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HomeMy WebLinkAbout1989-01-05 - City Commission Special Meeting Minutes4OR10 PC? Box 25010 'TAMARAC; FLORIDA 33326 RECORD OF COUNCIL ACTIONS/DISCUSSIONS SPECIAL MEETING CITY COUNCIL OF TAMARAC, FLORIDA There will be a Special Meeting of the City Council on Thursday, January 5, 1989 at 10:00 A.M. in Conference Room #1 (Room 103) City Clerk's Office, City Hall, 7525 NW 88 Avenue, Tamarac, Florida. The purpose of this meeting is discussion and possible action on: 1. MOTION TO ADOPT Temp. Reso. #5276 approving waiver from Section 21-3 of the sign code pertaining to color of a ground sign on University Drive requested by Albertson's, Inc. (located at the northeast corner of McNab Road and University Drive). FINAL ACTION: RESOLUTION NO. R-89-1 PASSED. APPROVED subject to the height of the sign conforming to the City of Tamarac Code provisions. 2. MOTION TO APPROVE use of Tamarac's showmobile by the Lauderhill/Lauderdale Lakes Chamber of Commerce on January 14, 1989 and January 15, 1989 and waiver of all City fees. FINAL ACTION: APPROVED subject to submittal of a Hold Harmless Agree- ment that is satisfactory to the City Attorney. 3. MOTION TO APPROVE waiver of collection of new Burglar Alarm Fees. FINAL ACTION: The City Council determined that in view of the fact that the new Burglar Alarm Ordinance is being considered by the City Council and, when passed, will not call for yearly fees, the City Council desired to waive the collection of new fees until such time as the new Burglar Alarm Ordinance is either passed or defeated. The City Council may consider and act upon such other busi- ness as may come before it. All meetings are open to the public. Carol A. Evans City Clerk CAE/pm Pursuant to Section 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 will need a record of the proceedings and for suw purpose, he may need to ensure that a verbatim record include; ttib testimony and evidence upon which the appeal is to be ba-z-1 CITY OF TAMARAC CITY COUNCIL SPECIAL MEETING THURSDAY, JANUARY 5, 1989 TAPE 1 CALL TO ORDER: Mayor Abramowitz called this meeting to Order on TfiursJay, January 5, 1989 at 10:00 A.M. in Conference Room #1 (City Clerk's Office). PRESENT: Mayor Norman Abramowitz Vice Mayor Jack Stelzer Councilman Dr. H. Larry Bender Councilman Bruce Hoffman Councilman Henry Rohr ALSO PRESENT: John P. Kelly, City Manager Richard Doody,'City Attorney Dale Lee, Acting Building Official Patricia Marcurio, Office Manager City Clerk's Office 1. MOTION TO ADOPT Temp. Reso. #5276 approving waiver resection 21-3 of the sign code pertaining to color of a ground sign on University Drive requested by Albertson's, Inc. (located at the northeast corner of McNab Road and University Drive) . SYNOPSIS OF ACTION: RESOLUTION NO. R-89-1 - PASSED APPROVED subject to the height of the sign conforming to the City of Tamarac Code provisions. City Attorney Doody read Temp. Reso. #5276 by title. * C/M Bender MOVED to APPROVE Temp. Reso. #5276, * SECONDED by C/M Rohr. Mayor Abramowitz said Dale Lee, Acting Building Official, submitted the information requested by the City Council at the December 28, 1988 City Council meeting. He said the information pertained to the transfer of the existing trees and replacement of any trees that died. Dale Lee, Acting Building Official, said the waiver originally asked for a 25-foot sign; however, Albertson's agreed to the sign being 12-foot providing the trees located in the area could be relocated so that the sign was visible. He said Albertson's agreed to be responsible for relocating the trees and replacing any that die. City. Attorney Doody said the height of the sign being 12-feet was in the Resolution and the waiver application because the sign must conform with the existing Sign Code provisions. V/M Stelzer asked what would happen if the provisions for the Pylon Signs are changed and City Attorney Doody said this matter could be addressed when it occurred. Mayor Abramowitz said if this occurred, a grace period could be given and City Attorney Doody said the City Council could grandfather the existing sign into the new Page 1 1/5/89 Sign Ordinance or a period of Moratorium could be granted. He said this was a policy decision and the City Council had the power to do either of these things. City Manager Kelly suggested that the City Council discuss what should be done if the Sign Ordinance provisions changed. Mayor Abramowitz said there were several businesses who conformed with the existing Sign Ordinance during the time the new Sign Ordinance was being considered. C/M Hoffman said if the Sign Ordinance was revised there would be two types of signs that would not be in conformance. He said one type would be those signs which conformed with the existing Sign Ordinance and the other type of sign would be those that did not conform with the existing Sign Ordinance. He said these matters would have to be considered for grace; however, he did not agree to giving the same amount of grace time to those businesses who did not conform with the existing Sign Ordinance. During the Vote, C/M Hoffman stated that he did not approve of granting a waiver on sign color. VOTE: Mayor Abramowitz - Aye V/M Stelzer - Aye C/M Sender - Aye C/M Hoffman - Nay C/M Rohr - Aye 2. MOTION TO APPROVE use of Tamarac's showmobile by the Lauderhill Lauderdale Lakes Chamber of Commerce on January 14, 1989 and January 15, 1989 and waiver of all City fees. SYNOPSIS OF ACTION: APPROVED subject to submittal of a Hold Harmless Agreement that is satisfactory to the City Attorney. * C/M Bender MOVED to APPROVE this Item, SECONDED by C/M Hoffman. City Manager Kelly said he received a letter from the Lauderhill Chamber of Commerce asking if they could use Tamarac's showmobile. He said he discussed this matter with the Public Works Director who indicated that this was not usually done; however, he would not object to it. C/M Rohr asked if delivering the showmobile would cost Tamarac money "and City Manager Kelly said there would be a set-up cost; however, the Cities of Lauderhill and Lauderdale Lakes have assisted Tamarac in the past by lending equipment, etc., at no cost. He said his main concern was the liability aspect of lending the showmobile. City Attorney Doody suggested the Item be approved contingent upon the Lauderhill/Lauderdale Lakes Chamber of Commerce submitting a Hold Harmless Agreement to his office for his approval. Mayor Abramowitz said the Cities of Lauderhill and Lauderdale Lakes have assisted Tamarac several times in the past and he approved of lending the showmobile to them at no cost providing an appropriate Hold Harmless Agreement was submitted to Tamarac. I Page 2 1/5/89 * C/M Bender AMENDED his MOTION for APPROVAL contingent upon the * Lauderhill/Lauderdale Lakes Chamber of Commerce submitting * a Hold Harmless Agreement to the City Attorney for approval, * C/M Hoffman AMENDED his SECOND. VOTE: ALL VOTED AYE City Manager Kelly said he was reading a few Articles regarding zero-scape vegetation. He said this meant very little watering. He said he instructed the Public Works Director to adopt a policy of planting at least one tree per day. City Manager Kelly said the City received a permit from the South Florida Water Management District for withdrawal meaning the City's right to take water from the Biscayne Aquifer to provide potable water to the residents; however, there was a condition in the permit stating that Tamarac would adopt a Zero-scape Ordinance. He said he contacted Commissioner John Parks' Office to see if the surrounding Cities are required to do the same. V/M Stelzer asked what the restrictions are and City Manager Kelly said the restrictions pertain to the type of vegetation planted. City Manager Kelly said the vegetation planted would be the type that would not need excessive watering. He read from a Los Angeles, California, Ordinance pertaining to this matter. V/M Stelzer asked if this would pertain to future developments and City Manager Kelly said this matter should be brought to the existing residents and businesses so that the water amount being used could be reduced. Mayor Abramowitz said he would like the City to put a program in effect before they are mandated to do so by the State. C/M Bender suggested that Roy Rogers, Professional Landscaper, be contacted to assist the City on this matter. C/M Hoffman asked if a list of requirements could be drawn up for the residents and City Manager Kelly replied, yes. Mayor Abramowitz said he recently spoke to a man who wanted to donate approximately 150 trees to the City if they could be used. He said there were four different trees to choose from. He said he asked the man to contact the Public Works Director or the City Manager and he suggested City Manager Kelly contact the Public Works Director regarding this matter. C/M Rohr suggested that the City Manager inform the residents of this matter at the January 11, 1989 City Council meeting. He said this information would inform the residents and warn the developers of future plans in the City. Page 3 1/5/89 3. MOTION TO APPROVE waiver of collection of new Burglar Alarm Fees. SYNOPSIS OF ACTION: The City Counc 1 determined that in view of the fact that the new Burglar Alarm Ordinance is being considered by the City Council and, when passed, will not call for yearly fees, the City Council desired to waive the collection of new fees until such time as the new Burglar Alarm Ordinance is either passed or defeated. Mayor Abramowitz had concerns with the yearly bills for the Burglar Alarm Fees recently being sent to the residents. C/M Hoffman asked if the yearly fees would be eliminated in the new Ordinance. V/M Stelzer said a moratorium should be called for the existing Ordinance until a new Ordinance was adopted. C/M Bender said he felt uncomfortable that the City spent the money to send out the bills knowing that a new Burglar Alarm Ordinance was being considered. He said the bills indicated they must be paid by February, 1989, or there would be a penalty of $25.00. C/M Bender said further billing should be eliminated and the City Council should have known about the bills that were recently sent. V/M Stelzer said eliminating the yearly fee would be a violation of the existing Burglar Alarm Ordinance. Mayor Abramowitz suggested that Cable Channel 19 be used to inform the residents of the bills being withdrawn. He said he was against spending the funds for a second letter indicating that the first letter should be ignored. City Manager Kelly suggested that the City Council determine what should be done about the existing bills before he informed the residents not to send in the payment. He said he would like to inform the residents as to why this was being done and of the City Council's intent. V/M Stelzer suggested a Motion be made waiving the yearly fee. City Attorney Doody said a new Burglar Alarm Ordinance would be on the January 11, 1989 City Council Agenda for first reading. C/M Hoffman suggested that a provision be placed in the new Ordinance eliminating the requirement of yearly burglar alarm fees and excusing the provisions for billing. City Attorney Doody said waiving the burglar alarm fee could be done administratively. He said the City could collect the bills recently sent out and discontinue the billing process. Page 4 1 u 1/5/89 City Manager Kelly said the existing Ordinance provided that the billing take place; therefore, he could not eliminate the billing process without the City Council's approval. Mayor Abramowitz suggested that the City Council approve waiving the billing process. V/M Stelzer asked if an Ordinance was needed to amend the existing Ordinance. City Attorney Doody said a new Burglar Alarm Ordinance would be submitted to the City Council for approval on first reading at the January 11, 1989 City Council meeting. He said the new Ordinance would delete the existing Ordinance. V/M Stelzer said the new Burglar Alarm Ordinance would not be approved and implemented for one month. He suggested the City Attorney draft an Ordinance to change the provisions pertaining to the yearly fees in the existing Ordinance. City Attorney Doody said it would take approximately four weeks before that Ordinance would be adopted as well. V/M Stelzer said the Ordinance would inform the residents that the fees would be waived. Mayor Abramowitz said if the City Council approved waiving the fees the residents would be informed of this action. City Attorney Doody said by the time the Ordinance was heard on second reading, the new Burglar Alarm Ordinance would be acted on by the City Council. * C/M Hoffman MOVED that since a new Burglar Alarm Ordinance * was being considered by the City Council and, in view of the * fact that the new Burglar Alarm Ordinance, when passed, would * not call for yearly fees, it was the desire of the City Council * to waive the collection of new fees until such time as the * new Burglar Alarm Ordinance is passed or defeated SECONDED by * C/M Rohr. VOTE: ALL VOTED AYE Mayor Abramowitz suggested that the waiver be publicized immediately. C/M Hoffman suggested that the waiver be announced at the January 11, 1989 City Council meeting if the new Burglar Alarm Ordinance is approved by the City Council on first reading. Mayor Abramowitz suggested that the Tam -A -Gram and Presidents Council be notified of the waiver so that the residents could be informed. C/M Hoffman said if a person already paid the fees, they would have to apply for a refund. City Attorney Doody said the new Burglar Alarm Ordinance required the residents to fill out a form and register it with the Police Department. He asked if the City Council wanted the yearly fee provision eliminated and the City Council AGREED to eliminate the yearly fee. Page 5 1/5/89 Referring to the discussion regarding vegetation, V/M Stelzer asked whether the restrictions would pertain to orange trees. City Manager Kelly said there are no restrictions at this time as to what type of trees are to be planted; however, credits are given for planting zero-scape plants. C/M Hoffman asked what type of credits are given and City Manager Kelly replied, development. Mayor Abramowitz said zero-scape plants are very good because they would reduce water consumption. He said the Cities spent a lot of money to plant landscaping on the medians which eventually died. Dale Lee, Acting Building Official, asked if the permit addressed withdrawal from canals and City Manager Kelly said the Los Angeles, California, Ordinance did not refer to this matter. Mr. Lee said there may be a way to connect the irrigation systems to domestic water and City Manager Kelly said this matter would be reviewed. City Manager Kelly said that several departments are requesting their budgeted capital equipment. He said he would be reviewing the funds with the Finance Director to see how much was needed to purchase the capital items. City Manager Kelly said the Fire Department was investigating the possibility of leasing a new pump at no cost for the first year and approximately $35,000.00 for the second year. He said most of the items in the budget were for purchases; however, leasing these items was being investigated to determine if the costs would be lower. Mayor Abramowitz asked if the items being requested are necessary and City Manager Kelly said he would not be informing the City Council of the problems if they were not important. Mayor Abramowitz said the existing equipment was constantly needing repair. He asked if the City could borrow the money, purchase the equipment needed and avoid the additional repair costs. City Manager Kelly said he would inform the City Council of the funds needed after he and the Finance Director reviewed the budget. C/M Bender suggested that the City borrow the money from themselves as opposed to paying high interest rates to an outside agency. City Manager Kelly said this option was being considered; however, he wanted to inform the City Council of the urgency of the matter. Mayor Abramowitz said C/M Bender's suggestion was very good; however, he would like the City Attorney to inform the City Council of the legality in using the City's 1 H- I' Page 6 1/5/89 funds. He said it was the City Manager's responsibility to determine if the items being requested are necessary. C/M Hoffman asked whether there has been progress regarding the sale of the old Public Works property. City Manager Kelly said there was some pollution found on the site and the clean-up needed was being investigated. He said there was a verbal offer for the old City Hall in the amount of $750,000.00. He said the property for the written offer was supposed to be submitted to him December 28, 1988 City Council meeting; however, it was not. He said he contacted the proposer; however, he has not received a response. He said the offer was for cash and the proposer would not occupy the building until June, 1990. C/M Bender suggested the City Manager send a written offer to the proposer as opposed to waiting for a response by telephone. City Manager Kelly said he would discuss this matter with the City Council individually. He said the proposer was interested in using the facility for his blood supply business. C/M Rohr asked if the City Manager heard from Waste Management, Inc., regarding the recycling program. City Manager Kelly said Ms. Kelly from Broward County was scheduling a meeting with the surrounding Cities to see if they wanted to sign the same type of contract for recycling with Waste Management, Inc. v/M Stelzer asked whether there has been process on the Storm Drainage Program. He said this type of program would generate a lot of revenue for the City. City Manager Kelly said he would have to review the Community Development files on this matter. �4ayor Abramowitz suggested that the City Manager place this item on his priority list. TAPE 2 .Mayor Abramowitz said he received several calls from the Condominium Associations regarding a recycling program. He said at the City Council meeting regarding recycling City Council meeting it was discussed that each Condominium would have to be individually considered for a recycling program. He suggested that a questionnaire be given to each Condominium Association to determine the space availability, number of units and occupants. C/M Rohr said a decision as to a recycling program would not pertain to the number of occupants in the units. He said determination would have to be done by on -site review because of the space availability. He said Waste Management, Inc., would have to visit each Condominium complex and he would assist Waste Management, Inc., with this matter. Page 7 1/5/89 Mayor Abramowitz suggested that staff assist Waste Management, Inc., with the review of the Complexes after the single-family contract was approved. C/M Rohr was concerned with other Cities receiving a better contract than Tamarac. He said if the surrounding Cities signed the same type of contract with Waste Management, Inc., negotiations in the future would not be needed. V/M Stelzer had concerns with Tamarac becoming involved with the other Cities' contracts and City Manager Kelly said Tamarac did not have to be involved with the other Cities' contracts. C/M Hoffman said the meeting with the other Cities was being called because the State would not give Grant monies for recycling programs to Cities that have a population of 50,000 or less. He said the meeting and inclusion of the other Cities was not to avoid other Cities from getting a better contract than Tamarac. C/M Hoffman asked if Waste Management, Inc., would guarantee that Tamarac would have as good a contract as the surrounding Cities and City Manager Kelly said he discussed this matter with the Representatives of Waste Management, Inc., and they said they could not make this type of guarantee with Tamarac because the other Cities are asking for the same type of guarantee. He suggested that the City Council wait until the meeting with the other Cities took place before discussing this matter further. Mayor Abramowitz suggested that this matter be discussed at the monthly Northwest Council of Mayors meeting and the City Council AGREED that the City Manager would introduce this matter at that time. Mayor Abramowitz suggested that the Condominium problem be investigated further. City Manager Kelly reported that the Broward County Elections Office would be handling the Referendum for the March, 1989 Election. With no further business, meeting at 11:00 A.M. Mayor Abramowitz ADJOURNED:h iS NN11MAN ABRAMOWITZ, MAYOR CA OL A. EVANS, CITY CLERK "This public document was promulgated at a cost of $71.40 or $8.93 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 :CAM ARAC APPROVED AT MEETING OF S City Clerk 1 1 1 Page 8