2693 - Discussion and possible
action on a request to transfer a special exception for consumption
of beer and wine to Anna Maria Restaurant, Inc., d/b/a. Pier 441 West
at 8765 NW 57 St.
SYNOPSIS OF ACTION: APPROVED
with conditions.
RESOLUTION NO. R— PASSED.
Jon Henning read the Resolution by title and V/M Massaro asked if the
request for the transfer had been made by the prospective owner and
Edward Darragh, attorney for the prospective owner said the contract
is contingent on the approval of all State and local agencies. Mr.
Darragh said the Department of Alcoholic Beverages has an application
which requires an acknowledgment by the Zoning Board of the.City that
the property does conform with zoning regulations. He said they will
not consider this without a signature from someone from the City and
their procedure takes at least 3 weeks.
V/M Massaro said there is no question that the zoning Ordinances are
in order and she questioned why the applicant did not come in and see
the Police Chief. Mr. Darragh said he had no knowledge of a request
that the applicant should appear before the Police Chief. V/M Massaro
MOVED that the change be APPROVED to Anna Maria Restaurant, Inc. d/b/a
Pier 441 West with the same conditions, that they cannot be transferred
to someone else subject to the owner or authorized person to come to
the Police Chief. The City Attorney is to get a report from the Police
Chief indicating that there is no problem within 7 days. SECONDED by
C/M Kravitz. V/M Massaro said upon notification from the City Attorney's
office, the City Clerk's office is authorized to sign off.
VOTE:
ALL VOTED AYE
MEETING WAS RECESSED TO 1:30 P.M., FOR LUNCH.
Tape MEETING WAS CALLED TO ORDER AT 1:30 P.M. AND ALL WERE PRESENT.
4
- 12 - 4/27/83
/pm
27. Tamarac Lakes South - Site Plan - T . Reso. #2685 - Discussion and
possible action to approve an ingress egress driveway between Lots 42 and 43
of Block 16 as requested by Golf Tam, Inc.
SYNOPSIS OF ACTION: TABLED to
5/11/83 meeting.
The following verbatim transcript was requested by Vice Mayor Massaro:
Mayor Falck: Mr. Henning, we are assembled to hear Item #27, Tamarac Lakes
South Site Plan, Temporary. Resolution. We have a copy of the letter from Mr.
Broad, Mr. Broad is the gentleman sitting down in front.
Jon Henning: Yes, we have one.
Ma. or Falck: Right. Okay. In my conversation with you as it related to
the City s position in this particular matter, you indicated that Mr. Ruf, our
Assistant City Attorney, has a presentation to make. My inclination, even in
light of this, since,Mr. Ruf has someone here, since I know people are back
there from the South and I understand those people are not going to be here,
that we ought to hear these people and then Council can decide to Table, if
that is what they want to do. Is that right? Is that proper?
Jon Henning: That is accurate, that is correct; and I see no prejudice in,
certainly in proceeding at this point. Certainly if anything, it would be a
benefit to Mr. Broad to see what the City's point of view is and giving him
another two weeks to prepare his side of, of taking an advantage.
Vice Mayor Massaro: Mr. Mayor, do I understand this correctly then that our
Assistant City Attorney and the Consulting Engineers will be making a presen-
tation and will be outlining everything and at which time Council could then
respect Mr. Broad's request for a Tabling action?
Mayor Falck: That is right, that's my philosophy on it. Mr. Ruf?
Alan Ruf: Members of Council, Good Afternoon. It is always a pleasure to be
witF� you, in your beautiful City. As you all know, the matter of access from
Golf Tam Village to or through the City of Tamarac has been the subject of
concern by the residents of Tamarac Lakes South for many years, and at one
time the City was, in fact, involved in litigation in the Circuit Court for
the 17th Circuit, Broward County, with the various owners of the land that
makes up the Golf Tam Plat or the Golf Tam Site Plan. It is a planned single
family residence community of approximately 90 to 95 residences.
Ma or Falck: Carol, I do want Dick Rubin in here. Thank you. I'm sorry,
Alan.
Alan Ruf: That's quite all right. It lies in the City of Oakland Park, south
of our southerly boundary.
Vice Mayor Massaro: In the City of what?
Alan Ruf: Oakland Park. The property is in the City of Oakland Park, just
immediately south of the southerly boundary of Tamarac Lakes South Subdivision
or Plat. The thrust of the litigation in the Circuit Court was to force the
City to rove a barrier at the south end of Northwest 26th Terrace, I believe.
That litigation proceeded to Court and after approximately one-half day of
testimony a voluntary dismissal was filed by the Plaintiffs in that suit.
The City has had before it, I understand, during the time of this litigation
and subsequently, an application for approval of a site plan for an access from
that area again into Tamarac Lakes South, through a right-of-way or easement
that was conveyed by the owners of Tamarac Lakes South in 1966 to Mr. Broad and
others. When it became apparent that this item was going to be discussed by
the Council at this meeting at the request of the Petitioner, I was asked to
revisit the issue and to have the consulting engineering firm, Mid South
Engineering, look at the proposed access from the Golf Tam Village in Oakland
Park into Tamarac Lakes South. I would like to introduce to you Miles Moss,
a Professional Engineer with the Mid South Engineering Firm and, for the record
of this Meeting I am going to supply the Mayor and Council with one copy of
his background material and I believe he will be very happy to talk about that.
At my request, Mr. Moss has visited the site on more than one occasion. He has
not had time,because Dick Mercer who was with the firm and has left, and he has
had to take over all of the work of that department,to prepare a written report.
However, I felt that since he had proceeded to prepare a report and that the
matters were fresh in his mind and that we had engaged him to come here at
this time, even though the Petitioner has asked for a Tabling, it would not be
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4/27/83
/pm
For
L=
inappropriate for you to hear his report at this time, since it was noticed
for that and since the City did go to the expense of engaging an +ert,---and.
his observations are available to you at this time. He has also indicates
that in future consideration he will make available to you a written report
following this meeting and will appear again if you feel it is appropriate.
At this time, I would like to introduce Miles Moss, who is a Consulting
Engineer with Mid South Engineering.
Miles Noss: My name is Miles Moss, I am Vice President of Traffic Engineering
or Wa South Engineering. I am a registered Professional Engineer with the
State of Florida, I have also had extensive experience not only in the field
of transportation and engineering, but in the field of traffic accident
reconstruction. At the request, I have reviewed the proposed access site
and, if I can, I would like to talk off of this drawing, it might be better
for you to try and hold it so you can see it --
Mayor Falck: That's fine, can you see it alright, Dave?
Councilman Krantz
Yes, I see it, thank you.
Miles Moss: I have reviewed the location of the proposed access drive which
would provide a roadway between Northwest 29th Terrace and Northwest 28th Avenue,
I'm sorry, Northwest 29th Avenue, that would be r=ing in a north -south direc-
tion. My red circle with the number 1 on the attached drawing indicates the
proposed access roadway and the approximate location that it would intersect
with Northwest 48th Street. I have also shown various other circles on this
drawing, each of these other circles marked in red, numbered I - 7 describes
potential high impact areas that would be caused by the creation of this access
driveway. I would like to describe some of the conditions, I have some pictures
of these various locations and I would also like to walk you through after I
describe it, but the major impact that I first see is the location that this
would be coming out at, the north -south access drive at its intersection with
48th Street would be in a very close proximity to the one-way traffic flow
exiting the drive from the parking area that provides parking for the recreation
facilities. Dividing an access at that location would cause a major confron-
tation with people exiting, it would cause a rather confusing intersection.
At the same time there are residences on the east and west sides of
where this access is. The resident on the east side would have a very close
proximity to where the drive is, it would be within about two feet. The problems
that this could create not only from a pedestrian standpoint of the people
living there, but from a driving access standpoint from each of the residents
driveways, both on the east side and the west side of the access driveway south
of 48th Street, could lead to potential accidents. As somebody would exit
this access drive, if their desire is to go westbound for example on Commercial
Boulevard, their most logical movement would be to make a left turn to go
west on Northwest 48th Street and then to make a right turn and go north on
29th Terrace and gain direct access to Commercial Boulevard and then turn
left and go west. My circle number 2 describes the major intersections and
there are two of them that wouldbe impacted by that movement... The _first is
Northwest 29th Terrace and 4Bth_ Street an -the second is Commercial Boulevard
and 29th Terrace. The left turn coming out and the right turn through both
of those intersections, which are minor intersections, the roadway surface is
only about 20' wide,they really are not made to take additional traffic going
through there. The intersection of 29th Terrace and Commercial Boulevard, it
is very, very difficult to make your northbound left turn to come out and go
west. You are crossing three eastbound lanes of Commercial Boulevard, plus
the eastbound left -turn lane on Commercial Boulevard. So somebody virtually
would have to wait for a gap and cross four lanes of traffic to be able to
merge into westbound Commercial Boulevard.
The situation as it exists today is quite hazardous. To add additional traffic
to that movement would certainly increase the accident potential. If somebody
were to proceed east to either gain access to 28th Avenue to go west or to
gain access to one of the other openings to go east. There's two paths that
it would seem logical that they would use. The first would be to proceed east
on 48th Street and turn left at 29th Avenue, circle No. 3 describes that
intersection, and this would be turning left at an intersection which is
also a little bit of geometrics to it. If you turn left you would be proceeding
north on 29th Avenue and you would be in a position of turning right at the
access road there. The circle 4 on this drawing describes that location. At
that point you are going through an area where you have people parking on the
west side in the parking area, walking across with vehicles going through there.
That would be a very major potential problem for pedestrians, and as you
proceed easterly through there it would be going in front of the area where the
recreation facilities are and either turning right at the median opening, which
is described in circle 5, or proceeding further east to 28th Avenue and turning
left. Again the same kind of problem gaining access to Commercial Boulevard.
Similarly if they had just comae out of the access driveway and turned east on
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48th Street to get direct access to 28th Avenue, circle 7 describes the
intersection that would be impacted there. All of these are going to
experience increased traffic, of course there is going to be increases in
traffic for vehicles exiting here and the same problem coming back in. Very
sharp turns, 90 degree turns on residences located quite close to it. I have
a series of sketches which describe basically these circled areas which I
would also like to describe to you If I could pass them out for your viewing.
If I could first walk through them and then pass them out because they are
nunnbered. The first view describes the actual location, they show the actual
location at the proposed access site that is going to be provided. Pictures
1, 2 and 3 are all located on, looking on Northwest 48th Street, looking in a
southbound direction at the proposed access site. All three pictures describe
and show the two houses that the access roadway would be coming through and
they look at it from various angles. The 4th and 5th picture look at this
across the parking lot and give you a better feeling for how close the
access driveway is going to be intersecting, which is the exiting drive from
the parking lot south. The other pictures show various intersections
within the area and has close the limited geometrics of those are. Pictures
8, 9 and 10 are looking eastbound down the access roadway at 29th Avenue.
These three pictures are looking from this point right here which is described
as circle No. 4 on the chart, looking in an eastbound direction down here.
That would be the area that anybody coming out of the access drive going east
either up 29th Avenue,or directly through, would be going through. The area
right now is posted with a fifteen mile an hour speed limit and indicating no
through traffic. The last set of pictures describe conditions that are in
existence on the intersection of Commercial Boulevard during the AM peak hour.
During the morning peak these intersections are queued with traffic, the traffic
queues back from Prospect and at various points it just has a continuous queue.
These pictures that I described as 11 and 12, show just how severe the queue
is and just how difficult it is in trying to exit on to Commercial Boulevard,
especially in the AM peak hour. The remaining 13, 14, and 15 show typical
views of the residences in the Community and how close the houses are offset
from the roadway itself.
The alternate, of course, to this providing direct access to Prospect, provides
for a vehicle to proceed northbound on Prospect to gain access to Commercial
Boulevard. I also reviewed that aspect in the morning peak hours the most
7
critical period, and I found that making this maneuver and looking at, and
proceeding northbound on Prospect Road to Commercial Boulevard you are provided
with a northbound, left -turn green arrow. The northbound left -turn movement
is extremely safe, the delay is minimal. I experienced a delay of approximately
20 seconds when I was making that maneuver this morning.
Vice Mayor Massaro: Is that Prospect Road?
Miles Moss: This is Prospect Road, and the intersection of Commercial
Bou e�varrd. It would be my feeling that even though this additional distance
is certainly in access of any distance coming down here, the actual time
experienced by a vehicle exiting this property to Prospect, coming out and
even backtracking in a westbound direction, the actual delay would be consider-
ably less than one would experience coming out at one of the other circles,
either 2 or 4, and trying to turn left on to Commercial Boulevard and sitting
there and waiting. The delay experience would actually be less, even though
the distance traveled might be increased, the actual delay in making a left
turn mneuver and going back westbound on Commercial Boulevard would experience
less time, the safety to the person making the turn and to the residents would
be substantially increased.
Vice Mayor Massaro: Are you saying that there is a more appropriate egress -
ingress area off Prospect Road.
Miles Moss: Yes, the proposed, as I understand it the proposed access to
Prospect Has been considered as a primary access at this point, and this
other access is being considered as a secondary point. I am suggesting that
the primary point provides less delay to the residents in gaining access to
Commercial Boulevard. It is also safer for the vehicles exiting the area; for
the residents living in the commmmity it would also be safer for them and it
would also be substantially safer for the residents of Tamarac Lakes South.
Vice_Mayor Massaro: You are saying they don't need a secondary?
Miles Moss: I am saying that the secondary at this location would, could
not improve the delay and it would also cause a hazardous condition to both
people using it and for the residents of the area.
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t\ /P
V
I
Councilman Krantz
Commercial?
Mr. Moss: Isn't there a traffic light on Prospect and
Miles Moss: Yes, there is. That traffic signal provides a northbound left -turn
green arrow which also enhances the ability to make that left turn.
Mayor Falck: Any other questions of the Council of Mr. Moss? Any other
questions? Thank you very much.
Vice Ma or Massaro: One other question - It was my understanding, Mr. Nbss,
that t�hoouse, that the overhang is six inches from this easement, I
guess it's a twenty foot easement. Have you determined that?
Miles Moss: I have not looked at it, I have only looked at this from a
transportation and safety aspect.
Vice Mayor Massaro: Well, I think that safety is, you know, a fire truck or
something coming in there. If it's only six inches from the very narrow
20' easement, it would be a tremendous safety factor to be considered.
Miles Moss. I agree with you, I think that's something that could be.
Mayor Falck: Other questions by Council? I understand you are going to
supplyt to Council 3n written form?
Miles Moss: If you desire.
Ma or Falck: I think it should be done, and would you also, Alan, make sure
Mr. Broad and/or his Attorney have a copy of that information as soon as it
is available.
Alan Ruf: Absolutely.
Mayor Falck: Mr. Henning you've spoken to the delegation back there? The
reason I m asking, I understand that you're not going to be able to be here
on the llth and if you want to make a statement we will also see that it is
typed verbatim and given to Mr. Broad, through Mr. Ruf. Carol, if you would,
please.
Carol Evans: Yes.
Ted Hannant, Tamarac Ickes South: I didn't come thinking I would be a spokesman
here, but I d 1i to say something if I can.
Mayor Falck: I want to give you that opportunity.
Ted Hannant: Since Commercial Boulevard -
Ma or Falck: Mr. Hannant, identify yourself please.
Ted Hannant: My name is Ted Hannant, I live at 7910 Northwest 48th Street in
Tamarac Lakes South. Since Commercial Boulevard was built people using the
exit on 31st Avenue have to make a right turn. They can not make a left turn.
The result of that is that the traffic on 29th Terrace, which is the exit
closest to the area we are talking about, there is roughly 125 residents use
that if they want to make a westbound turn on Commercial Boulevard. I just
want to point out that that street has become quite a heavy traffic road
since Comxercial Boulevard was improved. Of course other people from the
other end of town corm up 48th Street and make that same turn, too. I have a
copy of the Plat of Mrs. Linderoff, that's the house on the east side of this
easement. Her plat shows that this easement is within 1.77 feet of her house,
which of course means that her awnings are hanging out over the easement, of
course even her door would overlap that when she opens it. I don't think
there is anything more I need to say about it. This looks like an impossible
arrangement to us.
Ma or Falck: Thank you. Do you have any questions?
Councilman. Stelzer: What was the easement given for? Was it given for a right-
o -way, or was it given for golf carts to get on to the golf course?
Ted Hannant: The easement doesn't say anything except that it's an ingress -
egress easement. It doesn't say for what purpose.
Ma or Falck: Any other questions of Mr. Hannant? Thank you, Mr. Hannant.
Mr. Broad, do you have any questions you want to raise with the engineer, here.
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4/27/83
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A
Mr. Broad: No, I don't think so. No, I'll wait Lentil the adjournment when
my Counsel is here.
Moor Falck: Sure. But in the meantime we will supply you with all this
discussion that took place here so you will have it and your'Attorney will
have it. Mr. Henning, do you have any questions or anything?
Jon Henning: No.
Mayor Falck: Anything else, Council?
Vice Mayor Massaro: I just wondered if anybody else there wanted to speak.
Mayor Falck: Does anybody else want to speak?
Sam Pizzarella: My name is Sam Pizzarella, I live at 2914 N.W. 48th Street.
I an directly affected by this easement. I am a newcomer to the area, I am
relatively young in the neighborhood, I am sixty-five. The average age
of the people in my community is 76 years of age. That means they are hardly
mobile, they just shuffle along. They are not dying, but they are here to
prolong their life. This added traffic that the City of Oakland Park is
wishing to dump on us, because that community is in Oakland Park, they wish
to dump their traffic into Tamarac, Firstly, I don't think we need it, secondly,
its a safety hazard, thirdly there isn't adequate lighting and traffic coming
through there at night time which is the worst time of day presents a tremendous
hazard because we walk along, we just shuffle along, nobody is concerned about
traffic. We have never had traffic, now they are going to dump a community of
people with at least - well that type of home would accomodate two, possibly
three cars to a family, plus an influx of guests; so that means an influx of
cars dLmiping in and out of our area with a lot of elderly people walking around.
In the winter time they bring the grandchildren down and that's even another
hazard. I don't think its fair that Oakland Park should dump their traffic
into our community. Firstly, it's only a little narrow thing, and hardly
enough for a car to get through, never mind the people opening their door and
walking out of their door with a car coming through their area. Mr. Broad is
concerned about finance, he is concerned about the investment he has made on
his land, and he wants a profit from his land, but those people there have
their life savings in their home. We're not talking about money, we're talking
about human beings. We're talking about safety. We're talking about what
really is right for the community and I don't think it is fair that they even
should consider dumping all of their traffic into our area which is a residential,
adult community.
Ma or Falck: Thank you very much. Councilman Kravitz?
Councilman Kravitz: Mr. Mayor, based on the letter that we have received, I
would that Resolution #2685 at this time be TABLED to the May llth
Meeting.
Mayor Falck: Is that satisfactory? You did indicated May llth, Mr. Broad?
I just wanted to make sure. Mr. Broad: Yes.
Vice Mayor Massaro: I SECOND the NDTION.
Mayor Falck: We have a M)TION and we have a SECOND.
Councilman Krantz: I'll SECOND the =ION.
Mayor Falck: Call the question, please.
ROLL CALL: Councilman Stelzer
AYE
Councilman Krantz
AYE
Councilman, Kravitz
AYE
Vice Mayor Massaro
AYE
Mayor Falck
AYE
Ma or Falck: Mr. Broad, would 1:30 be allright on the llth?
I'd like to give you a time so that you don't have to keep coming back.
Mr. Broad: Fine. It's okay.
Mayor Falck: We'll make it 1:30.
Mr. Broad: I'm paying $200. an hour for the Attorney. It cost me a thousand
dollars last time we had that experience.
17 - 4/27/83
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r
Mayor Falck: I want to make sure you don't have to, and we will schedule it
for 1:30 on the 1lth. Carol, would you make the arrangements accordingly,
and we'll be in touch with you and Mr. Mass, and we appreciate your coming
out.
CoLmcilman Stelzer: A question. Are there any doors opening from lot
3 and lot 42, to open up on the easement?
Mayor Falck: Mr. Hannant just indicated that, I believe.
Ted H.ann.ant: Yes, Ads. Linderhoff's house, on the east side.
End of verbatim transcript.
45. Uniform Municipal Election Dates - Temp. Reso. #2696 - Discussion
and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
See Pages 25 & 26).
C/M Krantz MOVED to agendize by consent discussion and possible action
concerning uniform municipal election procedures, SECONDED by V/M
Massaro.
VOTE: ALL VOTED AYE
PUBLIC HEARINGS
14. All Service Refuse Co. - Commercial Garbage Collection Franchise -
Temp. Ord._#1024 - Discussion and possible action to renew this
franchise for one year. Second Reading.
SYNOPSIS OF ACTION: APPROVED on ORDINANCE NO. 0`~ �3 — ' PASSED.
second and final reading.
Jon Henning read the Ordinance by title and Mayor Falck opened and
closed the public hearing with no response. C/M Krantz MOVED APPROVAL
of Temp. Ord. #1024 on second and final reading. SECONDED by V/M
Massaro.
VOTE: ALL VOTED AYE
15. Brownin Ferris Industries of Florida, Inc. - Commercial Garbage
Collection Franchise - Temg. Ord.#1025 - Discussion and possible
action to renew this franchise for one year. Second Reading.
SYNOPSIS OF ACTION: APPROVED on ORDINANCE NO. 0 — V,3—/o PASSED.
second and final reading.
Jon Henning read the Ordinance by title and Mayor Falck opened and
closed the public hearing with no response. C/M Krantz MOVED APPROVAL
of Temp. Ord. #1025 on second and final reading. SECONDED by V/M
Massaro.
Rftb-�
ALL VOTED AYE
16. Industrial Waste Services, Inc. - Commercial Ga_rbag_e Collection
Franchise - Temp_. Ord. #1026 - Discussion and possible action to
renew this franchise for one year. Second Reading.
SYNOPSIS OF ACTION: APPROVED on ORDINANCE NO. Or 9,3 — // PASSED.
second and final reading.
Jon Henning read the Ordinance by title and Mayor Falck opened and
closed the public hearing with no response. C/M Krantz MOVED APPROVAL
of Temp. Ord. #_1026 on second and final reading. SECONDED by V/M
Massaro.
VOTE: ALL VOTED AYE
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4/27/83
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J
17. County Waste, nc.- Commercial Garbage_ _ CollectionFranchise -
_
Temp. Ord._#1_027 - Discussion and possible action to renew this
franchise for one year. Second Reading.
SYNOPSIS OF ACTION: APPROVED on ORDINANCE NO. Or f3 .= PASSED.
second and final reading.
Jon Henning read the Ordinance and Mayor Falck opened and closed the
public hearing with no response. C/M Krantz MOVED APPROVAL of Temp_.
Ord. #1027 on second and final reading, SECONDED by V/M Massaro.
vnTF-
ALL VOTED AYE
18. Ronkoma Corporation_ - Commercial Garbage Collection Franchise -
Tem . Ord. #1028 - Discussion and possible action to renew this
franchise for one year. Second Reading.
SYNOPSIS OF ACTION: APPROVED on ORDINANCE NO. 0—,',,,�_-- /___ PASSED.
second and final reading.
Jon Henning read the Ordinance by title and Mayor Falck opened and
closed the public hearing with no response. C/M Krantz MOVED APPROVAL
of Temp. Ord. #1028 on second and final reading, SECONDED by V/M
Massaro.
VOTE: ALL VOTED AYE
19. Southern Sanitation Service - Commercial Garbage Collection Fran-
chise - Tem Ord. #1029 - Discussion and possible action to renew
this franchise for one year. Second Reading.
SYNOPSIS OF ACTION: APPROVED on ORDINANCE NO. PASSED.
second and final reading.
Jon Henning read the Ordinance by title and Mayor Falck opened and
closed the public hearing with no response. C/M Krantz MOVED APPROVAL
of Temp. Ord. #1029 on second and final reading, SECONDED by V/M
Massaro.
VOTE: ALL VOTED AYE
20. Woodlands Section 1 - Vacation of Utility Easement - Temp. Ord.
#1030 - Discussion and possible action to vacate portions of two
utility easements on Lot 4, Block 50. Second Reading.
SYNOPSIS OF ACTION: APPROVED on ORDINANCE NO. 0— -/s PASSED.
second and final reading.
Jon Henning read the Ordinance by title and Mayor Falck opened and
closed the public hearing with no response. V/M Massaro MOVED the
ADOPTION of Temp0_rd_._ _#10.30 on second and final reading, SECONDED
by C/M Kravitz.
VOTE:
ALL VOTED AYE
21. Exx_on_Company, U.S.A. - Limited Parking Waiver - Petition #4-Z-83 -
Temp. Reso. #2683 - Discussion and possible action to grant a
limited waiver of the parking requirements in Section 18 of the
Code for a proposed service station to be located at the southwest
corner of Southgate Boulevard and NW 88 Avenue.
SYNOPSIS OF ACTION: The ublic
Baring was e and act�on was
TABLED to the 5/11/83 meeting for
further research. (See Page 2).
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Jon Henning said this item has been advertised for a public hearing
and Council may have the public hearing and table action since more
research is needed. Richard Rubin said Mr. Allison is revising the
site plan based on observations by the Planning Commission and to
allow him the maximum flexibility, this site plan should be tabled.
Sam Allison, representing Exxon, said there are two site plans that
are almost identical that have been presented to the Planning and
Zoning Board. He said the question they are asking today is whether
or not they will be allowed to design this site with 900 parking.
Tape Carl Alper said all parking in commercial areas must be angle parking
5 except if there is a hardship which is not self-imposed, and
these are the only ways a waiver can be approved. Jon Henning read
the Resol'utton by. title and said the limited waiver is for permitting
goo parking. Mr. Allison said thiswas tabled at the Planning
Commission meeting in order to discuss it before Council to determine
what Council wants Exxon to do with the parking. Richard Rubin said
if a project shows 900 parking at the time reviewed by the Planning
Commission, they either approve the project conditioned upon Council
waiving the angle parking or they deny it with reasons listed.
Emil Beutner, Chairman of the Planning Commission, said the basic
reason this was denied was because they were 4 parking spaces short.
It was tabled for time to correct the drawing and find spaces on the
piece of property for 4 more spaces. V/M Massaro asked Jon Henning
if they must prove a hardship and Jon Henning said he would research
this matter. Mayor Falck opened the public hearing. Richard Rubin
said in the next couple of weeks Exxon will be submitting a site plan
to Council in order to build a service station at the corner of NW 88
Ave. and Southgate Blvd. He said there are two areas left for parking
either in front of the building along Southgate Blvd., which would
interfere with the car loading bay or parking towards the rear of
the building on the south side where there would be less interference
with traffic.
Mr. Rubin said the problem is that there is no access out of the one
parking bay into the rear parking lot. V/M Massaro said by the City
requiring them to use so much of their land for landscaping and
beautification, they have imposed the hardship. Mr. Allison said he
thinks they can eliminate the need for this, which would give additional
landscape space and provide a safer working environment. if anq_le
parking is not required.
Mr. Henning referred to Section 18-8 of the Code "Exceptions that are
authorized in the parking code". He said the provisions of this
Chapter may be waived or modified in the event of a hardship in the
following manner: the application for a limited waiver shall be filed
for initial review by the Planning Commission and the application shall
set forth the hardship claim by the applicant and the hardship alleged
may not be self-imposed. Mr. Henning said there seem to be two hard-
ships, namely, the landscaping on this site and the location on a
corner without access to the shopping center behind it.
Mr. Allison said they are trying to make the whole station_ aesthetically
pleasing to the people in that development and they do not want to
separate it from Tamarac Town Square, aathough they are two separate
entities. He said if the waiver for 90 parking is not granted, they
will have to reevaluate the orientation of the building to determine
whether or not 3 additional parking spaces are needed on the side or
whether they should turn the building around. He said they specify
10 spaces but they are willing to provide 12 spaces plus 1 handicapped
space which exceeds the requirements of the Code.
Carl Alper, resident, said Chapter 18 of the Code requires that off-
street parking in commercial areas shall be at 30, 45 or 60 degree
angles but a waiver may be granted if the applicant complies with
- 20 - 4/27/83
/pm
certain regulations set forth in Chapter 18-8 or 9 of the Code,
one of which is for the applicant to show a hardship which is not
self-imposed. He said the applicant has not alleged there is a
hardship and are drawing plans which are a violation of a stipulation
between the City and Mr. Bishop, their predecessor in title, which
directly affects the parking situation. This agreement was stipu-
lated on 6/15/78 and approved by a court of law in Broward County
and all agreements bind the City and all those who follow Bishop
in title, which includes Exxon. He said the stipulation intended
that the gas station shall be a self-service station only with no
repairs, no lifts, pits or grease jobs. The language of the stipu-
lation said "Said site will be approved as a gasoline service station,
any further use of a gas station classification shall be expressly
prohibited". He said on 11/2/78,Exxon filed a site plan with the
Planning Commission which was refused, and at the time, Mr. Zufelt,
representing Exxon, agreed there would be nothing there but a self-
service station. He said, on the basis of this agreement, the
Planning Commission approved the preliminary site plan on 11/15/78
subject to various conditions. He said about 15 months later, they
submitted a final site plan which said the same as the preliminary
except there were different entrances and exits. He said this third
building changes their whole plan and attempts to change the law.
Mr. Alper asked Council to deny this petition or send it back to the
Planning Commission.
Harold H. Newman, resident, agreed with Mr. Alper's comments. He
said if they were to meet the conditions of the Code and provide only
10 spaces, there would not be a hardship involved. Gary Growler,
Tape resident, said he concurred with Messrs. Alper and Newman. He said
6 the three of them worked on a committee along with V/M Massaro to
determine the landscaping required for all gas stations throughout
Tamarac and the landscaping they have at the Exxon station is not an
imposition but part of the agreement. Mr. Allison said Exxon paid
for the privilege of bringing this to Council in 1978 and have paid
again to discuss a totally different development on that same tract
of land. He said the parking lot connection between them and the
Tamarac Town Square was requested by the City Planner and was put in
with the knowledge that it would come before Council and be discussed
at that time. He said he does not think it iaffects the concept of
straight parking versus angle parking and the question of the driveway
can be worked out when they return in a month to consider the site
plan. He said he feels the hardships imposed on them because of the
restrictions of the layout, as requested by the City Planner, and
their willingness to work with him in orienting the building to the
betterment of the esthetics, limit them in what they can do with
the parking.
Mayor Falck closed the public hearing and declared a recess for five
minutes. C/M Kravitz said they do not have a final site plan and
there is a question about an alleged hardship and the court stipula-
tion and he MOVED that this would go back to the Planning Commission
for their action and this would come back to Council after that.
V/M Massaro MOVED to TABLE this item to the next regular meeting to
determine exactly what the status of this is before it is sent to
the Planning Commission. C/M Krantz SECONDED the TABLING MOTION.
C/M Kravitz withdrew his MOTION.
VOTE: ALL VOTED AYE
COMMUNITY DEVELOPMENT
30. Lakeside Plaza - Revised Site Plan - Temp. Reso. #2688 - Dis-
cussion and possible
additional sidewalks
SYNOPSIS OF ACTION
conditions.
APPROVED with
action to approve a revised site plan for
and revision of parking requirements.
RESOLUTION NO. R--03 -_9 PASSED.
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4/27/83
/pm
Jon Henning read the Resolution by title and Julian Bryan, representing
Granek Properties, the developer, said this was approved several months
ago and after taking the approved plan to various brokers and leasing
agents, they determined that the north and south buildings should have
greater access. He said in the approved plans there was not a concrete
sidewalk that went around these buildings, therefore, they have added
a walkway from the parking lot. He said at the request of FP&L they
will eliminate two extra parking spaces and this has been approved by
the Planning Commission.
V/M Massaro said she does not have a copy of the estimated cost sheet,
therefore, she cannot determine if the additional walks are reflected
in the estimated cost sheets and the appropriate fees. She MOVED that
this revised plan be APPROVED subject to an examination by the Engineering
Department as to the estimated costs to be certain it includes the
various changes that are anticipated, particularly, the additional 5'
walks. The gate location in the wall should be subject to the approval
of the Engineering Department so that the proper width is maintained
to assure the City access if needed to work on the sewer lines. She
said this would be subject to receipt of the revised estimated cost
sheet and appropriate fees paid. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
32. Woodmont Tract 62 - Revised Site Plan - Temp_. Reso_. #2690 -
Discussion and possible action to approve a revised site plan
for relocation of a ground sign.
SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R_- PASSED.
Jon Henning read the Resolution by title and V/M Massaro said the
entrance sign would be set in a slightly different location but still
within the 15' setback line that is required and she MOVED APPROVAL
of this plan. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
25. Heftler Homes - Discussion and possible action on:
a Reconsideration of request to release bonds posted as a
warranty against construction defects for the following
homes by Temp. Reso. #2679:
1) Block 1, Lot 4
2) Block 1, Lot 5
3) Block 1, Lot 6
(tabled from 4/13/83)
b) Streetlight fees
SYNOPSIS OF ACTION: TABLED to no
later than the 5/25/83 meeting.
Jon Henning read the Resolution by title and he said the bonds that
are stated in the Resolution of $1,500 each were posted in cash for
the three homes listed. He referred to his memo of 4/21/83 in which
he stated his legal opinions in this matter. He said in the course
of reviewing this matter there was contact with the homeowner on Lot
4 who submitted some problems. Mr. Henning recommended Lots 5 and
6 be released and the claims on Lot 4 be resolved with the Buildina
Official.
V/M Massaro said the period of guarantee should begin at the time the
home is sold and if there are any bonds outstanding that are on homes
not sold, they should be released with a clear letter of intent that
these bonds must be posted when the homes are sold rather than based
on a CO as a shell or a model. She said warranty bonds should not be
accepted on a model but only when a full CO is given. She said Lot 4
should be reviewed and corrections made on everything necessary.
- 22 -
4/27/83
/pm
Mr. Henning said the City required these bonds, they were issued and
held for 3 years and he was uncertain if there were ever a claim on
the Homeowner Warranty before. He suggested tying into the utility
billing procedure so that when the utilities are put into the homeowner's
name, a bond will be required at that time. C/M Stelzer said he cannot
understand the need for a bond to be posted before a home is sold and
V/M Massaro said this should only be required when the home is fully
completed.
V/M Massaro said according to the City Code, she believes the City would
be responsible for a 3 year period if these bonds were released and
if Mr. Heftler could get a release from the people involved she would
have no objection. Mr. Heftler said these homes were sold by them over
2-1/2 years ago to Charmac Co. which subsequently bought lots from them
and continued to build homes. He said at least one and possibly all
of the owners of those homes at present took title by virture of some
defect in financing that was held by Charmac. He said these homes have,
in fact, been used for purposes other than models during the period of
the 3 years.
V/M Massaro suggested the Chief Building Official be instructed to look
at those 3 buildings and determine if there are any structural defects
in the 3 years that have passed since the time that they took title and
how long the present owners are in there. This information should be
brought to Council before the 5/25/83 meeting. Mr. Heftler said there
were certain items within the homes that were changed by Charmac and
he asked where his liability would stop. V/M Massaro said there is a
fee of $1,716 due for the first year payment on the streetlights and
she questioned whose responsibility this is as well. V/M Massaro MOVED
that this item be TABLED to a meeting not later than 5/25/83, SECONDED
by C/M Kravitz.
VOTE: ALL VOTED AYE
33. Kings Point - Temp_. Reso. #2691 -- Discussion and possible action
to approve a covenant pertaining to maintenance of medians for a
certain portion of Nob Hill Road.
SYNOPSIS OF ACTION: APPROVED as RESOLUTION NO. R--_f.�5--_�1 ;7 PASSED.
written.
Jon Henning read the Resolution by title and said the legal description
in this declaration is the center line of Nab Hill Road and refers to
the median that will cover that and the landscaping that will be there.
He said the location is on Nob Hill Road between NW 77 St. and NW 71
P1. and over these several blocks there will be landscaping maintained
by the developer and this covenant refers to that. It was written for
50 years with 10 year renewal periods.
V/M Massaro questioned the language in Paragraph 3 and Mr. Henning
explained there are 3 parties that will enter into this agreement, the
City, Lennar Homes and Kings Point Condominium Association. He said
the agent for the Condominium Association at this point is the developer
and Lennar would like to determine where their responsibility ends.
He said it is written stating that the City is holding Lennar into this
agreement to be responsible for that maintenance until the CO is issued
on the last residential unit, at that point the agreement will be between
Tape
� Kings Point Homeowners Association and the City. V/M Massaro MOVED the
APPROVAL of the covenant for Kings Point, Temp. Reso._ #2691 as written,
SECONDED by C/M Krantz.
34. Wellens Furniture Company - Sign Waiver - Temp. Reso. #2692 -
Discussion and possible action to extend a sign waiver to allow
a ground directional sign west of the entrance driveway at 3801
W. Commercial Boulevard.
SYNOPSIS OF ACTION: APPROVED for RESOLUTION NO. R— ��3�— 9 PASSED.
a 6 month period.
- 23 - 4/27/83
/pm
Jon Henning read the Resolution by title and V/M Massaro said Council
has a copy of the check for the renewal of the sign permit and she
MOVED ADOPTION of Temp._ Reso_. #2692 for extension for a 6 month period.
SECONDED by C/M Krantz.
vnTF-
ALL VOTED AYE
35. Woodmont Tract 70 - Model Sales Facility - Discussion and pos-
sible action to renew a model sales permit and waiver of the
150--foot distance requirement for certificates of occupancy.
SYNOPSIS OF ACTION: TABLED and
the City Manager is to check into
this further.
V/M Massaro referred to the Assistant City Clerk's memo which stated
that several attempts have been made to contact them to no avail and
she MOVED to TABLE this item to the next meeting and the City Manager
is to check into this further. SECONDED by C/M Kravitz.
VOTE :
ALL VOTED AYE
36. Colony West Country Club - Discussion and possible action on:
a FConstruction of sidewalks (tabled from 4/28/82).
b) Guardrail on McNab Road.
c) Recommendation of City Engineer to call a performance bond
posted for public improvements - Temp. Reso. #2674 (tabled
from 4/13/83).
SYNOPSIS OF ACTION: a) REMOVED from agenda., (See Page 2).
b The City Manager to have City Engineer send
someone to determine if bulkhead on McNab Rd. is
25' from edge of paving.
c) REMOVED -bond was extended.(See Page 2).
b Guardrail on McNab Rd. - V/M Massaro said she would request the City
Manager to instruct the City Engineer to have someone determine if the
bulkhead on McNab Rd. is 25' from the edge of paving, if not, they are
to be required to put up a guardrail. She said they should further
determine about the private dirt road used as an entrance for their
maintenance service which has posts 3' x 3'. She said the City Engineer
should consult with the City Attorney to determine our responsibility
regarding something that might be inadequate and unsafe with a report
to Council.
38. Drai_naaeImprovements_ in the City - Discussion and possible
action:
a) Solo Construction Corporation - 1982 Storm Drainage Improvements -
Mainlands 7 - Approval to pay Estimate #4 (Final) in the
amount of $10,768.64.
b) Reports
SYNOPSIS OF ACTION:
a) APPROVED in the amount of $11,583.90.
b) (See Page 26).
a) V/M Massaro said this was held up from the previous meeting because
there was work needing further attention but this situation has been
corrected. She recommended APPROVAL in the amount of $11,583.90 and
she so MOVED, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
- 24 -
4/27/83
/pm
J
BOARDS AND COMMITTEES
43. Investment Committee - Tem Reso. #2694 - Discussion and pos-
sible action.
SYNOPSIS OF ACTION: Agendized by Consent.
See Page 1 . TABLED to the 5/11/83 meeting.
Laura Stuurmans said she drafted this for Council review and Jon
Henning said in the past, most of the committees have been established
by Ordinance and it would not be codified into the Code if it were by
Resolution. V/M Massaro said she would like to have a point of
cancellation on the expiration date and Mr. Henning said this language
should be put in on the second line of Section 4: striking "for a term
of one year" and add "at the pleasure of City Council". He said
Section 5 should say "the following persons are hereby appointed".
Mr. Henning suggested adding "the Mayor or his designee" in Section 4 and
Council agreed this would be helpful. Mayor Falck suggested 5 members
excluding himself and "the Finance Director or his designee". Mr.
Henning commended the City Manager for her efforts in drafting this
Resolution. C/M Kravitz MOVED to TABLE this to the 5/11/83 meeting,
SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
GENERAL ADMINISTRATIVE/FINANCIAL
44. Opposing the Governor's 1983 Report on Secondary Education -
Temp.__Re_so. #2695 - Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by RESOLUTION NO. R-- 93 /pQ PASSED.
Consent. See Page 2). APPROVED.
Jon Henning read the Resolution by title and Mayor Falck said he received
a letter from the Governor encouraging all Mayors to endorse an increase
in the education budget. The Governor is going to request a half billion
dollars for the fiscal year 1985/86 and Mayor Falck said he questions
why the community school program is being taken away from the high
schools. V/M Massaro MOVED to ADOPT Temp_. Reso. #2_695, SECONDED by
C/M Kravitz.
VOTE:
ALL VOTED AYE
__ -. -- _.
_.
5 • __ - ni ci p s Proposal - House Bi 1 1 -1 143 - Temp
_. -
Peso. #2696 niscussicr and ,c-
al Election Date
- .ssil-le action.
SYNOPSIS OF ACTION: Agendized by RESOLUTION NO. R— g3 —/o/ PASSED.
Consent. (See Page 18). APPROVED.
Jon Henning read the Resolution by title and C/M Krantz said the City
Clerk feels very strongly that the City election facility should not
be eliminated and given to the County. He said Council should go on
record as opposing the House Bill that would eliminate City elections.
He election the datesDandlurgingTemp_. R e s_o . the Florida2 6.Legislation
opposing the uniform municipal
to oppose House Bill
1143. SECONDED by C/M Stelzer.
Melanie Reynolds, Charter Board member, requested a copy of that House
Bill and the City Manager said that Broward County, through a special
Act, has established a uniform date for the conduct of municipal elections
in March each year. She said under that special Act, each respective
municipality has its elections conducted by its City Clerk or whomever
is designated under its Charter to perform that function. She said
many municipalities also have specific regulations with respect to the
conduct of its election process which differ from the State Statutes
and in those cases, their Charters preempt the Statutory requirements
where not in conflict. She said, under this, the County Supervisor would
conduct the election under the election laws of the State of Florida.
- 25 -
4/27/83
/pm
Mayor Falck said he and Mrs. Carroll are going to attend a meeting of
the North Area Council of Governments on 5/8 or 5/9 and this should
be discussed at that meeting.
VOTE:
COMMUNITY DEVELOPMENT
ALL VOTED AYE
38. Draina e Improvements in the City - Discussion and possible action:
a FSolo Construction Corporation - 1982 Storm Drainage Improvements
Mainlands 7 - Approval to pay Estimate #4 (Final) in the amount
of $10,768.64.
b) Reports.
SYNOPSIS OF ACTION:
a -See Page 24).
b) The City Manager was authorized to get a
report from the City Engineer.
b) V/M Massaro said she looked at Lakes of Carriage Hills and she requested
the City Manager get a report from the City Engineer as to whether or
not these canals are being dug with the proper slopes according to the
Code.
GENERAL ADMINISTRATIVE/FINANCIAL
13. Broward League of Cities Business-- Discussion and possible action.
SYNOPSIS OF ACTION: Report by
Mayor a c .
Mayor Falck said he will attend a meeting on 4/28/83 at 8:00 a.m.
concerning the Committee on Solid Waste with a good possibility of
having a contract that will, hopefully, be accepted by all the mun-
icipalities of Broward County. He said he will attend a meeting on
4/29/83 to discuss the proposed County gas tax. He said he sent
Council a communication regarding the CDC Program meeting he attended
on 4/22/83 and they encourage the County to continue this.
C/M Kravitz said for the record that Tamarac is fortunate to have had
Mayor Falck serve as President of the Broward League of Cities and he
Tape commended his performance on behalf of the City. He said he would like
8 minutes and reports and Mayor Falck said he would get these.
RFPnPTS
39. City Council Reports -
C/M Krantz . said the Tamarac Elementary School has a summer school
program scheduled from 6/20/83 to 8/5/83. He said there is a finger-
printing program underway in the Elementary School as well which is
part of a nationwide program. As liaison to the Veterans Alliance,
he reported they are having a Memorial Day and July 4th celebration
in Tamarac Park since Veterans Park is undergoing repairs. He said
the Beautification Committee is rewriting a Sign Ordinance which will
be 31 pages long. There was a Workshop on 4/25/83 at 7:00 p.m. which
will be continued Monday, 5/2/83 at 7:00 p.m.
C/M Kravitz said he has received several complaints about dirty canals
which he has forwarded to the City Manager for follow-up. He would
like to receive a map designating which canals the City is responsible
for and which are not the responsibility of the City. He requested a
list from the Recreation Director of recommendations which will be
taken up with the Committee and submitted to Council.
- 26 -
4/27/83
/pm
C/M Stelzer said there is a tentative Vorkshop Meeting to be scheduled
within the next 10 days to discuss the problem of canal maintenance.
He questioned why the Public Works Dept. budget would be charged for
work that is being done for recreational facilities. He said he has
received several reports from residents commending the Police on their
wonderful performances. He said Corporal Dave Harris has worked with
the Explorer Scouts and there were 3 entered in the South Florida
Olympics )in 5 events and 4 medals were received. Cpl. Harris
would like to take them to the National Olympics and C/M Stelzer
requested time off for him and a subsidy on the expenses incurred.
V/M Massaro said she requested a report on the persons here as a result
of an invitation of the Welcoming Committee. C/M Kravitz said this
will be submitted each meeting. She said there will be a Workshop
Meeting scheduled within the next week to discuss the Architectural
proposals for the Community Facility.
Mayor Falck - No report.
40.
City
Manager
Report
-
No
report.
41.
City
Attorney
Report
- No
report.
GENERAL ADMINISTRATIVE/FINANCIAL
46. Protest# ng__Soveorei gneImmuni tytorn_e_y_ussi Prepare a
possible et Resolution
Authorization f y At
.., Disc action.
SYNOPSIS OF ACTION: Agendized by Consent.
The City Attorney was authorized to prepare RESOLUTION 140. R-83-/Oo2? PASSED
a Resolution.
Jon Henning said there was a bill filed recently in the State Legis-
lature concerning Sovereign Immunity. Fie said the Sovereign Immunity
coverage with the City provides limits of liability that the City is
exposed to of $100,000 to $200,000. He said this bill would remove
the $200,000 exposure and give unlimited exposure to negligence or
catastrophic events alleged against the City. V/M Massaro MOVED to
Agendize by Consent the authority for the City Attorney to prepare a
Resolution and present it to Council for their approval by a signature
or an initial. SECONDED by C/M Krantz.
VOTE: ALL VOTED AYE
V/M Massaro MOVED that the City Attorney be authorized to prepare this
Resolution regarding the protest of the Sovereign Immunity to be signed
by Council a-nd.sent to the appropriate persons. SECONDED by C/M Kravitz.
Jon Henning.read the title of the Resolution: "A Resolution Urging the
Broward County -Legislative Delegation to Withdraw or Defeat Any Proposed
State Legislati-on That Would Enlarge the Exceptions to Sovereign Immunity
That Presently.Exist In Chapter 7-6828 of the Florida Statutes". V/M
Massaro included this title in her MOTION.
VOTE: ALL VOTED AYE
MEETING WAS RECESSED TO 5:05 P.M.
MEETING WAS CALLED TO ORDER, ROLL CALL TAKEN AND ALL WERE PRESENT AT 5:05 P.M.
PUBLIC HEARING
42. Moratorium in Land Section 7 - Temp. -Ord. #1020 - Discussion and
possible action to establish a moratorium on developments in Land
Section 7 designated as "Industrial" on Tamarac's Land Use Plan
for a specific period of time until the completion of the Industrial
Planning Study. Second Reading.
SYNOPSIS OF ACTION: Public Hearing was TABLED to
the 5/25/83 meeting and the moratorium will be in
effect and no work will be done in the area.
- 27 -
4/27/83
/pm
Jon Henning read the Ordinance by title and C/M Kravitz asked the City
Attorney whether or not, once there is advertisement for a public
hearing, an item may be tabled for a future date. Mr. Henning said
law requires that there be a public hearing which must be advertised
and this public hearing could be continued or tabled. C/M Kravitz
said based on pertinent additional information that has been received,
he requested no action be taken while this is tabled and the public
hearing would be reconvened at a future date. He MOVED to TABLE
to some future date and C/M Krantz said he would SECOND the MOTION
provided a specific date were stipulated. V/M Massaro suggested
5/25/83 and C/M Kravitz accepted this date.
C/M Stelzer questioned why this is being tabled and C/M Kravitz referred
to a memo Council received on the moratorium which states that the
City Attorney and the City Manager have just concluded a meeting with
the representatives of the Isles of Tamarac and C/M Krantz. They
explained they are developing additional information pertinent to this
decision. V/M Massaro said she feels the consequences of the morator-
ium still must be considered carefully. She said the actual area to
be set aside for industrial use, the effect of the cancelled sludge
farm lease, the plans of the owners of the land being considered and
the use of the residents of Tamarac all need to be weighed. She said,
originally, the moratorium seemed to be the logical way to approach
these decisions but, perhaps, it has caused more problems than it has
solved. She said staff has studied this question and suggests tabling.
She said staff should continue to work on this top -priority item and
be sure to seek input from the residents and, hopefully, in between
there will be several workshops to get more input from the public.
C/M Stelzer requested amendment of the MOTION to include that the
moratorium will be in effect and no work will be done in that area and
there will be an advertisement for the next meeting which will be a
complete public hearing. C/M Kravitz accepted this amendment to the
MGT I (IN _.-... ..
VOTE:
ALL VOTED AYE
THE MEETING WAS ADJOURNED AT 5:45 P.M.
ATTEST:
AS ISTANT CITY CLERK
This public document
per copy, to inform
recent opinions and
MA OR
was promulgated at a cost of or $
the general public and public officers and employees about
considerations by the City Council of the City of Tamarac.
- 28 - 4/27/83
/pm
LITY OF TAMAR
APPROVED AT MEETING OF g�
,.
. Cif► Clerk �
4
0
4/27/83 Council meeting
ATTACHMENT 1 - Item 8 - Charter Board -
Date: . - f ` )L-L
SUrGET ANENDMPMT
I above that $ .2 000. e a from line item account
number D - �d/-y�� of the budget named
00/-/4,9
be transferred to line item account numbexsaa� . / 7 - s % 9 - Z % o _ _ / •� • o D
named 001 / — 7-49•ye-, _
The balance in the account from which the monies are
transferred was $ - prior to the transfer and
$ 197 3 Tn• oo subsequent to the transfer. The amount
of money in the accountsto which the monies are to be
p o 'pr` wg—JAIA4� ,Wo. rD
transferreCZ FirA Thxk s 3soy_ prior to the transfer
IQe'w�a,r. ,�A�4,�a t► ri +A"- .-0
and $ F 3 1O subsequent to the transfer.
R