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HomeMy WebLinkAbout2005-09-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY SEPTEMBER 28, 2005 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 9:00 a.m. on Wednesday, September 28, 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, Interim Assistant City Attorney D.J. Doody, and Assistant City Clerk Tom Schneider. Vice Mayor Beth Flansbaum-Talabisco led the pledge of allegiance 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a check in the amount of $200,000 by Senator Skip Campbell and Representatives Ron Greenstein and Ari Porth to the City of Tamarac, said check representing grant funds from the Florida Recreation Development Assistance Program (FRDAP) for the Caporella Aquatics Complex. Mayor Schreiber and the Commissioners accepted. Rep. Greenstein said he, along with Sen. Campbell and Rep. Porth have ensured funding of this program for the last 6 years. There are two other FRDAP applications on today's agenda and Tamarac's representatives will make sure they are fully funded. Sen. Campbell said this shows Tamarac is proactive, and Rep. Porth complimented the city and said the pool will be used for all ages; Tamarac is a city with a heart. Mayor Schreiber said he appreciates the efforts of our representatives. b. Presentation by Mayor Schreiber of a proclamation recognizing October 1 St as the commemoration of Broward County's 90th Birthday. Broward County Vice Mayor Ben Graber accepted the proclamation. REPORTS 2. City Commission: Mayor Schreiber said he feels Tamarac is very blessed to have such good state representatives who help us in many areas; Tamarac is doing very well. Mayor Schreiber added the Jewish holiday is coming up next week and wished everyone a healthy and happy holiday. Commissioner Sultanof said our state representatives are notified by our lobbyist and especially thanked Assistant City Manager Phillips for her efforts. Commissioner Sultanof said with the holiday coming he wishes everyone on both sides of the aisle well; when we celebrate ours, we celebrate yours. September 28, 2005 Page 1 of 8 Vice Mayor Flansbaum-Talabisco said all the holidays are celebrated at her house, and she and husband Jack wish everyone a happy new year. Vice Mayor Flansbaum- Talabisco said by 9:10 a.m. today, Tamarac made $200,000 and thanked our state representatives and Assistant City Manager Phillips. Vice Mayor Flansbaum-Talabisco said she serves on the library board and spoke about the question of a satellite library to complement the new library. Vice Mayor Flansbaum-Talabisco said from discussions with the county, state and grant people she believes we can bring a satellite library to Tamarac. Commissioner Portner requested City Manager Miller place an item on a future agenda regarding Rep. Greenstein and a check coming from the Resource Recovery Board. Commissioner Portner wished everyone a happy holiday season. Commissioner Roberts wished everyone happy holidays and, as a point of personal privilege, noted her daughter has finally become a Tamarac taxpayer. 3. City Attorney: Interim Assistant City Attorney Doody said a memorandum had been provided to the Mayor and Commission regarding a decision by the Florida Supreme Court relating to contract negotiations between cities and private business. Cities are now liable for indemnification and are no longer covered under sovereign immunity. Interim Assistant City Attorney Doody said members of the Goren law firm will work closely with the City Manager and staff on future contracts in light of this decision. 4. City Manager: City Manager Miller reported a ribbon cutting ceremony will be held for Tamarac Commons Park on Monday, October 3"d at 10:00 a.m., with light refreshments following the ceremony. The public is invited and shuttles will run from City Hall to the park beginning at 9:30 a.m. Barney and Worth, consultants, were selected to complete a public art master plan for Tamarac by December 2005. The plan will provide a framework, policies and procedures for the implementation of Tamarac's public arts program. Tamarac Fire Rescue will host a FEMA training program for incident managers on September 14, 21 and 28; the class has attracted participants from throughout the area and various city departments will be represented. On September 22"d, approximately 100 people attended the Social Security Administration's seminar on the new Medicare Plan D at the Community Center. There were approximately 250 people attending the Back -to -School event on September 17th and about 250 attendees at the 0and 5th Grade dance on September 23rd; both events were held at the Multi -Purpose Center. The Alzheimer's 101 lecture will take place on October 11th at 11:00 a.m. at the Community Center and the public is invited to a free seminar sponsored by Walgreen's on "Communicating Prescription Needs to your Doctors" at the Community Center on October 20th at 10:00 a.m. The "We Can!" parent curriculum, a new program from the National Institutes of Health, will be held on Wednesdays, October 19th, 26th, and November 2"d. The program addresses the growing obesity epidemic among youth ages 8-13 and reaches parents and caregivers with educational materials and activities including proper nutrition, label reading and fitness tips. The Utilities Department completed the mandated lead and copper testing program for 2005 and was in compliance; because of the excellent results, the testing will not be repeated for 3 years. September 28, 2005 Page 2 of 8 Mayor Schreiber acknowledged the arrival of Broward County Vice Mayor Ben Graber and asked him to say a few words. Broward County Vice Mayor Graber said the county approved its budget last night and he thanked the Mayor and Commission for the proclamation commemorating Broward County's 90th birthday. Broward County Vice Mayor Graber distributed buttons and ribbons to the Mayor and Commissioners and the audience marking the occasion. Broward County Vice Mayor Graber said Tamarac is a great city; there are county monies still available for park related projects and the Mayor and Commission should let him know what needs they may have. 5. PUBLIC PARTICIPATION: Odiel Feyers, 7421 NW 70 Avenue, questioned the progress being made to stop speeders on 70th Avenue. City Manager Miller said the engineering study for 70th Avenue was just completed and we are ready to go out to bid; construction should start by the end of the year. Public Works Director Strain added the project will go out to bid in the next 2 or 3 weeks and explained the time period needed for contractors. CONSENT AGENDA 6. Commissioner Roberts asked to have item 6(n) pulled from the consent agenda for discussion. Commissioner Sultanof seconded by Vice Mayor Flansbaum-Talabisco moved approval of all items on the consent agenda with the exception of item 6(n) which was pulled for discussion. On roll call Commissioner Sultanof voted "yes", Vice Mayor Flansbaum- Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. a. APPROVE the minutes of the September 14, 2005 Special City Commission meeting. APPROVED b. APPROVE the minutes of the September 14, 2005 Regular City Commission meeting. APPROVED C. APPROVE the minutes of the September 21, 2005 Special City Commission meeting. APPROVED d. BSO PERMIT APPLICATION — SPECIAL DETAILS FOR POLICE SERVICES: (TR10772) Executing a Broward Sheriffs Office permit application for special details for police services to be used by the Parks and Recreation Department in an amount not to exceed $70,758 in FY 06; approving funding from the appropriate Parks and Recreation accounts. RESOLUTION NO. R2005-177 1 September 28, 2005 Page 3 of 8 e. TAMARAC WATER AND SEWER UTILITY EASEMENT — SUN -SENTINEL PROJECT: (TR10800) Executing a "Tamarac Water and Sewer Utility Easement" with NB Tamarac Commerce Center, L.L.C., for the Sun -Sentinel Project, located at 6501 Nob Hill 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. R2005-178 f. BILL OF SALE ABSOLUTE — NB TAMARAC COMMERCE CENTER L.L.C.: (TR10802) Accepting a Bill of Sale Absolute from NB Tamarac Commerce Center, L.L.C., for the Water Distribution and Sewage Collection System Improvements installed for the Sun -Sentinel Project, located at 6501 Nob Hill Road, for City ownership; authorizing and directing the City Clerk to record said document in the public records of Broward County. RESOLUTION NO. R2005-179 g. PURCHASING MEDICAL SUPPLIES AND FIREFIGHTING SUPPLIES: (TR10803) Purchasing medical supplies and firefighting supplies from Broward County Sheriffs Office, Fire Rescue Division Logistics Warehouse during FY06, in an amount not to exceed One Hundred Eight Thousand ($108,000.00) Dollars; authorizing the appropriate city officials to execute a liability waiver for the purchases. RESOLUTION NO. R2005-180 h. AMENDMENT TO INTERLOCAL AGREEMENT FOR BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION: (TR10804) Executing the second amendment to the Interlocal Agreement for the creation and continuation of the Broward County Metropolitan Planning Organization (BCMPO). RESOLUTION NO. R2005-181 i. SALE OF ALCOHOLIC BEVERAGES — SAINT MALACHY CATHOLIC CHURCH: (TR10814) Approving the sale of alcoholic beverages for Saint Malachy Catholic Church during the operation of the Saint Malachy Catholic Church Annual Carnival beginning Thursday, October 20, 2005 and ending Sunday, October 23, 2005 (Case No. 14-MI-05); providing for conditions of approval. RESOLUTION NO. R2005-182 j. APPOINTING VOTING DELEGATE AND ALTERNATE VOTING DELEGATE TO THE NATIONAL LEAGUE OF CITIES' ANNUAL BUSINESS MEETING AT THE CONGRESS OF CITIES IN CHARLOTTE. NORTH_CAROLINA: (TR10813) Appointing a Voting Delegate and Alternate Voting Delegate to the National League of Cities' Annual Business Meeting at the Congress of Cities in Charlotte, North Carolina; directing the City Clerk to send a copy of this Resolution to the National League of Cities. RESOLUTION NO. R2005-183 k. RENEWAL OF AGREEMENT BETWEEN CITY OF TAMARAC AND MITCHELL CEASAR — LOBBYING SERVICES: (TR10805) Executing Amendment #4 to the agreement between the City of Tamarac and Mitchell Ceasar, P.A., for lobbying services extending the agreement for an additional one (1) year period at a cost of $34,000 per year. RESOLUTION NO. R2005-184 September 28, 2005 Page 4 of 8 I. GRANT APPLICATION AND AGREEMENT — ADDITIONAL FACILITIES AT TAMARAC SPORTS COMPLEX: (TR10809) Submitting an application to the Florida Department of Environmental Protection for Florida Development Assistance Program (FRDAP) Grant Funds for the expansion of the Tamarac Sports Complex in the amount of $200,000 providing for a cash match of $200,000 in the event of approval of the application; providing for acceptance of the award and execution of documents upon approval. RESOLUTION NO. R2005-185 M. GRANT APPLICATION AND AGREEMENT — FACILITIES AT SOUTHGATE LINEAR PARK: (TR10810) Submitting an application to the Florida Department of Environmental Protection for Florida Development Assistance Program (FRDAP) Grant Funds for the Southgate Linear Park Phase 1 B project in the amount of $200,000 providing for a match of $200,000 in city funds and prior grant funding in the event of approval of the application; providing for acceptance of the award and execution of documents upon approval. RESOLUTION NO. R2005-186 n. SUSPENDING GAS TAX: (TR10806) Requesting a suspension of the State Gasoline Tax; directing city administration to transmit a certified copy of this Resolution to the Governor, Florida Senate President, Speaker of the Florida House of Representatives, the City's State Legislative Representatives, the Broward League of Cities, the Florida League of Cities and any other interested parties. PULLED FROM THE CONSENT AGENDA FOR DISCUSSION 6(n) SUSPENDING GAS TAX: (TR10806) Requesting a suspension of the State Gasoline Tax; directing city administration to transmit a certified copy of this Resolution to the Governor, Florida Senate President, Speaker of the Florida House of Representatives, the City's State Legislative Representatives, the Broward League of Cities, the Florida League of Cities and any other interested parties. Commissioner Roberts said she supports the 60 day suspension period but would like to amend the 34 cents per gallon suspension to 30 cents per gallon. Commissioner Roberts said if the total tax amount is suspended the county bus system could be put in jeopardy and funding to cities could be cut. Commissioner Sultanof said according to the newspaper, the county seems to have gotten a boost and should be able to disperse monies to cities. Commissioner Portner said he brought this item forward when gas prices were rising and he still supports a full rebate. Gas prices have decreased recently but are still very expensive; the people in Tamarac could use a break and a message should be sent to the Governor. Interim Assistant City Attorney Doody read Temporary Resolution 10806, Revision 1, by title. Commissioner Sultanof seconded by Vice Mayor Flansbaum-Talabisco moved approval. On roll call Commissioner Portner voted "yes", Commissioner Roberts "no", Mayor Schreiber "yes", Vice Mayor Flansbaum-Talabisco "yes", and Commissioner Sultanof "yes". Motion carried. RESOLUTION NO. R2005-187 END OF CONSENT AGENDA September 28, 2005 Page 5 of 8 REGULAR AGENDA ORDINANCES — FIRST READINGS 7. THERE WERE NO ORDINANCES SCHEDULED FOR FIRST READING. PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER 8. AMENDING LOCAL HOUSING ASSISTANCE PLAN FOR THE YEARS 2001- 2004E (TR10798) Motion to approve Resolution approving the amendment of the Local Housing Assistance Plan (LHAP) for the program years 2001-2002, 2002-2003 and 2003-2004 to be submitted as a required component of the State Housing Initiatives Partnership (SHIP) Act Grant Program; providing for certification of consistency with the City's Comprehensive Plan (Case No. 12-MI-05); providing for expenditures for administration of the program. Interim Assistant City Attorney Doody read Temporary Resolution 10798 by title. Commissioner Roberts seconded by Commissioner Sultanof moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", Vice Mayor Flansbaum- Talabisco "yes", and Mayor Schreiber "yes". Motion carried. RESOLUTION NO. R2005-188 9. AMENDING LOCAL HOUSING ASSISTANCE PLAN FOR THE YEARS 2004- 2007: (TR10799) Motion to approve Resolution approving the amendment of the Local Housing Assistance Plan (LHAP) and Delivery Goals Chart for the program years 2004- 2005, 2005-2006 and 2006-2007 to be submitted as a required component of the State Housing Initiatives Partnership (SHIP) Act Grant Program; providing for certification of consistency with the City's Comprehensive Plan; Case No. 13-MI-05; providing for expenditures for administration of the program. Interim Assistant City Attorney Doody read Temporary Resolution 10799 by title. Commissioner Roberts seconded by Vice Mayor Flansbaum-Talabisco moved approval. 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. RESOLUTION NO. R2005-189 ORDINANCE — SECOND READING 10. AMENDING CHAPTER 20 OF THE TAMARAC CODE — "STREETS AND SIDEWALKS": (TO2096) Motion to adopt Ordinance on second reading amending Chapter 20 of the City Code of Ordinances, entitled "Streets and Sidewalks," to provide that the responsibility for repairing sidewalks in public rights -of -way shall be shifted from the abutting property owner to the City, except where the repair is required due to the fault of the owner; specifically amending Sections 20-81, 20-83, 20-85, 20-89, and 20- 90 of the City Code of Ordinances to effectuate this change; further deleting Sections 20-86 and 20-87 of the City Code of Ordinances in their entirety; abating the implementation of the provisions of this Ordinance to provide an opportunity to mitigate damage by abutting property owners and repair of sidewalks by the City; refunding September 28, 2005 Page 6 of 8 repair costs to certain property owners; abating certain liens imposed upon property for fines issued to property owners for their failure to maintain sidewalks abutting their property; providing for codification. Interim Assistant City Attorney Doody read Temporary Ordinance 2096 on second reading by title. Commissioner Roberts seconded by Vice Mayor Flansbaum-Talabisco moved approval. Commissioner Portner questioned the grace period and City Manager Miller said it is 120 days. Commissioner Roberts said the backup indicates during the Commission workshop, staff was directed to make revisions regarding issuance of refunds and one-time repair, and she asked where these changes are in the Ordinance. City Manager Miller said the issue was how far back to go and the feelings of the attorneys and staff was that staff would handle it administratively. The city will refund the cost of repairs made back to January 1, 2005 if the property owner has a bona fide building permit. Public Works Director Strain explained the city will fix all existing sidewalks in need of repair one time; if damage is caused by a tree root, the property owner will need to mitigate the problem. Commissioner Sultanof confirmed homeowners are also given relief by the removal of liens and violation notices, and will be responsible for damage to driveway crossings caused by vans and SUVs. Public Works Director Strain said damaged sidewalks will be assessed on a case by case basis. Vice Mayor Flansbaum-Talabisco noted Commission discussion specifically focused on roots and remembers saying she didn't like the term "one-time repair". Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Vice Mayor Flansbaum- Talabisco voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes" and Commissioner Roberts "yes". Motion carried. APPROVED ON FIRST READING SEPTEMBER 14, 2005 ORDINANCE NO.0-2005-21 (QUASI-JUDICIAL HEARINGS 11. AMENDING PRIOR ZONING -- PARCEL "R" OF THE "KINGS POINT REPLAT", A/K/A KINGS_ POINT ROCKFORD PARCEL: (T02094) Motion to adopt Ordinance on second reading amending prior zoning of certain real estate property Rockford Parcel (a/k/a: Kings Point Rockford Parcel) from R-3 (Low -Density Multi - Family Residential District) to S-1 (Recreational District), lands commonly known as Parcel "R" of the "Kings Point Replat", according to the Plat thereof as recorded in Plat Book 156, Page 13 of the Public Records of Broward County, Florida, located northeast of the Tamarac Sports Complex at the northeast intersection of Nob Hill Road and NW 77t" Street (Case No. 17-Z-05); providing for amendment of the official zoning map to reflect such change. Interim Assistant City Attorney Doody read Temporary Ordinance 2094 on second reading by title. Commissioner Portner seconded by Vice Mayor Flansbaum-Talabisco moved approval. Community Development Director King gave a presentation. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Portner voted "yes", Commissioner Roberts "yes", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", and Commissioner Sultanof "yes". Motion carried. APPROVED ON FIRST READING SEPTEMBER 14, 2005 ORDINANCE NO.0-2005-22 September 28, 2005 Page 7 of 8 12. REZONING — APPROXIMATE 127.32 ACRE NW 57T" STREET CORRIDOR: (TO2097) Motion to adopt ordinance on first reading approving the rezoning application initiated by the City of Tamarac providing for rezoning from B-1 (Neighborhood Business District), B-2 (Planned Community Business District), B-3 (General Business District), B-6 (Business District) and 1-1 (Institutional District) to MXD (Mixed Use District) pertaining to the approximate 127.32 acre NW 57th Street Corridor, more particularly described by Exhibit "A" and generally located west of North University Drive, east of NW 94t" Avenue, north of Commercial Boulevard (Case No. 19-Z-05); providing for amendment of the official zoning map to reflect such change. Interim Assistant City Attorney Doody read Temporary Ordinance 2097 on first reading by title. Commissioner Portner seconded by Commissioner Sultanof moved approval. Community Development Director King gave a presentation. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Vice Mayor Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Commissioner Roberts "yes", and Commissioner Portner "yes". Motion carried. APPROVED ON FIRST READING SEPTEMBER 28, 2005 END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS T There being no further business to come before the Mayor and City Commission, Mayor Schreiber adjourned the regular meeting of the city commission at 9:50 a.m. TOM SCHNEIDER ASSISTANT CITY CLERK ;;1 E SCHREIBER, MAYOR September 28, 2005 Page 8 of 8 1