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HomeMy WebLinkAbout2012-03-26 - City Commission Workshop Meeting MinutesCITY OF TAMARAC —' CITY COMMISSION WORKSHOP MEETING MONDAY, MARCH 26, 2012 CALL TO ORDER: Mayor Bushnell called the workshop meeting to order at 9:36 a.m. on Monday, March 26, 2012 in Room 105, Tamarac City Hall, 7525 NW 88t" Avenue, Tamarac, Florida. ROLL CALL: Mayor Pamela Bushnell, Commissioner Marion Swenson, Commissioner Michelle J. Gomez, Vice Mayor Diane Glasser and Commissioner Harry Dressler were in attendance. ALSO PRESENT: City Manager Michael Cernech, Assistant City Manager Diane Phillips, Assistant City Attorney Julie Klahr and City Clerk Peter M. J. Richardson. PLEDGE OF ALLEGIANCE: Mayor Pamela Bushnell led the Pledge of Allegiance. 1. UPDATE REGARDING WOODLANDS NEIGHBORHOOD IMPROVEMENT DISTRICT: — Community and Economic Affairs Officer Andy Berns and Woodlands Neighborhood Improvement District Chairman, Larry Torn Mr. Berns said that Mr. Torn would be presenting a brief update to the Mayor and City _. Commission regarding the Woodlands Neighborhood Improvement District. Mr. Torn stated that the Woodlands Neighborhood Improvement District was created by the City Commission in response to a request from Woodlands' residents. Mr. Torn said that early last year, a community visioning session was held at the Woodlands Country Club, with over 100 persons in attendance. He noted that the primary concern of residents was the safety and security of the Woodlands. Mr. Torn said that the Board decided to hold a referendum among property owners on whether or not to impose an ad valorem tax. Mr. Torn stated that the Woodlands Board was working with a public relations firm to help develop materials for mailing and door to door distribution to Woodlands residents. Mr. Torn thanked Jennifer Bramley, Andy Berns, City Attorney's Office and City Clerk's Office staff for their assistance to date. Mr. Torn responded to questions about the Woodlands Special Neighborhood Improvement District from the Mayor and City Commissioners. 2. PROJECT INFORMATION — WEST COMMERCIAL BOULEVARD BETWEEN NW 64111AVENUE AND UNIVERSITY DRIVE RESURFACING PROJECT # 42466-1: — Public Services Director Jack Strain, Javier Bejarano, Senior Project Engineer, and Miranda Iglesias, Public Information Officer, FDOT Broward Construction Ms. Iglesias noted that work on the $1.1 resurfacing project on West Commercial Boulevard between NW 64th Avenue and University Drive had commenced earlier this month. She also noted that the anticipated completion date was sometime in August 2012. Ms. Iglesias stated that the project would include repaving of the roadway, reconstruction of sidewalks, including curbs and ramps, to make these elements ADA compliant. She also said that the traffic signal located at Commercial Boulevard and NW 70th Avenue would be updated to a mast arm signal with video detection capabilities, and there would also be some drainage improvements along certain portions of this segment of Commercial Boulevard. Vice Mayor Glasser inquired whether business owners along this corridor had been notified about this resurfacing project. Both Mr. Bejarano and Ms. Iglesias stated that area business owners, motorists and residents had been informed about the scope of this project, including receiving a notice to a recent open house held at the Tamarac Public Library. Commissioner Gomez inquired when improvements would be made to the portion of Commercial Boulevard near Rock Island Road. Mr. Bejarano said that improvements would be made on a phased basis. Noting a number of existing major pot holes on this portion of Commercial Boulevard, Commissioner Gomez said she hoped that these improvements would be made in the near future. Ms. Iglesias said she would contact the DOT project designer relative to this suggestion. She also stated that FDOT staff could provide an update to the Mayor and City Commission about the design of this phase of the project in the future. Commissioner Gomez said she would be interested in receiving such an update in the future. Mayor Bushnell noted that the existing bicycle lane ended right before Woodlands Boulevard, with cyclists having no alternative, such as a sidewalk, to move to safely. Mr. Strain stated that there was a sign on the south side of Commercial Boulevard warning cyclists that the bicycle lane would be ending ahead. Commissioner Dressler noted that FDOT had been incredibly helpful in the past in resolving problems similar to this one. Ms. Iglesias said that this matter and similar concerns could be resolved during the project design stage for this portion of Commercial Boulevard. Ms. Iglesias stated that it was DOT's desire to receive input during the design stage, which could be incorporated into both the appropriate portions of the project design and construction stages. Commissioner Gomez inquired about the redress process for drivers who experienced pot hole or sink hole vehicle damage on roadways such as West Commercial Boulevard between NW 64th Avenue and Rock Island Road. Ms. Iglesias said she would be pleased to put effected parties in contact with the correct parties at the Florida Department of Transportation. 3. PRESENTATION BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) ON PROGRESS TOWARDS THE ACCREDITATION OF THE EAST COAST PROTECTIVE LEVEE SEGMENTS: — Chief Building Official Claudio Grande and Carole Morris, Lead Intergovernmental Representative, SFWMD Ms. Morris noted that the East Coast Protective Levee had been on flood maps dating back sixty to seventy years. She stated that South Florida Water Management District staff had spent some time during the past year making repairs and minor reinforcements to certain portions of the protective levee. Ms. Morris noted that the South Florida Water Management District would be awarding a total of three contracts to make necessary remaining repairs to the levee. Noting that she resided not too far from the protective levee, Vice Mayor Glasser said she had seen a fair amount of activity along the levee a few months ago. Ms. Morris stated that additional monitors were being installed a few months ago, and contractors would be performing additional inspections and repairs over the next year or so, with the project being targeted for completion in May 2013. Commissioner Dressler inquired about the water level behind the levee at present. Ms, Morris said that although the water level tended to be somewhat higher during the dry season, there was only one small area of concern to the south of Coral Springs, had already been repaired. Commissioner Dressler inquired whether the worst case scenario was the breeching of a levee. Ms. Morris said that the overtopping or breeching of a levee was very unlikely. She stated that a hurricane during the next season might lead to delays in the contractor's repair schedule. Commissioner Dressler also inquired about the South Florida Water Management District's role in addressing the invasive Burmese Python problem in the Florida Everglades. Ms. Morris said that some staff, especially water quality monitoring personnel, sometimes encountered Burmese Pythons during the course of their daily duties in the Everglades. Ms. Morris also stated that the Florida Fish and Wildlife Conservation Commission was the primary State agency in charge wildlife related matters. Commissioner Dressler said he would contact Florida Fish and Wildlife Conservation Commission relative to his concerns about the threat of invasive Burmese Pythons to the Florida Everglades ecosystem. There was a break in the proceedings between 10:59 and 11:20 a.m. The workshop reconvened at 11:20 a.m. with all parties referenced at the meeting's commencement in attendance. 4. Item No. 8 (c) on Ordinances — First Reading. SABAL PALM — COMMUNITY DEVELOPMENT DISTRICT: (T02246) Motion to adopt an Ordinance of the City of Tamarac, Florida on first reading establishing the Sabal Palm Community Development District; making certain findings regarding the district; describing the external boundaries of the district; naming five persons designated to be the initial members of the Board of Supervisors; providing for severability; providing for conflicts; and providing for an effective date. — Community Development Director Jennifer Bramley and Community & Economic Affairs Officer Andy Berns Mr. Berns said that the proposed Community Development District was a completely independent one. He stated that the Sabal Palm Community Development District, upon creation, would be able to sell revenue bonds to offset costs relative to infrastructure such as roadway improvements, open space, landscaping and storm water improvements. Mr. Berns said that activity in Sabal Palm South was scheduled to begin in February 2013 and that support of this proposed initiative was consistent with the City's Strategic Plan. Vice Mayor Glasser inquired when residents would be able to serve on the CDD Board of Directors. Mr. Berns said that residents would be able to serve on the Board after approximately six years. Mayor Bushnell inquired about the ownership of roads in the district. Mr. Berns said that the roadways would be private and maintained by the Community Development District. Mayor Bushnell inquired about the ownership of the canals. Ms. Bramley said that the canals and waterways in the district would also be professionally administered by the CDD. Mayor Bushnell inquired about communications between the proposed CDD and surrounding communities. Ms. Bramley said that any proposed land development actions would have to be reviewed and approved by the City of Tamarac. Ms. Klahr stated that she was providing the Mayor and City Commissioners with an under -lined and clean copy of the revised ordinance for consideration at Wednesday morning's City Commission meeting, copies of which are attached hereto. Ms. Klahr also stated that representatives of the district would be in attendance at the City Commission meeting. 5. Item No. 6(d) on the Consent Agenda. WASTEWATER MASTER PLAN - TASK ORDER AUTHORIZATION NO. 12-01 E: (TR 12176) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing that the City Commission approves Task Order Authorization No. 12-01 E and authorizes the appropriate City officials to execute Task Order Authorization No. 12-01 E with Mathews Consulting, Inc. to provide professional services to prepare a Wastewater Master Plan in accordance with the City's Consulting Engineering Agreement as authorized by Resolution No. R- 2011-87, for an amount not to exceed $168,475.00; approving funding from the appropriate adopted Utilities Contingency budget; authorizing the appropriate City officials to administer the contract; providing for conflicts; providing for severability; and providing for an effective date. — Public Services Director Jack Strain, Assistant Utilities Director Jim Moore and Purchasing/Contracts Manager Keith Glatz Utilizing a Power Point presentation for workshop items 5 and 6, a copy of which is attached hereto, Mr. Moore stated that the most recent study of the City's wastewater master plan was undertaken approximately twelve years ago. He noted that Mathews Consulting would be making recommendations to the City regarding recommended wastewater plan improvements for the next twenty years. Mr. Moore said that the master plan/study would take approximately six months to complete. He also stated that the City of Tamarac was a large user of Broward County's North Regional Wastewater Treatment Plant. Mayor Bushnell inquired whether reused water was signified by lavender colored pipes. Mr. Strain said this was correct, noting that it was relatively straightforward to plan for reused water infrastructure when building new neighborhoods and developments. Mr. Moore stated that it was vitally important for Broward County to start making definitive plans for water reclamation in the near future. Mr. Strain said that the City's Utilities staff is aware of the importance of being aggressive relative to the mitigation of infiltration and inflow. Mr. Moore said that City staff had asked Mathews Consulting to do some present network analysis of the City's existing wastewater system and related infrastructure. 6. Item No. 6 e on the Consent Agenda. SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) WATER USE PERMIT MODIFICATION — TASK AUTHORIZATION NO. 12-03E: (TR12180) A Resolution of the City Commission of the City of Tamarac, Florida, authorizing that the City Commission approves Task Authorization No. 12-03E and authorizes the appropriate City officials to execute Task Authorization No. 12-03E with Eckler Engineering, Inc. to provide professional services to prepare a SFWMD Water Use Permit Modification in accordance with the City's Consulting Engineering Agreement as authorized by Resolution R-2011-87, for an amount not to exceed $147,000.00; approving funding from the appropriate adopted Utilities Contingency budget; authorizing the appropriate City officials to administer the contract; providing for conflicts; providing for severability; and providing for an effective date. — Public Services Director Jack Strain, Assistant Utilities Director Jim Moore and Purchasing/Contracts Manager Keith Glatz Mr. Moore noted that the proposed contracting engineer, Eckler Engineering, had recently been successful in securing an increase in the permitted amounts of water withdrawal for the City of Coral Springs and two other water districts in Coral Springs. Mr. Moore stated that under the existing permit, the City of Tamarac could withdraw up to 7.19 million gallons of raw water per day through February 12, 2024. Mr. Moore said that the first step would be an analytical "go or no go" analysis, which would cost $38,000.00. He noted that it would take about one year to complete the water use permit modification study. Mayor Bushnell asked whether City staff was aware of any other municipalities or districts currently involved in this process. Mr. Moore said he was not aware of any other entities currently engaged in this process. Mayor Bushnell said she liked the concept of having a "go or no go" step as part of the review process. Mr. Strain stated there needed to be a safety valve in this process. 7. Item No. 8(a) on Ordinances — First Reading. COMPREHENSIVE PLAN AMENDMENT: (TO2224). Motion to adopt an Ordinance of the City of Tamarac, Florida, on first reading amending the Public School Facilities Element and the Capital Improvements Element of the Comprehensive Plan in order to meet the Public School Concurrency requirements of the Broward County Public Schools Second Amended Interlocal Agreement for Public School Facility Planning; providing for conflicts; providing for severability; and providing for an effective date. — Community Development Director Jennifer Bramley 8. Item No. 8(b) on Ordinances — First Reading. PUBLIC SCHOOL CONCURRENCY CODE OF ORDINANCES: (TO2245). Motion to adopt an Ordinance of the City of Tamarac, Florida, on first reading amending Chapter 10, Article VI, Section 10-333, "Public School ConcurrencyI) of the City of Tamarac's Code of Ordinances for the purpose of amending the level of service standard for public school facilities; providing for inclusion in the Code of Ordinances; providing for conflicts; providing for severability; and providing for an effective date. — Community Development Director Jennifer Bramley Ms. Bramley stated that items seven and eight were closely related. She noted that the school's permanent capacity excluded relocatable portable classrooms, while the gross capacity included relocatable portable classrooms. Ms. Bramley said that the School District's level of service was 110% of total permanent capacity for schools. She noted that a lot of schools in the eastern portion of Broward County were presently under - enrolled. Ms. Bramley also stated that the majority of schools in Tamarac were also presently under -enrolled. She stated that City staff recommended adoption of the proposed ordinances on first reading, with second readings to occur following the City Commission's summer hiatus. Vice Mayor Glasser said that the increasing number of charter schools in Broward County was likely a significant factor in the current under - enrollment at many Broward County Schools. Mayor Bushnell noted that the Broward School Board had an individual who was responsible for re-locatable/portable buildings. Commissioner Dressler inquired about the effective life of such structures. Ms. Bramley said that some portable classrooms had a life of up to twenty years. 9. PRESENTATION REGARDING OVERNIGHT PARKING — Community Development Director Jennifer Bramley and BSO Chief Marc Duguay Ms. Bramley noted that the applicable section of the City Code of Ordinances prohibited vehicular parking, except for emergency vehicles, on City streets between 2:00 and 6:00 a.m. Chief Duguay noted that the preponderance of complaints about overnight parking presently came from approximately four neighborhoods. Ms. Bramley noted that the average household tended to have larger vehicles, and a typical home presently had two or more vehicles. She stated that cities in Broward County were dealing with overnight parking restrictions in different ways, with the City of Fort Lauderdale having a full-time parking division. Ms. Bramley said that creative solutions included the issuance of residential parking permits, regulating the number of vehicles parking on streets, charging a parking permit fee, monitoring neighborhoods when age restrictions were lifted and working with homeowners associations to create parking opportunities. Ms. Bramley said that City staff was recommending the continued enforcement of Section 14-26 of the City Code of Ordinance relative to overnight parking, coupled with encouraging residents to park in their driveways and garages. Ms. Bramley provided the Mayor and City Commissioners with copies of an "Overnight Parking Summary" from Lieutenant Fred Wood, a copy of which is attached hereto. Ms. Bramley also noted the possibility of staff working with homeowners associations to find parking opportunities at clubhouses and possibly establishing parking easements with seasonal residents. BSO Chief Marc Duguay said that BSO Officers utilized their discretion in handling overnight parking situations and had issued a total of sixty citations between January and December 2011. Chief Duguay said the ordinance was a useful tool for officers to utilize with discretion. Ms. Bramley also noted that residents could extend their existing driveways, so long as they met applicable setback requirements. Commissioner Gomez inquired whether more commercial vehicles were cited, as opposed to personal vehicles. Chief Duguay said that approximately 95% of citations were for personal, rather than commercial, vehicles. Commissioner Gomez inquired about the issuing decals to potentially permit cars with appropriate decals to park in the driveways of abandoned homes. Chief Duguay noted that some homeowners associations did not want cars parking in the driveways of abandoned homes. He also said that the vast majority of people wanted to park in their own driveway or as close as possible to their own home. Ms. Bramley said that City staff would reach out to homeowner's associations about overnight parking matters at their upcoming meetings. Chief Duguay also stated that Broward Sheriffs Office is willing to attend homeowner association meetings to educate residents about overnight parking and related matters. "` Commissioner Dressler said that the most sensible approach was to permit BSO officers to continue to use their discretion relative to overnight parking issues. There being no further business, the workshop was adjourned at 12:36 p.m. Peter M. J. Achardson, CRM City Clerk Temp. Ord. # March 13, 2012 Page 1 Tle� AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA ESTABLISHING THE SABAL PALM COMMUNITY DEVELOPMENT DISTRICT; MAKING CERTAIN FINDINGS REGARDING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING FIVE PERSONS DESIGNATED TO BE THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, SPL Holdings, LLC, and SPL South Holdings, LLC ("SPL"), petitioned the City Commission of the City of Tamarac, Florida, to Community Development District (the "District"), p WHEREAS, the establishment of the : Di element or portion of the state or local government c plan; and to governance by the District; and ission of the City of Tamarac deems the establishment of , efficient and effective way to deliver community development services to the area described, and therefore, to be in the best interests of the citizens and residents of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: {CODING: Words in stroke throuo type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Users\PeterR\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5EAE7R81\00008966.DOC Temp. Ord. # March 13, 2012 Page 2 SECTION 1: AUTHORITY FOR THIS ORDINANCE. The City of Tamarac, Florida (the "City"), is authorized to adopt this ordinance under the authority granted by the provisions of Chapters 166 and 190, Florida Statutes, as amended, and other applicable provisions of law. SECTION 2: FINDINGS. It is hereby found and determined that: A. SPL owns property located wholly within the boundaries of the City. B. In December, 2011, SPL submitted to the City a petition (the "Petition") seeking the establishment of a community development district for the Property, more particularly described in Composite Exhibit `,attached hereto (the "Property"), within the meaning of the Uniform Comm!Development Act of 1980, Chapter 190, Florida Statutes (the "Act"), as �aanable and appropriate method of providing the infrastructure to serve r_esidof the Fr�perty. The District would be known as the "Sabal Palm CommO l y Development Ristrict", and the boundaries of the District would be ith the boundaries Me Property. C. The City has conducted a public Ii rn requirements of Section-1 90.005(1)(d� record of the public fik#ftand the facts Florida Statutes, among other ors, and 1. All statements in the . Petition m=€ordance with the ID da Statutes and ficonsidered the forth in Section 190:V005(1)(e) of the y_finds that: id to true and correct; 2. Thy creationte Distnc t; n,riconsrst with any applicable elements or port n _ of the Smote of Floral§ ` comprehensive plan or of the effective City combr� sive rrl a :_ within"- parppo d District is of sufficient size, is sufficiently efficiently` �tiguous to be developable as one functional [is ,, nt and operation of the proposed District is the best alternative for'ivering community development services and facilities to the vill erved by the District; 5. The coity development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and 6. The Property to comprise the District is amenable to separate special -district government. D. The City now desires to grant the Petition and to establish the District, as more fully set forth herein. {CODING: Words in stFake thMugh type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Users\PeterR\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5 EAE7R81\00008966. DOC Temp. Ord. # March 13, 2012 Page 3 SECTION 3. ESTABLISHMENT OF DISTRICT; NAME. The City hereby grants the Petition and establishes the District as a community development district within the meaning of the Act and as an independent special district within the meaning of Chapter 189, Florida Statutes. The name of the District shall be the "Sabal Palm Community Development District." SECTION 4. EXTERNAL BOUNDARIES. The external boundaries of the District shall be as set forth in Exhibit "B" attached hereto, which is attached hereto and incorporated herein by reference. SECTION 5. INITIAL MEMBERS OF BOARD OF SUPERVISORS. The five (5) persons to be the initial members of the Board of Supervisors of the District!, of whom is designated in the Petition, are as follows: 1. Donald David Deka, Jr. 16458 132nd Terrace N„ Jupiter, Florida 3347 _' Jose R. Milan 2820 S.W_44 Miami, Fly Charles B. M 1200 West A SECTION 6. GENT TO ROSE OF SPECIAL POWERS. In addition to the general and special powers wthe Distis authorized to exercise pursuant to sections 190.011 and 190.012(1), Florida St<, the pity hereby consents to the exercise by the District of the special powers set forth in subsec#o (a) and (d) of section 190.012(2), Florida Statutes, which authorize the District to plan, establig � acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for the following: (a) Parks and facilities for indoor and outdoor recreational, cultural, and educational uses; (d) Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion -detection systems, and patrol cars, when authorized by proper governmental agencies; except that the district may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such {CODING: Words in stFike throuo type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Users\PeterR\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5EAE7R81\00008966.DOC Temp. Ord. # March 13, 2012 Page 4 services within the district boundaries. SECTION 7. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. SECTION 8. If any clause, section or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and so not effecting the validity of the remaining portions or applications remaining in full force and effect. SECTION 9. This Ordinance shall become effective immedy upon its passage and adoption. {CODING: Words in stFike thFough type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Users\PeterR\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5 EAE7R81\00008966. DOC Temp. Ord. # March 13, 2012 Page S PASSED ON FIRST READING BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THIS DAY OF , 2012. PASSED AND ADOPTED ON SECOND AND FINAL READING BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF , 2012. MIX ATTEST: MAYOR PAI►ML BUSHNELL -------------- RECORD OF COAVIISSIG�;VOTE: First Reading PETER RICHARDSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to forrz SAMT CITY {CODING: Words in StFike-thmuo type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Users\PeterR\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5EAE7R81\00008966.DOC Temp. Ord. # March 13, 2012 Page 6 COMPOSITE EXHIBIT "A" DESCRIPTION OF PROPERTY {CODING: Words in StFake thFGUO type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Users\PeterR\AppData\Local\Microsoft\Windows\Temporary Internet Fi les\Co nte nt.Outlook\5 EAE7 R81\00008966. DOC Temp. Ord. # March 13, 2012 Page 7 EXHIBIT "B" EXTERNAL BOUNDARIES OF THE DISTRICT {CODING: Words in stFike through type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Users\PeterR\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5EAE7R81\00008966.DOC Temp. Ord. # March 13, 2012 Page 1 -J- AN ORDINANCE OF THE CITY OF TAMARAC , FLORIDA ESTABLISHING THE SABAL PALM COMMUNITY DEVELOPMENT DISTRICT; MAKING CERTAIN FINDINGS REGARDING THE DISTRICT; DESCRIBING THE EXTERNAL BOUNDARIES OF THE DISTRICT; NAMING FIVE PERSONS DESIGNATED TO BE THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, SPL Holdings, LLC., and SPL South Holdings, LLC ("SPL"), petitioned the City Commission of the City of Tamarac, Florida., to Community Development District (the "District"),. p WHEREAS, the establishment of the 'Di element or portion of the state or local government c WHEREAS, the land within the District is of sufficiently contiguous to WHEREAS, the City lopable as a fun plan;�; and size, is sufficiently compact, and interrelated community; and to governance by the District; and ission of the City of Tamarac deems the establishment of , efficient and effective way to deliver community development services to the area described, and therefore, to be in the best interests of the citizens and residents of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: { CODING: Words in stfike"''^u^" type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Users\PeterR\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5EAE7R81\Document87.doc Temp. Ord. # March 13, 2012 Page 2 SECTION 1: AUTHORITY FOR THIS ORDINANCE. The City of Tamarac, Florida (the "City" �,, is authorized to adopt this ordinance under the authority granted by the provisions of ChapterChapters 166 and 190, Florida Statutes, as amended, and other applicable provisions of law. SECTION 2: FINDINGS. It is hereby found and determined that: A. SPL owns property located wholly within the boundaries of the City. B. In December, 20111 SPL submitted to the City a petition (the "Petition") seeking the establishment of a community development„ district for the Property, more particularly described in Composite Exhi� "A"" attached hereto (the "Property")l within the meaning of the Un Community Development Act of 1980, Chapter 190, Florida Statutes (thy %- � as a reasonable and appropriate method of providing the infrastructure W serve t dents of the Property. The District would be known as the "Sab l rn Community development District" ----------------- "Dist6ef+L' and the boundart ' Distct wouldhcoterminous with the boundaries of the Property. 3. The pf lam "in the p s sed District is of sufficient size, is sufficiently compact, d is sufficiently contiguous to be developable as one functional 4 11?he establishmnt and operation of the proposed District is the best alternative able for shivering community development services and facilities to the area t Al served by the District; 5. The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and 6. The Property to comprise the District is amenable to separate special -district government. D. The City now desires to grant the Petition and to establish the District, as more fully set forth herein. { CODING: Words in type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Users\PeterR\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5EAE7R81\Document87.doc Temp. Ord. # March 13, 2012 Page 3 SECTION 3. ESTABLISHMENT OF DISTRICT; NAME. The City hereby grants the Petition and establishes the District as a community development district within the meaning of the Act and as an independent special district within the meaning of Chapter 189, Florida Statutes. The name of the District shall be the "Sabal Palm Community Development District." SECTION 4. EXTERNAL BOUNDARIES. The external boundaries of the District shall be as set forth in Exhibit "B--"' attached hereto, which is attached hereto and incorporated herein by reference. SECTION 5. INITIAL MEMBERS OF BOARD OF SUPERNI RS. The five (5) persons to be the initial members of the Board of Supervisors of the Di "each of whom is designated in the Petition, are as follows: Donald David Deka, J 16458 132nd Terrace= Jupiter, Florida 3347 SECTION 6. Pia In addition to sections 190.011 and MAN Florida Statutes, the City hereby consents to the exercise by the District of the special powers set forth in subsections (a)T,,) and (d) of section 190.012(+2), Florida Statutes, which authorize the District to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for the following: (a) .Parks and facilities for indoor and outdoor recreational cultural and educational uses; { CODING: Words in StFike thiteuo type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Users\PeterR\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5EAE7R81\Document87.doc Temp. Ord. # March 13, 2012 Page 4 . . . ... . . . . . . . . . . to . . . .. .. . ... .. .. .. - _. . :.; :. N-01. . • • • 1 ' • ' ♦ .. services within the district boundaries. SECTION 7. All Ordinances or pl of conflict herewith be and the same are hhy SECTION 8. If any clause_ section or otter, any court of competent 9"bn- to be and part shall be considen� elimrn l and so applications remaining -full force �d effect. SECTION linances� solutions or parts of Resolutions in ;aled to the d-tent of such conflict. b licatiori bf phis Ordinance shall be held by ituti wand, Bch unconstitutional or invalid wing t Widity of the remaining portions or upon its passage and adoption. I {00008966 DOC YA 3 he 2012 03-.3 Pm)CODING: Words in StFike thFOUgh type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Users\PeterR\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5EAE7R81\Document87.doc Temp. Ord. # March 13, 2012 Page 5 PASSED ON FIRST READING BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THIS DAY OF .12012. PASSED AND ADOPTED ON SECOND AND FINAL READING BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THIS DAY OF 2012. ATTEST: PETER RICHARDSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to forte- SAMI CITY MAYOR PAA BUSHNELL RECORD OF COMMISSION VOTE: First Reading { CODING: Words in StFake thFOUgh type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Users\PeterR\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5EAE7R81\Document87.doc Temp. Ord. # March 13, 2012 Page 6 COMPOSITE EXHIBIT "A" DESCRIPTION OF PROPERTY { CODING: Words in StFike thFOUgh type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Users\PeterR\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5EAE7R81\Document87.doc Temp. Ord. # March 13, 2012 Page 7 EXHIBIT "B" EXTERNAL BOUNDARIES OF THE DISTRICT { CODING: Words in StFike thmu94 type are deletions from existing law; Words in underlined type are additions. SSG:JGH:SRW C:\Users\PeterR\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5EAE7R81\Document87.doc 3/22/2012 Wastewater Master Plan Commission Workshop March 26, 2012 Wastewater Master Plan Last Comprehensive Wastewater Capacity Study completed 12 years ago. y Last Wastewater Hydraulic Modeling Study of the Transmission System completed 16 years ago. This Wastewater Master Plan will evaluate the existing wastewater utility system and make recommendations for necessary improvements to maintain an adequate level of service for the next 20 years. Special attention will be given to the Inflow and Infiltration (I&I) program. Without an aggressive I&I program, we could see our wastewater Treatment costs double or triple in the next 13 years. 1 3/22/2012 Wastewater Master Plan Mathews Consulting has been selected to complete this plan. Cost proposal is $168,475 to complete. Study will take 27 weeks to complete. Wastewater Master Plan Wastewater Disposal charges to the Broward County North Regional WWTP have increased from $3.7 Million in 2008 to a projected cost of $5.5 Million in 2012 Wastewater Disposal Costs are consuming 25% of the total Utilities Budget and the costs are escalating faster than Utilities Revenue increases. Broward County is estimating that changes required to meet the Ocean Outfall Rule will require at least $815 Million by Dec 31, 2025 2 3/22/2012 Wastewater Master Plan Tamarac is a Large User of the North Regional WWTP with ownership of 8.50 MGD or approximately 10% of the WWTP capacity. Simple math indicates that Tamarac could be responsible to pay for approximately $80 Million of capital costs at the NRWWTP by Year 2025 This Wastewater Master Plan will develop a cost and plan to address the I&I issue that exists with the Tamarac Wastewater Collection system. r. Project Schedule Begin April 2012. Complete October 2012. 3/22/2012 SFWMD Water Use Permit Modification Commission Workshop March 26, 2012 SFWMD Water Use Permit Modification 20 Year Water Use Permit issued by the SFWMD on Feb 12, 2004. Water Treatment Plant permitted to withdraw 7.55 MGD for a 5-Year period ending Feb 12, 2009. Permitted withdrawal is 7.19 MGD from Feb 9, 2009 through Feb 12, 2024. SFWMD adopted a Regional Water Availability Rule in 2007 which will reduce our WUP withdrawal on Feb 12, 2024 to 6.90 MGD. 3/22/2012 SFWMD Water Use Permit Modification Current Raw Water Usage Projections put the withdrawal rate from the Biscayne Aquifer at 6.85 MGD in 2020, 6.99 MGD in 2024 and 7.21 MGD in 2030. Without additional water from either the Biscayne or Florida Aquifer, we will exceed the Permit limit of 6.90 MGD that is effective on Feb 12, 2024. Additional Raw Water from the Floridan Aquifer will require Reverse Osmosis at the WTP at a cost of $19, 000, 000 SFWMD Water Use Permit Modification Eckler Engineering has been selected to complete this Biscayne Aquifer Hydraulic Modeling and WUP Modification Eckler Engineering was successful in obtaining increases to the WUP for the City of Coral Springs and the two improvement districts in Coral Springs. Cost proposal is $147,000 to complete The first task is the Analytical portion of the project to cost $38,000 and will determine if the project is Go -No Go. 5 3/22/2012 SFWMD Water Use Permit Modification Potential Payback for Project is Very High considering an increase in the WUP from 6.90 MGD to 7.55 MGD will allow the City to save $19,000,000 required to construct a 2 MGD RO facility. A Biscayne Aquifer WUP allocation of 7.55 MGD will supply Tamarac water needs for at least more 25 years. This increased raw water allocation, coupled with our Award winning Water Conservation Program should allow the City to meet its water needs beyond the year 2037. 91 9� .; Project Schedule Begin April 2012. Complete April 2013. Lei 3/22/2012 7 31 2, FEB1 b 2012 ,ADMINISTRATIVE OFFICES �rio�e ih <Serr�ice wIr'>!c Ihf�r'ifJz INTERNAL MEMO DATE: February 16, 2012 MEMO TO: Chief J. Marc Duguay Tamarac District FROM: Lieutenant Fred Wood Executive Officer, Tamarac D SUBJECT: Overnight Parking Summary After meeting with Tamarac city officials regarding the ongoing issues over the city's municipal ordinances for parking, I am making the following recommendation. The ordinances, like many other ordinances and statutes prohibiting minor offenses, are a valuable tool for law enforcement in situations where more traditional methods of problem resolution are not applicable. These ordinances are not always appropriate for a "Zero Tolerance" approach and enforcement continues to be best left to the discretion of the deputy assessing the facts on the scene. For this reason, the ordinances should not be altered or revoked at this time but continue to be applied as we have done in recent years. Since my arrival here in Tamarac in December, 2006 overnight parking has been a concern in several communities on various occasions. During 2011 and so far this year, the communities with parking concerns have been The Landings of Tamarac, The Boulevards of Tamarac, Mainlands 6 and Mainlands 7. In previous years, Spring Lake Villas, The Isles of Tamarac and Faircrest 14 have also had parking concerns. The issues seem to be specific to certain Homeowner Association Board Presidents and when their tenures end, the complaints regarding parking subside. I suspect this trend will continue with the recent communities cited. A few years ago, after discussion with our Alpha Shift personnel, and feedback from my attendance at association meetings, I drafted a generic response to inquiries about parking issues. That response is below. Overnight parking is one of the most common and controversial issues brought to my attention. A recurring problem that we encounter is that many of the Tamarac communities such as yours have driveways designed for only 1 vehicle, appropriate at the time they were built. The norm today is for multiple vehicles per family and parking just reaches critical mass. While the ordinance prohibits on -street parking, I ask my deputies to apply some common sense and discretion. If the parking presents any potential safety hazard, such as difficulty for an emergency vehicle to pass, then . citations or towing is appropriate. I allow them some leeway in using warnings, particularly in these difficult economic times, so that residents are educated rather than punished. As for as parking in the driveways or in front yards, we can not enforce parking on private property or remove vehicles by towing or any other means. If your HOA has an agreement with a towing company, you could refer these violations to them. If there is no such agreement, the individual property owners would need to contact a company for removal. The parking ordinances fall under the jurisdiction of the City's Code Enforcement Unit, however, when the violations present an obvious and immediate hazard to public safety, we intervene for them. This approach allows us to concentrate on our primary functions of crime prevention, patrol and response to emergencies. I will have our overnight personnel take a look at this again and determine if the parking issue is creating a hazard. If it does not.. I will pass this along to Code Enforcement. This response has been met with mostly positive response except, predictably, by those that forward the parking complaints. Additionally, I am not aware of any incident where on street parking has prevented the thru access of any emergency vehicle. This was confirmed in discussions with TFR Chief Burton. At this point in time, my position is that we leave the ordinances, and our apllication of enforcement, as is. cc: File FW 12-3 W