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HomeMy WebLinkAbout1980-01-11 - City Commission Workshop Meeting Minutes5811 NORTHWEST 88TH AVENUE & TAMARAC, FLORIDA 33321 TELEPHONE (305) 722-5900 January 4, 1980 CITY COUNCIL NOTICE' OF WORKSHOP MEETING PLEASE TAKE NOTICE THAT there will be a Workshop Meeting of City Council, to be held: Friday, January 11, 1980 at 1:30 P.M., in Council Chambers, to consider the following item: Wedgewood Enclosures. Council may consider such other business as may come before it.. All interested citizens are invited to attend. MARILYN BERTHOLF ' Acting City Clerk. mb/tz CITY OF TAMARAC, FLORIDA CITY COUNCIL WORKSHOP MEETING J'ANUARY 11, 1980 RE WE,D'GEWOOD ENCLOSURES CALL TO ORDER: Mayor Falck called the meeting to order at 1:30 P.M. Friday, January 11, 1980, in the Council Chambers. ROLL CALL: s PRE -(SENT: Mayor W. Falck Vice Mayor H. Massaro C/W M. Kelch C/M I. Disraelly ABSENT: C/M H. Wiener ALSO PRESENT: City Manager, E.A.Gross City Attorney, A.Birken For City Clerk, T. Zipper Mayor Falck read the Notice of Workshop Meeting into the record. He then asked that C/M Disraelly speak on this item since he had asked for the Workshop. C/M Disraelly said this meeting was being held in order to give input and clear up the matter of screen enclosures in the Wedgewood are.a,, due to requests for information from people living there. He added that apparently some permission had been given to some homeowners for screen enclosures. However, there has been some confusion and an Ad Hoc Committee in Wedgewood and the developer, Gene Hahn, had requested a moratorium until this matter could be cleared up. The Chief Building Official is also concerned as to what his responsibilities and priorities are. V/M Massaro said that this morning there had been an impromptu meetinLy between the Chief Building Official, the City Planner, the City At- torney and .'herself_ She asked that Mr. Birken discuss this. Mr. Birken said this is a condominium in an R-3 district and the outside of the building and the common elements are owned by the association. The homeowners own the inside of the unit. There is a condominium law in Florida that certain documents have to be filed with the State and approved and there are procedures for making changes to these condominium documents. Mr. Birken said that the Site Plan which was approved by the City, does not appear to con- tain much., if anything, in the way of patios or areas for screened, or any other type of enclosure in the rear of the units. Any patios that are shown on the Site Plan would be limited common elements which means owners use that area very exclusively, while common elements are open to everyone. He said that requests for changes are not as simple as coming in and getting permission as there are significant legal ramifications. Mr. Birken said it is his recommenda- tion that the unit owners consult with their attorney and ask their attorney to consult with the attorney for the developer to make sure they have a right to do what they are asking to do. He said he would like input from both attorneys. He added that he is available to meet with the attorneys for the Association. Mr. Birken added that he would like to point out that the Site Plan itself does not show any additions and according to City regulations, before any permits are issued, it would be necessary for the Site Plan to be modified. When this matter is cleared up, the association might want to come in and have a blanket change to the Site Plan or perhaps other arrangements could be made, at pleasure of Council, V/M Massaro said the condominium document itself might have to be changed. Further Council wishes to work with the residents, but some may like the idea of putting additions on and some may not. Therefore, she added, they can understand that this is something they must resolve within the Association and everything must be done legally so that there would be no liability on anyone's part. At that time, Council can review what is desired by residents, and since theirs is an unusual situation, they might have to amend the City ordinance. -I - l /l Y /nn Mayor FAlck then opened the meeting to the public. Mel Sherman was -recognized and said he is on the Board of Directors, and th.i's Board and the Ad Hoc Committee represents all unit owners in. Wedgewood. He said they had a meeting and the vote was unanimous (after checking with all residents) to lift any moratorium on the building. Mr. Sherman said he did not know why this is being held up now, as everything is listed in the condominium documents and they have an Extorior Modifications Committee which goes over these matters before a permit is issued. . V/M Massaro asked what the condominium document has to say regarding the inner -court since upon reviewing the plans, she could see in one or two instances where others would be precluded from building. Also, there may not be the same ofner of a particular unit in the future. Mr, Sherman said the document says they can build any place they want unless anyone has a reason for such objection. The survey they did of every member of that court indicates no objections. He added that they cannot deal with what will happen tomorrow. V/M Massaro said they should consult with their attorney and come in with a legal opinion, and that would resolve everything. Mr. Sherman asked what the City's objection is. C/M Disraelly said one is where the 'island' is between Wedgewood Lane and Wedgewood Drive, those who are on the perimeter on the golf course, and those on the canal bank. The City Attorney said that the Site Plan question would also have to be resolved and said additions are not shown. However, the Association might wish to prepare one Master change showing where they want to allow patios. A discussion took place regarding this, and the fee of $400. that would have to be paid, if this were brought in. under a master change. Mr. Sherman said the documents spell everything out and they abide by them. He said the City has issued permits and permitted building, and people in the triangle(or island) have given their permission. He a.d.ded that a delay costs them rr:oney. Mr., Birken said he could not speak as to what has happened. He can speak -to what is to be done and it was Mr. Hahn's attorney who put up the, '•red flag' and cautioned the City as to what might be in these documents. The procedural aspect was discussed and Mr. Ben Eigner, the Chief Building Official was recognized. Mr. Eigner said that Mr. Hahn is supposed to give him an as -built of the entire site, showing all the air conditioning plans and patio slabs that are already down. However, some people have enlarged a slab, some are putting a slab in at the side of the house, and so it would be difficult to put on paper for all time. Mr. Birken added that the Association can plan now as to whether they will approve additions even for people who do not wish them now, and if there were to be a change in size, it would be the association who would apply, since they own the common elements. Mr. Jack Weiss was recognized and said that he backs on the golf course and had already given a deposit, and is affected by the present ruling. He said Council should keep in mind, that when Mr. Birken says he has spoken to the attorney for Mr. Hahn, that Buck & Tatum are also co - developers with Mr. Hahn. Mr. Weiss said that there is now a new building going up just west of the so-called office of the developers, that seems to have a patio or screened -in porch and.although they may have been given a permit for it, he t.hi_:nk's ;_t is iyn bad taste, since there is a moratorium on such. Mr. Weiss said lie wishes to remind Council that the Association is a new organization and.will sign with their attorneys,Eecker & Poliakof4 probably this Tuesday. However, these attorneys are expensive and th.eu have limiter3 funds and he �.70111 a p v treat if t' eir attorneys come ur with a solution that it be acted on as quickly as possible. 1/11/80 tz V/M Massaro asked the Chief Building Official to check out what Mr. Weiss had mentioned about the building and slab going up, and if it is not proper, he was to red -tag it today. Mr. David Feltenstein of Building 14-A was recognized and thanked the Mayor and Council for their time. He said he had bought his particular house because Mr.Hahn had said there were certain areas in both, phases where extensions could be built, and even enclosed with walls and windows. Mr. Weiss said he had contracted with Mr. Hahnfor a screened -in area, and the slab was put down,'the roof was put up and girders were erected. Subsequently, he thought he might be interested in a Florida room instead and Mr. Hahn informed him that in that event, it would be a waste to close it in with screening as that would be removed to erect the Florida room. The Chief Building Official had told them that if they got a letter from Mr. Hahn that he had permission to build, that he would be permitted to do so. Further, they have the C/O for their building, and the letter from Mr. Hahn now. He asked what the legal aspect was. Mr. Bixken said that apparently some units are there but he does not know how they got there and he did not believe it would be productive to discuss Mr. Feltenstein's problem today. Mr. Feltenstein asked how the City had permitted the Certificate of Occupancy for his building and others in a similar position? Mr. Eigner said that to the best of his knowledge, it was assumed by the Building Department that the additions were for the individual homeowners as individual units. He said he has a letter from Mr. Hahn regarding' -Units- 13 A and 14 A - the two porches in the triangle area. Subsequent to the time of construction, Mr. Eigner added, he had found out that the grounds were condominium and a common area. At that time, he stopped any further rooms from being added. V/M Massaro said it has been indicated many times that the City does not enforce covenants and deed restrictions, but Council has bent over backwards to help individuals in different types of cases. However, Council must work within the law and when they find they are stepping beyond what the law allows, they put a stop to it. She said this is what has happened here. V/M Massaro said they can go no further until this is resolved legally. Mr. Weiss said he believed the developer w culd be leaving shortly. C/M Disraelly said at this moment, the developer cannot get C/o's 'for five buildings, so that until this is correct, he believes the City will hold up the last C/O's. V/M Massaro agreed, saying that in conversation with Mr. Hahn. she had informed him that no C/o's would be issued until he had shown a concerted effort to correct Swale, drainage, road work problems, etc. Mr. Weiss thanked .Council and said they have been very diligent. Milton Hausen was recognized and said he is on the Board of Directors. He said the sprinkler system was a disaster. Some get three hours and some get none at all. Mr. Eigner said there were two separate systems there. He discussed this at length and said until the design of this system is finished, the Building Department cannot give a Final C/O. Also, Mr. Hahn has been put on notice that any grass that dies as a result of lack Of water and does not come to life after the water comes on, will have to be replaced. V/M Massaro said she had told Mr. Hahn today that she wanted to meet with him and the engineer and go house to house and check swale areas and back yards. She asked Mr. Eigner if he had checked back yard gradings? Mr. Eigner explained the situation in detail, including that this is one of the low sections of the City, and particularly between units 31 and 32. Mr. Hausen said areas that do not face the golf course have flooding even when the sprinklers go on. They had spoken to the foreman, but had not gotten cooperation from him or Mr. Hahn. l/11/80 tz -3- Tape Side #2. Mr. Eigner said Mr. Pena and Mx. Gabriel of the City Engineer's office are working on that drainage problem right now. He said until they get the water to travel properly, they are going to have the problem. Mr. Geller said he would like to have the moratorium on screened -in rooms lifted. The reason they asked for the moratorium was to give people a chance to vote on it. He added that if they have heavy rains, the court triangle homes would have water in their buildings. Mr. Eigner said this is the area the City Engineer personnel are working on and the drainage in the front section has not been released. Mr. Geller said he would also like to have Units 28 to 32 checked ovearr as there is a Swale area that they were told was requested by the City and the golf course. Ae water lays thhere, and it breeds mosquitoes. Mr. Geller also said the rye grass seed that had been planted (he believed in back of 35 and 36) had died out when the sun hit it. Mr. David Rruger of Unit 31-E. He said about two feet from his cut off valve of the sprinkler system, they have a puddle of water .and that breeds mosquitoes and other bugs. This had been shown to Mr. Hahn who agreed that it had to be fixed, but that was six months ago and nothing has been done. Mr. Eigner said most items being referred to are in the engineering repair list and the City Engineer and Mr. Pena have been checking it out. He said a lot of the water is either on the golf course, or in the back of the houses. Mr. Eigner said that many people are under the impression that all the area in back of their homes that was grassed is theirs. Most of these people though, have only 15 feet, if that much,and the rest is golf course. Rather than leave the area between the homes and the golf course "in the rough.", Mr. Hahn had grassed it. C/M Disraelly agreed, and said that many of the trees that have been planted are not in the common element. They are in what was the golf course rough. Mr. Eigner said the drainage had originally been approved by Bill Morris and under which most of this was installed. However, when Larry Keating came he had a different opinion, and modifications have been made. Mr. Eigner said the heavy rains in April indicated drainage was not working properly. Mr. Keating has been working on this, and the grading of the yards, the drainage and swaleg are the City Engineer's responsibility. Mr. Eigner said that much of what is being mentioned today by the public, is being looked at by Mr. 1:eating's office. Mr. Kruger said he- also had water in his driveway. V/M Massaro said Mr. Hahn is going to review all the problems and correct them.. Mr. Feltenstein said he wishes to emphasis the gravity of the problem between Units 14 and 15. He said 'police had been called necember 20th, 2:00 A.M. because of rising water. Mr. Felstenstein said the drainage does not work and he felt the grading is poor. He asked that this be checked into. He said his Unit is 14A. Maurice Schwarz of Unit 22-D was recognized. He said that between the walkway and the side of his house is a grass area, but that it slopes from front to back and it should have been sloped the other way. Mayor Falck requested that the attorney for the Association get in touch with the City Attorney. Mr. Herman Gilbert of 26-B spoke of a missing street light in the existing original phase. He said the lights have been installed but there is one area that is extremely dark. Mr. Eigner said for him to stop by and give him the exact location and it would be checked out. -4- Mr. Geller spoke of the side -screen rooms between 25 and 25A. Mr. Eigner said that was in the canal set back area. Mayor Falck thanked those in attendance. MEETING ADJOURNED at 2:45 P.M. ���Akarilyh Berthol City Clerk This public document was promulgated at a cost of $ $per copy, to inform the general public and public of- ficers and employees about recent opinions and considerations by th.e City Council of the City of Tamarac. -5- 1/18/80 tz