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HomeMy WebLinkAbout1988-06-22 - City Commission Regular Meeting Minutes1 r4 u n r 'c�ORIQP 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. Page 1 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. E 1-1 Page 2 6/22/88 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. k. 0 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. Page 3 6/22/88 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 1 Page 4 6/22/88 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. Page 5 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. 1 1 1 Page 6 6/22/88 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. Page 7 6/22/88 I 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. 1 1 I Page 8 6/22/88 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. I RESOLUTION NO. R--88-202 PASSED. Page 9 6/22/88 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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. 1 J 1 Page 10 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. 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. Page 11 6/22/88 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 1 1 0 Page 12 6/22/88 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. Page 1 u 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. Page 2 / L-1 �J 6/22/88 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 1 L] 1 6/22/88 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. 1 1 Page 16 ��- " 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 C, 1 1 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 F 1 L J 1 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 1 1 1 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 1 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. 1 1 1 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 1 1 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: 1 1 I Page 30 _ 6/22/88 1 1 1 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 1 C l * 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 Page 1 „ g„ I� ,-q -�- f, s__ �. e_,�s /-7'-- v 1 / 2 /Q P o o wit c- L P,' ,f e- 1 rl G 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 Page 2 19- 14 -.-�ac-l_ � -4-s tv P��ao C',-.,r-C Me x` S A,5 e- '7 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. Page 3 �' , o �` � ee- 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. Page 4 0-P "9 Aeet:?l 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. Page 5 [D-P r E " 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. Page 6 O• ,, F It T 7'c- C-11 -7L' d - s— 117�5 e 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. r M4N ABRAMOWITZ M YOR OF TAMARAC /Pw 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 Page 7 o4-' "8 N01LWWfS7 COUNCIL Of 7't4dLJ0?tS bATE' Acme print: Nanw Affiliation Address Pfwtu IN t &tp W72 0. � {1 . T 2 !' I � 1 . v w. AV � r r J