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HomeMy WebLinkAbout2005-04-13 - City Commission Regular Meeting Minutes1 CITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY APRIL 13, 2005 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 7:00 P.M. on Wednesday, April 13, 2005, in Chambers at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL. PRESENT: Mayor Joe Schreiber, Vice Mayor Beth Flansbaum-Talabisco, Commissioner Edward C. Portner, Commissioner Marc L. Sultanof, and Commissioner Karen L. Roberts. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Commissioner Marc L. Sultanof led the pledge of allegiance. INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Schreiber of a proclamation proclaiming the week of April 10-16, 2005 as "National Crime Victims' Rights Week". Chief Dugger accepted and thanked the Mayor and City Commission. b. Presentation by Mayor Schreiber of a proclamation honoring the memory of Morton Winter for his service to the City of Tamarac. Mrs. Winter accepted, thanked the Mayor and City Commission and said Mr. Winter loved serving Tamarac. REPORTS 2. City Commission: Mayor Schreiber said he has been in elected office since 1992 and the city has prospered and done well; however, he is not happy with the fact that we may lose the in-house City Attorney's office, and he hopes this will not happen. Vice Mayor Flansbaum-Talabisco reported that she recently held the second of the District 2 Leadership meetings; one session for presidents and representatives of the homeowner associations and one for presidents and representatives of the condominium associations. The sessions were well attended and dynamic. Vice Mayor Flansbaum-Talabisco participated in the Broward Days and Arts Day in Tallahassee, representing the League of Cities, Broward Cultural Council and the City of Tamarac. It appears that statewide funding for cultural and historic preservation will be restored to the 2003 level and a packet should arrive for the Mayor and City Commission's review in a few days explaining everything that occurred. April 13, 2005 Page 1 of 9 Commissioner Sultanof said every city evolves and he feels this commission, for the last eight years has done a spectacular job; it is our duty to keep the City of Tamarac progressing. Commissioner Portner said he shares the commission's concerns about the city, but he sees things in a different light; we are progressing and moving forward. Commissioner Roberts concurred with Mayor Schreiber's comments regarding the in- house City Attorney's office. 3. City Attorney_ City Attorney Kraft had no report. 4. City Manager: City Manager Miller reported Community Development received a satisfactory overall rating from HUD in its annual community assessment for 2003. The City of Tamarac was commended on its performance in expending 100% of the CDBG funds benefiting low and moderate -income families. Tamarac Fire Rescue reports that Deputy Chief Schuldt was awarded the Chief Fire Officer designation from the Commission of Fire Accreditation International. Five hundred individuals have been recognized since the inception of this award in 2000; Deputy Chief Schuldt is the third member of Tamarac Fire Rescue to receive this award. The transportation division of Parks and Recreation reports average ridership per hour for March was 6.7 for the green route, 6.1 for the yellow route, and 9.6 for the red route. Additionally, the experimental 'Ride to Read' program, providing free bus service to the library, is doing very well. City Manager Miller invited everyone to attend the Aquatic Center Groundbreaking ceremony at Caporella Aquatic Center on April 14th at 10:00 a.m. The Sixth Annual Veterans Assembly is scheduled to take place next Tuesday, April 19th from 6:00 p.m. — 8:00 p.m. at the Tamarac Community Center. Over 300 guests attended the Tamarac Twilight Concert last Friday. The next concert will be on May 13 from 7:00 p.m. -- 9:00 p.m. at Caporella Park East. There will also be a concert in June. The Utilities Department reports a number of employees were trained in confined space entry and fire hydrant repair. Additionally the Water Treatment Plant received a score of 100% in a recent quarterly inspection. The two million gallon storage tank project is proceeding on schedule. 5. PUBLIC PARTICIPATION: There was no public participation. CONSENT AGENDA 6. Commissioner Portner seconded by Commissioner Sultanof moved to pull Item 6(n) from the consent agenda and table said item to the April 27, 2005 regular City Commission meeting at or after 9:00 a.m. Item 6(n). AGREEMENT — FY05 INFLOW AND INFILTRATION (I & 1) SEWER _LINE REHABILITATION PROJECT: (TR10683) Executing an agreement for the FY05 Inflow and Infiltration project for Sanitary Sewer Rehabilitation with Insituform Technologies, Inc., utilizing Manatee County Contract RFP 04-3794FL, valid through September 30, 2005, for an amount not to exceed $500,000.00; authorizing the appropriate City officials to administer the contract. On roll call Commissioner Sultanof voted "yes", Vice Mayor Flansbaum-Talabisco "yes", Mayor April 13, 2005 Page 2 of 9 Schreiber "yes", Commissioner Roberts "yes", and Commissioner Partner "yes". Motion carried. Commissioner Portner seconded by Commissioner Sultanof moved approval of all items on the consent agenda with the exception of 6(n). On roll call Vice Mayor Flansbaum- Talabisco voted "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", Commissioner Portner "yes", and Commissioner Sultanof "yes". Motion carried. a. APPROVE the minutes of the March 21, 2005 Special City Commission meeting. APPROVED b. APPROVE the minutes of the March 23, 2005 Regular City Commission meeting. APPROVED C. FIRST AMENDMENT TO WATER AND SEWER DEVELOPER'S AGREEMENT — MAINSTAY SUITES PROJECT: (TR10635) Executing a First Amendment to the Water and Sewer Developer's Agreement with Tamarac Hotels, Inc., for the Mainstay Suites Project, located at 8301 West Commercial Boulevard, requiring an additional 27.3 ERC's for water and 27.3 ERC's for sewer establishing additional contribution charges in the amount of $87,360.00; authorizing and directing the City Clerk to record said agreement in the Public Records of Broward County. RESOLUTION NO. R2005-57 d. AUTHORIZING A FOUR -WEEK CONSECUTIVE PERIOD DURING WHICH THE CITY COMMISSION WILL NOT SCHEDULE REGULAR MEETINGS: (TR10676) Authorizing a four -week consecutive period (July 18, 2005 — August 12, 2005) during which time the city commission will not schedule any regular meetings pursuant to section 4.06 of the City Charter. RESOLUTION NO. R2005-58 e. CONFIRMING THE APPOINTMENT OF RON HOLT AS A TRUSTEE OF THE POLICE PENSION BOARD: (TR10677) Confirming the appointment of Ron Holt as a Trustee of the Police Pension Board to serve a two-year term ending April 25, 2007. RESOLUTION NO. R2005-59 f. AGREEMENT RENEWAL — INVESTMENT ADVISORY SERVICES: (TR10671) Exercising the second renewal option to the existing agreement between the City of Tamarac and Kirkpatrick Pettis Capital Management, Inc., a subsidiary of the Davidson Companies, for investment advisory services for a one-year period effective April 14, 2005, through April 13, 2006. RESOLUTION NO. R2005-60 g. TASK AUTHORIZATION FOR PROFESSIONAL SERVICES — DESIGN PERMITTING AND BIDDING FOR MCNAB WATER MAIN IMPROVEMENTS FROM BROOKWOOD BOULEVARD TO UNIVERSITY DRIVE PROJECT: (TR10681) Executing Task Authorization No. 05-04E with Mathews Consulting, Inc., to provide professional services for the design, permitting, and bidding for the McNab Water Main Improvements from Brookwood Boulevard to University Drive, in accordance with the City's Consulting Engineering Agreement as authorized by Resolution #R-2001-185, for an amount not to exceed $49,555.00; approving funding from the appropriate budgeted Utilities Operational and CIAC accounts; authorizing the appropriate City Officials to administer the contract. RESOLUTION NO. R2005-61 April 13, 2005 Page 3 of 9 h. BILL OF SALE ABSOLUTE — TAMARAC BUSINESS PARK PROJECT: (TR10668) Accepting a Bill of Sale Absolute from Industrial Development Co. of America, L.L.L.P., for the Water Distribution and Sewage Collection System Improvements installed for the Tamarac Business Park Project, located at 6200 Hiatus Road, for City ownership; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2005-62 i. TAMARAC WATER AND SEWER UTILITY EASEMENT — TAMARAC BUSINESS PARK PROJECT: (TR10661) Executing a "Tamarac Water and Sewer Utility Easement" with Industrial Development Co. of America, L.L.L.P., for the Tamarac Business Park Project, located at 6200 Hiatus Road, to allow legal access by City Utility Personnel for installing, maintaining, and operating the Water Distribution and Sewage Collection System Improvements; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2005-63 j. AMENDMENT TO AGREEMENT _-OFFICE DEPOT INC.: (TR10679) Executing Amendment No. 2 to the agreement with Office Depot, Inc., raising the gross profit floor for specialty item purchases from 15% to 20% and decreasing the cost of high -volume contract core items, resulting in an overall annual decrease in office supply costs for the City and participating agencies of the Southeast Florida Governmental Purchasing Cooperative. RESOLUTION NO. R2005-64 k. UPGRADE AND INSTALLATION OF STREET LIGHTS ALONG COMMERCIAL BOULEVARD FROM NW 31ST AVENUE TO PROSPECT ROAD: (TR10670) Authorizing the upgrade of nineteen (19) street lights and the installation of an additional seventeen (17) street lights along Commercial Boulevard from NW 315t Avenue to Prospect Road by the Florida Department of Transportation; authorizing the appropriate City officials to enter into a Roadway Lighting System Maintenance Agreement with the Florida Department of Transportation to maintain said street lights. RESOLUTION NO. R2005-65 I. AMENDMENT TO "AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS" — PARCEL "R" OF "WOODLAND LAKES" PLAT: (TR10675) Accepting an amendment to the "Amendment to Declaration of Covenants and Restrictions" for Parcel "R" of the "Woodland Lakes" Plat pursuant to the provisions of said agreement in order to amend the legal description to eliminate that portion of Parcel "R" owned by Prestige Homes of South Florida, Inc., to accommodate the future development of the property generally located on the south side of McNab Road approximately 415 feet east of NW 88th Avenue (Pine Island Road), specifically a portion of Parcel "R" of the "Woodland Lakes" Plat, according to the Plat thereof as recorded in Plat Book 71, Page 18 of the Public Records of Broward County, Florida (Case No. 3-MI-05). RESOLUTION NO. R2005-66 M. BID AWARD AND AGREEMENT — BUS SHELTER CONSTRUCTION INSTALLATION AND MAINTENANCE: (TR10680) Awarding RFP 05-01 R, "Bus Shelter Construction, Installation and Maintenance", and executing an agreement with Culver Out of Home Media, LLC, for a ten (10) year term beginning May 1, 2005 through April 30, 2015. RESOLUTION NO. R2005-67 April 13, 2005 Page 4 of 9 n. AGREEMENT — FY05 INFLOW AND INFILTRATION (I & 1) SEWER LINE REHABILITATION PROJECT: (TR10683) Executing an agreement for the FY05 Inflow and Infiltration project for Sanitary Sewer Rehabilitation with Insituform Technologies, Inc., utilizing Manatee County Contract RFP 04-3794FL, valid through September 30, 2005, for an amount not to exceed $500,000.00; authorizing the appropriate City officials to administer the contract. TABLED TO THE APRIL 27, 2005 REGULAR CITY COMMISSION MEETING AT OR AFTER 9:00 A.M. o. REJECTING BIDS -- TV VIDEO TRUCK AND EQUIPMENT UPGRADE: (TR10690) Rejecting all bids for Bid No. 05-05B for the purchase of a new TV video truck & upgrade of existing equipment and authorizing the re -bid of requirements with revised specifications. RESOLUTION NO. R2005-68 END OF CONSENT AGENDA REGULAR AGENDA Commissioner Partner seconded by Vice Mayor Flansbaum-Talabisco moved the addition of the following as Item 12 on the regular agenda: DISCUSSION REGARDING ELIMINATION OF IN-HOUSE CITY ATTORNEY'S OFFICE AND DISCUSSION REGARDING SECURING THE SERVICES OF AN OUTSIDE FIRM TO PROVIDE CITY'S ATTORNEY SERVICES. On roll call Commissioner Roberts voted "no", Commissioner Sultanof "yes", Commissioner Portner "yes", Vice Mayor Flansbaum- Talabisco "yes", and Mayor Schreiber "no". Motion carried. PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER 7. 2005 JUSTICE ASSISTANCE GRANT (JAG): (TR10688) Filing an application through the Broward Sheriffs Office accepting 2005 grant funding in the amount of $15,567 from the U.S. Department of Justice through the Justice Assistance Grant (JAG) Program with no match required by the City to enhance crime prevention and law enforcement programs. City Attorney Kraft read Temporary Resolution 10688 by title. Commissioner Roberts seconded by Commissioner Portner moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof votes "yes", Commissioner Portner "yes°, Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Commissioner Roberts "yes". Motion carried. RESOLUTION NO. R2005-69 ORDINANCE — SECOND READING 8. COMMERCIAL ._GARBAGE FRANCHISE AGREEMENT — ACE WASTE SERVICES, LLC.: (T02081) Motion to adopt Ordinance on second reading authorizing the appropriate city officials to execute a Commercial Garbage Franchise Agreement between the City of Tamarac and Ace Waste Services, LLC. City Attorney Kraft read Temporary Ordinance 2081 on second reading by title. Commissioner Portner seconded by Vice Mayor Flansbaum-Talabisco moved approval. Mark Noeth April 13, 2005 Page 5 of 9 and Jim Feeley appeared. Commissioner Portner said he was disappointed representatives of Ace Waste Services were not present at the first reading of the ordinance, and added he did not feel it was right for the company to do business in Tamarac without the proper permit. Commissioner Partner welcomed Messrs. Noeth and Feeley to Tamarac. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Mayor Schreiber voted "yes", Commissioner Roberts "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", and Vice Mayor Flansbaum-Talabisco "yes". Motion carried. APPROVED ON FIRST READING -- MARCH 23, 2005 APPROVED ON SECOND READING — APRIL 13, 2005 ORDINANCE NO.0-2005-08 QUASI-JUDICIAL HEARINGS 9. AMENDING PRIOR ZONING — PORTION OF PARCEL "R" OF THE "WOODLAND LAKES PLAT, A/K/A CYPRESS WALK: (T02082) Motion to adopt Ordinance on second reading amending prior zoning of certain real estate property Woodland Lakes (aka: Cypress Walk) from B-2 (Planned Community Business District) to R-3 (Low -Density Multi -Family Residential District), lands commonly known as a portion of Parcel "R" of the "Woodland Lakes" Plat, according to the Plat thereof as recorded in Plat Book 71, Page 18 of the Public Records of Broward County, Florida, located on the south side of McNab Road, approximately 415 feet east of NW 88t" Avenue (Pine Island Road) (Case No. 7-Z-05); providing for amendment of the official zoning map to reflect such change. City Attorney Kraft said Item 9, Temporary Ordinance 2082, Item 10, Temporary Resolution 10673 and Item 11, Temporary Resolution 10672 are companion items and could be heard together with separate motions on each item. City Attorney Kraft read Temporary Ordinance 2082 on second reading by title. Commissioner Portner seconded by Vice Mayor Flansbaum-Talabisco moved approval of Temporary Ordinance 2082. City Attorney Kraft read Temporary Resolution 10673 by title. Commissioner Portner seconded by Commissioner Sultanof moved approval of Temporary Resolution 10673. City Attorney Kraft read Temporary Resolution 10672 by title. Commissioner Partner seconded by Commissioner Sultanof moved approval of Temporary Resolution 10672. City Attorney Kraft explained the quasi-judicial procedures and Attorney Gerald Knight waived his quasi-judicial rights on behalf of the applicant for Items 9, 10 and 11. Community Development Director King gave a presentation. Mayor Schreiber questioned the provision of a buffer for the community from the main street and Community Development Director King explained there would be no fence or wall along McNab Road, however, there would be a living wall (heavy vegetation) to screen residents from activity on McNab Road. Mayor Schreiber referred to the project on Southgate and Nob Hill, which was built by the same developer, and said the buffer vegetation was not growing well. Community Development Director King replied he had been in touch with the developer on this subject. Commissioner Roberts thanked the developer for the fence around the pool and asked if there were plans for a playground. Mr. Knight said there were no plans for a playground. Vice Mayor Flansbaum-Talabisco said the color scheme for the project is a refreshing change from other developments in the community and she is also pleased with the landscaping. April 13, 2005 Page 6 of 9 1 1 Commissioner Sultanof questioned the road going to Pine Island Road behind Walgreens, and Community Development Director King explained that road would be solely for the use of Walgreens' patrons. Mayor Schreiber opened the public hearing. Burt Schneider, 8016 NW 72 Street, Tamarac asked what the tax yield would be from the development as well as the yield from undeveloped land. Mr. Schneider also questioned the cost of services to this area after development. Commissioner Sultanof said Tamarac is almost built out and Mayor Schreiber said a ballpark figure for tax revenue would be about $40,000 - $50,000. Commissioner Portner asked Mr. Knight if he had a more specific figure, and Mr. Knight said while the City would realize between $40,000 - $50,000 per year from this development; vacant land could not produce that amount of tax revenue. Commissioner Roberts asked Chief Budzinski and BSO Chief Dugger if they had any figures for costs for additional services after the development was completed. Chief Budzinski said it would be minimal. Mayor Schreiber added about 50 more people would be patronizing Tamarac stores and putting money into the economy. With no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call for Item 9, Temporary Ordinance 2082, Vice Mayor Flansbaum- Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and Commissioner Roberts "no". Motion carried. APPROVED ON FIRST READING — MARCH 23, 2005 APPROVED ON SECOND READING — APRIL 13, 2005 ORDINANCE NO. 0-2005-09 10. SPECIAL EXCEPTION — CYPRESS WALK: (TR10673) Motion to approve Resolution granting a Special Exception to allow the construction of more than one (1) principal building on the subject property within an R-3 (Low -Density Multi -Family Residential District) zoning category to Cypress Walk, located on the south side of McNab Road, approximately 415 feet east of NW 88th Avenue (Pine Island Road), specifically a portion of Parcel "R" of the "Woodland Lakes" Plat, according to the Plat thereof as recorded in Plat Book 71, Page 18 of the Public Records of Broward County, Florida (Case No. 10-Z-05); providing for conditions of approval. On roll call for Item 10, Temporary Resolution 10673, Commissioner Portner voted "yes", Commissioner Roberts "no", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried. RESOLUTION NO. R2005-70 11. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN — CYPRESS WALK: (TR10672) Motion to approve Resolution issuing Revised Development Order No. 008.2 and granting New Development Site Plan approval to Cypress Walk to allow the construction of a thirty-six (36) unit, two-story townhouse development consisting of twenty-four (24) two (2)-bedroom and twelve (12) three (3)- bedroom units with a cabana and pool area and associated parking, landscaping and infrastructure improvements, located at the south side of McNab Road, approximately 415 feet east of the NW 88th Avenue and McNab Road intersection, specifically a portion of Parcel "R" of the "Woodland Lakes" Plat, according to the Plat thereof as recorded in Plat Book 71, Page 18 of the Public Records of Broward County, Florida (Case No. 7-SP-05); providing for conditions of approval. April 13, 2005 Page 7 of 9 On roll call for Item 11, Temporary Resolution 10672, Commissioner Sultanof voted "yes", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "no", and Commissioner Portner "yes". Motion carried. RESOLUTION NO. R2005-71 END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS 12. DISCUSSION REGARDING ELIMINATION OF IN-HOUSE CITY ATTORNEY'S OFFICE AND DISCUSSION REGARDING SECURING THE SERVICES OF AN OUTSIDE FIRM TO PROVIDE CITY'S ATTORNEY SERVICES. Commissioner Portner seconded by Vice Mayor Flansbaum-Talabisco moved to eliminate the in-house City Attorney's office and discuss securing the services of an outside firm to provide City's Attorney Services to Tamarac. Commissioner Portner said he prepared a position paper outlining the cost to the City for the in-house City Attorney's office; Tamarac's recent budget is $700,000 for the City Attorney's office, whereas it would cost the City less for outside counsel. Coconut Creek pays $554,790 for outside counsel, North Lauderdale $250,175, and Miramar $630,000. Mayor Schreiber said all commissioners present tonight voted on the 2005 budget and the figures were there for everyone to see; this matter should have been brought before the Mayor and City Commission at a workshop meeting for discussion, and Mayor Schreiber questioned the urgency of making an immediate decision tonight, as the City Attorney has served Tamarac for 13 years and it should not end like this. Mayor Schreiber said if the commissioners are concerned about the cost, perhaps a reduction can be negotiated, but eliminating positions is not the way to go. If there is a problem with the City Attorney's work, it should be addressed. Commissioner Roberts agreed with Mayor Schreiber and said any concerns with the budgetary figures for the City Attorney's office should have been addressed at a workshop. Vice Mayor Flansbaum-Talabisco said this has been a difficult decision and there are varying schools of thought. Vice Mayor Flansbaum-Talabisco said she read Commissioner Portner's position paper, and also did her own research; she takes things very seriously and realizes the magnitude of the decision, but also realizes her obligation as Vice Mayor to all the residents of Tamarac to make decisions no matter how difficult or when they are put in front of her. Vice Mayor Flansbaum-Talabisco said she believes the City can save money by retaining outside counsel and she is prepared to explore that option. Vice Mayor Flansbaum- Talabisco thanked City Attorney Kraft for his years of service to Tamarac and for the two years she has worked with him and also thanked Assistant City Attorney Steinerts for her service to the City of Tamarac. On roll call Commissioner Portner voted "yes", Vice Mayor Flansbaum-Talabisco "yes", Commissioner Roberts "no", Commissioner Sultanof "yes", and Mayor Schreiber "no". Motion carried. Vice Mayor Flansbaum-Talabisco asked City Manager Miller if he would put together a list of attorneys for the Mayor and City Commission to review and schedule a special meeting. City Manager Miller said he has a partial list of attorney services and recommended calling a special meeting for early next week. Commissioner Portner said the City of Tamarac does have a heart; there are severance packages for City Attorney Kraft and Assistant City Attorney Steinerts. April 13, 2005 Page 8of9 There being no further business to come before the Mayor and City Commission, Mayor Schreiber adjourned the meeting at 8:00 p.m. 1 MARION SWENSON, CIVIC CITY CLERK 1 1 April 13, 2005 Page 9of9 OE SCHREIBER, MA OR