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HomeMy WebLinkAbout2004-02-23 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, FEBRUARY 23, 2004 CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City Commission to order on Monday, February 23, 2004, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 881" Avenue, Tamarac, Florida. PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward C. Portner, Commissioner Beth Flansbaum-Talabisco, and Commissioner Marc L. Sultanof. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, Assistant City Manager Michael C. Cernech, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE LED BY MAYOR SCHREIBER: 1. FEBRUARY 25, 2004 AGENDA ITEMS: a. Item No. 6(i). ASSIGNMENT, DELEGATION AND RELEASE AGREEMENT FOR UNDERWRITING SERVICES: (TR10338) Executing the assignment, delegation and release agreement among the City of Tamarac, William R. Hough & Co., and RBC Dain Rauscher, Inc. for underwriting services for the issuance of utilities revenue bonds. Finance Director Dona Newman introduced Finance and Policy Officer Williams and Purchasing/Contracts Manager Glatz. Finance Director Newman gave a presentation and explained the merger between William R. Hough & Company and RBC Dain Rauscher, Inc. Commissioner Portner asked if the contract is assignable, if there is any charge for the assignment, and questioned the interest rate. Finance Director Newman said the contract is assignable and there is no charge or change in conditions; the average rate is 4.5% for 20 years, and the bonds will be priced in April with resolutions to come before the Commission at the 2nd meeting in March. Mayor Schreiber questioned the call date and Finance Director Newman said it is now set for 7 years into the bond. b. Item No. 6(c). AGREEMENT — MULTI -PURPOSE CENTER ROOF SYSTEM RESTORATION: (TR10350) Executing an agreement with Specified Architectural Systems, Inc., a sole source distributor, for the restoration of the translucent panel roof system at the Multi -Purpose Center; authorizing an expenditure not to exceed $80,384.70, which includes a contract price of $73,077.00 and a project contingency of $7,307.70. Public Works Director Jack Strain gave a presentation and said the work at the Multi -Purpose Center would not be as extensive as that at City Hall. Commissioner Portner asked if structural changes would outlast patchwork and Public Works Director Strain said the gaskets have deteriorated and need to be replaced, and while the distributor has given the City a 10 year warranty, Public Works Director Strain feels we should be able to get 15-20 years out of the repairs. Commissioner Flansbaum- Talabisco asked if other refurbishments would also be done at the same time as the February 23, 2004 City Commission Workshop 1 roof, and Public Works Director Strain said after the work on the roof is completed the wall where the berm used to be will be re -stuccoed and a new gym floor is in the offing. Commissioner Sultanof asked for confirmation that there would be no problems as occurred in City Hall after the refurbishing of the roof. Public Works Director Strain said the key is maintenance. Mayor Schreiber asked what the warranty covers and if an extended warranty is available. Public Works Director Strain said the original warranty was for 5 years but it was extended to 10 years. Commissioner Portner questioned the difference between warranty and guarantee and City Attorney Kraft said a warranty is for future repairs and a guarantee assures that something purchased is in working condition. Commissioner Partner asked about labor costs for repairs and Public Works Director Strain said after the first five years the distributor will pay an outside contractor for any repairs necessary. C. Item No. 7. AMENDMENT TO FISCAL YEAR 2003 ACTION PLAN OF THE CITY'S CDBG PROGRAM: (TR10349) Motion to approve Resolution amending the Fiscal Year 2003 Action Plan for expenditures of the City of Tamarac's U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program for the HUD Fiscal Year 2003 (Case No. 4-MI-04). Community Development Director J. Christopher King gave a presentation and said Parks and Recreation brought forth a request for a Social Worker during the budget process last year, but the action plan had already been submitted. The $15,000 requested would have served one resident's request for rehabilitation, while the $15,000 for a Social Worker will serve 32 residents per week. Commissioner Portner asked if the trade-off is worthwhile, and Community Development Director King said there is other money in the SHIP program and in other funding to handle rehabilitation requests. Vice Mayor Roberts said she feels it is a good trade-off. Commissioner Portner asked, with regard to Item 6(b) on the consent agenda, whether Executive Printers declined to honor the bid and why. BID RENEWAL -- "FURNISH AND DELIVER PRINTED MATERIALS": (TR10339) Exercising the first renewal option of Bid 02-12B entitled "Furnish and Deliver Printed Materials" with A Plus Printing, Diamond Printing, Intertec Industries, Printing Mart and United Business Forms for a two year term effective March 26, 2004 through March 25, 2006. Purchasing/Contracts Manager Glatz explained he believes the costs associated with the bid were higher than the bidder anticipated. Commissioner Portner asked what light this would place the company in should it desire to bid again, and Purchasing/Contracts Manager Glatz said we would have to be careful in accepting a bid from them again, and would perform due diligence. Mayor Schreiber asked about the obligation of a bidder and City Attorney Kraft said there are several different bidders available in this particular bid, and this bidder was a de minimus part of the contract, so the City can move on to the next bidder. 2. DISCUSSION RE: CITYWIDE WATER USE/IRRIGATION PERMITS: Public Works Director Jack Strain gave a presentation. Mayor Schreiber questioned the fact that not all associations are represented in the chart and Public Works Director Strain said some associations may have gotten their permits on their own. Commissioner February 23, 2004 City Commission Workshop 2 Portner said district one is one of the less affluent areas of the City, and was concerned about the costs to the residents. Public Works Director Strain explained the cost increases commensurate with the number of pumps. For the City to renew the existing permits for all the associations would cost the City $3.4 million for a 20 year period. Monitoring is required, as well as new, more detailed agreements and/or access agreements. Staff recommends that each association renew their own permit, and the engineering firm of Craven -Thompson Associates will work with the South Florida Water Management District (SFWMD) to expedite and mitigate the permits. The City proposes to pay Craven -Thompson $56,400 to work with the homeowner associations to get them on the right track as far as reporting procedures. If the homeowner associations are to renew their permits, we must give them as much time as possible, as the fees are due prior to December 12, 2005. Mayor Schreiber asked how Craven -Thompson was selected and Assistant Public Works Director Doherty explained they are the best selection out of the five engineering firms the City currently works with; they have a good relationship with the SFWMD and do a lot of work with new subdivisions. Commissioner Flansbaum-Talabisco asked if the selection was based on price and Public Works Director Strain said the firm was chosen, according to law, based on qualifications, not price. Mayor Schreiber said he is not particularly happy with this firm and would like to see what other firms are available. Vice Mayor Roberts asked if the homeowner associations would need someone to keep their records and Public Works Director Strain explained that 39 associations would only have to file permits, while 15 would have to file quarterly reports. Installation of equipment would vary from association to association. Commissioner Sultanof asked if the $3.4 million would be a pass over to the residents, and Public Works Director Strain said it would not. Mayor Schreiber said the associations are deriving the benefit of free water for irrigation, and asked why the Bermuda Club could not use fewer pumps. Public Works Director Strain said Bermuda Club would have to do a cost analysis — if their pumps needed to be changed out then it might be feasible for them to re-route their system to use fewer pumps. Vice Mayor Roberts asked if the consultant would work with all the homeowner associations and Public Works Director Strain said there would be meetings scheduled with the presidents and appropriate officers. Commissioner Partner was concerned about the associations paying for the permits on their own, and questioned the Commission as to whether they would suggest funding the permitting process for the associations, and asked if there is any grant money available for this. Assistant to the City Manager Phillips said there is no funding available as it is more of an operational cost. Mayor Schreiber questioned whether the City would be able to absorb some of the cost, and there was discussion about the use of public funds for public purposes, and a question arose whether this is a public purpose. City Attorney Kraft said based on today's presentation he is not able to determine whether this is a public purpose or not, and he would have to do some further research on it. Public Works Director Strain said there is no other municipality that has taken the same stance as Tamarac has in the past regarding the irrigation permitting. 3. PRESENTATION — FY04 1ST QUARTERLY REPORT: Finance Director Dona Newman said this is a new, more focused report; a snapshot of the financial condition of the City. Mayor Schreiber said the old method of reporting gave more information. City February 23, 2004 City Commission Workshop 3 Manager Miller explained this is a very useful tool for elected officials; they can see at a glance where the City stands each quarter. Finance Director Newman reviewed the report and responded to questions regarding anticipated and actual revenues. Commissioner Portner questioned state and local revenue sharing and asked if cigarette taxes are included in sales tax revenue. Commissioner Portner also questioned where the settlement money from the tobacco industry went, and Finance Director Newman said she would find out. Vice Mayor Roberts asked if Parks and Recreation funds included user fees and Finance Director Newman said it did. Mayor Schreiber said he would like to see a policy drafted that said if an employee leaves the City they cannot be rehired. Commissioner Portner asked how Tamarac compares to other cities of the same size regarding open positions, and City Manager Miller responded that Tamarac is a growth city and compares favorably to other growth cities our size. Commissioner Portner asked if all firefighters hired are paramedics, and Chief Budzinski said all will be certified within the probationary period. There was discussion about whether Tamarac was hiring experienced firefighters, and Chief Budzinski said we are getting a combination of people at different levels of experience. Finance Director Newman said the Commission would receive this new report each quarter, and Mayor Schreiber said it is a more concise report than has been presented in the past. 4. DISCUSSION RE: POTENTIAL CODE AMENDMENT TO ALLOW MURALS ON BUILDINGS: Commissioner Edward C. Portner asked for an amendment to the Code to allow murals on buildings. Tamarac Lakes South at 31st and Prospect would like to put a mural on their building. Commissioner Portner added that Don Carter Lanes has a mural on their building. Mayor Schreiber added that the Code is silent regarding color palettes and murals. City Attorney Kraft explained that murals are covered by our sign code, and should the Commission decide to review individual mural signs, it would behoove the Commission to have this added to the code. A standard needs to be addressed in the code. City Manager Miller said a code amendment would be prepared for the Commission to review. Commissioner Flansbaum-Talabisco asked who would decide if a mural is acceptable or not, as art is subjective. City Manager Miller said the City Manager's Office will research the matter and see how other communities handle the situation, and will come back before the Commission in 30 days with information. Mayor Schreiber asked for an expression of interest to develop a code section relating to murals and all were in agreement. 5. DISCUSSION RE: POTENTIAL CODE AMENDMENT TO PROHIBIT PARKING ON GRASS: City Manager Miller said this item has been withdrawn from the agenda. Mayor Schreiber called for a recess at 11:15 a.m. and reconvened the workshop meeting at 11:25 a.m. with all present as before. Vice Mayor Roberts presented City Manager Miller with information regarding Kings of the Court Baseball. 1 February 23, 2004 City Commission Workshop 4 �i Vice Mayor Roberts said TAF has asked Tamarac to look into taking over the roller hockey rink that was dismantled by Lauderhill, as we could use another rink. City Manager Miller said he would look into it. Vice Mayor Roberts asked when traffic calming would be on the agenda, and City Manager Miller said it will be on the next workshop agenda. Vice Mayor Roberts said at a recent meeting the industrial park was discussed and she was surprised to find out churches were permitted in the land use. City Manager Miller said because of Broward County transportation and land use planning, churches are allowed in all parts of the county. Mayor Schreiber asked if the Commission has the authority to exclude certain uses in zoning and City Manager Miller said the Commission has the discretion to make certain decisions when site plan matters come before them. Case in point, a gas station requesting to come in on University was a permitted use but the Mayor and City Commission decided it was incompatible with the land use. Mayor Schreiber said we may need to create compatibility zones, and a church is not compatible with industrial zoning. City Manager Miller said the Commission has discretion over all compatibility issues. Mayor Schreiber asked how this would stand up in a court of law and City Attorney Kraft explained all decisions must be made based on competent, substantial evidence based on each individual case. Commissioner Sultanof said he feels the commission must hang its hat on compatible use. Vice Mayor Roberts asked if the Arch Diocese could build a church, school or rectory on their property under the current zoning, and City Manager Miller replied that his understanding is they could build a church on the two properties they own, the use would be allowed but it still has to come before the City Commission for site plan approval. If there is incompatibility with surrounding uses or traffic issues, the Commission could turn down the request. If the use is for a school associated with the church, a special exception would be needed. Public schools are allowed in any district. Additionally, Tamarac must be consistent with Broward County's comprehensive plan. Vice Mayor Roberts said there is a boundary hearing scheduled for tomorrow night and she would like a copy of the engineering rendering for Tamarac Elementary School that showed possible locations of the portables. There being no further business to come before the City Commission, Mayor Schreiber adjourned the workshop meeting at 11:35 a.m. Marion Swenson, CMC City Clerk February 23, 2004 City Commission Workshop 5