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HomeMy WebLinkAbout2008-03-10 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, MARCH 10, 2008 CALL TO ORDER: Mayor Flansbaum-Talabisco called the Workshop Meeting of the City Commission to order on Monday, March 10, 2008, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88t" Avenue, Tamarac, Florida. PRESENT: Mayor Beth Flansbaum-Talabisco, Commissioner Edward C. Portner, Commissioner Patte Atkins -Grad, and Commissioner Harry Dressler ABSENT: Vice Mayor Marc L. Sultanof ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, Deputy City Manager Michael C. Cernech, and City Clerk Marion Swenson Mayor Flansbaum-Talabisco led the pledge of allegiance and wished Commissioner and Mrs. Portner a happy 60t" anniversary. MARCH 12, 2008 AGENDA ITEMS_ a. Item No. 6(d) on the consent agenda. AGREEMENT FOR FY08 INFLOW AND INFILTRATION PROJECT — INSITUFORM TECHNOLOGIES INC.: (TR11360) Accepting and executing an agreement for the FY08 Inflow and Infiltration Project for Sewer Main Rehabilitation with Insituform Technologies, Inc., utilizing City of Fort Lauderdale Contract #11273, for an amount not to exceed $800,000.00; authorizing the appropriate city officials to administer the contract. Director of Utilities Gagnon and Purchasing/Contracts Manager Glatz appeared. Director of Utilities Gagnon gave a presentation and responded to questions regarding costs. Commissioner Atkins -Grad spoke of her trip to the water plant and said it appears the most work we are doing now is in the older sections of the City. Mayor Flansbaum-Talabisco questioned the plan after completion of the entire City and Director of Utilities Gagnon said we continuously check the pipes for leaks, and detailed records are kept. b. Item No. 6(e) on the consent agenda. PUMP STATIONS 18B AND EAST MASTER REHABILITATION: (TR11366) Awarding Bid No. 08-06B to Akerblom Contracting, Inc., and executing an agreement between the City of Tamarac and Akerblom Contracting, Inc., for an amount not to exceed $210,955.00 for the Pump Stations 18B and East Master Rehabilitation Project; approving funding for this project from the appropriate utilities operational accounts; authorizing the appropriate City officials to administer the contract. Director of Utilities Gagnon, Assistant Director of Utilities Moore and Purchasing/Contracts Manager Glatz appeared. Assistant Director of Utilities Moore gave a presentation and said the projects will be completed before the 2008 hurricane season. Director of Utilities Gagnon and Assistant Director of Utilities Moore spoke of cost savings to the City. Commissioner Atkins -Grad recalled sewage backups in North Lauderdale after the last storm, and said she is gratified Tamarac is proactive. Mayor Flansbaum-Talabisco March 10, 2008 City Commission Workshop Page 1 of 5 asked City Manager Miller to send a letter to University Hospital and the Board to let them know what we are doing, so that they can include the information as part of their bulletin. C. Item No. 7 on the regular agenda. PURCHASE OF CHEVRON SERVICE STATION: (TR11232) Executing an agreement for purchase and sale of real property between Chevron USA, Inc. (Seller) and the City of Tamarac (Buyer) in the amount of Two Million Six Hundred Thirty Six Thousand Eight Hundred and 00/100 Dollars ($2,636,800) for open space and recreational purposes. City Manager Miller and Assistant City Attorney Doody appeared. City Manager Miller said this and the following are companion items and can be discussed simultaneously. City Manager Miller said Assistant City Manager Phillips is the staff manager of this project and Assistant City Attorney Doody has been involved in the negotiations. The City has been working on purchasing the site since 2006; our plan is to acquire the site and turn it into a passive park similar to the park at McNab and Pine Island. After preliminary planning for the site we applied to Broward County and our grant application was put on the eligible list for funding. The name of the Grant Program is Broward Safe Parks and Land Preservation Bond. We were advised in June 2007 that Chevron was willing to sell the property for $2.6 million and the Mayor and City Commission authorized us to continue negotiations. The City has hired an environmental attorney and as of last Wednesday we reached an agreement with the Chevron Corporation and we have a signed contract. The cost for the property is $2,636,800 plus about $50,000 additional for closing costs. City Manager Miller reviewed the highlights of the contract and spoke of environmental matters. This property adds to our open space inventory, will serve as an entryway to the City and will complete the triage of government services in that area. Assistant City Attorney Doody reiterated the high points of the contract and spoke about `covered contamination'. Assistant City Attorney Doody spoke of the restrictions placed on the use of the property by Chevron and the fact that once the agreement between the City of Tamarac and Broward County goes into effect, these restrictions will become moot. Commissioner Portner questioned the cost of the park and language in the contract that we are taking the property as is. City Manager Miller said he did not expect there to be an extensive cost to creating the park and Assistant City Attorney Doody spoke of the fact that there are no standard warranties other than that which is contained in the title. Mayor Flansbaum-Talabisco asked for a definition of covered contamination and how everything will be kept on track. Assistant City Attorney Doody explained the purchaser agrees not to develop the property as a gas station or convenience store for 15 years or entering into the agreement with Broward County, whichever comes first. The purchase is contingent upon several items being satisfied to the City's satisfaction and getting approval by the Board of County Commissioners for $2 million. We have until June 27t" to get it all done. If things do not move as planned we can terminate the contract. Mayor Flansbaum-Talabisco questioned due diligence and Assistant City Attorney Doody spoke of environmental assessments. Mayor Flansbaum- Talabisco applauded Assistant City Manager Phillips for her diligent work on this project and asked what the City will do should the County not come forward with the $2 million. City Manager Miller said if we do not get the full $2 million we will come back to the Mayor and City Commission to talk the process through. We have some grants in the hopper and we will continue to apply for federal state and county grants. Mayor Flansbaum-Talabisco said this is something we want to do and we should continue to pursue this property. Our County Lobbyist has been most helpful in this project. Mayor Flansbaum-Talabisco March 10, 2008 City Commission Workshop Page 2 of 5 thanked Assistant City Attorney Doody for his assistance. Assistant City Attorney Doody said excellent staff expertise and perseverance came through. Mayor Flansbaum- Talabisco thanked Broward County Vice Mayor Ritter and her staff for their response to Tamarac with regard to this project. Commissioner Dressler said in the past he talked about a credit facility for the purchase of land, and he would like staff to ponder the appropriate time to come back to discuss this with the Mayor and City Commission. City Manager Miller said the financial advisors are working on a time to set up such a vehicle; perhaps this can be discussed at an upcoming workshop meeting. Commissioner Atkins - Grad said the fact that Chevron is absorbing the documentary stamps is a big saving for the City. d. Item No. 8 on the regular agenda. AGREEMENT BETWEEN THE CITY OF TAMARAC AND BROWARD COUNTY — FUNDING OF THE TAMARAC OPEN SPACE RECLAMATION PROJECT: (TR11368) Authorizing the appropriate City officials to enter into an Interlocal Agreement with Broward County accepting a grant award of up to $2,000,000 for the acquisition of the Chevron Station located at 5650 Pine Island Road (also known as OS-159 Tamarac Open Space Reclamation) and accepting the conceptual Open Space Management Plan included in the agreement for the development of Tamarac Open Space Reclamation Project; authorizing the appropriate City officials to execute the Declaration of Restrictive Covenants in accordance with the Interlocal Agreement; authorizing the City Clerk to record the Declaration of Restrictive Covenants in the Public Records of Broward County; providing for inclusion of the obligations set forth within the Conceptual Park Management Plan in the City's 5 year Capital Improvement program; authorizing the appropriate City officials to amend the general capital fund budget in the amount of $2,686,800 in accordance with proper accounting procedures. e. Item No. 6(g) on the consent agenda. AMENDMENT TO BUDGET EXPENDITURES: (TR11349) Amending the expenditure budget for the Fiscal Year 2008; amending the budget of estimated revenues for the Fiscal Year 2008. Financial Services Director Chapman and Management and Budget Officer Sammartino appeared. Financial Services Director Chapman gave a presentation. Commissioner Atkins -Grad said she travelled Southgate Boulevard this past weekend and many people are already enjoying the park even though it has not been officially opened. Commissioner Dressler confirmed this process is standard in consistence with GASB. 2. DISCUSSION RE: FUNDING REQUEST FROM CHALLENGER BASEBALL: Director of Parks and Recreation Warner explained the teams are made up of developmentally and mentally disabled individuals, and there are 15-20 Tamarac residents on the teams. The City has funded this program since 2001 and our $2,750 covers uniforms and equipment as well as an end of year picnic. Commissioner Portner suggested rather than supplement the budget by an additional $2,750 we average the amount that would come out of each organization we have already funded and deduct that amount from those contributions to cover this request. City Manager Miller said we can look into doing that; however most of the checks have already been sent to the various organizations. We may be able to accommodate Commissioner Portner's suggestion in the next budget year. Commissioner Atkins -Grad suggested next year we send an e-mail to each organization to which we have contributed; we should assist this league this year. March 10, 2008 City Commission Workshop Page 3 of 5 Mayor Flansbaum-Talabisco said all are in agreement to fund the Challenger Baseball League, the question now is how. Commissioner Dressler suggested including the $2,750 in the reallocation item, TR11349, we previously discussed. Financial Services Director Chapman said we could put an additional line in the budget amendment and City Manager Miller can bring this forward as an amendment to the resolution. 3. DISCUSSION RE: REDEVELOPMENT ALONG STATE ROAD 7: Commissioner Portner, Community Development Director Bramley and Public and Economic Affairs Officer Berns appeared. Commissioner Portner spoke of redevelopment on State Road 7 between Commercial Boulevard and Prospect Road; in particular three parcels that contain retail stores and a rental development behind the parcels. Commissioner Portner said this is a very bad area and may qualify for slum and blight for redevelopment. Public and Economic Affairs Officer Berns said the area is north of Sunshine Plaza; Tamarac Square, Commercial Plaza, and Lakeside Plaza. On multiple occasions the City met with the County to explore the possibility of forming a CRA for that area and we were turned down. City Attorney Goren spoke of the changes in the law regarding CRA's. City Manager Miller said a few years ago the City asked a realtor to talk with the shopping center owners along the corridor to see if there was any interest in selling the properties and there was not. BSO Chief Duguay spoke about the police reports for the area and said in 2007 there were 32 Part I crimes in these areas, which is not unusual for these types of properties. Community Development Director Bramley spoke about the State Road 7 Collaborative's recommendations on redevelopment and said the area can be made to look better through Code compliance but we need the tools in place to make sure redevelopment is orderly along the corridor. The two types of DRI are standard and area wide; the Collaborative is embracing the area wide DRI. Design guidelines have also been adopted by the Collaborative and each city has its own identity. Public and Economic Affairs Officer Berns said the City can reestablish contact with property owners if the Mayor and City Commission wishes to accumulate land in that area. Community Development Director Bramley said the commercial revitalization initiative is within the business plan; by going zone to zone we will determine what needs to be brought up to code. Mayor Flansbaum-Talabisco said she supports Commissioner Portner on this matter and something needs to be done now. City Manager Miller explained a couple years ago Lauderdale Lakes acquired grants through the MPO to do work along State Road 7. With Commissioner Dressler's assistance we may be able to do the same thing. These properties are compliant with our Code to the best of our knowledge. Mayor Flansbaum-Talabisco said the Code is over 30 years old and needs to be looked at; the area between Rock Island Road and University Drive is appalling. While she understands the issues with private property she would like us to roll up our sleeves and review code issues. Community Development Director Bramley said this falls just short of redevelopment; It would be difficult to make the older areas look like current development. Mayor Flansbaum-Talabisco said it is incumbent upon us to discuss this at the upcoming retreat Commissioner Atkins -Grad left the room at 11:10 a.m. and returned at 11:13 a.m. Commissioner Dressler said Commissioner Portner's concerns are all our concerns and we should position staff to address planning this with the same time line as the MPO and March 10, 2008 City Commission Workshop Page 4 of 5 Collaborative, to tie in with area wide DRI discussions. It is critical that this item be added to our long term planning. City Manager Miller said the City would look into this further and discuss with the Mayor and City Commission at the upcoming retreat and then the Mayor and City Commission can decide on further action. 4. LEGISLATIVE CONFERENCE — WASHINGTON REPORT: Commissioner Portner asked that his report be made part of the record (attached hereto and incorporated herein and made a part of these minutes). Mayor Flansbaum-Talabisco asked which item is of most importance and Commissioner Portner spoke of the Bill regarding collective bargaining and the fact that the federal government wants to take away the rights of municipalities for collective bargaining. 5. DISCUSSION RE: MAIN STREET PROJECT: Commissioner Portner spoke of a letter he received from Bernie Maribona, wherein Mr. Maribona said he is willing to develop the entire Main Street project (attached hereto and incorporated herein as part of these minutes). Community Development Director Bramley said she had not seen the letter. City Attorney Goren said the contents of the letter appear to be beyond the scope of what is currently pending before staff, and as such, staff can only address the current application from Mr. Maribona. Commissioner Portner asked if the process could be expedited and City Attorney Goren replied each applicant must be given the same treatment; we can not speculate on that which we do not know. Commissioner Portner asked if some of the unencumbered funds could be used for State Road 7 or any other area for redevelopment and City Manager Miller said that could be discussed at the retreat. Commissioner Dressler said the letter makes things ambiguous for him and City Manager Miller agreed the letter is ambiguous; staff has not been approached with this idea and staff can only react to things formally submitted in the land development process. Commissioner Dressler said there are two things happening at one time with regard to this one item. He also received the letter suggesting something global, yet something specific is being looked at, and he does not want to see an acceleration of the process. Having said that, Commissioner Dressler feels the current site plan should be tabled because of the communication that came directly to the Commissioners, and without staff having knowledge of it. City Attorney Goren said it is an undated, ambitious letter, requesting more than what is currently pending before staff. At the moment, we can not stop the application review, but a letter to the developer putting the burden back on him and requiring him to articulate more specifically what he would like to do would be appropriate. Mayor Flansbaum-Talabisco said City Attorney Goren's recommendation gives each of us a level of comfort and City Attorney Goren said staff will be responding through the City Manager with the City Attorney's assistance. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the workshop meeting at 11:30 a.m. Marion Swenson, CMC City Clerk March 10, 2008 City Commission Workshop Page 5 of 5 • COMMISSIONER EDWARD C. PORTNER FLC — FAST FLY -IN, WASHINGTON, D.C. February 12 --13, 2008 2/12/08 Met with the leaders of the Fly -In to Washington, D.0 . which included among others, Mayor Ortis of Pembroke Pines, Mayor John Marks of Tallahassee, John Thomas and Allyson Payne of Florida League of Cities to discuss the Agenda the League wishes to bring forth to our Federal elected officials. There are five issues to be brought forward: 1. Public Safety 2. Collective bargaining 3. Energy efficiency and conservation block grant 4. Repeal 3% withholding tax on government purchases 5. Surface transportation Reauthorization: Our entire delegation met with the following officials: Representatives Adam Putnam, John Mica, Alcee Hastings, Kendrick Meek, Robert Wexler, Debbie Wasserman Schultz, Mario Diaz Balart, Corine Brown, Allen Boyd, Senator Bill Nelson and Senator Mel Martinez. Although all members did not meet with every official, the delegation did flood the corridors and offices of Congress. I personally met in a group with Representative Alcee Hastings, Lincoln Diaz Balart, Robert Wexler, Debbie Wasserman Schultz and Ron Klein. The time allotted was between 15 minutes to 25 minutes. Though it appears I met with a limited number of officials it takes a long time to go from one office to another and on top of that, there are three buildings you must cover, the Senate Hart Building and the Representative's Cannon Building and Rayburn Building. Each building, weather permitting, is within good walking distance, but in the weather we had (extreme cold, sleet, rain) our only method was cabs. Former/letter/travel report wash do 08 1 0 Back to the Agenda: 1. Energy efficiency and block grants. Our message to Congress: Global problem -- National response is necessary to mitigate and adapt to its effect on this Country. Local Leadership: local governments are in the forefront to reduce pollution, increase conservation, and improve energy efficiency. Local officials are the leaders in seeking green solutions. The block grant program offers incentives to adopt energy and environmentally friendly practices. 2. Fiscal stewardship: above all else, local governments are extremely good stewards of federal dollars. Federal action: local governments know they have a central role in effecting change but need the support of the Federal Government. Our request to Congress: fully fund the block grant of Two Billion Dollars for the Fiscal Years 2008 and 2009. 3. Surface Transportation Reauthorization. Message to Congress: a. Local governments own 77% of the miles in the United States and have a huge stake in national transportation debate. b. The Highway Trust Fund, financed by federal gasoline taxes, then redistributed to the states. Demand estimates show it will fall short by $4.3 billion of the authorized 2009 spending level c. The lack of national vision for our Country's transportation future threatens the economic health of metropolitan areas. d. Without action the transportation system assets will further deteriorate. e. The Florida League of Cities urges Congress to i. Include transportation infrastructure in the economic stimulus package, support programs that go directly to local governments. ii. Include local officials in the discussions over the upcoming surface transportation reauthorization debate. • On questions I would like the answer to: How much if any does FDOT send to Washington? Porter/letter/travel report wash de 08 2 4. Public Safety. The FBI Unified Crime Report showed violent crime increased by 2.3% in 2005 and rose again 1.3% in 2006. This marks the first two year increase in violent crime in 15 years (could this be a sign of the times?) Federal resources are an important weapon in the fight against crime. President Bush on a constant basis has proposed merging the COPS Program with other grant programs, thus decreasing the overall funding. The COPS Program has helped law revolutionize law enforcement training, funded the cost of more than 100,000 police officers; increased crime fighting and generally improved the way local law enforcement agencies function. The Florida League of Cities urges Congress to restore funding for proven public safety programs, including COPS. 5. Repeal 3% Withholding Tax on Government Purchases. This Act requires local governments to withhold 3% from payments for goods and services and imposes a massive unfunded mandate on state and local governments. If implemented it will cause administrative financial burdens since state and local governments will have to retool their accounts payable systems to implement the new law. Starting 1/1/11 governments spending $100 million per year (we are not yet at that point) on purchases of goods and services must withhold 3% from all payments to contractors and vendors to the IRS to be applied toward the contractors and vendors federal income tax liabilities. A bill by Representative Kendrick Meek would repeal the 3% withholding tax requirement. The Florida League of Cities urges Congress to repeal what would be a costly provision, or at least delay it for a minimum of one year (let's just defeat it). 6. Collective Bargaining. Florida may be responsible for staffing and maintaining their own police and fire departments and those public employees have the right to collectively bargain as part of the teams and conditions of their employment. Senate Bill 2123, the Public Employer -Employee Cooperation Act of 2007 would federalize collective bargaining between states and local governments and their public safety officer. This legislation violates the inherent Home Rule powers of municipal governments. This would allow the Federal Labor Relations Portner/letter/travel report wash do 08 3 . Authority to audit all labor relation agreements to determine compliance with the new law. This would place the Federal government in charge of the collective bargaining process. The Florida League of Cities opposes the preemption of Local Home Rule. • �J Portner/letter/travel report wash de 08 4 To City Mayor and Commissioners' of Tamarac We are the Gateway for The Main Street Project I Bernie Maribona am not at war with the city as it seems like on the news. We are trying to work things out as for the best interest for the people who live in Tamarac and all Its tax payers' business owners. My plans are to own all of Main Street completely and we can do It, But we need the support of the city,We need to start step by step but the city is looking in one direction for now of what they want to see. That is delaying and hurting the people who live there that they have no Main Street a nice place to go to. There is no difference between having condos on top of the shops. We are building luxury shops and restaurants it will have night life by adding condos it doesn't mean the condo owner are going to be all day in the shops that's crazy. if we build It as we have it will be very successful for the City staff and residence in Tamarac and epically the 575 unit Centex project 1 block away of walking distance from the Main Street they would love It for night life and weekend dinning. We would continue to buy more land and do residential but on the north side of Main Street Road after studying closely the area if I were to buy a condo I really don't want to face Commercial Blvd., By building on the north side you have a more private feel like road and you face to Main Street Road and residential units to the north of you nice and quiet feeling, Now that's a more sellable product. I hope the city of Tamarac changes it's idea for the better of the Public and land owners in the area. Let's starts this new development to move forward and not backwards. It"s been too long. We have shows planned for the entire year this is not your typical strip center, This is like a Vegas destination but without the Casino filled with water falls, laser shows, Muscle cars, art and craft, Dive Bands and free entertainment all on the Main Street Road. All free for the general public, Look at some very successful and nice places with no condos; Bai Harbor Shops, Young Circle Lincoln Road Mail and Surf Side Shops, We also have plans for all the seasons of the year and Holiday decorations. I think no one would complain about this 5 star world class shopping mail type building in there city? All cities would love this. Tha u; Ber M ibona n LJ