HomeMy WebLinkAbout1994-05-25 - City Commission Regular Meeting MinutesCity Council Regular Meeting
5/25/94/KJ
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CITY OF TAMARAC
CITY COUNCIL REGULAR MEETING
WEDNESDAY, MAY 25, 1994
CALL TO ORDER: Mayor Abramowitz called this meeting to order on
Wednesday, May 25, 1994, at 9.00 a.m. in Council Chambers of Tamarac
City Hall, 7525 Northwest 88 Avenue, Tamarac, Florida.
PLEDGE OF ALLEGIANCE AND SILENT MEDITATION: Mayor Abramowitz
called for the Pledge of Allegiance and a moment of silent meditation for
Sam Garber, former Charter Board member.
PRESENT: Mayor Norman Abramowitz
Vice Mayor Irving Katz
Councilman Larry Mishkin
Councilman Joseph Schreiber
Councilwoman Sharon Machek
ALSO PRESENT: Robert S. Noe, Jr., City Manager
Mitchell S. Kraft, City Attorney
Carol A. Evans, CMC, City Clerk
Karen Jackson, Secretary
INTRODUCTION
1. PRESENTATION by Mayor Abramowitz of a proclamation designating
the week of May 23-29, 1994, as "NATIONAL PUBLIC WORKS
WEEK."
SYNOPSIS OF ACTION:
Presentation was made by Mayor Abramowitz to Bill George, Public Works
Field Superintendent.
Mr. George expressed his appreciation and invited everyone to join in a
tour of the Public Works facility.
2. PRESENTATION by Mayor Abramowitz of a proclamation designating
the week of May 22-28, 1994, as "MUNICIPAL CLERKS WEEK."
SYNOPSIS OF ACTION:
Presentation was made by Mayor Abramowitz to Carol A. Evans and the
City Clerk staff.
3. PRESENTATION by Mayor Abramowitz of a proclamation designating
the week of June 6-12, 1994, as "CODE ENFORCEMENT OFFICERS
APPRECIATION WEEK".
SYNOPSIS OF ACTION:
Presentation was made by Mayor Abramowitz to Brad Nyhan, Code
Enforcement Supervisor, and the Code Enforcement officers.
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4. ANNOUNCEMENT by Mayor Abramowitz of vacancies on the
following boards and committees:
Ambulance Committee
Annexation Committee
Board of Adjustment
Code Enforcement Board
Consumer Affairs Committee
Insurance Advisory Board
Investment Advisory Committee
Parks and Recreation Board
Planning Commission
Privatization Committee
Public Information Committee
Sister Cities Committee
Social Services Board
Urban Forestry Committee
Veterans Affairs Committee
If any Tamarac resident is interested in serving on any of the above boards
and committees, please contact the Office of the City Clerk for an
application. If existing members desire to be considered for
reappointment, please indicate this by memo to the City Clerk's Office.
Present members shall serve until appointments are made by Council.
SYNOPSIS OF ACTION:
Announcement was made by Mayor Abramowitz. Appointments to be made
during the week of June 22, 1994.
PUBLIC PARTICIPATION
5. PUBLIC PARTICIPATION - Any member of the public may speak to
any issue which is not agendized for public hearing at this meeting.
Speakers will be limited to three minutes during this item and at
public hearings. There will be a thirty (30) minute aggregate time
limit for this item, and speakers are encouraged to sign up in
advance with the City Clerk prior to their participation.
Nathan Peretzman, resident, expressed his appreciation to the City
Manager and Mayor Abramowitz for their efforts in answering his concerns
of the City overcharging the residents 5% by giving All Service Refuse and
Southern Sanitation a 15% franchise fee instead of a 10% fee. He
expressed his concerns about the 5%.
Morton Burdman, President of Vanguard Village Maintenance Association,
expressed his opposition to the request for a zoning variance by the
shopping mall at the southeast corner of University Drive and McNab Road.
He said the rear of the wall faces NW 74 Avenue, which is the western
boundary of Vanguard Village. He said there is a landscaped strip of land
which acts as a buffer separating the commercial and residential
properties.
Mr. Burdman said the owner of the property wants a zoning variance in
order to convert the landscape strip into a parking lot. He said there are
three objections to this request: 1) Since Publix moved 7 years ago, the
parking lot of this mall is always more than 50% empty. Obviously, there
is no urgent need for additional parking. 2) There are 12 mature trees in
the strip, including 4 ficus and 3 palm trees. fie said a permit from the
County is required to chop them down, which must be denied. 3) If this
request for variance is approved, then all commercial property owners
will see the green light to encroach upon residential properties. He said
the affect on property values would be catastrophic.
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CONSENT AGENDA
6. Items listed under Consent Agenda, Item 6, 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.
a. MOTIQN TQ„ADOPT Temp. Reso. #6722 supporting the City
of Sunrise in its efforts to secure funding through the U.S.
Department of Justice, Bureau of Justice Assistance, POLICE
HIRING SUPPLEMENT GRANT.
SYNOPSIS OF ACTION: RESOLUTION R-94-76-PASSED
APPROVED
b. MOTION TO ADOPT Temp, Rgao, ##6725 to approve the City
Attorney's attendance at Florida Municipal Attorneys
Association 13th Annual Seminar, at Amelia Island, Florida,
July 21-24, 1994, with funding to come from Account
Nos. 001-106-514-402 (Travel) and 001-106-514-410
(Meetings/Seminars).
SYNOPSIS OF ACTION: RESOLUTION R-94-77-PASSED
APPROVED
City Clerk
C. MOTION TO APPROVE the minutes of the following City
Council meetings:
1) 4/27/94 - Regular Meeting
2) 5/02/94 - Special Meeting
YN P I F ACTION:
APPROVED 6.c.1. and 6.c.2.
C/M Schreiber MOVED to APPROVE the Consent Agenda, SECONDED by
V/M Katz.
VOTE:
ALL VOTED AYE
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Administrative
7. MOTION TO ADOPT Temp. Reso. #6723 providing authority to the
City Manager for the hiring of temporary personnel for limited terms
of employment, as may be required to meet special or season needs,
for a period up to six (6) months providing that funding authority
exists.
SYNOPSIS OF ACTION: RESOLUTION R-94-78-PASSED
APPROVED
Mr. Kraft read Temp. Reso. #6723 by title.
C/M Schreiber MOVED to APPROVE Temp. Reso. #6723, SECONDED by
C/M Mishkin.
Mayor Abramowitz asked where the funding will be coming from and Mr.
Noe said it would be coming from the Department which requests
temporary personnel.
VOTE: ALL VOTED AYE
Mayor Abramowitz announced that Items 8 - 17 are deemed to be quasi-
judicial in nature.
Mr. Kraft said items 8 - 17 on this agenda have been deemed by the courts
to be quasi-judicial. He requested that the interested parties involved in
each of these items come forward, state their names and state whether or
not they are willing to waive their quasi-judicial hearing rights and
whether they are willing to go forward without sworn testimony and
without the right to cross-examination. He said if this is acceptable to
both of the interested parties, the items will be handled as usual. He said
if there are objections by either of the interested parties, other
arrangements will have to be made at a later time.
Mr. Kraft said the Mayor will be the Lead Officer conducting the hearings
and the Council will be fully participating in all of the evaluations.
Community Develo ment/ uasi-Judicial
8. MOTION TO ADOPT Temp. Reso. #6705 approving an
encroachment of 1-foot into the 5-foot side yard utility easements
of various homes in AVALON AT WOODMONT (TRACT 56) for the
locating of air conditioning units (located on the northwest corner
of University Drive and NW 78 Street). Petition #1-P-94
SYNOPSIS OF ACTION:
TABLED at the request of the Petitioner to Regular City Council meeting to
be held on Wednesday, June 8, 1994 at or after 7:00 p.m.
Mr. Kraft read Temp. Reso. #6705 by title.
C/M Schreiber MOVED to APPROVE Temp. Reso. #6705, SECONDED by
C/M Mishkin.
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Bonnie Miskel, Attorney with Ruden Barnett and the Representative of the
Petitioner, stated she has no objection, but requested this item be tabled.
C/M Mishkin MOVED to TABLE Temp. Reso. #6705, SECONDED by C/W
Machek.
VOTE:
ALL VOTED AYE
9. MOTION TO ADOPT Temp. Reso. #6709 approving an
encroachment of 2.3-feet into a 6-foot utility easement and 6-
inches into a 6-foot utility easement located along the rear and
south side of property located at 8212 NW 74 Terrace (Lot 49, Block
3, Sunflower First Addition). Petition #3-P-94
RESOLUTION R-94-79-PASSED
Mr. Kraft read Temp. Reso. #6709 by title.
C/M Schreiber MOVED to APPROVE Temp. Reso. #6709, SECONDED by
C/M Mishkin.
Nancy Vogel, former owner of the subject property, stated she has no
objection and waived her rights.
Ann Marie Thompson, present owner of the subject property, stated she is
also representing her husband and neither have any objections and waive
their rights.
Mike Vonder Meulen, Director of Planning, read the Findings of Fact. He
said this is a request of an encroachment of two and three -tenths feet
into a 6-foot utility easement located along the east side of the property
and an encroachment of six inches into a 6-foot utility easement along the
south side of the property. He said a pool and walk were constructed in
locations that encroach on the easements.
Mr. Vonder Meulen said the encroachment is necessary to clear the title
for the sale of the house. He said the walk was constructed in 1974 and
the pool in 1978, both with permits and both with inspections which were
approved. He said FP&L, Southern Bell and the City's Engineering
Department have been contacted and have no objections to this request. He
said FP&L and Southern Bell will not be responsible for repair and
replacement of any portion of the slabs when they do repairs to their
facilities.
Mr. Vonder Meulen said the property is zoned R-1 C and the site meets all
other zoning requirements. He said the use is consistent with the
Comprehensive Plan and there are no concurrency issues affiliated with
this request. He said the alternatives are to approve, approve with
conditions, or recommend denial of this request. He recommended approval
of this request.
Mayor Abramowitz OPENED and CLOSED the public forum with no
response.
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C/M Schreiber asked who currently owns this property.
Mr. Vonder Meulen said this request is still to clear title, however, the
title has already been transferred to the new owners, the Thompsons.
C/M Schreiber asked why this cannot be rectified between the two parties
rather than before Council for a variance and Mr. Vonder Meulen said this
is a normal procedure.
C/M Schreiber asked what the purpose is for having a Code which prohibits
encroachment into utility easements and Mr. Vonder Meulen said this is to
prevent these types of situations from occurring, but this property was
built 20 years ago and there are no objections by the utility companies.
C/M Schreiber asked if the Code was enforced at the time the permits
were issued and Mr. Vonder Meulen said, yes. He said the City does not
require spot surveys on these types of non-structural improvements.
C/M Schreiber asked where the City's Building Department was at the time
that these errors were made. He said the Building Department is supposed
to protect the City's best interest and to make sure that things are done
correctly.
Mr. Vonder Meulen said an Inspector cannot state where a property line is
out in the middle of nowhere.
V/M Katz asked if the Petitioner has applied for a variance to the Board of
Adjustment and Mr. Vonder Meulen said, no, and they are not required to do
so.
Ms. Vogel said the original drawings show 5-foot easements, which would
eliminate one of the encroachments completely from question and reduce
the other considerably. She said no one will ever know how this happened
20 years ago.
C/M Mishkin said the Petitioner had mentioned title insurance. He said the
survey was ordered and certified as a title insurance survey. He asked if
the Petitioners would have any recourse to the title company if Council
turned this request down.
Mr. Kraft said the matter before Council today is the request for the
encroachment into the utility easement. He said any rights of action with
the title company is a private matter.
Mayor Abramowitz said every quasi-judicial matter will be judged on a
statement of facts only.
C/M Schreiber asked if the granting of this variance will clear the title
for the future sale of this property should the Thompsons want to sell it.
Mr. Kraft said he cannot speak for the future and the request for the
encroachment is what is before Council at this time.
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Mayor Abramowitz requested that Council remain with the statements of
fact.
VOTE:
ALL VOTED AYE
10, N T granting a special
exception to allow CHECKERS RESTAURANT at THREE LAKES
PLAZA (located on the southwest corner of Commercial Boulevard
and NW 31 Avenue). Petition #4-Z-94
SYNOPSIS OF ACTION: RESOLUTION R-94-80-PASSED
APPROVED
Mr. Kraft read Temp. Reso. #6711 by title.
C/M Schreiber MOVED to APPROVE Temp. Reso. #6711, SECONDED by
V/M Katz.
William Shipsky of Westcon Consulting, Representative for Checkers
Restaurants, and Robert Moskovitz, Civil Engineer representing the owner
of Three Lakes Plaza, both indicated they waived their rights and had no
objection moving forward.
Mr. Vonder Meulen read the Findings of Fact. He said this is a request for a
special exception for a 785 square foot restaurant located at Three Lakes
Plaza with 845 square feet of outdoor seating. He said Council recently
approved a special exception for a Boston Chicken Restaurant at the same
shopping center and is currently under construction.
Mr. Vonder Meulen said a restaurant in this location requires a special
exception. He said the applicant has also applied for site plan approval to
construct a restaurant, which is the next item on the agenda. He said
requirements of special exception include the establishment being at
least 100 feet from the nearest residence, there must be prior approval of
means and methods of waste disposal, a plan to control the reduction and
elimination of offensive odors and there must be at least 100 feet of
stacking for each of the drive-thru lanes.
Mr. Vonder Meulen said the applicant has met all of these requirements. He
said the site is zoned B-2 and is consistent with the Comprehensive Plan.
He said the applicant has met all of the Code requirements concerning this
restaurant and there is adequate parking on the site. He said Staff has no
objections to the outdoor seating being requested. He said the parking has
also been calculated on the outdoor seating.
Mr. Vonder Meulen said the surrounding land uses are: north—commercial-
B-1 C, east—residential-R-1, south--residential-RM-5, and west—
commercial-PCC-1. He said an alternative to the request is to deny the
special exception and any additional terms would be to recommend any
conditions based on the health, safety and welfare issues not currently
addressed.
Mr. Vonder Meulen said the Community Development Department has no
additional conditions to place and recommended approval. He said the
Planning Commission recommended approval of this application at its May
4, 1994 meeting.
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Mr. Shipsky said he has nothing to add.
Mayor Abramowitz OPENED and CLOSED the Public Forum with no
response.
C/M Schreiber asked what the hours of operation would be and Mr. Shipsky
said 10:00 a.m. to 10:00 p.m. or 12:00 midnight.
VOTE:
ALL VOTED AYE
11. MOTION TO ADOPT Temp. Reso. #6706 approving a major revised
site plan for the CHECKERS DRIVE-IN RESTAURANT at THREE
LAKES PLAZA reflecting a 785 square foot freestanding restaurant
with 845 square feet of outdoor seating (located on the southwest
corner of Commercial Boulevard and NW 31 Avenue).
Petition #9-SP-94
SYNOPSIS OF ACTION: RESOLUTION R-94-81-PASSED
APPROVED
Mr. Kraft read Temp. Reso. #6706 by title.
C/M Schreiber MOVED to APPROVE Temp. Reso. #6706, SECONDED by
C/M Mishkin.
William Shipsky of Westcon Consulting, Representative for Checkers
Restaurants, and Robert Moskovitz, Civil Engineer representing the owner
of Three Lakes Plaza, both indicated waiving their rights and having no
objection to moving forward.
Mr. Vonder Meulen read the Findings of Fact. He said this is the site plan
approval recommendation request by the applicant for the project just
heard for the restaurant use, a Checkers Drive -In Restaurant. He said the
applicant is proposing the construction of 785 square foot restaurant with
845 square feet of outdoor customer service.
Mr. Vonder Meulen said the site plan is zoned B-2 and the restaurant is not
specifically permitted, a special exception is required. He said the site
plan includes: dual drive-thru lanes, providing 145 feet of stacking, which
exceeds the minimum requirement of 100 feet. He said the outdoor seating
of 9 tables has been provided for the outdoor customer service area. He
said the applicant has submitted a revised landscape plan to also be
considered with this proposal. He said the parking has been calculated
based on the size of the restaurant and the amount of outdoor seating,
which will ensure adequate parking for all customers.
Mr. Vonder Meulen said the traffic impact fees in the amount of $681.38
are due prior to permits being issued and the applicant has paid these
fees.
TAPE 2
Mr. Vonder Meulen said alternatives to this proposal include any additional
conditions desired by Council. He said Staff has no additional conditions to
place and recommended approval. He said the Development Review
Committee recommended approval on April 22, 1994 and the Planning
Commission recommended approval at its meeting on May 4, 1994.
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Mayor Abramowitz OPENED and CLOSED the Public Forum with no
response.
V/M Katz said waste removal is an issue which needs to be addressed. He
said his concern is for the immediate area surrounding the building where
the outdoor seating is located. He said he wants to make sure that there
are adequate provisions for waste removal on site.
Mr. Shipsky said the site plan indicates several trash receptacles and
Checkers Restaurants pays close attention to debris in the area and
employees are constantly monitoring the site for trash.
C/M Schreiber referred to the underground irrigation system. He asked if a
rain stack will be placed in the system to control rain runoff.
Mr. Shipsky said one is not designed in, but if it is Council's preference, it
will be provided.
C/M Schreiber said this is part of the Code and Mr. Vonder Meulen agreed
and said this is normally addressed at the time of the building permit.
C/M Schreiber asked if the number of trees and the types of trees are
normally indicated on the site plan.
Mr. Shipsky said Checkers Restaurants works hard to make sure that the
landscaping used is of the highest quality.
C/M Schreiber asked if the City has any control over the quality of the
trees and Mr. Vonder Meulen said this would be the quality adopted by the
City Code.
VOTE: ALL VOTED AYE
12. MOTION TO ADOPT T #6707 approving a minor revised
site plan with a height waiver for a broken fence along LAND
SECTION 8 - PLUM BAY/PLUM HARBOR to allow 7-feet 6-inches
where only 6-feet is permitted for the fence ends as requested by
Pulte Home Corporation (located north of Commercial Boulevard and
east of Nob Hill Road). Petition #12-SP-94
SYNOPSIS OF ACTION: RESOLUTION R-94-82-PASSED
APPROVED
Mr. Kraft read Temp. Reso. #6707 by title.
V/M Katz MOVED to APPROVE Temp. Reso. #6707, SECONDED by C/M
Schreiber.
Mayor Abramowitz expressed his dissatisfaction with the language
"broken fence".
V/M Katz said this term means "not contiguous."
Tim Hernandez, Vice President of Pulte Homes, waived his rights to cross-
examination and testimony.
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Mr. Vonder Meulen said this is a request to install a broken fence,
intermittent fence, which will run the entire length of Nob Hill Road for
screening purposes. He read the Findings of Fact.
Mr. Vonder Meulen said the fence is actually 6 feet in height, but the posts
are 7 feet 8 inches in height which exceeds the maximum allowable by
Code. He said alternatives are to approve, approve with conditions, or to
deny. He said Staff has no additional conditions and recommended
approval. He said the Plan Adjustment Committee recommended approval
on April 22, 1994 and the Planning Commission recommended on May 4,
1994.
Mr. Hernandez said the point of this is to create an attractive appearance
along Nob Hill Road.
Mayor Abramowitz OPENED and CLOSED the Public Forum with no
response.
V/M Katz asked he has concerns regarding the 6 inch rails in the fence and
requested that Pulte Homes be prepared to maintain this properly if
damage is done to the fence. He said the South Florida Building Code
maintains a space of 4 inches so that no child's head gets stuck between.
Mr. Hernandez said Pulte Homes will comply to all Codes and this is a
standard -type fence. He said maintenance is provided in the Homeowners
Association documents.
C/M Schreiber asked for the layout plan for the fence and landscaping.
Mr. Hernandez said there is a pillar at every other lot and landscaping
between, in front of and behind the fence. He said the philosophy is based
on the fact that some of the older developments have walls which invite
graffiti. Further description was given of the fence.
VOTE: ALL VOTED AYE
13. MOTION TQ ADOPT Temp. Reso. #6708 approving a major revised
site plan for the LAND SECTION 8 - PLUM BAY/PLUM HARBOR
project reflecting an increase of five (5) single family homes, a
decrease of twelve (12) multi -family townhomes, a reconfiguration
of the townhome area, identification of all recreation amenities and
a height waiver for the fence around the tennis courts to allow
12-feet where only 6-feet is permitted as requested by Pulte Home
Corporation (located north of Commercial Boulevard and east of Nob
Hill Road). Petition #10-SP-94
SYNOPSIS OF ACTION:
Deferred until after the Public Hearings. See Page 14 for final action.
Mr. Kraft read Temp. Reso. #6708 by title.
C/M Schreiber MOVED to APPROVE Temp. Reso. #6708, SECONDED by
C/W Machek.
Mr. Hernandez stated he waived his rights to cross-examination and
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testimony.
Mr. Vonder Meulen read the Findings of Fact. He said this is a request for a
major revised site plan to change the multi -family area within the Land
Section 8 project known as Plum Bay/Plum Harbor. He said the applicant is
requesting to change the configuration of the townhome area which
includes the increase of five single-family units and a decrease in twelve
multi -family units, yielding a net loss of seven units.
Mr. Vonder Meulen said the plan also reflects a change in the roadway
configuration and identifies all amenities in the recreation area. He said
the site is zoned RM-1 p and S-1 and the proposed uses are consistent with
the Comprehensive Plan. He said there are no concurrency issues affiliated
with this request due to the reduction of dwelling units.
Mr. Vonder Meulen said the site plan does not meet minimum zoning
requirements. He said the height of the fence around the tennis courts is
proposed at 12 feet, which exceeds the maximum 6 feet permitted within
the City Code. He said the applicant is also requesting a height waiver in
this request. He said highlights in the site plan include: a pool cabana in
the recreation area, tennis courts and a dock and boat ramp,
reconfiguration of the quadplex area with dead end streets, which are
similar to the design of the Malvern project, changes to the Plum Bay
Parkway, which allows single-family homes to front on both sides of the
Parkway.
Mr. Vonder Meulen said alternatives to the proposed project include
approval, approval with conditions or denial based on any health, safety
and welfare issues. He said Staff has no additional conditions to place and
he recommended approval. He said the Development Review Committee
recommended approval on April 22, 1994 and the Planning Commission
recommended approval on May 4, 1994.
Mayor Abramowitz asked if this is a decrease in the number of units and
Mr. Vonder Meulen said it is a decrease with some minor details altered.
Mayor Abramowitz OPENED the Public Forum.
Sy Bauer, resident, questioned the safety of the construction of a 12 foot
wall around any area and fencing it in. He said tennis courts are usually
open late into the evening and is concerned about the possibility of
assaults if there is not proper patrol. He asked why it is necessary for a
fence to be raised double the standard size.
Mayor Abramowitz said this is a normal chain link fence that would go
around a tennis court. He said it is not possible to have a shorter fence
around a tennis court.
C/M Schreiber said the notes indicate that the owner is Leadership
Housing and Mr. Hernandez said the original site plan that was submitted
had the old notes which included Leadership Housing. He said Leadership
Housing still owns about two-thirds of the site.
Mayor Abramowitz said this was discussed at a previous meeting.
C/M Schreiber asked what the size of the recreation area and the various
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components.
Mr. Hernandez said the recreation area is approximately one acre.
C/M Schreiber asked the size of the pool and Mr. Hernandez said 31 feet x
59 feet. He said the deck extends around 8 to 12 feet on the long end and
on the short end approximately 25 feet.
C/M Schreiber asked how many restrooms will be in the cabana and Mr.
Hernandez said it will meet the Code requirements. C/M Schreiber asked
the number of tennis courts and Mr. Hernandez said two.
Mr. Hernandez said there will be 430 dwelling units in the development
and C/M Schreiber asked if there will be enough provisions for the number
of people.
Mr. Hernandez said this is enough based on the number of single-family
units and the size of the lots where there is enough room for a pool on the
individual lot. He said there is a statutory requirement a for pool which
must be met.
C/W Machek asked if any lots have been sold at present and Mr. Hernandez
said in Plum Bay, there are six contracts and eight interested.
C/W Machek said there are children already applying to Tamarac
Elementary from this area.
Mayor Abramowitz reminded Council to remain on the facts presented on
this quasi-judicial matter.
V/M Katz recommended that the recreation area be rezoned to S-1 in order
for the City to inventory it as park area within the City.
Mayor Abramowitz deferred Item #13 until after the Public Hearing.
(Continued on Page 12.)
ORDINANCES
City Attorney
PUBLIC HEARING - 10:00„ A.M.
24. PUBLIC HEARING - MOTION TO ADOPT Temp. Or #1685 on
second reading amending Chapter 9 of the Code by adding a
prohibition of powered model vehicles in public recreation areas or
parks except in specifically designated areas.
UMOPSIS OF ACTION: ORDINANCE 0-94-3-PASSED
Public Hearing was held.
APPROVED on second and final reading.
Mr. Kraft read Temp. Ord. #1685 by title.
V/M Katz MOVED to APPROVE Temp. Ord. #1685, SECONDED by C/M
Mishkin.
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Page 13
Mayor Abramowitz OPENED the Public Hearing.
Jo Wright, resident of Tamarac Lakes North, expressed her concerns
regarding the noise created by these model vehicles and urged Council to
approve this Ordinance.
Herb Hayes, resident of Section 20, agreed about the noise level. He said
the Ordinance reads, "mechanical powered", and said that he has seen an
electric cruise ship in their swimming pool and in the canal. He
recommended that the language in the Ordinance should be approved with
the language, "with the exception of solar or electric powered vehicles",
which are not of a noise -making nature.
Mayor Abramowitz said at the first reading of this item, discussion had
been held regarding electrical units and the suggestion was made that the
party who was against Council approving this bring in some models for a
demonstration. He said no one has come forward with information or
demonstrations to date. He said he does not want anyone in the public to
have a confrontation as to whether or not the sound level is too loud. He
said there are County parks that specialize in model sailing and such. He
said the residents need relief.
V/M Katz said he had mentioned in the first reading that there is no way
that a Sheriff's Deputy can determine, without a decibel meter, whether
or not the level of noise is too loud. He said this should have a blanket
elimination.
C/W Machek said she had spoken to the party, who was under the
understanding that the final public hearing would be required during a
night meeting.
Mr. Kraft said the meeting was noticed as a Public Hearing properly and
there are no statutory requirements that it must be a night meeting.
C/W Machek MOVED to AMEND the Ordinance to add the word "gas" in
front of the word "powered" model vehicles.
C/M Mishkin referred to Section 9-87, and said Council is adding the
terminology to prohibit this use. He recommended that the City create
areas where this would not be prohibited, which would cover the objection
of solar powered.
Mayor Abramowitz said he encourages people to be entertained. He said the
issue is how to determine the level of noise and the people having
confrontations over the issue.
C/W Machek said she is not asking Council to deal with the word,"noise",
but with the word "gas". She said electric and solar powered vehicles
make a very quiet buzz which comes from the remote control only.
C/M Schreiber said he sympathizes with the people who complain about
the noise, but this Ordinance goes too far. He said this rules out any
possibility of anyone else utilizing the area for the use of something that
makes no noise. He said those people are being excluded from enjoying
something. He said the City cannot put in an Ordinance so restrictive and
possibly change it later. He recommended using ways and means to
City Council Regular Meeting
5/25/94/KJ
Page 14
determine the noise level such as airports do.
Mayor Abramowitz asked for a Second to the request to insert the word,
"gas" in front of powered in the Ordinance.
C/M Schreiber SECONDED the Motion.
Mr. Kraft recommended that the language be, "fossil fuel -powered or
alcohol".
VOTE: C/M Mishkin - NAY
C/M Schreiber - AYE
C/W Machek - AYE
V/M Katz - NAY
Mayor Abramowitz - NAY
Mayor Abramowitz asked for a vote on the original Motion.
VOTE: V/M Katz - AYE
C/W Machek - NAY
C/M Schreiber - NAY
C/M Mishkin - AYE
Mayor Abramowitz - AYE
13. MOTION TO ADOPT Temp. Reso. #67QQ approving a major revised
site plan for the LAND SECTION 8 - PLUM BAY/PLUM HARBOR
project reflecting an increase of five (5) single family homes, a
decrease of twelve (12) multi -family townhomes, a reconfiguration
of the townhome area, identification of all recreation amenities and
a height waiver for the fence around the tennis courts to allow
12-feet where only 6-feet is permitted as requested by Pulte Home
Corporation (located north of Commercial Boulevard and east of Nob
Hill Road). Petition #10-SP-94
SYNOPSIS OF ACTION:
APPROVED (See also Page 10)
RESOLUTION R-94-83-PASSED
Mayor Abramowitz reminded Council that this item and the following
items are quasi-judicial in nature.
V/M Katz continued that this recreation area be rezoned to S-1 and Mr.
Vonder Meulen had informed him that this item has been inventoried as
parks.
VOTE: C/M Schreiber - Absent
C/W Machek - AYE
V/M Katz - AYE
C/M Mishkin - AYE
Mayor Abramowitz - AYE
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14. MOTION TO ADOPT Temp. Reso. #6713 approving a major revised
site plan for the TRENT project reflecting three (3) covered parking
areas encompassing eighteen (18) spaces (located east of NW 108
Terrace, south of NW 80 Street). Petition #62-SP-93
SYNOPSIS OF ACTION: RESOLUTION R-94-84-PASSED
APPROVED
Mr. Kraft read Temp. Reso. #6713 by title.
V/M Katz MOVED to APPROVE Temp. Reso. #6713, SECONDED by C/M
Mishkin.
Rick Weinberg, of Carnahan and Associates and representative for Lennar
Homes, waived his rights for cross-examination and testimony.
Mr. Vonder Meulen said this is a request for a major revised site plan to
allow covered parking spaces within the project named Trent. He said the
applicant is proposing to construct three covered parking areas in this
project encompassing 18 parking spaces. He said the site is zoned R-3 and
meets the minimum zoning requirements. He said the three carports are 54
feet wide with a maximum height of 8 feet. He said there are no
concurrency issues affiliated with this request. He said the areas are not
being enclosed so there is no additional square footage.
Mr. Vonder Meulen said alternatives for this proposed project include
approval, approval with conditions or denial based on any health, safety
and welfare issues. He said Staff has no additional comments and he
recommended approval. He said the Development Review Committee
recommended approval on April 8, 1994 and the Planning Commission
recommended approval on April 20, 1994.
V/M Katz asked if it is necessary for the ceiling tiles to be fire retardant
and Mr. Weinberg said the structures are all aluminum.
C/M Schreiber asked why all of the spaces are not being covered and Mr.
Weinberg said the Building Code requires a 30-foot separation between
each one and a maximum length of 54 feet each.
Mr. Weinberg said this was based on the fact that approximately 20% of
the residents would want this option at an additional cost to the resident.
He said this will be offered to the residents of those buildings which are
going to be under construction.
C/M Schreiber asked how this will affect the lighting and Mr. Weinberg
said there is a light under each ceiling.
TAPE 3
VOTE: ALL VOTED AYE
City Council Regular Meeting
5/25/94/KJ
Page 16
15. MOTION TO ADOPT Temp. Reso. #6714 approving a major revised
site plan for the WELDON project reflecting 19 covered parking
areas encompassing 108 spaces (located on the northeast corner of
NW 77 Street and NW 99 Avenue). Petition #63-SP-93
SYNOPSIS OF ACTION: RESOLUTION R-94-85-PASSED
APPROVED
Mr. Kraft read Temp. Reso. #6714 by title.
C/M Schreiber MOVED to APPROVE Temp. Reso. #6714, SECONDED by
C/W Machek.
Rick Weinberg, of Carnahan and Associates and representative for Lennar
Homes, waived his rights for cross-examination and testimony.
Mr. Vonder Meulen said this is a request for a major revised site plan for
the Weldon project for 19 covered parking areas encompassing 108 spaces.
He said the site is zoned R-3 and is consistent with the Comprehensive
Plan and there are no concurrency issues or conditions. He said Staff has
no additional comments and he recommended approval. He said the
Development Review Committee recommended approval on April 8, 1994
and the Planning Commission recommended approval on April 20, 1994.
Mayor Abramowitz OPENED and CLOSED the Public Forum with no
response.
C/M Schreiber asked if these spaces are a part of the total number of
spaces for the project and Mr. Weinberg said, yes.
C/M Schreiber asked how would a sufficient number of regular spaces be
provided if the people moving in do not want to avail themselves of the
covered areas.
Mr. Weinberg said there are more than enough spaces in the development.
Mayor Abramowitz asked what would happen if there are more people
wanting the covered spaces than there are spaces available and Mr.
Weinberg said this would not be an option available to them.
Sonny Winnerman, resident of Ashmont, Kings Point, said these spaces
would no longer be common area. He asked who would be responsible for
the maintenance of these areas if there is damage or they fail to meet
Code requirements.
Mr. Weinberg said this would be the responsibility of whatever unit owner
has the option and will mean an additional maintenance fee.
VOTE: ALL VOTED AYE
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16. MOTION TO ADOPT Temp. Reso. 46712 approving a major revised
site plan for the GRANVILLE project reflecting 25 covered parking
areas encompassing 133 spaces (located south of NW 80 Street
between Nob Hill Road and NW 108 Terrace). Petition #64-SP-93
RESOLUTION R-94-86-PASSED
Mr. Kraft read Temp. Reso. #6712 by title.
C/M Schreiber MOVED to APPROVE Temp. Reso. #6712, SECONDED by
C/W Machek.
Rick Weinberg, of Carnahan and Associates and representative for Lennar
Homes, waived his rights for cross-examination and testimony.
Mr. Vonder Meulen read the Findings of Fact. He said this is an additional
request by Lennar Homes for a major revised site plan for the Granville
project for 25 covered parking areas encompassing 133 spaces. He said
the site is zoned R-3 and is consistent with the Comprehensive Plan and
there are no concurrency issues. He said there is an additional condition
involving the sidewalk from Granville. He referred to the last page of the
site plan which indicates the pedestrian area ending at the bridge. He said
there is no sidewalk proposed to be constructed to NW 80 Street. He said
this may be a condition which needs to be addressed.
Mayor Abramowitz said he would prefer that Mr. Kraft be present for this
discussion and RECESSED the meeting at 10:30 a.m. and RECONVENED the
meeting at 10:35 a.m. with ALL PRESENT.
Mr. Kraft said this item refers to the covered parking spaces and
discussion should be only about this. He said the issue regarding the
sidewalk should be brought back to Council for consideration at a later
date.
Mr. Vonder Meulen said this sidewalk is not required by Code to be
constructed at this time because it is an ingress/egress, but would be
required to be constructed at the time the abutting project, Exeter, is
built.
Mayor Abramowitz OPENED the Public Forum.
Marvin Seidel, resident of Kings Point, asked if the person who has a
covered parking area and no longer utilizes it, can sublease or sell it.
Mr. Weinberg said the person does not own the property. He said the space
would be reassigned to another property owner. Discussion was held
regarding this.
Mayor Abramowitz asked if the individual would be permitted to allocate
the space to a selected individual and Mr. Weinberg said it would be a
first -come, first -serve basis by the Condo Association.
City Council Regular Meeting
5/25/94/KJ
Page 18
Mayor Abramowitz CLOSED the Public Forum with no additional
response.
VOTE:
ALL VOTED AYE
17. MOTION TO ADOPT-Temp,-Reso, #6710 granting a special
exception for a bakeshop on Parcel "A" of BURKHARD OFFICE
PLAZA as requested by N.J. Vitale (located on the southeast corner
of Commercial Boulevard and Rock Island Road) (SABAL PALM
PLAZA). Petition #5-Z-94
SYNOPSIS OF ACTION: RESOLUTION R-94-87-PASSED
APPROVED as amended subject to:
1. No cooking of baked goods on premises
2. This restriction may be lifted subject to the approval of Council.
Mr. Kraft read Temp. Reso. #6710 by title.
C/M Schreiber MOVED to APPROVE Temp. Reso. #6710, SECONDED by
C/M Mishkin..
Mr. N. J. Vitale, owner of the bakeshop, waived his rights for the quasi-
judicial process.
Mayor Abramowitz explained that the term, "bakeshop" does not
specifically mean bakeshop and requested that this be explained to the
public and Council.
Mr. Vonder Meulen said this is a request for a special exception for a
"bakeshop" located on the southeast corner of Commercial Boulevard and
Rock Island Road. He said this "bakeshop" has no baking on -premises, but
he is required by the City Code of Ordinances to make his interpretation as
to where this particular use would be permitted most appropriately.
Mr. Vonder Meulen said there will be no cooking on -premises and the
intention is to bring the food on -site and have baked goods and coffee
available for customers to go or for on -premises consumption. He read the
Findings of Fact. He said there is adequate parking on -site. He and the
Planning Commission recommended approval.
Mayor Abramowitz said he understands that this location will sell coffee
and donuts to the public, the donuts being brought in and Mr. Vitale agreed.
Mayor Abramowitz OPENED and CLOSED the Public Forum with no
response.
C/M Mishkin asked if cooking or baking on -premises will be precluded in
the future if this is granted at this time.
Mr. Vonder Meulen referred to the resolution. He said it would be his
interpretation that a bakeshop could be permitted in the future and
transferred administratively in the future. He said the original application
does state that there is no cooking on -premises, but it is not stated in the
resolution.
Mayor Abramowitz asked if this stipulation could be made and Mr. Kraft
City Council Regular Meeting
5/25/94/KJ
Page 19
said with certain definitions of "bakeshop", the City may have difficulty
in the future without a stipulation included in the resolution.
Mayor Abramowitz asked if Council can restrict this to the Petitioner's
request for no cooking on -premises and Mr. Kraft said these provisions can
be placed in the resolution.
C/W Machek said this situation would be the same as the Dunkin Donuts at
the Amoco Service Station on University Drive where they bring in their
donuts and brew the coffee on -premises for sale and Mayor Abramowitz
said the City does currently have a precedence set for this situation.
Mr. Vonder Meulen said he would research the Dunkin Donuts item further
and report back to Council.
Mr. Noe said regardless if there has been a precedence set, it would be
irrelevant. He said there are Codes that would be enforced if they are
cooking on -premises that would not be enforced if there were no cooking
on -premises. He said the Petitioner could come back to Council to have the
special exception removed in the future if desired.
Mayor Abramowitz said he would have to insist that a stipulation be
included that goes with the property.
V/M Katz said any restaurant must come before Council for a special
exception based on the Code. He asked if the license will be issued as a
bakeshop and Mr. Vonder Meulen said this would be reviewed by the
Occupational License Division and all the licenses will have to be applied
for and paid.
V/M Katz asked if there is a conflict if a sink is on the property and Mr.
Vonder Meulen said there are two different types of sinks which are
required by Code. Discussion was held regarding the sink.
V/M Katz said there has to be some type of relief for the applicant
without opening a Pandora's box.
Mayor Abramowitz said when opening an establishment that requires
cooking or baking on -site, everything changes. He said the Amoco Station
with the Dunkin Donuts has a stipulation that they cannot bake or cook, but
is used as a dispensary.
C/M Schreiber asked where the location would be in the shopping plaza and
Mr. Vitale said it would be 100 feet east of Rock Island Road and
approximately 100 feet south of Commercial Boulevard.
Mr. Vonder Meulen suggested that additional conditions be placed on the
special exception that there will be no cooking of baked goods on -
premises and the restriction may be removed subject to City Council
approval.
Mayor Abramowitz said this restriction is an absolute must in this case.
City Council Regular Meeting
5/25/94/KJ
Page 20
C/M Schreiber MOVED to APPROVE Temp. Reso. #6710, subject to the
condition that there be no baking or cooking and in the event that the
applicant wants to bake goods on -premises, the applicant must reapply for
City Council approval, SECONDED by V/M Katz.
VOTE:
ALL VOTED AYE
Mayor Abramowitz announced that this was the end of the quasi-judicial
items.
Public lic Services „Department
18. M TI N TO ADOPT T m. R #6704 awarding a contract for
the installation of the Stage II Vapor Recovery System at the BSO
Station, 7515 NW 88 Avenue, to Glasgow Equipment Services, Inc., in
the amount of $8,929.47 and AUTHORIZING the transfer of
$3,314.71 from Account 320-104-001 entitled "Police Facility
Construction Fund" and $5,616. from Account 503-739-588-975
entitled "Fleet Contingency" to an account to be established by the
Finance Department.
RESOLUTION R-94-88-PASSED
Mr. Kraft read Temp. Reso. #6704 by title.
C/M Schreiber MOVED to APPROVE Temp. Reso. #6704, SECONDED by
C/M Mishkin.
Kline Jones, Public Services Operations Manager, said this is to award a
contract for the installation of Stage 2 of the Vapor Recovery System at
the Broward Sheriff's Office station to Glasgow Equipment Services in the
amount of $8,929.47. He said this is required by a Broward County
Ordinance for Federal tax for dispensing more than 10,000 gallons of fuel
in any one month.
Mr. Jones said it has been determined by the Broward County ENRP and the
City of Tamarac that this facility does use that amount of fuel. He said
the Public Services Director recommends awarding the contract for the
Stage 2 Vapor Recovery System to Glasgow Equipment Services, Inc., and
to authorize the Finance Department to make the appropriate budget
transfer for funding of this project.
Mayor Abramowitz said he understood that more than 10,000 gallons was
not pumped from this location.
Mr. Jones said the records have been researched and in November and
December, 1993, the Broward Sheriff's Office did pump over 10,000
gallons. He said these records have been verified. He said the ruling states
that if more than 10,000 gallons in any one month is pumped, this must be
installed.
C/M Schreiber said the Broward Sheriff's Office is under the jurisdiction
of the County and asked why the City must pay for this system.
Mayor Abramowitz said the City is the Landlord and is responsible for
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City Council Regular Meeting
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Page 21
such renovations.
C/W Machek asked if there are any other people utilizing the gas pumps at
that location. She said it seems unfair that BSO vehicles from other areas
would be permitted to fuel from this location for the use of other areas.
She questioned the use of the facility for over 10,000 gallons of fuel to be
used only during those two months.
Mayor Abramowitz said the building belongs to the City, there is debt
service against the building and maintenance which the City has to pay
for. He asked if anyone other than the BSO fuels there.
Mr. Jones said the County Ordinance stipulates that if over 10,000 gallons
is pumped in any one month, there is an obligation to install this system.
Mr. Hargray said the use of this facility is for BSO. He said one of the
problems revealed to him was the fact that even though the City owns the
facility, the City did not monitor the activities at that pump. He described
the history involved with the Vapor Recovery System. He said the City is
currently under violation for not installing this system.
TAPE 4
Mayor Abramowitz asked who monitors the fuel consumption and Mr.
Hargray said another individual not at this BSO facility monitors it.
Mayor Abramowitz said he understands the Broward County Ordinance.
Mr. Jones said Broward County is investigating every gasoline station in
the County for this Vapor Recovery System.
V/M Katz said John Kelly, former City Manager, used to fuel his City car at
this location. He asked if anyone else who works for the City fuels at this
location and Mr. Hargray said there are no City vehicles filled at the BSO
station.
Mayor Abramowitz said the Vapor Recovery System is good for the
environment.
Mr. Noe said this is an environmental issue and he would not want the
private sector to be installing the Vapor Recovery System and the City
not. He said the Government should abide by the same rules that the
private sector does, whether meeting the standard or not. He said it would
be in the best interest of the City to be environmentally sensitive.
C/M Mishkin said there are construction costs and fines which may be
assessed ranging between $3,000 and $7,000 and asked where this money
would come from.
Mr. Jones said this would be a good possibility and the money would come
from the City.
C/W Machek asked who would be responsible for the cost of the
installation of the Vapor Recovery System and Mayor Abramowitz said the
owner of the property is responsible and the City is the owner.
VOTE: ALL VOTED AYE
City Council Regular Meeting
5/25/94/KJ
Page 22
19. MOTION TO ADOPT Tema. R authorizing the
appropriate City officials to execute an agreement with Carr Smith
Associates in an amount not to exceed $39,238.10 established in
their letter of May 2, 1994, to perform Tasks 1, 2, 3 and 4 in their
proposal of April 28, 1994, for the HIATUS ROAD CORRIDOR
project with funds from the Trafficways Improvement Fund.
RESOLUTION R-94-89-PASSED
Mr. Kraft read Temp. Reso. #6719 by title.
V/M Katz MOVED to APPROVE Temp. Reso. #6719, SECONDED by C/W
Machek.
Gordon Sparks, City Engineer, said this was discussed at two previous
Council workshops and the concept was approved to move forward on
Tasks 1 through 4.
Mayor Abramowitz said he endorses this. He said it is time the City moves
forward with the Land Section 7 project. He said there are other things
which work in favor of this project.
V/M Katz said the time to proceed is now. He said this is the last vestige
of the City and a potential revenue source.
C/M Mishkin said he is in favor of pursuing this. He said this is only one
portion of the proposal and the funds that will be needed to carry this
project to fruition prior to contracts being awarded. He said there are
approximately 10 tasks involved in this program. He said this does not
lead the City to Request for Proposals at present.
Mayor Abramowitz said this is an opportunity for the City to do this in a
proper fashion without utilizing a bandaid.
C/M Schreiber expressed his concerns in the difference in the amount of
money that it will cost. He said there are two different figures on the
same report. He referred to Task 1 with a total of 59 man hours and on
Task 2 indicating 90 man hours which shows an additional cost of over
$11,000.00. He asked which is correct.
V/M Katz said the proposed amount of money discussed during the Council
workshop was a maximum figure. Discussion was held regarding the
discrepancy in the figures.
Bryan Mirson, President of Carr Smith Associates, said the first proposal
is for the north half of the Section. He said Carr Smith was asked to
revise this proposal to evaluate the entire section, both north and south of
the proposed Hiatus Road.
Mayor Abramowitz asked who requested this and Mr. Mirson said that was
the request when the proposal was presented to lay out the issues related
to base maps, alternative alignments, elements related to the
connectivity of roads and concurrency elements.
Mr. Mirson said it was mentioned that all of the elements for the entire
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City Council Regular Meeting
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section needed to be reviewed and these figures reflect the changes of
such review.
Mr. Sparks said he had requested this be done and was under the
misconception that the original numbers included the north and south
portions of the section, but later found that the figures did not.
Mayor Abramowitz asked if the City is doing Mr. Pritzker's work and Mr.
Sparks said, no, but he wanted to look at the entire land section and leave
no stone unturned.
V/M Katz said this was one of the items discussed at the workshop. He
said the City was going to look for an additional sum of money from the
southern half, which may make up the difference. He said the money being
discussed was a maximum amount and the record should indicate that the
City was going to pursue trying to recover from the owner of the DRI, a
proportionate share of the $45,000.
Mr. Noe said his recollection is not what Mr. Sparks said. He said he
understood the direction regarding looking at the southern half came from
the City Council. He said the Council gave the direction to try to recover
the costs for the southern half from West Port.
Mayor Abramowitz said he agrees with Mr. Sparks. He said there is a
$10,000 or $12,000 discrepancy between doing the City's portion and
doing the total and Mr. Mirson agreed.
Mayor Abramowitz said the last thing the City wants to do is mess this up.
He said there are mega millions of dollars involved and the City needs to
get this done right.
C/M Schreiber said he understands the reason, but Carr Smith Associates
should have indicated that this was a revision over the other proposal and
Mr. Mirson agreed.
V/M Katz suggested that the City may be able to get a voluntary
stipulation from the representative of the West Port DRI that they will
participate in their proportionate costs of this venture.
Susan Motley, attorney with Ruden, Barnett, McCloskey, Smith, Schuster
and Russell and the representative for the owners of the south half of
Land Section 7, stated that she cannot assure the Council of anything at
this meeting. She said she will bring this to her client. She said if this is
what the City is hoping to accomplish, the owners of the south half would
want to actively participate in this process and be made fully aware of
what is being done and that the south half be included as well as the north
half.
Mayor Abramowitz recommended this be taken back to the owners of the
south half and Ms. Motley said the owners are interested due to the fact
that Hiatus Road helps the south half as well.
Mayor Abramowitz said he agrees with the cost differential.
VOTE: ALL VOTED AYE
City Council Regular Meeting
5/25/94/KJ
Page 24
20. MOTION TO ADOPT TemR. Reso. #6716 awarding Bid No. 94-04 in
the amount of $382,801. to McKay Construction, Inc., for the
construction of Lift Stations 21 and 22 Ductile Iron Force Main,
Project No. 93-04, with funding from Account 425-367-535-6HK
entitled "Extensions and Modifications"; project located on NW 75
Avenue, NW 77 Street, NW 79 Street and NW 80 Street in
Heathgate/Sunflower.
SYNQP351S QF ACTION: RESOLUTION R-94-90-PASSED
APPROVED
Mr. Kraft read Temp. Reso. #6716 by title.
C/M Schreiber MOVED to APPROVE Temp. Reso. #6716, SECONDED by
C/M Mishkin.
Mr. Sparks said this is a badly needed replacement project. He said the old
asbestos cement force main continues to break and the situation will
continue to get worse and needs to be replaced.
Mr. Hargray said there have been approximately 8 breaks with waste water
escaping in Heathgate and has been affecting the pumps and costing the
City a lot of money. He said the City does not want to be fined by the State
or County. He said the asbestos cement pipe needs to be replaced.
V/M Katz said if water is seeping out, then water is also seeping in, which
would increase the amount of money the City pays to remove waste water
to the County.
Mr. Hargray explained the type of pipe this is and the amount of pressure it
can withstand. He said the money will be funded from the Revenue Account
and the Reserve Account.
C/W Machek said "asbestos" scares the parents and wants to assure the
residents that what will be going on will not release huge amounts of
asbestos near their homes.
Mr. Sparks said this is a force main. He said there are several areas within
the City which have asbestos cement water main lines, but this is for
sewage and has nothing to do with the water supply.
C/W Machek said while this is being corrected, the seal of the asbestos
will be broken and asked if this will be safe and Mr. Sparks said there
should not be any asbestos infiltration.
C/W Machek asked if the Lift Stations have anything to do with water
runoff during heavy rains and Mr. Sparks said, no.
Mayor Abramowitz said this refers to the waste water, not drainage.
VOTE: ALL VOTED AYE
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City Council Regular Meeting
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Page 25
21. MOTION TO_ADOPT Temp. _ eso.#6720 awarding Bid No. 94-07 in
the amount of $165,251. to TLC Diversified, Inc., for Project 93-29,
Rehabilitation of Pump Stations #16 and #17 with funding from
Account 425-367-535-6PA; project located in Land Section 8 at
9406 Westwood Boulevard West (#17) and Land Section 9 at 5703
NW 84 Terrace (#16).
RESOLUTION R-94-91-PASSED
Mr. Kraft read Temp. Reso. #6720 by title.
C/M Schreiber MOVED to APPROVE Temp. Reso. #6720, SECONDED by
C/M Mishkin.
Mr. Sparks said this is one of the rehab projects which has been ongoing to
remove the old "wet/dry" type pump station and have one dry concrete
wet well with a submersible pump. He said this would be easier and
cheaper to maintain and will also be safer based on the fact that the
employees would not have to go down into the bottom of the pit.
Mayor Abramowitz said the City has had a continuous maintenance
program with the lift stations and Mr. Sparks said daily maintenance
occurs.
Mayor Abramowitz asked if these are part of the costly maintenance
program and asked if these have ever been revamped.
Mr. Sparks deferred to Mr. Hargray, who indicated that the City has
approximately 69 pump stations and the City has been rehabbing stations
for the past six years.
Mr. Hargray said the City has approximately 12 more stations which need
to be rehabbed to submersible and then the maintenance and operation of
the City's pump stations will be much easier and efficient.
Mayor Abramowitz asked if the maintenance program is working and Mr.
Hargray said it is working.
V/M Katz said one of his proposals was that the City purchase two more
generators annually to eliminate water in the streets. He said he would
like to see this expedited in the upcoming budget.
VOTE: ALL VOTED AYE
22. MOTION TO ADOPT-Temp.awarding Bid No. 94-08 in
the amount of $186,374.50 to United Underground Contractor
Corporation for Project 93-32, Drainage Improvements on NW 71
Place, and AUTHORIZING the transfer of $9,324.50 from Account
410-389-105 entitled "Resources Available" to Account
410-411-541-340 entitled "Other Contractual Services"; project is
located along NW 71 Place between Nob Hill Road and NW 108
Terrace.
SYNOPSIS OF ACTION: RESOLUTION R-94-92-PASSED
APPROVED
City Council Regular Meeting
5/25/94/KJ
Page 26
Mr. Kraft read Temp. Reso. #6718 by title.
C/M Schreiber MOVED to APPROVE Temp. Reso. #6718, SECONDED by
C/W Machek.
Mayor Abramowitz referred to the City Engineer Report regarding NW 71
Place and asked where the money is coming from for this project.
Mr. Noe said it will be coming from the Storm Water Management Fund.
Mayor Abramowitz asked what the $9,000 is for and Mr. Sparks said the
City had originally budgeted $177,400. He said $350 of this was used for
soil borings. He said the bid that was discarded last month was in excess
of $277,000. He said the bid he currently has is 5% more than what was
estimated, which is the $9,324.50 needed to cover the amount of the bid.
Mayor Abramowitz asked if there is enough money in the Drainage Fund and
Mr. Sparks said, no..
Mayor Abramowitz asked if the $9,324.50 will be returned to the other
account once the money is in the Drainage Fund.
Mr. Noe said this was funded from the General Fund which did not have
enough money and the $9,324.50 was taken from Storm Water Management
Fund.
Mayor Abramowitz said he wants to be sure that the money for this
project comes from the Storm Water Management income.
Mr. Hargray said there are sufficient funds to cover this. He said the
revenues predicted will be sufficient.
Mayor Abramowitz said he wants to be sure that the money for this
project comes out of that account and no other account.
C/M Schreiber asked when the beginning of the project is anticipated and
Mr. Sparks said it is indicated in the contract documents that the
Contractor must begin 10 days after a Notice to Proceed is issued. He said
once this project is approved by Council, the Contractor will be notified in
writing and will then commence to get his bonds in place, which takes a
couple of weeks. He said it is anticipated that this will begin the latter
part of June.
Mayor Abramowitz asked if the City has completed laying the pipes in that
area and Mr. Hargray said there are four crossings which have to be
completed and Public Works will be out by the end of next week.
VOTE: ALL VOTED AYE
L]
1
City Council Regular Meeting
5/25/94/KJ
Page 27
Ptarchasina
23. MOTION AD PT Temp. ResQ. #§715 approving the purchase of
one (1) Hustler commercial mower from Pifer Incorporated under
GSA Contract No. GS07F-3529A at a price of $11,104. with funding
from Account 001-407-539-643 entitled "Machinery and Equipment".
RESOLUTION R-94-93-PASSED
Mr. Kraft read Temp. Reso. #6715 by title.
C/M Schreiber MOVED to APPROVE Temp. Reso. #6715, SECONDED by
V/M Katz.
Sherry Bauer, Purchasing Officer, said this is the purchase of one Hustler
commercial mower which is a replacement for an 11 year old unit. She
said the City was fortunate to get the GSA pricing and is a routine
purchase.
VOTE: ALL VOTED AYE
REPORT
25. City Council
C/W Machek asked if the City will need to require an indication on future
agendas as to the items which are quasi-judicial in nature.
Mr. Kraft said this will be indicated on future agendas.
C/W Machek suggested that a brief explanation be printed in the Tam -A -
Gram as to how the quasi-judicial process works.
C/W Machek commended the Parks and Recreation Department on the 200
spaces for the Summer Camp Program which were filled in two and a half
hours and done in an orderly fashion.
Mayor Abramowitz said the Department had requested some donations for
those children who could not afford to attend the Summer Camp Program.
He said he has been successful in getting five scholarships to date. He said
the Challenger League provided $1,500 for the picnic. He said he may be
able to get more money for scholarships if necessary.
V/M Katz commended the Council for the foresight and initiative shown.
He said in the past, there has been a battle to get funding for specific
issues which were desperately needed by the City. He said the mentality
of the Council has changed for the better. He said some of the items which
were approved for funding at this meeting have been in the works for
three years.
C/M Schreiber said the reason for this success is due to the fact that the
issues which are vital to the City are finally coming forth and being
addressed by Council.
C/M Mishkin agreed with C/M Schreiber in that the City is moving forward.
City Council Regular Meeting
5/25/94/KJ
Page 28
He expressed his appreciation to the City Manager and Staff for providing
the Council with excellent monthly progress reports.
C/M Mishkin reemphasized the fact that the City should redefine the
Council members as "Commissioners".
TAPE 5
C/M Mishkin said he is honored to be a part of this Council.
Mayor Abramowitz applauded the Council and audience for their
participation in the quasi-judicial procedure. He also commended the City
Attorney for all of his preparation in this matter.
Mayor Abramowitz said the Council is moving forward on the work which
is necessary for the City. He said he has instituted holding a Council
workshop every Monday to handle the issues at hand. He said Council
adjourns for vacation in July and there are many items which need to be
completed.
26. Cry Attorney_
Mr. Kraft expressed his appreciation to Mayor Abramowitz for his kind
words.
27. City Manam - No report.
With no further business, Mayor Abramowitz ADJOURNED this rr
11.55 p.m.
CAROL A. EVANS, CMC
CITY CLERK
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CITY OF TAMARAC
APPROVED AT MEETING 0
City Clerk
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