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HomeMy WebLinkAbout2016-04-25 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MONDAY, APRIL 25, 2016 CALL TO ORDER: Mayor Harry Dressler called the Workshop of the City Commission to order at 9:32 a.m. on Monday, April 25, 2016 in Conference Room 105, City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321. ROLL CALL: Mayor Harry Dressler, Vice Mayor Diane Glasser, Commissioner Pamela Bushnell, Commissioner Michelle J. Gomez and Commissioner Debra Placko were in attendance. Also in attendance were City Manager Michael C. Cernech, Assistant City Manager Diane Phillips, City Attorney Samuel S. Goren and City Clerk Patricia A. Teufel. PLEDGE OF ALLEGIANCE: Commissioner Placko led the Pledge of Allegiance 1. Public Art Projects Update - Community Development Director Maxine Calloway, Public Art Administrator George Gadson and Public Art Committee Chair Tobey Archer appeared. Mr. Gadson and Community Development Director Calloway gave a presentation, a copy of which is on file in the City Clerk's Office. Mr. Gadson gave a status on the Veteran's Tribute Wall and he and Ms. Calloway responded to concerns expressed by Mayor Dressler. Mayor Dressler said he would like to see something in Veteran's Park honoring the "shadow warriors" who work behind the scenes and get little or no recognition. Mr. Gadson and Ms. Archer said the Public Art Committee will look into something to honor the "shadow warriors". Ms. Calloway noted that they have reached 600 names for the first six panels and the Historical Society will continue to collect names and when another 100 names have been reached another panel will be commissioned. Mr. Gadson talked about different types of art and the 5 Semi -Finalists chosen to submit concepts for the Tamarac Significant Sculpture to be placed on an easement on Commercial Blvd. near the Woodlands. Mr. Gadson said the Art Committee recommended the sculpture submitted by the artist Todd Frahm. Commissioner Gomez said she was concerned that the sculpture would be hidden by the buffer wall and Community Development Director Calloway said there is no buffer wall proposed for that area. There was a discussion among the Commission members as to which sculpture each favored and the possible placement of two of the sculptures in other areas in the City. Mr. Gadson and Ms. Calloway responded to questions from the Commission throughout the presentation. City Manager Cernech said the Public Art Committee wants to move forward for ultimate approval from the Commission and if the Commission does not approve the recommendation of the Committee they need to know it know before going to contract with the artist. Today's update was to provide the Commission an opportunity to see what the Committee has seen. A decision is not needed today but if the Commission is not happy with what is being recommended, it is good to let them know now. The Page 1 of 6 COMMISSION WORKSHOP MEETING April 25, 2016 Commission continued their discussion as to which sculpture they favored and why they liked that particular sculpture. Mayor Dressler noted that there are two beautiful works of art located between the Community Center and the Library and said he believed that the placement was not right and should be moved to a location where they would be move visible. Mayor Dressler asked the Public Art Committee to come back with another update and a suggestion for a new location. Community Development Director Calloway said the Committee will work with Mr. Frahm, Mr. Heuther and Mr. Stoller on the suggested changes to their sculptures and will bring the enhanced sculptures back to the Commission at a future workshop. Mr. Gadson continued the presentation regarding the Tamarac Public Art Fence Designs for Tamarac Parks and went over the four designs the Public Art Committee has recommended. Mr. Gadson talked about the upcoming project for Sunset Pointe Park Public Art and the Public Art Committee's recommendation to use the Signature Sculpture submitted by Mr. Robertson for the overpass on University Drive. Mr. Gadson also spoke about the proposed Art on the Avenue Project proposed for Nob Hill Road between Commercial Blvd. and McNab Road. Mr. Gadson and Ms. Calloway responded to questions from the Commission regarding the fences and upcoming projects. 2. T02339 - Amendment to the Charter of the City of Tamarac at Article XII, entitled "Miscellaneous Provisions," and in particular deleting Section 12.06 entitled "Residential Growth Control": Item No. 8 (a) on Ordinance(s) - First Reading: (T02339) An Ordinance of the City of Tamarac, Florida, submitting to Referendum an amendment to the Charter of the City of Tamarac at Article XI I, entitled "Miscellaneous Provisions," and in particular deleting Section 12.06 entitled "Residential Growth Control"; deleting the Residential Growth Control Provisions from the City Charter since the concept of Residential Growth Control is contemplated by the City's Comprehensive Plan; providing for a notice of an advertisement of the Referendum Election to be published in accordance with the Code of Ordinances and the Charter of the City of Tamarac, Florida, as well as the State of Florida Election Code; providing that this Ordinance, when adopted, shall be submitted to the qualified electors of the City of Tamarac, on the November 2016 General Election Ballot and it shall become effective as provided by law; providing for the place and places where said Election is to be held; providing for conflicts; providing for severability; providing for inclusion in the code; and providing for an effective date. Assistant City Attorney Jacob Horowitz, Community Development Director Maxine Calloway and Charter Board Chair Barbara Tarnove appeared. Assistant City Attorney Horowitz introduced Charter Board Members Herbert Daley and Mona Malbranch who were also in attendance at the meeting. Assistant City Attorney Horowitz gave a brief presentation on the proposed ordinance and referendum question. City Attorney Goren said it is very important to get this and the other three referendum questions on the November Ballot and in order to do so, this information must be at the Supervisor of Elections Office by June 20th. The Charter Board worked diligently on these items and if you pass these items on first reading on Wednesday, second reading will take place at the May 11, 2016 Commission meeting. Mayor Dressler asked Assistant City Attorney Horowitz to address T02340, T02341 and �. T02342 together. Page 2 of 6 COMMISSION WORKSHOP MEETING April 25, 2016 3. T02340 - Amendment to the Charter of the City of Tamarac at Article VI, entitled "Qualifications and Elections," and in particular amending Section 6.03 entitled "Redistricting" Item No. 8 (b) on Ordinance(s) - First Reading: (T02340) An Ordinance of the City of Tamarac, Florida, submitting to Referendum an amendment to the Charter of the City of Tamarac at Article VI, entitled "Qualifications and Elections," and in particular amending Section 6.03 entitled "Redistricting", providing for Redistricting for the City every ten (10) years following the census, providing for a Notice of an Advertisement of the Referendum Election to be published in accordance with the Code of Ordinances and the Charter of the City of Tamarac, Florida, as well as the State of Florida Election Code; providing that this Ordinance, when adopted, shall be submitted to the qualified electors of the City of Tamarac, on the November 2016 General Election Ballot and it shall become effective as provided by law; providing for the place and places where said Election is to be held; providing for conflicts; providing for severability; providing for inclusion in the code; and providing for an effective date. . 4. T02341 - Amendment to the Charter of the City of Tamarac at Article X, entitled "City Clerk," and in particular amending Section 10.01 entitled "Appointment and Compensation", amending Section 10.03, entitled "Suspension or Removal;" providing for consistency between the City Clerk position and the position of other City Department Heads Item No. 8 (c) on Ordinance(s) - First Reading: (T02341) An Ordinance of the City of Tamarac, Florida, submitting to referendum an amendment to the Charter of the City of Tamarac at Article X, entitled "City Clerk," and in particular amending Section 10.01 entitled "Appointment and Compensation"; amending Section 10.03, entitled "Suspension or Removal;" providing for consistency between the City Clerk position and the position of other city department heads; providing for a Notice of an Advertisement of the Referendum Election to be published in accordance with the Code of Ordinances and the Charter of the City of Tamarac, Florida, as well as the State of Florida Election Code; providing that this Ordinance, when adopted, shall be submitted to the qualified electors of the City of Tamarac, on the November 2016 General Election Ballot and it shall become effective as provided by law, providing for the place and places where said Election is to be held, providing for conflicts; providing for severability, providing for inclusion in the code, and providing for an effective date. 5. T02342 - Amendment to the Charter of the City of Tamarac at Article V, entitled "City Manager," and in particular amending Section 5.04 entitled "Powers and Duties of the City Manager"; deleting the reference to the City's Building Official in the City Charter and providing for consistency with the Building Official position and the position of other City Department Heads Item No. 8 (d) on Ordinance(s) - First Reading: (T02342) An Ordinance of the City of Tamarac, Florida, submitting to Referendum an amendment to the Charter of the City of Tamarac at Article V, entitled "City Manager," and in particular amending Section 5.04 entitled "Powers and Duties of the City Manager"; deleting the reference to the City's Building Official in the City Charter and providing for consistency with the Building Official position and the position of other city department heads; providing for a Notice of an Advertisement of the Referendum Election to be published in accordance with the Code of Ordinances and the Charter of the City of Tamarac, Florida, as well as the State of Florida Election Code; providing that this Ordinance, when adopted, shall be submitted to the qualified electors of the City of Tamarac, on the Page 3 of 6 COMMISSION WORKSHOP MEETING April 25, 2016 November 2016 General Election Ballot and it shall become effective as provided by law; providing for the place and places where said Election is to be held; providing for conflicts; providing for severability; providing for inclusion in the code; and providing for an effective date. Assistant City Attorney Horowitz continued to give brief presentations on T02340, T02341 and 2342 on the proposed ordinances and referendum questions. All agreed that all four ordinances and referendum items were merited. Mayor Dressler thanked the Charter Board for their work on the aforementioned items. City Attorney Goren said some of the work may appear to be housekeeping but it is not and was very carefully reviewed by staff, the City Attorney's Office and the Charter Board. City Attorney Goren noted that the changes reflect needed changes to the Charter. 6. TR12761 - Award Bid 16-05B for Construction of Buffer Wall Phase I: Item No 6 (d) on the Consent Agenda. (TR12761) A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 16-05B to and approving an Agreement With MBR Construction, Inc. for the construction of Citywide Buffer Wall Project Phase I, in accordance with Bid No. 16-05B for a contract amount of $1,128,075.82; a contingency in an amount of $112,807.58 will be added to the project account, for a total project budget of $1,240,883.40; authorizing an expenditure from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. Public Services Director Jack Strain, Assistant Public Works Director John Doherty and Purchasing/Contracts Manager Keith Glatz appeared. Assistant Public Works Director Doherty gave a presentation, a copy of which is on file in the City Clerk's Office. All were in agreement that it was good to see this project moving forward. 7. TR12766 - Maintenance Agreement for Atlantic Cypress Creek, LLC: Item No. 6 (b) on the Consent Agenda. (TR12766) A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to execute a Maintenance Agreement between the City of Tamarac and Atlantic Cypress Creek, LLC; providing for conflicts; providing for severability; and providing for an effective date. Public Services Director Jack Strain, Assistant Public Works Director John Doherty and Assistant Community Development Director Frank Zickar appeared. Assistant Public Works Director John Doherty gave a presentation, a copy of which is on file in the City Clerk's Office. Public Services Director Strain, Assistant Public Works Director John Doherty and City Attorney Goren responded to a few questions and concerns from the Commission. Mayor Dressler recessed the meeting at 11:24 a.m. and reconvened the meeting at 11:49 a.m. with all present as before. 8. T02333 - Commercial Vehicle Ordinance Item No. 8 (e) on Ordinance(s) - First Reading: (T02333) An Ordinance of the City Commission of the City of Tamarac, Florida amending Chapter 14 of the City's Code of Ordinances, entitled "Motor Vehicles and Traffic" by specifically amending Article II, entitled "Stopping, Standing and Parking," Section 14-30 entitled "Parking or Storage of Commercial or Recreational Vehicles, Boats and Boat Trailers" to prohibit the parking and storage of certain commercial and recreational vehicles in residential areas except as provided herein; Page 4 of 6 COMMISSION WORKSHOP MEETING April 25, 2016 providing for codification; providing for conflicts; providing for severability; and providing for an effective date. Community Development Director Maxine Calloway and Code Enforcement Manager Scott Krajewski appeared. Community Development Director Calloway said this is the third time this Ordinance has been brought before the Commission and on April 11t" staff was asked to go back and ponder some items and bring back suggested changes. The Commission had asked staff to include vehicles with visible ladders, buckets, aerial devices, refrigerated boxes or any equipment related to a commercial use; vehicles obstructing sidewalks and the number of recreational vehicles, boats and boat trailers allowed. Community Development Director Calloway said staff contacted a number of surrounding cities and the proposed Ordinance is consistent with most of the cities contacted. Community Development Director Calloway gave a presentation, a copy of which is on file in the City Clerk's Office. Mayor Dressler asked for the definition of "vessel" to be changed to "maritime vessel". City Attorney Goren said his office will work with staff to clarify the definition of "vessel". Community Development Director Calloway responded to questions and concerns from the Commission throughout the presentation. All agreed that the proposed Ordinance was reasonable. City Attorney Goren said the staffs analysis and their measured rational approach to the regulations was also measured by the City Attorney's Office in the context of Chapter 70, F.S. - the Bert J. Harris Act. Interestingly, Florida has a property rights statute, Chapter 70, which is not like any other, which gives property rights to individuals who might otherwise be affected by government actions and regulations. This ordinance when tested will be consistent with the Bert J. Harris Act and is reasonable, rational and not arbitrary and capricious. There is also an aspect of it called FLUEDRA, which is the Florida Land Use and Environmental Dispute Resolution Act, which is the challengeable portion when a government gets sued .This Ordinance is well reasoned, thoughtful and defensible. OTHER BUSINESS: City Attorney Goren said Tamarac adopted a resolution in support of the Infrastructure Surtax. Pembroke Pines, by a vote of 4 to 1, also passed a resolution in support of the Infrastructure Surtax which is just about 55% of the population of Broward County supporting the surtax. Sunrise is meeting tomorrow and if they approve the resolution you will have 55% of the population of Broward County supporting an Infrastructure Surtax. This will provide the message, which the MPO has been seeking to achieve, that would allow the County Commission to recognize where its interests may lie depending upon the cities ultimate vote count. This surtax will provide for a wider array of options to this government which is the 60% - 40% split. This split is defined by Chapter 218 as being population based and the end result that 60% goes to the cities and 40% goes to the County. This is different than what is being described by the County Commission in its thoughts of achieving a transportation surtax option which will be on the table for the County Commission to discuss tomorrow. City Attorney Goren said Coral Springs did not take any action on a resolution in support of the Infrastructure Surtax. If Sunrise takes action on Tuesday to approve it, Page 5 of 6 COMMISSION WORKSHOP MEETING April 25, 2016 then it will be an item that can move forward. There will have to be an Interlocal Agreement that provides a mechanism for collection and disbursement of the funds to the cities and County. Pembroke Pines thought about it very carefully and thought about how to approach it and the City Manager made a recommendation to support the "— Infrastructure Surtax and the Commission ultimately passed a resolution in support of the Infrastructure Surtax. There was a discussion about an email from Sunrise Mayor Mike Ryan dated April 21, 2014 regarding his thoughts on the Transportation Surtax and the Infrastructure Surtax and his belief that it will be impossible for Broward County to meet the May 31, 2016 deadline to prepare, approve and distribute an acceptable Interlocal Agreement. A copy of Mayor Ryan's email is on file in the City Clerk's Office. City Attorney Goren responded to questions, comments and concerns from the Commission. Mayor Dressler asked City Attorney Goren to provide the Commission with an update at the meeting on Wednesday. There being no further business to come before the City Commission for consideration, Mayor Dressler adjourned the meeting at 12:57 p.m. atricia Teufel, CM City Clerk � � pF TAA4,q / E-STABLISHED :mot= 1933 �.�'• SEAL 0: Page 6 of 6 COMMISSION WORKSHOP MEETING April 25, 2016