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
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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
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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
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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
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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
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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
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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
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There being no further business to come before the Mayor and City Commission, Mayor
Schreiber adjourned the meeting at 8:00 p.m.
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MARION SWENSON, CIVIC
CITY CLERK
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April 13, 2005
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OE SCHREIBER, MA OR