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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. Page 1 1/11/90-pw 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. Page 2 1/11/90-pw * 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 Page 3 1/11/90-pw 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. n 1 1 Page 4 1/11/90-pw 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 Page 5 1/11/90-pw 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 Page 6 1/11/90-pw 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 Page 7 1/11/90-pw 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. Page 8 1/11/90--pw 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. Page 9 1/11/90-pw 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. Page 10 1/11/90-pw 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. Page 11 1/11/90--pw 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. Page 12 1/11/90-pw 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 1/11/90-pw "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 1/11/90-pw 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 1 Page 16 1/11/90-pw 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 I 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 1 �I Page 18 U 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 1/11/90-pw 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 Fi 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 11 1 in 1/11/90-pw 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