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.
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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. .
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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.
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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.
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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
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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.
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