HomeMy WebLinkAbout1980-12-16 - City Commission Workshop Meeting Minutesl- J
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5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321
TELEPHONE (305) 722-5900
December 12, 1980
NOTICE OF WORKSHOP MEETING
CITY COUNCIL
TAMARAC, FLORIDA
PLEASE BE ADVISED OF A WORKSHOP MEETING OF THE
CITY CONNCIL to be held on Tuesday, December
16, 1980 at 10:30 A.M. in the West Conference
Room of City Hall.
The Council will discuss and receive input on
the Broward County Road Construction Agreements
which have not been acted on by.the City Council.
The City Council may discuss such other business
as may come before it.
Marilyn ert olf
City Clerk
CITY OF TAMARAC, FLORIDA
CITY COUNCIL
WORKSHOP MEETING
BROWARD COUNTY ROAD CONSTRUCTION AGREEMENTS
December 1.6, 1980
CALL TO ORDER: Mayor Falck called the meeting to order on Tuesday,
December 16, 1980 at 10:30 A.M. in the West Conference Room of
City Hall.
ROLL CALL: PRESENT: Mayor Walter W._Falck
V/M Helen Massaro
C/M Irving M. Disraelly
C/W Marj-orie Kelch
C/M Irving Zemel
ALSO PRESENT: Edward Gross, City Manager
Arthur Birken, City Attorney
Clerk/Steno, Mimi Reiter
Mr. Birken indicated that these agreements have been around since the
beginning of 1979; he has written numerous memoranda analyzing the
agreements and in addition he sent Council a copy of a letter from
Mr. Brady who is the City Attorney of Lauderdale Lakes dated May 27th
of this year analyzing these agreements.
He said there are a number of agreements that have been presented to
the City of Tamarac on Prospect Road, N.W. 31st Avenue, US 441 and
McNab Road(which may be a beautification agreement). He believes
Commercial Blvd. was taken care of. Mr. Birken stated that he has not
received any comments from the County subsequent to his communication
of _May, 1980. He said the County has not
rewritten any of these agreements and he doesn't think they will
despite Tamarac's problems as well as the problems of Lauderdale Lakes
and a number of other cities with -Erie agreements. If a project
is needed badly enough, then a decision has to be made; the road con-
struction agreements themselves are quite objectionable. Mr. Birken
mentioned that many of the things that the County wants to do, we
would be doing anyway such as looking at lights when the Police Depart-
ment is on patrol. The County wants to put the burden on us if we
don't report it and there is an accident because there is not enough
light; we can be sued for not reporting it properly.
Mr. Gross reported that the main road lights are not standard FPL
lights and they will not work on them.
C/M Disraelly said if the street lights are out, side streets as well
as principal streets, the Police Department may be reporting them.
Mr. Gross indicated that if it is a matter of a main street light, it
is.called into the County.
C/M Disraelly asked Mr. Gross to check with Mrs. Bee Sherman of the
Engineering Department to change that procedure, because at this
minute Mrs. Sherman is calling everything in according to his under-
standing to the Florida Power & Light Company.
Mr. Gross stated that his office also receives these calls.
Mr. Birken said the big problem is if the stop signs are down, traffic
lights m a y not be functioning properly and then the responsibility
changes from the County to the City under the proposed agreements.
Mayor Falck asked Mr. Birken to indicate to Council what the alternatives
might be.
Mr. Birken reported that what we have done to date seems to be working
out alright; our objections to the agreements are on record and the
County has chosen to .ignore our objections to date. If and when they
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are ready to proceed with the project, we will look at that project
and handle it at that time and not approve all the agreements right
now. Mr. Birken said we have an on -going item on the pre -agenda
meetings, but we should not approve agreements in advance that we
find objectionable.
Mayor Falck said he doesn't think we should approve these in advance;
they should not be approved until we absolutely have to approve them.
Mr. Birken furthermore believed that the County will build the
roads, they may not put in street lights and they may not put in
landscape irrigation with the agreements, but he believes that the
County will move forward and build the roads and Council's decision
will probably be only on the beautification agreements and the
illumination agreements and those are less objectionable as written
than the road construction agreements themselves.
V/M Massaro asked if there is anything the County is saying to us now
that they are not going to do unless the agreements are brought in.
Mr. Birken replied that we haven't gotten any correspondence from
Broward County since May of this year.
V/M Massaro said she is not sure about McNab Road, but Council has
looked at all the others.
Mr. Gross indicated that the County gave us McNab at one time, but
nothing was done about it because they originally wanted to put in
other things and the City told them, "No." Mr. Gross asked if Florida
Power & Light is required to install lights anywhere that we ask them?
He further indicated that when we are finished, we may
even be better off having FPL put the lights in rather than the
County, because the County light is a special light which cannot
be reached by FPL because it is so high.
V/M Massaro said she thought we had to let them put them in because
there are roads they are going to take over such as Commercial Blvd.,
McNab Rd. and University Drive.
Mr. Gross asked why we should have to sign any of the agreements then?
V/M Massaro said she didn't know there was anybody pressing us right
now to sign anything.
Mr. Birken stated that he is not recommending that Council sign any
agreements; we are discussing this today because this is an item that
keeps coming up at the pre -agenda meetings and Council asked
about the current status and that maybe it should be discussed in a
workshop.
C/M Disraelly said he read in the paper that the County said they are
going to build the roads, but if the City doesn't sign the lighting
agreement, then they willnotputthe lights in and will not provide the
wiring for the lights.
C/M Disraelly also said if they don't provide the wiring for the lights
and the sidewalks go in, etc., we may have a problem at a future date
to get an easement from somebody to put the wiring in outboard of the
sidewalk or the sidewalk may have to be torn up.
Mr. Birken indicated that the sidewalk may have to be torn up as he
doesn't think there are publicly dedicated rights -of -way.
V/M Massaro stated that lines can be gotten across the whole street
without tearing it up.
C/M Disraelly said if he read a newspaper article correctly, they were
going to build the road, but they will not provide any illumination.
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Mr. Birken mentioned that 441 is a State and Federal Road and that
they have responsibilities in those areas also.
Mayor Falck said Mr. Gross has indicated that if the County doesn't
put them in, we can order them; we have to pay the bills for light-
ing regardless, it doesn't matter whether they are FPL or County
lights.
V/M Massaro said she thinks that some of this is a threat, because
they continue to do all the things that they say they are not going
to do anyway, but it they don't put the lights in, we can have the
FPL pul them......
Mr. Gross said there is a reason for all of this and the real reason
is the fact that the bond issue is a set amount of money that they
have to go with in the original plans and they must complete the
roads; because of inflation, they don't have enough money today to
do the beautification and all the lights they requested before. He
believes that this is an easy way out for them. Mr. Kauth said they
did not put the beautification in there and the lights were not
going into McNab Road if they don't have an agreement with the City
of Tamarac.
V/M Massaro stated that the City should be careful of that
agreement as it pertains to beautification on McNab Road because
most of McNab Road doesn't belong to us.
Mr. Birken said we would only be responsible for maintenance of
McNab Road within the City limits.
V/M Massaro said the County is not doing maintenance on Commercial
Blvd.
C/W Kelch said that when those original beautification and lighting
agreements came through on Commerical Blvd. they were absolutely
wrong because they were giving us responsibility in areas that
_
didn't even belong to us.
V/M Massaro indicated that Mr. Gross was with her down at the County
when the County made it very clear that they did not do any main-
tenance of the medians; the most they would do is occasionally cut
down the grass if it is high, but they will not do maintenance.
She said we should not pick up this tab for the County.
Mr. Birken said we can tell them what we want, where we want it,
they put it in and then we will have to maintain it; they will do
whatever we want.
Mr. Gross said there are already x amount of lights on McNab Rd.
and they will be of some value.
Mayor Falck stated that we should agendize it at the meeting follow-
ing the next meeting and take it off the agenda and as problems
arise in connection with this, we will address it at that time.
V/M Massaro told Mr. Gross that there are a few lights on.C.ommercial
Blvd. that the City is -already paying f-or-and FPL did call us as to
whether or not they are to be removed and she advised them that the
City Manager would be in touch with them. She thinks they should be
removed because the new lights certainly are adequate and the
original ones don't serve a purpose any more; it is double lighting
now.
There being no further discussion, the meeting was adjourned at
11:30 A.M.
ASSISTANT CITY CLERK
This public document has been promulgated at a cost of $43.98,
or $1.75 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.
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