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HomeMy WebLinkAbout1981-07-27 - City Commission Reconvened Regular Meeting Minutes5811 NORTHWEST 88TH AVENUE 6 TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 July 23, 1981 NOTICE OF RECONVENED REGULAR MEETINGS CITY COUNCIL *TAMARAC, FLORIDA There will be a reconvened REGULAR MEETING of the CITY COUNCIL at 8:30 A.M., FRIDAY JULY 24, 1981 and at 900 A.M., MONDAY, JULY 27, 1981 in the Council Chambers of City Hall. - aThe following two items were agendized by majority consent at the Council Meeting of July 22, 1981, and may be discussed at either the reconvened Meeting of July 24th, or July 27th. 83. Montwood, Inc. - Review of site plan and discussion and possible action on request to waive fees and bonds for sidewalk. 84. Recreation Board - Appointment of additional members by Temp. _Reso. #2015. - The following items listed on the July 22, 1981 Agenda were not considered by Council on that date, and will also be heard on July 24th or July 27, 1981. 36. Enforcement of Zoning Regulations - Temp. Ord. *886_ - Discussion and possible action to designate the official authorized to enforce the zoning regulations within Chapter 28 of the City Code. Second Reading. (tabled from 7/8/81) 39. Site Plan and Development Review Regulations - Teem ,. Ord.#878 Discussion and possible action to amend Article II of Chapter 7 of the code to provide procedures for the development of and improvements to real property in the City. First Reading. 45. Concord Village II - Discussion and possible action on: a) Request for extension of final site plan. b) Parks and Recreation Agreement. c) Other outstanding items pertaining to this project, includ- ing Water and Sewer Developers Agreement. 46. H.L.R., Inc. - Rezoning Petition #47-Z-80 - Discussion and pos- sible action to rezone lands located south of McNab Road at N.W. 70th Avenue from R-lB to R-3, by Temp, Ord. #834. First Reading. 47. H.L.R., Inc. - Rezoning Petition #48-Z-80 - Discussion and pos- sible action to rezone lands lgcated south of McNab Road at N.W. 70th Avenue from R-1B to R-4A, by Temp Ord. #_835. First Reading. 48. Springlake II - Revised Site Plan -- Discussion and possible action on a�revised site plan for the Recreation Area. 49. Easement Vacation - Woodlands Section 5 - Temp._ Reso. #1910 - Discussion and possible action to vacate a portion of a utility easement on Lot 11, Block 25. (tabled from 6/10/81) 50. Woodlands Country Club - Revised Site Plan - Discussion and possible action on -a revised site plan for the tennis Pro -Shop replacement. 52. F & R Builders - Discussion and possible action on a request to vacate two (2) road rights -of -way pertaining to Stipulation #9: a) Vacation of 60-foot road right-of-way on N.W. 106th Avenue - Temp. Reso. #1983. b) Vacation of 60-foot road right-of-way on N.W. 103rd Avenue - Temp Reso. #1984. 53. F & R Builders - Discussion and possible action on: a) Approval of Stipulation #10 - Temp. Reso. #1985. b) Approval of Agreement relating to canal rights -of -way on Tracts 12, 13 and 13A - Temp. Reso. #1986. c) Acceptance of Temporary Canal Access Easement on Tract 12 - Temp. Reso. #1987. d) Acceptance of Temporary Canal Access Easement on Tract 13 - Temp. Reso. #1988. e) Acceptance of Temporary Canal Access Easement on Tract 13A - Temp. Reso. #1989. f) Acceptance of Easement for Canal Maintenance on Tract 12 - Temp. Reso._#_1.990. g) Acceptance of Easement for Canal Maintenance on Tract 13 - Temp. Reso. #1991. h) Acceptance of Easement for Canal Maintenance on Tract 13A - Temp. Reso. #1992. AGENDIZED BY MAJORITY CONSENT - i) Acceptance of Quit Claim Deed for Canal in Tract:12 - Temp. Reso. #2016. i J) Acceptance of Quit Claim Deed for Canal in Tract 13 - Temp. Reso. #2017. -k) Acceptance of Quit Claim Deed for Canal in Tract 13A - Temp. Reso. #2018. 54. F & R Builders (Kings Point) - Model Sales Facility - Discussion and possible action on a request to use the model sales facility at Tamarac Gardens. 55. Northwood II - Model Sales Facility - Discussion and possible action to permit a model sales facility. 56. Colony West Country Club - Discussion and possible action on: a) Site Plan b) Landscape Plan c) Water and Sewer Developers Agreement d) Acceptance of a golf cart basement - Temp. Reso. #1979. e) Acceptance of a Water and Sewage Line Easement - Tem . Reso. #1980. f) Acceptance of a Drainage Easement - Temp. Reso. #1981. g) Acceptance of Easement for Flowage Rights - Temp. Reso. #1982. 57. United Federal Savings & Loan - Temporary Access Road - Discus- sion and possible action on:� a) Revised Site Plan b) Request for waiverto the platting requirements pursuant to Section 20-4 of the Code by Tem2_ Reso. #1993. c) Landscape Plan 61. Sunmark Industries (Sunny Sunoco Service Station) - Temp. Reso. #1995 - Discussion and possible action on a request for waiver of platting requirements pursuant to Section 20-4 of the Code. 76. Tamarac Gardens - Performance Bond - Temp. Reso. #1978 w- Discus- sion and possible action to call four Letters of Credit posted for public improvements. 77. Versailles Gardens (formerly Colony Club) - Revised Site Plan - Discussion and possible action on a revised site plan for two spas, three additional shuffleboard courts with trellis covers. handball court, sidewalks and two gatehouses. 78. Fairways of Tamarac - Buildings C & DO- Revised Site Plan - Discusson-and possible action on.a revised site plan for a sidewalk to N.W. 84th Terrace and revised parking layout. REPORTS 79. City Council 80. City Manager 81. City Attorney Council may consider such other business as may come before it. CAE/SS Pursuant to Chapter 80-105 of Florida Law, Senate Bill No. 3h8, if a person decides to appeal any decision made by the Ci y Council with respect to any matter considered at such meeting or hearing, he will need a record the proceedings and for such Purpose, he may need to ensure that a verbatim record includ°F the testimony ehd evidence upon w4ich the appeal is to be based Carol A. Evans Assistant City Clerk CITY OF TAMARAC, FLORIDA REGULAR CITY COUNCIL MEETING JULY 27, 1981 (Reconvened from 7/22 & 7/24/81) CALL TO ORDER: Playor Falck called the reconvened meeting to order on Monday, July 27, 1981, at 9:00 A.M., in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Irving M. Disraelly Councilwoman Helen Massaro Councilman Irving Zemel Councilman Philip B. Kravitz ALSO PRESENT: City Manager, Laura Z. Stuurmans City Attorney, Arthur M. Birken Assistant City Clerk, Carol A. Evans Secretary, Mimi Reiter Mayor Falck recognized the passing of Anne Kolb, a member of the Broward County Commission. BOARDS AND COMMITTEES 8.a) Recreation Board - Appointment of additional members by Temp. Reso. #2015. SYNOPSIS OF ACTIO14 : Resolution Approved RESOLUTION NO. R-/--/ % PASSED. naming William D. Payne and Mollie Goldstein, terms to expire 5/11/82. C/M Kravitz nominated William Payne and Mollie Goldstein. C/W Massaro nominated Peter Jendza, who she felt was well qualified, but then withdrew his name, because it was indicated that an applica- tion was not submitted. The City Attorney read Temp. Reso. #2015, and C/P1 Zemel suggested the nominations be closed. C/M Kravitz MOVED to approve Temp. Reso. #2015, naming William D.Payne and Mollie Goldstein to serve on the Recreation Board; terms to expire on May 11, 1982. V/M Disraelly SECONDED the motion. VOTE: LEGAL AFFAIRS ALL VOTED AYE. 36. Enforcement of Zoning Regulations - Temp. Ord. IM6 - Discussion and possible action to designate the official authorized to enforce the zoning regulations within Chapter 28 of the City Code. Second Reading. (tabled from 7/8/81) - AND - 39. Site Plan and Development Review Regulations-- Tem. Ord. #878 - Dis- cussion and possible action to amend Article II of Chapter 7 of the Code to provide procedures for the development of and improvements to real property in the City. First Reading. SYNOPSIS OF ACTION: Items #36 and #39 were tabled to the recessed meeting of Friday, July 31st, 1981. The City Attorney indicated that the Public Hearing was held for Item 036, and the ordinance was previously read by title. He said that a memorandum was submitted to Council indicating a review of the South Florida Building Code with the Chief Building Official. It was his opinion as the City Attorney, that there is no legal impedi- ment to making this change. He also stated that the Chief Building Official has not been enforcing or doing zoning checks, other than setbacks or inspections. Per. Birken said this has been handled by the office of the City Planner, and was or is intended to be a house- keeping ordinance. Additionally, he said, the Building Inspector was not the proper party. -1- 7/27/81 Recon.7/24/81 mr/ A C/W Massaro said she spent lots of time in reviewing Temp. Ord. #878, resulting in four pages of questions. She requested that the City Manager have the City Engineer come in this morning, in order to obtain answers to her questions. C/W Massaro said that Mr. Keating showed her his draft, which contained many questions, and advised her that he did not write the ordinance. She felt that the ordinance should have been written by the professionals within the City; to be reviewed by the City Attorney thereafter. She felt that action could not be taken on first reading, as long as the City Engineer has many questions which need to be resolved. She would like to confer with the Consulting City Planner and the City Engineer, and have them review their questions on the ordinance, in order for recommendations to be prepared to the City Council. For expediency, she felt the meeting could be recessed for that particular item, in order to not delay the ordinance. C/W Massaro said that both Temp. Ord. 4886 and Temp. Ord. #878 are being intertwined, and suggested that these items be postponed to a recessed meeting. She felt the authority should be put in the proper place. C/W Massaro MOVED to table Items #36 and #39 to the recessed meeting of July 31st, 1981, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. Mr. Birken indicated that he has been the City Attorney for three years, and a number of things have happened that have distressed him, which includes these items. Tie further stated that the City Engineer, former City Planner,and the City Manager and he spent three days reviewing the ordinance word -far -word and line -for -line. For the City Engineer to state that he has not reviewed it, he said, was extremely distressing. Additionally, he said, the City Engineer provided an extreme amount of input into the ordinance, as drafted. It was noted that the City Engineer did advise of additional changes to be made, to which Mr. Birken did respond to Mr. Keating that it would be six weeks between first and second reading, for such review, as well as the input of the new City Planner. Tie reminded Council of at least four drafts that were distributed, since the ordinance was originally proposed. He realized that Council did vote on these items, but felt that statements made by the City Engineer, as to his not re- viewing the ordinance, is inaccurate. An ordinance of this magnitude being submitted to Council, without the review and study by the City Engineer, should be corrected on the record, because it was a serious statement. C/W Massaro said that Temp. Ord. #878 is completely disorganized, and should be reassembled in the proper order. Mr. Treating was in attendance at this time, and the City Attorney re- iterated the statement made by C/W Massaro, as to the ordinance having been written without input from the City Engineer. Mr. Keating said there were two staff meetings for review of the ordi- nance, and indicated that his discussion with C/W Massaro was that he went through the ordinance, but did not submit his comments,in writing. His concern was with the manner of assemblance and involved confusing items. In response to Mr. Birken's question, the City Engineer stated that after several meetings of review by Staff,that it was not considered to be a complete review. Mayor Falck advised that these items would be considered prior to the recessed meeting of Friday, July 31st, 1981, at 10:00 A.M., when action could be considered for first reading, on Item #39; also, action could be taken on Item #36, on second reading. C/W Massaro requested a meeting with the City Engineer, in order to prepare the items for Friday, July 31st. . --2- 7/27/81 Recon. 7/24/81 mr/ COMMUNITY DEVELOPMENT 52. F & R Builders - Discussion and possible action on a request to vacate two (2) road rights -of -way pertaining to Stipulation #9: a) Vacation of 60--foot road right-of-way on N.W. 106th Avenue - Temp. Reso. #1983. b) Vacation of 60--foot road right-of-way on N.W. 103rd Avenue -- Temp. Reso. #1984. SYNOPSIS OF ACTIO14: a) and b)-Approved RESOLUTION NO. R- q-O PASSED. RESOLUTIO14 NO.R- Z/—, / PASSED. a) The City Attorney read Temp. Reso. #1983, and C/W Massaro MOVED for its approval, with a SECOND by V/M Disraelly. VOTE: ALL VOTED AYE. b) The City Attorney read Temp. Reso. #1984, and C/M Zemel MOVED for its approval, with a SECOND by C/M Kxavitz. VOTE: ALL VOTED AYE. 53. F & R Builders -- Discussion and possible action on: a) Approval of Stipulation #10 - Temp. Reso. #1985. b) Approval of Agreement relating to canal rights--of-way on Tracts 12, 13 and 13A - Tem Reso. #1986. c) Acceptance of Temporary Canal Access Easement on Tract 12 -- Temp. Reso. #1987. d) Acceptance of Temporary Canal Access Easement on Tract 13 - Teem Reso. #1988. e) Acceptance of Temporary Canal Access Easement on Tract 13A - Temp. Reso. #1989. f) Acceptance of Easement for Canal Maintenance on Tract 12 - Temp. Reso. #1990. g) Acceptance of Easement for Canal Maintenance on Tract 13 - Temp. Reso. #1991. h) Acceptance of Easement for Canal Maintenance on Tract 13A -- Temp. Reso. #1992. i) Acceptance of Quit Claim Deed for Canal in Tract 12 - Temp Reso. #2016. j) Acceptance of Quit Claim Deed for Canal in Tract 13 - Temp. Reso. #2017. k) Acceptance of Quit Claim Deed for Canal in Tract 13A - Temp. Reso. 42018. SYNOPSIS OF ACTION: a) thru h)-Approved; a) with i), j) and k), which were AGENDIZED b) BY CONSENT - Approved. C) d) e) f) g) h) i) J) k) RESOLUTION 110.R- j— /Z Z- PASSED, RESOLUTION 140. R- Zl -�Zf a � PASSED, RESOLUTION NO.R- S/ f$ PASSED, RESOLUTION 140. R- X/ `1 PASSED, RESOLUTION NO. R- PASSED, RESOLUTION 110. R- gy r / p PASSED. RESOLUTION 110. R- zz PASSED, RESOLUTION NO. R-/ �� Q� PASSED, RESOLUTION 110. R- Q/ - 4,90 PASSED, RESOLUTION NO. R- / -- /''/ PASSED. RESOLUTION NO. R- / 1,9,6Z PASSED, a) The City Attorney read Temp. Reso. #1985, and C/W Massaro MOVED for its approval, with a SECOND by V/M Disraelly. VOTE: ALL VOTED AYE. b) The City Attorney read Temp. Reso. #1986, and V/M Disraelly MOVED for its approval, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. c) The City Attorney read Temp. Reso.#1987, and C/W Massaro MOVED for its approval, with a SECOND by V/P4 Disraelly. VOTE: ALL VOTED AYE. --3- 7/27/81 Recon.7/24/81 mr/ d) The City Attorney read Temp. Reso. #1988, and V/M Disraelly MOVED for its approval, and C/W Massaro SECONDED. VOTE: ALL VOTED AYE. e) The City Attorney read Temp. Reso. #1989, and C/M Zemel MOVED for its approval, with a SECOND by V/M Disraelly. VOTE: ALL VOTED AYE. f) The City Attorney read Temp. Reso. #1990, and C/M Zemel MOVED for its approval, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. it g) The City Attorney read Temp. Reso. #1991, and C/M Zemel MOVED for its approval, and CIM Kravitz SECONDED. VOTE: ALL VOTED AYE. h) The City Attorney read Temp. Reso. #1992, and V/11 Disraelly MOVED for its approval, with a SECOND by C/M Zemel. VOTE: ALL VOTED AYE. i) The City Attorney read Temp. Reso. #2016, and V/11 Disraelly MOVED for its approval, with a SECO14D by C/11 Zemel. VOTE: ALL VOTED AYE. j) The City Attorney read Temp. Reso. #2017, and C.M Zemel MOVED for its approval, with a SECOND by C/M Kravitz. VOTE: ALL VOTED AYE. k) The City Attorney read Temp. Reso. #2018. C/W Massaro indicated that on Tracts 12, 13 and 13A, there will be 25 feet given, rather than 50 Feet, which would create more than a 50 foot canal, but did not object. She felt that Council should be aware of this. C/W Massaro MOVED to adopt Temp. Reso. 42018, and C/M Kravitz SECONDED. VOTE: ALL VOTED AYE. Mr. Birken indicated to Council that it has been two years, from the time that Leadership promised the canals, but has finally been ob- tained, and is the last outstanding item from the July 31, 1979 agreement. C/W Massaro inquired whether action was necessary for the City Engineer to start the bid package, for presentation to Council, as relates to the excavation of the canals. She said the survey and borings have to be done-sim_u.ltaneovsly..-C/W Massaro nnted- t-h:at ......_ $201000 has hot been paid on the traffic light, to which Mr. Birken advised that it has been arranged with the County. 54. F & R Builders(Kings Point) - Model Sales Facility - Discussion and _possib.l.e action on a request to use the model sales facility at Tamarac Gardens. SYNOPSIS OF ACTION: Approved for a period of six 6) months from this date, for office sales and parking. Martin Riefs said they were considering using the name of "Kings Point" for their project, with four units to be used as models, and four to be used for sales administration. Fie also stated that everything has been paved on the site, including the parking lots and the entire parcel "W'. Mr. Birken inquired whether units would be sold from this building, to which Mr. Riefs said this would be done sometime in the future. -4 7/27/81 Recon. 7/24/81 mr/ Jim Holland said they were requesting this because it is essential for the opening date of November 1st. In response to a question by the Vice Mayor, he stated there will be differences of interior finishes and plots, but will become Tamarac Gardens, to be used at the time that the second story is completed. At that time they will move to the sales facility. V/M Disraelly MOVED to approve the temporary sales office and parking spaces for six (6) months from this date, as described by the Ordinance. Mr. Holland responded to a question by C/W Massaro, by stating that as soon as they have developed plans for the site, the permanent models and recreational facility for the entire 5000 unit community, will be built on Tract 34. He felt the plans for Tract 34 should be presented to Council within 60 days, for site plan approval, with simultaneous approval of the plat. C/W Massaro SECONDED the motion. Mr. Rolland said there will be new model sales constructed on Tract 34 at that time, and the temporary office will be eliminated. V/M Disraelly confirmed the fact that four new buildings will be con- structed, to be used as models, for the next six months, until the models are built on Tract 36. These models, he said, will be extended to the second floor, which will be developed as the condominium for that location. Florence Bochenek said that her lawn was torn in the swale area, which has not been repaired to -date. Tape V/M Disraelly also confirmed the fact that beautification and land- ##2 scaping will be installed, as shown on the site plan. VOTE: ALL VOTED AYE. 83. Montwood, Inc. - Discussion and possible action for review of site plan and request to waive fees and bonds for the sidewalk. SYNOPSIS OF ACTION: Four (R) foot sidewalk approved, but permit fees not waived. C/W Massaro said that she toured the areas, and did not approve waiving of the fees. She felt it was important that the engineers monitor this carefully, due to water in the swales, with sidewalks to be built at the proper elevation. She further noted that when the sidewalks are installed, it would be required that the water will be held back, and discussions with the developers would be necessary as to the drainage basin. She then MOVED for approval of the installation of the sidewalks, from five (5) feet to four(4) feet, as the area of the swales is needed to carry off the water to the various catch basins. She further added that the fees not be waived. V/11 Disraelly SECONDED. The City Manager commented that the plans were more extensive than re- quired by the school board, and three locations will be completed prior to the beginning of the school year, pursuant to a request from the School Safety Committee. VOTE: ALL VOTED AYE. REPORTS 79. City Council C/M Zemel advised that drainage in Sections 23 and 24 has had desirable results. V/17 Disraelly indicated receipt of a phone call from Mitch Ceasar, wherein lie advised that Systems Engineering will be currently building in Melbourne, with a projected plant to be installed in Land Section 7. Ile also said the Vice Chairman of the Beautification Committee advised that meetings will be held during the month of August. It was also 7/27/81 -5- Recon. 7/24/81 mr/ noted they have had problems with personnel who are out -of --town, which involved difficulty in obtaining a quorum at their last meeting. The Vice Mayor said that C111 Kravitz suggested the appointment of additional members to this Committee, at the previous Council meeting, but he felt it should be tabled. But, at this time, he felt this should be reconsidered, because there will not be a quorum at their next meeting; in order to replace Dick Rubin, who has resigned. He further indicated that Morris Landman will be in -town next month, and an appli- cation was submitted. 84. Beautification Committee - Temp. Reso. #2019 - Appointing members to this Committee. SYNOPSIS OF ACTION: AGENDIZED BY CONSE14T Tabled to the recessed meeting of Friday, July 31, 1981. VIM Disraelly MOVED to AGENDIZE BY CONSENT the appointment of a replace- ment for the resigned member, and C/W Massaro SECONDED. VOTE: C/M Kravitz - Aye C/M Zemel - Nay, because he felt it was not an emergency. C/W Massaro -- Aye VIM Disraelly - Aye Mayor Falck - Aye VIM Disraelly MOVED that E. Ervin Gayle, be made a permanent member of the Committee; and Morris Landman be appointed as an alternate, to replace Mr. Gayle, with the term to expire April 9, 1982. The City Attorney read Temp. Reso. #2019, for the appointment of members to the Beautification Committee, for one year terms. C/W Massaro SECONDED the motion. C/M Kravitz indicated that he was in favor of the nominees, but said there was a list of other people that applied for these positions, who would like to serve. Mayor Falck felt that appointments would have to be re-evaluated, be- cause a recently appointed alternate left, and has not attended meetings; which would involve additional appointments. C/W Massaro inquired whether this item could be tabled to Friday, July 31st, in order to appoint an adequate number of members to this Committee. She WITHDREW HER SECOND to the MOTION. MOTION DIED DUE TO LACK OF A SECOND. C/W Massaro MOVED that Item #84 be TABLED to the recessed meeting of Friday, July 31, 1981, for appointments to the Beautification Committee, and C/M Zemel SECONDED. VOTE: ALL VOTED AYE. REPORTS 79. City Council C/M I:ravitz indicated that he received various communications relating to the canals, as to being dirty, with dead fish and algae. This was reported to C/M Zemel, the liaison member. Ile additionally stated that it has improved, but is not completely cleared. C/M Zemel said that some of the fish in the canals are dying, due to the limited oxygen in the canals, because of the lack of rain and aera- tion. Ile said that people from the Public Works were answering com- plaints in the areas where algae and hydrilla were forming. He indicated that a call was placed with Joyce Environmental, on the care of this, for Woodlands, Section 20. Mrs. Stuurmans said that her office has not been receiving complaints, and it was difficult for her to determine if Joyce Environmental has been scheduled, in order to control this, to which C/M Zemel responded that a list should have been given to the City Manager. -6- 7/27/81 Recon. 7/24/81 mr/