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HomeMy WebLinkAbout2007-11-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY, NOVEMBER 14, 2007 CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order at 7:00 p.m. on Wednesday, November 14, 2007 in Chambers at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL. PRESENT: Mayor Beth Flansbaum-Talabisco, Commissioner Patte Atkins -Grad, and Commissioner Harry Dressler. ABSENT: Vice Mayor Marc L. Sultanof and Commissioner Edward C. Portner. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Mayor Flansbaum-Talabisco led the pledge of allegiance and asked for a moment of silence in memory of Deputy Paul Rein. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Mayor Flansbaum-Talabisco of a proclamation commending Tamarac Fire Rescue on its receipt of the 2006 Life Safety Award. (Requested by Fire Chief Jim Budzinski) Deputy Fire Chief Schuldt accepted and thanked the Mayor and City Commission, City Manager and city staff for their support. Deputy Chief Schuldt said this is the sixth consecutive year Tamarac Fire Rescue has received this award. Mayor Flansbaum-Talabisco reported that discussion was held at yesterday's workshop meeting regarding the upgrading of fire stations 78 and 41 as part of the CIP. REPORTS 2. City Commission: Mayor Flansbaum-Talabisco reported on her attendance at the U.S. Conference of Mayors' Global Climate Protection Summit, where President Clinton, Vice President Gore, and Mayor Bloomberg spoke. It is now incumbent upon local level governments to explain to residents and partners how we want to deliver our initiatives, as it is not happening at the federal level. Seven hundred eighty mayors have signed on to the Mayors' Climate Protection Agreement (including past Mayor Schreiber and Mayor Flansbaum-Talabisco). Mayors all over the country have similar issues with different approaches; all have financial constraints. One outcome of the Climate Summit is the `Climate Protection Strategies and Best Practices Guide', and Tamarac will be included in the book next year. During yesterday's workshop, discussion was held regarding finalizing the CIP; two parks will be forthcoming from the bond issue monies. One park is sub -titled "People and Pups Park" and the other is the Skateboard Park. Mayor Flansbaum-Talabisco asked that a contest be held to name both parks, with the Parks and Recreation Board, residents and local schools involved. Mayor Flansbaum-Talabisco wished everyone a Happy Thanksgiving and spoke of the upcoming Holiday Lighting event. November 14, 2007 Page 1 of 7 Commissioner Atkins -Grad said she attended the Florida League of Cities conference, where City Manager Miller and City Attorney Goren were nominated for awards. The Veterans Day Parade was wonderful. Commissioner Atkins -Grad wished everyone a Happy Holiday. Commissioner Dressler reported on legislative counsel meetings held by the Florida League of Cities in Orlando, and said he serves on the Fiscal Stewardship Counsel. Commissioner Dressler spoke of issues regarding the erosion of revenue power of local government and unfunded mandates, which the Florida League of Cities will address. Commissioner Dressler congratulated City Manager Miller and City Attorney Goren on their nominations for City Manager and City Attorney of the year. Commissioner Dressler said he is on the Broward Sheriffs Office District 7 Community Council, and reported that Tamarac has a low crime rate. BSO is doing a great job in Tamarac, but a large percentage of crime is focused on burglaries of automobiles, and 2/3 of these crimes could be avoided if people would lock their cars. Mayor Flansbaum-Talabisco said with regard to unfunded mandates, the U.S. Conference of Mayors' 2007 10-point plan speaks to Unfunded Mandates/Preemptions to strengthen local partnerships and restrict unfunded mandates. Commissioner Dressler commended Mayor Flansbaum-Talabisco on her extensive involvement with the National Council of Mayors. Commissioner Atkins -Grad added people should not leave purses in their cars, because this encourages smash and grab crimes. 3. Ci Attorney: City Attorney Goren reported on the extension of University Drive from Broward County to Palm Beach County and said the DCA filed a Notice of Intent on October 26t" and found the Comprehensive Plan in Palm Beach County not in compliance, as it did not take into account strategies with regard to the extension of University Drive into Palm Beach County. Coral Springs filed a petition yesterday with DOAH to challenge the decision. Senator Ring sponsored the Bill for effective transition of land from Palm Beach County to Broward County with the condition the land use amendment would need to be finalized with the road not continuing into Palm Beach County. City Manager Miller has suggested taking a few weeks to look at data regarding impacts to the City of Tamarac. It is not inappropriate for the Mayor and City Commission to allow the City Manager time to look at data and also authorize us to file a petition to intervene and side with the DCA. Tamarac, Coral Springs, Margate and Coconut Creek have impact issues with University Drive, but there is no immediacy on our part to file a petition; however, we can take appropriate steps for the City Manager to begin his review. Commissioner Dressler spoke of Strategic Planning sessions wherein it was decided Tamarac wished to be more involved in regional issues and this is a perfect opportunity for us to step up to that level and take a position as an intervener. Motion by Commissioner Dressler seconded by Commissioner Atkins -Grad to authorize the City Manager to conduct a review, and upon completion of the review and opinion of staff, if that review supports our becoming an intervener, then authorize the City of Tamarac to become an intervener. On roll call Commissioner Atkins -Grad voted "yes", Commissioner Dressler "yes", and Mayor Flansbaum- Talabisco "yes". Motion carried. City Attorney Goren said it is gratifying to have received the support of public, clients and friends in his nomination as City Attorney of the Year at the Florida League of Cities this past week. J November 14, 2007 Page 2 of 7 Commissioner Dressler said he has served in a consulting capacity for local government over the past 20 years and he is happy to serve with two top qualified professionals, City Manager Miller and City Attorney Goren. 4. City Manager: City Manager Miller echoed City Attorney Goren's comments and said he appreciates the nomination as it is a great honor to be considered for this award. Financial Services Director Chapman has been selected by the GFOA to sit on the Governmental Budgeting and Policy Standing Committee. The GFOA has awarded Tamarac for the 19tn consecutive year the 2006 CAFR Certificate of Achievement in Financial Reporting. The new CERT Leadership group has been formed and meeting dates will be announced. Anyone interested may contact the Fire or BSO Departments to join. Tamarac in conjunction with University Hospital gave out 180 free flu shots at the Tamarac Community Center. Five Hundred people were in attendance at the Halloween Hoopla. The Veterans' Day Parade received very good reviews. The Turkey Trot will take place Thanksgiving morning, starting at City Hall and wind through Woodmont. Light Up Tamarac will take place on Wednesday, November 28th at 6:00 p.m. at the Tamarac Community Center. PUBLIC PARTICIPATION 5. Bob Starch, 4622 NW 45 Court, spoke about traffic studies. Marian DeBonis, 8551 NW 80 Street, asked if there are any changes in the Woodmont project and questioned whether Don Carters Lanes at Southgate and University has been sold to a developer. City Manager Miller said the Woodmont application has not been resubmitted and he is not aware of any application from the Don Carter Lanes property. It is his understanding that at one point the property was for sale but purchasers were discouraged because they would have had to buy all three Don Carter locations. If Ms. DeBonis leaves her name and number with Community Development Director Bramley, she will notify Ms. DeBonis if the City hears anything. Frank Steiger, 6903 NW 70 Street spoke about a citation he received for his sprinklers working on the wrong day, and added residents in his neighborhood have no control over the sprinklers as they are controlled by the Association. Mayor Flansbaum-Talabisco suggested Mr. Steiger contact Community Development Director Bramley. CONSENT AGENDA 5. Commissioner Dressler seconded by Commissioner Atkins -Grad moved the addition of Temporary Resolution 11322 to the consent agenda as Item 6(g). Temporary Resolution 11322, Authorizing the appropriate City officials to execute a second addendum to the Agreement for Exchange of Real Properties between the City of Tamarac and Tamarac Jewish Center, Inc., a copy of the second addendum to the Agreement for Exchange of Real Property is attached as Exhibit "A"; providing that the second addendum shall allow a six (6) month extension of the inspection period; providing in the event the Tamarac Jewish Center, Inc. does not execute and deliver to the City of Tamarac the second addendum to the agreement by Friday November 16, 2007 at noon, then in that event the appropriate City officials are authorized and directed to terminate the Agreement for Exchange of Real Properties. City Attorney Goren read Temporary Resolution 11322 by title, and gave a presentation. On roll November 14, 2007 Page 3 of 7 call Commissioner Dressier voted "yes", Commissioner Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. Commissioner Dressler seconded by Commissioner Atkins -Grad moved approval of all items on the consent agenda. On roll call Commissioner Atkins -Grad voted "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. a. APPROVE minutes of the October 15, 2007 Special City Commission meeting. APPROVED b. APPROVE minutes of the October 16, 2007 Special City Commission meeting. APPROVED C. APPROVE minutes of the October 24, 2007 Regular City Commission meeting. APPROVED d. PURCHASE OF PUMPS AND APPURTENANCES FROM ABS PUMPS INC.: (TR11312) Purchasing pumps and appurtenances from ABS Pumps, Inc., a sole source supplier, for the maintenance and replacement of forty-nine (49) of the City's eighty-two (82) wastewater pump stations; authorizing an expenditure for said purpose in an amount not to exceed $65,000 for Fiscal Year 2008. RESOLUTION NO. R2007-179 e. PURCHASE OF PUMPS AND APPURTENANCES FROM SANDERS COMPANY, INC.: (TR11316) Purchasing pumps and appurtenances from Sanders Company, Inc., a sole source distributor of Smith & Loveless, Inc., for the maintenance and replacement of wastewater pump stations; authorizing expenditures for said purposes from Sanders Company, Inc., for an amount not to exceed $45,000 for Fiscal Year 2008. RESOLUTION NO. R2007-180 f. GRANT AND PROJECT AGREEMENT — SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER SAVINGS INCENTIVE PROGRAM: (TR11310) Accepting a grant in the amount of $42,000 from the South Florida Water Management District Water Savings Incentive Program; authorizing the appropriate City officials to execute a Project Agreement between the South Florida Water Management District and the City of Tamarac for grant funding in the amount of $42,000 with an in -cash and in -kind services match of $50,100 for a total project cost of $92,100, to provide for water saving devices for residents and businesses of Tamarac. RESOLUTION NO. R2007-181 g. SECOND ADDENDUM TO THE AGREEMENT FOR EXCHANGE OF REAL PROPERTIES BETWEEN CITY OF TAMARAC AND TAMARAC JEWISH CENTER: (TR11322) Authorizing the appropriate City officials to execute a second addendum to the Agreement for Exchange of Real Properties between the City of Tamarac and Tamarac Jewish Center, Inc., a copy of the second addendum to the Agreement for Exchange of Real Property is attached as Exhibit "A"; providing that the second addendum shall allow a six (6) month extension of the inspection period; providing in the event the Tamarac Jewish Center, Inc. does not execute and deliver to the City of Tamarac the second addendum to the agreement by Friday November 16, 2007 at noon, then in that event the appropriate City officials are authorized and directed to terminate the Agreement for Exchange of Real Properties. RESOLUTION NO. R2007-182 1 November 14, 2007 Page 4 of 7 1 REGULAR AGENDA ORDINANCES — FIRST READINGS 7. AMENDING CHAPTER 6 OF THE CITY OF TAMARAC CODE OF ORDINANCES — "FINANCE AND TAXATION": (T02152) Motion to adopt Ordinance on first reading amending Chapter 6 of the City of Tamarac Code of Ordinances, entitled "Finance and Taxation", by specifically amending Article V, entitled "Purchasing Procedures", Section 6-153, entitled "Surplus Stock"; providing greater flexibility for the disposal of surplus stock by authorizing alternative methods of advertising sales of surplus City inventory; authorizing the City Manager to dispose of surplus City inventory with a salvage value of less than $1,000.00; providing for codification. City Attorney Goren read Temporary Ordinance 2152 on first reading by title. Commissioner Dressler seconded by Commissioner Atkins -Grad moved approval. Mayor Flansbaum-Talabisco said the only items left off the list are the surplus computers which are offered to the schools in the city as a donation. Commissioner Dressler. added without this ordinance staff is required to go through elaborate bureaucratic procedures, and this gives the city the ability to put items on the internet, which is more efficient and less costly. Additionally, this enhances recycling. Commissioner Atkins -Grad explained by not having to advertise in the local newspapers, more buyers are reached via internet and 30% additional funding comes back to the city. On roll call Commissioner Dressier voted "yes", Commissioner Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING NOVEMBER 14, 2007 PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER ORDINANCES — SECOND READINGS There were no Non -Quasi -Judicial Ordinances scheduled for second reading. QUASI-JUDICIAL HEARINGS 8. AMENDING PRIOR ZONING — HAMPTON INN & SUITES: (T02146) Motion to adopt Ordinance on second reading amending prior zoning of certain real estate property otherwise known as Hampton Inn & Suites from LI-1 (Light Industry) to B-3 (General Business District), located in the Tamarac Commerce Park on the north side of Commercial Boulevard, west of Madison Avenue (Case No. 5-Z-07); providing for Amendment of the Official Zoning Map to reflect such change. City Attorney Goren read Temporary Ordinance 2146 on second reading by title. Commissioner Dressler seconded by Commissioner Atkins -Grad moved approval. City Attorney Goren explained the quasi-judicial procedures and Community Development Director Bramley waived her quasi-judicial rights on behalf of the city. City Attorney Goren said any documents, photographs or other evidence will be made part of the permanent record. Community Development Director Bramley gave a presentation. Mayor Flansbaum-Talabisco opened the public hearing. Marian DeBonis, 8551 NW 80 Street questioned whether construction would begin after the ordinance passes, and Community Development Director Bramley said the site plan had been approved after direct notification to everyone within 400' of the property. Bob Storch, 4622 NW 45 Court asked if a traffic study had been done and Community Development Director Bramley said the surrounding roadways are operating at acceptable levels so no traffic analysis is needed. With no one else wishing to speak Mayor Flansbaum-Talabisco closed the public hearing. Commissioner Dressler questioned the cost November 14, 2007 Page 5 of 7 to rent a suite and Community Development Director Bramley said prices are commensurate with surrounding hotels in the area; she would find out the costs for Commissioner Dressler. On roll call Commissioner Atkins -Grad voted "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING OCTOBER 24, 2007 ADOPTED ON SECOND READING NOVEMBER 14, 2007 ORDINANCE NO. 0-2007-20 9. REVISED DEVELOPMENT ORDER AND MAJOR REVISED SITE PLAN — PARCEL A OF "TAMARAC MULTI -PURPOSE CENTER PLAT": (TR11318) Motion to approve Resolution issuing Revised Development Order No. 256.1 and granting major revised site plan approval to allow for the demolition of the existing Tamarac Recreation Center building and for the construction of a new two (2)-story 15,100 square foot building in addition to parking lot re - layout, associated landscaping, and infrastructure improvements, located on the west side of University Drive between NW 76th Street and NW 77th Street, Parcel A of "Tamarac Multi - Purpose Center Plat", according to the Plat thereof as recorded in Plat Book 145, Page 6, of the Public Records of Broward County, Florida (Case No. 22-SP-07). City Attorney Goren read Temporary Resolution 11318 by title. Commissioner Dressler seconded by Commissioner Atkins -Grad moved approval. City Attorney Goren explained the quasi-judicial procedures and Community Development Director Bramley waived her quasi-judicial rights on behalf of the city. City Attorney Goren said any documents, photographs or other evidence will be made part of the permanent record. Community Development Director Bramley gave a presentation. Commissioner Dressler spoke of impact on traffic patterns and Director of Parks and Recreation Warner said the school has been and will be notified again when we begin demolition and there will be some impact to traffic flow; flyers will be sent home with the students. Mayor Flansbaum-Talabisco said flyers do not always reach the parents and she is concerned about getting information to the parents and suggested contacting the PTA. Commissioner Atkins -Grad suggested putting information into the school's magazine. Mayor Flansbaum-Talabisco asked when groundbreaking would be held and Assistant Public Works Director/City Engineer Doherty said the demolition will begin in January 2008 with construction immediately following. Mayor Flansbaum-Talabisco suggested placing the sign boards in front of the school with traffic information. Director of Parks and Recreation Warner said he would confer with the princi�al as to the best way to get word to the parents. Commissioner Dressler said on December 5t there will be a PTA Board of directors meeting at 6:30 p.m. at Tamarac Elementary School at which time the traffic flow can be discussed. Mayor Flansbaum- Talabisco expressed concern regarding the safety of the children and liability, and asked for assurances all safety precautions would be taken. Assistant Public Works Director/City Engineer Doherty and Director of Parks and Recreation Warner said there will be fenced and gated areas that the children would not be able to enter and the contractor has built similar buildings and is very safety conscious. Mayor Flansbaum-Talabisco asked BSO Chief Duguay and City Manager Miller to make sure when construction is under way that a BSO officer drives by and checks the gates periodically. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. Terry McCaghren, DeRose Design Consultants, Inc. agreed this contractor is very conscious of the safety of the children. Commissioner Dressler confirmed ingress is right in only and the egress is to the south of the entry. Commissioner Atkins -Grad questioned possible problems with cut through traffic from the medical center. Mayor Flansbaum-Talabisco wanted to know at what point we could ask the county to come back and address the traffic study, and added we should contact Stacy November 14, 2007 Page 6 of 7 1 Ritter to assist with this. Community Development Director Bramley said she would make the appropriate inquiries. Commissioner Dressler asked to be included in any meetings. Mayor Flansbaum-Talabisco spoke of the paint colors for the building. Commissioner Atkins -Grad said she likes the colors and the flowering trees and plants. Mayor Flansbaum-Talabisco confirmed that all groups currently using the Recreation Center have been notified, and asked how long the construction would take. Assistant Public Works Director/City Engineer Doherty said it would take about one year. Commissioner Dressler confirmed when the building is completed City Clerk Swenson would coordinate with the Broward County Supervisor of Elections to return precincts J20 and J25 to the building for voting. Mayor Flansbaum- Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Atkins -Grad voted "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. RESOLUTION NO. R2007-183 END OFQUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the regular meeting of the City Commission at 8:35 p.m. Beth Flansbaum-Talabisco, Mayor Marion Swenson, CMC City Clerk November 14, 2007 Page 7 of 7