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HomeMy WebLinkAbout2007-11-13 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MOND", NOVEMBER 13, 2007 CALL TO ORDER: Mayor Flansbaum-Talabisco called the Workshop Meeting of the City Commission to order on Tuesday, November 13, 2007, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 881h Avenue, Tamarac, Florida. PRESENT: Mayor Beth Flansbaum-Talabisco, Commissioner Patte Atkins -Grad, and Commissioner Harry Dressler. ABSENT: Vice Mayor Marc L. Sultanof and Commissioner Edward C. Portner. ALSO PRESENT: City Manager Jeffrey L. Miller, Deputy City Manager Michael C. Cernech, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. Mayor Flansbaum-Talabisco led the pledge of allegiance and asked for a moment of silence in memory of Broward Sheriffs Deputy Paul Rein. 1. UPDATE ON CAPITAL IMPROVEMENT PLAN: Deputy City Manager Cernech, Public Works Director Strain, Parks & Recreation Director Warner, Utilities Director Gagnon and Assistant Public Works Director/City Engineer Doherty appeared. Deputy City Manager Cernech gave a presentation on the status of Phase 1 of the Capital Improvement Plan (CIP) and said staff would come back to the Commission for direction on Phase 2 projects during the first quarter of 2008. To date we have spent $12 million of the $15 million bonded for the CIP projects. Assistant Public Works Director/City Engineer Doherty gave a presentation on active projects. Public Works Director Strain spoke of the budget, the Revenue Bond Projects and the three options being presented to the Mayor and City Commission this morning. Option 1: Go forward with the Dog Park and the Skate Park and defer Waters Edge Park. Option 2: Defer the Dog Park and Waters Edge Park and go forward with the Skate Park. Option 3: Go forward with Waters Edge Park and defer the Dog Park and Skate Park. Staffs recommendation is Option 1. Public Works Director Strain added the Tamarac Community Center expansion has been put on hold. Parks and Recreation Director Warner said dog and skate parks are specialty parks and there have been discussions with other cities regarding the value of these types of parks. A dog park provides a means for people to walk and socialize, which is invaluable in overall wellness, and the skate park provides a safe area for children to skate. Deputy City Manager Cernech said we will be busy with construction projects through 2009. Completed projects have been very well received and people are looking forward with great anticipation to those projects currently under construction. Deputy City Manager Cernech thanked staff for their work on the projects. Mayor Flansbaum-Talabisco congratulated Parks and Recreation Director Warner for a spectacular job on the Veterans Day Celebration. Mayor Flansbaum-Talabisco said in Tamarac's 40 years, demographics as well as the needs and wants of the residents have changed, and as a result of the uncertain tax situation, prioritization is key. Commissioner Atkins -Grad questioned the increased cost November 13, 2007 City Commission Workshop Page 1 of 6 to build the dog park. Public Works Director Strain explained looking at what other cities have done, our design changed in order for us to build a park that would last and be fully utilized. Mayor Flansbaum-Talabisco said it is more of a people park and going forward it should be called "People and Pups Park". Commissioner Dressler confirmed dog parks are used more than regular parks, and questioned the wisdom of deferring any projects since costs will only rise. There was discussion regarding the pros and cons of using the Veterans Park parking lot for the dog park. Mayor Flansbaum- Talabisco said it is imperative people are informed that the money for these projects comes from the bond issue, and as such, it has to be used for those designated projects. Deputy City Manager Cernech agreed. Mayor Flansbaum-Talabisco questioned a deadline for using the funds and Director of Finance Chapman said we must have 85% of the money committed and spent within 36 months; with the projects already in place, we will have met our legal requirements. If we were to defer the projects, costs could become higher and we would be able to complete fewer projects. Commissioner Atkins -Grad said Waters Edge Park would be very desirable for that area since there are no other parks in District 2. Public Works Director Strain discussed the problems encountered with the Waters Edge property, such as debris cleanup and concrete found in the ground from previous structures. Public Works Director Strain also explained of all the figures presented to the Mayor and City Commission this morning, he felt the least comfortable about the figures connected to the Waters Edge Park, primarily because of the problems found recently. There was discussion regarding the need for the Waters Edge Park, the uncertainty of the cost, and fiscal responsibility. Mayor Flansbaum-Talabisco said if the Mayor and City Commission decided to go with Option 1, she would still want something at the Waters Edge Park site, asked if more grant funding is available, and spoke of possible public/private partnerships. City Manager Miller said the first thing we need to do is get harder numbers for the Mayor and City Commission and then we can explore corporate partnerships. Mayor Flansbaum-Talabisco confirmed that the Dog Park numbers would not change and Public Works Director Strain explained there is a bid for the job which is good until January Vt. Additionally, he feels comfortable with the estimates for the Skate Park. Mayor Flansbaum-Talabisco questioned green building processes with regard to the Dog Park and Public Works Director Strain responded we are trying to create natural shade starting out with immature trees that grow quickly, but we will have gazebo -like fixtures also. Commissioner Dressler said he is on the Florida League Fiscal Stewardship Council, and even if the amendment passes in January, we can expect further caps on revenues and expenditures. We can not leave the CIP out of that if we have a bid and people want the park; due to the fiscal environment we are in, the amount of monies we can raise and spend will be degraded. We should build the Dog Park now and not take it to Phase 2. Mayor Flansbaum-Talabisco said in the handout distributed this morning by Director of Parks and Recreation Warner, (a copy of which is attached hereto and incorporated herein) a number of Dog Parks are used for special events, and we must let the public know this park is for families. We need to be cognizant of posting and enforcing the rules. The public must understand, and it is up to the Mayor and City Commission to explain to them, that this money is earmarked and we must use it or give it back. Commissioner Atkins -Grad said changing the name of the dog park is the first priority, and she will go along with what everyone wants to do, November 13, 2007 City Commission Workshop Page 2 of 6 but she hopes the next phase will provide funds to build Waters Edge Park. Additionally, the Skate Board Park is something the youth want. Commissioner Dressler said he supports Mayor Fla nsbaum-Talabisco's vision for a substantial Waters Edge Park and it will be a challenge for staff to arrange for appropriate funding and grant money. Mayor Flansbaum-Talabisco asked if something could be cut out of the Dog Park to bring the cost down and Public Works Director Strain, as well as Assistant Public Works Director/City Engineer Doherty said since this is a lump sum bid if we take something out of the design there is no guarantee the contractor will allow for the credit. Mayor Flansbaum-Talabisco asked for an expression of interest for one of the options. Commissioner Dressler, Mayor Flansbaum-Talabisco and Commissioner Atkins -Grad all agreed on Option 1. Mayor Flansbaum-Talabisco called for a recess at 10:55 a.m. and reconvened the workshop meeting at 11:00 a.m. with all present as before. 2. UPDATE ON CITY PURCHASE OF TEMPLE PROPERTY: Public Affairs and Economic Development Officer Berns and Craig Eakin, Special Counsel appeared. Public Affairs and Economic Development Officer Berns introduced Michael Moskowitz, representing Tamarac Jewish Center. Public Affairs and Economic Development Officer Berns gave a presentation and spoke of the Main Street Project and the fact that one property owner obtained a site plan to build in accordance with the current MXD Ordinance, but that site plan expired in August 2007. Public Affairs and Economic Development Officer Berns said it is his understanding the property owner no longer intends to build the approved project and he does not know if the next submission will be consistent with the Main Street vision. This could have an adverse affect on the property the City is currently contemplating purchasing. Public Affairs and Economic Development Officer Berns gave the Mayor and City Commission three options to consider: Option 1 — seek a six month extension with the Tamarac Jewish Center so we can resolve issues on the property to the south. Option 2 — proceed to closing now. Option 3 — terminate the process completely. Public Affairs and Economic Development Officer Berns said staff does not believe Option 3 is in the best interests of all involved at this time. Mr. Eakin spoke from a contract standpoint and said we are currently in the City's due diligence period, which terminates this Friday, November 16t" If we go with Option 1, we need to get an addendum signed by the Tamarac Jewish Center and the City no later than 3:00 p.m. November 16t", putting the six month extension in writing. Failing to do that, staff needs the Mayor and City Commission's authority to terminate the contract or the deal will "go hard" even though there is no opposition. Option 1 authorizing the six month extension needs to be included in the resolution, as well as language that failing Tamarac Jewish Center's agreement staff is authorized to terminate the agreement. Commissioner Atkins -Grad said she has been looking forward to the Main Street Project for such a very long time and it is upsetting that it has come to this point. Public Affairs and Economic Development Officer Berns explained there has been no new submittal to date and staff will try to anticipate what the property owner is going to do, which is why we need the six month extension to resolve the situation. Commissioner Dressler said Main Street is an economic development project and there is no way to know what will happen; there are a variety November 13, 2007 City Commission Workshop Page 3 of 6 of variables, both legal and otherwise, and he would argue for the extension. Mayor Flansbaum-Talabisco said she remembers the original discussion about the Main Street vision and the celebratory air when the Mayor and City Commission approved the first project consistent with this vision; the time for that project has now expired. Tamarac does not want to lose any of its religious institutions. We are the stewards of the City's money and it is incumbent upon us to go with the best recommendations for the City. City Attorney Goren said at the request of staff he consulted with legal counsel for the Tamarac Jewish Center, and whatever decision the Mayor and City Commission decide to make at tomorrow's commission meeting, he will take back to the board members' meeting this evening for consensus of the Mayor and City Commission's direction. Mayor Flansbaum-Talabisco asked what would happen if the Tamarac Jewish Center does not accept the Mayor and City Commission's decision and City Attorney Goren said we will need to give authority to the City Manager to terminate the contract. Mr. Moskowitz has advised us in writing this morning that an extension of at least one month would be agreeable. Mr. Eakin said it will take more than one month to determine what is happening across the street. Commissioner Dressler explained for the Mayor and City Commission to take a position in favor of staffs recommendation, does not mean we are changing our position on the temple deal; we can revisit it. City Attorney Goren said we do not know if the Tamarac Jewish Center has other options they want to visit. There was an expression of interest from Commissioner Dressler, Mayor Flansbaum-Talabisco and Commissioner Atkins -Grad to go with Option 1. City Attorney Goren said this item will appear on tomorrow's agenda to effectuate Option 1. 3. NOVEMBER 14, 2007 AGENDA ITEMS: a. Item No. 6(f) on the consent agenda. GRANT AND PROJECT AGREEMENT — SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER SAVINGS INCENTIVE PROGRAM: (TR11310) Accepting a grant in the amount of $42,000 from the South Florida Water Management District Water Savings Incentive Program; authorizing the appropriate City officials to execute a Project Agreement between the South Florida Water Management District and the City of Tamarac for grant funding in the amount of $42,000 with an in -cash and in -kind services match of $50,100 for a total project cost of $92,100, to provide for water saving devices for residents and businesses of Tamarac. Utilities Director Gagnon, Laboratory Manager Oney and Special Projects Coordinator Gresek appeared. Special Projects Coordinator Gresek gave a presentation. Mayor Flansbaum-Talabisco said she attended the Conference of Mayors' Summit on Climate Protection and there is a book published on best practices. This is a high initiative and Mayor Flansbaum-Talabisco plans to be more involved on behalf of Tamarac at the Conference of Mayors. We can submit this initiative and have it published. Mayor Flansbaum-Talabisco said she and Assistant City Manager Phillips will start working on Tamarac stepping up to the plate at the U.S. Conference of Mayors. Commissioner Atkins -Grad said she is for anything that enhances and improves the environment. Mayor Flansbaum-Talabisco said the Conference of Mayors has asked for resolutions that are germane to specific subjects, and this resolution can be presented to them. 1 November 13, 2007 City Commission Workshop Page 4 of 6 b. Item No. 7 on the regular agenda. AMENDING CHAPTER 6 OF THE CITY OF TAMARAC CODE OF ORDINANCES — "FINANCE AND TAXATION": (TO2152) Motion to adopt Ordinance on first reading amending Chapter 6 of the City of Tamarac Code of Ordinances, entitled "Finance and Taxation", by specifically amending Article V, entitled "Purchasing Procedures", Section 6-153, entitled "Surplus Stock"; providing greater flexibility for the disposal of surplus stock by authorizing alternative methods of advertising sales of surplus City inventory; authorizing the City Manager to dispose of surplus City inventory with a salvage value of less than $1,000.00; providing for codification. Financial Services Director Chapman and Purchasing/Contract Manager Glatz appeared. Financial Services Director Chapman gave a presentation and said this ordinance would streamline and reduce the cost for the way we do business. Purchasing/Contracts Manager Glatz gave a presentation and spoke of smaller dollar items that are harder to sell due to constraints in our current code and spoke of advertising costs. Mayor Flansbaum-Talabisco asked that the donation of computers to the neighborhood schools be continued and Purchasing/Contracts Manager Glatz said that will not change; it can be included in I.T.'s computer purchase resolution. 4. DISCUSSION RE: CANCELLING REGULAR COMMISSION MEETING OF WEDNESDAY DECEMBER 26 2007 DUE TO HOLIDAY: City Clerk Swenson appeared. All were in agreement to cancel the December 26, 2007 commission meeting. City Attorney Goren spoke of the DCA's October 26t" issuance of a Notice to Intervene regarding Palm Beach County's land use amendment affecting NW Broward County with regard to the de -annexation of 2,000 acres from Palm Beach County to Broward County, and not continuing. University Drive through Palm Beach County. DOAH will assign a judge to review the matter, and a multi agency meeting between both counties, to discuss possible solutions to the University Drive issue is scheduled for November 20t". Coral Springs will file a petition for affected party status. The time frame within which to file as an intervening party is 21 days from the notice letter of October 26tn The issue relates to the Bill passed last session authorizing de -annexation of land from Palm Beach County to Broward County to become part of Parkland. Parkland objects to the continuation of University Drive to Palm Beach County, saying the road would become a cut through for the City. Absent the Compac between the Governor and Seminole Tribe, State Road 441 impacts traffic on University Drive and is compelling at the moment. If the Mayor and City Commission wish to look at how to proceed further, City Attorney Goren will assist. Mayor Flansbaum-Talabisco asked if there is a legal way for Tamarac to be involved or just supportive and City Attorney Goren said being an Intervener says we have an interest in the University Drive extension unless there is some mitigating method we are not aware of; Tamarac is not under a deadline to file anything. Commissioner Dressler said at the Strategic Planning Session there was discussion about Tamarac getting involved in regional matters and this is an opportunity to speak to a regional issue. Commissioner Dressler confirmed the legal option for Tamarac would be to place a petition to intervene as Intervener on behalf of the DCA. City Attorney Goren said we would need a motion at some point to file a petition and be heard at the table, which we could do tomorrow or later. Mayor Flansbaum-Talabisco November 13, 2007 City Commission Workshop Page 5 of 6 questioned if University Drive does not go through, and City Attorney Goren said if the Court says the land use amendment is not legal then de -annexation would not be valid. If the road goes through, de -annexation fails. Mayor Flansbaum-Talabisco said our interest is getting our residents from point A to point B. Commissioner Dressler said he understands if county and various parties must come up with a mitigation plan which would allow for annexation and extension of the road. City Attorney Goren said the land use amendment stands by itself. Commissioner Dressler said he felt we should advocate for Intervener Status. City Manager Miller said from a planning and regional planning prospective, we want University Drive to go through, but we want to look at the impact on our residents. Hearing an informal expression of interest for Intervener Status, staff would need to do a traffic study between now and the next commission meeting, so we can give the Mayor and City Commission a better idea of the impact on N/S roads; this would help support Intervener Status. Commissioner Dressler asked if Coral Springs has studies that would be applicable to us and City Attorney Goren said they do. City Manager Miller said if they are on point for Tamarac then we will just read and interpret. If they are not on point, we will need a transportation expert to look at the impact. Commissioner Dressler said he is in favor, but we must look at the issue of a hypothetical emergency situation requiring evacuation of residents in the NW suburbs. Commissioner Atkins -Grad said we need University Drive because State Road 441 will be more heavily trafficked because of the casino. City Attorney Goren said our Intervener status should not be affected by waiting two weeks; however, if we wait longer than 21 days there could be a technicality. City Manager Miller said the Mayor and City Commission can take action independent of the transportation study. Ultimately the traffic study will help support your position. Mayor Flansbaum-Talabisco asked for an expression of interest for the City Manager to move forward with a traffic study and to move forward with the Intervener status at this point if there is not time for the study to be performed. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the workshop meeting at 12:00 noon. Marion Swe son, CIVIC City Clerk 1 November 13, 2007 City Commission Workshop Page 6 of 6 • , ,,. r57portsplex Drive Peoplecome from all over! The place is packed Springs, FL 33065 Special events 46-4428 ne ,� 9'R'�Yi�'� 111. 6�� 5.''.� � a��i � EE '9"�R � i��(F �Eii; 'G�* ��d. : ■mlt �• t!.' ✓� , '�1 �'R�aE,, i. 1500 SW 83rd Very successful park. Undergoing renovation N. Lauderdale, FI 954-724-70601