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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. - 1 - 5/10/82 /pm 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 5/10/82 /pm 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" - 3 - 5/10/82 /pm 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 4 - 5/110/82 /pm 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. - 5 - 5/10/82 /pm 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 - 6 - 5/10/82 /pm 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". - 7 - 5/10/82 /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. -- 8 - 5/10/82 /pm