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Home My WebLink About1992-10-15 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COUNCIL WORKSHOP THURSDAY, OCTOBER 1.5, 1992 Tape 1 CALL TO ORDER : Mayor Bender called the City Council Workshop to order at 10:00 a.m. in Council Chambers, City Hall. PRESENT Mayor H. L. Bender Vice Mayor Henry Schumann Councilman Irving Katz ABSENT IAND EXCUSED : Councilman Norman Abramowitz Councilman Joseph Schreiber ALSO PRESENT : Phyllis Polikoff, Secretary * C/M Katz MOVED to ADJOURN the Workshop until 11:00 a.m., SECONDED by V/M Schumann. VOTE ALL VOTED AYE Mayor Sender RECESSED the Workshop Meeting at 10:05 a.m. due to lack of a quorum. Mayor Bender called the reconvened Workshop Meeting to order at 11:05 a.m. PRESENT : Mayor L. H. Bender Vice Mayor Henry Schumann, Councilman Irving Katz Councilman Joseph Schreiber ABSENT AND EXCUSED : Councilman Norman Abramowitz ALSO PRESENT : John P. Kelly, City Manager Alan F. Ruf, Former City Attorney Phyllis Polikoff, Secretary Dennis D. Mele, Attorney representing Lennar, said the settlement agreement was a continuation of litigation regarding road impact fees. He said Lennar believed they were not subject to said fees b cause of a road agreement wherein improvements were made in lieu of paying said fees. Attorney Mele said an amended agreement with Staff's recommendations was recently presented to Council. He said Lennar complied with the Land Use Plan which allowed 15 dwelling units per acre (du/pa). Attorney Mele said a question had been asked whether Malvern was part of Kings Point. He read a portion of the Kings Point Condominium documents and said the residents were aware that additional property could be added in the future. V/M Schumann inquired about height limitations which was indicated in Paragraph 11, Page 5, of the agreement. Attorney Mele said height would be measured as defined in the Code under Section 24-1: Definitions - HEIGHT . Nicholas (Nick) Condorousis, representing Lennar, agr ed and that Lennar would meet all handicapped requirements under the Fair Housing Act. City Council Workshop 10/15/92/FP Page 2 C/M Schreiber expr ssed his concerns about the number of units, 4 story buildings, Tract 34, the signal light, and modifying the design for catch basins and culverts. He said if the City agreed, Lennar would waive the $133,766 road impact fee they previously paid and would put in landscaping, sidewalks and curbing. He said in his opinion, this matter should be agendized for a Public Hearing. Attorney Mele read a portion of Section 10-222 (a)(3) pertaining to catch basin requirements and said Lennar complied with the City requirement on drainage. He said Lennar also complied with the Code requirement on swales, which City Engineer Kline Jones had approved. C/M Katz expressed his concerns about swales, gradient numbers, and runoffs. Attorney Mele said the Code and settlement agreement indicated the 400 foot gradient number. Attorney Mele said the settlement agreement indicated that building would not be higher than 50 feet, including all appurtenances as indicated in Section 24-1 of the Code. He said present 3-story buildings were 40 feet, four inches with all appurtenances, and the increase was less than 10 feet. He described in some detail the features of the proposed 4-story buildings. C/M.Katz asked if the top of the buildings would xceed the height of the stairwells or elevator shafts. Attorney Mele said, no. Attorney Mele expressed his thoughts regarding the number of units under the Land Use Plan, multiple property owners, and densities. C/M Katz expressed his concerns regarding density and parking spaces. Attorney Mele said although the density would be greater for the 4-story buildings, the buildings would have the required number of parking spaces. Attorney Mele expressed his thoughts regarding the proposed units (which was allowed in accordance with the Land Use Plan) on Tract 34. C/M Schreiber said he believed there was an agreement that Lennar would not build on the site proposed for the clubhouse. Attorney Mele agreed but 140 units would be added back into the total. Attorney Mele said no precedent would be set regarding the 4-story buildings because it was the result of a settlement and said settlement would not bind the City to any other property in the City. Attorney Mele said Lennar believed Broward County wanted a traffic signal on Northwest 77th Street and Nob Hill Road and would spend up to $55,000 for said traffic signal. He said if Broward County decided against installing the traffic signal, the money would be spent for a traffic signal elsewhere on Kings Point property. C/M Katz asked why the money could not be put into the General Fund. Attorney Mele said the money was set aside for the installation of a traffic signal and Lennar agreed to do something beneficial for traffic circulation. There was discussion regarding the traffic signal and C/M Katz and Mayor Bender expressed their concerns. Attorney Mele also expressed his concerns. C/M Katz suggested the money should be put into a dedicated fund inst ad of an illusory fund. Attorney Mele discussed the $133,766 road impact fees which Lennar believed should not have been paid and reiterated that Lennar was challenging the Road Impact Fee Ordinance. Tape 2 City Council Workshop 10/15/92/PP Page 3 Attorney Mele said the estimated cost to landscape the medians was over $350,000 and sidewalks and median curbing on Nob Hill Road would benefit the City. C/M, Katzasked where the 4-story buildings would be constructed. Attorney Mele said at Trent and Granville. C/M Utz lasked how close were the 4-story buildings to the xistLhg= 3:-story buildings. Michael Smolak, representing Lennar, "id'_'hey.wet-:6 separated by the lake and by setbacks and the 4- stpry bifildinigs.were far enough away from the 3-story buildings to causo .,any , jroblems . C/M Katz asked if there would be any problem with constructing a 3-story building where a proposed 4-story building was proposed. Attorney Mele said 1) a site plan had not been prepared, 2) undeveloped properties were far enough away from the existing developed properties, and 3) the buildings were separated by water and major roads. He said there would be no 4-story buildings on th Lombardy site and the western part of Exeter. C/M Katz reiterated his request for an answer on the $55,000. Mr. Smolak said he preferred it should be for a traffic signal based on what Broward County had indicated but any improvement should benefit Kings Point. Alan F. Ruf, former City Attorney, said his interpretation was that Lennar would cooperate with the City on new language in place (putting the $55,000 into a committed fund) before the matter would be brought before the public. Attorney Mele agreed and said the agreement would be amended that if Broward County did not want the traffic signal, Lennar would commit the $55,000 to another improvement. Mayor Bender said Lennar should indicate if the money would directly or indirectly benefit Kings Point. Attorney Mele said he would work directly with Attorney Ruf on the language. Mr. Condorousis asked if Council would be agreeable that Lennar would spend the money within a geographical area, i.e. Pine Island Road to Southgate Boulevard to Perimeter to McNab Road. Mayor Bender said, yes. C/M Katz agreed. Mr. Kelly said in clarifying the matter, present 3-story buildings were 40 feet, four inches with appurtenances and the Code allowed 40 feet plus appurtenances to 50 feet. Mr. Condorousis said, yes, and the proposed 4-story buildings would be 50 feet including appurtenances. Mr. Kelly said the total proposal would be within the maximum allowed by the Code. Mr. Condorousis said, yes. Attorney Mete reiterated that 4-story buildings would be constructed and all appurtenances would not go above 50 feet, in total. He expressed his concerns regarding parapets in Section 24-1. C/M Katz said the Code addressed stairways and elevator shafts and not air -conditioners. C/M Schreiber disagreed and the difference between 3-story buildings and 4-story buildings was almost 10 feet and Lennar would be adding 10 feet. Mayor Bender disagreed and Lennar would add 10 feet but was staying within the 50 foot requirement. There was further discussion regarding the heights of the existing 3-story buildings and the proposed 4-story buildings. C/M Katz said 4-story buildings were built before in the City. Attorney Ruf said he had nothing independently to add. Mr. Kelly asked if Black Olive trees would be planted. Mr. Condorousis said, yes, because they were the only trees to survive during a recent freeze period. City Council Workshop 10/15/92/PP Page 4 Mr. Kelly asked if the sidewalk south of McNab Road was put back in. Mr. Condorousis said, yes. Mayor. Bender thanked the representatives of Lennar for their informative presentation. Mayor Bender ADJOURNED the Workshop at 12:10 p.m. CAROL A. EVANS •u -- _ fi- City Clerk