HomeMy WebLinkAbout1988-06-22 - City Commission Regular Meeting Minutes1
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P.O. Box 25010
TAMARAC, FLORIDA 33320
DISCUSSION OF COUNCIL ACTIONS/DISCUSSION
CITY OF TAMARAC
CITY COUNCIL
REGULAR COUNCIL MEETING
WEDNESDAY, JUNE 22, 1988
CALL TO ORDER: 9:00 A.M.
ANNOUNCEMENT OF TIME ALLOCATIONS - MOTIONS TO TABLE - The
Chair at this time will announce those items which have
been given a specific time to be heard, and will entertain
motions from Council members to table those items which
require research. Council may agendize by majority consent
matters of an urgent nature which have come to Council's
attention after publication.
INTRODUCTION
1. PRESENTATION by City Manager Kelly of five-year service
awards to MARIE DOMINIQUE, Police Department, JEROME
EMERSON, Fire Department, DAN WOOD, Building Depart-
ment, and ANTHONY BOUCHARD, Tamarac Utilities West;
and ten-year service awards to MARIE ENEY, Police
Department and PAUL NASH, Public Works.
FINAL ACTION:
PRESENTATION of service awards were made to Jerome
Emerson, Dan Wood and Paul Nash. Marie Dominique,
Anthony Bouchard and Marie Eney were absent.
2. PRESENTATIONS by Senator Peter Weinstein, Represent-
atives Peter Deutsch and Joseph Titone and Grants
Consultant Mitchell Ceasar regarding State legislative
matters.
FINAL ACTION:
PRESENT were Senator Peter Weinstein, Representative
Peter Deutsch's secretary Laurie Vauter and Grants
Consultant Mitchell Ceasar.
CONSENT AGENDA
3. Items listed under Consent Agenda, Item 3, are viewed
to be routine and the recommendation will be enacted by
one motion in the form listed below. If discussion is
desire$, then the item(s) will be removed from the
Consent Agenda and will be considered separately.
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6/22/88
Building Department
3. a. MOTION TO AUTHORIZE a refund in the amount of
508.50 to Traylor Electric Company, Inc., because
of overpayment of an electrical permit fee for
the Fairfax project.
FINAL ACTION:
APPROVED.
b. MOTION TO AUTHORIZE a refund in the amount of
427.95 to Sachs--Klemow, Inc., because of
cancellation of Building Permit #88-857 for
Woodmont Tract 60, Lot 43.
FINAL ACTION:
REMOVED and then APPROVED.
City Attorney
C. MOTION TO APPROVE attendance by the City Attorney
at the 7th Annual Seminar of the Florida Municipal
Attorneys Association to be held at Amelia Island,
Florida, on August 5 and 6, 1988.
FINAL ACTION:
APPROVED.
City Clerk
d. MOTION TO APPROVE the minutes of the City Council
regular meeting of 5/25/88.
FINAL ACTION:
APPROVED.
e. MOTION TO APPROVE renewal of a model sales permit
for TREEHOUSE for a six-month period from 7/27/88
to 1/27/89.
FINAL ACTION:
APPROVED.
f. MOTION TO APPROVE renewal of a model sales permit
an waiver of the 300-foot distance requirement
for issuance of certificates of occupancy for ON
THE GREENS -JASMINE for a six-month period from
8/12/88 to 2/12/89.
FINAL ACTION:
APPROVED.
Public Works
g. MOTION TO APPROVE attendance by the Public Works
Director at the Solid Waste Management for City
and County Officials Seminar being held on June 29
and 30, 1988, at the Treeo Center in Gainesville,
Florida.
FINAL ACTION:
APPROVED.
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Utilities/Engineering
3. h. MOTION TO APPROVE Change Order #3 to the contract
with the Turbitrol Company in the amount of
$1,879.00 for additional work for TUw Project
85-19T, Sewage Treatment Plant Rehabilitation/
Telemetry portion, bringing the new total of the
contract to $427,349.00 and adding 152 days to
completion date extending new date to July 30,
1988.
FINAL ACTION:
APPROVED.
i. MOTION TO APPROVE the Assignment of the Water and
Sewer Developers Agreement from Tamarac Market
Place Land Trust to Goldome Savings Bank.
FINAL ACTION:
APPROVED.
j. MOTION TO ADOPT Temp. Reso. #5089 releasing
warranty Letter of Credit M-1032 in the amount of
$55,421.76 posted for public improvements for the
WOODMONT TRACT 48 (WATERFORD ) project, subject to
receipt of cash bond in the amount of $2,500.00
for sewer line deficiency.
FINAL ACTION: RESOLUTION NO. R-88-181 PASSED.
APPROVED.
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FINAL ACTION:
REMOVED, bond was extended a minimum of 90 days past
the agreed date of July 14, 1988.
MOTION TO ADOPT Temp. Reso. #5090 releasing
warranty bond #4558663 in the amount of $25,048.75
posted for the water distribution and sewage
collection system for the BEDDING BARN project.
1. MOTION TO ADOPT Temp. Reso. #5091 releasing
warranty Letter of Credit in the amount of
$49,872.56 posted for public improvements for the
TAMARAC POINTE project.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-88-182 PASSED.
M. MOTION TO ADOPT Temp. Reso. #5092 accepting an
Agreement with Augmented Computer Technologies,
Inc., in the amount of $5,921.00 for the purchase
of a cash register system as a sole source item;
and approval of the transfer of $3 , 87 5.00 from
Contingency Account 425-371-589-975 to TUW Office
Equipment Account 3425-366-536-641 to provide
sufficient monies for this purchase.
FINAL ACTION: RESOLUTION NO. R-88-183 PASSED.
REMOVED and then APPROVED.
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3. n. 1. MOTION TO ADOPT Temp. Reso. #5096 releasing
performance Letter of Credit #648 in the
amount of $136,671.00 posted for water, sewer
and drainage improvements and performance
Letter of Credit #649 in the amount of
$28,000.00 for a canal crossing by the Metro
North State Bank for the WATER PLACE project
Subject to receipt of a one-year warranty
bond in the amount of $41,168.00.
2. MOTION TO ADOPT Tem . Reso. #5106 accepting a
bill of sale for the water distribution and
sewage collection system improvements for the
WATER PLACE project.
3. MOTION TO ADOPT Temp. Reso. #5093 accepting a
Tamarac Utilities West Water and Sewer
Utility Easement offered by Water Place
Associates Limited Partnership for the WATER
PLACE project.
FINAL ACTION:
APPROVED n1, n2 and n3.
RESOLUTION NO. R-88-184 PASSED.
RESOLUTION NO. R-88--185 PASSED.
RESOLUTION NO. R-88-186 PASSED.
o. MOTION TO ADOPT Temp. Reso. #5094 accepting a bill
of sale for the water distri ution and sewage
collection system for the WOODLAND POINT (Villas
at Woodland Green) project.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-88-187 PASSED.
P. MOTION TO APPROVE the Sixth Amendment to the Water
and Sewer Agreement for the JASMINE project.
FINAL ACTION:
APPROVED.
q. MOTION TO APPROVE the Water and Sewer Developers
Agreement with FINASERVE INC., located at 2401 W.
Commercial Boulevard.
FINAL ACTION:
APPROVED.
OPEN PUBLIC FORUM
4. OPEN PUBLIC FORUM - Any member of the public who wishes
to address the City Council at this time must, in
advance of the item, give his/her name and address to
the City Clerk.
FINAL ACTION:
Open Public Forum was held. Melanie Reynolds spoke.
REPORTS
5. City Council
6. City Manager
7. City Attorney
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CONSIDERATIONS
Citv Council - C/M Hoffman
8. DISCUSSION as to whether the City Attorney should
prepare legislation relating to amendments to the sign
ordinance.
FINAL ACTION:
REMOVED.
Finance Department
9. MOTION TO AUTHORIZE use of Public Services Admin-
istration Bui1 ing Fund monies in an amount not to
exceed $50,000.00 for relocation of the Utilities
Customer Service Division in the new City Hall.
FINAL ACTION:
APPROVED.
Police Department
10. MOTION TO APPROVE entering into negotiations with
Motorola as a sole source provider to furnish
communications equipment for the new Police Facility
thereby waiving bidding requirements.
FINAL ACTION:
APPROVED.
Public Works
11. MOTION TO APPROVE Addendum #16 to the engineering
agreement with Hazen 6 Sawyer in the total amount of
$13,000.00 to provide a reconnaissance and confirmatory
audit for the Public Works site located at 5650 NW 88
Avenue and APPROVE the budget transfer in the amount of
$20,000.00 from General Contingency Account 001-872-
589-975 to Public Works Special Services Account 001-
179-519-306 to provide funding for the audit.
FINAL ACTION:
APPROVED.
12. DISCUSSION AND POSSIBLE ACTION regarding the traffic
engineering with Broward County.
FINAL ACTION:
City Manager and City Attorney will approach Broward
County to get 90-day cancellation notice provision in
agreement waived.
Utilities/Engineering
13. MOTION TO APPROVE the transfer of $45,477.00 from
Utility Line Relocations Account 432-367-535-653 to
Pump Station Construction Account 432-367-535-656 for
funding of construction of Pump Station #38.
FINAL ACTION:
APPROVED.
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6/22/88
14. MOTION TO APPROVE final payment to Ken --Ann & Sons in
the amount of 18,283.63 on TUW Project 87--9 Sewage
Treatment Plant Closure and Dismantling and to ACCEPT
the final release of liens. P.O. 43015 and 41250.
FINAL ACTION:
APPROVED.
15. a. MOTION TO AUTHORIZE Hazen & Sawyer, P.C. to
perform a utilities rate study review in the
amount of $15,000.00 for both water and sanitary
services (Addendum #18) for TUW Project 88--42,
TUW/TUE Rate Study FY 88/89.
b. MOTION TO AUTHORIZE Hazen & Sawyer, P.C. to
prepare the TUW Annual Report for FY 87/88 at a
cost not to exceed $8,000.00 as required by
Section 704 of the 1986 TUW Bond Issue (Addendum
#17) for TUW Project 88--57.
FINAL ACTION:
APPROVED 15a and 15b.
16. a. MOTION TO APPROVE Change Order #2 to the contract
with Campanella Construction Corporation in the
amount of $2,744.62 to cover additional asphalt,
sod and pipe for TUW Project 88-44, Drainage
Improvements NW 76 Street. This Change Order
increases the contract from $99,694.00 to
$102,438.62.
b. MOTION TO AUTHORIZE final payment to Campanella
Construction Corporation in the amount of
$13,957.82 for drainage improvements construction
work and accept final release of liens for TUW
Project 88-44, Drainage Improvements NW 76 Street.
F.O. 42700, 41882 & final P.O. for Change Order.
FINAL ACTION•
APPROVED 16a and 16b.
17. MOTION TO ACCEPT Morton Pump, Inc., as a sole source to
supply a new pump for Raw Water Well #1 to increase the
raw water supply to new customers in an amount not to
exceed $19,563.00 for TUW Project 88W-46, Raw Water
Supply Well Redesign, Wells 1 through 9.
FINAL ACTION•
APPROVED.
RESOLUTIONS
Building Department
18. MOTION TO ADOPT Temp_- Reso. #5088 approving a waiver to
the sign Code for a second permanent, single faced
community identification ground sign for SPYGLASS
CONDOMINIUM located at the entrance to Spyglass.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R--88-188 PASSED.
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19. MOTION TO ADOPT Temp. Reso. #5107 approving a waiver to
the sign Code for two (2) wall signs, one on the
southeast elevation and one on the southwest elevation
of ALL SAINTS LUTHERAN CHURCH located at 7875 McNab
Road.
FINAL ACTION: RESOLUTION NO. R-88-189 PASSED.
APPROVED.
City Council
0. MOTION TO ADOPT Temp. Reso. #5095 appointing five (5)
regular members and two (2) alternate members to the
PUBLIC INFORMATION BOARD and repealing all prior
Resolutions in conflict.
FINAL ACTION: RESOLUTION NO. R-88-190 PASSED.
APPROVED. Appointing Louis Silverman, Ben Chicofsky,
Muriel Davis, Jack Leff, and Herman Shulman as regular
members and Esther Garfinkel, Sam Tepper as alternate
members.
21. MOTION TO ADOPT Temp. Reso. #5070 urging the Department
of Transportation to arrange for installation of proper
signs at approaches to every exit on the Florida
Turnpike in Broward County designating the name of the
City or Cities adjacent to the various exits from the
turnpike.
FINAL ACTION: RESOLUTION NO. R-88-191 PASSED.
APPROVED.
Communit Development
2. _MOTION TO ADOPT Temp._ Reso. #5097 approving the final
site plan and related documents for TACO BELL
(located at 7625 W. Commercial Boulevard).
FINAL ACTION: RESOLUTION NO. R-88-192 PASSED.
APPROVED.
23. MOTION TO ADOPT Temp. Reso. #5098 approving a revised
site plan and related document for MCDONALDS.
(northwest corner of Commercial Boulevard and Univer-
sity Drive).
FINAL ACTION: RESOLUTION NO. R-88-193 PASSED.
APPROVED.
24. MOTION TO ADOPT Temp. Reso. #5017 approving and accept-
ing an Agreement to the Declaration of Covenants and
Restrictions offered by Colony West Joint Venture
pertaining to Parcel "R" of WOODLAND LAKES (tabled on
6/8/88).
FINAL ACTION: RESOLUTION NO. R-88-194 PASSED.
APPROVED.
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6/22/88
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25. MOTION TO ADOPT Temp. Reso. #5086 approving a revised
site plan for SABAL PALM GOLF COURSE reflecting addi-
tion of a driving range and two (2) greens and tees.
(northeast corner of Commercial Boulevard and Rock
Island Road) (tabled on 6/8/88).
FINAL ACTION:
DEFERRED until such time as the City receives both a
professional golf architect's opinion and also legal
advice regarding the City's liability if this item is
approved.
26. MOTION TO ADOPT Temp. Reso. #5099 approving a final
site plan and related documents for STATE FARM MUTUAL
AUTOMOBILE INSURANCE COMPANY located at 8301 W. McNab
Road.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-88-195 PASSED.
27. MOTION TO ADOPT Temp. Reso. #5101 approving a site plan
and related documents for WATERS EDGE project
(located on the east side of NW 94 Avenue and NW 59
Street)
FINAL ACTION: RESOLUTION NO. R-88-196 PASSED
APPROVED.
28. MOTION TO ADOPT Temp. Reso. #5108 providing for public
participation in the planning process associated with
the revision and update of the Tamarac Comprehensive
Plan in accordance with Chapter 163 F.S., the Local
Government Comprehensive Plan, Land Development
Regulation Act and Chapter 9J-5, Florida Administrative
Code, Section 9J-5.004.
FINAL ACTION: RESOLUTION NO. R-88--197 PASSED.
APPROVED.
Finance Department
29. a. MOTION TO ADOPT Temp. Reso. #5109 approving a
Letter of Engagement with Touche Ross & Co.
pertaining to auditing services for Fiscal Year
1987/88.
b. MOTION TO AUTHORIZE the City Manager to make
arrangements for the audit of Utilities operations
pursuant to the Charter.
FINAL ACTION: RESOLUTION NO. R-88-198 PASSED.
APPROVED 29a, subject to the auditing of one
department.
APPROVED 29b.
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PUBLIC HEARING - 10:00 A.M.
Iommunity Development
0. PUBLIC HEARING - MOTION -TO- ADOPT Temp.---Reso.- #5.102
concerning a request by CAROLYN R. MOFFATT for Special
Exception to allow a beauty specialty school in Bay 16
of Three Lakes Plaza at 3138 W. Commercial Boulevard,
which is zoned B-2 (Planned Business). Petition
#17-Z-88.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-88-199 PASSED.
31. PUBLIC HEARING MOTION TO ADOPT Temp.--Reso. #5103
concerning a request for Special Exception to permit
expansion of the BLUE DOLPHIN RESTAURANT into an
adjacent bay at 8104 N. University Drive in Sunflower
Shopping Plaza, which is zoned B-1 (Neighborhood
Business). Petition #19-Z-88.
FINAL ACTION:
APPROVED.
RESOLUTION NO. R-88-200 PASSED.
2. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5104
concerning a request for Special Exception to allow on --
premises consumption of alcoholic beverages at the BLUE
DOLPHIN RESTAURANT (as it presently exists and may be
expanded) in Sunflower Shopping Plaza, which is zoned
B-1 (Neighborhood Business). Petition #20-Z-88.
FINAL ACTION:
APPROVED.
Utilities/Engineering
RESOLUTION NO. R-88--201 PASSED.
33. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5105
amending prior Resolution R--87-334 as amended by
Resolution R-87-348 pertaining Tamarac Utilities West
rate structure and waiving the requirements for CIAC
Irrigation Fees for single family dwellings.
FINAL ACTION:
APPROVED.
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RESOLUTION NO. R--88-202 PASSED.
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6/22/88
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ORDINANCES
PUBLIC HEARING - 10:00 A.M.
Building Department
34. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord._#1391 on
second reading to amend Article 11, Division 2, Section
15-6 (b) (1) of the Code to provide that the definition
for "commercial vehicles" shall include limousines and
other vehicles for hire.
FINAL ACTION: ORDINANCE NO. 0-88-15 PASSED.
APPROVED on second reading. Public hearing was held.
Utilities/Engineering
35. PUBLIC HEARING - MOTION TO ADOPT Tem2. Ord. #1389 on
second reading amending Chapter 27-of the Code
pertaining to water and sewer utilities owned and
operated by the City, amending Section 27, Article I,
Section 27-33 of the Code relating to surcharges for
customers outside of the City limits, deleting and
repealing in its entirety Section 27, Article I,
Section 27-36.3 of the Code relating to the east
utility revenue generation system requirements.
FINAL ACTION: ORDINANCE NO. 0-88-16 PASSED.
APPROVED on second reading. Public hearing was held.
36. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1390 on
second reading relating to rates and charges applicable
to City utilities, amending Section 27-51(b) relating
to payment of contribution charges, amending the
definition for equivalent residential connection (ERC),
providing for a method to determine the residential
equivalency for commercial water uses, providing for a
method to determine the residential equivalency for
irrigation water uses, deleting outdated provisions
relating to meter size and its residential equivalency
factor for irrigation uses.
FINAL ACTION: ORDINANCE NO. 0-88-17 PASSED.
APPROVED on second reading. Public hearing was held.
City Council
37. MOTION TO ADOPT Temp. Ord. #1392 on first reading to
amend Article II, Section 18A-8(c) of the Code to
delete the requirement that two (2) members of the
Parks and Recreation Board be between 16 and 19 years
of age.
FINAL ACTION•
APPROVED on first reading. Second reading and public
hearing will be held during the regular City Council
meeting, August 10, 1988, at 7:30 p.m.
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Community -Development
38. MOTION TO ADOPT Temp. Ord. #1387 on first reading
amending Chapter 18 of the Code pertaining to off-
street parking and loading, amending Section 18-3(1)(d)
to permit ninety (90) degree parking in all non-
residential parking spaces.
FINAL ACTION:
APPROVED on first reading. Second reading and public
hearing will be held during the regular City Council
meeting, August 10, 1988, at 7:30 p.m.
AGENDIZED BY CONSENT
City Council
39. MOTION TO ADOPT Tem Reso. #5110 authorizing the
appropriate City officials to declare the month of July
as "Crackdown Month" in the City of Tamarac.
FINAL ACTION:
APPROVED.
City Manager
RESOLUTION NO. R-88-203 PASSED.
40. MOTION TO APPROVE the purchase of Apple computer
equipment (two work stations sharing one laser printer)
in the amount of $13,276.00 under Palm Beach School
Board Contract #SB--88C-215L in lieu of bidding, with
funds to come from City Clerk Office Equipment Account
001-112-519-641.
FINAL ACTION:
APPROVED.
1. MOTION TO CONFIRM City Managers appointment of Robert
J. Foy as Director of Utilities/Engineering.
FINAL ACTION:
APPROVED.
42. a. MOTION TO APPROVE AND AUTHORIZE a committee to
select and negotiate with a qualified, registered
golf course architect to advise the City on the
Sabal Palm Golf Course; committee to consist of
John Kelly, Mike Couzzo, Mike Von Hofen and Ken
Burroughs.
b. MOTION TO APPROVE transfer from Contingency
account an amount not to exceed $15,000 to an
account to be established by Finance Department
for the purpose of funding the services to be
provided by golf course architect for Sabal Palm
Golf Course project.
FINAL ACTION:
APPROVED.
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The City Council may consider and act upon such other
business as may come before it.
In the event this agenda must be revised, such revised
copies will be available to the public at the City Council
meeting.
Pursuant to Chapter 286.0105, Florida Statutes, if a person
decides to appeal any decision made by the City Council with
respect to any matter considered at such meeting or hearing,
he may need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and
evidence upon which the appeal is based.
Carol E. Barbuto
City Clerk
Following are the residential and commercial zoning districts in the
City:
- A-1 -
Limited Agricultural
- A-5
- Agricultural/Excavation
- B-1
- Neighborhood Business
- B-2
- Planned Community Business
- B-3
- General Business
- B-5
- Limited Business District
- B-6
- Business District
- I-1
- Institutional
- LI-1
- Light Industrial
- R'-1
- Single Family Residence
- R-IB &
- R-IC -
one Family Dwelling
- R--2 -
Two Family Dwelling
- R-3 -
Low Density Multiple Dwelling
- R-3U -
Row House
- R-4A -
Planned Apartment
- R-5 -
Motel/Hotel
- RD-7 -
Two Family Dwelling
- RM-5 -
Residential Multi -Family Dwelling
- RM-10 -
Planned Apartment
- S-1 -
open Space/Recreational
- T-1 -
Trailer Park District
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CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, JUNE 22, 1988
TAPE 1
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
Wednesday, June 22, 1988 at 9:00 A.M. in the Council Chambers.
MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the
Pledge of Allegiance followed by a Moment of Silent Meditation.
pprRENT e
ALSO PRESENT:
Mayor Norman Abramowitz
Vice Mayor Jack Stelzer
Councilman Dr. H. Larry Bender
Councilman Bruce Hoffman
Councilman Henry Rohr
John P. Kelly, City Manager
Richard Doody, City Attorney
Carol E. Barbuto, City Clerk
Pauline Walaszek, Special Services
Secretary
Mayor Abramowitz announced that the next Regular City
Council meeting would be held at the new City Hall
Complex in August, 1988. He wished everyone a very happy
and healthy summer.
INTRODUCTION
1. PRESENTATION by City Manager Kelly of five --year service
awards to MARIE DOMINIQUE, Police Department, JEROME
EMERSON, Fire Department, DAN WOOD, Building Department,
and ANTHONY BOUCHARD, Tamarac Utilities West; and ten-
year service awards to MARIE ENEY, Police Department and
PAUL NASH, Public Works.
SYNOPSIS OF ACTION:
PRESENTATIONS were given.
Marie Dominique, Anthony Bouchard and
Marie Eney were absent.
City Manager Kelly presented the awards to Jerome
Emerson, Dan Wood and Paul Nash. Marie Dominique,
Anthony Bouchard and Marie Eney were not present to
accept their awards.
2. PRESENTATIONS by Senator Peter Weinstein, Representatives
Peter Deutsch and Joseph Titone and Grants Consultant Mitchell
Ceasar regarding State legislative matters.
SYNOPSIS OF ACTION:
PRESENTATIONS were given.
Representatives Peter Deutsch and Joseph Titone
were absent. Representative Peter Deutsch's Aide,
Laurie Vauter, was present.
RECOGNITION was given to Mitch Ceasar, Grants
Consultant, John Kelly, City Manager, Thelma
Brown -Porter, City Planner and Mike Von Hofen,
Assistant City, Planner.
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6/22/88
Mayor Abramowitz said Senator Weinstein, Representative
Deutsch and Representative Titone were instrumental in
the City's receiving the Grant monies for Tamarac's new
Recreational Center and completing the annexation
recently in the City. He thanked them for their
assistance and confidence in the City of Tamarac.
Senator Weinstein said their job as Legislators was to do
whatever they can for the area they represent. He said
the Grant monies for the new Recreational Center and the
annexation are very important issues for the growth of
the City of Tamarac. He said he sees a very vibrant and
growing area in Tamarac; therefore, it was his pleasure
to achieve these matters for the City. He said it has
been a pleasure working with the City Council and the
City Manager to get these issues for the City.
Mayor Abramowitz asked Mitch Ceasar, John Kelly, Thelma
Brown -Porter and Mike Von Hofen to step up to the podium.
Mayor Abramowitz said the Grant and annexation was
considered because of the support and efficiency in
getting the necessary documents together by these people.
He thanked them for their support and work in getting
the Grant and the annexation.
AGENDIZED BY CONSENT
city Council
39. MOTION TO ADOPT Temp. Reso. #5110 authorizing the
appropriate C ty Officia s to declare the month of July as
"Crackdown Month" in the City of Tamarac.
SYNOPSIS OF ACTION:
AGENDIZED by Consent.
(SEE PAGE 35'for Final Action.)
* V/M Stelzer MOVED to AGENDIZE this Item by Consent, SECONDED
* by C/M Hoffman.
VOTE:
City Manager
ALL VOTED AYE
40. MOTION TO APPROVE the purchase of Apple Computer Equipment
(two work stations sharing one laser printer) in the amount of
$13,276.00 under Palm Beach School Board Contract #sB-88C-215L
in lieu of bidding, with funds to come from the City Clerk's
Office Equipment Account 001-112-519-641.
SYNOPSIS OF ACTION:
AGENDIZED by Consent.
(SEE PAGE 30 for Final Action.)
* V/M Stelzer MOVED to AGENDIZE this Item by Consent, SECONDED
* by C/M Bender.
VOTE: ALL VOTED AYE
Finance De artment
29. b. MOTION TO AUTHORIZE the City Manager to make arrangements
for the audit of Utilities operations pursuant to the
Charter.
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SYNOPSIS OF ACTION:
AGENDIZED by Consent.
(SEE PAGES 33 and 3q for Final Action.)
* V/M Stelzer MOVED to AGENDIZE this Item by Consent, SECONDED
* by C/M Hoffman.
VOTE: ALL VOTED AYE
CONSENT AGENDA
/ , Utilities�_ En ineering
3. k. MOTION TO ADOPT Temp. Reso. #5090 releasing warranty
bond #455866 i3 i3 n the amount of $25,048.75 posted for the
water distribution and sewage collection system for the
BEDDING BARN project.
SYNOPSIS OF ACTION:
REMOVED. The bond was extended a minimum
of 90 days past the agreed date of July 14, 1988.
* V/M Stelzer MOVED to REMOVE Item 3. k., SECONDED by C/M
* C/M Hoffman.
VOTE:
'As) k R1 9 010 iWIV"OffK
ALL VOTED AYE
City Council C/M Hoffman
8. DISCUSSION as to whether the City Attorney should prepare
legislation relating to amendments to the sign ordinance.
SYNOPSIS OF ACTION:
REMOVED.
* V/M Stelzer MOVED to REMOVE this Item, SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
CONSENT AGENDA
Building Department
3. b. MOTION TO AUTHORIZE a refund in the amount of
$427.95 to Sachs-Klemow, Inc., because of cancellation
of Building Permit #88--857 for Woodmont Tract 60, Lot 43.
Utilities/Engineering
m. MOTION TO ADOPT Temp. Reso. #5092 accepting an Agree-
ment wit�i Augmented Computer Technologies, Inc., in the
amount of $5,921.00 for the purchase of a cash register
system as sole source item; and approval of the transfer
of $3,875.00 from Contingency Account 425-371-589-975 to
TUW Office Equipment Account 3425-366-536-641 to provide
sufficient monies for this purchase.
SYNOPSIS OF ACTION:
REMOVED 3. b and m for Separate Discussion.
(SEE PAGES 6 and 7 for Final Action.)
Page 3
6/22/88
* V/M Stelzer MOVED to REMOVE Item 3 b. and m. for Separate
* Discussion, SECONDED by C/M Rohr.
VOTE:
ALL VOTED AYE
Mayor Abramowitz announced that Item 25 would be taken
out of order from the Agenda and heard after Item 7.
CONSENT AGENDA
Building Department
3. a. MOTION TO AUTHORIZE a refund in the amount of
$508.50 to Traylor Electric Company, Inc., because of
overpayment of an electrical permit fee for the Fairfax
project.
SYNOPSIS OF ACTION:
APPROVED.
b. MOTION TO AUTHORIZE a refund in the amount of
$427.95 to Sachs-Klemow, Inc., because of cancellation
of Building Permit #88-857 for Woodmont Tract 60, Lot 43.
SYNOPSIS OF ACTION:
REMOVED for Separate Discussion on Page 3.
(SEE PAGE 6 for Final Action.)
City Attorney
c. MOTION TO APPROVE attendance by the City Attorney
at the 7th Annual Seminar of the Florida Municipal Attorneys
Association to be held at Amelia Island, Florida, on August
5 and 6, 1988.
SYNOPSIS OF ACTION:
APPROVED.
C ty Clerk
d. MOTION TO APPROVE the minutes of the City Council
regular meeting of 5/25/88.
SYNOPSIS OF ACTION:
APPROVED.
e. MOTION TO APPROVE renewal of a model sales
permit for TREEHOUSE for a six-month period from 7/27/88
to 1/27/89.
SYNOPSIS OF ACTION:
APPROVED.
f. MOTION TO APPROVE renewal of a model sales
pe- rm t and wai er of the 300-foot distance requirement
for issuance of certificates of occupancy for ON THE
GREENS - JASMINE for a six-month period from 8/12/88 to
2/12/89.
SYNOPSIS OF ACTION:
APPROVED.
Page 4
6/22/88
1
i
Public Works
g. MOTION TO APPROVE attendance by the Public Works
51rector at the Solid Waste Management for City and County
Officials Seminar being held on June 29 and 30, 1988, at
the Treeo Center in Gainesville, Florida.
SYNOPSIS OF ACTION:
APPROVED.
Utilities/Engineering
h. MOTION TO APPROVE Change Order #3 to the contract
with the Turb rot Company in the amount of $1,879.00 for
additional work for TUW Project 85-19T, Sewage Treatment
Plant Rehabilitation/Telemetry portion, bringing the new
total of the contract to $427,349.00 and adding 152 days
to completion date extending new date to July 30, 1988.
SYNOPSIS OF ACTION:
APPROVED.
i. MOTION TO APPROVE the Assignment of the Water and
Sewer Developers Agreement from Tamarac Market Place Land
Trust to Goldome Savings Bank.
SYNOPSIS OF ACTION:
APPROVED.
j. MOTION TO ADOPT Temp Reso. #5089 releasing warranty
Letter of Credit #M-1032 in the amount of $55,421.76 posted
for public improvements for the WOODMONT TRACT 48 (WATERFORD)
project, subject to receipt of cash bond in the amount of
$2,500.00 for sewer line deficiency.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-181 - PASSED
APPROVED sub ec7 t to receipt of cash
bond in the amount of $2,500.00 for
sewer line deficiency.
k. MOTION TO ADOPT Temp. Reso. #5090 releasing warranty
bond #455866 i3 i3 n the amount of $25,048.75 posted for the
water distribution and sewage collection system for the
BEDDING BARN project.
SYNOPSIS OF ACTION:
REMOVED on Page 3. The bond was extended a minimum
of 90 days past the agreed date of July 14, 1988.
1. MOTION TO ADOPT Temp. Reso. #5091 releasing warranty
Letter of Credit in the amount of $49,872.56 posted for
public improvements for the TAMARAC POINTE project.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-182 - PASSED
m. MOTION TO ADOPT Temp. Reso. #5092 accepting an Agree-
ment with Augmented Computer Technologies, Inc., in the
amount of $5,921.00 for the purchase of a cash register
system as sole source item; and approval of the transfer
of $3,875.00 from Contingency Account 425-371-589-975 to
TUW Office Equipment Account 425--366--536-641 to provide
sufficient monies for this purchase.
SYNOPSIS OF ACTION:
REMOVED for separate discussion on Page 3.
(SEE PAGES 6 and 7 for Final Action.)
Page 5 J
6/22/88
n. 1. MOTION TO ADOPT Temp. Reso. #5096 releasing
performance Letter of Credit #648 in the amount of
$136,671.00 posted for water, sewer and drainage
improvements and performance Letter of Credit #649 in
the amount of $28,000.00 for a canal crossing by the
Metro North State Bank for the WATER PLACE project
subject to receipt of a one-year warranty bond in the
amount of $41,168.00.
2. MOTION TO ADOPT Temp. Reso. #5106 accepting a
bill of sale for the water dis in in bution and sewage
collection system improvements for the WATER PLACE
project.
3. MOTION TO ADOPT Temp. Reso. #5093 accepting a
Tamarac Util� t es West Water and Sewer Utility Easement
offered by Water Place Associates Limited Partnership
for the WATER PLACE project.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-184 -- PASSED
APPROVED n. 1, 2 and 3. RESOLUTION NO. R-88-185 - PASSED
RESOLUTION NO. R-88-186 - PASSED
o. MOTION TO ADOPT Temp. Reso. #5094 accepting a bill
of sale for the water distribution and sewage collection
system for the WOODLAND POINT (Villas at Woodland Green)
project.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-187 - PASSED
P. MOTION TO APPROVE the Sixth Amendment to the Water
and Sewer Agreement for the JASMINE project.
SYNOPSIS OF ACTION:
APPROVED.
q. MOTION TO APPROVE the Water and Sewer Developers
Agreement with FINASERVE, INC., located at 2401 W.
Commercial Boulevard.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Bender MOVED to APPROVE the Consent Agenda Item 3. a
* through q. with the exception of b., k. and m., SECONDED by
* C/M Rohr.
VOTE:
Building Department
ALL VOTED AYE
b. MOTION TO AUTHORIZE a refund in the amount of
$427.95 to Sachs-Klemow, Inc., because of cancellation
of Building Permit #88Y-857 for Woodmont Tract 60, Lot 43.
SYNOPSIS OF ACTION:
REMOVED for Separate Discussion on Page 3.
APPROVED.
V/M Stelzer asked if the $10.00 refund on the back of the
backup came off of the $427.95 refund and Bob Jahn, Chief
Building Official said the total refund would be $427.95.
* V/M Stelzer MOVED to APPROVE this Item, SECONDED by C/M Rohr.
VOTE: ALL VOTED AYE
Page 6
1
1
1
6/22/88
Utilities/Engineering
m. MOTION TO ADOPT Temp. Reso. #5092 accepting an Agree-
ment with Augmented Computer Technologies, Inc., in the
amount of $5,921.00 for the purchase of a cash register
system as sole source item; and approval of the transfer
of $3,875.00 from Contingency Account 425-371-589--975 to
TUW Office Equipment Account 425-366--536--641 to provide
sufficient monies for this purchase.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88--183 - PASSED
REMOVED for separate discussion on Page 3.
APPROVED.
V/M Stelzer asked what Contingency Fund this purchase
would be taken from and if TUW would be charged for the
purchase.
Ken Burroughs, Finance Director, said the transfer was
being taken from the TUW Contingency Fund and going into
the Customer Services Office Equipment Account. He said
this purchase would be charged to Utilities Office
Equipment.
* V/M Stelzer MOVED to APPROVE this Item, SECONDED by C/M Rohr.
VOTE:
OPEN PUBLIC FORUM
4. OPEN PUBLIC FORUM
ALL VOTED AYE
Melanie Reynolds, Resident of Sands Point, had concerns
about the Architect not allowing the public to walk
through the new City Hall Complex. She said she has
heard that the workmanship and the furniture in the new
City Hall Complex was not good and she would like the
opportunity to visit the facility regarding these
matters.
Mayor Abramowitz said the Architects have not turned the
building over to the City; therefore, the contractors
would be responsible for accidents that occur at the
building.
City Manager Kelly said the workmanship would be approved
by the Chief Building Official. He said the furniture
being purchased was top -grade steel case furniture.
REPORTS
5. City Council Reports
C/M Hoffman - No report.
C/M Rohr reported on recycling and read the requirements
recently passed by the State Legislature. (SEE
ATTACHMENT)
C/M Bender - No report.
V/M Stelzer reported that recycling has not been
implemented in the City. He said the neighboring Cities
were implementing programs and Tamarac should very soon.
V/M Stelzer said the Auditor submitted the report to the
City and requested an exit interview which has never been
submitted. He said the City Manager, Finance Director,
Page 7
6/22/88
Auditor and himself reviewed the TUW accounting reports
in detail and he had several questions. He -- -
questioned why Tamarac Utilities had 1.5 million
dollars of retained earnings but increased the rates 15%.
He questioned why TUW had approximately 10 million
dollars in retained earnings and the extensions being
done throughout the City were taken out of the Revenue
Fund. He said the Architect and Accountant reports
reflected the City would not be extending the sewer
systems with the Revenue Funds.
V/M Stelzer said he could not get an answer as to who
authorized this and the reason behind transferring all of
the CIAC Funds to Retained Earnings.
Mayor Abramowitz - No report.
6. C_ity Manager Report
City Manager Kelly reported that he appointed Robert J. Foy
as the Director of Utilities/Engineering on June 20, 1988
with an annual starting salary of $50,000.00. He asked
the City Council to confirm and approve the appointment
as required by the Charter.
AGENDIZED BY CONSENT
City Manager
41. MOTION TO CONFIRM the City Manager's appointment of Robert
J. Foy as Director of Utilities/Engineering.
SYNOPSIS OF ACTION:
AGENDIZED by Consent.
APPROVED.
* C/M Bender MOVED to APPROVE the appointment of Robert J. Foy
* as Director of Utilities/Engineering.
VOTE:
ALL VOTED AYE
7. City Attorney Report - No report.
Community Development
25. MOTION TO ADOPT Temp. Reso. #5086 approving a revised
site plan for SABAL PALM GOLF COURSE reflecting addition of a
driving range and two (2) greens and tees.
(northeast corner of Commercial Boulevard and Rock Island Road)
(tabled on 6/8/88).
SYNOPSIS OF ACTION:
DEFERRED for professional golf architect's opinion
and also legal advice regarding the City's liability
if this matter is approved.
(SEE PAGES 36 and 37 for Further Action.)
City Attorney Doody read Temp Reso. #5086 by title.
* C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr.
Thelma Brown -Porter, City Planner, said the Master File
number is 70-76, Sabal Palm Golf Course Driving Range.
She said the zoning of the property is S-1 and the number
of acres are 8. She said staff was concerned with
matters regarding the driving range. She said the
matters were addressed in a letter from Bill Duke,
Attorney for the owner, dated May 11, 1988. She said the
1
11
Page 8 l
6/22/88
letter reflected the agreement comply with all of the
changes staff recommended. She said the Planning
Commission denied the request on May 18,. 1988 by a 4 to 3
vote. She said the Nay votes indicated that the plans
and aesthetics submitted were unacceptable and
incomplete. She said the Planning Commission questioned
the health, safety and welfare of the homes in the
realignment of the golf course to accommodate the driving
range. She recommended this Item be approved.
Bill Duke, Attorney for the owner of Sabal Palm Golf
Course, said Mr. Stackhouse and Mr. Dressler have been
involved with golf for several years and both gentlemen
were active in the United States Golf Association. He
said Mr. Dressler was involved with the Rules Committee
and the participation of the Management of 40 National
Championships. He said Mr. Stackhouse has been involved
with the Golf Opens and on the Affairs Committee. He
said both of these gentlemen know several things about
golf and have employed a Golf Consultant, Dr. Max Brown.
Mr. Duke said the purpose of the revised site plan was to
establish a driving range on the golf course away from
the residences. He said the driving range would be on
the north side of Commercial Boulevard and the purpose of
the revised site plan was to accommodate the golf course
with a driving range which would require the second hole
to be shortened and a new green for the second hole. He
said a new tee would be established for the new third
hole. He said since a hole for the golf course would be
eliminated for the driving range, a new hole on the south
side of Commercial Boulevard, to keep the golf course 18
holes, would be added.
Mr. Duke said Dr. Brown has been very notable around
south Florida and Robert Trent Jones, Golf Architect, has
been involved in planning how the driving range should be
laid out. He said Mr. Jones has spent his time on the
safety of the driving range and surrounding area. He
said the City's Planning staff had several questions
regarding the driving range and he responded to all of
staff's questions by letter. He said Planning staff was
recommending the approval of the driving range because of
its compatibility with the zoning and use of the
property. He said the driving range met all of the
City's Codes.
Dr. Brown said the concerns regarding the driving range
were the workability and the safety of the chains that
are proposed. He said there was a driving range at Sabal
in 1968 which i7as located along Rock Island Road. He said
the driving range was in use for close to 20 years and he
was never aware of any problems. He said the driving
range was narrower than the proposed driving range and
was parallel to an adjacent roadway, shorter and more
restrictive from a safety standpoint than the proposed
driving range. He said the proposed driving range would
be facing and hitting to the east and the teeing area was
on the far west margin of the area. He said the balls
would be hit into the prevailing wind and there were no
houses on three sides. He said the only housing would be
behind the driving range.
Dr. Brown said the dimensions from the rear to the target
point are 245 yards. He said this yardage was long for
hitting golf balls. He said the pros would hit a ball
245 yards; however, that would be after the ball flew,
hit the ground and rolled. He said the driving range
Palm
Page 9
6/22/88
TAPE 2
would have screening of necessary height to keep the
balls from going beyond the range. He said changing of
the holes to provide for the driving range would make the
area safer for the surrounding homes.
Dr. Brown said the Planning Department made several
requests which were agreed upon by Sabal Palm.
Mayor Abramowitz said he knew Dr. Brown as one the
foremost agronomist in the area and he asked Dr. Brown if
he was a golf course designer. Dr. Brown said he was not
a licensed golf course architect; however, he has worked
8 years on the designing staff.
Mr. Duke submitted backup information regarding the
parties involved and an Agreement regarding the Planning
Department's requests to the City Clerk.
C/M Hoffman asked if a starter would be on the tees of
the first and second holes to see that the golfers do not
drive into the backs of golfers going to the driving
range. He said he visited the golf course and he had
concerns regarding the safety of the golfers because
there were golfers driving in back of him as he was
approaching the site.
Mr. Duke said there were plans to shuttle golfers by
carts to and from the driving range area. He said the
golf course staff would help organize and coordinate the
wind and traffic areas. He said the second green
relocation would help C/M Hoffman's concerns to some
extent.
C/M Rohr asked if there would be lighting and Mr. Duke
replied, no.
C/M Bender said as an elected official in the City it was
his duty to protect the health and welfare of the
residents. He said he would have to explore all avenues
which may be a potential hazard to the residents.
C/M Bender said he visited Sabal Palm's driving range and
he was concerned with the transportation problem. He
said the Clubhouse was located a great distance from the
driving range and, to transport golfers to and from the
driving range, would require travel through several
fairways. He said the golf balls would be surrounding
the vehicles which would present a hazard.
C/M Bender said he was concerned with golfers who did not
want to use the shuttle or transportation and walked
across the fairways. He said this matter was very
hazardous. He said the City and Sabal Palm should take
every precaution possible to get the assurance that
transportation can be safe. He said until this assurance
is given, he could not vote for the driving range.
V/M Stelzer said he played at Sabal Palm for 16 years, 3
times a week. He said the shuttle would go beyond the
perimeter of the first hole, which would not be a hazard
as far as golf balls hitting golfers. He said the
shuttle would go in back of the tee at the second hole
and to the left portion of the fairway, which was not
near the new second green. He said the shuttle could
then go to the driving range without danger to the
golfers.
Page 10 ,4
1
6/22/88
V/M Stelzer said one of the members of the Planning
Commission denied the driving range because of the
aesthetics. He said the member complained that the net
at the end of the driving range would be non -aesthetic.
He said this net was located by the Turnpike and the
drivers going 60 MPH would not be concerned with the net
on the driving range. He said this concern was not
valid.
V/M Stelzer said one of the members of
Commission claimed that he was able to
the Planning
hit a golf ball
245 yards and was concerned
said 245
with going
over the net. He
yards is very long
and, in order
to hit 245
yards, the ball lands about
220 yards and
rolls 25 feet.
He said there was a study stating
that
160 yards from the
tee, a 300 yard drive would
clear 40 feet.
He said there
was a study stating that at
245 feet at
a 300 yard drive
would hit 8- 1/2 feet from the
ground;
therefore, there
was no danger of balls going
out on the
Turnpike or
Commercial Boulevard.
V/M Stelzer said another member of the Planning
Commission was not aware of the nets being attached to
tall trees. He said he did not see how the driving range
could be turned by these members of the Planning
Commission without their experiencing the golf course.
V/M Stelzer said the new second green was not a hazard to
the new houses. He said the present second green had new
houses on the right side and, if a ball was sliced, a
ball could hit the ninth house down from the tee. He
said the first five houses had no danger and there were
only three houses in danger of being hit by a ball. He
said Sabal Palm agreed to place a net in that area if the
three homes wanted it because, once the net is installed,
it could not be taken down.
V/M Stelzer said if the Planning Commission knew all of
the facts and voted for the matter again, they may
approve it. He said the Planning Commission voting the
driving range down by a 4 to 3 vote and there were four
members who were not aware of the Sabal Palm Golf Course.
V/M Stelzer said most of the audience probably lived
further away from the golf course. He said the only
people being affected by the change was Section 7 and
only some of the homes on the right side of the greens
and the left side of the fairway were involved. He said
he could not see all of these people contesting the
driving range.
V/M Stelzer said a driving range would be good for the
City and the range would be used by the people who wanted
to improve their game. He said he would vote to approve
the driving range, changing the second green and making
the change over to the fourteenth hole.
Mayor Abramowitz Opened the discussion to the Public.
V/M Stelzer asked the Public to announce how far they
lived from the proposed driving range.
,lames Moore, Resident of Section 7, said he lived in one
of the houses which V/M Stelzer mentioned. He said he
was concerned about the hazards caused by changing the
greens to accommodate the driving range. He said the
greens would be close to the houses and could cause
problems such as broken windows and eliminating the use
Page 11
6/22/88
of back yards. He asked who would be liable if the
residents were injured in their backyards by the golf
balls. He said it was stated that 60% balls would have
to be used to keep the balls from the Turnpike traffic;
however, hooks and slices could wind up on Commercial
Boulevard.
Mr. Moore said he believed the purpose of a driving range
was to improve distance and accuracy of the golfers. He
said distance and accuracy could not be improved with 60%
balls. He said there may be instances where the golfers
could bring in their own balls or the balls that they did
not want, which could create a hazard because 100% balls
would be used.
Mr. Moore said he asked Mr. Stackhouse if it was feasible
to have a driving range so far from the Clubhouse and Mr.
Stackhouse stated that it was not practical. He asked
the City Attorney who would be liable if a golf ball
caused an accident on the Turnpike or Commercial
Boulevard since the City issued a permit for the location
of the driving range.
Mr. Moore said he received a paper regarding the
information about the submittal of the site plan for the
driving range. He said the paper stated that one of the
Councilmembers asked that the residents state their
preference regarding trees and screening. He said this
paper gave him the feeling that the driving range has
already been approved. He said this paper was very
misleading.
Charles Sindledecker, Resident of 5701 NW 48 Way, said he
has lived at this residence for 14 years and enjoyed the
beauty of his home by the golf course. He said if the
driving range was located at the proposed area the
beautification would change due to the net, fence, amount
of people and restroom facilities. He said the safety of
the homes would decrease due to the increase of people
coming to the area of the golf course. He said there
were other areas that could be used for the driving range
and he asked the City Council to consider these matters
and deny the driving range.
Michael Policastro, Resident and a member of the
Maintenance Board of Mainlands 7, said he spoke at the
Planning Commission meeting regarding this matter. He
said he was concerned with the 40 trees having nets and
the safety of the residents. He said he was concerned
with the additional traffic caused because of the driving
range. He said the golfers who have consumed alcoholic
beverages could be careless and drive the balls over the
nets. He said the City would be as responsible as Sabal
Palm for accidents if this driving range was approved and
he asked the City Council to deny this request.
Anthony Grimaldi, Chairman of the Planning Commission,
said when the proposed driving range was brought before
the Planning Commission, the Commissioners discussed the
use of a 60% ball. He said the 60% ball was agreed upon
because it would be a dead ball. He said the golfers at
a driving range would not waste expensive balls costing
$5.00 each.
Mr. Duke said the 245 yard distance was to the property
line and there was approximately another 80 feet across
the canal before the right-of-way. He said there were
Page 12
6/22/88
bushes and screening along the east side and the south
side. He said he was working with the Planning Department
regarding this matter.
Mr. Duke said there was a question presented by the
Planning Commission regarding what the residents would
prefer along the second hole to protect their homes. He
said this may have been the purpose of the paper sent to
those residents.
Mr. Duke said Sabal Palm was willing to place screening
along the west side of the second hole if necessary;
however, if this is done at this time, the residents may
be dissatisfied with the screening and it would not be
removable. He said the second hole would be a shorter
hole and would not be producing problems because it would
be giving the golfers a more accurate shot. He said he
agreed to see how the second hole plan went and, if
needed, protection would be placed in the area.
Mr. Duke said the people working on this matter,
including the City's Planning staff were very capable
people and they looked at all of these issues. He said
Sabal Palm had a driving range immediately adjacent to
Rock island Road for 17 years and the City did not
receive complaints about the range that they are
receiving at this time. He said the present complaints
were speculations regarding the traffic and Commercial
Boulevard.
Mr. Duke said the proposed driving range was reviewed and
established by competent people and he urged the City
Council's careful consideration of what is obviously a
permissible use in a golf course area. He said all of
the Codes and concerns were met and he urged the City
Council to approve the proposal.
Mayor Abramowitz said he was concerned with the questions
regarding safety and liability. He said he was a golfer
and he was not saying that this driving range would be
unsafe; however, he wanted to be assured that the driving
range was safe and the City would not be liable for
problems.
City Attorney Doody said his job was to defend the City
and he would always take the position that the City does
not have any liability; however, if there was a problem,
the City may be party to the lawsuit. He said the Courts
would try to determine whether the City's decision was
arbitrary and if the City had sufficient facts before
approving the driving range. He said if the City was
drawn into a lawsuit, his job would be to see that the
City was not found liable; however, it would be the
Court's decision as to whether the City was liable. He
said Alan Ruf, Consulting City Attorney, was present and
his firm handled several issues with Sabal Palm.
Alan Ruf, Consulting City Attorney, said he has been
involved with several litigations and planning activities
with Sabal Palm Golf Course and, because of this, he was
asked within the last week to study the problems that
exist based on the moving of a green and complaints that
have been filed with the City by the homeowners at Sabal
Palm.
Mr. Ruf said he was asked to review the proposed driving
range with City staff. He said while looking at these
concerns it became apparent to him, although the City has
Page 13
6/22/88
an excellent Planning staff, that expert Advice was
needed to consider and litigate this item and was not
available. He said he was concerned with the potential
litigation regarding the eighth green. He recommended
that the City Council defer this Item, not vote it down,
until the City has an opportunity to put in place a golf
course Architect, of substantial credibility, to make a
finding on behalf of safety and viability for the course
and its future.
V/M Stelzer asked if the City would be responsible for
engaging and compensating the Architect and Mayor
Abramowitz replied, yes.
V/M Stelzer asked Mr. Ruf if there was ever a case where
the City was named in a lawsuit regarding the golf course
and Mr. Ruf said his office has never been called in on
such a case.
V/M Stelzer said at the 12th hole the driving tee was
about 15 to 20 yards off Rock Island Road and several
balls hit the road. He said there has been an instance
where a golfer hit a ball which hit a windshield of a car
and the golfer gave the driver the name of his insurance
company and the matter was taken care of.
Mayor Abramowitz said the golf course did not need the
City's permission to exist; however, the driving range
would be placed at the golf course by City Council
permission. He said he would like to know if the City
was liable. He said he would go to the golf course and
see if the 12th hole was as dangerous as V/M Stelzer
stated and, if so, he would see what could be done to
correct the matter.
C/M Hoffman said his car was hit several times by golf
balls being teed off from the 12th hole. He said it
would be appropriate if Sabal Palm did something to
protect the traffic on that road.
C/M Hoffman said he would like to see a driving range at
the golf course and he was not against it being at Sabal
Palm; however, he was concerned with the safety of the
residents surrounding and going to and from the proposed
driving range. He said even though he has not played the
course, he walked it and he was very nervous with the
golfers hitting the balls behind him and, going back to
the Clubhouse, the balls were being hit in front of him.
He said the golfers were not waiting for him to get out
of way before hitting the balls.
C/M Hoffman said he wanted the City to get an opinion
from their own expert. He said he respected Dr. Brown's
knowledge of the matter and, in being as objective as
possible, he would be more comfortable with the City
having their own expert's advise regarding the safety of
the proposed driving range.
C/M Rohr said he was concerned with the City's liability
regarding the matter. He asked the City Attorney to look
into the matter and see if there was Case Law regarding
the City's liability. He said if there was a major
accident on the driving range, the City would be named in
the lawsuit because of their approval on the proposed
driving range.
Page 14 ,/l
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C/M Bender asked Mr. Duke how often the driving range
would be used and Dick Stackhouse, owner of Sabal Palm,
said there would be approximately 150 people per day on
an average.
V/M Stelzer said he agreed with Mr. Ruf's suggestion
regarding the City obtaining a professional opinion from
their own Golf Course Architect. He said he doubted that
the residents would agree with the driving range if the
professional advised the safety and viability of the
range to be safe.
Mr. Duke said he was not aware of Mr. Ruf Is concerns and
opinions until this time. He said Sabal Palm would
object strenuously to the City Council deferring this
matter because the changes needed as authorized by the
site plan were for the growing season problem. He said
with the City Council on vacation in July, hiring an
expert because of the residents objections, which should
have been done earlier, would delay the needed expansion.
He said the City would create damages to the golf course
if they deferred the matter and the delay was
unwarranted.
Mr. Duke said the proposed driving range has been
reviewed by the City staff and Sabal Palm experts. He
said it was proper for the City to ask Mr. Ruf at the
last moment for his opinion. He said Mr. Ruf's opinion
was that the City did not have an expert opinion;
however, he did not agree with Mr. Ruf because the City's
Planning staff was an expert staff.
Mr. Duke said the City's Code may not allow the City
Council to Table this Item twice or defer it further. He
said if the City Council deferred this matter, he would
be looking at the legality of the decision very
carefully.
Mr. Duke said the review of the site plan began a long
time ago and Sabal Palm went through a lot of exchange
and dialogue with the City. He said the fee for this
site plan was large. He said the City's Planning staff
was very watchful for the City's interests. He said it
was not Sabal Palm's fault that the City Council waited
until the last minute to raise these questions and he did
not believe the City needed an expert opinion. He said
deferring the proposed driving range would damage the
golf course and Sabal Palm strenuously objected to the
delay.
C/M Hoffman asked if the City Council could legally defer
this Item and City Attorney Doody said if the City
Council was questioning the safety of the site plan, they
could defer the matter for an expert opinion; however, he
suggested that the City Council defer to a time certain
in an effort to work with the applicant.
Mayor Abramowitz said he felt setting a time certain
would be difficult because the City should not hire just
any golf course consultant. He said a suggestion was
made that the City hire a top-notch, highly qualified,
golf course consultant. He said he objected to deferring
this matter with a time certain.
* C/M Rohr MOVED to DEFER this Item until such time as the City
* needed to receive both a professional Golf Architect and
* Legal advice as to the City's liability after approving this
* Item, SECONDED by C/M Hoffman.
Page 15 .��..
6/22/88
VOTE:
Mayor Abramowitz
- Aye
V/M Stelzer
- Nay
C/M Bender
- Aye
C/M Hoffman
- Aye
C/M Rohr
- Aye
City Manager Kelly said the City would have to go through
the competitive selection process. He said the City
Council would have to designate a Competitive Selection
Committee to select the Golf Course Architect and a
Negotiating Committee to negotiate with the selected
Architects. He said he would recommend himself, Mike
Couzzo and Mike Von Hofen.
C/M Hoffman suggested City Attorney Doody also be part of
the Selection and Negotiating Committees.
City Manager Kelly suggested the City Council designate
these people to the Selection and Negotiating Committees.
He said funding for the Architect would have to be
approved by the City Council and taken from the
Contingency Fund.
Mayor Abramowitz said after the Public Hearing, this
matter could be discussed.
V/M Stelzer said the City was going to the expense of
getting an expert opinion and the City would be bound by
the professional's opinion. He asked if the residents
would be bound by the professional's opinion.
Mayor Abramowitz said the City Council was not bound by
anything. He said the professional would be for the
City's information and the residents would make their own
decision on the matter. He said if the City Council
agreed with the professional opinion, the residents had
every right to be against the opinion. He suggested the
City engage in the necessary steps to avoid serious
litigation in the future.
TAPE 3
PUBLIC HEARING - 10:00 A.M.
Community Development
30. PUBLIC HEARING - MOTION
concerning a request by
tion to allow a beauty
Lakes Plaza at 3138 W.
B-2 (Planned Business).
SYNOPSIS OF ACTION:
Public Hearing Held.
APPROVED.
TO ADOPT Temp. Reso. #5102
CAROLYN R. MOFFATT for Special Excep-
specialty school in Bay 16 of Three
Commercial Boulevard, which is zoned
Petition #17-Z-88.
RESOLUTION NO. R-88-199 - PASSED
City Attorney Doody read Temp. Reso. #5102 by title.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5102, SECONDED by
* C/M Rohr.
Thelma Brown -Porter, City Planner, said the zoning of the
property is B-2 and the Master File is 16-80. She said
the legal description of the property is the Sartori Plat
of Plat Book 113 at Page 143. She said the type of use
requested is a special exception to permit a beauty
specialty school in Bay 16 at Three Lakes Plaza. She
recommended this Item be approved.
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6/22/88
1
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE:
ALL VOTED AYE
31. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5103
concerning a request for Spe xc al Excepta n to permit expansion
of the BLUE DOLPHIN RESTAURANT into an adjacent bay at 8104
N. University Drive in Sunflower Shopping Plaza, which is zoned
B-1 (Neighborhood Business). Petition #19-Z-88.
SYNOPSIS OF ACTION:
Public Hear ni g Held.
APPROVED.
RESOLUTION NO. R-88-200 - PASSED
City Attorney Doody read Temp. Reso. #5103 by title.
* C/M Bender MOVED to APPROVE Temp. Reso. #5103, SECONDED by
* C/M Hoffman.
Mrs. Brown -Porter said the zoning of the property was B-1
and the Master File is 44-76. She said the Legal
Descriptions of the property are Lots 1 through 4, Block
11 of Lyons Commercial Subdivision 3. She said the type
of use requested is a special exception to permit
expansion into the adjacent Bay. She said staff and
Planning Commission recommended approval.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE:
ALL VOTED AYE
32. PUBLIC HEARING - MOTION TO ADOPT Temp. Reso. #5104
concerning a request forSpec al Exception to —allow on -
premises consumption of alcoholic beverages at the BLUE
DOLPHIN RESTAURANT (as it presently exists and may be expanded)
in Sunflower Shopping Plaza, which is zoned B-1 (Neighborhood
Business). Petition #20-Z-88.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-201 - PASSED
Public Hearing Held.
APPROVED.
City Attorney Doody read Temp. Reso. #5104 by title.
* C/M Rohr MOVED to APPROVE Temp. Reso. #5104, SECONDED by
* C/M Bender.
Mrs. Brown -Porter said the zoning on the property is B--1
and the Master File is 44-76. She said the Legal
Descriptions of the property are Lots 1 through 4, Block
11 of Lyons Commercial Subdivision 3. She said the type
of use requested is a special exception to allow
on -premises consumption of alcoholic beverages at the
Blue Dolphin Restaurant. She said staff and Planning
Commission recommended approval.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
V/M Stelzer asked if the Restaurant received approval
from the State for the license and Mrs. Brown -Porter said
the Restaurant has State approval for their licenses.
She said this request was only for an expansion.
Page 17 J
6/22/88
V/M Stelzer said the application did not indicate that
the Restaurant had a license and Mrs. Brown -Porter said
the alcoholic license was approved last year.
City Attorney Doody said if the Resolution was wrong, it
could be revised to reflect this. He said the
Restaurant's special exception expired and the request
was being made to renew the special exception with the
extension.
VOTE:
Utilities/Engineering
ALL VOTED AYE
33. PUBLIC HEARING - MOTION TO ADOPT Te__mp. Reso. #5105
am ne ding prior Resold lution R-87-334 as amended by Resolution
R-87-348 pertaining to Tamarac Utilities West rate structure
and waiving the requirements for CIAC Irrigation Fees for
single family dwellings.
SYNOPSIS OF ACTION:
Public Hear ni g Held.
APPROVED.
RESOLUTION NO. R-88-202 - PASSED
City Attorney Doody read Temp. Reso. #5105 by title.
* C/M Rohr MOVED to APPROVE Temp. Reso. #5105, SECONDED by
* C/M Hoffman.
Bob Foy, Director of Utilities/Engineering, said this
Resolution would amend the existing rate Resolution to
exempt single family irrigation systems from paying a
CIAC fee and he recommended approval.
Mayor Abramowitz Opened the Public Hearing.
Anthony Grimaldi, Resident, asked for further
clarification regarding this matter.
Mr. Foy said the Resolution provides that the resident
purchase an irrigation meter in addition to the meter
used for household consumption. He said if the resident
used more than 7,000 gallons of water to irrigate lawns,
the resident would have a savings of up to $13.45 per
month. He said the residents would not have to pay a
sewer fee for the irrigation water.
Mr. Grimaldi asked what it would cost for the
installation and Mr. Foy said the meter installation fee
would be a little over $100.00 and a fee for the backflow
prevention is $20.00 with a meter deposit. He said the
total cost would be approximately $150.00.
David Adler, Developer, asked if this would be for single
family dwellings only and Mr. Foy replied, yes.
Mayor Abramowitz Closed the Public Hearing with no
further response.
Referring to the Resolution, V/M Stelzer said Line 24
indicated that the currently determined amount of daily
flow was 240. He said there was a Resolution indicating
the daily flow to be 204.
Mr. Foy said 240 was the ERC daily flow and the average
amount of single family consumption. He said the CIAC
study adjusted 204 to 240 to allow the open community
buildout.
Page 18
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6/22/88
V/M Stelzer said the Hazen & Sawyer study of last year
indicated the daily flow to be 350 gallons and Mr. Foy
said Hazen and Sawyer stated that 350 gallons was a
scrivener's error and should have been 240.
V/M Stelzer asked if the new single family dwellings were
allowed the extra meter and Mr. Foy said the new single
family dwellings were allowed to purchase the additional
meter and CIAC fees would not be charged.
VOTE: ALL VOTED AYE
ORDINANCES
Building Department
34. PUBLIC HEARING - MOTION TO ADOPT Temp Ord. #1391 on
second reading to amend Arti e-11, Div1 icon 2, Section
15-6(b)(1) of the Code to provide that the definition for
"commercial vehicles" shall include limousines and other
vehicles for hire.
SYNOPSIS OF ACTION:
Public Hearing Held.
APPROVED on second reading.
ORDINANCE NO. 0-88-15 - PASSED
City Attorney Doody read Temp. Ord. #1391 by title.
* C/M Hoffman MOVED to APPROVE Temp. Ord. #1391 on second reading,
* SECONDED by C/M Bender.
Bob Jahn, Chief Building Official, said this Ordinance
would only deal with limousines and if the City Council
wanted other trucks to be clarified, he recommended the
matter be considered as a separate issue.
Mayor Abramowitz Opened the Public Hearing.
Vickie Beech, Resident of 9102 NW 62 Court, Section 20,
said she was happy that this Ordinance was being
implemented and she asked if this Ordinance pertained to
limousines and taxis.
Mr. Jahn said the Ordinance would be following Broward
County's definitions of commercial vehicles by adding
"taxi, limousine and other vehicles for hire". He said
the other listings are as the present Ordinance stated.
Ms. Beech said as a homeowner she was not happy being
detained in finding answers to problems in the City Code.
She said the City's allowance of fencing around vehicles
such as boats seemed to be in conflict of the City Code.
Mr. Jahn said the City Code discussed and enumerated
conditions for boats, boat trailers, house trailers or
motor vehicles used for recreational purposes. He said
this part of the City Code was not to be amended and
these items are permitted providing a fence is built
around it with setbacks.
Ms. Beech had concerns with the surrounding homeowners
keeping a certain appearance in the City. She said the
City seemed to be undermining the protections under which
the homeowners bought their homes.
Page 19
6/22/88
Mr. Jahn said the Ordinance only covered the areas in
which the City could involve themselves. He said if Deed
Restrictions were placed upon a property and a Homeowners
Association or group governed the property, they may
bring the actions they wish toward the problem.
Ms. Beech said as a resident, she did not want to be
objected to questioning the homeowner's rights.
City Attorney Doody said the Ordinance prohibited
commercial limousines from being in residential
districts. He said if someone had a private limousine,
it was not covered by the Ordinance. He said the
Ordinance expanded the definition to taxis to include
limousines and all vehicles for hire. He said the
Ordinance expands the criteria for determining a
commercial vehicle.
Mr. Jahn said if the City Council wished to prohibit
pickup trucks, panel trucks, recreational vehicles, etc.,
the matter could be established at a later date.
Mayor Abramowitz said he was happy that this matter was
being resolved because of past problems and concerns.
Walter Bloecker, Resident, asked how the matters
regarding complaints should be handled and Mr. Jahn said
the residents should call Code Enforcement at 722--5200.
City Attorney Doody said the City Code prohibited
overnight parking.
V/M Stelzer said most of the people see the limousines
and cars during the day. He said the vehicles were
allowed to park in a residential area during the hours of
9:00 A.M. to 6:00 P.M. He said if the vehicles are
parked at this time, the Code Enforcement Division could
not do anything about it; however, the Police Department
handled the matter.
V/M Stelzer had concerns regarding a vehicle having
clip -on signs for business; however, at night the car was
parked without the sign.
City Attorney Doody said vehicles used commercially would
have to be established. He said this may take the Code
Enforcement Board putting the witness under oath as to
whether the vehicle was for hire. He said this matter
would have to be clarified further.
Ms. Beech asked the hours of the Code Enforcement Board
and Mr. Jahn said the Code Enforcement Board took
complaints during the hours of 7:30 A.M. and 4:30 P.M.
He said complaints made after those hours were
transferred to the Police Department.
Ms. Beech said the Police Department has informed her
several times that she would have to call back during the
hours in which the Code Enforcement Board was on duty.
Mayor Abramowitz asked City Attorney Doody to check into
this matter and Closed the Public Hearing with no further
response.
VOTE: ALL VOTED AYE
Page 20 /
6/22/88
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Utilities/Engineering
35. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1389 on
second read ni g amending Chapter 27 of the Cade pertaining
to water and sewer utilities owned and operated by the City,
amending Section 27, Article I, Section 27-33 of the Code
relating to surcharges for customers outside of the City
limits, deleting and repealing in its entirety Section 27,
Article I, Section 27-36.3 of the Code relating to the east
utility revenue generation system requirements.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-88-16 - PASSED
Public Hearing Held.
APPROVED on second reading.
City Attorney Doody read Temp. Ord. #1389 by title.
* C/M Rohr MOVED to APPROVE Temp. Ord. #1389 on second reading,
* SECONDED by C/M Bender.
Mr. Foy said this Ordinance would clean up the City Code.
He said the City could charge a surcharge on water only
because of an accepted Grant. He said this provision was
not needed in the Code. He recommended approval.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
VOTE:
ALL VOTED AYE
36. PUBLIC HEARING - MOTION TO ADOPT Temp. Ord. #1390 on
second reading relating co rates and charges applicable to
City utilities, amending Section 27-51(b) relating to payment
of contribution charges, amending the definition for equivalent
residential connection (ERC), providing for a method to
determine the residential equivalency for commercial water
uses, providing for a method to determine the residential
equivalency for irrigation water uses, deleting outdated
provisions relating to meter size and its residential
equivalency factor for irrigation uses.
SYNOPSIS OF ACTION: ORDINANCE NO. 0-88--17 - PASSED
Public Hearing Held.
APPROVED on second reading.
City Attorney Doody read Tem2- Ord. #1390 by title.
* C/M Bender MOVED to APPROVE Temp._ Ord. #1390 on second reading,
* SECONDED by C/M Rohr.
Mr. Foy said this Ordinance would clean up the City Code
to be in alignment with the rate Resolution. He said the
existing City Code defined the ERC to be 350 gallons per
day for single family dwellings; however, the actual
consumption would be 240 gallons per day. He recommended
this Item be approved.
Mayor Abramowitz Opened and Closed the Public Hearing
with no response.
V/M Stelzer had concerns with Line 31 indicating 204
gallons per day of consumption. Mr. Foy said 204 gallons
per day was correct; however, the study was done to
determine the number of gallons at buildout, which would
be 240 gallons. He said these figures were right.
VOTE: ALL VOTED AYE
Page 21 j
6/22/88
CONSIDERATIONS
Finance Department
9. MOTION TO AUTHORIZE use of Public Services Admin-
is�tration Building Fund monies in an amount not to exceed
$50,000.00 for relocation of the Utilities Customer Service
Division in the new City Hall.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Hoffman MOVED to APPROVE this Item.
Mayor Abramowitz relinquished the gavel to V/M Stelzer.
* Mayor Abramowitz SECONDED C/M Hoffman's Motion to Approve.
V/M Stelzer gave the gavel back to Mayor Abramowitz.
City Manager Kelly said the Customer Service Department
would be placed in the new City Hall. He said to do
this, monies in the existing account for the Public
Services Administration Building had to be transferred in
an amount not exceed $50,000.00. He said some of the
monies would be used for furnishing the Department. He
said in deleting this Department from the Public Service
Administration Building, $165,000.00 was saved. He said
it was the intention to build a new facility at the
existing Customer Service Department; however, it would
cost $100,000.00.
VOTE:
ALL VOTED AYE
Police Department
10. MOTION TO APPROVE entering into negotiations with
Motorola as a sole source provider to furnish communications
equipment for the new Police Facility thereby waiving bidding
requirements.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
Keith Emery, Construction Manager, said the request was
for the communication system for the Police Facility. He
said the systems that have been used throughout most of
the Police Facilities in South Florida have been Motorola
systems. He said Motorola usually had the most recent,
state-of-the-art systems. He said bidding for the
systems involve several bids and Motorola was the only
company that bidded the system in its entirety. He
recommended this Item be approved.
City Manager Kelly said he was recommending the waiver of
the bidding process for the system because Motorola was
the only firm who manufactures the console and the
two-way radio equipment. He said Motorola was willing to
accept responsibility and guarantee the entire
communication system. He said after the negotiations are
completed, the contract package would be brought back to
the City Council for adoption.
C/M Hoffman asked if negotiations could be entered into
without the bidding process and City Attorney Doody said
if the City Manager has determined and recommends to the
Page 22 V/
6/22/88
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City Council that this would be a sole source purchase,
the bidding requirements could be waived.
Mayor Abramowitz asked if the contract would indicate
that Motorola was the sole source for the system and City
Manager Kelly replied, yes.
VOTE:
Public Works
ALL VOTED AYE
11. MOTION TO APPROVE Addendum #16 to the engineering
agreemet wit nh Hazen & Sawyer in the total amount of
$13,000.00 to provide a reconnaissance and confirmatory
audit for the Public Works site located at 5650 NW 88
Avenue and APPROVE the budget transfer in the amount of
$20,000.00 from General Contingency Account 001--872-589--
975 to Public Works Special Services Account 001-179-519-
306 to provide funding for the audit.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
City Manager Kelly said in order to sell the Public Works
property, all buyers are looking for an environmental
audit to be performed by the seller. He said Hazen &
Sawyer's proposal provides an environmental audit for the
site at a cost of $20,000.00 which would include the
related lab fees.
TAPE 4
VOTE:
ALL VOTED AYE
12. DISCUSSION AND POSSIBLE ACTION regarding the traffic
engineering with Broward County.
SYNOPSIS OF ACTION:
DIRECTED the City Manager and City Attorney
to submit more information regarding the
City's liability and AUTHORIZED the City
Manager and City Attorney to approach the
County to get the Notice provision in the
contract waived.
Mayor Abramowitz relinquished the gavel to V/M Stelzer.
Mike CouzZO, Director of Public Works/Recreation, said
the Department of Public Works was asked to submit a
report on the existing Agreement with Broward County
Traffic Engineering as to whether it would be feasible
for the City to provide the services in-house as opposed
to continuing the contract with Broward County. He said
the report was conducted and submitted to the City and
the report included a copy of the County Agreement. He
said the Police Chief also submitted a letter which was
in the packet as well.
Mr. Couzzo said the City would have to terminate the
Agreement with the County 90 days prior to October 1,
1988; therefore, the City Council would have to approve
this Item at this time or direct staff to approve it
during their vacation.
City Manager Kelly said he, Mr. Couzzo and Police Chief
McIntosh felt it would be a good idea to handle the
City's traffic engineering in-house. He said there have
Page 23 `
6/22/88
been several complaints regarding the City's lack of
response in providing better trafficways. He said the
City has had several frustrating moments with Broward
County providing the necessary traffic needs.
City Manager Kelly said when Broward County responds,
they did not respond by giving the City a sign. He said
the County went through an engineering study to determine
whether or not the sign and speed limit was appropriate
and if the City was covered in terms of the liability.
He said the City was covered for liability while using
the County's contract.
City Manager Kelly said the City could be more responsive
in handling traffic matters in-house; however, there will
be a related expense of approximately $60,000.00. He
said staff was very concerned with the liability of the
City making determinations without a consultant;
therefore, a consultant would have to be hired to advise
the in --house engineers of the proper procedures in
traffic matters.
C/M Hoffman said the City would be responsible for
placing signs, etc., and Mr. Couzzo replied, yes;
however, the City could only make traffic laws on City
designated roadways.
C/M Rohr said he read that the State recently passed
legislation designating Municipalities place speed limit
signs without receiving approval from other agencies.
Mr. Couzzo said Chapter 316 of the State Statutes gave
direction to Municipalities regarding their rights to
establish speed zones.
C/M Rohr said the City may not be benefiting by doing
this in-house because of the additional costs. He said
at this time the City does not pay for the County's
services.
V/M Stelzer said there was an Item in Tallahassee where
traffic regulations were to be restricted and taken away
from the Municipalities. He said the Bill was defeated
and this is what prompted him to start investigating the
matter. He said many Municipalities controlled their own
roadways.
V/M Stelzer asked if the City had to buy sign machines or
if the signs could be bought from an outside agency and
Mr. Couzzo said the signs could be brought from an
outside agency. He said the amount of signs needed may
cost the City less by purchasing it through an outside
agency; however, it may end up costing the City as much
as it would to purchase the machines. He said the Cities
who are presently doing this in-house have found that the
machines are more economical than purchasing the signs
from an outside agency.
V/M Stelzer said it would be better to purchase the signs
from an outside agency as opposed to spending money for
Capital Expenditures. Mr. Couzzo said this could be
done.
At this time, V/M Stelzer gave the gavel back to Mayor
Abramowitz.
Page 24
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6/22/88
Mayor Abramowitz said this was a hard decision because
the matter needed immediate approval and it was the last
meeting before Council vacation. He said most of the
complaints he received from the residents referred to
signalization and it would be great if the City could
control their own roadways with signalization; however,
he was concerned with the City's liability in doing this.
Mayor Abramowitz asked the City Attorney to submit more
information regarding the liability and to contact the
County as to whether the time mandated in the County
contract could be waived so that the City could receive
more information.
City Attorney Doody said the contract indicated a
deadline of July 1, 1988 and he could not guarantee that
the County would waive the contract's deadline so that
the City could receive more information. He said the
County may make the City wait until next year before
coming to the decision. He said the Agreement would have
to amended by the County Commission as to whether the
City could delay their decision on the contract.
Mayor Abramowitz said he and the Mayor of Lauderhill are
presenting a petition to the Broward County Board of
Commissioners and they could inform the County Commission
at that time of the need for the waiver.
City Attorney Doody said the City could approach the
County with the need for the waiver; however, the County
Commissioners may not be acceptable to this request
because the City would be breeching part of the
Agreement.
City Manager Kelly said the County requested the contract
be approved by July 1, 1988 because they were in the
process of preparing their budget.
C/M Rohr asked what the City would be liable for putting
up the signs and City Attorney Doody read a portion of
the Agreement which stated, "County shall indemnify
Hold -Harmless and defend the City for all claims and
damages occurred as a result of traffic control devices
installed by the County or as a result of work performed
by the County, its agents and employees pursuant to the
terms of this Agreement".
City Attorney Doody said if the City Council decided to
have the traffic regulations in-house, the City would
have to defend the decision of their traffic engineers.
He said if there was an accident, a lawyer could allege
that the stop sign was improperly placed, etc. He said
the County assumed all responsibility under the present
Agreement and, if the Agreement was terminated, the City
would be in the position to have to defend its traffic
engineer's decision.
C/M Rohr asked if the City's insurance premiums would be
increased and City Attorney Doody said the Risk
Management Division would be able to answer this
question. C/M Rohr said he would like to know this
information and Mayor Abramowitz said the City did not
have the time to get the information.
V/M Stelzer said Mr. Couzzo submitted a letter indicating
that Coral Springs and Plantation have been using an
in-house traffic engineer for several years. He said
these Cities were not having problems and were able to
Page 25 1Y
6/22/88
install traffic signs within 24 hours. V/M Stelzer asked
if the City had any traffic lights on their own roadways
and Mr. Couzzo replied, no.
V/M Stelzer said if the City installed a 4-way stop sign
and someone ran the stop sign, the City would not be sued
because the stop sign was installed.
City Attorney Doody asked if the decision regarding
traffic signs would impact plat approvals. He asked if
access to and from the developments, etc., would be
impacted.
V/M Stelzer said the Planning Department handles this
matter at the present time.
C/M Rohr asked how City Manager Kelly felt about this
matter and City Manager Kelly said he was concerned with
liability. He said the liability could not be minimized
and he would like to have more information from the
County before approving this matter.
City Manager Kelly said he would like the City to hold
the responsibility of traffic signs; however, he was
uncomfortable with accepting the responsibility without
more information.
C/M Rohn said the City should not get into this
responsibility without further information regarding the
City's liability. He said the City should attempt to get
an extension from Sroward County so they could review
this matter further.
Mayor Abramowitz asked Police Chief McIntosh for his
opinion.
Chief McIntosh said he was very concerned about this
matter because traffic engineering was a very important
function. He said to have people who were not experts in
the traffic engineering field making traffic decisions
was not healthy to the City. He said the City has been
responsible in the past regarding traffic matters and it
was very costly to the City.
Mayor Abramowitz said the service was needed for the
residents in the City; however, he could not vote on this
matter until more information was received. He asked the
City Manager and City Attorney to prepare a package to be
submitted to the County Commission regarding the City's
need for further information on this matter before they
can make their decision.
City Manager Kelly said he could prepare this request to
the County after the meeting.
V/M Stelzer said he could see the City being liable for
removing a stop sign or traffic sign; however, he could
not see the City being liable for installing signs to
prevent hazardous traffic in the City.
Chief McIntosh said he felt the City should have
professional expertise in making traffic changes within
the City. He said the City needed professional advice to
protect the residents and act in the best interest of the
City.
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Page 26 -"%
6/22/88
Mayor Abramowitz asked if the City would be responsible
for placing stop signs where they are needed and City
Attorney Doody said the courts would decide if the City
was liable.
City Attorney Doody said he was employed by the General's
Counsel's Office of the County before coming to Tamarac
and one of the prime matters that was dealt with was the
litigation in traffic accidents. He said the General
Counsel had to defend the County's decision in placing
traffic signals. He said the actual impact of liability
regarding the City would be better addressed by the Risk
Management Department; however, he felt it would be more
important that the City had a professional opinion before
making decisions on traffic signals so the City could be
properly defended if needed.
City Attorney Doody suggested the City approach the
County to get a waiver for the Notice provision and bring
back the matter in August for Council consideration.
C/M Bender said the direction of the City Council should
be stated for the records "To direct the City Manager to
Obtain the necessary data for the City Council to make a
decision and direct the City Manager and City Attorney to
request a waiver of the Notice provision from the County
Commission."
V/M Stelzer asked what would happen if the County
Commission denied the request for a waiver of the Notice
provision and Mayor Abramowitz said the City would have
to continue their contract with the County.
Utilities/Engineering
13. MOTION TO APPROVE the transfer of $45,477.00 from
Util ty Line Relocations Account 432-367-535-653 to Pump
Station Construction Account 432-367-535-656 for funding
of construction of Pump Station #38.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
Mayor Abramowitz relinquished the gavel to V/M Stelzer.
Mr. Foy said this request was for an account number to
provide funds for lift stations required next year for
the Kings Point/Fairfax Project.
VOTE: Mayor Abramowitz - Absent
V/M Stelzer -- Aye
C/M Bender - Aye
C/M Hoffman - Aye
C/M Rohr - Aye
14. MOTION TO APPROVE final payment to Ken -Ann & Sons in the
amount of $18,283.63 on TUW Project 87-9 Sewage Treatment
Plant Closure and Dismantling and to ACCEPT the final release
of liens. P.O. 43015 and 41250.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
Page 27 ,�
6/22/88
Mr. Foy said this request was for final payment to the
contractor who eliminated the Wastewater Treatment Plant
and he recommended approval.
VOTE: Mayor Abramowitz - Absent
V/M Stelzer - Aye
C/M Bender - Aye
C/M Hoffman - Aye
C/M Rohr - Aye
15. a. MOTION TO AUTHORIZE Hazen and Sawyer, P.C. to perform
a ut lines rate study review in the amount of $15,000.00
for both water and sanitary services (Addendum #18) for TUW
Project 88-42, TUW/TUE Rate Study FY 88/89.
b. MOTION TO AUTHORIZE Hazen & Sawyer, P.C. to prepare
the TUW Annual Report for FY 87/88 at a cost not to exceed
$8,000.00 as required by Section 704 of the 1986 TUW Bond
Issue (Addendum #17) for TUW Project 88-57.
SYNOPSIS OF ACTION:
APPROVED a and b.
* a. C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Bender.
V/M Stelzer gave the gavel back to Mayor Abramowitz.
Mr. Foy said this request was for a rate study for the
proposed budget and he recommended approval.
VOTE: ALL VOTED AYE
* b. C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender.
Mr. Foy said this request was required by the Bond issue
and he recommended approval.
V/M Stelzer said this report would indicate that the City
had enough revenue to take care of the City's Bond Debt
Service. He said he questioned the Directors of Finance
and Utilities/Engineering and City Manager Kelly about
this matter. He said the Bond Indenture required the
City receive 120% above the requirement for the Bond Debt
Service and he asked what happened to 10% to 20% of the
monies being accrued in the retained earnings. He asked
why and in what manner the additional monies could be
distributed to the residents; however, he has not
received an answer.
Mr. Foy said he was not sure of the answer and he was
just as interested in an answer as V/M Stelzer because
the monies should be used for the benefit of the
residents.
Mayor Abramowitz asked V/M
Stelzer to submit a letter
with his concerns and copy
the letter to all of
the
Departments, City Attorney,
City Manager and the
City
Council. He said he would
like to get an answer
to these
questions and concerns.
VOTE:
Mayor Abramowitz
- Aye
V/M Stelzer
- Aye
C/M Bender
- Aye
C/M Hoffman
- Aye
C/M Rohr
- Absent
Page 28 L/.
6/22/88
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16. a. MOTION TO APPROVE Change Order #2 to the contract
with Campanella Construction Corporation in the amount of
$2,744.62 to cover additional asphalt, sod and pipe for
TUW Project 88-44, Drainage Improvements NW 76 Street.
This Change Order increases the contract from $99,694.00
to $102,438.62.
b. MOTION TO AUTHORIZE final payment to Campanella
Construction Corporation in the amount of $13,957.82 for
drainage improvements construction work and accept final
release of liens for TUW Project 88-44, Drainage Improve-
ments NW 76 Street. P.O. 42700, 41882 & final P.O. for
Change Order.
SYNOPSIS OF ACTION:
APPROVED a and b.
* a. C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr.
Mr. Foy said this contract was a unit price contract, the
increase was for the quantities needed and he recommended
approval.
VOTE: ALL VOTED AYE
* b. C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr.
Mr. Foy said this request was for final payment on the NW
76 Street Project. He said the work was completed and
approved by staff and he recommended approval.
V/M Stelzer asked if the final payment included the
additional monies requested on Item 16 a. and Mr. Foy
replied, yes.
VOTE:
ALL VOTED AYE
17. MOTION TO ACCEPT Morton Pump, Inc., as a sole source
to supply a new pump for Raw Water Well #1 to increase the
raw water supply to new customers in an amount not to exceed
$19,563.00 for TUW Project 88-46, Raw Water Supply Well
Redesign, Wells 1 through 9.
SYNOPSIS OF ACTION:
APPROVED.
* C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Bender.
Mr. Foy said this request was to get the well in
operation which was not operating presently because the
equipment failed and he recommended this Item be
approved.
V/M Stelzer asked where this well was located and Mr. Foy
said to the east of the Customer Service Building.
Mayor Abramowitz asked if the contractor was the only
agency available for the project and City Manager Kelly
replied, yes.
VOTE: ALL VOTED AYE
Page 29
6/22/88
RESOLUTIONS
Building Department
18. MOTION TO ADOPT Tem2. Reso. #5088 approving a waiver
Co the sign Code for a second permanent, single -faced community
identification ground sign for SPYGLASS CONDOMINIUM located at
the entrance to Spyglass.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R--88-188 - PASSED
City Attorney Doody read Temp. Reso. #5088 by title.
* C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender.
Dale Lee, Assistant Building Official, said Spyglass
Condominium requested two sign applications and one was
denied because the Ordinance only allowed one ground sign
to display the name of a Subdivision. He said Spyglass
Condominium currently has two signs, is replacing them
with new signs and he recommended approval.
VOTE:
ALL VOTED AYE
19. MOTION TO ADOPT Temp. Reso. #5107 approving a waiver to
the sign Cood—e—Yor two (2) wall signs, one on the southeast
elevation and one on the southwest elevation of ALL SAINTS
LUTHERAN CHURCH located at 7875 McNab Road.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-189 - PASSED
City Attorney Doody read Temp. Reso. #5107 by title.
* C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
Mr. Lee said All Saints Lutheran Church applied for two
signs and the permit was granted; however, during the
installation process, the sign installer could not get
all of the wording on two lines as required by the
Ordinance. He said the sign was installed reflecting
three lines of copy and he recommended approval of the
waiver.
VOTE:
City Council
ALL VOTED AYE
20. MOTION TO ADOPT Temp. Reso. #5095 appointing five (5)
regular —members and two (2) alternate members to the PUBLIC
INFORMATION BOARD and repealing all prior Resolutions in
conflict.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-190 - PASSED
APPROVED.
City Attorney Doody read Temp. Reso. #5095 by title.
* C/M Bender MOVED APPROVAL of Temp. Reso. #5095, SECONDED by
* C/M Hoffman.
C/M Rohr appointed the following to the Public
Information Board as Regular members with terms that
expire June 10, 1989:
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Page 30 _
6/22/88
1
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Louis Silverman as Chairman
Ben Chicofsky
Muriel Davis
Herman Shulman
Jack Leffar
C/M Rohr appointed the following to the Public
Information Board as Alternate members with terms that
expire June 10, 1989:
Esther Garfinkle
Sam Tepper
TAPE 5
VOTE:
ALL VOTED AYE
21. MOTION TO ADOPT Temp. Reso. #5070 urging the Department
of Transportation to arrange for installation of proper signs
at approaches to every exit on the Florida Turnpike in Broward
County designating the name of the City or Cities adjacent to
the various exits from the turnpike.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88--191 - PASSED
City Attorney Doody read Temp. Reso. #5070 by title.
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
V/M Stelzer said the Broward League of Cities recommended
this installation and he recommended approval.
VOTE:
Community Development
ALL VOTED AYE
22. MOTION TO ADOPT Temp. Reso. #5097 approving the final
site plan and related documents for TACO BELL (located at
7625 W. Commercial Boulevard).
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88--192 •- PASSED
City Attorney Doody read Temp. Reso. #5097 by title.
* C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Bender.
Mrs. Brown -Porter, City Planner, said the zoning on the
property was B-1 and the Master File is 21-87. She said
the Legal Description of the property is VMI, an
unrecorded plat. She said the type of use requested is a
final site plan and the number of acres are 1.2190. She
said the Planning Commission approved this Item on June
1, 1988 and she recommended approval.
City Attorney Doody said in addition, the approval would
include a Blanket Safety Ingress/Egress Easement and a
Water and Sewer Developer's Agreement.
VOTE:
ALL VOTED AYE
23. MOTION TO ADOPT Temp?. Reso. #5098 approving a revised
site plan and related document76r MCDONALDS.
(northwest corner of Commercial Boulevard and University
Drive).
Page 31 �,/
6/22/88
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-193 - PASSED
APPROVED subject to the approval of
the Declaration of Restrictions.
City Attorney Doody read Temp. Reso. #5098 by title.
* C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender.
Mrs. Brown -Porter said the zoning on the property is B-1
and the Master File is 25-77. She said the type of use
requested is a revised site plan for additional parking.
She said the Planning Commission approved this Item on
June 1, 1988 and she recommended approval subject to the
approval of the Declaration of Restrictions.
VOTE:
ALL VOTED AYE
24. MOTION TO ADOPT Temp. Reso. #5017 approving and accept-
ing an Agreement to the Declaration of Covenants and Restric-
tions offered by Colony West Joint Venture pertaining to Parcel
"R" of WOODLAND LAKES (tabled on 6/8/88).
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-194 - PASSED
City Attorney Doody read Temp. Reso. #5017 by title.
* C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Bender.
VOTE:
ALL VOTED AYE
26. MOTION TO ADOPT Temp Reso. #5099 approving a final site
plan and related documents for STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY located at 8301 W. McNab Road.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-195 - PASSED
City Attorney Doody read Temp. Reso. #5099 by title.
* C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
27. MOTION TO ADOPT Temp. Reso. #5101 approving a site plan
and related documents for WATERS EDGE project.
(located on the east side of NW 94 Avenue and NW 59 Street)
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-196 - PASSED
City Attorney Doody read Temp. Reso. #5101 by title.
* C/M Rohr MOVED to APPROVE this Item, SECONDED by C/M Bender.
Mrs. Brown Porter said the zoning on the property is R-3
and the Master File is 8-87. She said the Legal
Description of the property is Lots 1 through 5 and the
south 50-feet of Lot 6 of Block 26, Lyons Industrial
Park, Plat Book 71, Page 1. She said the type of use
being requested is a final site plan and the number of
acres are 3.44. She said the number of units are 34 and
staff and Planning Commission recommended approval.
City Attorney Doody asked Mrs. Brown -Porter to state for
the record the waiver for the seawall requirement. Mrs.
Brown -Porter said a waiver was submitted in accordance
Page
6/22/88
L
with the Utilities Department, which included: Water and
Sewer Developer's Agreement, Water Retention Agreement,
Right--of--Way Deed, Blanket Safety Ingress/Egress Easement
and the waiver of the seawall.
VOTE:
ALL VOTED AYE
28. MOTION TO ADOPT Temp. Reso. #5108 providing for public
paw cipatia zri n tie planning process associated with the
revisions and update of the Tamarac Comprehensive Plan in
accordance with Chapter 163 F.S., the Local Government
Comprehensive Plan, Land Development Regulation Act and
Chapter 9J-5, Florida Administrative Code, Section 9J-5.004.
SYNOPSIS OF ACTION:
APPROVED.
RESOLUTION NO. R-88-197 - PASSED
City Attorney Doody read Ted_ Reso. #5108 by title.
* C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman.
Mike Von Hofen, Assistant City Planner, said this Item
pertained to public participation regarding the 9J-5 Rule
and the Comprehensive Plan. He said public participation
was required on the elements and the final drafting of
the documents and he recommended this Item be approved.
Melanie Reynolds, Resident of Sands Point, said she
objected to the Planning Commission's operation being
invaded. She said when issues are going before the
Planning Commission, they should be able to discuss the
matter; however, this Resolution would not give the
Planning Commission the opportunity to discuss or
participate in the 9J-5 Rule.
VOTE:
Finance Department
ALL VOTED AYE
29. a. MOTION TO ADOPT Temp. Reso. #5109 approval a Letter of
Engagement with Touche Ross & Co., pertaining to auditing
services for Fiscal Year 1987/88.
b. MOTION TO AUTHORIZE the City Manager to make arrangements
for the audit of Utilities operations pursuantto the
Charter.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-198 - PASSED
a. APPROVED subject to the auditing of one
department.
b. AGENDIZED by Consent on Page,.
APPROVED.
City Attorney Doody read Temp. Reso. #5109 by title.
* C/M Bender MOVED to APPROVE Item 29. a., SECONDED by C/M Rohr.
Ken Burroughs, Finance Director, said Touche Ross,
Auditors, submitted a Letter of Engagement, he reviewed
the Letter with them and he recommended approval.
Vickie Beech, Resident, said she has expressed her
concerns regarding the City hiring different auditors
after so many years. She said the City would maintain a
healthy experience by doing this. She recommended that
one Department each year be audited individually.
Page 33 .
6/22/88
V/M Stelzer said the audit of one department each year
was not included in the contract and Mr. Burroughs said
the audit of one department had been agreed upon by
Touche Ross.
V/M Stelzer said he would like the contract to contain
the stipulation that an audit of one department would be
conducted each year and the Finance Director would
designate the department.
City Attorney Doody said this matter could be agreed upon
by a letter stating the audit of one department each year
as designated by the Finance Department.
Mr. Burroughs said the extension of time for the auditors
would only be until 1989, at which time the City would be
requesting proposals for auditing services for at least a
three year period or no more than a 5 year engagement.
He said a fresh pair of eyes may be appropriate.
b. V/M Stelzer said Charter Section 5.05 indicated that the duties
of the City Manager are to immediately audit the accounts
of any Officer or Department Head handling public funds
upon death, resignation, removal or expiration of the
term of office. He suggested TUW be audited and he asked
who would do the audit and how much it would cost.
City Manager Kelly said he would discuss this matter with
Mr. Burroughs.
* V/M Stelzer MOVED to AUTHORIZE the City Manager to arrange
* an audit of the Utilities Operation as required in Section
* 5.05 (h) of the City Charter, SECONDED by C/M Bender.
VOTE: ALL VOTED AYE
City Council
37. MOTION TO ADOPT Temp. Ord. #1392 on first reading to
amend Article II, Section 18A-8(c) of the Code to delete the
requirement that two (2) members of the Parks and Recreation
Board be between 16 and 19 years of age.
SYNOPSIS OF ACTION:
APPROVED on first reading.
City Attorney Doody read Temp Ord. #1392 by title.
* C/M Hoffman MOVED to APPROVE Tem-_p. Ord. #1392 on
* first reading, SECONDED by C/M Rohr.
V/M Stelzer suggested the two vacant positions on the
Parks and Recreation Board be announced and City Attorney
Doody said before the positions are announced, the
Ordinance should be passed on second reading which will
be held at a Public Hearing during the August 10, 1988
Regular City Council meeting at 7:30 P.M.
VOTE: ALL VOTED AYE
Page 34 �/
6/22/88
Community Development
38. MOTION TO ADOPT Temp. Ord- . #1387 on first reading
amending Chapter 18 of the Code pertaining to off-street
parking and loading, amending Section 18-3(1)(d) to permit
ninety (90) degree parking in all non-residential parking
spaces.
SYNOPSIS OF ACTION:
APPROVED on first reading.
City Attorney Doody read Temper Ord. #1387 by title.
City Attorney Doody said Page 21 Line 1, should be
amended to reflect "90 degree parking" as a
strike -through.
* C/M Hoffman MOVED to APPROVE Temp. Ord. #1387 on
* first reading, SECONDED by C M Bender.
Mr. Von Hofen said this Ordinance would amend Chapter 18
of the City Code and pertained to 90 degree parking. He
said 90 degree parking was required to go through the
waiver process. He said staff studied 90 degree parking
and reviewed other Cities using this type of parking. He
said the Planning Commission approved this Item and he
recommended approval.
V/M Stelzer asked if there would be two-way traffic in
between the parked cars and Mr. Von Hofen replied, yes.
V/M Stelzer suggested the Code be changed to reflect
one-way traffic for parking less than 90 degrees and, at
the exit of the one-way street, "Do Not Enter - One Way"
signs be installed.
C/M Hoffman agreed with this suggestion and asked if the
Ordinance could be amended to reflect this suggestion for
the second reading. City Attorney Doody replied, yes.
Vickie Beech, Resident, asked if other types of parking
could be used and Mr. Von Hofen replied, yes.
VOTE: ALL VOTED AYE
AGENDIZED BY CONSENT
City Council
39. MOTION TO ADOPT Temp Reso. #5110 authorizing the
appropriate City_Officials to declare the month of July as
"Crackdown Month" in the City of Tamarac.
SYNOPSIS OF ACTION: RESOLUTION NO. R-88-203 - PASSED
AGENDIZED by Consent on Page 2.
APPROVED.
City Attorney Doody read Te- mp. Reso. #5110 by title.
Ik V/M Stelzer MOVED to APPROVE this Item, SECONDED by C/M Bender.
V/M Stelzer said the Broward League of Cities recommended
that the Month of July be designated as "Crackdown
Month", which meant to crackdown on the use of crack
cocaine. He recommended this Item be approved.
VOTE: ALL VOTED AYE
Page 35 1
6/22/88
City Manager
40. MOTION TO APPROVE the purchase of Apple Computer Equipment
(two work stations sharing one laser printer) in the amount of
$13,276.00 under Palm Beach School Board Contract #SB-88C-215L
in lieu of bidding, with funds to come from the City Clerk
Office Equipment Account 001-112--519-641.
SYNOPSIS OF ACTION:
AGENDIZED by Consent on Page 2.
APPROVED.
City Manager Kelly said the City Council authorized in
January, 1988, the approval to purchase computers for the
City Clerk's Office by transferring monies from the City
Manager's Office Account to the City Clerk's Office
Account. He said,the day before the City Council
authorized the transfer, the City's State Contract
expired. He said•a, new contract with the State was being
challenged and was presently under litigation; however,
the Purchasing Department sought other avenues of
approach. He said Palm Beach County has been willing to
accept the City on their contract and the difference
would be $398.47 additional to the previously authorized
amount. He recommended this Item be approved.
* C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Bender.
Mayor Abramowitz asked if the equipment would be
installed in the new City Hall Complex and City Manager
Kelly said the equipment can stand alone; however, the
new City Hall Complex would be wired to accommodate the
new equipment.
VOTE: ALL VOTED AYE
AGENDIZED BY CONSENT
Ciiy Manager
42. a. MOTION TO APPROVE AND AUTHORIZE a Committee to select and
negotiate with a qualified, registered golf course architect
to advise the City on the Sabal Palm Golf Course; Committee
to consist of John Kelly, Mike Couzzo, Mike Von Hofen and
Ken Burroughs.
b. MOTION TO APPROVE the transfer from Contingency Account
an amount not to exceed $15,000.00 to an Account to be
established by the Finance Department for the purpose of
funding the services to be provided by Golf Course Architect
for Sabal Palm Golf Course project.
SYNOPSIS OF ACTION:
APPROVED a and b.
a. City Manager Kelly recommended approval on this Item and City
Attorney Doody said Council suggested he be a member of
the Committee; however, the matter may go to litigation
and it may be a conflict of interest if he participated
in the Selection and Negotiating Committee plus defend
the lawsuit.
C/M Rohr asked if the City should continue this matter
even though there is thought that the matter may go to
litigation and City Attorney Doody replied, yes.
Page 36 ��
6/22/88
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* a, C/M Bender MOVED to APPROVE Item 42. a., SECONDED by C/M
* Hoffman.
VOTE:
ALL VOTED AYE
b. City Manager Kelly suggested an amount not to exceed $15,000.00
be transferred from the Contingency Account to an Account
established by the Finance Department for the funding of
the services of the Golf Course Architect.
* C/M Bender MOVED to APPROVE Item 42. b. to transfer monies
* from the Contingency Fund to an Account established by the
* Finance Department for the services of a Golf Course Architect
* in an amount not to exceed $15,000.00, SECONDED by C/M Rohr.
Mayor Abramowitz had concerns with the funding not being
enough, which would result in delaying the matter with
Sabal Palm Golf Course. City Manager Kelly said
$15,000.00 should be a sufficient amount for the
Architect.
City Manager Kelly said this matter would be brought to
the City Council at the end of July for City Council
approval providing there is a quorum of the City Council
available.
VOTE:
ALL VOTED AYE
With no further business, Mayor Abramowitz ADJOURNED the
meeting at 12:30 P.M.
CAROL E. BARBUTO, CITY CLERK
"This public document was promulgated at a cost of $195.33 or $5.43 per
copy to inform the general public, public officers apd employees of
recent opinions and considerations of the City Council of the,,City of
Tamarac."
CITY OF TAMARAC
APPROVED AT MEETING OF G
City Clerk
Page 37
T6
NORTHWEST COUNCIL OF MAYORS
REGULAR MEETING
JUNE 13, 1988
HOST: TAMARAC
MEETING HELD AT: Colony West Country Club in Tamarac
CHAIRMAN: Norman Abramowitz, Mayor of Tamarac
PRESENT: SEE ATTACHMENT
13-1-11ac
The meeting of the Northwest Council of Mayors was called
to order by Mayor Norman Abramowitz at 1:00 P.M., June
13, 1988.
1. APPROVAL OF MINUTES FOR MAY 9, 1988
Mayor Lieberman said Page 2, Line 4, "can't" should be
changed to "can'
Mayor Goldsmith said Page 2, Line 4, "assert" should be
changed to "exert".
Mayor Lieberman MOVED to APPROVE the Minutes of May 9,
1988 as Amended, SECONDED by Mayor Goldsmith.
VOTE:
ALL VOTED AYE
-------------------------.-------__-------_------___---___----
Ron Greenstein said the School Board was currently
contacting all of the Broward County Commissioners
regarding problems with the Broward County Planning
Department. He said the School Board wanted to begin
building the new schools on the Bond Issue; however, the
Broward County Planning Department did not want the
building of the schools to begin until all the platting
for the schools were completed. He said this matter
would delay the building of the schools for six (6)
months or more.
Mr. Greenstein said at the Broward County Commission
meeting of June 21, 1988, there will be a proposal
demanding that the Broward County Planning Department
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deal with the Broward County School Board immediately and
have the platting completed by the time the schools are
vacated for summer.
Mr. Greenstein said it was very important that all the
Cities show their support of this matter to the Broward
County Commission. He said the City of Coconut Creek had
an Agreement with the Broward County School Board that
the completion of their platting was not necessary for
approval by the Cities. He said the schools needed to be
completed before the Bond Issue time ran out; therefore,
all the Cities should support the Broward County School
Board. Mr. Greenstein suggested all the Cities pass
legislation regarding their support for the Broward
County School Board in this matter.
Mayor Abramowitz said the Broward County School Board was
asked to attend this meeting; however, the Broward County
School Board would not be able to meet with the Northwest
Council of Mayors until August. He suggested the Host
City of September or after meeting, schedule a meeting
with the Broward County School Board.
Mayor Lieberman suggested Mr. Greenstein send a form
Resolution to all of the Cities regarding this matter and
ALL AGREED.
Dan Pearl said he was Secretary of the Broward League of
Cities and, if the Northwest Council of Mayors wanted to
bring this matter before the Broward County Commission, a
copy of the Resolution should be submitted to him. He
said he would submit the Resolution at the Board of
Directors meeting for the Broward League of Cities.
(SEE NEW BUSINESS FOR FINAL ACTION)
4. RECYCLING (Proposed by the City of Tamarac)
Bert Lauer, Waste Management
Warren Smith, Waste Management
Mike Cortezman, Waste Management
Bob Kauth, Waste Management
Bert Lauer said recycling meant using parts of the waste
stream for its material value and placing it back into
the manufacturing process. He said a burn facility was a
resource recovery facility and did not obtain the same
purpose or value as recycling. Mr. Lauer said the
recycling programs have been in existence for many years
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and the markets for recycling fluctuate over time. He
said the problems with the disposal of solid waste have
become worse and the recycling programs are becoming very
popular because of this. He said the State recently
passed legislation addressing the solid waste and
recycling issues.
Bob Kauth said the .State's Goal for solid waste and
recycling are as follows:
1994 - 30% reduction of the volumes that are
generated.
Jan. 1, 1989 - Lead acid batteries could not be disposed
of in landfills or picked up by the hauler.
The retailer would be responsible for
reciprocating such batteries.
Metal flip out (not in) tab cans would be
banned.
Tires would have to have a separate recycling
center.
July 1, 1989 - Cities would have to begin recycling
-programs involving newspaper, glass,
plastic bottles and aluminum cans.
Separation of construction and demolition
debris into a separate landfill facility.
Plastic ring for 6 pack cans would be banned..
Jan. 1, 1990 - Plastic bags from grocery stores would be
banned.
Foam Products have to be bio-degradable
within a 1 year time period by burial and
photo -degradable within a 4 month time period.
Oct. 1, 1990 - Products such as styrofoam would be banned.
July 1, 1992 - All plastic containers have to be identified
by the type of plastic.
1993 -- A one (1) cent per container charge will be
implemented if 50% of the cans, bottles and
jars are not being recycled.
1995 - A five (5) cent per container charge will be
implemented if 50% of the cans, bottles and
jars are not being recycled.
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Mr. Kauth said there will be approximately $25,000,000.00
per year available in grants for the Cities, Counties
and, in some cases, private sectors. He said the
Counties would be responsible in seeing that the Cities
are implementing a program by sending the Cities'
programs to the State. He said the Cities and Counties
revenue sharing by the State would be jeopardized if a
recycling program was not implemented.
Mayor Gereffi asked how often material could be recycled
and Mr. Lauer said the recycling rate for paper was about
30% and when the material goes back into the mill for
recycling, a small percentage of virgin fibers are used
to obtain strength. He said this matter was not a
concern because the quality was controlled at the mill
level.
Mr. Lauer said there were two clauses in the legislation
recently passed by the State that should be of concern,
by July 1, 1989, every City and County should have a
recycling program which addressed newspapers, cans, glass
and plastic bottles and, by 1994, a 30% reduction in
volume of the waste stream is to be accomplished. He
said a 30% reduction in volume of the waste stream would
take a lot of work such as curb side collection,
com-posting of yard waste, etc.
Mr. Lauer said the first collection system was a drop off
center where the residents had a facility to drop off the
materials and the keeper of the facility was paid for
maintaining the facility. He said this system has been
existing in Broward County for several years; however,
the recovery rate was only 5% to 7% of the available
material and, it was a significant reducer of the waste
stream.
Mr. Lauer said the second collection system was a buyer
center where the residents brought their material to a
center, had it weighed and was reimbursed for the value
of the materiel. He said the recovery rate would
increase to 10% to 20% of the available materials.
Mr. Lauer said the third collection system was the curb
side system which consisted of a vehicle and men picking
up the items placed at the curb on a certain collection
day. He said this system was the most convenient and
there was a recovery rate of 60% to 80% and a 10% to 20%
reduction in the overall residential waste stream.
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Mr, Lauer said there were 3 types of curb side
collection. The first system was the 3 bin system which
consisted of three bins with an 11 gallon capacity per
bin, one was marked cans, one was marked glass and one
was marked newspaper. He said once a week the truck
would pick up the containers set at the curb by the
residents. He said the residents are encouraged not to
place the containers by the curb side until they are
full. He said the upfront cost for the bins was
significant and each bin would cost approximately $5.00.
He said this system provided clean separated material
which was taken to a processing facility.
Mr. Lauer said the second system was a one bin
system/truck side sort. He said instead of 3 bins, each
home is given one container with a 14 gallon capacity.
He said the bottles and cans could be placed in the bin
in a mixed condition with the newspaper on top. He said
the collector would sort at the truck or the material
could be taken to the facility and separated. He said
this system is in existence; however, it was not the most
efficient system but the upfront costs were less. He
said Broward County had a population threshold to make
this system feasibly operable because the 3 bin system
would be for a smaller population threshold. He said the
bin for this type of system would be $5.00 per bin.
Mayor Gereffi asked how condominium material would be
handled and Mr. Lauer said the condominium's
multi -material separation system could be handled by the
maintenance people of the building by picking up at each
door. He said there was a vehicle presently being
developed which was a front-end loader truck that would
pick up a partitioned container and separate the
materials into the appropriate partitions within the
truck.
There were concerns regarding revenue for the Cities by
the use of these programs and Mr. Lauer said there would
be some type of agreement with the Cities regarding
revenue; however, the revenue generated and the avoided
costs would pay for the programs and the additional
collection costs.
Mr. Lauer said Waste Management presently had 24
multi -material programs in the Country and Canada. He
said there were 2 multi-naterial programs in Florida;
however, the biggest multi -material program existed in
San Jose, California.
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At this time, Mr. Lauer displayed a video of the San
Jose, California program and a commercial presently being
advertised about.the program.
Mr. Lauer said there was a 6 month pilot program at this
time in Tallahassee. He said the program has been in
existence for 2 months and the recovery rate has been
32%. He said there were tours available to see how the
pilot program was operating and if anyone was interested
they should contact Waste Management.
After expressing concerns regarding the costs and
effectiveness of the programs, all AGREED to receive more
information on the program and the costs.
(SEE NEW BUSINESS FOR FINAL ACTION)
2. OLD BUSINESS
There was no old business.
3. NEW BUSINESS
Mayor Gereffi said he would not be able to Host the
September meeting and would .like to exchange that meeting
with the October Host.
Mayor Abramowitz said he would contact the City of
Margate to see if they could Host the September 19, 1988
meeting.
A MOTION was made for the Host City of the September
meeting to INVITE Waste Management back to submit a
report of the costs of the San Jose, California, program
before and after the implementation of the multi -material
program and, there was a SECOND.
►I�Fii �I
ALL VOTED AYE
A MOTION was made that the Northwest Mayor's Council go
on RECORD in support of the Broward County School system
to start construction throughout the County prior to the
platting of the school site and, hereby REQUEST the
Broward County Commission vote and support the proposal
presented by the School Board on June 21, 1988 and, there
was a SECOND.
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VOTE: ALL VOTED AYE
5. NEXT MEETING DATE - September 19, 1988
After the Host City is appointed, the members would be
informed by the Host City, of the time and place of the
meeting.
6. ADJOURNMENT
With no further business, Mayor Abramowitz ADJOURNED the
meeting at 2:00 P.M.
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M4N ABRAMOWITZ
M YOR OF TAMARAC
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cc: Mayor and City Council, Tamarac
City Manager, Tamarac
Mayor Sam Goldsmith, Coconut Creek
Mayor O.B. Ben Geiger, Coral Springs
Mayor Al Gereffi, Lauderdale Lakes
Mayor Ilene Lieberman, Lauderhill
Mayor Leonard Weisinger, Margate
Mayor Carl Fusco, No. Lauderdale
Mayor Sal Pagliara, .Parkland
Mayor Frank Veltri, Plantation
Mayor John Rodstrom, Sunrise
Walter W. Falck, Broward League of Cities
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