HomeMy WebLinkAbout1982-05-10 - City Commission Special Meeting Minutes5811 NORTHWEST 88TH AVENUE TAMARAC, FLORIDA 33321
TELEPHONE (305) 722-5900
May 3, 1982
Revised May 4, 1982
SPECIAL MEETING
CITY COUNCIL
TAMARAC, FLORIDA
Please be advised there will be a Special Meeting of the City Council of
the City of Tamarac, Florida, on Monday, May 10, 1982, at 9:30 a.m., in
the Council Chambers of City Hall, 5811 N.W. 88 Avenue, Tamarac, Florida
33321.
The items to be discussed are as follows:
1) Ashmont/Kings Point - Stipulation #12 - Temp. Reso. #2272 -
Discussion and possible action to approve Stipulation #12 with
F & R Builders, Inc.
2) Sabal Palm Country Club Condominiums - Discussion and possible
action on:
a) Site Plan - Temp_. Reso. #2273.
b) Plat - Temp. Reso. #2274.
c) Landscape Plan
d) Developers Agreement - Temp. Reso. #2275.
e) Water & Sewer Developers Agreement
f) Easement for Drainage Purposes - Temp. Reso. #2276.
3) Sabal Palm Golf Course - Revised Site Plan - Temp, Reso. #2278 -
Discussion and possible action on a revised site plan for the
golf course and relocation of the maintenance shed.
4) Sabal Palm Golf Course Clubhouse - Discussion and possible action on:
a Revised Site Plan - Temp. Reso. #2279.
b) Revised Landscape Plan
c) Warranty Deed for Additional Right-of-way for Rock Island Road -
Temp. Reso. #2280.
d) Fire Hydrant Easement - Temp. Reso. #2281.
The Council may consider such other business as may come before it.
The public is invited to attend.
Pursuant to Chapter 80405 of Florida Law, Senate Bill No. 368: Carol A. Evans
If a person decides to appeal any decision made by the city Assistant City Clerk
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 inchu,, s
the testimony and evidence upon which the appeal i:jto be b:,sed.
CITY OF TAMARAC
SPECIAL MEETING
CITY COUNCIL
MAY 10, 1982
CALL TO ORDER: Mayor Falck called the meeting to order at 9:30 A.M.,
Monday, May 10, 1982, in the Council Chambers.
ROLL CALL: PRESENT: Mayor Walter W. Falck
Vice Mayor Helen Massaro
Councilman Irving M. Disraelly
Councilman Philip B. Kravitz
Councilman David E. Krantz
ALSO PRESENT: Laura Z. Stuurmans, City Manager
Alan F. Ruf, Acting City Attorney
Carol A. Evans, Assistant City Clerk
Mayor Falck read the call into thePatricia Marcurio, Secretary
Record.
2. Sabal Palm Country Club Condominiums --Discussion and possible action on:
a) Site Plan - Temp. Reso. #2273.
b) Plat - Temp. Reso. #2274.
c) Landscape Plan
d) Developers Agreement - Tem . Reso. #2275.
e) Water & Sewer Developers Agreement
f) Easement for Drainage Purposes - Temp. Reso. #2276.
3. Sabal Palm Golf Course - Revised Site Plan - Temp. Reso. #2278 -
Discussion and possible action on a revised site plan for the golf
course and relocation of the maintenance shed.
4. Sabal Palm Golf Course Clubhouse - Discussion and possible action on:
a) Revised Site Plan - Temp. Reso. #2279.
b) Revised Landscape Plan
c) Warranty Deed for Additional Right-of-way for Rock Island Road -
Temp. Reso. #2280.
d) Fire Hydrant Easement - Tem-._ Reso;_ #2281.
SYNOPSIS OF ACTION: TABLED to
May 26 Meeting.
V/M Massaro said it has come to her attention that the people from Sabal
Palm were unprepared to pay the Park & Recreation fee of 81-02,0n0; therefore,
they were told that it is Council's policy that the plan will not be examinec
this morning and they requested that it be brought back on May 26th. V/M
Massaro MOVED that the items be removed from the Agenda and TABLED to the
meeting of May 26, SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
5. NW 57th St. and 64th Ave. - Discussion and possible action.
a) to authorize the City Manager to solicit for bids to install 3
left -turn lanes at the intersections which are required for the
traffic signalization.
b) to authorize the solicitation of bids for a contractor to install
the traffic signalization at this intersection.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 6 & 7) .
V/M Massaro MOVED to Agendize by Consent discussion and possible action
regarding signalization at NW 57th St. and 64th Ave. and work that the
City will be involved in. SECONDED by C/M Disraelly.
VOTE : 1 ATJ, VnTFT) AYF.
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5. Intersection of Woodlands and Commercial Blvd. - Discussion and
possi.ble action to authorize the solicitation of bids for
a contractor to install the traffic signalization at this intersection.
SYNOPSIS OF ACTION: Agendized by Consent
(See Page 7)
V/M Massaro MOVED to Agendize by Consent discussion,and possible action
to authorize the solicitation of bids for a contractor to install traffic
signalization at this intersection. SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
7. NW 57th St. and 88th Ave. - Temp. Reso.#2295 - Discussion and possible
action to reconsider Council's prior action, regarding the status
of this intersection.
SYNOPSIS OF ACTION: Agendized by Consent.
(See Page 4 & 5) .
V/M Massaro MOVED to Agendize by Consent discussion and possible action
to reconsider Council's prior action, regarding the status of this inter-
section. SECONDED by C/M Krantz.
VOTE:
ALL VOTED AYE
1. Ashmont/Kings Point - Stipulation #12 - Temp. Reso. #2272 -
Discussion and possible action to approve Stipulation #12 with
F & R Builders, Inc.
SYNOPSIS OF ACTION: APPROVED RESOLUTION NO. R^ PASSED.
Temp. Reso. #2272 with conditions.
(See also pages 7 & 8).
Alan Ruf read the Resolution by title. C/M Disraelly asked Mr. Ruf if
this contract stipulation is assignable. Mr. Ruf said yes, but there are
certain indications that if it is assigned to or property sold to other
adult communities,the.stipulation,with respect to parking,becomes null
and void.
Jim Holland of F & R Builders said the trees would be 40 to 50 feet apart,
a maximum of 5 spaces in the grassed parking area. C/M Disraelly said this
would apply to every tract and not just Ashmont. Richard Rubin said,
shoulc? Council approve the agreement today the revised Site Plan showing
the reserved parking would go back to the Planning Commission for their
recommendation and then back to City Council with the revised Beautifica-
tion plan.
V/M Massaro requested from Mr. Holland a separate agreement indicating
this for the record and files. Mr. Holland agreed to do this. Richard
Rubin said a way to make sure that this requirement is brought on all
future site plans is that F & R has a typical cover sheet that includes
all of the City's standards for garbage enclosure, lighting, etc. V/M
Massaro said this is fine but she would still like to have a separate
letter stating this.
V/M Massaro said on Page 4 of the Agreement she would like to add at the
end of paragraph 4a) "the application for the Cable Television franchise
shall be subject to such rules, regulations, terms and conditions as the
City may then reasonably promulgate for the Cable Television".
Robert Haber, attorney representing
V/M Massaro's comments but question
Stipulation. The Council indicated
F & R Builder said they agree with
whether this should be put into the
that they felt it should
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be included r and Mr. Haber said this would be agreeable. V/M
Massaro said at the bottom of Page 4, last line should be added "in effect
at that time". This was agreed to by Messrs. Holland and Haber. V/M
Massaro said on Page 5, at the end of Paragraph 5 should be added, "in the
event F & R submits site plans for Combined Tracts, then review fees shall
be paid as though a site plan for each Tract had been submitted individually"
Mr. Holland said he is not sure he understands the intent of this. V/M
Massaro said each tract is $600 plus the acreage. Mr. Holland said, in
other words, if they combined two tracts the City would be expecting an
additional $600. V/M Massaro said this is correct and Mr. Holland said
there is no problem with this. V/M Massaro said on Page 7, on the 5th
Line, she suggested crossing out the rest of that sentence on that line
and cross out the next "obligation to". She said, beginning with that
line it should say "F & R shall excavate as provided herein and complete
the canals in accordance with paragraph 8(c) below"; this would eliminate
the words "within the time period provided therein".
Mr. Haber said they accept V/M Massaro's suggestions. Mr. Holland said
concerning the time frame, the 10 days and the 90 days, it is assumed that
these are working days. V/M Massaro said she feels that 3 months and 10
days is adequate time because they have in there the right to come to
Council because of the rainy season causing problems. V/M Massaro said
for the record there are 10 working days for the permit and 0-0 calendar
days are not working days. She said on Page 8 the second paragraph, third
line down it should read "the remaining balance of $60,000 shall be payable
by F & R in 3 equal payments of $20,000 each, 4 months, 8 months and 12
months after court approval of this stipulation or upon final plat and
site plan approval of the recreational facilities referred to in Paragraph
2(c) herein, whichever shall first occur".
Mr. Haber said he conferred with F & R Builders and it was suggested that
approval of the final plat and site plan only had reference to the first
payment of $20,000 and he pointed out that V/M Massaro's suggestions would
trigger the $60,000 payment. V/M Massaro said this should be taken out
then to help clarify this. Mr. Holland said they are waiting for arch-
itectural drawings. Mr. Haber said this should be put back into the
agreement and this will stay as it is.
Alan Ruf read the Resolution by title. V/M Massaro MOVED the ADOPTION of
Temp. Reso. #2272 as amended and has been indicated by the statement
regarding beautification and subject to receiving the letter regarding
the beautification; and before MOVING on this they are prepared to pay
the $40,000 this morning. SECONDED by C/M Disraelly.
VOTE:
ALL VOTED AYE
Mr. Haber said they would write in these minor changes with Mr. Ruf.
Mayor Falck recessed the meeting for 15 minutes to 10:30.
8. Proclamation for the Tamarac Chapter No. 1430 of the A.A.R.P. - Dis-
cussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.
Mayor Falck presented Proclamation.
Mayor Falck asked to Agendize by Consent the presentation of a proclamation
for the Tamarac Chapter No. 1430 of the A.A.R.P., C/M Krantz so MOVED,
SECONDED by C/M Kravitz.
VOTE: ALL VOTED AYE
Mayor Falck officially read the proclamation into the record.
Mayor Falck presented the proclamation to Mr. Smith, President of the
Tamarac Chapter No. 1430 designating May 10 as "Tamarac A.A.R.P. Day"
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7. NW 57th St. and 88th Ave. - Temp. Reso. #2295 -- Discussion and pos-
sible action to reconsider Council's prior action, regarding the.
status of this intersection.
SYNOPSIS OF ACTION: Agendized by Consent. (Page 2)
TABLED indefinitely with a report by V/M Massaro.
Alan Ruf read the Resolution by title. V/M Massaro said at one time they
had passed a Resolution approving that intersection be closed because the
County has indicated through their Engineering Department that it is a
hazard to leave it open and not wanting to be in the position that the
City would face possible liability having gone against their judgment,
Council reluctantly passed this Resolution. Later, it was reported that
the County might reconsider, at which time, in the hope that a traffic
light would be put there rather than the barricade, the City rescinded
the original decision and passed a Resolution urging that a traffic light
be installed there.
V/M Massaro said they have come back, after several discussions and
indicated that they will not put a traffic light in this intersection
since it would create a problem and they felt it was to the best interests
of everyone to close this intersection to traffic but that they would
leave an opening so that persons walking on 57th St. desiring to cross
88th Ave. can do so. She said persons traveling west or east could use
Commercial Blvd. She said for the City to insist on leaving this open
without a traffic light could set a dangerous Precedent and possible
liability.
V/M Massaro said it is the County's desire to barricade 57th St. and they
do agree to cut in the middle so that people walking can cross safely.
C/M Krantz asked if their determination is final with no recourse. V/M
Massaro said they have been recoursing back and forth for 2 years. C/M
Krantz asked how wide the opening for pedestrians would be and V/M Massaro
said it would be whatever the City wants but not big enough for a car to
go through. C/M Krantz concurred that this is a dangerous location. V/M
Massaro said she even offered that perhaps the City might pay for a light
but the County would not do it.
Mayor Falck said each member of Council has been involved in discussions
with the County and the only real concern he has is that there are other
places in the County that have these double traffic lights but since they
cannot get the County's cooperation and the hazardous condition still
Pape prevails, he would support the recommendation to close this intersection.
2
Florence Dochenek said she is aware that this intersection is dangerous
and that the County Commissioner was of no help in this matter, but she
would like to see this matter deferred until such time as possibly the
City can get some help in this direction. She said by closing 57th St.
the City would be losing another artery within the City.
V/M Massaro said her major concern is that someone will be killed in this
location and the County continues to warn the City that this should be
closed and if the City disregards their recommendation and does not -allow
them to close this the City then has the liability for this. Mrs. Bochenek
asked V/M,.Massaro if this road is closed will the City ever, have an
opportunity to possibly change it. V/M Massaro said there is always an
opportunity to change anything.
Maury Fishman of Bermuda Club said he has been trying to get a traffic
light in this location for three years and it is very difficult. Abraham
Meltzer, member of the Board of Directors of the Tamarac Jewish Center said
he is opposed to closing this intersection as is the President of the Center
Sol Schulman. Mr. Schulman's reason for opposing this is there are
several people who come from the east side of 88th Avenue that do not ride
on the Sabbath and must walk. V/M Massaro said they can still cross there.
Mr. Meltzer said those who leave the temple by car would have to go around
this if it were closed. Mr. Schulman suggested that perhaps a blinker light
might solve the problem. V/M Massaro said this would create a worse situatic
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Mr. Meltzer said he would suggest that since this matter is of such
controversial nature, a public hearing be held to allow people to voice
their opinions. V/M Massaro said the problem with that is that whatever
the people decide would not change the liability factor and a severe
accident there could be devastating since the City would be going against
the recommendations of the County.
C/M Kravitz said in light of the discussion, he would MOVE to TABLE this
item until the May 26 meeting. C/M Krantz said no one has mentioned the
problem of people leaving the Sunrise Musical Theatre at a time when there
are people leaving the temple. There are hundreds of cars speeding in
this area and this is dangerous and would be more hazardous if this
intersection is closed.
Melanie Reynolds said two things that have not been considered are the
people who have businesses in Plaza Del Sol who would suffer by not having
the sufficient access to their stores. Another thing is the City's ten
acres of property there which could be harmed by having this intersection
closed; therefore, a public hearing should be held to allow the people a
voice in it. She said this was agendized today and the people have a right
to know and she feels since V/M Massaro is working with this,her support
of the County is out of order.
V/M Massaro said she is supporting Tamarac and her concerns are for the
people of Tamarac that might be killed at this intersection. She said as
far as the City's land in this area, there is no way that this land would
be harmed. V/M Massaro said she would continue
to ask for a light at the street that comes out of the temple to Commercial
Blvd. C/M Disraelly said it is a shame that with all the engineering
ability available they cannot come up with a solution for that but it
would be helpful for V/M Massaro to bring back a report to the Council
pertaining to that and that this item be TABLED now until a determination
is made.
C/M Krantz suggested this be tabled until the meeting in early July when
all of Council will be present. V/M Massaro said this would be too late
and would run into the Budget time and she would like to see it approved
subject to them installing that light and that the City would pay for the
installation.
Mayor Falck said enough questions have been raised I and this ought to
be published as an agenda item but no action should be taken until then.
C/M Disraelly amended the MOTION to TABLE this with a:report from the
Vice Mayor after discussion with the County. C/M Krantz. SECONDED the
MOTION. C/M Kravitz said he had previously proposed a MOTION to TABLE,
and Mayor Falck said he is still recognizing that as his MOTION. C/M
Disraelly said there was no SECOND to C/M Kravitz's MOTION, therefore,
he amended the MOTION to tie in with V/M Massaro's report. Mayor Falck
said the Chair will rule that this is an amendment to the MOTION and C/M
Krantz SECONDED.
VOTE: C/M
Krantz
Aye
C/M
Kravitz
Aye
C/M
Disraelly
Aye
V/M
Massaro
Nay
Mayor Falck Aye
V/M Massaro said she would like to know from Council,if there is a possi-
bility of getting a light with the City paying for the installation, would
Council be agreeable? Mayor Falck said she should get the best possible
offer from the County and come back to Council with that. Mayor Falck said
the County is the one responsible for taking this action and they have not
come up with a satisfactory plan and one of .the possibilities to be invest-
igated was the installation of a walklight there. Mayor Falck asked the
Vice Mayor to mention this possibility with the County as well.
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5. Traffic Lights - Traffic Si nalization on NW 57th St. and 64th Ave.
Discussion and possible action.
SYNOPSIS OF ACTION: Agendized by Consent.(Bage 1)
V/M Massaro is to continue her negotiations
with Broward County to the end.
V/M Massaro said she has been negotiating with the County on this and
the County is aware that this is a dangerous intersection and whatever
they have done has not helped very much. She said the County said if
they were to install the lights at their cost, the City would have
to get at the end of the line and this would be sometime in the period
of the new budget. V/M Massaro said the money may not be in the new
budget and the only other avenue would be that the City assume the
responsibility; the County is willing to furnish the equipment for this
light and they will inspect it and watch the installation, the installation
itself would be the City's responsibility.
V/M Massaro said -the cost of this is between $10,000 and $12,000. In
addition, she said, there are four left -turn lanes necessary there. One
would be at the County's expense because it is on the opposite side of
the street and is not Tamarac. She said she will still try to get the
County to at least assume part of the expense, they have indicated that
the City has to pay for the three left -turn lanes which could cost from
$10,000 to $12,000. She said she is hopeful that with further negotia-
tions with the County they might be willing to do it if the City paid for
the material and they would pay for the labor.
V/M Massaro said that up until now they have not indicated that they are
willing to do it at all but she is hopeful they will assume part of the
costs. V/M Massaro MOVED that she continue her negotiations with Broward
County to the end
- that Broward County construct the three left -turn lanes and the
appropriate traffic signalization be furnished by them at the inter-
section of 57th St. and 64th Ave.
- the installation would be the responsibility of the City.
that V/M Massaro be authorized to make the best possible arrangement
for said construction of these left -turn lanes including the possi-
bility of the County supplying the labor and the City supplying the
material.
in the event V/M Massaro is unsuccessful in these negotiations, that
the City Manager be authorized to solicit for bids to install the three
left -turn lanes•
C/M Disraelly said that the motion should say that there will be four
left -turn lanes installed and V/M Massaro amended her MOTION to say four
left -turn lanes are needed but the County has already agreed that they will
install one. SECONDED by C/M Krantz.
C/M Disraelly said in 'the motion V/M Massaro started out by saying that
they shall construct the left -turn. lanes. V/M Massaro said she will hope
for that, failing that she will then try to have them agree that they
will supply the labor and the City will supply the materials for the
left -turn lanes. They will also supply the equipment for the traffic
signalization and the inspections during the installation.
V/M Massaro said the cost would be approximately $10,000 to $12,000 with
$10,000 to $12,000 additional for the left -turn lanes. V/M Massaro said
the County said that $10,000 to $12,000 should cover this. She said they
spoke as though $24,000 were a cap and that it might be less, and in any
event it would still go to bid and come back to Council.
C/M Disraelly said this is the first time that the City has been concerned
with the cost of signalization. Up until now, this has been turned over
to the County for maintenance of Stop signs, etc. Mayor Falck said what
protects the City, protects the people. C/M Disraelly said if they are
going to pay $24,000 to protect these people he feels they should pay the
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same to protect everyone and V/M Massaro concurred with this.
VOTE:
ALL VOTED AYE.
V/M Massaro MOVED to authorize the City Manager to go to bid for the
solicitation for a contractor to install the traffic signalization at
this intersection. SECONDED by C/M Disraelly.
VOTE: ALL VOTED AYE C/M Kravitz absent for vote.
6. Intersection of Woodlands and Commercial Blvd. - Discussion and
SYNOPSIS
possible action to authorize the solicitation of bids for a
or to install the traffic signalization at this intersection.
OF ACTION: Agendized by Consent. (Page 2).
Authorized them for solicitation of bids
for a contractor to install the traffic
signalization at this intersection. APPROVED.
contract-
V/M Massaro said at this intersection it would cost $10,000 to $12,000
for the installation of the light. They would furnish the traffic light
and equipment and would take care of the inspections. V/M Massaro said
if this is approved as well as 57th and 64th Ave. the traffic lights
could be installed as early as 45 days, otherwise it could take a long
time and so MOVED. C/M Krantz said he thinks the City should proceed
with dispatch since this would be very beneficial to the two communities
involved.
C/M Disraelly said he would SECOND the MOTION because there is a problem
getting out of Woodlands Blvd. He said the people who live in the un-
incorporated area to the north will also gain by that and he repeated that
if $12,000 could be spent for people in Bermuda Club, the Woodlands then
it can be spent elsewhere.
Mayor Falck said the County is placing the City in a position whereby
they will have to pay to protect their people. He said the County does
very little for the people and when it comes down to it the people get
their help from City Hall.
VOTE:
ALL VOTED AYE
'_'ape 1. Ashmont/Kings Point - Stij2ulation #12 - Tem Reso. 02272 - Dis-
3 cussion and possible action to approve Stipulation 412 with F & R
Builders, Inc.
SYNOPSIS OF ACTION: APPROVED
with conditions. (See Pages '2 & 3).
Alan Ruf said corrections concerning Stipulation #12 have been made and
he has distributed to Council Pages 4, 5 and 7, as well as a copy of a
letter requested by C/M Disraelly regarding the trees in the set -aside
areas. This letter was APPROVED.
Mr. Haber reviewed the changes to Stipulation #12 approved by
Council (Pages 2 & 3):
- On Page 4, Paragraph 4(a) a new sentence was added: "the application
for the Cable TV franchise shall be subject to such rules, regulations,
terms and conditions as the City may then reasonably promulgate for the
Cable TV franchise".
On Page 4, Paragraph 4(b) "facilities consistent with the City's
Ordinances "in effect at that time" and site plan approval upon that
portion of Tract 33 described on Exhibit C provided".
- Page 5, Paragraph 5 a new sentence was added: "in the event F & R submits
site plans for Combined Tracts, then review fees shall be paid as though
a site plan for each Tract had been submitted individually".
- Page 7, Line 5 "Except F & R shall excavate as provided herein and
complete the canals in accordance with Paragraph 8(c) bal_nw".
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/Pm
- Subsection (c), Paragraph 8 after the word "ten" insert "working".
After "ninety" insert the word "calendar".
- F & R presented a check for $40,000.
- Remaining balance of fees to be paid in 3 equal payments of $20,000.
Mr. Haber asked if Carol Evans, Assistant City Clerk could sign for the
check as representative of the City Clerk and this was agreed upon by
Council.
Mayor Falck adjourned the meeting at 11:50 A.M.
ATTEST:
CITY OF T rZA.0
City Clerk
I0' N--d
`r
O.
This public document was promulgated at a cost of 10S.j 7 or 3, 141
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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