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HomeMy WebLinkAbout1994-05-25 - City Commission Regular Meeting MinutesCity Council Regular Meeting 5/25/94/KJ Page 1 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. City Council Regular Meeting 5/25/94/KJ Page 2 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. 1 1 1 City Council Regular Meeting 5/25/94/KJ Page 3 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 City Council Regular Meeting 5/25/94/KJ Page 4 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. L 1 City Council Regular Meeting 5/25/94/KJ Page 5 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. City Council Regular Meeting 5/25/94/KJ Page 6 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. City Council Regular Meeting 5/25/94/KJ Page 7 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. City Council Regular Meeting 5/25/94/KJ Page 8 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. 1 I� 1 City Council Regular Meeting 5/25/94/KJ Page 9 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. City Council Regular Meeting 5/25/94/KJ Page 10 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 City Council Regular Meeting 5/25/94/KJ Page 11 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 City Council Regular Meeting 5/25/94/KJ Page 12 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. City Council Regular Meeting 5/25/94/KJ 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 L' 1 I� City Council Regular Meeting 5/25/94/KJ Page 15 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 J _J City Council Regular Meeting 5/25/94/KJ Page 17 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 1 City Council Regular Meeting 5/25/94/KJ 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 0 J 1 City Council Regular Meeting 5/25/94/KJ Page 23 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 1 City Council Regular Meeting 5/25/94/KJ 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 ��- LAM �. CITY OF TAMARAC APPROVED AT MEETING 0 City Clerk F��