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HomeMy WebLinkAbout1988-09-14 - City Commission Regular Meeting Minutes1 7525 N.W. 88th AVENUE TAMARAC, FLORIDA 33321-2401 RECORD OF COUNCIL ACTIONS/DISCUSSION CITY OF TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, SEPTEMBER 14, 1988 CALL TO ORDER: 7:00 P.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. CONSENT AGENDA 1. Items listed under Consent Agenda, Item 1, are viewed to be routine and the recommendation will be enacted by one motion in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. Building,Department a. MOTION TO ADOPT Temp. Reso. #5144 releasing a cash bond in the amount of $3,000.00 posted by COLONY WEST COUNTRY CLUB for the construction of a new exit stairway (Permit #87-2428). FINAL ACTION: RESOLUTION NO. R-88-227 APPROVED. City Clerk b. MOTION TO APPROVE the minutes of the following City Council meetings: 1) 8/10/88 - Regular Meeting 2) 8/16/88 - Special Meeting 3) 8/24/88 -- Regular Meeting 4) 8/30/88 - Special Meeting FINAL ACTION: APPROVED. c. MOTION TO APPROVE renewal of a model sales permit for TAMARAC GARDENS #3 in Building 6, Units 104 and 105, and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six --month period from 10/12/88 to 4/12/89. FINAL ACTION: APPROVED. Page 1 9/14/88 Personnel Department 1.. d. MOTION TO ADOPT Temp. Reso. #5157 authorizing the Tamarac Kiwanis Club to sell beer at the City Street Fair to be held on Saturday, October 8, 1988, and Sunday, October 9, 1988. FINAL ACTION: RESOLUTION NO. R-88-228 REMOVED for discussion and then APPROVED. Public Works Department e. 1. MOTION TO ADOPT Tem Reso. #5158 authorizing the appropriate City officials to complete an application with Broward County Board of County Commissioners for a child care license required for the City's After School Program. 2. MOTION TO ADOPT Temp. Reso. #5159 authorizing the execution of an application and lease with the Superintendent of Broward County Schools for use of the Tamarac Elementary School facilities from 8/29/88 to 6/16/89 for the City's After School Program. FINAL ACTION: APPROVED e.l. and e.2. Utilities/Engineering RESOLUTION NO. R-88-229 RESOLUTION NO. R-88-230 f. MOTION TO ADOPT Temp. Reso. #5143 releasing warranty Letter of Credit UNB-962 in the amount of $44,716.44 posted for public improvements for the CALICO COUNTRY, PHASE 2 project. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-231 g. MOTION TO ADOPT Temp._Reso. #5127 accepting a Tamarac Utilities East Water and Sewer Utility Easement offered by Raymond A. and Leona Rogers for a sewer line from the NATIONAL SAFETY COUNCIL project to an existing sewer line on NW 19 Way (tabled on 8/10/88). FINAL ACTION: APPROVED. RESOLUTION NO. R-88-232 OPEN PUBLIC FORUM 2. 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. 3. City Council 4. City Manager 5. City Attorney REPORTS 1 7 Page 2 9/14/88 CONSIDERATIONS City Council -- V/M Stelzer 6. REPORT, DISCUSSION AND POSSIBLE ACTION on a Recycling Program (tabled on 8/10 88). FINAL ACTION: Mayor will call workshop meeting. City Attorney will look into ordinance regarding piracy of paper. 7. DISCUSSION AND POSSIBLE ACTION to determine whether the City Attorney shall prepare legislation to rescind Ordinances 75-32 and 78-2, Interim Services Fee, Code Section 7-1.3. FINAL ACTION: TABLED for City Attorney to review. Community Development 8. MOTION TO APPROVE a model sales facility for GREENVIEW APARTMENTS in Building #9 for a six-month period from 9/14/88 to 3/14/89 (tabled on 8/10/88) FINAL ACTION: APPROVED. General Administrative 9. MOTION TO AUTHORIZE the transfer of $33,707.20, which was received from the Broward County Board of Commissioners on behalf of the Sawgrass Authority, into Beautification Donations Account #135-366-912. FINAL ACTION: APPROVED. Utilities/Engineering 10. MOTION TO APPROVE Change Order #4 to the contract with R.J. Sullivan Corporation in the amount of $4,372.89 covering relocation of the drain and raw water lines in conflict with design plans for TUW Project 86-14, Water Treatment Plant Improvements. This change order increases the contract from $2,205,587.07 to $2,209,959.96. FINAL ACTION: APPROVED. 11. MOTION TO APPROVE Addendum #20 to the engineering agreement with Hazen and Sawyer in the amount of $15,900.00 to provide plans, specifications and construction management services on TUW Project 88-12, Pump Additions and Modifications to Tract 27 Pump Station; and to AUTHORIZE the transfer of $15,900.00 from TUW Appropriated Fund Balance Account #434-389-115 to Tract 27 Pump Station Account #434-393-535-6PK to provide funding for this addendum. FINAL ACTION: APPROVED. Page 3 9/14/88 RESOLUTIONS Building Department 12. MOTION TO ADOPT Temp. Reso. #5169 declaring the double -wide trailer at the rear of old City Hall as surplus equipment and authorizing City personnel to demolish and dispose of this trailer. FINAL ACTION: APPROVED. City Clerk RESOLUTION NO. R-88-233 13. MOTION TO ADOPT Tem . Reso. #5161 awarding Bid #88-27 for a Canon 780 microfilm reader printer in the amount of $13,545.00 to INFORMATION MANAGEMENT OF FLORIDA and to AUTHORIZE the transfer of $14,289.00 from various accounts to City Clerk Special Equipment Account 001-112-519-647. FINAL ACTION: APPROVED. Community Development RESOLUTION NO. R-88-234 14. MOTION TO ADOPT Temp. Reso. #5156 approving a revised site plan for MOBIL OIL SERVICE STATION at the northwest corner of NW 88 Avenue and NW 77 Street reflecting replacement of existing gas pumps and canopies. FINAL ACTION: APPROVED. RESOLUTION NO. R-88-235 15. MOTION TO ADOPT Temp. Reso. #5154 approving a revised site plan for BARNETT BANK reflecting a minor change of footprint and revised vehicular circulation. (located at the northeast corner of University Drive and NW 82 Street) FINAL ACTION: APPROVED. RESOLUTION NO. R-88-236 16. MOTION TO ADOPT Temp. Reso. #5152 approving a revised site plan for AMERICAN CABLEVISION reflecting a second floor addition. (located at 6115 NW 77 way) FINAL ACTION: APPROVED. RESOLUTION NO. R-88-237 1 1 1 Page 4 9/14/88 17. a. MOTION TO ADOPT Temp. Reso. #5162 authorizing the appropriate City officials to execute a Termination of Irrevocable Option with The Edward Rack Corporation for COLONY COVE (WOODLAND LAKES, PARCEL L). b. MOTION TO ADOPT Temp. Reso. #5163 authorizing the appropriate City officials to execute a Termina- tion of Irrevocable Option with Colony West Joint Venture for COLONY COVE (WOODLAND LAKES, PARCEL L). C. MOTION TO ADOPTTemp._Reso. #5150 approving a revised site plan for COLONY COVE (WOODLAND LAKES, PARCEL L) reflecting elimination of the northern access to Colony West Country Club and reduction of the total units to 39. d. MOTION TO ADOPT Temp. Reso. #5163 accepting a new Irrevocable Option offered by Colony West Joint Venture for COLONY COVE (WOODLAND LAKES, PARCEL L) pertaining to private streets. (located on the east side of NW 88 Avenue, south of Colony West Country Club) FINAL ACTION: RESOLUTION NO. R-88-238 RESOLUTION NO. R-88-239 RESOLUTION NO. R-88-240 RESOLUTION NO. R-88-241 APPROVED 17a, 17b, 17c and 17d. 18. a. MOTION TO ADOPT Temp. Reso. #5151 approving a plat for SUN BANK EAST. MOTIONb. - ADOPT -- Temp_. Reso. #5153 approving a _.--------„ ..., .._--- development order and related documents for SUN BANK EAST. (located on the southeast corner of Commercial Boulevard and NW 38 Terrace) FINAL ACTION: RESOLUTION NO. R-88-242 RESOLUTION NO. R-88-243 APPROVED 18a and 18b. 19. MOTION TO ADOPT Temp. Reso. #5149 approving a site plan an related documents for CITIZENS AND SOUTHERN BANK. (located on the north side of Commercial Boulevard, west of Wellens Furniture Company) FINAL ACTION: APPROVED. 1 RESOLUTION NO. R--88-244 Page 5 9/14/88 General Administrative 20. MOTION TO ADOPT Tem . Reso. #5164 authorizing the appropriate City officials to enter into a contract with Motorola Communications and Electronics, Inc., in the amount of $257,700.00 for an electronic communications system for the TAMARAC MUNICIPAL COMPLEX/POLICE FACILITY and to AUTHORIZE the transfer of $53,000.00 from Unencumbered Funas ol the City Hall Construction Fund #315-872-581-90A to Police Facilities Construction Fund #320-872-588-999 to provide sufficient funding for Communications Equipment. FINAL ACTION: RESOLUTION NO. R-88--245 APPROVED. Police Department 21. MOTION TO ADOPT Temp. Reso. #5165 authorizing the appropriate City officials to enter into a Range Agreement with SHOOTER'S EMPORIUM, INC., for marksmanship training of the City's police officers. FINAL ACTION: APPROVED. Utilities/Engineering RESOLUTION NO. R-88-246 22. MOTION TO ADOPT Temp. Reso. #5145 awarding Bid #88-30 to Dravo Lime Company -Longview Division in the amount of $112,875.00 for the City's estimated requirements of bulk pebble quicklime for Fiscal Year 1988/89. FINAL ACTION: TABLED until the next Council meeting on September 28, 1988. 23. MOTION TO ADOPT Temp. Reso. #5146 awarding Bid #88-31 to Allied Universal Corporation in the amount of $33,848.00 for the.City's estimated requirements of chlorine for Fiscal Year 1988/89. FINAL ACTION: TABLED until the next Council meeting on September 28, 1988. PUBLIC HEARING - 7:30 P.M. Communit Development 24. PUBLIC HEARING - MOTION TO ADOPT Temp._Reso. _ #5140 concerning a request by ALBERTSONS for a limited parking waiver in order to waive the requirements of wheelstops and/or concrete curbs as found in Chapter 18-3(2)(b) of the Code for the shopping center located at the northeast corner of University Drive and McNab Road (Family Mart), which is zoned B-2 (Planned Business). FINAL ACTION: RESOLUTION NO. R-88-247 APPROVED. Public hearing was held. ' Page 6 9/14/88 1 1 ORDINANCES General Administrative ' 25. MOTION TO ADOPT Temp. Ord. #1400 on first reading to approve anon -exclusive franc ise agreement with ALL SERVICE REFUSE for commercial garbage and trash collection. FINAL ACTION: APPROVED on first reading, subject to posting an additional bond in the amount of $600.00 with the City Clerk by 5:00 P.M., Tuesday, September 27, 1988. The second reading and public hearing will be held during a Regular City Council meeting on September 28, 1988, at 10:00 A.M. 26. MOTION TO ADOPT Temp. Ord. #1401 on first reading to approve a non-exclusive franchise agreement with BROWNING FERRIS INDUSTRIES OF FLORIDA, INC., for commercial garbage and trash collection. FINAL ACTION: APPROVED on first reading, subject to posting an additional bond in the amount of $500.00 with the City Clerk by 5:00 P.M., Tuesday, September 27, 1988. The second reading and public hearing will be held during a Regular City Council meeting on September 28, 1988, at 10:00 A.M. 27. MOTION TO ADOPT Temp. Ord. #1402 on first reading to approve a non-exclusive franchise agreement with COUNTY WASTE, INC., for commercial garbage and trash collection. FINAL ACTION: APPROVED on first reading, subject to posting an additional bond in the amount of $500.00 with the City Clerk by 5:00 P.M., Tuesday, September 27, 1988. The second reading and public hearing will be held during a Regular City Council meeting on September 28, 1988, at 10:00 A.M. 28. MOTION TO ADOPT Temp. Ord. #1403 on first reading to approve a non-exclusive franchise agreement with INDUSTRIAL WASTE SERVICES, INC., for commercial garbage and trash collection. FINAL ACTION: APPROVED on first reading, subject to posting an additional bond in the amount of $750.00 with the City Clerk by 5:00 P.M., Tuesday, September 27, 1988. The second reading and public hearing will be held during a Regular City Council meeting on September 28, 1988, at 10:00 A.M. 29. MOTION TO ADOPT Tem Ord. #1404 on first reading to approve a non-exclusive franchise agreement with RONKOMA CORPORATION for commercial garbage and trash collection. FINAL ACTION: APPROVED on first reading. The second reading and public hearing will be held during a Regular City Council meeting on September 28, 1988, at 10:00 A.M. Page 7 9/14/88 30. MOTION TO ADOPT Tem . Ord. #1405 on first reading to approve a non-exclusive franchise agreement with SOUTHERN SANITATION SERVICE for commercial garbage and trash collection. FINAL ACTION: APPROVED on first reading, subject to posting an additional bond in the amount of $5,500.00 with the City Clerk by 5:00 P.M., Tuesday, September 27, 1988. The second reading and public hearing will be held during a Regular City Council meeting on September 28, 1988, at 10:00 A.M. AGENDIZED BY CONSENT 31. MOTI'ON TO ADOPT Temp. Reso. #5168 authorizing the appropriate City officials to execute a fourth amend- ment to the November 17, 1986 developers agreement pertaining to payment of development fees and extension of the site plan for CINNAMON WHARF (Tract 37). FINAL ACTION: RESOLUTION NO. R-88-248 APPROVED. Checks were received. $10,144.53 Interest on Fees 15,568.32 Guaranteed Revenue -.current 6,672.03 Guaranteed Revenue - advance October, 1988, thru December, 1988. $32,384.88 TOTAL * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 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 I decides to appeal any decision made by the City Council I 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 A. Evans City Clerk Page 8 9/14/88 1 1 CITY OF TAMARAC CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 14, 1988 TAPE 1 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on Wednesday, September 14, 1988 at 7:00 P.M. in the Council Chambers. MEDITATION AND PLEDGE OF ALLEGIANCE: Mayor Abramowitz called for the Pledge of Allegiance �follow�er by a -moment of silent meditation. PRESENT: 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 A. Evans, City Clerk Pauline Walaszek, Special Services Secretary AGENDIZED BY CONSENT 31. MOTION TO ADOPT _T�.e.mP . Reso. #5168 authorizing the appropriate City officiaalls�to execute a fourth amendment to the November 17, 1986 developers agreement pertaining to pay- ment of development fees and extension of the site plan for CINNAMON WHARF (Tract 37). SYNOPSIS OF ACTION: AGENDIZED by Consent as Item 31. (SEE PAGE 23 for Final Action) * V/M Stelzer MOVED to AGENDIZE by Consent Item 31, Tem . * Reso. #5168, SECONDED by C/M Hoffman. VOTE: Personnel Department ALL VOTED AYE 1. d. MOTION TO ADOPT Temp Reso. #5157 authorizing the Tamarac Kiwanis Club to sell beer at the City Street Fair to be held on Saturday, October 8, 1988, and Sunday, October 9, 1988. SYNOPSIS OF ACTION: REMOVED for separate discussion. (SEE PAGES 4 and 5 for Final Action) * V/M Stelzer MOVED to REMOVE Consent Agenda Item 1, d, for * separate discussion, SECONDED by C/M Hoffman. VOTE: ALL VOTED AYE Page 1 9/14/88 - Regular RESOLUTIONS Utilities/Engineering 22. MOTION TO ADOPT Temp_ Reso. #5145 awarding Bid #88-30 to Dravo Lime Company - Longview Division in the amount of $112,875.00 for the City's estimated requirements of bulk pebble quicklime for Fiscal Year 1988/89. SYNOPSIS OF ACTION: TABLED at the City Manager's request to the 9/28/88 Council meeting. * V/M Stelzer MOVED to TABLE Temp. Reso. #5145 at the City * Manager's request, SECONDED by C M Hoffman. VOTE: ALL VOTED AYE 23. MOTION TO ADOPT Temp. Reso. #5146 awarding Bid #88-31 o Allied Universal Corporation n the amount of $33,848.00 for the City's estimated requirements of chlorine for Fiscal Year 1988/89. SYNOPSIS OF ACTION: TABLED at the City Manager's request to the 9/28/88 Council meeting. * V/M Stelzer MOVED to TABLE Temp. Reso. #5146, at the City * Manager's request, SECONDED by C M Ho fman. VOTE: ALL VOTED AYE CONSENT AGENDA - Item 1, a through 9 Building Department 1. a. MOTION TO ADOPT Tem2. Reso. #5144 releasing a cash bond in the amount of $3,000.00 posted by COLONY WEST COUNTRY CLUB for the construction of a new exit stairway (Permit #87-2428). SYNOPSIS OF ACTION: APPROVED. City Clerk RESOLUTION NO. R--88-227 - PASSED b. MOTION TO APPROVE the minutes of the following City Council meetings: 1) 8/10/88 - 2) 8/16/8 8 - 3) 8/24/88 - 4) 8/30/88 - SYNOPSIS OF ACTION: APPROVED. Regular Meeting Special Meeting Regular Meeting Special Meeting c. MOTION TO APPROVE renewal of a model sales permit for TAMARAC GARDENS #3 in Building 6, Units 104 and 105, and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for a six-month period from 10/12/88 to 4/12/89. Page 2 11 1 9/14/88 - Regular SYNOPSIS OF ACTION: APPROVED. Personnel De artment d. MOTION TO ADOPT Temp. Reso. #5157 authorizing the Tamarac Kiwanis Club to sell beer at the City Street Fair to be held on Saturday, October 8, 1988, and Sunday, October 9, 1988. SYNOPSIS OF ACTION: REMOVED fvr separate discussion on Page 1. (SEE PAGES 3 and 4 for Final. Action) Public Works Department e. 1. MOTION TO ADOPT Temp. Reso. #5158 authorizing the appropriate City off cials to complete an application with Broward County Board of County Commissioner$ for a child care license required for the City's After School Program. 2. MOTION TO ADOPT Temp. Reso. #5159 authorizing the execution of an appl� cation and lease with the Superintendent of Broward County Schools for use of the Tamarac Elementary School facilities from 8/29/88 to 6/16/89 for the City's After School Program. SYNOPSIS OF ACTION: APPROVED 1 and 2. RESOLUTION NO. R-88--229 - PASSED RESOLUTION NO. R-88-230 - PASSED Utilities/Engineering f. MOTION TO ADOPT Temp. Reso. 15143 releasing a warranty Letter of Cre3ir'—t#UNB-962 in the amount of $44,716.44 posted for public improvements for the CALICO COUNTRY, PHASE 2 project. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-231 - PASSED g. MOTION TO ADOPT Temp. Reso. #5127 accepting a Tamarac Ut�il ties East Water and Sewer Utility Easement offered by Raymond A. and Leona Rogers for a sewer line from the NATIONAL SAFETY COUNCIL project to an existing sewer line on NW 19 Way (tabled on 8/10/88). SYNOPSIS OF ACTION: RESOLUTION NO. R--88-232 - PASSED APPROVED. * C/M Hoffman MOVED to APPROVE the Consent Agenda Item 1, a * through g, with the exception of Item 1. d, SECONDED by * C/M Bender. VOTE: ALL VOTED AYE Personnel Department 1. d. MOTION TO ADOPT Temp. Reso. #5157 authorizing the Tamarac Kiwan s Club to sell beer at the City Street Fair to be held on Saturday, October 8, 1988, and Sunday, October 9, 1988. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-228 - PASSED REMOVED for separate discussion on Page 1. APPROVED. Page 3 9/14/88 -- Regular V/M Stelzer said the Kiwanis Club sold beer at the previous City Street Fair and they were supposed to donate their proceeds to the Recreation Department; however, this has not been done. Mayor Abramowitz said the Personnel Director submitted'a letter that stated the Kiwanis Club already received the Permit to sell the beer at the upcoming Street Fair; however, the proceeds from the last Street Fair was placed in a fund because the Kiwanis Club wanted to donate the money to the Recreation Department for a lining for the mobile stage. He said the lining would cost $6,000.00; however, at the previous Street Fair the proceedings only totaled $4,000.00. He said the upcoming Street Fair would allow the Kiwanis Club to donate the remaining money for the lining. V/M Stelzer asked who requested the lining for the mobile stage and City Manager Kelly said the original Resolution provided that the Kiwanis Club would donate their proceeds less their expenses to the Parks & Recreation Account. City Manager Kelly said the Kiwanis Club was informed by the Parks & Recreation Department that a lining was needed for the mobile stage; therefore, the Kiwanis Club wanted to present this gift to the Recreation Department. V/M Stelzer asked if a Resolution was needed stating that the Parks & Recreation Department agreed to use the money for the lining. He said the Parks & Recreation Department's approval to use the proceeds for a lining for the mobile stage should be recorded. Mayor Abramowitz said if the Parks & Recreation Department did not agree to use the proceeds for a lining, he was sure the Kiwanis Club would be cooperative and donate the proceeds for the Parks & Recreation Department to use as needed. He said he approved of this donation. C/M Bender suggested the Motion be made stating the intent of the use of the proceeds. Mayor Abramowitz said there was a Resolution approving the use of the proceeds last year. V/M Stelzer read the Resolution provision as follows: "All the proceeds would be donated to the City of Tamarac's Parks & Recreation Department." V/M Stelzer said the Resolution should be revised stating that the Parks & Recreation Department approved using the proceeds for a lining for the mobile stage. City Attorney Doody said the approval of this Item could be contingent upon the Parks & Recreation Department's approval to use the funds for a lining for the mobile stage. He said the City Manager was present and could speak on behalf of the Parks & Recreation Department. City Manager Kelly said when the money is donated, a Resolution would be brought to the City Council for approval. He said at that time, the Resolution could be drafted with this provision. He said the approval for this Item was to allow the Kiwanis Club to sell beer 1 1 Page 4 9/14/88 - Regular r I_ during the Street Fair and the Kiwanis Club would be donating their proceeds to the Parks & Recreation Department. V/M Stelzer had concerns with the Parks & Recreation Department not wanting to use the proceeds for the lining and City Manager Kelly said the Parks & Recreation Department has expressed their interest in purchasing a lining for the mobile stage. V/M Stelzer suggested this item be approved subject to the Parks & Recreation Department's approval. City Attorney Doody said the City Manager stated that the Parks & Recreation Department wanted to purchase the lining. * V/M Stelzer MOVED to APPROVE Temp. Reso. #5157, * SECONDED by C/M Bender. VOTE: OPEN PUBLIC FORUM 2. OPEN PUBLIC FORUM ALL VOTED AYE Marvin Seidel, Resident, thanked the City Council and Code Enforcement for the removal of the shrubbery at Southgate Plaza. REPORTS 3. City Council Reports C/M Hoffman -- No Report. C/M Rohr reported that he reviewed the proposal for a recycling program submitted by Waste Management, Inc., and he found that the proposal was for single family dwellings only. He said he found certain elements in the proposal that were not satisfactory; therefore, he would be setting up additional meetings with Waste Management to see if these elements could be resolved. C/M Rohr said he requested the Public Works Director investigate the possibility of the City receiving Grant money from the State's Recycling Program Account. He said the State had an account in the amount of approximately 35 million dollars to assist Cities in creating a recycling program. C/M Rohr said if the Grant was received, the City would be in a better position to decide on a recycling program. He said he would like the City to be in an independent position during their negotiations with Waste Management and he would like Ordinances drafted preventing piracy of waste resource material by private individuals. C/M Rohr said Tamarac was further in working out a program than the surrounding Cities. He said there are many facts involved in creating a recycling program and Tamarac should not be hasty in creating a program for the sake of expedience. He said when the City Council makes their final decision for a recycling program, it should be the best decision for the City and the residents. C/M Bender - No Report. Page 5 9/14/88 -- Regular V/M Stelzer reported that he requested Items 6 and 7 to be placed on the Agenda. He said in case these Items are Tabled, he would like to°discuss them at this time. V/M Stelzer said when he became a Councilmember in 1983, former Mayor, Walter Falck, assigned him to promote a recycling program; however, the costs involved were not feasible for the City during that time. V/M Stelzer said it was feasible at this time and the City could rent a truck and hire two additional people to handle the pickup of recycling products. He said the City would make a substantial profit in doing this. V/M Stelzer said Waste Management submitted a proposal with 3 different programs that could be implemented; however, each program would cost the City money. He said if Item 6 on the Agenda is not Tabled, he would discuss this matter further. V/M Stelzer said Item 7 pertained to the use of the Interim Service Fees. He said the City Council intended to use the fees already in the Escrow account and the anticipated fees for next year for this year's Budget in the amount of $500,000.00; however, he questioned the legality of this action. V/M Stelzer said the funds that are being considered for use were not "just found" as reported in the newspapers. He said these accounts were always present and he, the City Manager and Finance Director knew of these -funds. He said he was not Liaison to the Budget this year and the person who was may not have known all of the facts. V/M Stelzer said after the 6% Utility Tax was proposed, he reviewed the Budget and suggested that the monies from _ the Drainage Fund Account be transferred into the General Account and used for the Budget. He said this Account was created in 1980 by former Councilwoman, Helen Massaro, and the City spent more money on drainage projects than they received from the developers. He said because of this, the remaining monies in the Account were monies donated by the City. V/M Stelzer said he suggested using 1 million dollars from the Utility Fund Account's surplus and the City became aware of the Utility Department overcharging the residents. V/M Stelzer said in May, June and July, 1988, there was a meeting with the Accountants, City Manager, Finance Director, former Director of Utilities/Engineering, Bill Greenwood and he. He said during this meeting, it was evident that there would be a surplus in the Utilities Fund. He said the Finance Director recently acknowledged that there is a surplus of 3 million dollars available in the Tamarac Utilities West Account. He said these funds were evident prior to the Budget process and there are no hidden funds in the City. Mayor Abramowitz said he would like the record to reflect that the reason V/M Stelzer was not the Budget Liaison was because he resigned from the position. V/M Stelzer said the reason he resigned was because Mayor Abramowitz said he was paranoid. Page 6 9/14/88 - Regular Moor Abramowitz reported that the company that provided a recycling program for the City of Deerfield Beach was the only other company offering a recycling program; however, this company went bankrupt. He said this company gave a presentation to Tamarac and the City Council wanted to rush into it. He said fortunately this was not done. Mayor Abramowitz announced that Item 20 would be heard before continuing with the reports. RESOLUTIONS General Administration 20. MOTION TO ADOPT Temp. Reso. #5164 authorizing the appropriate�C ty off�cxals to enter into a contract with Motorola Communications and Electronics, Inc., in the amount of $257,700.00 for an electronic communications system for the TAMARAC MUNICIPAL COMPLEX/POLICE FACILITY and to AUTHORIZE the transfer of $53,000.00 from unencumbered'Funds of the City Hall Construction Fund #315-872--581-90A to Police Facilities Construction Fund #320--872-588-999 to provide sufficient funding for Communications equipment. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-245 PASSED City Attorney Doody read Temp. Reso. #5164 by title. * C/M Bender MOVED to APPROVE Temp. Reso. #5164, SECONDED by * C/M Rohr. Keith Emery, Construction Management Services, Inc., President, said this item was for an electronic communication system for the Police Facility. He said this system was negotiated to the finest point and was the state-of-the-art equipment from Motorola. Mr. Emery said the Chief of Police was very pleased with this system and he recommended approval of this Item so that the equipment could be purchased and installed. City Manager Kelly said the equipment would provide 3 computer base stations and a 3 channel system that would tie into the surrounding Cities for backup assistance. He said there would be a Central Dispatch console, portable radios and was a total turn key package. He said the labor for installation, system design and materials was included in the price of the system. City Manager Kelly said most of the monies for the system were in place; however, an additional Motion would be needed to transfer the encumbered monies in the amount of $53,000.00 from the Municipal Complex Construction Account to the Police Facility Construction Account for the additional funds needed to complete this project. V/M Stelzer said approximately $500,000.00 was saved on the Construction of the Municipal Complex; however, the encumbered funds could not be used without approving the transfer. Mayor Abramowitz asked if the total cost for the system was $257,000.00 and City Manager Kelly replied, yes. VOTE: Page 7 ALL VOTED AYE 9/14/88 - Regular * C/M Rohr MOVED to TRANSFER the encumbered funds in the * Municipal Complex Construction Account in the amount of * $53,000.00 to the Police Facility Construction Account to * provide sufficient funding for the communication system, * SECONDED by C/M Bender. VOTE: ALL VOTED AYE PUBLIC HEARING - 7:30 P.M. Community Development 24. PU-BLIC HEARING - MOTION TO ADOPT Temp Reso. #5140 concerning a request by ALBERTSON'S for a 1ima.te parking waiver in order to waive the requirements of wheelstops and/or concrete curbs as found in Chapter 18-3(2)(b) of the Code for the shopping center located at the northeast corner of University Drive and McNab Road (Family Mart), which is zoned B-2 (Planned Business). SYNOPSTS OP ACTION: RESOLUTION NO. R-88-247 - PASSED Public Hearear g�was held. APPROVED. City Attorney Doody read Te_ m2. Reso. #5140 by title. * C/M Bender MOVED to APPROVE Temp. Reso. #5140, * SECONDED by C/M Rohr. Thelma Brown -Porter, City Planner, said the zoning on the property is B-2 and the Master File number is 51-77. She said the Legal Description of the property is "Family Mart Plaza" in Plat Book 99, Page 47. She said the use requested is for a limited parking waiver to waive the requirements of wheelstops and curb cuts as required in Chapter 18-3(2)(b) of the City Code. She said the Planning Commission and staff recommend approval. V/M Stelzer asked if all of the wheelstops would be removed and Mrs. Brown --Porter replied, yes. Mayor Abramowitz Opened and Closed the Public Hearing with no response. V/M Stelzer asked if stripping would be done in the area and Mrs. Brown -Porter said the stripping was presently in place and not required at this time. C/M Rohr asked if there was a reason given for removing the wheelstops. City Attorney Doody asked the City Planner to read a portion of the letter submitted to the City Council regarding the Plaza's hardship in having the wheelstops. He said the City Council had the authority to grant waivers due to hardships and the Plaza outlined their hardships in the letter. Mrs. Brown -Porter read the hardships outlined in the letter submitted by the Albertson's on July 28, 1988 as follows: 1) 2) Over the years, the stops tend to chip, break and become misaligned which creates a general unattractive feature throughout the parking lot. Debris and dirt generated within the parking lot become `l 1 Page 8 9/14/88 - Regular caught in the wheelstops which made it impossible to eliminate with conventional mechanical sweepers; therefore, the trash required removal by hand -labor which presented an eyesore and maintenance problem. 3) The wheelstops do not effectively keep people and vehicles from crossing the lanes and, considering the shopping carts used in the store, the wheelstops prevent flexibility and effective pedestrian circulation within the parking lot. 4) Albertson's has never experienced a liability claim because of injuries sustained due to the fact that there were no wheelstops; however, they have experienced liability claims because of the wheelstops. 5) The customers with small cars that are lower to the ground often experience damage to the under carriage of the car because of the wheelstops. Mrs. Brown --Porter said staff agreed to these hardships submitted by Albertson's. VOTE: ALL VOTED AYE ORDINANCES General Administrative 25. MOTION TO ADOPT Temp Ord. #1400 on first reading to provide a non-exclusive franchise agreement with ALL SEIRVICE REFUSE for commercial garbage and trash collection. SYNOPSIS OF ACTION: APPROVED on first reading subject to an additional bond of $600.00 being submitted to the City before the second reading. City Attorney Doody read Temp. Ord. #1400 by title. City Manager Kelly said Items 25 through 30 represented several separate franchise agreements provided to the City by commercial industries. He said the services are for commercial and industrial garbage collection in the! City. He said these companies provided 10% of their gross revenue to the City and the total amount was approximately $100,000.00. City Manager Kelly said these figures are calculated based on the formulas in the franchise agreements. He said these companies have not provided the sufficient fees for the franchise agreement and he would like Approval, subject to the companies posting an additional bond for the remaining amount prior to the second reading. City Manager Kelly said All Service Refuse Company needed to post an additional bond in the amount of $600.00. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1400 on first * reading subject to an additional bond of $600.00 being * posted with the City before the second reading, SECONDED by * C/M Bender. VOTE: 26. MOTION TO ADOPT Tem2- Ord. #1401 on first reading to provide a non --exclusive franchise agreement with BROWNING FERRIS INDUSTRIES OF FLORIDA, INC., for commercial garbage and trash collection. Page 9 9/14/88 - Regular SYNOPSIS OF ACTION: APPROVED on first reading subject to an additional bond of $500.00 being submitted to the City before the second reading. City Attorney Doody read Temp. Ord. #1401 by title. City Manager Kelly said Browning Ferris Industries of Florida, Inc., needed to post an additional bond in the amount of $500.00 prior to the second reading. * C/M Bender MOVED to APPROVE Temp. Ord. #1401 on first reading * subject to an additional bond being posted to the City in * the amount of $500.00 before the second reading, SECONDED by * C/M Hoffman. VOTE: ALL VOTED AYE 27. MOTION TO ADOPT Temp Ord. #1402 on first reading to provide a non-exclusive franchise agreement with COUNTY WASTE, INC., for commercial garbage and trash collection. SYNOPSIS OF ACTION: APPROVED on first reading subject to an additional bond of $500.00 being submitted to the City before the second reading. City Attorney Doody read Temp. Ord. #1402 by title. City Manager Kelly said County Waste, Inc., needed to post an additional bond in the amount of $500.00 prior to the second reading. * C/M Hoffman MOVED to APPROVE Temp Ord. #1402 on first * reading subject to an additional bon�i'n the amount of * $500.00 being posted to the City before the second reading, * SECONDED by C/M Bender. VOTE: ALL VOTED AYE 28. MOTION TO ADOPT Temp,_ Ord. #1403 on first reading to provide a non-exclusive franchise agreement with INDUSTRIAL WASTE SERVICES, INC., for commercial garbage and trash collection. SYNOPSIS OF ACTION: APPROVED on first reading subject to an additional bond of $750.00 being submitted to the City before the second reading. City Attorney Doody read Temp. Ord. #1403 by title. City Manager Kelly said Industrial Waste Services, Inc., needed to post an additional bond in the amount of $750.00 prior to the second reading. * C/M Hoffman MOVED to APPROVE Temp. Ord. #1403 on first * subject to an additional bond being posted to the City * in the amount of $750.00 before second reading, SECONDED by * C/M Bender. VOTE: ALL VOTED AYE 29. MOTION TO ADOPT Temp- Ord. #1404 on first reading to pro iv de a non-exclusiv-e--f—rancE se agreement with RONKOMA CORPORATION for commercial garbage and trash collection. Page 10 1-1 9/14/88 -- Regular SYNOPSIS OF ACTION: APPROVED on first reading. No additional bond is needed. City Attorney Doody read Temp. Ord. #1404 by title. City Manager Kelly said Ronkoma Corporation posted a bond in the sufficient amount; therefore, no additional bond was needed. * C/M Rohr MOVED to APPROVE Temp. Ord. #1404 on first reading, * SECONDED by C/M Bender. VOTE: ALL VOTED AYE 30. MOTION TO ADOPT Temp. Ord. #1405 on first reading to provide a non --exclusive franchise agreement with SOUTHERN SANITATION SERVICE for commercial garbage and trash collection. SYNOPSIS OF ACTION: APPROVED on reading subject to an additional bond of $5,500.00 being submitted to the City before the second reading. 1 City Attorney Doody read Temp. Ord. #1405 by title. City Manager Kelly said Southern Sanitation Service needed to submit an additional bond of $5,500.00 prior 'to second reading. C/M Hoffman MOVED to APPROVE Temp. Ord. #1405 on first reading subject to an additional bond bei gn posted to the City in the amount of $5,500.00 before second reading, SECONDED by C/M Bender. VOTE: ALL VOTED AYE City Manager Kelly said the City considered providing the services through one vendor only; however, after discussing the matter with the vendors and reviewing thie process, he found that it would be more feasible and a cost savings to the City to have several vendors handling the garbage collection. Anthony Grimaldi, Resident, suggested that the Agenda for the second reading on these Items list the amounts of the additional bonds. He said the residents would like to know what revenue was coming into the City. V/M Stelzer said these vendors are required to post the additional bonds before the second reading; therefore, the amounts due would not be needed for the Agenda on second reading. Mr. Grimaldi said the residents were not aware of the revenue until the Items were discussed and City Attorney Doody said if the additional bonds are not posted before the second reading, the second reading would not take place. REPORTS 4. City Manager Report City Manager Kelly reported that the Tamarac Police Depart - Page 11 9/14/88 - Regular ment, along with the Cooper City Police Department, apprehended the person who committed approximately 30 burglaries in the Woodlands area. City Manager Kelly announced that Public Works Director, Mike Couzzo, was a proud father of a 7-1/2 pound baby girl. 5. City Attorney Report City Attorney Doody reported that his office has been negotiating with a buyer for the old Public Works building and, hopefully, by the September 28, 1988 Regular City Council meeting, a purchase contract would be available for Council approval. CONSIDERATIONS City Council - V/M Stelzer 6. REPORT, DISCUSSION AND POSSIBLE ACTION on a Recycling Program (tabled on 8 10 88) . SYNOPSIS OF ACTION: DISCUSSED and agreed to call a Workshop meeting with Waste Management, Inc. The City Attorney is to investigate an Ordinance to prevent piracy of paper. V/M Stelzer said several months ago, the City Council met with Waste Management, Inc., regarding a recycling program. He said Waste Management submitted a tentative program; however, this program was not considered for several months. V/M Stelzer said he began creating a recycling program in August and when Waste Management found out, they began submitting proposals to the City for a recycling program. He said the following programs were submitted by Waste Management, Inc.: 1) A 3 bin program, which would require the residents to separate their cans, glass and paper into 3 different bins for collection by Waste Management. V/M Stelzer said this program would cost the City $23,000.00 per year for the collection by Waste Management. 2) Placement of newspapers in a box. V/M Stelzer said this program would cost the City $54,000.00 per year for the collection by Waste Management. 3) BBB program, which meant box, bind and bag. V/M Stelzer said this program would cost the City $48,000.00 per year for the collection by Waste Management. V/M Stelzer said he discussed these programs with the Public Works Director and found that by renting a truck and hiring 2 additional personnel to collect the materials, the City could generate in revenue approximately $36,000.00. He said the revenue would include a deduction in the tipping fee and monies for the Page 12 1 [l 9/14/88 - Regular 1 TAPE 2 7. recycling materials. He said the City could generate a total cost in revenue of approximately $84,000.00 by adding in the cost of Waste Management's service fees. and doing the labor in-house. V/M Stelzer said he discussed this matter with the City Manager and it was agreed that another meeting should be set up with Waste Management for further negotiations. V/M Stelzer said the need for a recycling program in the City has constantly been detained and he suggested that a Workshop meeting take place involving the City Council, Waste Management and the appropriate City staff. C/M Rohr said the City has held several meetings with Waste Management and the City may not find themselves in a better position if they continue negotiations without independently being able to do so. He suggested the City Council wait until the Grant matter was investigated before meeting with Waste Management. C/M Hoffman agreed with this suggestion. V/M Stelzer said the City Council only met with Waste Management once; however, if the Grant was received, the City would no longer need Waste Management's services. He said if the Grant was not received, a deal would have to be made with Waste Management; therefore, it would not be harmful to meet with them and discuss these matters. Mayor Abramowitz said he did not object to calling Workshop meetings; however, the City Council was anxious to have a recycling program for the residents and the City and it was going to be mandated by the State in 1989. Mayor Abramowitz said there have been problems with accepting the proposed programs because the companies could not come up with a feasible program for the condominiums. He said he would like to call another Workshop with Waste Management, Inc.; however, he asked the City Council to take their time in making a decision about a program so the City would not lose money. Mayor Abramowitz said he was not happy with the proposal submitted by Waste Management, Inc.; however, it was the only program available. He said the City Council expressed their pleasure in being the Pilot City for Waste Management's recycling program and, perhaps, this would persuade Waste Management to be more enthusiastic in implementing a good and feasible program for Tamarac. C/M Hoffman suggested the City Attorney investigate how piracy could be prevented if the City should implement a program. V/M Stelzer had concerns with the charitable organizations being deprived the ability to collect their own money on recycling materials. Mayor Abramowitz said if the City instituted a program, they would have to be protected from piracy or they would lose money. DISCUSSION AND POSSIBLE ACTION to determine whether the City Attorney shall prepare leg�rislation to rescind Ordinanoes 75-32 and 78-2, Interim Services Fee, Code Section 7-1.3. Page 13 9/14/88 - Regular SYNOPSIS OF ACTION: TABLED for further investigation by the City Attorney. V/M Stelzer said if a developer's building was not on the tax roll, the City would not receive money; therefore, the City implemented an Interim Service Fee which required the developer to pay 1% of the property value before the award of a Certificate of Occupancy. V/M Stelzer said last year, the City of Oakland Park was sued because of their use of these types of fees. He said to avoid this happening in Tamarac, the fees were placed in an Escrow Account to make the funds available to -the developers if they wanted them back. V/M Stelzer said to use the monies presently in Escrow plus the expected monies may be placing the City in a dangerous situation. He said if the City was sued for this action, they would have to pay back the money plus lose the money they already spent which may cost the City approximately 1 million dollars. V/M Stelzer suggested that the 2 existing Ordinances be rescinded to avoid problems in the future. He said Ordinances should not be on file providing that the monies collected may have to be returned. * V/M Stelzer MOVED to RESCIND Ordinances 75--32 and 78-2. City Attorney Doody said any Ordinance being rescinded would need a new Ordinance rescinding the existing Ordinances. He suggested the Motion be amended directing the City Attorney to draft a new Ordinance rescinding the existing Ordinances. * V/M Stelzer AMENDED his Motion to DIRECT the City Attorney * to draft an Ordinance rescinding the existing Ordinances, * SECONDED by C/M Rohr. C/M Hoffman asked the City Attorney for his opinion on the matter and City Attorney Doody said Tamarac's Ordinance has not been declared invalid as the City of Oakland Park's Ordinance has been. City Attorney Doody said the use of the Interim Service Fees was permissible if the Court deems them to be impact fees. He said if the City Council wanted him to review the Ordinance to make sure that the Interim Service Fees were declared as impact fees, he would do this. Mayor Abramowitz said he would not approve of the existing Ordinances being rescinded until the City Attorney investigates this matter further. C/M Bender said he would like the City Attorney to obtain the other Ordinances from the surrounding Cities so that the City Council could compare these Ordinances. V/M Stelzer said the State Statutes provided that the County could assess taxes on real estate values; however, there was nothing in the Statutes providing the Cities were allowed to do this and Tamarac was presently doing this. Mayor Abramowitz suggested V/M Stelzer withdrawal his Motion until the City Attorney reported back to the City Council with his findings. Page 14 �` 9/14/88 - Regular * V/M Stelzer MOVED to TABLE this Item until the City Attorney * reports back to the City Council with his findings, SECONDED * by C/M Bender. VOTE: ALL VOTED AYE Community Development 8. MOTION TO APPROVE a model sales facility for GREENVIEW APARTMENTS in Building #9 for a six-month period from 9/14/88 to 3/14/89 (tabled on 8/10/88). SYNOPSIS OF ACTION: APPROVED. * C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr. Thelma Brown --Porter, City Planner, said this item was tabled twice in the past for lack of payment of fees. She said all of the payments have been made and the appropriate documents were submitted and she recommended approval. VOTE: ALL VOTED AYE General Administrative 9. MOTION TO AUTHORIZE the transfer of $33,707.20, which was received by the Broward County Board of Commissioners on behalf of the Sawgrass Authority, into Beautification Donations Account #135-366-912. SYNOPSIS OF ACTION: APPROVED. * C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr. V/M Stelzer asked what account this money was being. transferred from and City Manager Kelly said the monies were presently in the Expense Account. City Manager Kelly said the Sawgrass Authorities entered into an agreement with the City to provide certain funds for landscaping. He said the amount submitted for the landscaping was $33,000.00. Anthony Grimaldi, Resident, had concerns with the beautification problems in the Sunflower/Heathgate area because of deserted homes. He asked if these monies would be used to correct some of these problems. City Manager Kelly said these monies could be used on public properties only. Anthony Grimaldi asked how the problems in the private areas could be corrected and City Manager Kelly said the Public Works Department would be directed to correct these problems with the City's money and then, request the monies be refunded by the property owners. Mitch Ceasar, City Grantsman, said when the Sawgrass Project was beginning, the City asked him to do several things to protect the City and the residents. He said he was asked to get monies for Commercial Boulevard for the expansion of the Sawgrass Expressway and these monies could only be used for that area because of the activity in that area. Page 15 / 9/14/88 - Regular Vickie Beech, Resident, asked if the City donated land to the Sawgrass Authorities in Lieu of getting certain things in return. Thelma Brown -Porter, City Planner, said there were certain portions of City land adjacent to the Sawgrass Expressway that were given for Right--Of-Way purposes; however, the City received an additional lane and a curb cut at Commercial Boulevard entering the Sawgrass Expressway. She said the monies received for the landscaping in the area was an additional item for this project. Mrs. Beech asked what type of Beautification would be in the area. City Manager Kelly said the City would be working with Roy Rogers on those landscaping plans. He said Mr. Rogers has volunteered to assist the City in the landscaping plans and the landscaping in the area may be the "-0- Maintenance" program; however, a specific plan has not been determined. Mrs. Beech said because of the recent appearance of the City, she was pleased to hear that Mr. Rogers would be assisting the City in their landscaping plans. Mayor Abramowitz said he attended a meeting where Mr. Rogers was making a presentation on the "-0- Maintenance" program. He said he was so pleased with the presentation that he asked Mr. Rogers if he would assist the City in their landscaping plans. He said Mr. Rogers stated that he was very good friends with City Manager Kelly. Mayor Abramowitz said Mr. Rogers took him and the City Manager to view the landscaping in the Weston area and the area was very beautiful. He said Mr. Rogers would assist the City with their landscaping plans and possibly receive assistance from the County and State. He said he was amazed how Mr. Rogers could landscape while using a minimum amount of money. VOTE: Utilities/Engineering ALL VOTED AYE 10. MOTION TO APPROVE Change Order #4 to the contract with R.J. Sullivan Corporation in the amount of $4,372.89 covering relocation of the drain and raw water lines in conflict with design plans for TUW Project 86-14, Water Treatment Plant Improvements. This change order increases the contract from $2,205.587.07 to $2,209,959.96. SYNOPSIS OF ACTION: APPROVED. * C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr. Bob Foy, Director of Utilities/Engineering, said the work has been completed by R.J. Sullivan. He said this project was necessary to relocate because it was conflicting with the electrical work. He recommended this Item be approved. VOTE: Page 16 ALL VOTED AYE 1 I 9/14/88 - Regular 11. MOTION TO APPROVE Addendum #20 to the engineering agreement with Hazen and Sawyer in the amount of $15,900.00 to provide plans, specifications and construction management services on TUW Project 88-12, Pump Additions and Modifications to Tract 27 Pump Station; and to AUTHORIZE the transfer of $15,900.00 from TUW Appropriated Fund Balance Account #434-- 389-115 to Tract 27 Pump Station Account #434--393-535-6PK to provide funding for this addendum. SYNOPSIS OF ACTION: APPROVED. * C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Rohr. Mr.. Foy said this request was approval to authorize Hazen and Sawyer to proceed with this project because the pu4tp was required for Tract 27's storage tank so the water supply could be evenly distributed in the area. He recommended that the funds be transferred for this project. Anthony Grimaldi, Resident, had concerns with the City constantly hiring outside engineers to do work that should be done in-house. He said the outside contracts were costing the City a lot of money. Mayor Abramowitz said the State, Federal and County Governments mandate that certain things be done and there was a time limit in doing so. He said the City did not have the manpower to meet all of these requirements in the time permitted to do so. Mr. Foy said it was necessary to hire outside engineers for this project because of the electrical work involved. He said the proposed Budget eliminated one of the Engineering positions. Mr. Grimaldi said they should be scheduling themselves each month to handle the mandated requirements and avoid hiring outside engineers. He said it seemed like the City Engineers were not planning the projects for the City. Mr. Foy said the City Engineers were presently designing 2 Lift Station Projects and a Water Main on McNab Road. He said these project were taking up most of the City's Engineer's time. VOTE: RESOLUTIONS ALL VOTED AYE Building Department 12. MOTION TO ADOPT Temp Reso. #5169 declaring the double - wide trailer at the rear of mold City Hall as surplus equipment and authorizing the City personnel to demolish and dispose of this trailer. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-233 -- PASSED City Attorney Doody read Temp. Reso. #5169 by title. * C/M Hoffman MOVED to APPROVE TemR. Reso. #5169, SECONDED by * C/M Bender. Page 17 9/14/88 - Regular City Manager Kelly said this was being requested because the old City Hall was for sale and the trailer was an eyesore to the property. He said the Building Department has contacted several companies regarding the demolition of the trailer and no one was interested; therefore, the Public Works Department would be demolishing the trailer. C/M Rohr asked if the trailer could be sold. Bob Kegan, Assistant Building Official, said staff contacted several companies regarding the removal of the trailer and the companies stated that the trailer could not be removed without demolishing it. He said it was not in a usable state and was a hazard to the City. V/M Stelzer asked the City Manager to see that the Finance Director eliminated this trailer from the City's Asset Account. VOTE: City Clerk ALL VOTED AYE 13. MOTION TO ADOPT Temp. Reso. #5161 awarding Bid #88-27 for a Canon 780 microfi m reader printer in the amount of $13,545.00 to INFORMATION MANAGEMENT OF FLORIDA and to AUTHORIZE the transfer of $14,289.00 from various accounts to City Clerk Special Equipment Account #001-112-519-647. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-234 - PASSED City Attorney Doody read Temp. Reso. #5161 by title. Carol. A. Evans, City Clerk, said bids were recently solicited for a microfilm reader/printer which were from $4,000.00 to $14,000.00. She said after she and Mrs. Vitrofsky reviewed the bids, they found that the most appropriate bid received for this equipment was submitted by Information Management of Florida for Canon Equipment. She recommended that the bid and the transfer of funds be approved for the purchase of this equipment. Mayor Abramowitz asked what the equipment was used for and Ms. Evans said this equipment was used to film the documents so that they could be destroyed once the State authorizes the destruction. She said once the documents are destroyed, this equipment was used to call the documents up and submit the necessary copies. V/M Stelzer said he needed the two Ordinances pertaining to the Interim Service Fees and only took 2 minutes to get those copies as opposed to searching the archives. * C/M Hoffman MOVED to APPROVE Temj2. Reso. #5161, SECONDED by * C/M Rohr. VOTE: Community Development ALL VOTED AYE 14. MOTION TO ADOPT Temp. Reso. #5156 approving a revised site plan for MOBIL OIL SERVICE STATION at the northwest corner of NW 88 Avenue and NW 77 Street reflecting replacement of existing gas pumps and canopies. SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-235 - PASSED Page 18 1 1 9/14/88 - Regular 11 City Attorney Doody read Temp. Reso. #5156 by title. * C/M Bender MOVED to APPROVE Temp. Reso. #5156, SECONDED by * C/M Rohr. Thelma Brown -Porter, City Planner, said the zoning on the property is B--3 and the Master File number is 3-77. She said the Legal Description of the property is a portion of Section #5, Township 49 south, Range 41 east. She said the type of use being requested is a revised site plan to replace existing gas pumps and canopies. She said the number of acres involved are .99 and the Planning Commission and staff recommend approval for this Item. C/M Hoffman asked if this was the Mobil Oil Station that fought with the City for an easement right and Mrs. Brown --Porter said this was a different Mobil Oil Station. ►18,U 2C ALL VOTED AYE 15. MOTION TO ADOPT Temp. Reso. #5154 approving a revised site plan for BARNETT BANK meeting a minor change of foot- print and revised vehicular circulation. (located at the northeast corner of University Drive aid NW 82 Street) SYNOPSIS OF ACTION: RESOLUTION NO. R-88-236 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5154 by title. C/M Bender MOVED to APPROVE Temp. Reso. #5154, SECONDED by C/M Rohr. Mrs. Brown -Porter said the zoning on the property is B­12 and the Master File Number is 11-87. She said the Legal description is Lots 11 and 12 on Lyons Commercial Subdivision #3 as recorded in Plat Book 76, Page 31. She said the type of use being requested is a revised site plan for change of footprint and revised vehicular circulation. She said the number of acres involved are 1.33 and the total square footage of the property is 4,520. She said the Planning Commission and staff recommended approval on this Item. VOTE: ALL VOTED AYE Mitch Ceasar, City Grantsman, said it was very difficult to get the developer in compliance with the City's requirements. He said there were several Governmental Agencies involved and with the assistance of the City and its staff, this Item was finally approved by the Department of Transportation. He thanked the City and staff for their assistance in getting this matter resolved. 16. MOTION TO ADOPT Temp Reso. #5152 approving a revised site plan for AMERICAN CABLEVISION reflecting a second floor addition. (located at 6115 NW 77 Way) SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-237 - PASSED City Attorney Doody read Temp. Reso. #5152 by title. Page 19 9/14/88 -- Regular * C/M Bender MOVED to APPROVE Tem2. Reso. #5152, SECONDED by * C/M Rohr. Mrs. Brown -Porter said the zoning on the property is B-1 and the Master File number is 8-79. She said the Legal Description of the property is a portion of Section #9, Township 49 south, Range 41 east. She said request is for a second floor addition and the number of acres involved is 1. She said the Planning Commission and staff are recommending approval subject to the development complying with the South Florida Building Code. VOTE: ALL VOTED AYE City Attorney Doody asked if American Cablevision indicated that there may be a problem in complying with the South Florida Building Code and Mrs. Brown -Porter replied, no. TAPE 3 17. a. MOTION TO ADOPT Temp. Reso. #5162 authorizing the appropriate -City ocia s�rto execute a Termination of Irrevocable Option with The Edward Rack Corporation for COLONY COVE (WOODLAND LAKES, PARCEL L). b. MOTION TO ADOPT Temp. Reso. #5166 authorizing the appropriate Cityofficials rto execute a Termination of Irrevocable Option with Colony West Joint Venture for COLONY COVE (WOODLAND LAKES, PARCEL L). C. MOTION TO ADOPT Temp. Reso. #5150 approving a revised site plan for COLONY COVE (WOODLAND LAKES, PARCEL L), reflecting elimination of the northern access to Colony West Country Club and reduction of the total units to 39. d. MOTION TO ADOPT Temp. Reso. #5163 accepting a new Irrevocable Option offered by Colony West Joint Venture for COLONY COVE (WOODLAND LAKES, PARCEL L), pertaining to private streets. (located on the east side of NW 88 Avenue, south of Colony West Country Club) SYNOPSIS OF ACTION: RESOLUTION NO. R-88-238 - PASSED APPROVED a, b, c and d. RESOLUTION NO. R-88-239 - PASSED RESOLUTION NO. R-88-240 -- PASSED RESOLUTION NO. R-88--241 - PASSED a. City Attorney Doody read Temp. Reso. #5162 by title. * C/M Bender MOVED to APPROVE Temp • Reso. #5162, SECONDED by * C/M Hoffman. Mrs. Brown --Porter said this Item was in substantial compliance with the City Code and she recommended approval. City Attorney Doody said the project was originally approved for the City to receive an Irrevocable Option for purchasing certain roads; however, because of the revised site plan, the prior Option had to be revoked. He said Item 17, c., was a request for a new Irrevocable Option. VOTE: ALL VOTED AYE b. City Attorney Doody read Temp. Reso. #5166 by title. Page 20 9/14/88 - Regular C * * C/M Rohr MOVED to APPROVE Temp Reso. #5166, SECONDED by C/M Hoffman. Mrs. Brown -Porter recommended that the existing Irrevocable Option be terminated. VOTE: ALL VOTED AYE C. City Attorney Doody read Ted_ Reso. #5150 by title. C/M Bender MOVED to APPROVE Temp. Reso. #5158, SECONDED by C/M Rohr. Mrs. Brown -Porter said the zoning on the property is R-»3U and the Master File numbers are 17-87 and 27-81. She said the Legal Description is Parcel L and the type of use being requested is a revised site plan to eliminate the northern access to Colony West Country Club and reduce the total number of Units to 39. She said the number of acres involved are 4.89 and the Planning Commission and staff recommend approval. VOTE: ALL VOTED AYE d. City Attorney Doody read Temp. Reso. #5163 by title. C/M Hoffman MOVED to APPROVE Temp. Reso. #5163, SECONDED by C/M Rohr. Mrs. Brown -Porter recommended the new Irrevocable Option offered by Colony West be approved. P&TOWW ALL VOTED AYE 18. a. MOTION TO ADOPT Temp_ Reso. #5151 approving a plat for SUN HANK EAST. 0 b. MOTION TO ADOPT Temp_ Reso. #5153 approving a development order and related documents for SUN BAND EAST. (located on the southeast corner of Commercial Boulevard and NW 38 Terrace) SYNOPSIS OF ACTION: APPROVED a and b. RESOLUTION NO. R-88-242 - PASSED RESOLUTION NO. R-88-243 - PASSED a. City Attorney Doody read Temp_ Reso. #5151 by title. * C/M Bender MOVED to APPROVE Temp. Reso. #5151, SECONDED by * C/M Rohr. Mrs. Brown -Porter said the zoning on the property is B-3 and the Master File number is 32-82. She said the Legajl Description of the property is a portion of Section 18, Township 49 south, Range 42 east. She said the type of use being requested is a final plat and the number of acres involved are 1.4378. She said the Planning Commission and staff recommended approval. VOTE: ALL VOTED AYE b. City Attorney Doody read Temp. Reso. #5153 by title. * C/M Rohr MOVED to APPROVE Te� mp. Reso. #5153, SECONDED by * C/M Bender. Mrs. Brown -Porter recommended approval. VOTE: ALL VOTED AYE Page 21 i I 9/14/88 -- Regular 19. MOTION TO ADOPT Temp. Reso. #5149 approving a site plan and related documents for CITIZENS AND SOUTHERN BANK. (located on the north side of Commercial Boulevard, west of Wellens Furniture Company) SYNOPSIS OF ACTION: APPROVED. RESOLUTION NO. R-88-244 - PASSED City Attorney Doody read Temp. Reso. #5149 by title. * C/M Hoffman MOVED to APPROVE Temp. Reso. #5149, SECONDED by * C/M Bender. Mrs. Brown -Porter said the zoning on the property is B-3 and the.Master File number is 6-88. She said the Legal Description is Lots 5 and 6 of the Tamarac Business Center in Plat Book 61, Page 27. She said the type of use being requested is a final site plan and the number of acres involved are 1.99, total square footage of the building is 3,384. She said the Planning Commission and staff recommended approval. She said the circulation pattern on this site is one of the best in Tamarac. V/M Stelzer asked if all the fees have been paid and Mrs. Brown -Porter replied, yes. VOTE: ALL VOTED AYE Police Department 21. MOTION TO ADOPT Temp. Reso^ #5165 authorizing the appropriate City officals to enter into a Range Agreement with SHOOTER'S EMPORIUM, INC., for marksmanship training of the City's Police officers. SYNOPSIS OF ACTION: RESOLUTION NO. R-88-246 - PASSED APPROVED. City Attorney Doody read Temp. Reso. #5165 by title. * C/M Bender MOVED to APPROVE Temp. Reso. #5165, SECONDED by * C/M Hoffman. City Manager Kelly said this shooting range was presently being used by the City; however, the range changed ownership. He said the recent agreement provided for 70 officers to train at the range at $6,000.00 per month. He said the agreement would expire on September 30, 1989. C/M Bender asked if the range furnished liability insurance and City Manager Kelly said the range warrants and represents confidential liability insurance in the amount of 1 million dollars. City Attorney Doody said paragraph 3 of the contract holds the City harmless for any accidents. VOTE: ALL VOTED AYE AGENDIZED BY CONSENT 31. MOTION TO ADOPT Temp. Reso. #5168 authorizing the appropriate City off'c als to execute a fourth amendment to the November 17, 1986 developers agreement pertaining to pay- ment of development fees and extension of the site plan for CINNA14ON WHARF (Tract 37) . Page 22 9/14/88 - Regular SYNOPSIS OF ACTION: RESOLUTION NO. R-88-248 - PASSED AGENDIZED by Consent as Item 31 on Page 1. APPROVED. City Attorney Doody read Temp. Reso. #5168 by title. * C/M Bender MOVED to APPROVE Temp. Reso. #5168, SECONDED by * C/M Hoffman. Mrs. years Brown -Porter said staff reviewed the site plan 1-1/2 ago which was under a Court Order from Judge Weissing. She said staff negotiated an agreement with the developer of the property which was consistent with the present City Code; therefore, staff recommended that the site plan extension be approved to avoid a repeat of the negotiation process. Mrs. Brown -Porter said she received 3 developer as follows: 1) $15,568.32 for Guaranteed Revenues 2) $ 6,672.03 for Guaranteed Revenues through December, 1988) 3) $10,144.53 - Interest on fees TOTAL $32,384.88 VOTE: checks from the (current) (advance from October ALL VOTED AYE With no further business, Mayor Abramowitz ADJOURNED this meeting at 8:45 P.M. / OUXk� 6 0 h A44� NO MAN ABRAM I Z, MAYOR CY 'I' CAROL A. EVANS, CITY CLERK "This public document was promulgated at a cost of $173.70 6r $44.83 per copy to inform the general public, public officers and employeeis of recent opinions and considerations of the City Council of the City of Tamarac." I CITY OF TAMARAC APPROVED AT MEETING OF �'� Page 23