Loading...
HomeMy WebLinkAbout1983-12-06 - City Commission Reconvened Regular Meeting Minutes5811 NORTHWEST 88T'H AVENUE W TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5c?00 December 2, 1983 NOTICE OF RECONVENED CITY COUNCIL MEETING There will be a Reconvened City Council Meeting on Tuesday, December 6, 1983, at approximately 3:00 P.M., immediately following the Public Hearing on Charter Amendments scheduled for 1:30 P.M., in the Council Chambers at City Hall, 5811 NW 88 Avenue, Tamarac, Florida. The Items remaining from the Council Agenda of December 1, 1983, to be considered are as follows: 7. The Courtyard of Tamarac - Special Exception Petition_#18-Z-83 - Temp. Reso. #2927 - Discussion and possible action on a request for Special Exception to allow a restaurant in Bays 6 and 7 of Building C at Lakeside Plaza, 5435 and 5437 North State Road 7, Zoned B-1 (Neighborhood Business) (Public Hearing held 12/l/83). 8. The Courtyard of Tamarac - Special Exception Petition #19-Z-83 - Temp. Reso. #2928 - Discussion and possible action on a request for Special Exception to allow on -premises consumption of beer and wine in conjunction with a proposed restaurant in Bays 6 and 7 of Building C at Lakeside Plaza, 5435 and 5437 North State Road 7, Zoned B-1 (Neighborhood Business) (Public Hearing held 12/l/83), 13. -Building Permit Fees - Temp_. Reso. #2929 - Discussion and possible action to revise the Schedule of Building Department permit fees. 16. Spyglass - Revised Site Plan - Te_mp. Reso. #2930 - Discussion and possible action to approve a revised site plan for a room addition to Unit 19A located at 6541 NW 99 Avenue. 19. Exxon Service Station - Discussion and possible action on: a) -Site Plan - Temp. Reso. #2931 b) Landscape Plan c) Water and Sewer Developers Agreement d) Water Retention Agreement e) Utility easement for fire hydrant - Temp. Reso. #2932 f) Warranty deed for additional right-of-way on NW 88 Avenue - Temp. Reso. #2933 (to be located at the southwest corner of Southgate Boulevard and NW 88 Avenue) 21. -Lakeside Apartmen_tsj Lakeside Plaza - Temp. Ord. #1071 - Discussion and possible action on vacation of a road right-of-way on the west side of State Road 7, at the north City limit line, adjacent to these projects. Second Reading. (Public Hearing held 11/9/83). 22. Lakeside at Tamarac Revised Site Plan - Temp. Reso. #2914 - Discussion and possible action to approve a revised site plan for a fenceonthe north property line (tabled from 11/9/83). -2- 25. City Council Reports 26. City Manager Report 27. City Attorney Report 33. AS on /K.ings Paint - Aliened Water &nd Sewer.__npva o-p-e-rs-r.P_ement - Discussion and possible action. The City Council may consider such other business as may come before it. The public is invited to attend. Carol A. Evans Assistant City Clerk Pursuant to Section 286.0105, Florida Statutes It a person decides to appeal any decision made by the city Council with respect to any matter considered at such meeting or hearing, he will [seed a record of the procKdings and for such purpose, he may Peed to unsure that a verbatim record iradudes the testirroaay and (10,i^rlce iirpoil wliEr:h t'q c1pp , ! i tC r:f" 6) ?5? J. CITY OF TAMARAC, FLORIDA RECONVENED CITY COUNCIL MEETING DECEMBER 6, 1983 (from 12/1/83) Fape CALL TO ORDER: Mayor Falck called the meeting to order at 4:30 P.M. 1 on Tuesday, December 6, 1983, in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Helen Massaro Councilman Philip B. Kravitz Councilman David E. Krantz Councilman Jack Stelzer ALSO PRESENT: Laura Z. Stuurmans, City Manager Jon M. Henning, City Attorney Carol A. Evans, Assistant City Clerk Patricia Marcurio, Secretary Mayor Falck read the notice of the Reconvened Meeting into the record and greeted those present. LEGAL AFFAIRS 13. Building Permit Fees - Temp._ Reso. #2929 - Discussion and possible action to revise the Schedule of Building Department permit fees. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-83---� C21f PASSED. as amended on the Schedule of Fees. Jon Henning read the Resolution by title and V/M Massaro said there are two corrections that must be made as per the Building Official's memo. On Page 2, Section 1, delete "other than electrical, a permit is required regardless of the cost of the work". Page 2, Section A, Subsection (d), add "each reinspection fee not ready (required inspection trip wasted)" and that the fee should be $30.00 instead of $20.00. She MOVED the APPROVAL of Temp. Reso. #2929, SECONDED by C/M Krantz. C/M Stelzer said there should be a change on Page 4, Item 10, removing "but including repair work not listed" and on Page 7, Item 25, remove "including repair work". Both V/M Massaro and C/M Krantz accepted this amendment to the MOTION. VOTE: ALL VOTED AYE COMMUNITY DEVELOPMENT 16. Spyglass - Revised Site Plan - Temp. Reso. #2930 - Discussion and Possible action to approve a revised site plan for a room addition to Unit 19A located at 6541 NW 99 Avenue. SYNOPSIS OF ACTION: TABLED until such time as they come in with letters indicating that the people in Units 16D and 16E have no objections and they are complying with whatever conditions were stipulated. V/M Massaro said Council requested letters from the owners of Units 16D and 16E and these were presented to Mr. Henning and he read them into the record, however, these were not from the appropriate neighbors. Mr. Henning said these letters should be made as part of the record. Elliot Oshins, resident of Spyglass and friend of Mr. Marcus, said Mr. Marcus purchased this a few years ago and has been wanting to build an enclosure alongside his villa. He said there are 3 such enclosures in this area as well as several screened patios that have since been constructed. C/M Stelzer pointed out that the letters that were presented have no bearing on this location at all. 12/6/83 /pm V/M Massaro said Council has not received the required letters and she MOVED that this Item be TABLED until such time as they come in with letters indicating that these people agree or that they come in with plans that will comply with those conditions they desire. SECONDED by C/M Stelzer. VOTE: ALL VOTED AYE 19. Exxon Service Station - Discussion and possible action on: aT Site Plan - Temp. Reso. #2931 b) Landscape Plan c) Water and Sewer Developers Agreement d) Water Retention Agreement e) Utility easement for fire hydrant - Temp._ Reso. #2932 f) Warranty deed for additional right-of-way on NW 88 Avenue - Temp. Reso. #2933 (to be located at the southwest corner of Southgate Boulevard and NW 88 Avenue). SYNOPSIS OF ACTION: TABLED at the request of the petitioner. Dave Oshinski, speaking on behalf of Exxon, distributed the plans to Council. He said the fees have been revised since the discussion on 12/1/83 and they indicated at that time their preference for two entrances off 88th Ave. and this was agreeable to Council; however, when they went to the County the next day, it was not agreeable to them. He said the County preferred that they open the access easement into the shopping center and close the southern most driveway. He said the County has not yet agreed that the northern most driveway can remain as shown and there will be some modifications to the driveway. He requested Council Table this to the next meeting so that they can finalize this with the County. Per this request, V/M Massaro MOVED that this Item be TABLED to the next regular meeting, SECONDED by C/M Kravitz, VOTE: ALL VOTED AYE Carl Alper questioned whether this should not go to the Planning Commission rather than Council and V/M Massaro reworded her MOTION to TABLE this Item with no date so that if it is necessary for this to go back to the Planning Commission, there would be time. The SECOND agreed to the change. VOTE: ALL VOTED AYE 21. Lakeside A artments/Lakeside Plaza - Temp. Ord. #1071 - Discussion and possible action on: a) Developers Agreement and Maintenance Covenant - Temp. Reso.#2947 b) Rescission of drainage easement accepted by Resolution #83-294 on 10/26/83 - Temp. Reso. #2948 c) Vacation of road right-of-way on the west side of State Road 7, at the north City limit line, adjacent to these projects by Temp. Ord. #1071. Second Reading. (Public hearing held 11/9/83 SYNOPSIS OF ACTION: a) and b) Consent. (See Pages Agendized by 4 and 5). - 2 - 12/6/83 /pm a)Jon Henning suggested Council consider Agendizing by Consent Items a) and b), as per his memo dated 12/5/83. V/M Massaro MOVED to Agendize by Consent subsection a) Developers Agreement and Maintenance Covenant, Temp. Reso. #2947, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE b)V/M Massaro MOVED to Agendize by Consent subsection b) rescission of drainage easement accepted by Resolution #83-294 on 10./26/83, Temp. Reso. #2948, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE c)V/M Massaro said they had requested that a certain part of the road right-of-way be removed from consideration and they have,now asked that it be considered and she MOVED to Agendize this by Consent. Ted. Ord. #1071, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE a) Jon Henning read Temp. Reso. #2947 by title and said there is a drainage ditch on the north side which is a public right-of-way and eventually the dedication of that right-of-way of 15' will be given to the Lakeside Development. He said as a condition of that vacation, there have been extensive discussions with staff and there are two conditions: that there be a Developers Agreement and a Maintenance Covenant. He said the Code provides for certain re- quirements where the property owner is placed on notice and if the work is not completed in a certain amount of time, then the City can move forward, do the work and lien the property and this is the first portion of the Maintenance Covenant. He said this refers to the fact that the property shall be maintained in good condition in conformance with Articles 4 of Chapter 6 of the Code. Mr. Henning said this goes on to include that the maintenance of any lakes, canals, ponds or ditches or other water retention areas which are located on the property shall be the responsibility of the owner. He said this Maintenance Covenant shall run with the land, be binding on the owner's successors, heirs and assigns and there is an additional provision that shall only be released by a Resolution approved by four affirmative votes of Council. The Maintenance Agreement applies to the apartment area only, Lot B. V/M Massaro said the original site plan did show a fire lane but this has been removed and the Fire Department has supplied a letter stating that they never did require it. She said the racquetball court has been relocated on the amended plan and at the two lakes they are installing an equalizer pipe which is 100' on one side and 90' on the other side with headwalls on those. 22. Lakeside at Tamarac - Discussion and possible action on: a FRevised site plan to reflect removal of fire lanes, tennis court revision, equalizer pipe in lakes and addition of ditch - Temp. Reso. #2914 b) Revised Landscape Plan SYNOPSIS OF ACTION: RESOLUTION NO. R-83- Jot PASSED. a APPROVED as amended. b) APPROVED. a) V/M Massaro MOVED that the site plan be APPROVED as amended. Dave Hardin, representing the applicant, noted that the dimensions on the Tape equalizer pipe have been changed to 107' and 117'. V/M Massaro ex- 2 plained that they are going to slope the ditch and sod it with bahia grass to the water line and have a 20' area on the top that will be almost flat to give better protection. Mr. Henning read the Resolution by title and C/M Krantz SECONDED the MOTION. VOTE: ALL VOTED AYE - 3 - 12/6/83 /pm V/M Massaro asked for the check in the amount of $1,251.81 and having received this, she said that Item that was on the agenda that had to be eliminated concerned their payment of $175 for a revised site plan and she indicated that this plan was not one that could be covered by that amount. She said they paid the difference and they have paid a $400 fee. b) She said they have met all the requirements concerning the Land- scape Plan as outlined by the City Planner and she MOVED the APPROVAL of the Landscape Plan as amended, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE -- 21. Lakeside Apartments/Lakeside Plaza - Temp. Ord. #1071 - Dis- cussion and possible action on: a) Developers Agreement and Maintenance Covenant - Tem .Reso.#2947 b) Rescission of drainage easement accepted by Resolution #83-294 on 10/26/83 - Temp. Reso. #2948 c) Vacation of road right-of-way on the west side of State Road 7, at the north City limit line, adjacent to these projects by Temp. Ord. #1071. Second Reading. (Public hearing held II/9/83) . SYNOPSIS OF ACTION: RESOLUTION NO. R-83-_PASSED. a and b Agendized by Consent. RESOLUTION NO. R-83 PASSED. (See Page 3) APPROVED. ORDINANCE NO. 0-83- ,.o2, PASSED. c) APPROVED on second and final reading. a) Mr. Henning read Temp. Reso. #2947 by title and said the Developers Agreement is by Motion and the Maintenance Covenant is by this Resolution. V/M Massaro MOVED APPROVAL of Temp. Reso. #2947 with the understanding that Mr. Urbanek must sign this in order for it to be completely approved. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE a) Mr. Henning said this is a revised Developers Agreement which covers the front property which is Commercial Boulevard and the back parcel which is residential and there are areas broken down committing these different owners to certain things as well as the City. He said the Plaza owner agrees to improve the right-of-way as the sketch says and the work must be done by 1/18/84. He said the work includes the covering up of the ditch and is to be filled in, sodded and grassed with bahia grass, the drainpipe extended and an irrigation system installed and this must be done before any certificates of occupancy are issued for the Plaza. He said the apartments property owner agrees to improve the right-of-way which will be the ditch with the new slope adjacent to the apartments in conformance with the design plan, which is Exhibit No. 2. He said this will be sodded with bahia grass up to the building line with a sprinkler system for irrigation and there will be a connection to the canal along the north portion with the small pond on the northwest corner there. He said all these improvements in this area are to be completed by 2/15/84. Mr. Henning said the roofs of Buildings D and E, parallel to the ditch, will have drainpipes which will drain to gutters and down- spouts underground to the right-of-way. He said this is explained in Exhibit 4. He said both owners front and back agree to apply to the City for vacation of the south side of the right-of-way to make this complete. Mr. Henning said they will provide a drainage easement to Broward County and copy Council with correspondence con- cerning the application satisfied and the City agrees to accept bonds if the work is not done before those dates if a certificate of occupancy is requested. The owners have requested the City's support in their applications to the County by way of Resolutions or meeting with the County staff, etc. V/M Massaro said they will not get a certificate of occupancy unless they post a cash bond or Letter of Credit and in either case they must be completed by the dates indicated. She MOVED APPROVAL of the Agreerent as submitted, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE - 4 - 12/6/83 /pm b) Mr. Henning read Temp. Reso. #2948 by title and said there was an easement presented on 10/26/83 and Council approved this and as part of the package that evolved, it was agreed that the City would not need that drainage easement since there is a vacation of the right- of-way. He said he is recommending a rescission of the approval that was granted in Resolution #83-294. V/M Massaro MOVED APPROVAL of Temp. Reso. #2948 which rescinds the action taken on 10/26/83 by Resolution #83-294. SECONDED by C/M Krantz. VOTE: ALL VOTED AYE c) Mr. Henning read the Temp. Ord. #1071 by title and V/M Massaro MOVED APPROVAL of Temp. Ord. #1071 on second and final reading, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 7. Courtyard of - Special Exception Petition #18-Z-83 - Temp.Reso.#2927 - Discussion and possible action on a request for Special Exception to allow a restaurant in Bays 6 and 7 of Building C at Lakeside Plaza, 5435 and 5437 North State Road 7, zoned B-1 (Neighborhood Business) (Public hearing held 12/l/83). SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-83-�/f PASSED. subject to the planting of 20' high trees as outlined in the - approved Landscape Plan. Mr. Henning read the Resolution by title and V/M Massaro said this was discussed when the public hearing was held on 12/1/83; however, the special conditions attached to this were that there be trees not less than 20' high at the planting and these are indicated on the approved Landscape Plan. V/M Massaro MOVED APPROVAL of Temp. Reso. #2927 with this condition, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 8. The Courtyard of Tamarac - 5 ecial Exce tion Petition #19-Z-83 - Temp. Reso. #2928 - Discussion and possible action on a request for Special Exception to allow on -premises consumption of beer and wine in conjunction with a proposed restaurant in Bays 6 and 7 of Building C at Lakeside Plaza, 5435 and 5437 North State Road 7, zoned B-1 (Neighborhood Business) (Public hearing held 12/l/83). SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R-83%3g2o _PASSED. with conditions. Mr. Henning read the Resolution by title and V/M Massaro MOVED APPROVAL with the following conditions: 1. That approval is not transferable to any other individual or location without the approval of Council. 2. Hours from 8:00 A.M. to 2:00 A.M. local time. 3. No sale prior to 12:00 noon on Sundays. The MOTION was SECONDED by C/M Krantz. VOTE: ALL VOTED AYE 37. City Attorne Salar - Temp_.__Reso. #2944 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. RESOLUTION NO. R-83-,_3 a2_.!5 �PASSED. APPROVED increasing the City Attorney's salary to $49,500 plus $2,400 for car allowance. C/M Krantz said it is customary, when an individual has been with an organization for over a year to consider an increment in salary. He said Mr. Henning has been with the City 18 months and has not received an increase. He MOVED to Agendize by Consent discussion and possible action concerning an increase in the City Attorney's salary, SECONDED by V/M Massaro. VOTE: ALL VOTED AYE - 5 - 12/6/83 /pm C/M Krantz commended the City Attorney on his performance and MOVED that his salary be increased to $49,500 plus a car allowance of $2,400, SECONDED by C/M Stelzer. V/M Massaro read the Resolution by title. VOTE: REPORTS ALL VOTED AYE 38. Appointing an Alternate Member to the Planning Commission - Temp_.Reso. #2949 - Discussion and possible action. SYNOPSIS OF ACTION: Agendized by Consent. RESOLUTION NO. PASSED. APPROVED appointing Bernard Newman as an alternate member to the Planning Commission. C/M Stelzer MOVED to Agendize by Consent discussion and possible action concerning the appointment of Bernard Newman as an alternate member to the Planning Commission, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE Mr. Henning read the Resolution by title and C/M Stelzer MOVED to appoint Bernard Newman as an alternate member of the Planning Com- mission and the City Clerk's office is to notify him of this appoint- ment, SECONDED by C/M Kravitz. Mr. Henning was authorized to prepare the Resolution. VOTE: ALL VOTED AYE REPORTS 25. City Council Reports V/M Massaro said she has received word today that they are going to start work on the traffic light at 81st and 88 Ave. on 12/13/83. She said FP&L will be finished by 12/16/83 and the other people will finish soon after. 26. City Manaqer Report Laura Stuurmans said they have received a copy of Alan Ruf's letter of explanation to the proposed FOP Agreement. She said staff would like Council to approve the contract and she suggested a meeting be scheduled after the Pre -Agenda meeting on 12/8/83 and Council members agreed to this. 25. City Council Reports Mayor Falck said he will have to attend the public hearing scheduled by the County since they are proposing to usurp the authority of the cities to establish a Water Management District which they will administer. C/M Kravitz - No report. C/M Krantz - No report. C/M Stelzer - No report. 27. City Attorney Report Jon Henning thanked Council for their approval of his salary increase. 33. Ashmont/Kin s Point - Amended Water and Sewer Developers Agreement - Discussion and possible action. SYNOPSIS OF ACTION: TABLED to the next regular meeting. V/M Massaro MOVED to TABLE this Item to the next regular meeting, SECONDED by C/M Krantz. VOTE: ALL VOTED AYE CllfIN C The meeting was adjourned at 5:45 P.M. APPROVED t-di City . Q_. i ASSISTANT CITY CLERK This public document was promulgated at a cost of $ / r./O or $ �-/ 7-.;-,, 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.