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HomeMy WebLinkAbout2004-01-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY JANUARY 28, 2004 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 9:00 a.m. on Wednesday, January 28, 2004 at Tamarac City Hall, 7525 NW 88 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, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Commissioner Sultanof led the Pledge of Allegiance. INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: a. Mayor Schreiber, with the assistance of City Manager Miller presented employee service awards to the following: 5 Year Awards: Doris Danahy, Accounting Clerk, Finance; Steven Beamsderfer, Buyer, Finance; Sandy Beall, Building Services Coordinator, Building; Scott Slovis, Code Enforcement Officer, Building; Rafael Droz, Firefighter 3, Fire Rescue; Glenford Johnson, Engineering Construction Inspector/Plans Examiner, Public Works; and Robert Kasprack, Water Plant Operator B, Utilities. 10 Year Awards: Myrna Beltre, Systems Coordinator, Public Works and Francis Piri, Water Plant Operator C, Utilities. 15 Year Awards: Barbara London, Administrative Coordinator, Public Works; Jeffrey Arillo, Engineering Construction Inspector/Plans Examiner, Utilities; and Adolfo Carpio, Equipment Operator II, Utilities. 20 Year Award: Janice Atwood, Backflow Technician, Utilities. b. Presentation by Linda Davidson, Management and Budget Director, City of Boca Raton, of a Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association of the United States and Canada (GFOA) for the City of Tamarac's FY03 Comprehensive Annual Financial Report (CAFR). Ms. Davidson said Tamarac has been the recipient of this award for 15 consecutive years, and a total of 18 years. Mayor Schreiber commended the Finance Department for their work on behalf of the City. Controller Nealon thanked the accounting staff and the Finance Department for their work, and recognized members of the accounting staff: Doris Dahany, Rick Spencer, Avril Major, Tessie Gross, Gloria Taylor, Angie Losasso, January 28, 2004 1 and Nate Buchanan. Controller Nealon also thanked the City Commission for their support and said they play a vital role in maintaining the financial integrity of the City. C. Presentation by Mayor Schreiber of a proclamation congratulating Ashmont at Kings Point on the celebration of its 20th anniversary. Bernard Eisner accepted. PFPOPTS 2. City Commission: Mayor Schreiber read a letter from the National League of Cities into the record (see attached letter) and explained that Tamarac was awarded a certificate for five years of membership and participation in the National League of Cities. Mayor Schreiber said it is rewarding to be here and see people honored for their years of service. Mayor Schreiber reported on his attendance at the U.S. Congress of Mayors, January 20-23, 2004 and said it was a very rewarding experience. One of the common problems among cities is unfunded mandates. Mayor Schreiber cited the Homeland Security Act, and said the money is given to the states, but is not funneled down to the municipalities; the cities are the first response in cases of emergencies and need the funds to operate. Mayor Schreiber said the highlight of the meeting was hearing President Bush and U.S. Senator Hillary Clinton speak. President Bush promised more money would be released. Mayor Schreiber said Senator Clinton was a very impressive speaker. Commissioner Portner had no report. Vice Mayor Roberts congratulated the employees who received awards this morning and commended them on their dedication and service. Vice Mayor Roberts also congratulated BSO Sgt. Logan for 30 years of service. Commissioner Sultanof said about two weeks ago rumors circulated regarding his eligibility to run for another term as Commissioner in 2005. Commissioner Sultanof said he intends to run for his third term in 2005, and he is entitled, under the Florida Statutes and the laws of Tamarac to do so. Commissioner Sultanof added that this Commission has done a magnificent job working with the people, and cited the awards given out this morning. Commissioner Sultanof said serving as a Commissioner is more than a part time job. Commissioner Flansbaum-Talabisco had no report. 3. City Attorney: City Attorney Kraft had no report. 4. City Manager: City Manager Miller congratulated the staff who received service awards this morning and commended them on their longevity and dedication to public service. City Manager Miller added that he hoped the Commission and staff would attend the `Reaching For The Stars' Employee Lunch scheduled for this afternoon, as there will be awards presented for individual and team accomplishments. City Manager Miller said there will be two more opportunities for residents to receive on -site assistance for Homestead Exemption, the first on Thursday, February 5 at Satellite City Hall from Noon — 2:00 p.m., and the second on Tuesday, February 10 from 5:00 p.m. — January 28, 2004 2 7:00 p.m. at the Tamarac Community Center. The Fire Department reports that the Citizen Corps Council will meet on January 30 at 3:00 p.m. at City Hall in room 105. There will be an election of officers and discussion of upcoming activities and projects. All are welcome to attend. 5. PUBLIC PARTICIPATION: Odiel Feyers, 7421 NW 70th Avenue, Tamarac, spoke about speeders on 70th Avenue. Mr. Feyers congratulated Vice Mayor Roberts for her help over the past 1-1/2 years, and asked if there was any word from staff regarding traffic calming devices. Public Works Director Strain explained that the City is going through the process of approving the traffic calming policy, which should be completed within the next 2-4 weeks, and then the design process will begin. Mayor Schreiber asked how traffic is calmed and Public Works Director Strain explained there are many devices that can be used, and our policy allows all of them, but the City will try to use the best method possible for individual neighborhoods. Commissioner Sultanof spoke of a discussion at a past workshop meeting regarding a pilot program to be set up before anything permanent was put in place. Public Works Director Strain said from a Public Works and Engineering standpoint that is not a favorable way to go; the policy calls for permanent installation. Before moving forward, the City wants to make sure the majority of the neighborhood is in favor of traffic calming, and then we will move forward with the design. While speed humps are included in the policy, it is preferable not to use them because of liability issues. Commissioner Sultanof said he did not want Tamarac to have the same problems as other cities, and reiterated the need for a pilot program; additionally Commissioner Sultanof said we must address the plea of the neighborhood. Commissioner Portner asked if the County has taken up this problem, and Commissioner Sultanof said the County deals with feeder roads, but the problem is the amount of traffic on our roads. Public Works Director Strain said we have taken some of the County's ideas from their traffic calming policy and incorporated them into our policy. Public Works Director Strain added that the first project the City will take on will be 70th Avenue. Larry Feingold, 8810 McNab Road, #202, said he is the new president of the President's Council. Mr. Feingold said everything the City Commission and City employees do to enhance the City is appreciated. The President's Council has contacted some government officials in anticipation of getting a new post office for Tamarac. CONSENT AGENDA 6. Vice Mayor Roberts seconded by Commissioner Flansbaum-Talabisco moved approval of all items on the consent agenda. On roll call Commissioner Sultanof voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Vice Mayor Roberts "yes", and Commissioner Portner "yes". Motion carried. a. APPROVE the minutes of the January 14, 2004 Regular City Commission meeting. APPROVED January 28, 2004 3 b. 1ST QUARTER 2004 BUDGET AMENDMENT: (TR10321) Amending the expenditure budget for the Fiscal Year 2004; amending the budget of estimated revenues for the Fiscal Year 2004. RESOLUTION NO. R2004-12 C. TERMINATING AGREEMENT WITH PUBLIC FINANCIAL MANAGEMENT, INC.: (TR10318) Terminating the existing agreement dated March 26, 2003 with Public Financial Management Inc. RESOLUTION NO. R2004-13 d. AUTHORIZING SUBMISSION OF GRANT APPLICATION FOR HURRICANE WIND SCREENS: (TR10331) Submitting an application to the Florida Department of Community Affairs through the Emergency Management Preparedness and Assistance Trust Fund for an Emergency Management Municipal Matching Grant in an amount not to exceed $50,000, providing for a match of 2:1 for hurricane screens at essential facilities. RESOLUTION NO. R2004-14 e. WATER AND SEWER DEVELOPER'S AGREEMENT — KEYES COVERAGE OFFICE BUILDING: (TR10329) Executing a Water and Sewer Developer's Agreement with Hiatus, L.L.C., for the Keyes Coverage Office Building Project, located at 5900 Hiatus Road, requiring 7.5 ERC's for water and 5 ERC's for sewer; requiring the payment of $19,500.00 in CIAC fees; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2004-15 f. SUPPORTING THE METROPOLITAN PLANNING ORGANIZATION'S (MPO'S) OPPOSITION TO WIDENING FLORIDA TURNPIKE WITHOUT IMPLEMENTATION OF NOISE ABATEMENT MEASURES: (TR10332) Supporting the Broward County Metropolitan Planning Organization's opposition to the widening of the Sawgrass Expressway from Atlantic Boulevard to the Turnpike Mainline, and the Florida Turnpike from Griffin Road to Atlantic Boulevard unless necessary noise abatement measures are implemented to protect the residents adjacent to the project; authorizing the appropriate City officials to provide copies of this Resolution to the Florida Department of Transportation, the Florida Department of Transportation's Florida Turnpike Enterprise, and the Broward County Metropolitan Planning Organization. RESOLUTION NO. R2004-16 g. GRANT ACCEPTANCE AND AGREEMENT — SOUTHGATE LINEAR PARK: (TR10328) Accepting a grant in the amount of $200,000 from the Florida Department of Environmental Protection Land and Water Conservation Fund; authorizing the appropriate City officials to execute an agreement between the Florida Department of Environmental Protection and the City of Tamarac for grant funding in the amount of $200,000 with a City match of $200,000 for a total project cost of $400,000, from the Land and Water Conservation Fund (LWCF) to provide the residents and visitors of Tamarac enhanced parks and recreation programs at Southgate Linear Park. RESOLUTION NO. R2004-17 h. URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT PRIORITY ISSUES DURING THE 2004 LEGISLATIVE SESSION: (TR10333) Urging members of the Florida Legislature to support the Florida League of January 28, 2004 4 Cities' key priority municipal issues during the 2004 legislative session; directing the City Clerk to provide copies of the adopted Resolution to Governor Jeb Bush, Senate President Jim King, Speaker of the House Johnnie Byrd, Jr., Senator Skip Campbell, Representative Stacy Ritter, Representative Ron Greenstein and the Florida League of Cities. RESOLUTION NO. R2004-18 END OF CONSENT AGENDA REGULAR AGENDA 7. APPOINTING ONE RESIDENT TRUSTEE TO THE POLICE PENSION BOARD: (TR10327) Motion to approve Resolution appointing one resident trustee to the Police Pension Board for a two-year term ending January 28, 2006. Mayor Schreiber said this item was discussed at Monday's workshop meeting and there was an expression of interest by the City Commission to appoint Murray A. Levine as the resident trustee to the Police Pension Board. Today's action is to take formal action to approve the Commission's expression of interest. City Attorney Kraft read Temporary Resolution 10327, Revision #1 by title, and added that Mr. Levine's name has been inserted into the text of the Resolution pursuant to the Commission's expression of interest at Monday's workshop. Commissioner Portner seconded by Commissioner Sultanof moved approval. On roll call Vice Mayor Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", Commissioner Flansbaum-Talabisco "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2004-19 PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER ORDINANCE — SECOND READING 8. AMENDING CHAPTER 6 OF THE TAMARAC CODE — SECTION_ 6-153, "SURPLUS STOCK": (TO2032) Motion to adopt Ordinance on second reading amending the City of Tamarac Code, Chapter 6 "Finance and Taxation," Article V "Purchasing Procedures," Section 6-153, "Surplus Stock," amending procedures for the disposal of surplus property to provide for the greater flexibility of the disposal of City surplus stock property by incorporating competitive sealed bid, established market sales, sales at posted prices, donation or trade-in as additional methods for disposal of surplus stock; providing for codification. City Attorney Kraft read Temporary Ordinance 2032, Revision #1, on second reading by title. Commissioner Sultanof seconded by Vice Mayor Roberts moved approval. Commissioner Portner asked if approval of this Ordinance means that any charity in the City or Broward County can apply to Tamarac for gifts of surplus items. City Manager Miller responded that is correct. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Mayor Schreiber voted "yes", Vice Mayor Roberts "yes", Commissioner Sultanof voted "yes", Commissioner Portner "yes", and Commissioner Flansbaum-Talabisco "yes". Motion carried. ORDINANCE NO. 0-2004-04 January 28, 2004 5 QUASI-JUDICIAL HEARINGS 9. AMENDING PRIOR ZONING — LOT 7 BLOCK 7 OF THE "LYONS COMMERCIAL SUBDIVISION" PLAT: (T02034) Motion to adopt Ordinance on first reading amending prior zoning of certain real estate property from B-1 (Neighborhood Business District) to B-2 (Community Business District), lands commonly known as Lot 7, Block 7, less the South 7 feet thereof of the "Lyons Commercial Subdivision" Plat, according to the Plat thereof as recorded in Plat Book 69, Page 42 of the Public Records of Broward County, Florida, located at 8301 West Commercial Boulevard (Case No. 43-Z-03); providing for amendment of the official zoning map to reflect such change. City Attorney Kraft read Temporary Ordinance 2034 on first reading by title. Commissioner Portner seconded by Commissioner Flansbaum-Talabisco moved approval. City Attorney Kraft explained the quasi-judicial procedures and Robert Imperato, RC, Inc., waived his quasi-judicial rights on behalf of the owner. Community Development Director King gave a presentation. Commissioner Sultanof asked if these would be cottages and Community Development Director King said it is an upgraded Comfort Suites. Commissioner Sultanof questioned concurrency and traffic emptying onto 57t" Street, and how this would interact with the plans for the Main Street Project. Community Development Director King said the City has worked with the applicant to come up with a plan regarding how this project will fit in with the Main Street project, and many issues were addressed. When the development regulations are in place we will then come back to review what needs to be done in order to conform to the regulations. Commissioner Sultanof expressed concern about parking and walking traffic as it relates to the Main Street Project. Community Development Director King explained the design is planned around our code as it stands now, since we do not have development regulations in place for Main Street at this time. Modifications will be considered at the appropriate time. Commissioner Sultanof asked if this would be addressed at second reading of the ordinance and Community Development Director King said this would be addressed at site plan approval. Commissioner Portner asked if the address would be Commercial Boulevard or 57t" Street, and James Gilgenbach, Architect, explained it would be the same address as Comfort Suites, and it is an extended stay facility. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Flansbaum- Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and Vice Mayor Roberts "yes". Motion carried. APPROVED ON FIRST READING JANUARY 28, 2004 END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS There being no further business to come before the City Commission, Mayor Schreiber adjourned the regular commission meeting at 9:45 a.m. 6 E SCHREIBER, MAYOR MARION SW NSON, CMC'� CITY CLERK January 28, 2004-, . 6 1 1 1 To strengthen and promote cities as centers of opportunity, leadership, and 0 January 12, 2004 governance. The Honorable Joe Schreiber Mayor National League City of Tamarac of Cities 7525 NW 88th Avenue Tamarac, FL 33321 1301 Pennsylvania Ave., N.W. Dear Mayor Schreiber: Washington, DC 20004-1763 202-626-3000 Congratulations! Your city has reached an important milestone: 5 years of Fax. 202-626-3043 membership and participation with the National League of Cities (NLC). vwdw.nlc.org 2004ONicers We are delighted to present the enclosed certificate honoring the City of Tamarac's President continued participation with NLC. Over the years, your elected officials have Charles ens ersworked hard sharing their leadership, knowledge, kledskills, and experience in a variety ecuman, Select > Arlington, Massachusetts of events and activities on behalf of the National League of Cities. First Vice President Anthony A. Williams Mayor, It seems like only yesterday that the City of Tamarac first joined NLC. Since that Washington, DC time, Second Vice President February 1, 1998, city has faced many challenges that have changed the way it James C. Hunt Council Member, your does business and serves its citizens. But in keeping with the mission of the National Clarksburg, West Virginia League of Citiesto strengthen and promote cities as centers of opportunity, Immediate PastPresidenl leadership, and governance-, . City of Tamarac has remained active, demonstrating John DeStefano, Jr. Mayor, exemplary service in and a commitment to fulfilling our goals. New Haven, Connecticut rxecnald°Tien`°' We look forward to our continued involvement, and we thank again for our Llnnalr,.,. Hnrut you Y Y g Y support on behalf of all cities, towns, and villages in our great nation. Warmest regards, Donald J. Borut Executive Director Enclosure: Past Presidents' Karen Anderson, Mayor, Minnetonka, Minnesota • Clarence E. Anthony, Mayor, South flay, Florida • William H. Hudnut, III, Vice Mayor, lown of Chevy Chase, Maryland • Sharpe James, Mayuc Newark, NewJerse..y • Brian J.O'Neill, Councilman, Philadelphia, Pennsylvania • Directors: Lorraine Anderson, Counrilmomber, Arvada, Colorado • Ronald Bates, Mayor Pro lem, Los Alamitos, California • Phil Bazemore, Mayor Pro Te.m, Monroc, Nonh Carolina • Daniel Beardsley, Jr., Lxecutive Diiectur, Bhude Island League of Cities and Towns • Conrad W. Rowers, Mayor, Bridgeton, Missouri • Rozelle Boyd, Councillor, Indianapolis, Indiana • Kenneth Bueche, Exernitive. Dirmitor, CnImado Municipal League • Leo V. Chaney, Jr., Cooncilmembei, Dallas, Texas' • Roger C. Clear, Mayor, Bolinphrnok, Illinnis • Roosevelt Coats, G;1] im Morrhor, Cloveland, Ohio • Lisa Dooley, Lxecutive Oirectur, West Virginia Municipal I eagim • C. Virginia Fields, Manhattan Borough President, New York, New York • Clay Ford, Jr., Mayor Pro ern, Cult Breeze, Flurida • Del Haag, Cnunr.ilmemhor, Buffalo, Minnesota • S. Ellis Hankins, Lxecutive Director, Nwth Carolina Leapur: of Municipalities • Ken Harward, Fxertrtive. Director, Association of Idaho I;itias Lester Heitke, Mayor, Willmar, Minnesota • Ruth Hopkins, Cuunci6nemher, Prairie. Village., Karen; • Ted Jennings, Mayor, Brewton, Alabama • Willa Johnson, Councilwoman, Oklahoma City, Oklahunia • Helen Kawagoe, City Clerk, Carson, Celiformi • Joseph Maestas, Councilor, Lspanola, New Mexico • Cynthia McCollum, Council Mernher, Madison, Alahnmo • Rudolph McCollum, Jr., Mayor, Richmond, Virginia Dan Molar, Executive Director, League of Kansas Municipalities • Carlton Moore, Commissioner, Fort Lauderdale, I lorida • Joe Moore, Aldetman, Chicagu, Illinuis • Nancy Nathanson, Counr.ihnember, Eugene, " /edPape, Or:gnn; • Kathleen M, Novak, Mayor, Northglenn, Colorado • Alex Padilla, City Cuuncil Prusidrnt, I as Angeles, California • Bart Peterson, Mayor, Indianapolis, Indiana • Margaret Peterson, Councilmember, West Valley City, Utah• Terry Riley. Council Memhor Kansas City, • Missouri John Russo, City Attorney, Oakland, California • Jeanie E. Smith. Fxerinivo nirortor, Mississippi Municipal League • Shep Stahel, DoPuty Mayor Pro Iem, Plano, Texas; • Ted Tedesco, Mayor, AmmS, Iowa • Liherato Silva, Vice Mayor, Ilegstatt, Arizona • Ban Thompson, Executive Directur, League of Wisuansin Municipalities • Dick Taim, Recy Assembly Chairman, Anchorage, Alaska