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HomeMy WebLinkAbout1991-08-14 - City Commission Regular Meeting Minutes7525 Northwest 88 Avenue Tamarac, PL 33321-2401 RECORD OF COUNCIL ACTIONS/DISCUSSIONS CITY ON TAMARAC CITY COUNCIL REGULAR COUNCIL MEETING WEDNESDAY, AUGUST 14, 1991 5 OF 1111E ALLOCATIONS - MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from Council members to table those items which require research. Council may agendize by majority consent matters of an urgent nature which have come to Council's attention after publication. INTRODUCTION 1. PBASENTATION by Mayor Abramowitz of a Plaque to School Board Member Karen Dickerhoof for her assistance in Tamarac receiving additional funding for equipment at the TAMARAC MULTI -PURPOSE RECREATION CENTER. FINAL AQTION: Presentation was made. PUBLIC PARTICIPATION 2. PUSL S PARTIC=FATION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. CONSENT AGENDA 3. Items listed under Consent Agenda, Item 3, are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. Page 1 citv Clark a, moTToN To APPROVE the minutes of the following City Council meetings: 1. 5/22/91 - Regular Meeting 2. 6/12/91 - Regular MeetiTIg 3. 6/20/91 - Special Meeting 4. 6/26/91 - Regular Meeting 5. 7/02/91 -- Special Meeting 6. 7/03/91 - Special Meeting 7. 7/08/91 -- Special Meeting 8. 7/10/91 - Regular Meeting FINAL ACTION: APPROVED b, renewal of a model sales facility for BANYAN LAKES, 6096 Pinetree Lane,. Units 13, 14 and 15 for a six-month period from 8/22/91 to 2/22/92. APPROVED C. XQTION TO h PROVE renewal of a model sales facility and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for SPRINGLAKE 11 (WESTLAIM VILLAS) for a six --month period from 9/22/91 to 3/22/92. FINAL _ACTION• APPROVED d,KQ:CTQN TO UPROVE renewal of a model sales facility and waiver of the 300-foot distance requirement for issuance of certificates of occupancy for SPRINGLAKE VILLAS (NORTHWOOD II) for a six-month period from 9/13/91 to 3/13/92. FINAL ACTION• APPROVED e. MQTIQNTTO APp,3 M renewal of a model sales facility for SPRING HOUSE APARTMENTS, 5700 Rock Island Road, Building 10, Units 391, 393 and 394, for a six-month period from 9/26/91 to 3/26/92. FINAL ACTION: APPROVED f, approving a delegation request by guild -To -Suit Partners II for the WALGREENS WOOD14ONT SROPPES project to amend the note on the face of the PORTQSELLO PLAT to read 1136,342 square feet of retail and 1,188 square feet of office" instead of 1131,000 square feet of retail and 7,000 square feet of office". FINAL ACTION: RESOLUTION R-91-143-PASSED APPROVED Page 2 g, MOTION TO ADOPT Te .,,_Reso_ #6113 authorizing the appropriate City officials to execute a Hold Harmless Agreement with Mobil Oil Corporation for the installation of two (2) monitoring wells in the City right-of-way of NW 77 Street by MOBIL OIL SERVICE STATION at 7705 NW 88 Avenue. FINAL ACTION_ RESOLUTION R-91-144-PASSED APPROVED h. MOTION TO APPROVE the attendance of Abbe Hoctor at the Third Urban and Community Forestry Conference on September 3-4, 1991, Marco Island, Florida. 1 44-SINOWA4 0 0 4. a. MOTION TO ACCEPT a check from the School Board of Broward County in the amount of $29,740.00 for parking and pavement improvements at the TAMARAC MULTI-PURPOSR RECREATION CENTER parking lot. b. X=ION TQ AEPROVE the transfer of $19,000.00 from Contingency Account 001-872-588-975 to Special Equipment Account 001-552-572-647 and $10,740.00 from Contingency Account 001-872-588-975 to Beautification Account Q01-552-572-4RX to provide funding for special equipment and beautification at the TAMARAC MULTI -PURPOSE RECREATION CENTER. FIX&L ACTION 4.a. ACCEPTED 4.b. APPROVED 5. MOTION TO APPROVE the transfer of $6,000.00 from Contingency Account 001-872-588-975 to Public Services Propane Gas Account 001--417-539-436 to provide additional funding for propane for the canal pumps due to unusually high rainfall. P440: •R Fff !W UOITTA RESOLUTIONS Build D!QRartM2= 6. approving a waiver to the -sign ordinance to permit a 74 square foot ground directory sign 10 feet from the property line for STARR CENTER (tabled on 12/19/90). FINAL- ACTIQN- RESOLUTION R-91-145-PASSED APPROVED as amended for the sign to be 5-feet high by 12-feet wide and the square footage of the sign as 60 square feet with 14 square feet for the footer. Page 3 7. MOTION To ADOPT 3:emR. Reno. 16114 approving a waiver to the sign ordinance to permit 42-inches of total wall letter height on the east wall of the SANK OF NORTH AMERICAN building (formerly AMBASSADOR SAVINGS BANK) . TABLED at the request of the applicant. 8. a approving SPRING HOUSE APARTMENTS revised site plan for fifteen multiple bay garages (tabled on 7/2/91). b. MOTION TO ADOPT Temp.__ Re§2. #6115 approving a Restrictive Covenant restricting the use of fifteen multiple bay garages to vehicle parking only at SPRING HOUSE APARTMENTS. (located at the northeast corner of Commercial Boulevard and Rock Island Road) RESOLUTION R-91-146-PASSED FINAL ACTION_ RESOLUTION R-91--147-PASSED APPROVED 9. MOTION TO ADOPT Temn.__Resg_ #5954 approving a delegation request by FLH Homes to remove the voluntary deed restrictions from PARCEL R or WOODLAND LAKES located at the southeast corner of McNab Road and NW 88 Avenue (tabled on 7/10/91) FINAL__ACTION TABLED due to fees owed the City. 10. NOXI.ON -To ADOPT Ta=- Reno_ #6116 authorizing the appropriate City officials to execute an Agreement with Richard C. Jones, Trustee, concerning property in LAND SECTION 7. FINAL ACTION: APPROVED RESOLUTION R-91-148--PASSED ORDINANCES 11. MOTION TO ADOPT Temv. Ord. #1565 on first reading to create Section 2.3 of the Code to prohibit any person not employed by the City from entering any City office except those areas designated for the general public without specific invitation for the purpose of conducting City business. FINAL ACTION APPROVED on first reading. Public hearing and second reading will be held on Wednesday, August 28, 1991 at or after 10:00 a.m. Page 4 12. MOTION TO ADOPT IS - Ord.___#157Q on first reading to create Article VI of Chapter 6 of the Code to provide for the levying of a ten (10) percent public service tax on each and every purchase of metered or bottled gas (natural liquified petroleum gas or manufactured) within the City limits. FINAL ACTION APPROVED on first reading. Public hearing and second reading will be held on Wednesday, August 28, 1991 at or after 10:00 a.m. 14. City, Maaag= 15. the removal by the City of Margate of two surplus trailers belonging to the City of Tamarac at no cost to the City of Tamarac. FINAL ACTION: Agendized by Consent and then APPROVED. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The City Council may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Council meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person -- decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. Carol A. Evans City Clerk A-1 - Limited Agricultural B-1 - Neighborhood Business R-2 - Two Family Dwelling B-2 - Planned Community Business R-3 - Low Density Multiple B-3 - General Business R-3U - Row House B-5 - Limited Business District R-4A - Planned Apartment B-6 - Business District R-5 - Motel/Hotel I-1 - Institutional RD-7 - Two Family Dwelling LI-1- Light Industrial RM-5 - Residential Multi Family R-1 _ Single Family Residence RM-10- Planned Apartment R--1B & S-1 - Open Space/Recreational R-IC- One Family Dwelling T-1 - Trailer Park Page 5 City Council Regular Meeting 8/14/91/KJ Page 1 CITY OF TAMARAC REGULAR COUNCIL MEETING WEDNESDAY, AUGUST 14, 1991 CALL TO 0,RDZR: Mayor Abramowitz called this meeting to order on Wednesday, August 14, 1991 at 7:00 p.m. in the Council Chambers of City Hall. Mayor Abramowitz called for the Pledge of Allegiance followed by Moment of Silent Meditation for the hostages. Mayor Norman Abramowitz Vice Mayor Dr. H. Larry Bender Councilman Irving Katz Councilman Henry Schumann Councilwoman Diane Glasser ALSQ PRESENT: - John P. Kelly, City Manager Alan F. Ruf, City Attorney Carol A. Evans, City Clerk Karen Jackson, Secretary 7. approving a waiver to the sign ordinance to permit 42-inches of total wall letter height on the east wall of the BANK OF NORTH AMERICAN building (formerly AMBASSADOR SAVINGS BANK). TABLED at the request of the applicant. V/M Bender MOVED to TABLE Temp. Reso. #6114, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 9• approving a delegation request by FLH Homes to remove the voluntary deed restrictions from PARCEL R OF WOODLAND LAKES located at the southeast corner of McNab Road and NW 88 Avenue (tabled on 7/10/91) SYNOPSIS OF ACTION, TABLED due to fees owed the City. V/M Bender MOVED to TABLE Temp. Reso. #5954, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE 15. the removal by the City of Margate of two surplus trailers belonging to the City of Tamarac at no cost to the City of Tamarac. Agendized by Consent. (See Page 2 for Final Action) V/M Bender MOVED to AGENDIZE Item 15, SECONDED by C/M Katz. VOTE: ALL VOTED AYE City Council Regular Meeting 8/14/91/KJ Page 2 1. PRESENTATION by Mayor Abramowitz of a Plaque to School Board Member Karen Dickerhoof for her assistance in Tamarac receiving additional funding for equipment at the TAMARAC MULTI -PURPOSE RECREATION CENTER. N• Presentation was made. Mayor Abramowitz presented a plaque to Karen Dickerhoof for her assistance in helping Tamarac receive the additional funding for equipment for the Multi -Purpose Center. Ms. Dickerhoof expressed her appreciation to the City. 15. MOTION TO „APPROVE the removal by the City of Margate of two surplus trailers belonging to the City of Tamarac at no cost to the City of Tamarac. SYNOPSIS OF ACTIQN* Agendized by Consent on Page 1. APPROVED Mayor Abramowitz introduced Mayor Joseph Varsallone and Deputy Services Manager George Mudd from the City of Margate. City Manager Kelly said the Motion provides that the City of Margate be able to remove from the City of Tamarac property, two trailers that have been deemed by the City of Tamarac as being surplus trailers located on the Utilities property and on the Fire Department property. He said the City of Margate has reviewed this and are anxious to accept this offer. Mayor Varsallone expressed his appreciation to the City of Tamarac and the residents of the City for their assistance to the City of Margate when the City was in need due to a fire at the City of Margate Public Works Department. Mayor Varsallone presented the City of Margate Seal to Mayor Abramowitz on behalf of the City of Margate. Mayor Abramowitz expressed his appreciation on behalf of the Council and residents of the City of. Tamarac. City Attorney Ruf said there are some small hold harmless agreements being discussed with the City Attorney of Margate. He requested Item 15 be approved subject to these hold harmless agreements being signed. C/M Schumann MOVED to APPROVE Item 15 subject to the hold harmless agreements by the two cities, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE PUBLIC PARTICIPATION 2. UBLIC PARXICIPATION - Any member of the public may speak to any issue which is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. Zeke Feldman, resident, expressed his concerns regarding the actions of City Manager Kelly. He said he feels that City Manager Kelly is in violation of the Charter by the following actions: Audit of the BSO by the County Commission Auditor of the City contracts with the BSO. He said the City of Tamarac was overcharged $756,510.00 by the BSO in the first part of 1990. City Council Regular Meeting 8/14/91/KJ Page 3 Mr. Feldman said City Manager at various clubs that are not relating to utility taxes. Kelly is making political speeches authorized by the City Council Mr. Feldman said City Manager Kelly is in violation of the Charter, Section 7.02, regarding the availability of the City Manager's Budget Message on or before July 30 of each year. He said City Manager Kelly issued his message on August 14, 1991. He requested a vote of no confidence by the Council. Philip Rudich, resident of Kings Point, asked what amount of return the residents would receive in the event that a 4% Utility Tax is imposed on the residents of Tamarac. City Manager Kelly said 1.2 million dollars. Mr. Rudich asked what percentage the residents would receive and City Manager Kelly said it is his understanding that the return would be 4%. Edward Cohen, resident, said he is representing the homeowners of Westwood 17 whose homes border on the canal running west of 77 Avenue on 77 Street and on the east side of 73 Avenue ending on 76 Street. He said this canal has been filled with debris of grass cuttings and heavy plant growth beneath the surface. He said this situation has caused the sprinkler systems in the area to be rendered inoperable. He said this condition encourages the presence of mosquitos and other insects. He said he has informed the City Manager, the Public Works Department and the Code Enforcement Office of this situation. Mayor Abramowitz said the City is in the process of hiring a boat to handle this situation and this will be implemented after the budgetary period. He said he intends to propose an Ordinance to make it illegal to dump grass clippings into the canal. Mr. Cohen handed out maps of the area being affected to the Council. Assistant City Manager Couzzo said the Code has been researched and there is a provision in the Code that the dumping of grass clippings in the canal is a misdimeanor offense. He said it has been referred to the City Manager and copies have gone to the BSO. He said this violation is enforced by the BSO and not by the Code Enforcement Department. Mack Rich, resident, expressed his concern regarding City Manager Kelly overriding the Mayor and Council. He requested that the Council remove City Manager Kelly if he does not resign. Mayor Abramowitz said the article in the Sun Sentinel regarding Tamarac being overcharged $756,510.00 by BSO was incorrect. He said the Council received a 23 page fax from the BSO with the facts and figures. He said he feels the newspaper article was unjustified. C/W Glasser said she feels that City Manager Kelly should respond to the residents personally and that a 23 page response by the BSO is not enough. City Manager Kelly said he is working with the reporter from the Sun Sentinel at present. V/M Bender said City Manager Kelly was asked by Council to investigate the charges and he will give a complete report in detail. City Council Regular Meeting 8/14/91/KJ Page 4 3. Items listed under Consent Agenda, Item 3, are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then the item(s) will be removed from the Consent Agenda and will be considered separately. a. MOTION TO APPROVE the minutes of the following City Council meetings: 1. 5/22/91 - Regular Meeting 2. 6/12/91 - Regular Meeting 3. 6/20/91 - Special Meeting 4. 6/26/91 - Regular Meeting 5. 7/02/91 - Special Meeting 6. 7/03/91 - Special Meeting 7. 7/08/91 - Special Meeting 8. 7/10/91 - Regular Meeting FAVVIVRITJ21r b. MOTION TO APPROVE renewal of a model sales facility for BANYAN LAKES, 6096 Pinetree Lane, Units 13, 14 and 15 for a six-month period from 8/22/91 to 2/22/92. C. MOTION TO APPRM renewal of e waiver of the 300-foot distance certificates of occupancy for VILLAS) for a six-month period d. MOTION TO APPROVE renewal of a waiver of the 300-foot distance certificates of occupancy for (NORTHWOOD II) for a six-month 3/13/92. "'. RIT5 CAK07."A440M -• r e. MOTION TO APPROVE renewal of a SPRING HOUSE APARTMENTS, 5700 10, Units 391, 393 and 394, for 9/26/91 to 3/26/92. -• r model sales facility and requirement for issuance of SPRINGLAKE II (WESTLAKE from 9/22/91 to 3/22/92. model sales facility and requirement for issuance of SPRINGLAKE VILLAS period from 9/13/91 to model sales facility for Rock Island Road, Building a six-month period from f. approving a delegation request by Build -To -Suit Partners II for the WALGREENS WOODMONT SHOPPES project to amend the note on the face of the PORTOBELLO PLAT to read 1136,342 square feet of retail and 1,188 square feet of office" instead of 1131,000 square feet of retail. and 7,000 square feet of office". SYNOPSIS OF ACTION: RESOLUTION R-91-143-PASSED APPROVED I F] City Council Regular Meeting 8/14/91/KJ Page 5 g. authorizing the appropriate City officials to execute a Hold Harmless Agreement with Mobil Oil Corporation for the installation of two (2) monitoring wells in the City right-of-way of NW 77 Street by MOBIL OIL SERVICE STATION at 7705 NW 88 Avenue. SXNQPJJS OF ACTION: RESOLUTION R-91-144-PASSED APPROVED h. XQTION TO APPROVE the attendance of Abbe Hoctor at the Third Urban and Community Forestry Conference on September 3-4, 1991, Marco Island, Florida. ,0- ��. al W W NOW 2� V/M Bender MOVED to APPROVE the Consent Agenda, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 4. a. MOTION TO- ACCEPT a check from the School Board of Broward County in the amount of $29,740.00 for parking and pavement improvements at the TAMARAC MULTI- PURPOSE RECREATION CENTER parking lot. b. MOTION TO APPROVE the transfer of $19,000.00 from Contingency Account 001-872-588-975 to Special Equipment Account 001-552--572-647 and $10,740.00 from Contingency Account.001-872-588-975 to Beautification Account 001-552-572-4RX to provide funding for special equipment and beautification at the TAMAR.AC MULTI -PURPOSE RECREATION CENTER. i SYNOPSIS OF ACTION, 4.a. ACCEPTED 4.b. APPROVED 4.a. Assistant City Manager Couzzo said the City has received a check from the Broward County School Board in the amount of $29,740.00 for the Multi -Purpose Center parking lot and the construction has begun.. C/M Katz MOVED to ACCEPT the check, SECONDED by C/W Glasser. VOTE: ALL VOTED AYE 4.b. V/M Bender MOVED to APPROVE Item 4.b., SECONDED by C/M Schumann. Assistant City Manager Couzzo said this takes the money received from the Broward County School Board and transfers it from Contingency to an Operating account so it can be utilized for the project at the Multi -Purpose Center. C/M Schumann asked what the cushioned utility vehicle is and Assistant City Manager Couzzo said it is similar to a golf cart and runs by gasoline or electricity, whichever is available on the State Contract. VOTE: ALL VOTED AYE City Council Regular Meeting 8/14/91/KJ Page 6 5. MOTION TO APPROVE Contingency Account Propane Gas Account funding for propane rainfall. �•.. 9) 4Wxq oo), IR F.11% the transfer of $6,000.00 from 001-872-588-975 to Public Services 001-417-539-436 to provide additional for the canal pumps due to unusually high C/M Katz MOVED to APPROVE Item 5, SECONDED by C/W Glasser. Assistant City Manager Couzzo said this line item was budgeted based on previous years of rainfall and the amount of time the canal pump engines are run on the C-14 canal to lower the elevations of the canals within the City. He said these are propane fueled pumps and, due to the excess amount of rainfall this year, the City used an excess of what was originally estimated. C/M Katz asked if the City retains its own gas storage tanks in the new facility and Assistant City Manager Couzzo said the City retains gasoline and diesel, but not propane. C/M Schumann asked if the propane is purchased on an "as needed" basis and Assistant City Manager Couzzo said, yes. VOTE: ALL VOTED AYE TAPE 2 1 6, approving a waiver to the sign ordinance to permit a 74 square foot ground directory sign 10 feet from the property line for STARR CENTER (tabled on 12/19/90). SYNOPSIS OF-- ACTION* RESOLUTION R-91-145--PASSED APPROVED as amended for the sign to be 5-feet high by 12-feet wide and the square footage of the sign as 60 square feet with 14 square feet for the footer. City Attorney Ruf read Temp. Reso. #5940 by title. V/M Bender MOVED to APPROVE Temp. Reso. #5940, SECONDED by C/M Schumann. Kelly Carpenter, Director of Community Development, said this is an application for a waiver to the Sign Code, Section 18-65, Subsection 6. She said the sign application has been denied by the Building Department for the following reasons: 1) the directory sign exceeds 12 square feet, 2) the letters in the name of the complex exceed 6 inches in height, 3) the tenant names appear to exceed 4 inches in height, 4) the sign is closer than 50 feet from the property line, and 6) the plan does not indicate landscaping at the base. She said the Building Official cannot recommend approval because it does not meet these sections of the Code. Ms. Carpenter said Council set a precedent in July by waiving a similar situation. She said the Code states that a directory sign cannot be closer than 50 feet from the property line and this sign is only 10 feet from the property line. She said the Petitioner is present. Richard Michaelson, owner, said he feels there is a great deal of difficulty due to not having a sign. He said there have been many potential tenants look at the building; however, they do not want City Council Regular Meeting 8/14/91/KJ Page 7 to rent because there is no sign to advertise their business. He said the current tenants have indicated that they are unhappy due to no sign being available. He said one of the tenants has indicated that he does not intend to renew his lease using this as one of his objections. Mr. Michaelson said the original plans had provided for a directory sign at this location and the plan was approved by the City. He said the City amended its Sign Ordinance to make the current provisions during the time between plan approval and the permit application submittal; therefore, the permit was denied. He said there is no place to place a sign due to the way the building was constructed, except for the place indicated on the original plans. He said if the sign is placed 50 feet from the property line, it would be in the driveway or on the sidewalk and would be hidden by some of the landscaping. C/M Katz asked if there is going to be some landscaping in the area of the sign and Mr. Michaelson said there is landscaping presently. C/M Katz asked if it is an illuminated sign with a plastic face and Mr. Michaelson said, yes. C/M Katz asked if the sign sits on top of a footer and Mr. Michaelson said it is a monument sign. Mayor Abramowitz said he has no objection if the sign is esthetically pleasing. C/W Glasser said there are many empty business spaces throughout the City. C/M Schumann said it appears that the 12 foot length is going to be facing the building and Mr. Michaelson said it will be diagonal. C/M Schumann asked if the sign will use 40 watt flourescent for low luminesence and Mr. Michaelson agreed. V/M Bender asked if the sign is 60 or 74 square feet and Ms. Carpenter said the sign is 5 feet wide, 12 feet height for a total of 60 square feet and the footer brings it to 74 square feet. C/M Katz said the application needs to be amended by reversing the sizes. C/M Katz MOVED to APPROVE Temp. Reso. #5940 as amended, SECONDED by C/M Schumann. VOTE: ALL VOTED AYE 8. a. MOTION .TO ADOPT „TftMp _ Reso, #6056 approving SPRING HOUSE APARTMENTS revised site plan for fifteen multiple bay garages (tabled on 7/2/91). b• approving a Restrictive Covenant restricting the use of fifteen multiple bay garages to vehicle parking only at SPRING HOUSE APARTMENTS. (located at the northeast corner of Commercial Boulevard and Rock Island Road) RESOLUTION R-91-146-PASSED RESOLUTION R-91-147-PASSED APPROVED 8.a. City Attorney Ruf read Temp. Reso. #6056 by title. Mayor Abramowitz said Item 8.a. is contingent upon Item 8.b. and City Attorney Ruf agreed. C/M Schumann asked what the definition for vehicle is and Ms. City Council Regular Meeting 8/14/91/KJ Page 8 Carpenter said it is understood by the applicant, the Planning Commission and Staff to mean an automobile, truck'or motorcycle and a boat or airplane is not considered a vehicle. C/M Katz MOVED to APPROVE Temp. Reso. #6056, SECONDED by. C/M Schumann. VOTE: ALL VOTED AYE 8.b. City Attorney Ruf read Temp. Reso. #6115 by title. C/M Schumann MOVED to APPROVE Temp. Reso. #6115, SECONDED by C/M Katz. VOTE: ALL VOTED AYE 10, R authorizing the appropriate City officials to execute an Agreement with Richard C. Jones, Trustee, concerning property in LAND SECTION 7. SYNOPSIS OF ACTION: APPROVED RESOLUTION R-91-148-PASSED City Attorney Ruf read Temp. Reso. #6116 by title. C/M Katz MOVED to APPROVE Temp. Reso. #6116., SECONDED by V/M Bender. City Manager Kelly said when this property was secured for the City, approximately 17.5 acres was transmitted to the City. He said the original terms of the agreement stated that the trustee shall have the right of first refusal to purchase the property if and when the City would want to sell it. He said this right of first refusal included that he could buy it back at the lesser of the per acre price of any such offer to purchase or the purchase price of $20,977.50 per acre with the proportionate CPI increases through the ensuing years. City Manager Kelly said it was found that this would not be to the City's advantage and during the course of the action in trying to access a DRI (Development of Reasonable Impact) on Land Section 7 in order that they could develop, the City was able to renegotiate better terms for the City with the developer. City Manager Kelly said the developer is agreeable to maintain his right of first refusal for the property but it will not be at the original price, but would be at the same price as a prospective purchaser's bonafide offer to purchase the property. He said a bonafide offer is defined as an offer which is equivalent to or less than the firm market value of the property, or a portion thereof, by a credit -worthy prospective purchaser. City Manager Kelly said this involves a great deal of money to the City's behalf. He said the agreement also includes the responsibilities for any prospective purchaser and/or including the City for the property which will now abut the proposed Hiatus Road that will go through that portion of the property. He said whoever taps into that property, will have to assist in the development of the road or pay for their fair share of the cost of the road. He said these terms are advantageous to the City and he recommended approval. Mayor Abramowitz said this could mean a great deal of money for the City if the property is sold. City Council Regular Meeting 8/14/91/KJ Page 9 C/M Katz asked if this offer would restrict the City's position if there was a tentative purchaser and questioned whether this will go through a negotiation process and City Manager Kelly said, yes. VOTE: ALL VOTED AYE 11. XOTJQN TO ADOPT TOMB. Ord. #1565 on first reading to create Section 2.3 of the Code to prohibit any person not employed by the City from entering any City office except those areas designated for the general public without specific invitation for the purpose of conducting City business. SxXQPSIS OF ACTION: APPROVED on first reading. Public hearing and second reading will be held on Wednesday, August 28, 1991 at or after 10:00 a.m. City Attorney Ruf read Temp. Ord. #1565 by title. C/M Schumann MOVED to APPROVE Temp. Ord. #1565, SECONDED by V/M Bender. Mayor Abramowitz said the purpose for this Ordinance is due to people going into the offices at odd hours of the day without authorization. He said people have gone through the offices, desks and reviewed documentation. He said this is to help to protect the Staff and Council and to let the people know that they cannot come ■ into the offices and go through people's desks without authorization. VOTE: ALL VOTED AYE 12• on first reading to create Article VI of Chapter 6 of the Code to provide for the levying of a ten (10) percent public service tax on each and every purchase of metered or bottled gas (natural liquified petroleum gas or manufactured) within the City limits. APPROVED on first reading. Public hearing and second reading will be held on Wednesday, August 28, 1991 at or after 10:00 a.m. City Attorney Ruf read Temp". Ord. #1570 by title. Mayor Abramowitz said this is only for bottled gas. He said the City of Tamarac has been negotiating with the City of Sunrise to bring natural gas into the western portion of the City. He said there have been requests from the businesses located in the western portion of the City for natural gas. He said this could be a major draw for Land Section 7. He said the City intends to have a franchise tax on the gas which will effect the commercial establishments. C/M Katz said this franchise tax will extend to natural gas and bottled gas; therefore, they will be on an equal foot to sell. C/M Katz -MOVED to APPROVE Temp. Ord. #1570, SECONDED by V/M Bender. VOTE: ALL VOTED AYE BARD 13. City Council C/M Schumann - No report. City Council. Regular Meeting 8/14/91/KJ Page 10 C/M Katz said the drainage situation on Rock Island Road between Commercial Boulevard and Bailey Road was impassable. He said the Public Works Department contacted Broward County and they will be changing the grading and the runoff. C/M Katz said Public Works is responsible for cutting behind the fence contiguous to the Sawgrass Expressway and this area has not been cut and is completely overgrown. C/W Glasser said she feels that it is Manager Kelly give a response to the quite concerned with the article that Sentinel regarding the money that was BSO. She said the residents also have Tamarac may be subsidizing Lauderhill V/M Bender - No report. very important that City residents of the City who are was written in the Sun supposedly overpaid to the a concern that the City of and Lauderdale Lakes. Mayor Abramowitz said the City, in conjunction with University Hospital, will be offering flu shots again this year. He said it will be advertised in advance and will be held on a single day. He said he has requested an increase to 1,000 shots. Mayor Abramowitz said the Public Works Department has been waiting for the sale of the old City Hall to purchase much needed equipment. He said the Public Works Department has 6 or 7 men cutting 6 million square feet of grass in the City. He said he intends to fight vigorously during the budget process to find a way for the Public Works Department to purchase the equipment needed. He said he feels beautification is very important in the City. 14. City_ Manager City Manager Kelly responded to the statement regarding the deliverance of the budget message. He said the issue was discussed with each member of Council prior to their vacation from July 11 through August 9, 1991. He said their first official returning day was on August 12, 1991, which was the day that the budget message was officially made public. He said if the Council is not present to submit the message, it cannot be done. C/M Katz requested a show of interest for a joint meeting between the City Council and the Charter Board for recommendations for a Referendum in March. Mayor Abramowitz said that has been handled and the Charter Board is officially on vacation at this time. C/W Glasser recognized V/M Arthur J. Bross from the City of Margate. With no further business, Mayor Abramowitz ADJOURNED this meeting at 8:20 p.m. � j r NORMAN ABRAMOWITZ _ ,./� OF TALC MAYOR CAROL A. EVANS APPROVED AT MEETINOF CITY CLERK--y City Clerk "This public document was promulgated at a cost of $124.78 or $2.77 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." [l