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."
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