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HomeMy WebLinkAbout1982-01-28 - City Commission Reconvened Regular Meeting MinutesCITY OF TAMARAC RECONVENED REGULAR CITY COUNCIL MEETING JANUARY 28, 1982 (from 1/27/82) CALL TO ORDER: Mayor Falck called the meeting to order at 9:30 A.M. Thursday, January 28, 1982, in the Council Chambers. ROLL CALL: PRESENT: Mayor Walter W. Falck Vice Mayor Irving M. Disraelly Councilwoman Helen Massaro Councilman Philip B. Kravitz ABSENT AND EXCUSED: Councilman Irving Zemel ALSO PRESENT: City Attorney, Arthur 11. Birken Assistant City Clerk, Carol A. Evans Secretary, Patricia Marcurio 22. Sunmark Industries (Sunoco Service Station) -'Discussion on request. for waiver of platting requirements pursuant to Section 20-4 of the code. SYNOPSIS OF ACTION: Sunoco was given indication that Council would be interested in considering favorably an application for exception from platting requirements provided that Sunoco accomplish certain things. Richard Rubin said this is before Council to change various things on the existing building in accordance with Tamarac's code requirements. The first subject to be decided would be the requirement of platting. This project was built prior -to the city's platting requirements and the city has a waiver procedure for projects that are already existing in the city and the applicant would like to obtain comment from Council regarding what the specific requirements of the city are to enable him to make the revisions to the site plan. The City Planner said he has made sever-1.1 inspections to the property and he is concerned about the existing canopy which is deteriorating very rapidly. The main purpose before Council today is to replace the wood canopy with a more lasting canopy designed of fiberglass and to place a gazebo beneath the canopy in order to allow sales 24 hours a day. Mr. Weyant has agreed to take care of to receive council's approval. The major change agreed to is removing one entrance into the project from Commercial Blvd., the one closest to 441. The reason for that is traffic safety. The removal of the driveway entrance and the placing of a 10 foot landscape strip with hedge and trees according to our ordinances ', would be a buffer from the road and the traffic would not be seen clearly. Secondly, the applicant agrees to place a new sprinkler system in the project which is rust -free. He will agree to to tie up to the existing sewer system along 441 owned by the County. He will enclose an open dumpster that is on the north side of the site. There is a very large sign on the northeast corner of the site and he will agree to remove it and place a ground sign in according to the code that will be 12 feet high. He has agreed to remove his high lights that have been there for the last 10 to 15 years and instead have low lights facing downward according to code. He will bring his overall project into conformance with the standards of the city. - 1 - 1/28/82 /Pm The City Planner said there are certain requirements that the City would have and that would be the payment of site plan review fees, the submittal of a contract for sewer service and any other outstanding fees before Council would make the final determination of a waiver for special exception. Mr. Weyant has requested to speak to Council in order to obtain their opinion that if he agrees to the listed items and other items brought up now, would Council be amenable to him making these final commitments and coming before Council at a subsequent meeting. Mr. Weyant of Sunmark Industries said they have always landscaped the area and it has been torn up -but they will do it again. He said their landscape plan has a new sprinkler system for irrigation. C/W Massaro expressed concern about the back of this property where one area has been enclosed on two sides and it is in terrible condition. This should be cleaned up as soon as possible. Mr. Weyant said a big improvement has been made by the change of operators of this.site and they will do a good job and will clean up this area. C/W Massaro asked Mr. Weyant if he has a survey of this property. He said he does have one in his office but it should be upgraded. C/W Massaro asked who owns the alley in back of this property - Mr. Weyant said they do own part of that alley. V/M Disraelly said there is a driveway that people have been using but Mr. Weyant said they do not own this. C/W Massaro asked the City Attorne, to find out who owns the rest of the property in back of this property. There was a serious condition back there about five years ago where debris had to be cleaned out of there because of deplorable conditions. Mr. Weyant said this property back there was not paved and that is because that is where the sanitary sewer is. V/M Disraelly said that the existing fencing does not go along the property line but according to City Code "Where a gasoline filling station with or without it's usual excessory uses abuts a commercially -zoned district then that perimeter landscape strip shall include the construction of a solid masonary wall stucco and painted along such an interior property line at a minimum height of 3 feet and a maximum of 8 feet". V/M Disraelly said that this indicates that the fence should be changed as well and should be right on !the property line on two sides. Mr. Weyant said there is a louvered fence on the south side of the property now. He said this curbing and louvered fence was put onto the property when the property was built and he would be very much against taking this out and moving it now. V/M Disraelly said the code requires this and Mr. Weyant said it did not when the property was built. Attorney Birken said this is an existing situation. He said the problem is that there is a non -conforming use. There are set -back violations, an island that is within 12 feet . The question is whether the owner of the property can provide the City with a survey dated on or prior to February 9, 1972 which is when the regulation went into effect showing the non -conformity. Mr. Weyant said the station was built in 1965. The City Attorney said if this survey could be provided to the City hP would be satisfied ; if they cannot, then they would have to go to the Board of Adjustment and bring in witnesses or an affidavit to prove this. C/W Massaro asked Mr. Weyant if he is with Sunoco and he said he is. She said the next step would be to look at the survey and see what the City can do. C/W Massaro asked if they were hooked up to the canal for drainage. Mr. Weyant said there are soakage pits built into the property C/tiV Massaro said this is something the City Engineer will have to look into. Mr. Weyant said that he will have a survey company check into any - 2 - 1/28/82 /pm easements that may be in the back of the property. Attorney Birken said:that Council may be interested in approving application for an exception permit if this compliance with the items mentioned in the January 5 and January 15 memos and the drainage question, the clean-up, the enclosure of the back, looking into public water for irrigation and the easement question are resolved. Mr. Weyant said he will have their real estate people researching this survey and will get this resolved. 19. Fairways III - Revised Site Plan - Temp. Reso. #2149 - Discussion and Possible Action on a Revised Site Plan for a 4-foot fence around the swimming pool at the recreation area. SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R- q- PASSED. w/conditions. Attorney Birken read the Resolution by title. V/M Disraelly asked Mr. Holtel about changing the sign on the trailer per Beautification approval. Mr. Holtel said it will be started on Monday, February 1 and will be done by Friday, February 5 and if it is not, the Code Enforcement Officer has his permission to come in and take this down. C/W Massaro said in this particular case it was simply an oversight on their part in not putting on the site plan the fact that there was going to be a fence around the pool and when they went to get the permit to put the fence up it was discovered that they neglected to indicatea'�Ithis on the plan; this is why they have come in with a Revised Site Plan. C/W Massaro MOVED the APPROVAL of the Revised Site Plan by Temp. Reso. #2149, SECONDED by V/M Disraelly. VOTE: ALL VOTED AYE 23. Polish American Club - Discussion. and Possible Action on a request for a refund of certain fees for proposed development. SYNOPSIS OF ACTION: Refunded $4,120.37 Engineering fees and $1,725.00 performance bond. Cannot return $1,300-Preliminary Plat, $450 Eng. drawings, $600-site plan. Other fees will be held for further discussion. Attorney Birken said there are four fees some of which apparently were paid prematurely. Engineering Fees, $130.00 an acre fee, the 5% On -Site Water Retention Fee and the Performance Bond. The City Attorney said he does not believe that if they are not moving forward with the project, the Engineering Fee or the Improvement Bond need be held by the City; not only do they not need to be held by the City, but the City may not have the right to hold them. They were paid when the first permits were applied for. The Engineering Fees are $4,120.37 and the Performance Bond is $1,725.00. V/M Disraelly said they have received a letter dated December 10 from the Polish American Club asking for $10,935.00 and hand-written on the side was $152.00. First, the amount that they should have paid the city was $9,605.37 which is composed of Engineering Fees of $4,120.37, Drainage Fees for 2 acres at $130.00 which is $260.00, 5% Retention $3,500.00, and the Performance Bond of $1,725.00. This totals $9,605.37; they have presented the city a check for $9,615.37, they were subsequently refunded $9.63 by a check from the city. - 3 - 1/28/82 /pm ape As the City Attorney has indicated, those fees were paid in advance; '2 however, the other two items on that letter are $1,050.00 and $270.00, those figures cover the Preliminary Plat which was $270.00, the Site Plan Fee of $600.00 and the Engineering Drawings of $450.00. The City Attorney has indicated that the city has worked on the Pre- liminary Plat by staff and Planning Commission and also the Site Plan and the Engineering Drawings and these fees are not refundable; therefore, the city is entitled to that $1,320.00. The City Attorney said the Engineering Fees for $4,120.37 and the $1,725.00 for the Performance bond should be refunded because they were paid in error before they needed to be paid and they have not pulled any permits and have indicated that thev do not intend to. Mayor Falck said he is concerned about the expression of "paying pre- maturely" since these people came into the city with enthusiasm and there were several special meetings to move along with their project and these fees were paid at a time when they asked Council to move along with their project. C/W Massaro said they were not paid prematurely but they were trying to hurry it because they had leases they were trying to protect but would not normally have to pay that before they apply for the permit because they were inspection fees, they were not plan approval fees. The bond is also not required at the time of the plan approval, they do not have to post that until they apply for a permit. She said she wonders if the people of the Polish American Club are aware that they are going to have quite a large loss on the site plan approval, the preliminary plat, etc. because if they lose the approval completely they will lose that money. Attorney Birken said this gets interesting because of two reasons: First, these are bad times and this may be the first of several projects that can not move forward. If a developer or property owner comes forward and says that they have their approval and they want to give up that approval that they have and want to be put back to the position they were in before, Council should decide whether, as a matter of policy, it might be better to cancel the project out and put the property back to the condition it was in before so that if someone wants to develop, the impact fees have not already been paid on that property and new impact fees would have to be paid at a higher level. Or, whether the city wants to take the position that the site plan was approved, it was the condition of approval, it runs with the land and at some point of time in the future when someone else or the same people want to develop, that is a fee they will not have to pay. The City Attorney said the Council does not have to make this decision today - because in order to act affirmatively, the Polish American Club would have to come forward and sign a document that would be recorded stating that the agreement that they entered into with the City where they paid us $130.00 an acre and the money for the 5% on --site retention would be cancelled and that would be recorded with the original agreement. That has not been done. The City Attorney said that secondly, the fact that this is not the drainage basin that we have a permanent force with the South Florida Water Management District. The staff, Larry Keating, Tony Nolan, the City Attorney and C/W Massaro have been involved in discussions and a draft of an ordinance which would modify the City's existing regulations so that the 5% retention figure would only apply in the C14 canal basin. If this is acted on in a favorable manner, which is recommended, than this money should be returned anyway. C/W Massaro said if the ordinance that the City Attorney .refers to is adopted the cite would probably go to the requirements of the South Florida Water Management District, which require more than 5% water retention, 4 - 1/28/82 /pm which the City already requires. The City Attorney said action does not need to be taken on the 5% and the $130.00 an acre today, this needs deep thought; however, action can be taken on the other items. C/W Massaro said Council should return the permit fees for the Engineering work and the bond. The City Attorney said that the Polish American Club should be told that their site plan is due to expire on February 26, 1982. V/M Disraelly MOVED to refund to the Polish American Club the sum of $5,845.00 composed of the Engineering Fees $4,120.37 and the Performance Bond of $1,725.00. The record should reflect that the $1,300 paid for the preliminary plat of $270, the site plan of $600 and the Engineering drawings of $450 cannot under City Ordinance be returned. The other will be held for further discussion, SECONDED by C/W Massaro. VOTE. ALL VOTED AYE Attorney Birken asked the City Clerk to notify them that their site plan is due to expire on February 26, 1982. 24. Drainage improvements in the Ci SYNOPSIS OF ACTION: Mayor will review extensive material on drainage. - Discussion and Possible Action. Mayor Falck said that he is scheduled to attend a meeting in Tallahassee and will review extensive material on drainage on his return. 25. City Council Reports - C/M Kravitz Said he would respectfully request that Council give consideration to the position of the liaison to a committee. He has found that for some reason there are members on committees that have been dissatisfied and they consult everyone on the Council instead of the liaison. When there is information submitted to one Council person it is never passed on to the liaison so that he is aware of matters. Every member of Council deserves the respect, whether it be a committee member or citizen in the city and a liaison should not be by --passed. C/M Kravitz said he does not know how this can be accomplished except that if anybody in Council should receive any information that affects another Council person that is a liaison, that they be given at least the information to give their input as to whether they think it is right or wrong. At no time should a Council person talk to a committee person or anyone talking down another Council person. As elected officials the Council should get that respect and not make people on committees feel they are above a Council person. C/M Kravitz said if there is any way this could be corrected by memorandum, he would like to do so. Mayor Falck said this has happened once before when a Councilman said that the Mayor did not have the right to assign him to a committee. The Mayor said that volunteers ought to clear their problems with the liaison whenever possible but he does not believe that it can be dictated that they confine all comments strictly to the liaison. However, the Mayor said he will be glad to pull out this memorandum he has on file and route it to other Council members and there can be more discussion if they feel it is necessary. C/W Massaro said they have been talking to scaping of McNab Road and Commercial Blvd. they are preparing plans for consideration. scheduled for next week for discussion of a - 5 - Mr. Theist regarding the land - and she has received word that She said there is a meeting contract for McNab Road. 1/28/82 /pm C/W Massaro said that she would like the City Attorney to be available should discussion concerning the McNab contract come up next week. V/M Disraelly said that when the question of M:cNab Road is brought up the lighting on this road is on 20 foot poles and there is no illumination on the north side of this road as compared to Commercial Blvd. where they are using 40 foot poles. C/W Massaro said she will check this with them. The Vice Mayor said he sent a memo to Council about his trip with the City Planner to the South Florida Water Management District discussing Tamarac Park (Cypress Park) and some of the items discussed were: they would like a firm estimate on the approximate costs for earth stabilization, excavation and fill, creation of a terrace; their only objection to the entire project is the word "amphitheatre" so from now on the word "terrace" will be used. They spoke about stabilization along the waterway where the toilet facility would be placed, etc. and suggested hiring an engineer and an architect in order to have firm figures. They said they would be starting to prepare their budget shortly so the Vice Mayor suggested if Council wants this to be done, to be located east of Pine Island Road, that by February 15 Council should be able to ask someone to prepare Engineering drawings and architectural plans so that preliminary cost estimates can be had by March 15 in order to pre - prepare application to the Water Management District. The final plans coulc then be submitted to them in May because approval could come as early as September if the city can meet that timetable. V/M Disraelly said, if Council has no objection, he would like on the next agenda to put this on for discussion as to whether they should proceed with this and he would especially appreciate any responses to his memo of December 22, December 29 and the new one they have just received. Mayor Falck said he has to attend a meeting in Tallahassee next Friday and he might have to stay over until Saturday. He said the City has received a Certificate of Recognition and he wanted to express publicly his appreciation for work that is being done by Jim Stuurmans and Judv Deutsch in the area of safety. The Mayor said it has been indicated to him by friends in the insurance business that whenever there is an effective safety program you are always in the area of improving your total performance through the area of insurance premiums, etc. and this has shown up in the Workmens' ComPensation Insurance premiums to a con- siderable extent. This will be framed and will be hung and the Mayor will put a brief comment on this in the next Newsletter. C/1V Massaro said this should be hung in the lobby so that the public can see this. The Mayor agreed that this should be done. The Mayor said he attended the 31st Annual Council Meeting of the Broward County Girl Scouts. The topic was "South Florida's Water: Precious and Precarious" and the speaker was Shiela Midow who is the Director of Public Information for the Southl.Florida Water Management District. She indicated that they were interested in redirecting their efforts to emphasis the need for conservation and they directed programs at the younger people so that; hopefully, the younger people would be more interested in water conservation than their parents and grandparents. They had a display of P7erit Badges that they will be awarding to these youngsters who become interested in water conservation. 27. City Attorney Report - No Report - 6 - 1/28/82 /pm MEETING WAS ADJOURNED AT 11:00 A.M. a � , V'\' � MAYIDR ATTEST: ASSISTANT CITY CLERK This public document was promulgated at a cost of $ , or 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. - 7 - APPROVED BY CITY COUNUL ON toy.. 1/28/82 /pm