HomeMy WebLinkAbout1990-01-11 - City Commission Special Meeting MinutesCITY OF TAMARAC
CITY COUNCIL SPECIAL MEETING
THURSDAY, JANUARY 11, 1990
CALL TO ORDER: Mayor Abramowitz called this meeting to Order on
th ursday, January 11, 1990 at 2:30 P.M. in Conference Room #1 (City
Clerk's Office) .
PRESENT:
Mayor Norman Abramowitz
Councilman Bruce Hoffman
Councilman Henry Rohr
Councilman Jack Stelzer
ABSENT AND EXCUSED:
ALSO PRESENT:
Vice Mayor Dr. H. Larry Bender
John P. Kelly, City Manager
Richard Doody, City Attorney
Ken Burroughs, Finance Director
Dina McDermott, Assistant to the
City Manager
Pauline Walaszek, Special Services
Secretary
1. MOTION TO APPROVE a model sales facility for GREENVIEW
APARTMENTS -for a six-month period from 1/11/90 to 7/11/90.
(tabled on 1/10/90)
SYNOPSIS OF ACTION:
AGENDIZED by Consent.
APPROVED.
1'
C/M Hoffman said at the City Council meeting held last
evening, he requested this Item be Tabled until the
criteria for the facility was reviewed. He said he
reviewed the criteria with the City Manager, City
Attorney and Community Development Director and he was
satisfied that the criteria complied with the City Code.
He asked that this Item be reconsidered and acted upon.
C/M Hoffman MOVED to AGENDIZE this Item by Consent as Item 1,
SECONDED by C/M Rohr.
VOTE:
ALL VOTED AYE
City Attorney Doody said the Motion for this Item would
be to Approve the granting of a model sales facility for
the Greenview Apartments. He said he met with C/M
Hoffman regarding this matter and the provisions in the
Code were reviewed. He said staff felt that the criteria
was met by the applicant and staff recommended approval
of the permit being issued.
C/M Hoffman MOVED to APPROVE this Item, SECONDED by C/M Rohr.
VOTE:
ALL VOTED AYE
2. MOTION TO ADOPT Temp. Reso. #5665 authorizing the appropriate
City officials to execute a Letter of Commitment with the
Florida Recreation and Park Association, Inc., pertaining
to the Florida Winning Recreation Alternative Program
(W.R.A.P.) to Alcohol and other Drug Use Grant Program.
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SYNOPSIS OF ACTION: RESOLUTION NO. R--90-15 - PASSED
AGENDIZED by Consent.
APPROVED.
* C/M Hoffman MOVED to AGENDIZE Temp. Reso. #5665 this Item
* by Consent as Item 2, SECONDED by C/M Stelzer.
At 2:45 P.M., Dan Wood, Chief Building Official, ENTERED
the meeting.
VOTE: ALL VOTED AYE
City Manager Kelly said the City was awarded a grant
program through the Florida Recreation and Park
Association. He said the City would have a Prevention
Resource Specialist visiting the parks facilities. He
read the first two paragraphs of the Letter of Commitment
as follows:
"In an effort to guide youth in Florida away from drug and
alcohol abuse, the Florida Recreation and Park Association
has acquired a grant from the Governor's Office to provide
alternatives to drug and alcohol abuse through parks and
recreation. It is a goal of this grant to implement
prevention activities and recreation programs throughout
the State and provide youths with alternatives to drug use.
We would like to congratulate the City of Tamarac Public
Works and Recreation Department on being selected to
receive the technical assistance specified for the drug
prevention program. Your role as a model program will
be critical for all Parks and Recreation Departments in
the State of Florida, as well as a model in the Country
as Florida is the only State offering such a program.
The success of your program may affect similar endeavors
in the future."
City Manager Kelly said there was a Letter of Commitment
to be signed by the Mayor and City Manager which woulc
serve to clarify the expectations. He said the letter
provided for the specialist, powers of the contact person
to assist the City in identifying community contacts, the
recreation staff would be provided with training in drug
prevention procedures and any drug prevention information
would be submitted to the City, such as posters, videos,
books, etc.
City Manager Kelly said the main contact person would be
the Office Administrator in the Public Works Department
who would work closely with the specialists and oversee
the implementation of the drug prevention program. He
said all recreation staff involved in implementing the
program would be attending special training sessions with
the contact person. He said the program would be
evaluated at three recreation centers in the area and the
program would serve approximately 1,685 youths.
City Manager Kelly said because of the concern in the
communities about drug and alcohol abuse it was very
important that a recreation program such as this be
implemented. He said this would be a benefit to the
residents and youths in the City and he recommended
approval.
At 3:50 P.M., V/M Bender ENTERED the meeting.
City Attorney Doody read Temp. Re so. #5665 by title.
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* C/M Stelzer MOVED to APPROVE Temp� Reso. #5665, SECONDED by
* C/M Rohr.
At 3:51 F.M., Fire Chief Ray Briant, ENTERED the meeting.
VOTE: ALL VOTED AYE
3. MOTION TO APPROVE the attendance of Fire Chief Raymond
Briant at tie Florida Fire Chiefs Association meetings on
January 14, 15 and 16 in Ocala, Florida, at an approximate
cost of $200.00 for food and hotel and $50.00 for travel.
SYNOPSIS OF ACTION:
AGtNDIZED by Consent.
APPROVED.
City Manager Kelly said during the budget process all of
the trips necessary in the departments were identified;
however, the Florida Fire Chiefs Association was not
identified and it would be a quarterly meeting to be held
on January 14, 15 and 16, 1990 in Ocala, Florida. He
said the Fire Department had the adequate funds to
accommodate the expense and the approximate cost for food
and hotel would be $200.00 and travel costs would be
approximately $ 50.00.
City Manager Kelly said Fire Chief Briant, being the
previous President of the Broward Association of
Firefighters and the Southern District Representative,
was asked to attend these meetings. He said City Council
approval was required for those employees that would be
leaving the City overnight and he recommended approval.
C/M Rohr MOVED to AGENDIZE this Item by Consent as Item 3,
SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
C/M Rohr MOVED to APPROVE the Fire Chief's attendance at the
Florida Fire Chiefs Association meetings in Ocala, Florida
scheduled for January 14, 15 and 16, 1990 at an approximate
cost of $200.00 for food and hotel and approximately $ 50.00
for travel expenses, SECONDED by C/M Hoffman.
VOTE:
ALL VOTED AYE
4. DISCUSSION AND POSSIBLE ACTION regarding a proposed
Contract between the City of Tamarac and Public Advertising,
Inc., for erecting and maintaining bus shelters within the
city.
SYNOPSIS OF ACTION:
DISCUSSION was held and amendments to
the proposed Contract were suggested.
City Manager Kelly said Dana McDermott, Assistant to the
City Manager, has been working with the various people
involved with this matter; therefore, he would like her
to make the presentation.
Mayor Abramowitz asked Sidney Gold, Director of Public
Advertising, Inc., to join the City Council and staff at
the meeting table.
City Manager Kelly said there was an existing Contract
for bus shelters with Public Advertising, Inc., in effect
for approximately 3 years and there were approximately 2
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years remaining. He said the proposal from Mr. Gold was
to continue the Contract by extending it after the 5
years.
Mrs. McDermott said the backup distributed to the City
Council contained the original bus shelter Agreement
dated September 9, 1987. She said all of the Agreements
were adopted by Resolution and Resolution R-87-294
adopted the existing bus shelter Agreement. She said
there was an Addendum to the Agreement dated September 9,
1987, and there was a second Addendum to the Agreement
dated September 23, 1987, Resolution R-87-329. She said
the City Council received the backup information for the
contracts that were existing and on file.
Mrs. McDermott said when staff reviewed Mr. Gold's recent
proposal and the existing contracts, they felt that it
would be beneficial to the City to have a Contract which
incorporated all of the existing terms and conditions as
well as set new ones to protect the City and Public
Advertising, Inc.
Mrs. McDermott said the cover sheet listed areas of
concern by Mr. Gold. She said the Agreement could be
reviewed line by line, if the City Council preferred.
Mrs. McDermott said there were 2 existing years remaining
on the original Agreement with Public Advertising, Inc.
She said Mr. Gold recently submitted a proposal to the
City which suggested that the existing Contract be
extended for another 5 years by which the City would
receive additional revenue per bus shelter.
Mayor Abramowitz said he reviewed the concerns expressed
by Mr. Gold; however, he would like the City Council to
review the Agreement line by line and express their
concerns. He said if Mr. Gold had concerns with specific
items during the review of the Agreement, those concerns
could be discussed at that time.
Mayor Abramowitz said if there were differences of
opinion regarding the Agreement, nothing could be
enacted. He said he would prefer to act on the entire
Agreement as opposed to section by section.
City Attorney Doody said that the Agreement should be
adopted by Ordinance; therefore, the adoption of the
Agreement would be enacted after there were two readings
of the Ordinance.
C/M Hoffman said he would like another item added to the
list of concerns. He said he would like Item 11 added
indicating that every shelter would have benches
installed. He said this matter was not in the Contract.
Mayor Abramowitz asked if C/M Hoffman wanted benches or
two molded seats in the shelters.
C/M Hoffman said he would like benches to provide seating
for at least two people in each shelter. He said how
this was accomplished was up to Mr. Gold; however, he
would like the shelters to have seating available.
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1
1
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Mayor Abramowitz said he would like the benches short
enough so that people could not sleep on them.
City Attorney Doody suggested that this matter be added
to the Agreement which indicated the specifications of
the shelters. He said when this section was under
discussion, the matter could be addressed.
At this time, the City Council read Pages 1 and 2 of the
Agreement.
City Attorney Doody said Page 2 would allow the prior
provisions to be rescinded and new provisions were to be
enacted.
Mayor Abramowitz asked if the City Council would prefer
to have the sections read out loud and C/M Stelzer
suggested that the City Council read the sections to
themselves, then discuss their concerns of each section.
Mayor Abramowitz said the Pages would be read one by one
and, after reading of the page, the City Council could
discuss their concerns.
Referring to Page 3, Mrs. McDermott said Exhibit "A" was
an original City map dated 1977 and the bus shelters
indicated on the map were from 1987. She said the bus
routes have been changed since then and staff was
suggesting that there be a new and updated Exhibit
which would be worked on by staff, Mr. Gold and the
Broward County Mass Transit. She said Broward County
Mass Transit would be submitting a list of the new routes
and bus stops by specific locations. She said the
Exhibit would include future locations.
City Attorney Doody said the creation of the new map
would be an involved process. He said in the future,
Exhibit "A" would reflect the existing sites and the map
would be submitted to the City Council for review. He
said if there were problems with the sites for the
shelters, changes could be made at another City Council
Workshop or Special meeting.
Mayor Abramowitz had concerns with this matter being
handled appropriately at this meeting. He recommended
that the City Council review the Agreement, make their
suggestions and adjustments, provide the Agreement to Mr.
Gold to either accept or deny the Agreement. He said he
did not want to take Mr. Gold's rights away; however, the
matter had to be handled in an orderly and legitimate
fashion.
V/M Bender had concerns with the information in Exhibit
"A" because there were only 14 bus shelter locations and
City Attorney Doody said there would be a new Exhibit "A"
provided to the City Council with the appropriate
information.
City Attorney Doody said the Exhibit "A" before the City
Council was an old Exhibit for the old Contract. He said
this Exhibit was submitted to the City Council as backup;
however, there was no intent to use this Exhibit. He
said a new Exhibit "A" would be submitted to the City
Council for review once it was created.
Mayor Abramowitz asked if only 14 bus shelters would be
allowed in the City and Mrs. McDermott said the existing
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Exhibit "A" indicated future sites, which was a total of
approximately 100 shelters.
V/M Bender said the future sites pertained to bus stops
and his concern was with bus shelters, not bus stops.
City Attorney Doody asked how many bus shelters the City
Council wanted in the City. He said the City would
continue with the existing bus shelters as well as new
bus shelters which would be listed in a forthcoming
Exhibit "A".
V/M Bender said the City Council should decide how many
bus shelters should be in the City and City Attorney
Doody said this information would be submitted to the
City Council at a future date.
C/M Hoffman asked how many bus shelters Mr. Gold could
have in the City if the City Council decided not to
approve Mr. Gold's proposal.
Mrs. McDermott said Mr. Gold presently was allowed to
erect 21 bus shelters and one bus shelter was not owned
by Public Advertising, Inc.; therefore, there were 22
shelters in the City.
Mayor Abramowitz said he understood that there was a map
indicating under the original Contract that Public
Advertising, Inc. was entitled to approximately 100 bus
shelters.
City Attorney Doody said the company was entitled to t'ie
number of bus shelters reflected in Exhibit "A".
City Attorney Doody said he understood that the existing
Exhibit "A" reflected more than 14 bus shelters. He said
he did not know how many bus shelters were approved with
the original Contract.
Mrs. McDermott said the addresses in the backup indicated
22 existing bus shelters, one of which did not belong to
Public Advertising, Inc.
Mrs. McDermott said she received information from the
City Clerk regarding Exhibit "A" and she read the
following memo:
"On September 9, 1987, the City Council adopted Resolution
R-87-294 which approved an Agreement and Addendum with
Public Advertising, Inc. All conversation during this
meeting referred to 100 or approximately 100 bus shelters
in the City, Resolution and minutes attached. I sent you
about a week ago, a copy of the bus stop and bus shelters
map dated 8/7/87 marked, "Exhibit A".
It is my opinion that "Exhibit A" is the "Exhibit A" mentioned
in the Addendum under Article II, Company Obligations,"
Mrs. McDermott said the backup should contain those
minutes.
V/M Bender said he reviewed the minutes and a supposition
was made by C/M Rohr. He said the verbiage did not
indicate a statement of fact.
City Attorney Doody said the minutes and the Exhibit were
clear in reflecting the existing bus shelters and the
intention to place additional shelters at specified
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areas. He said the City could require a bus shelter at
each one of the stops.
Mayor Abramowitz said he asked the City Attorney if Mr.
Gold had a Contract for bus shelters with the City and
City Attorney Doody said Public Advertising, Inc., did
have a Contract for bus shelters with the City.
Mayor Abramowitz said he asked the City Attorney if Mr.
Gold had 100 to 150 bus shelters which he could place in
the City contractually and City Attorney Doody said he
believed this to be true.
City Attorney Doody said there was an Exhibit A which
indicated the existing bus shelters and sites where
future bus shelters would be placed. He said he was
asked if Public Advertising, Inc., had vested rights to
the areas for future bus shelters and he answered by
stating that he believed Public Advertising, Inc., had
vested rights to those sites listed in the Exhibit.
Mayor Abramowitz said City Attorney Doody informed him
that Public Advertising, Inc., had the right to place bus
shelters in the areas indicated for future shelters.
V/M Bender asked how this assumption was arrived at and
City Attorney Doody said the minutes reflected the
administrative history and there was an Addendum to the
original Agreement which was adopted by Resolution
R-87-294, Article II, which stated, "The Company (Public
Advertising, Inc.) shall erect and maintain bus shelters
to be placed at certain designated areas as per the
attached Exhibit".
City Attorney Doody
said the
minutes indicated C/M Rohr
stating that eventually
there
would be approximately 100
bus shelters.
V/M Bender said this
was the
only statement he saw in the
minutes which was a
statement
of opinion and City
Attorney Doody said
he could
only guess that C/M Rohr was
referring to Exhibit
A, which
indicated approximately 100
sites for future bus
shelters.
V/M Bender said he did not see 100 future sites on the
Exhibit; therefore, he did not understand why this
statement was made.
Mayor Abramowitz said based on the City Attorney's
opinion, Public Advertising, Inc., had vested rights for
future bus shelters in the City. He said the company did
not have an exclusive Contract with the City and City
Attorney Doody agreed.
Mayor Abramowitz said the City Council should continue
reviewing the Agreement and express their opinions.
C/M Rohr said he did not understand what the difference
was in how many bus shelters there would be in the City.
He said the final Agreement would itemize the conditions
on any shelter in the City.
Mayor Abramowitz said there was another offer proposed tc
the City which provided better benefits. He said when
the matter was discussed, there was a question about why
the better offer should not be taken. He said the legal
opinion was that Public Advertising, Inc., had a Contract
with the City, which would be in existence for another 2
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years. He said this allowed Public Advertising, Inc., to
install the bus shelters during that time and, after
weighing the benefits from the other offer, the benefits
amounted to the same. He said there could be possible
litigation if the City contracted with the other company.
He said as per the facts and the City Attorney's
opinion, a lawsuit could be avoided.
The City Council continued reviewing the Agreement from
Page 3 of the proposed Contract.
Mayor Abramowitz asked what would occur if electricity
could not be placed in the bus shelters.
Mr. Gold said illumination in the shelters was up to the
City and Mayor Abramowitz asked if Mr. Gold objected to
having lighting in the shelters. Mr. Gold said having
lighting in the shelters was no problem.
Mayor Abramowitz said this matter was a great concern
several years ago and Mr. Gold agreed.
Mayor Abramowitz said he would like the record to
indicate that Mr. Gold, the representative from Public
Advertising, Inc., stated that illumination could be
placed in the shelters, if available, at no cost to the
City.
City Manager Kelly said the Contract specified that
Public Advertising, Inc., would be responsible for all
costs pertaining to the shelters.
Mayor Abramowitz said he knew this; however, he wanted to
make sure that this was stated for the record because a
condominium association was asked to donate $100.00 for
lighting in a shelter at their location. He said he did
not want this to occur in the future.
The City Council reviewed Page 4 of the Contract.
City Manager Kelly said that this page contained a
concern by Mr. Gold and Mayor Abramowitz said the City
Council was reviewing the Contract for their concerns
only.
Mayor Abramowitz said the City Council would review the
Contract and submit it to Mr. Gold to either approve or
disapprove the conditions.
C/M Stelzer asked if the City would be receiving revenue
for the existing shelters and City Attorney Doody said
the City was receiving $25.00 per shelter in the past,
C/M Stelzer said he would like to know how much profit
the company made on the existing shelters. He asked Mr.
Gold how much the company received for advertising each
month and Mr. Gold replied, approximately $200.00 to
$300.00 per month.
C/M Stelzer asked if this could be proven and Mr. Gold
replied, yes.
C/M Stelzer said if the company was receiving a lot of
revenue on the existing shelters, the City should not
waive the previous revenue.
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Mayor Abramowitz said the existing Contract did not
provide the company to pay any more than $25.00 per
shelter.
C/M Stelzer had concerns about the City not receiving
retro-active payments for the existing shelters.
Mayor Abramowitz said he would approve of this, providing
the other Council members approved.
TAPE 2
C/M Stelzer said the City should not be in a position of
a partner and not receive revenue and Mayor Abramowitz
said he wished someone would have thought of this three
years ago. C/M Stelzer said he did.
Referring to Page 4, Mayor Abramowitz said Mr. Gold was
not pleased with the amount of $350.00; however, this was
what the City was interested in and Mr. Gold could either
accept or reject the offer.
Referring to Page 5, Mayor Abramowitz said this was the
Page in which C/M Hoffman could ask for benches in the
shelters.
City Attorney Doody said he could place a sentence in
this Section concerning seating capacity in the shelters;
however, the City Council should specify if there should
be individual seats or benches.
C/M Hoffman said it did not matter as long as there was
seating for a minimum of two people.
C/M Stelzer had concerns with people sleeping on wide
benches and he said he would like the seating capacity to
provide for at least two people. He said he would not
oppose separate seats; however, he was not pleased with
one long bench.
C/M Hoffman said he would like a minimum seating capacity
for two people that would not provide a flat surface.
City Attorney Doody suggested that the City. Council
determine whether the seats should be individual or a
bench form.
C/M Hoffman asked if Mr. Gold would prefer benches or
individual seats and Mr. Gold replied, a bench which
could be made any length the City desired.
C/M Hoffman asked if the bench could be contoured to
eliminate flat surfaces.
V/M Bender suggested that the benches contain arm rests
to avoid people from sleeping on them and Mr. Gold said
he would install 4 foot benches because the average
person could not sleep on a 4 foot bench. He said if the
City wanted larger benches, he would install them.
C/M Hoffman suggested that the City Attorney provide a
section in the Contract concerning the installation of 4
foot benches in the shelters.
Mayor Abramowitz said this provision could be inserted in
Item 5 of the Contract.
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City Attorney Doody said Item 5 would state that Public
Advertising, Inc., shall be responsible for applying and
obtaining all necessary building permits and fees for all
bus shelters.
Mayor Abramowitz said he received several complaints
regarding the condition of the bus shelters and he
suggested that the company concentrate on keeping the
shelters in order because this provision was in the
Contract.
The City Council reviewed Page b of the Contract.
Referring to Page 7, Mayor Abramowitz suggested that
trash receptacles be placed in or around the bus
shelters.
C/M Hoffman asked who would be responsible for keeping
the receptacles empty and C/M Stelzer agreed.
Mayor Abramowitz said this would be the company's
responsibility and Mr. Gold said there could be a
liability factor at some shelters. He said he would not
object to placing trash cans in areas which generated
debris.
Mayor Abramowitz asked the City Attorney if language
could be placed in the Contract indicating that trash
baskets would be placed in shelters upon the City's
request. Mr. Gold agreed to this language being placed
in the Contract.
The City Council reviewed Page 8 of the Contract.
Referring to Page 9, Mayor Abramowitz asked what would
happen to the bus shelter if the bus routes were chanced
and the shelter was not used.
Mr. Gold said the company could relocate the shelters,
which has been done in the past.
V/M Bender asked who was responsible for removing the
cement slab and City Manager Kelly said the company was
responsible. Mr. Gold agreed.
Mayor Abramowitz suggested that this be placed in the
Contract because it could be a liability if the cement
slab was not removed.
City Attorney Doody asked if the City Council wanted the
City to be responsible for seeing that the bus shelter
was removed if it was not needed. Mayor Abramowitz
replied, yes.
City Attorney Doody said this may be a liability problem
because if the Transit Department changed the bus routes
and did not inform Mr. Gold, the bus shelter would renain
in that location without either parties being aware of
it.
C/M Hoffman said if the company found that a route was
changed, it would be the company's responsibility to
inform the City.
Mayor Abramowitz said he did not care if the unused
shelter remained and City Attorney Doody said the
appropriate language would be drafted.
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Mr. Gold said if the City directed the company to remove
a shelter because there was no route for the shelter, the
company would be responsible for removing it.
C/M Stelzer said the Contract should indicate that when a
bus shelter was removed, it would be done within 30 days
at the company's expense, which included the removal of
the concrete base.
Mayor Abramowitz said the City Attorney would draft the
appropriate language and place this in the Contract.
Mayor Abramowitz said he understood that there was a
problem with the language on Page 10.
Mrs. McDermott said the company requested that the City
remove the language regarding the advertising because the
City was not receiving a percentage for the advertising.
She said the Finance Director recommended that the
language be eliminated if the City would be receiving a
flat rate.
Mayor Abramowitz asked if the City Attorney approved of
this and City Attorney Doody said the language could be
deleted without harm to the City since the City would be
receiving a flat rate.
The City Council AGREED to delete Item 10 from the
Contract.
Mayor Abramowitz said there was concern about Item 12 and
C/M Hoffman said his concern was what would happen if the
company decided to sell their business to a person that
the City did not want to deal with.
C/M Hoffman said the City has been dealing with Mr. Gold
who represented Public Advertising, Inc., and his
confidence was based on the City's dealings with Mr.
Gold. He said if the company was sold, the franchise
would be sold as well. He said he did not want the City
to be subject to dealing with someone that they could not
depend on.
Mr. Gold said there was a provision in the Contract that
allowed the City to cancel the Contract at any time.
C/M Hoffman said the Contract indicated that the rights
could not be sold, transferred or signed without
indication. He said if the company sold 51% of their
stock, the City would be dealing with the same company
but a different individual.
Mayor Abramowitz said the City Council was concerned with
who they were doing business with and they wanted the
ability and opportunity to know the person before there
was a contractual obligation between the two parties. He
said based on the language in the Contract, this would
not occur.
C/M Hoffman said the company may decide to sell to
someone that was not conscientious and concerned about
their clients. 'He said the City may not want to deal
with the new owner of the company. He said based on the
Contract, the City must honor the Contract with whoever
owned the stock in the company.
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C/M Hoffman said the company was not General Motors and
the City was presently dealing with Mr. Gold.
Mr. Gold said this statement was not proper because the
City was dealing with a company and not a specific
individual.
C/M Hoffman said if the City did not want to deal with a
person that was presenting a Contract to the City, the
City would not approve the Contract. He said regardless
of the corporate entity, the City would be dealing with
people. He said he did not know anyone else in Mr.
Gold's company, except Mr. Gold. He said if Mr. Gold
said he would comply with the provisions in the Contract,
the City would believe him.
Mr. Gold said there was a provision to cancel the
Contract and C/M Hoffman said the Contract indicated that
the Agreement could be cancelled for cause. C/M Hoffman
asked what the cause was to be.
C/M Stelzer said the Contract did not indicate that.
City Attorney Doody said at this time there was no
provision for termination of the Contract with cause. He
suggested that a provision be placed in the Contract
indicating that the City could terminate the Contract at
will.
Mr. Gold did not agree with this provision and Mayor
Abramowitz said C/M Hoffman was right in his concern if
Mr. Gold was not agreeing with this because the City had
to be protected regarding who they were dealing with.
Mr. Gold asked what this concern had to do with
terminating the Contract for just cause. He said this
provision would stand as long as Public Advertising,
Inc., and Mr. Gold continued the Contract with the City.
Mr. Gold said he could not see the City cancelling their
contract with the company without a reason and C/M
Hoffman said he agreed that the provision should state
that the Contract could only be cancelled with cause;
however, the City should not have to deal with someone
other than the existing staff of the company.
Mayor Abramowitz asked if C/M Hoffman wanted the Contract
to provide the City with the ability to approve the
person that the company was being sold to.
C/M Hoffman said he wanted the City to have the ability
to renegotiate a Contract with the person buying the
company if it was sold.
City Attorney Doody said he did not want the City to be
in the position of approving transfers of stock. He said
it may be appropriate to state that the parties agree
that the City had the right to cancel the Contract if
there was a transfer of 51% of the stock of the company.
He said this would constitute cause as well.
Mr. Gold said C/M Hoffman was referring to an individual
transferring stock in the company. He said he did not
own stock in the company, his wife owned all of the
stock.
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Mayor Abramowitz asked if Mr. Gold would approve of the
City renegotiating the contract if the company decided to
sell some of the stock or the company to another person
or company. He said if Mr. Gold's wife sold the company
to someone that the City did not want to do business
with, the City should be able to have the choice of
keeping the Contract.
Mayor Abramowitz said he understood Mr. Gold's concerns;
however, C/M Hoffman was correct in wanting the City to
have the ability to determine whether they wanted to
continue business with the new owners.
Mr. Gold said it was not appropriate for the City to tell
a company that they could not do anything with the
company because they had a Contract with the City.
Mayor Abramowitz said he did not mean this. He said he
stated that in the event the company was sold, the City
should be able to negotiate with the new owner for a
Contract. He said he did not want the City obligated to
do business with someone that they did not want to do
business with.
Mr. Gold said the Contract stipulated that with just
cause, the City could terminate the Contract.
Mayor Abramowitz asked if Mr. Gold felt that this would
be just cause. He suggested that the Contract indicate
that the City had the right to terminate their Contract
if the business was sold or shared with a person that the
City did not want to do business with.
City Attorney Doody said he suggested that this be placed
in the Contract. He said there should be a provision
indicating that the parties agree that a transfer of a
majority of the stock constituted just cause to terminate
the Contract.
Mr. Gold asked if he was being held back from adding
partners to the company; if so, the City was trying to
take his business rights away.
C/M Hoffman suggested that this matter be discussed at a
later time.
C/M Rohr said there was no point in delaying the
Contract. He said the City Council would decide what
Contract was to be offered to the company. He said no
City Council should have an on -going Contract without
being able to terminate the Contract with just cause. He
said there may not be a need for the City to concern
themselves with having to do business with an individual
they were not pleased with. He suggested that the
language in the Contract should remain to allow the City
Council the ability to determine who they would do
business with.
City Attorney Doody said he did not feel that the
Contract was a franchise because the Contract was not
exclusive with Public Advertising, Inc., except for the
sites outlines in Exhibit A. He said the concept being
discussed already existed in the City Charter under the
Franchise Section. He read the following from the City
Charter, Section 7.19(b). Franchises:
Page 13
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"No franchise, or renewals thereof; shall be leased, assigned
or otherwise alienated, except with the consent of the
Council expressed by Ordinance, and evidenced by a formal
instrument and consent to same recorded in the public
records of Broward County."
City Attorney Doody said the concept was already accepted
by the City in the Charter as far as franchises. He said
this was the concept that the City Council was trying to
place into the Contract with Public Advertising, Inc.
Mayor Abramowitz said the City did not want an Agreement
with Mr. Gold. He said Mr. Gold may disagree with what
the City Council wanted in the Contract, which was his
right. He asked the City Council to express their
interest concerning Item 11.
C/M Hoffman said he would like the language suggested by
City Attorney Doody placed in the Contract, which was in
the event that the control of the company changed to
other hands, the City Council would have the right to
reconsider the Contract.
City Attorney Doody said he would model the language in
the Contract after the language in the City Charter,
which stated that the company could not transfer or
alienate the Contract in any manner without the consent
of the City Council.
Mayor Abramowitz said the Contract would be approved by
Ordinance; therefore, if Mr. Gold had concerns with the
Contract, he should contact staff before the first
reading of the Ordinance. He said if the concerns could
not be resolved, the City Council would not approve the
Contract.
Mr. Gold said he has never witnessed any corporate deal
where one party dictated to the corporation regarding its
internal functions. He said the City had a contract with
the company, not him or his wife.
Mayor Abramowitz said the concerns did not pertain to any
individual. He said the City Council was concerned with
Public Advertising, Inc.
Mr. Gold said the City Council was telling the company
that they could not change or sell the company and City
Attorney Doody disagreed. City Attorney Doody said the
City was not telling the company that they could not sell
or change the company; however, the City wanted the right
to terminate their Contract with the company if this
occurred. He said the City had no right to make
decisions for the company but they did have the right to
protect themselves because of the Contract involved.
C/M Rohr said because the Contract was non-exclusive,
Public Advertising, Inc., would be putting up a specific
amount of shelters; therefore, in effect, the company had
an exclusive contract. He said the City Council would be
remiss if they did not put the suggested language in the
Contract.
The City Council continued to review the Contract.
Mrs. McDermott said the insurance requirements were
reviewed by the Risk Manager Consultant and they were
accepted. She said the City had Public Advertising,
Inc., certificate of insurance on file and the policy
Page 14
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expired July 16, 1989; however, staff would be following
up on this matter to make sure that there was a policy
currently in effect before the Contract was executed.
She asked Mr. Gold if he submitted a current insurance
policy to the City Clerk and City Attorney Doody said
this matter would be investigated.
Referring to Item 14, C/M Hoffman said he did not feel
that a performance bond was necessary.
City Attorney Doody said when he drafted the provision he
considered a scenario of an automobile damaging a
shelter. He said if the City had a hard time in getting
Public Advertising, Inc., to repair the shelter,
cancelling the Contract with the company may not be
•appropriate. He said the City could use the funds from
the performance bond, repair the shelter and recoup the
funds from the company. He said he felt that a
performance bond would assist the City in having the
shelter repaired without providing the funding or
cancelling the Contract.
The City Council AGREED to eliminate Item 14.
Referring to Item 15, Mayor Abramowitz said this Item
referred to the termination clause. He said he felt that
this provision was appropriate and C/M Hoffman said the
City should not have the right to cancel a contract
without cause.
C/M Stelzer suggested that this Item state that the City
had the right to cancel the Agreement for cause.
Mr. Gold suggested that the Contract state, "Upon a 90
day notice, the City shall have the right to effect
immediate compliance with the Contract on the part of the
company. In the event the City elects to effect
compliance with the Contract, any costs or expenses
occurred by the City...".
City Attorney Doody said the City would be given the
option to either cancel the Contract or require
compliance and Mr. Gold agreed.
Mayor Abramowitz asked the City Attorney to create the
appropriate language.
C/M Stelzer asked how long the Contract would be active
and City Attorney Doody said from the date of execution,
the Contract would be effective for 5 years.
Mayor Abramowitz said once all of the conditions and
language in the Contract was in agreement by all parties,
he would like the Contract drafted in final form before
City Attorney Doody left his employment with the City.
City Attorney Doody said he would try to get the Contract
on the January 24, 1990 City Council Agenda providing
everyone was in agreement with the Contract.
Mayor Abramowitz asked City Attorney Doody if he would be
attending that meeting and City Attorney Doody replied,
no.
C/M Hoffman said a Special Meeting could be called and
City Attorney Doody said the ordinance would require two
Page 15
1/11/90-pw
readings. City Attorney Doody said he would draft the
language in the Contract and the Ordinance.
Mayor Abramowitz asked City Attorney Doody to draft the
Ordinance providing everyone agreed and; if needed, a
Special Meeting could be called. He said because City
Attorney Doody has been involved in the documents, he
would like all necessary documents drafted by City
Attorney Doody.
C/M Stelzer asked what would occur if the company went
bankrupt and City Attorney Doody said Article 17 of the
document referred to this matter.
C/M Stelzer said the Contract did not mention anything
about the City being able to buy the shelters if the
company went bankrupt.
Mayor Abramowitz said if the company went bankrupt
nothing could be done until the Bankruptcy Judge made a
determination.
C/M Stelzer asked if the Contract would be terminated if
the company went bankrupt and City Attorney Doody
replied, yes.
Mr. Gold had concerns with the City being able to buy the
shelters for $150.00. He said he would like to have a
stipulation in the Contract stating that there would be
negotiations on the purchase price of the shelters.
Mayor Abramowitz said he felt this clause would reassure
the City that the company would comply with the
provisions of the Contract for removal of the shelters.
C/M Hoffman said the company would be allowed 90 days to
remove the shelters. He said if the shelters were not
removed within that time, the City would have the option
of the buying a shelter for $150.00. He asked if Mr.
Gold wanted more than 90 days to remove the shelters.
Mr. Gold said his concern was with the price of $150.00
and C/M Hoffman asked if the company would need more than
90 days to remove the shelters. Mr. Gold said it would
take more than 90 days to remove all of the shelters in
the City.
C/M Hoffman asked how much time would be needed and Mr.
Gold said it would take at least 180 days to eliminate
the bases, etc.
Mayor Abramowitz said he did not feel that the price was
negotiable because the company was given 90 days to
remove the shelters.
Mr. Gold said it would take more than 90 days to remove
the shelters and Mayor Abramowitz said the advertisements
were being exhibited and the company was not paying the
City for this.
Mr. Gold said the City had to give the company a
reasonable time to remove the shelters. He said the City
Council was dictating to the company by stating this.
C/M Rohr suggested that the company be required to pay
for the shelters that were not removed within the 90 days
1
[1
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1
1
and Mayor Abramowitz said the City could not make the
company pay for those shelters.
C/M Hoffman suggested that the time limit be increased
and Mayor Abramowitz said he did not agree to this
because the City would not be receiving revenue for the
standing shelters.
Mr. Gold said the company could continue paying for the
advertisements on the shelters that were not removed.
Mayor Abramowitz asked what the City could do if the
company did not make the payments and Mr. Gold said this
stipulation could be placed in the Contract.
Mayor Abramowitz suggested that the Contract allow the
company 120 days to remove all the shelters in the City;
however, the City would be allowed to obtain any shelters
that were not removed within that time for $150.00 each.
He said he would like the word "buy" eliminated from the
Contract because it would imply that negotiations were
needed.
City Attorney Doody said he was unsure about the
language; however, he would discuss the matter further
with Mr. Gold.
The City Council AGREED with this suggestion.
TAPE 3
5. MOTION TO AD0PT Temp_ Reso. #5658 approving a request by
the Tamarac Chamfer of Commerce to hold its 7th Annual Spring
Street Fair on Saturday, April 21, 1990 and Sunday, April 22,
1990, from 9:00 A.M. to dusk, on NW 57 Street from University
Drive to NW 81 Avenue (tabled on 1/10/90).
SYNOPSIS OF ACTION:
AGENDIZED�by Consent.
APPROVED.
RESOLUTION NO. R-90-16 - PASSED
City Manager Kelly read Temp. Reso. #5658 by title.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5658, SECONDED by
* V/M Bender.
City Manager Kelly said the Chamber of Commerce submitted
a proposal to have a Tamarac Festival and staff sat with
the Chamber officials on several occasions to work on the
proposal. He said the backup before the City Council was
the final Resolution which covered all of the pertinent
points. He said Judy Yacobellis, Occupational License
Director, assisted in resolving any issues concerning the
Festival. He said there were several State, County and
City regulations that had to be complied with; therefore,
intense planning was necessary.
City Manager Kelly said the proposal was that the City
become a co-sponsor of the Festival, which assisted in
regulating the occupational license issuances. He said
staff felt that this would be a benefit for the City and
he recommended approval.
Mayor Abramowitz said he was very pleased to work with
any organization, especially the Chamber of Commerce, to
benefit the City. He said the Chamber assisted several
organizations within the City; however, he was very
embarrassed by the results of the last street fair. He
0
Page 17
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1/11/90-pw
said he would assist the Chamber in any way but he wanted
the Chamber to provide the best it could for the City.
Louis Schiff, President of the Chamber of Commerce, said
he did not feel that the Festival would be an
embarrassment. He said the Chamber did not have a
Festival last year because of financial problems;
however, the past Festivals were very successful. He
said there were two days requested in case of rain and
the vendors preferred to attend a two day event. He said
he was receiving tremendous assistance from the City's
staff.
Mayor Abramowitz said the City was very interested in
promoting anything that benefited the City and residents.
He said he did not want the City to be embarrassed and
Mr. Schiff said he understood.
V/M Bender asked if the Resolution covered everything
required for the Festival and Mr. Schiff replied, yes.
C/M Stelzer suggested that co-sponsorship be explained
and Mayor Abramowitz said co-sponsorship meant that the
City would be a partner with the Chamber of Commerce for
this event.
C/M Stelzer asked if the Chamber would be supplying the
insurance and Mr. Schiff replied, yes.
City Attorney Doody said the Chamber would be holding the
City harmless and Mr. Schiff said the Chamber would
expend all funds necessary.
Mrs. McDermott read the letter submitted by Mrs.
Yacobellis into the record (SEE ATTACHMENT).
C/M Stelzer asked if the City would be receiving any
revenue from this event and Mayor Abramowitz replied, no;
however, the revenue would be donated to the
organizations in the City.
Mr. Schiff said the Chamber would be using the money
because the Chamber would be providing the funding fox
the Festival. He said the Festival did not generate a
lot of money and only approximately $2,000.00 was
generated from the last Festival. He said the purpose of
the Festival was to give the members the opportunity to
professionally display what they had to offer, to bring
in good arts and crafts and to provide residents from
Tamarac as well as other Cities an opportunity to see
what Tamarac had to offer. He said the Festival gave the
public the opportunity to spend one or two days outside.
C/M Stelzer said the Resolution did not state that the
City would not be receiving revenue and Mrs. McDermott
said the City would be cal -^* 514.00 license fee
for every - �r.Gt was not part of the Chamber.
C/M Stelzer said he wanted to make sure that the
Agreement stated the City was not going to receive
revenue.
City Attorney Doody said the record should reflect that
the City was lending its name to the project without
expecting remuneration.
VOTE:
ALL VOTED AYE
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1/11/90-pw
At 4:25 P.M., Mayor Abramowitz RECESSED this meeting and
RECONVENED at 4:30 P.M. with ALL PRESENT. Kelly Carpenter -
Craft, Director of Community Devefcipment, was present.
6. MOTION TO ADOPT Temp.
prIiate Ca.ty officials
of Unity of Title with
UNIVERSITY HOSPITAL.
SYNOPSIS OF ACTION:
AGENDIZED by Consent.
APPROVED.
Reso. #5664 authorizing the appro-
to execute a Termination of Declaration
Tamarac Hospital Corporation for
RESOLUTION NO. R-90-17 -- PASSED
* C/M Hoffman MOVED to AGENDIZE Temp. Reso. #5664, SECONDED by
* V/M Bender.
VOTE:
ALL VOTED AYE
City Attorney Doody read Temp. Reso. #5664 by title.
* C/M Hoffman MOVED to APPROVE Temp. Reso. #5664, SECONDED by
* V/M Bender.
City Attorney Doody said this was a request from Hospital
Corporation of America. He said in 1985 they gave the
City a Unity of Title to property which constituted the
Hospital Corporation of America holdings. He said the
property would be sold and the applicant requested that
the City adopt a document which would terminate the Unity
of Title document.
Ed Stacker, Attorney for the Hospital Corporation of
America, said Tamarac Hospital Corporation, Inc., was the
owner of the University Hospital complex. He introduced
David Thompson, Attorney for Hospital Corporation of
America, and he said Attorney Thompson was handling the
real estate concerns for the proposed sale.
Attorney Stacker said 33 acres would be sold to Columbia
Corporation under the name of University Hospital
Limited, which was a Florida Limited Partnership. He
thanked the City for cooperating with the applicant in
such short notice. He said the closing was originally
scheduled to take place in December, 1989; however, the
Unity of Title provided in 1985 tied in a portion of the
property that was not being conveyed. He said there were
several reviews of the City's files as well as the
applicant's files and he felt comfortable in stating that
the purpose in which the Unity of Title was originally
required was no longer needed and may not have been
needed. He said it seemed the purpose of the Unity of
Title was to assure that B-6 uses were related to
hospital uses.
Attorney Stacker said the parcel was now being utilized
as a 60 bed hospital facility and restricted as this on
the face of the plat. He said the applicant provided a
Termination of Declaration of Unity of Title to City
Attorney Doody. He said the document would be executed
by the applicant and would be delivered to the City
tomorrow to be executed by the City Council.
Attorney Stacker said the applicant recently received a
Certificate of Title and there was confusion on the Title
documents. He said the Termination of Declaration of
Unity of Title would have to be amended to reflect the
entity as Tamarac Hospital Corporation, Inc.
Page 19
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Attorney Stacker said this morning his client received a
memorandum from Kelly Carpenter -Craft, Director of
Community Development, regarding the overall analysis of
the matter and her recommendation was reviewed.
He said
he contacted his client, seller of the property and
purchaser of the property concerning the memorandum and
he was authorized to inform the City that everyone agreed
to work with the City to resolve the problems that were
thought to exist. He said if they existed, he would work
with staff to find a resolution. He said it was in the
best interest of his client, who would be retaining a
portion of the property, to assure that adequate parking
existed and it the in complianceswith thetCodeerest to
see that they w
requirements of the City.
Attorney Stacker said he has not had the opportunity to
discuss this matter with Mrs. Carpenter -Craft; however,
he was sure that a resolution could be found. He said a
Letter of Agreement was prepared between his client an-d
purchaser which provided that, if the City released the
Unity of Title, the parties agreed to enter into a crass
parking agreement. He said he received faxed executed
copies of the agreements and the overall parking needs
would be reviewed with the City's staff before the plan
was brought before the City Council.
Attorney Stacker asked the City Council to approve the
Termination of Declaration of Unity of Title so the
applicant's staff could go forward with the City's staff
on the project.
Mrs. Carpenter -Craft said staff's interest was not in
preserving the Unity of Title but in making sure that
atthe
parking was appropriate. She said if the entire project
consisted of 30.39 acres, it was not feasible to have
each individual section have their own parking areas.
she said staff would like to have the Tamarac Hospital
Corporation, Inc., demonstrate that adequate parkingwas
available for each individual use on the site by
ng
an engineer do a survey and present the information to
the City.
Mayor Abramowitz asked if Mrs. Carpenter -Craft was
satisfied with everything other than the parking and Mrs -
Carpenter -Craft replied. yes.
Mayor Abramowitz asked the 30 acre property was under one
legal description
C,and
Da EAttorney
ofStacker
platsa the 30 acres
were parcels B
Mayor Abramowitz asked if the property was listed in the
y Stacker replied, no, there
same plat book and Attorne
were at least three different plats recorded and one
unplatted meets and bounds in the southwest corner of the
property.
Mayor Abramowitz asked if the sale would interrupt the
potential of the unplatted parcel and Attorney Stacker
replied, no. Mayor Abramowitz said he did not want to
prohibit the proper use of the unplatted property and
Attorney Stacksesofdthehis
unplattedtproperty$t would not
interrupt the
Mayor Abramowitz said there was a parcel of land on 80th
Avenue and Mrs. Carpenter -Craft said this parcel had
nothing to do with the property under discussion.
page 20
u
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1/11/90-pw
Attorney Stacker said the property on 80th Avenue was
unplatted and owned by his client and would be sold to
Columbia Corporation and Mrs. Carpenter -Craft said the
property was not part of the Unity of Title.
Attorney Stacker said the purchaser was aware that
whatever was done on the parcel must conform with the
City's zoning and development regulations.
Mayor Abramowitz said he wanted to make sure that the
City Council's action on the request before them did not
affect the unplatted property on 80th Avenue. Mrs.
Carpenter -Craft said the City Council's action today
would not affect that parcel of land and Attorney Stacker
agreed.
Attorney Stacker said the cross parking agreement between
the parties would not affect the parcel as well.
Mayor Abramowitz said the City would not lose control
over the unplatted property and Mrs. Carpenter -Craft
agreed.
C/M Rohr had concerns with the undeveloped parcel
creating a problem in the future for additional parking
and Mrs. Carpenter -Craft said if the unplatted property
was developed in the future, it would stand on its own.
C/M Rohr said if the undeveloped area was used for part
of the hospital, part of the parking could be used for
the undeveloped parcel.
Attorney Stacker said the parking in that area could only
be used if there was additional non -required parking in
the area.
Mrs. Carpenter -Craft said there was a shortage of parking
spaces; however, how much shortage was not determined.
C/M Hoffman said there would be no physical change in the
overall property; however, there would be paper changes.
Attorney Stacker said he believed this to be true and
Mrs. Carpenter -Craft said if the property was sold, a
hedge or fence could be installed to separate one from
the other as well as amendment of the site plan
with a drive through in one place. She said Attorney
Stacker was indicating that this was not their intention;
however, this could be done.
C/M Hoffman asked if this could be prohibited in the
cross parking agreement and Attorney Stacker said the
cross parking agreement drafted provided for access and
sharing of parking which ran with the land. He said once
the Warranty Deed conveying title and the cross parking
agreement to the property was recorded in the Public
Records, it may be necessary to reconstruct the parking
area to make sure that all of the parking requirements
were met.
C/M Hoffman asked if Attorney Stacker accepted the fact
that a hedge or fence could be erected on the property
and Mrs. Carpenter -Craft said she believed that based on
the cross parking agreement they had to allow each other
access; however, it was possible to put up a fence
banning access from one property to another.
Page 21
1/11/90-pw
City Attorney Doody said the City's Code Enforcement
would have the right to site the property if a fence was
erected causing a parking problem.
C/M Hoffman asked if the City could prevent the
installation of a fence and Attorney Stacker said the
City did not have to issue a permit.
C/M Hoffman said parking on one side of the fence may be
insufficient and Attorney Stacker said he understood the
City's position concerning parking. He said if the
Planning Department's analysis was correct, there was a
deficiency on the parcel, at this time. He said the
existence or non-existence of the Declaration of Unity of
Title on the parcel did not prevent a deficiency. He
said once the Unity of Title was released the parking
problem would have to be addressed. He said he did not
feel that the Unity of Title was serving a purpose except
frustrating the sale of the property.
Attorney Stacker said the parties agreed to have both
parcels maintain the status quo for parking and make sure
that there was adequate parking for all of the uses on
the 30 acres.
V/M Bender asked if the cross parking agreement would
indicate the past conditions of the parking and Attorney
Stacker replied, yes.
V/M Bender had concerns with ingress/egress onto the
properties being restricted and Attorney Stacker said the
City Council may be concerning themselves about something
that would not be occurring.
V/M Bender said the City wanted to be assured that there
would be no problems in the future and City Attorney
Doody said the site plan could not be redrafted.
Mayor Abramowitz asked if Mrs. Carpenter -Craft objected
to the request and Mrs. Carpenter -Craft replied, no,
providing the parking problems were corrected. He asked
City Attorney Doody if he objected to this request and
City Attorney Doody replied, no, providing the parking
problem was corrected in the future. He asked City
Manager Kelly if he objected to the request and City
Manager Kelly replied, no.
Mayor Abramowitz said the City Council was concerned with
problems in the future concerning access to the
properties. He said if a fence was erected, a permit was
needed and City Attorney Doody said the site plan would
have to be revised as well.
VOTE: ALL VOTED AYE
Mayor Abramowitz asked Mrs. Carpenter -Craft to review the
parking problems with the applicant and Mrs.
Carpenter -Craft said the applicant has answered her
concerns submitted by memorandum.
Mayor Abramowitz said he would like Attorney Stacker to
state for the record that his client would assure the
City that the parking problems would be resolved.
Attorney Stacker said the problems would be resolved.
Page 22
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C/M Stelzer said the. City Council was supposed to discuss
at their January 10, 1990 meeting the matter concerning
the possibility of eliminating the City Attorney
position. He said this matter could no longer be
considered because there was not enough time to advertise
and file the Referendum with the County.
Mayor Abramowitz said he reviewed this matter and he
found that there was a Motion made which Failed by a
three to two vote.
After further discussion, it was decided that this matter
could be discussed at a later date.
With no further business, Mayor Abramowitz ADJOURNED this
meeting at 5:05 P.M.
NOIRMAN ABRA
C' ROL A. EVA , -CITY CLERIC
"This public document was promulgated at a cost of $147.60 or'$14.76 per
copy to inform the general public, public officers and employees of
recent opinions and considerations of the City Council of the City of
Tamarac."
CITY OF TAMARAC
APPROVED AT MEETING OF%o
City Clerk
Page 23
Attachment 1 - Item 5 of City Council Meeting 1/11/90
Page l of'-2--_C'I T Y OF TAMARAC
INTEROFFICE MEMORANDUM
9001-104
I
TO: Kelly Carpenter -Craft, Director of Community
Development
FROM: Judith Yacobellis, Supervisor of Occupational
Licenses
SUBJECT: CELEBRATE TAMARAC FESTIVAL REQUEST TO WAIVE
i
OCCUPATIONAL LICENSING FEES
i
DATE: January 8, 1990
COPIES:
i
----------------------- _-------_----_--------w------------_-----
In reviewing the request from the Tamarac Chamber of Commerce
to waive the occupational licensing fees for the up --coming
Celebrate Tamarac Festival, the following requirements of
Florida State Statutes Section 205.192 would have to be met
for the fees to be waived and no occupational license to be
required.
1) Is it a fundraising activity/project?
a) Chamber of Commerce would be
required to submit a statement
explaining purpose of fundraiser.
2) Proof that the activity/projects are
being performed exclusively by the
members thereof.
a) Members of the organization
thereof, engaging in the
fundraising, would not be
required to obtain a license
or pay a fee, for any activity
b) Non --members of the organization
thereof, would have to turn over
all proceeds derived from the
activities, to be exempt from
obtaining a license and paying
licensing fees.
3) Proof that the proceeds derived from
the activity/project are used exclu-
sively in the non-profit organization.
Z�A..v uir-
Attachment l - Page 2 of 2 - Item 5 of 1/11/90 City Council
meeting
INTEROFFICE MEMORANDUM: 9001--104
CELEBRATE TAMARAC FESTIVAL REQUEST TO WAIVE OCCUPATIONAL
LICENSING FEES
January 8, 1990
Page 2
4) Proof that the Tamarac Chamber of Commerce
is a non-profit organization.
The following license fees would be waived:
EXHIBIT, art, crafts, etc ......... .$202.00 (per event)
CONCESSION STANDS (food) ........... $ 14.00 (each)
ies
The fees sgandethefor Sheriffasng Permits, office, cannotibetwaivedaunder
Public works
Section 205.192 of the Florida Statutes.
A survey of the Cities of Ft. Lauderdale and Coral Springs
licensing and fee requirements for festivals and street fairs
reflects the following:
Ft. Lauderdale - Parks and Recreation handles all
events. The City gets a percentage
of all proceeds, therefore, does not
require license fees.
Coral Springs - Street Fair is co -sponsored by the
City. No fees are charged for anyone.
1