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HomeMy WebLinkAbout1981-02-26 - City Commission Reconvened Regular Meeting MinutesCITY OF TAMARAC, FLORIDA RECONVENED CITY COUNCIL MEETING FEBRUARY 26, 1981 (from February 25, 1981) CALL TO ORDER: Mayor Falck called the reconvened meeting to order on Thursday, February 26, 1981 at 9:00 A.M. in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck V/M Helen Massaro C/M Marjorie Kelch C/M Irving M. Disraelly C/M Irving Zemel (9:55 A.M.) ALSO PRESENT: Acting City Mgr., Laura Z. Stuurmans City Planner, Evan Cross City Attorney, Arthur Birken COMMUNITY Asst. City Clerk, Carol Evans DEVELOPMENT Clerk/Steno., Pat Eisen 20. Polish American Club - Discussion and possible action. a) Site Plan b) Plat - Temp. Reso. #1844 c) Landscape Plan (located east of Inter -City Blvd.) Auto on the south side of Commercial SYNOPSIS OF ACTION:a) Site Plan - Approved with changes. b) Plat - Temp.Reso #1844 - Approved with change to read "City Planning Commission instead of Zoning Board. RESOLUTION NO.R- g/ PASSED c) Landscape Plan - Approved with condition that 4 trees added in islands. a� SityP1aD ivi kuc representing the Polish American Club which was organized in 1956 indicated they are looking forward to making this Club a welcome addition to the City of Tamarac and stated that the club is not restricted to Polish members only, but is a cultural organization. Mr. Rekuc indicated that the first. submission had three cuts, which was reduced to two cuts,which meetsthe City requirements for egress and ingress into the property; this also meets the County requirements. C/M Disraelly stated that when an entry is made at the Western cut and a left turn is made, traffic will be crossing and asked if it were possible to move the building over 10', have the entrance on the right and come out on the left? Mr. Rekuc said that based on a recommendation from the City, they reduced the width of the building by 10' to provide 24' on the west end side of the building, but the City has taken objection to using 24' for two-way traffic; it would be better to have two-way traffic in both directions for safety, fire hazard, etc. C/M Disraelly suggested that since there is 34' on the east and 24' on the west, can't it be reversed so there would be no criss-crossing within 20' of the entrance, as it would not change the building. Mr. Rekuc stated that the plans are complete and well thought through and it can be resolved by having two-way traffic; there is another exit at the other end of the property and he suggested that it be left as it is. C/M Disraelly expressed his concern about a collision at that particular point and felt it would be better to reverse the traffic flow. V/M Massaro asked why they couldn't have two-way traffic --if it is changed, a problem is being created; these plans should not be changed. She said when Staff wants to recommend something, if it is contrary to our laws, Staff can recommend it, but they should not make developers change plans. -1- February 26, 1981 /pe Evan Cross, City Planner indicated that both the City Engineer, the Fire Chief, and himself felt that one-way traffic was just as good as two-way traffic. Due to the large amount of parking in the rear of this facility they felt this would create one-way traffic around the building in connection with an enlarged primary source of ingress and egress and would allow three lanes, one lane in and two lanes out and with the eastern exit closed. Mr. Cross further said that the County had indicated that they are limiting curb cuts on major arterials. He said he spoke to a Mr. Platt of the Platting Division in the Engineering Department and Mr. Platt said they could have two curb cuts, but he wasn't aware that there was 200' frontage. Mr. Cross mentioned that this club will be used primarily in the evening and will be used at the same time, making one-way traffic safer with better traffic circulation. He proceeded to explain the flow of traffic. The Planning Commission agreed, and they would only recommend approval with one --way traffic. It was recommended that traffic should go counter -clockwise. C/W Kelch asked if a Yield sign could be installed for exiting traffic? Mr. Cross stated that from a safety standpoint and traffic standpoint, one-way traffic would be safer. He said that when he talked to Mr. Platt, it was indicated that there would be a question from the County on the second curb cut; Staff had suggested a left turn lane on Cornr!ercial Blvd. into the project, but the Polish American Club decided that they didn't want to do this, and indicated on the plan that instead, there is a sign saying, "No Turns." Mr. Cross also said that when this gets to the County, they are going to require a left turn lane. Mr. Rekuc indicated that a left turn lane is not allowed as related to him by the County engineer, as just west of that, there is another left turn lane. He showed Mr. Cross on the plan that a change cannot be made because of a pole and a water connection. V/M Massaro stated that she doesn't see a problem if two-way traffic is allowed. C/M Disraelly said that the parking on the east side of the building and the parking on the south side of the building cannot be used if traffic is allowed to turn right. V/M Massaro asked Mr. Rekuc if the County objected to two entrances and Mr. Rekuc said, "Not at all." She asked Mr. Cross to display the original plan. C/M Disraelly showed a diagram on the blackboard as to how a problem would be created. Mr. Rekuc indicated on the original plan that it was designed properly and V/M Massaro pointed out on the plan a way to change the traffic flow. Mr. Larry Keating, City Engineer said that by moving the building 10', it would give them better traffic flow; angle parking having been eliminated, changed the front of the building --they have plenty of room to the South. V/M Massaro asked why this was not discussed before with Mr. Rekuc and Mr. Keating indicated that several recommendations were made to improve the plan, but these changes are not required by the code. Mr. Cross mentioned that the Planning Commission wanted the plan changed to one-way traffic. V/M Massaro stated that the Polish American Club wants and have asked for two-way traffic on the west side of this building and asked if there is any way they can have it? Mr. Cross said, "Legally, yes, but it is not a safe traffic circulation pattern." V/M Massaro indicated on the plan where three spaces would have to be reversed. -2- February 26, 1981 /pe Mr. Cross said if they would change the angle of certain spaces, it would be alright, but originally they did not want to change those spaces. Mr. Keating said that the traffic entering the project would probably execute a left turn and go into those spaces. C/M Zemel entered Council Chambers at 9:55 A.M. Tape-) C/M Disraelly stated if this falls within all. the parameters of the No.2 ) City and County regulations, he will vote Aye, but thinks there will be accidents. V/M Massaro asked Mr-Rekuc if he was asking for two-way traffic and he indicated on the plan that he would like two-way traffic and to remove the left turn sign. The two-way traffic would be to the west side of the building, the three parking spaces would be reversed at the Northwest corner. C/M Disraelly asked Mr. Birken if Council disagrees with the site plan and the traffic pattern, but there is nothing in the City or the County that says this can't be done, are we absolved of any liability? Mr. Birken stated that since Council is approving this, he strongly suggested that the City require them to engage a traffic engineer to absolve the City from any liability, since concern was expressed by Council. C/W Kelch suggested that a yield sign be put on the North, and Mr. Rekuc agreed. Mr. Cross indicated that the right turn only sign should be removed and V/M Massaro asked Mr, Rekuc to initial every one of the changes. Mr. Birken reiterated that Council may want to insist that a traffic engineer provide some sort of written communication to go in the master file stating that he has reviewed the layout and that the layout is designed in accordance with approved standards and design of the pro- fession. Mr. Keating stated that there are conflicting movements of traffic, but nothing that would result in a hazard to life or limb. Mayor Falck indicated that if it is a hazard, the degree of hazard should not be overlooked. V/M Massaro asked if there would be any objection if it were approved subject to the letter from the traffic engineer, as they would still have time and would be able to move forward. Mr. Birken said a traffic engineer can make a decision quickly and he suggested that this be tied in with the signing of the Plat by the City Officials and have this in the file. Mr. Rekuc asked if the Broward County Engineer can send this letter? Mr. Birken and the Mayor .indicated that they would have no objection to the. Broward County Traffic Engineer writing this letter. C/M Disraelly said this letter should specify that the internal traffic circulation upon entering of Commercial Blvd. is satisfactory, not only the interior. V/M Massaro MOVED the approval of the site plan subject to a requirement that the applicant have the traffic circulation pattern certified by a traffic engineer by letter to the City certifying that it is a safe and reasonable circulation pattern with special consideration given to the entrance and exit on Commercial Blvd., this letter is to be submitted and acceptable to the City Attorney before the Mayon signs the plat; the lighting to comply with the present standards and development review requirements seem to have been met. C/W Kelch SECONDED the motion. -3- February 26, 1981. /pe V/M Massaro mentioned that they are paying for two acres and she had heard comments that this was a four acre plot; Mr. Rekuc indicated that actually the plot is 1.8 acres. VOTE: ALL VOTED AYE. b) Plat - Temp. Reso. #1844 C/W Kelch read Temp. Reso. #1844 by title. C/M Disraelly said to strike "and zoning" and change to read "City Planning Commission" instead of "and Zoning Board." Also that the verbiage withinthe paragraph below be changed in the plat. V/M Massaro indicated that she was concerned about the land in back of the Polish American Club and wanted to know where it would drain? Mr. Keating stated that it is a DOT drainage easement. V/M Massaro asked if a Sprinkler System would be installed as recommended by the Planning Commission and Mr. Rekuc indicated that there would not be a Sprinkler System, but smoke detectors will be installed. C/M Disraelly MOVED approval of the resolution approving the Plat for the Polish American Club with the change in the title of "City Planning Commission" and the same verbiage in the description below rather than "Zoning Board." C/M Zemel SECONDED the motion. Mayor Falck left the meeting at this time.- 10:00 A.M. VOTE: C/M Zemel - Aye C/M Disraelly - Aye C/W Kelch - Aye V/M Massaro - Aye c) Landscape Plan C/M Disraelly indicated that the Beautification Committee did request 4 trees in the parking islands in the rear, which our present ordinance now requires, and this was marked on the Landscape Plan. C/M Disraelly MOVED that with the addition of these 4 trees, the Beautification Plan is accepted. C/M Zemel SECONDED the motion. VOTE: C/M Zemel - Aye C/M Disraelly - Aye C/W Kelch - Aye V/M Massaro - Aye 21. Woodmont - Tract 47 - Revised Site Plan - Discussion and possible action to approve a revised site plan for an entrance wall. SYNOPSIS OF ACTION: Tabled. C/M Disraelly asked if there would be a wall on the East side? Mr. Gene Lozano representing Woodmont indicated that there would be a sign for Lakewood and Woodmont; and further clarified that the red line was a timber guardrail. He explained that Sheet No. 3 is the governing sheet as to boulders and trees; the boulders are outside of the right-of-way and a covenant will be entered into with Montwood over the landscap.ing,sign, etc. C/M Disraelly asked if the cart path will interfere with the wall and Mr. L O z ah oindicated that it should not interfere with the wall. C/M Disraelly mentioned that on Sheet No. 3, signs saying "Golf Cart Crossing" should be put in on the south side of the northbound and on the north side of the southbound and asked Mr. Lozano; to mark this. Mayor Falck returned to Council Chambers at 10:30 A.M. Council discussed the utility easement starting at Lot 78 and the problem of the boulders and guardrail being on the easement. February 26, 1981 /pe V/M Massaro asked if that type of guardrail meets the Department of Transportation standards? Mr. Lozano said, "No" and he wanted to address this item. He said this is Item No. 4 and that Florida Department of Transportation doesn't have standards for timber rail; they would like to offer aluminum .rails with timber facade on front which they felt would be safe. Ms. Laura Stuurmans asked if the owner of Tract 47 is the owner of the golf course? She asked who would have maintenance responsibility? pe #3) Mr. Lozano indicated that it is all on Montwood's property and the Mayor stated that it should 13e on the site plan before them. Mr. Birken stated that there should be a separate site plan; the wall, pond and guardrail should be on the golfcourse site plan. Mr. Birken also stated that perhaps Council, needs to take action on two site plans. Mr. Lozano stated that the maintenance responsibility is a covenant that Montwood will be entering into on Tract 47, Tracts47 and 70 are owned by Montwood, but are being negotiated, and Montwood will be paying for any changes. C/M Disraelly said if we approve this site plan, all that would be approved would be a change to the entryway permitting the median in it and and the concrete across the pavement for the golf course. Mr. Keating explained the site plan and Council discussed the canal right-of-way. V/M Massaro stated that Council can only approve the entrance. Mr. Victor DeSousa indicated that Council is looking at a composite of two site plans and two plats. Mr. Birken said the site plan covers specific parcels and this can't be done under the ordinance. V/M Massaro stated that the changes have to be reflected on two different site plans, and Mr. DeSousa replied that they feel it would be more con- fusing with separate site plans. Mr. Birken said the only application pending is for Woodmont Tract 47; he can't follow where easements or any other type of interests in the land are from looking at this --we can't take action when we don't know what is where. V/M Massaro said she couldn't read the plans and felt it should be done right and then brought back. Mr. Birken said as far as Council, is concerned and developers are con- cerned, a policy might be established as to DOT covenants and "hold harmless", or anything else so that it will be easy to understand. Mr. Lozano indicated he had contacted Mr. Birken's office to get copies of the covenants, but as yet they have not been received and Mr. Birken said he will see that he receives them. V/M Massaro asked if it would be acceptable to use a conventional guard- rail and face it, so that it wouldn't look commercial and Mr. Keating replied that as long as it is a proper surface, it would be acceptable. Mr. Lozano indicated that it will be a treated timber. C/M Disraelly MOVED that the action on Woodmont Tract 47 be tabled until we have all of the proper documents, easements, covenants, site plans as have been discussed at today's meeting and when the City Attorney is satisfied that we have the proper instruments in cooperation with the City Engineer and City Planner that it then be placed back on the Agenda. C/M Zemel SECONDED the motion. VOTE: ALL VOTED AYE. 22. Woodmont - Tract 70 - Revised Site Plan - Discussion and possible action to approve a revised site plan for an entrance wall. SYNOPSIS OF ACTION: Tabled. Mr. Lozano indicated it would be best to table this item, since they don't have the covenants. Ms. Stuurmans said Council would need an indication aA to who will be responsible for the two platted residential lots as well. V/M Massaro asked how big the entranceway is that the fountain is in and if it will be a double road? Mr. Lozano indicated it will be 24' wide pavement with 6" concrete curb and gutter along the radii of the entranceways as a barrier between the edge of pavement and the fountains --the fountains are low, about 18" high. There was discussion by Council on the fountains being in the right--of- way and V/M Massaro indicated a "hold harmless" agreement will be needed. V/M Massaro MOVED that this item be tabled until all the necessary documents are brought to the City Attorney and have his approval before it is agendized again. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE, 28. Home Construction Insurance - Temp. Ord. #859 - Discussion and possible action to amend Code Section 7 to exempt owner -builders of his residence from having to provide construction defect insurance. SYNOPSIS OF ACTION: Tabled. (See 2/25/81 Minutes, Page s 16 & 17) V/M Massaro MOVED that this item be reconsidered today. C/W Kelch SECONDED the motion. VOTE: ALL VOTED AYE. V/M Massaro indicated that the only question before them is the time period that a homeowner would have to live in that house. There was a discussion by Council to' -fable this;item. C/M Disraelly MOVED to table th.e Home Construction Insurance ordinance #859 and V/M Massaro SECONDED the motion. VOTE: ALL VOTED AYE. 23. Woodmont - Tracts 74 and 75 - Revised Site Plan - Discussion and Possible action to approve a revised site plan for an enlarged recreation building and additional parking. SYNOPSIS OF ACTION: Approved subject to conditions. e V/M Massaro MOVED approval of this revised site plan subject to the appropriate lighting as required in our most recent ordinance for parking and the pool area, and that formal petition for re -zoning be submitted before any permit is given for construction. There was a discussion by council as to how this should be zoned. -6-- February 26, 1981 /pe C/W Kelch SECONDED the motion. V/M Massaro indicated that if S-1 zoning is not enforced, then the next developer might not use the kind of set -backs the City is looking for. Mr. Birken stated that if they have a problem with changing the zoning, they will come back and tell the City. VOTE: ALL VOTED AYE. COMMUNITY DEVELOPMENT 16. Northwood II - Revised SAte Plan - Discussion and possible action to approve a revised site plan for an enlarged recreation building and additional parking. SYNOPSIS OF ACTION: Denied. (See Minutes 2/25/81 Page s11&12) Mr. Cross indicated that the site plan is only for an additional two parking spaces to meet the size of the club house. In the original site plan,the outline of this building was different and parking at the time Cape was one space for 250 sq.ft. He could have built up to a 1400 sq. ft. #4) building to provide 7 parking spaces plus one handicapped space, for a total of 8. When he came in with the permit to build that center, it was noticed that they had an 1800 sq. ft. building and he talked to Mr. Bryan and indicated to him that he was deficient in parking spaces, and he would require an additional two spaces; hence the revised site plan. The requirement for 1800 sq. ft. is one space for 150 square feet today. V/M Massaro discussed the fact that anybody buying property near the clubhouse didn't expect to be that close to it. Mr. Cross indicated that be didn't review this as an S-1 parcel, and V/M Massaro said Council will be looking at this as an S-1 parcel. C/M Disraelly suggested that they move the clubhouse 5' over and V/M Massaro agreed. V/M Massaro mentioned that she went out to the site and noticed the differences in the elevations of the catch basins that are there at the north end and wondered if there would be a problem with the 4 houses on Southgate Blvd. with regard to water. Mr. Keating replied that they have been instructed to lower the higher structure. V/M Massaro said drainage should be extended to accommodate this problem and she was advised that the people are constantly in water anytime there is rain. Mr. Keating said they could use a concrete strip down the property line through the one catch basin; they are aware of it and it will be graded properly and Mr. Keating said that administratively he can handle the problem of water affecting those four houses. C/M Disraelly asked which part of the ordinance applies to parking with a new site plan? Now, he would need, instead of 10 parking spaces, 13 spaces under the new ordinance. V/M Massaro indicated that since he is changing the size of his building, he needs to come in for a waiver and stated that she would not have any qualms about granting him a waiver in this particular case. Mayor Falck called the question on the motion that was made yesterday; namely: MOVED approval of revised site plan for recreation area and additional parking, which is expanded in.the same area .from 8 to 10 spaces to satisfied size. There should be clarification that proper lights be provided in the parking area, if required by regulations; Developer Review Requirements have been met. Lights be sodium vapor, which Florida Power & Light has advised is an energy saving type of light and gives improved lighting. (Recommendation of Planning Commission), and C/W Kelch SECONDED the motion. VOTE: ALL VOTED NAY. C/M Disraelly MOVED that the revised site plan for Northwood li be denied because the amount of the parking is insufficient for the size of the building being built. C/M Zemel SECONDED the motion. VOTE: ALL VOTED AYE. REPORTS 31. Arthur Birken indicated he had a conversation with Mr. W. Thies who is in charge of landscaping for Broward County regarding the Australian Pines on A Commercial Blvd. The County originally planted trees on the north side and south side of the street; the pines on the north side of the street died --there are still some pines on the south side. The County is discussing with Mr. Dick Stackhouse replacing the Australian Pines with some other kind of vegetation, especially on the north side. Mr. Birken indicated to Mr. Thies that he thought the City Council would be opposed to having any sort of public money spent for vegetation along the golf course unless the Australian Pines are removed and Mr. Thies asked for a letter to that effect. Mr. Birken recommended the City write to the County and indicate that the City will not spend any money until the Australian Pines are removed. C/M Disraelly .stat-ed -t-hat the pines' -were -put there to prevent golf balls from going on the'road on the north side; however that road was elevated anywhere from 3' to 15' and he doesn't think that golf balls are .iX question at this time. C/M Disraelly indicated that he didn't think there was any reason for vegetation on the north side, because the vegetation would not be seen due to the elevation of the road; the beautification at that point would be purely golf course beautification. V/M Massaro indicated that the elevation was started before the trees were put in. We should act according to what we can defend in court. Mr. Birken said all he is suggesting is to tell the County not to spend any more public money; the County is going to make its own decision --we are just putting our feelings on the record. V/M Massaro stated that our feelings should be what is defensible because if he can't do what he wants, he is going to sue. In the letter, we should say to him that h e can't put in anything except what our ordinance provides and what is allowable under our Beautification Ordinance; then we are giving him the right to put something in. People could get hit with golf balls from the south side. C/W Kelch said they are obviously going to put something else in besides the Australian Pines, but can we suggest that they remove the existing pines? Mr. Birken said that Mr. Stackhouse is telling the County that he doesn't want to remove the straggly pines to the left, but he is still putting in vegetation, and, he is suggesting that before any more public funds are spent, the violation should be cleaned up that he created. V/M Massaro indicated that she wouldn't want to refer to that, but indicate,,: to him that whatever he puts in should conform to the City's requirements. C/M Zemel said we should alert them to the fact that they did violate our landscaping requirements and ordinance and that the City doesn't allow certain types of trees in this City. -8- February 26, 1981 /pe C/M Disraelly said the areais bedraggled and suggested that they could put Oleanders in which was done in Woodlands and looks beautiful. Mr. Birken suggested that we ask them to consult us before they make any commitments and the Council agreed. MAYOR FALCK ADJOURNED THE MEETING AT 11:45 A.M. a ATTEST: ASSISTANT CITY CLERK This public document was promulgated at a cost of Q.1 , or $ per copy to inform the general public and public officers and employees about recent opinions and considerations by the City Council of the City of Tamarac. APPROVED BY CITY COUNCIL ON a2 / F/ -9M- February 26, 1981 /pe