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
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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.
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* 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.
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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.
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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.
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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
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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.
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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
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