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HomeMy WebLinkAbout2007-11-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY, NOVEMBER 28, 2007 CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City Commission to order at 9:10 a.m. on Wednesday, November 28, 2007 in Chambers at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Marc L. Sultanof, Commissioner Edward C. Portner, and Commissioner Patte Atkins -Grad, and Commissioner Harry Dressler (via telephone conference call). ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Commissioner Atkins -Grad led the pledge of allegiance. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by Lab Manager Oney of the FAAWA Florida Best in Class Water Conservation Award to the City of Tamarac. (Requested by Utilities Director Ray Gagnon) Lab Manager Oney said Tamarac received this award due to the retrofits in the men's rooms over this past year, and we saved 30% on our water bills, representing almost 1 million gallons of water. Director of Utilities Gagnon thanked the Mayor and City Commission, Lab Manager Oney and Water Conservation Specialist Franqui, and said our efforts have exceeded our expectations. Director of Utilities Gagnon referenced the City's Vision — exceptional customer service and recognized excellence. 11141101.zv&� 2. City Commission: Mayor Flansbaum-Talabisco wished everyone a happy holiday season, and said the Holiday Lighting event will take place this evening at 6:00 p.m. at the Tamarac Community Center. Mayor Flansbaum-Talabisco congratulated the City of Coral Springs on winning the Malcolm Baldridge Award, and said they are the first city in the country to win this award. Additionally, since City Attorney Goren represents the City of Coral Springs he must be very proud, and Mayor Flansbaum-Talabisco asked City Attorney Goren to convey congratulations from the Mayor and City Commission and City Manager Miller. Commissioner Portner said he attended the NLC Conference in New Orleans two weeks ago and he had the opportunity to tour the lower 9th ward. He did not realize, until he took the tour, what 20' of water looked like; television pictures did not do justice to the devastation. The area previously housed 30,000 people and now only 2,500 are there. Commissioner Portner spoke of Biloxi's devastation, and said nothing was left except the homes of the very wealthy, as they were able to get their money for repairs right away. There have been minimal efforts to rehabilitate the lower 9th ward. Commissioner Portner wished everyone a happy holiday season. November 28, 2007 Page 1 of 6 Commissioner Atkins -Grad said the holidays are here and we must all be reminded to give thanks. Working in Tamarac with the wonderful staff and her fellow colleagues keeps a smile on Commissioner Atkins-Grad's face. Commissioner Atkins -Grad reported on the Regional Water Summit she attended, and said there was talk of further water restrictions. Water is becoming very scarce and everyone needs to do their part. Commissioner Atkins -Grad reported on Tamarac Elementary School's special project, finding needy families for Thanksgiving and providing 87 cans of food. This adds a new meaning to Thanksgiving. Vice -Mayor Sultanof wished everyone a happy holiday season and spoke of the many accomplishments in Tamarac. Vice Mayor Sultanof congratulated and commended Assistant City Manager Phillips on her work in obtaining money for Tamarac's projects through various grants, and commended Director of Parks and Recreation Warner for his work on city transportation. Vice Mayor Sultanof said on 11/12, 11/23, 12/24, and 12/31 the city bus will be running; however, there will be no bus running on 11/22, 11/25, and 1/1. Vice Mayor Sultanof discussed the dog park and the fact that the bond money designated for the dog park must be used; and spoke of a woman who works for BSO who said she would gather donations for the dog park. Vice Mayor Sultanof said Tamarac staff is doing a wonderful job and we are the best in Broward County. Commissioner Dressler said the Investment Advisory Committee is doing a great job and Financial Services Director Chapman is managing our assets well. The Trustees for the General, Police and Fire Pension Funds are also managing our assets well. The City assets are being managed conservatively for the benefit of the taxpayers, and our financial risk profile is low, which is good for the city. The Florida League and Broward League of Cities are working toward the State removing unfunded mandates. Commissioner Dressler wished everyone a happy holiday season. 3. City Attorney: City Attorney Goren spoke of fishing standards in the City of Tamarac and said he, the City Manager and Police Chief are analyzing complaints regarding fishing issues in the City and studying a proposed ordinance from the City of Weston to regulate fishing. City Attorney Goren asked that the Mayor and City Commission, at a future workshop meeting, discuss the subject matter. City Attomey Goren spoke of the University Drive extension, and discussed affected party status and intervener status. Vice Mayor Sultanof asked if the State Road 441 Collaborative will be affected by this issue and City Attorney Goren said the collaborative could proceed. Commissioner Portner questioned whether the State could not step in and move the expansion of University Drive forward and City Attorney Goren said they could; the State will oppose the LUA and take an adverse stand toward Palm Beach County if the problem can not be fixed. Mayor Flansbaum-Talabisco questioned the mechanism to get involved and City Attorney Goren said his office would prepare the proper petition to file with the Administrative Judge and request the Judge admit Tamarac as an intervening party. Mayor Flansbaum-Talabisco questioned a conflict since City Attorney Goren represents both Coral Springs and the City of Tamarac, and City Attorney Goren said should we get to that point he would defer to bar rules and be directed by them. Commissioner Dressler, seconded by Commissioner Portner moved to direct City Attorney Goren to draft a petition to present the City of Tamarac as an intervener. On roll call Commissioner Dressler voted "yes", Commissioner Portner "yes", Vice Mayor Sultanof "yes", Commissioner Atkins - Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. City Attorney Goren said he would incorporate whatever cost efficiencies are available representing the two cities. November 28, 2007 Page 2 of 6 Additionally, the memorandum prepared by Community Development Director Bramley through Deputy City Manager Cernech to City Manager Miller speaks to the facts of the case. City Manager Miller said he wants to make the memorandum, dated November 19, 2007, from Community Development Director Bramley through Deputy City Manager Cernech to City Manager Miller part of the official record, as this is the basis upon which the Mayor and City Commission have made their decision (a copy of which is attached hereto and incorporated herein as part of these minutes). 4. City Manager: City Manager Miller said Tamarac Fire Department will be collecting unwrapped toys for the holiday season for needy children in Tamarac. Mayor Flansbaum- Talabisco asked that a bin be placed in the offices for collection. City Manager Miller said the Turkey Trot was very successful, with 1,400 runners. Commissioner Portner, City Attorney Goren, Deputy City Manager Cernech and Controller Nealon, among others, participated. The Holiday Lighting event will take place tonight at 6:00 p.m. at the Tamarac Community Center. The Mayor and City Commission will light the Christmas Tree and Hanukkah Menorah; there will be a choir and a visit from Santa. Commissioner Portner congratulated his eldest daughter, who works at a prestigious hotel in Miami Beach, on being named Employee of the Year in Miami Beach, and congratulated his younger daughter, Stacy Ritter, on being named Vice Mayor for Broward County. PUBLIC PARTICIPATION 5. Bob Storch, 4622 NW 45 Court, spoke about traffic studies with regard to Monterey and Sabal Palm Golf Course properties, and distributed a handout to the Mayor and Commission (a copy of which is attached hereto and incorporated herein as part of these minutes). Former Mayor Joe Schreiber, 10504 Clairmont Circle, questioned Items 6(f), 6(g) and 6(h) on the consent agenda. Mayor Flansbaum-Talabisco said Public Works Director Strain could provide information to Mr. Schreiber with regard to Items 6(f) and (g). Financial Services Director Chapman could address Item 6(h). Vice Mayor Sultanof spoke of monies in the CIP for the dog park, and said costs have escalated due to increases in labor and material costs. Patti Lynn, 6411 NW 58 Street, spoke of the recent police officers killed, spoke against accepting a water and sewer developers agreement for Monterey Golf Course Project until all obligations have been met by the developer; spoke against construction of the dog park, Main Street, and against involvement of the City in the University Drive expansion, all due to financial constraints. CONSENT AGENDA 6. Mayor Flansbaum-Talabisco pulled Item 6(d) for clarification. City Manager Miller said this item will cover concurrency obligations by the developer to provide water/sewer hookups; it is a standard form used with other developers, and the developer will pay close to $1 million to the City for connection fees. If the developer sells to another developer these obligations go with the property along with other obligations. Mayor Flansbaum-Talabisco asked when the project would begin and City Manager Miller said he has not been advised. Vice Mayor Sultanof seconded by Commissioner Atkins -Grad moved approval of all items on the consent agenda. On roll call Commissioner Portner voted "yes", Commissioner Dressler "yes", Vice November 28, 2007 Page 3 of 6 Mayor Sultanof "yes", Commissioner Atkins -Grad "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. a. APPROVE the minutes of the November 14, 2007 Regular City Commission meeting. APPROVED b. PURCHASE OF TWO 2 PAD -MOUNTED FIXED ELECTRICAL GENERATORS FOR EAST MASTER AND 18B WASTEWATER PUMP STATIONS: (TR11319) Purchasing two (2) pad -mounted fixed electrical generators from Millennium Products utilizing the United States General Services Administration Contract #GS-07F-0231 N in an amount not to exceed $52,814.00; authorizing the appropriate budget amendments for said purpose and approving funding from the appropriate budgeted Utilities CIAC and Operational Accounts. RESOLUTION NO. R2007-184 C. FPL EASEMENTS FOR PUBLIC SERVICES COMPLEX ADDITION: (TR11324) Granting Utility Easements to Florida Power and Light Company for the Tamarac Public Services Complex addition located at 10101 State Street, Tamarac, Florida; authorizing the appropriate city officials to execute said easement; authorizing and directing the City Clerk to record said easement in the Public Records of Broward County. RESOLUTION NO. R2007-185 d. WATER AND SEWER DEVELOPER'S AGREEMENT—MONTEREY PROJECT: (TR11314) Executing a Water and Sewer Developer's Agreement with Prestige Homes of Tamarac, Inc., for the Monterey Project, located on the Southeast corner of the Florida Turnpike and Commercial Boulevard, requiring 233 ERC's for water and 233 ERC's for sewer; requiring the payment of $908,700.00 in CIAC fees; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. RESOLUTION NO. R2007-186 e. AMERICAN RED CROSS COOPERATIVE AGREEMENT: (TR11317) Executing a cooperative agreement between the City of Tamarac and the American Red Cross providing for the use of the Tamarac Community Center as a post event shelter in the event of a local disaster. RESOLUTION NO. R2007-187 f. RENEWAL OF CONTRACT AND APPROVAL OF CHANGE ORDER --PRESTIGE PROPERTY MANAGEMENT & MAINTENANCE: (TR11320) Renewing the agreement with Prestige Property Management and Maintenance, Inc. for grounds maintenance and landscaping services for certain public rights -of -way and city parks; extending the agreement until December 8, 2010; authorizing the appropriate city officials to execute Change Order Three (3) to the agreement for provision of said services on certain acquired and/or improved public property; authorizing budget amendments for proper accounting purposes. RESOLUTION NO. R2007-188 g. INTERLOCAL AGREEMENT WITH NORTH LAUDERDALE FOR INSTALLATION OF BOAT RAMP: (TR11323) Executing a boat ramp installation agreement between the City of Tamarac and the City of North Lauderdale. RESOLUTION NO. R2007-189 h. AWARDING BID #07-3213 AND EXECUTING AGREEMENT FOR CITY OF TAMARAC DOG PARK: (TR11325) Awarding Bid #07-32B and executing an agreement with Intrastate Construction Corporation for the construction of the City of Tamarac Dog Park at Southgate Boulevard for an amount not to exceed $649,742.00; approving funding in the amount of $649,742.00 from the appropriate accounts. RESOLUTION NO. R2007-190 November 28, 2007 Page 4 of 6 i. PURSUING AND SUPPORTING THE GREEN LOCAL GOVERNMENT PROGRAM: (TR11326) Pursuing measures to become a "Green Local Government" through improved environmental performance, using criteria and standards developed by the Florida Green Building Coalition, and encouraging the legislature and Governor to support the Green Local Government Program. RESOLUTION NO. R2007-191 REGULAR AGENDA Commissioner Partner seconded by Vice Mayor Sultanof moved the addition of Temporary Ordinance 2154 as Item 9 on the regular agenda. Temporary Ordinance 2154, an Ordinance of the City Commission of the City of Tamarac, Florida; amending Chapter 2 of the City's Code of Ordinances, entitled "Administration", creating Article X, to be entitled "Code of Ethics"; providing for a code of ethics for elected and appointed City officials; providing for intent and purpose; providing for definitions; incorporating Chapter 112, Florida Statutes, as amended from time to time; providing for standards of conduct; providing for penalties and enforcement; providing for codification; providing for conflicts; providing for severability; providing for an effective date. On roll call Commissioner Dressler voted "yes", Vice Mayor Sultanof "yes", Commissioner Atkins -Grad "yes", Commissioner Portner "yes", and Mayor Flansbaum- Talabisco "yes". Motion carried. Mayor Flansbaum-Talabisco moved out of the regular order of business on the agenda to take up Item 9, Temporary Ordinance 2154. City Attorney Goren read Temporary Ordinance 2154, Revision #2 on first reading by title. Commissioner Portner seconded by Commissioner Atkins -Grad moved approval. On roll call Vice Mayor Sultanof voted "yes", Commissioner Atkins -Grad "yes", Commissioner Portner "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING NOVEMBER 28, 2007 PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER 7. CONSOLIDATED ANNUAL _PERFORMANCE EVALUATION REPORT— (CAPER FY2006-2007): (TR11313) Motion to approve Resolution approving the Consolidated Annual Performance Evaluation Report (CAPER FY2006-2007) for the U.S. Department of Housing & Urban Development (HUD)'s Community Development Block Grant (CDBG) Programs for HUD's fiscal year 2006-2007; Case No. 19-MI-07. Vice Mayor Sultanof seconded by Commissioner Atkins -Grad moved approval. City Attorney Goren read Temporary Resolution 11313 by title. Community Development Director Bramley gave a presentation. 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 Portner "yes", Commissioner Dressler "yes", Vice Mayor Sultanof "yes", and Mayor Flansbaum- Talabisco "yes". Motion carried. RESOLUTION NO. R2007-192 ORDINANCES — SECOND READINGS 8. AMENDING CHAPTER 6 OF THE CITY OF TAMARAC CODE OF ORDINANCES — "FINANCE AND TAXATION": (T02152) Motion to adopt Ordinance on second reading November 28, 2007 Page 5 of 6 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. Commissioner Dressler seconded by Vice Mayor Sultanof moved approval. City Attorney Goren read Temporary Ordinance 2152 on second reading by title. Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Vice Mayor Sultanof voted "yes", Commissioner Atkins - Grad "yes", Commissioner Portner "yes", Commissioner Dressler "yes", and Mayor Flansbaum-Talabisco "yes". Motion carried. ADOPTED ON FIRST READING NOVEMBER 14, 2007 ADOPTED ON SECOND READING NOVEMBER 28, 2007 ORDINANCE NO. 0-2007-21 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 10:20 a.m. Marion Swenson, CMC City Clerk :-aTs•. .• • • November 28, 2007 Page 6 of 6 1 1 T CITY OF TAMARAC ?M1 NOV 27 PM 1= 05 r c� Cx�c�cn, L e. INTEROFFICE MEMORANDUM (07-11-002M) RECEIVED COMMUNITY DEVELOPMENT DEPARTMENT d TA��IP.F-t�,i: `�;�.�,�i;, � (.ire 4�:.,,���;��•„�"� ���,�L. Miller, City Manager DATE: November 19, 2007 �,,AN� Y Y g j �.S,ti �.� 9 Z --�-Yr z.21 9 i. L}i•�L•:.ii THRU: Michael CernecDeputy City RE: University Drive Extension (� (� Manager \u FROM: Jennifer K. Bramley, Director of Community Development Recommendation The Director of Community Development recommends that the City Commission support the extension of University Drive as described below. Background Currently, the only north/south arterial roadway in western Broward County that connects to Palm Beach County is U.S. 441/State Road 7. This roadway is currently operating beyond its capacity levels and as such is failing to ensure proper north/south traffic circulation movement. Recognizing the need for additional north/south movement, in January 2005 the Florida Department of Transportation. (FDOT) completed a Project Development & Environmental Study (PD&E) which considered 3 alternative north/south county line crossings extending into Palm Beach County. The options were as follows; Extension of University Drive northward to Loxahatchee Road Extension of University Drive northward to Glades Road Extension of Coral Ridge Drive northward to Yamato Road. The Coral Ridge Drive option was not found to be not viable due to environmental concerns. Within the University Drive corridor, four alternatives are being considered: A) Extend University Drive (four lane divided cross section) to County Line road, B) Extend University Drive (four lane divided cross section) to Loxahatchee Road, C) Extend Universit Drive to Palmetto Park Road (six -lane divided cross section) and to Ponderosa Drive (four lane divided cross section), D) No improvements. The City of Coral Springs and the City of Coconut Creek have endorsed Alternative "C" while the City of Parkland has endorsed the no build alternative. The Lox Road Land Use Plan Amendment in Palm Beach County, which is a 1,900 acre "wedge" proposed to be changed from Rural Residential (one unit per two acres) to Low Residential (two units per acre) plus 237,000 commercial does not show the University Drive link into Palm Beach County. As a result, the University Drive link would be eliminated from the Long Range Transportation Plan if the amendment were to be approved. The City of Coral Springs has objected to the amendment as an affected party. Analysis At this juncture, the City of Coral Springs has requested that cities in northwest Broward County actively support the extension of University Drive as described in Alternative "C". On November 28, 2007 the City Commission directed staff to ascertain the direct impacts on the City of Tamarac should University Drive be extended into Palm Beach County. Staff has spoken to representatives of the MPO, FDOT as well as traffic engineers regarding this issue. Professional staff from these agencies concur that there would be negligible impact in terms of increased traffic on the portions of University Drive in Tamarac should this road be extended into Palm Beach County. Transportation models show that traffic would be significantly dispersed along the University Drive corridor before it reaches Tamarac. Staff is recommending that the City Commission support Alternative "C". Tamarac would be in a very good position should University Drive be extended. The traffic impact would be negligible yet travel choices for residents and business owners in Tamarac would be improved. Notably, business owners and customers of the Commerce Park would be afforded a north/south route from the Sawgrass Expressway in the general vicinity of the Commerce Park. Another significant benefit to Tamarac would be the decrease in the amount of traffic in State Road 7. As previously mentioned, this roadway is currently operating over its capacity levels on links which fall within the City of Tamarac. ;i Extension of University Drive into Palm Beach County would be beneficial to the City of Tamarac by offering its residents, visitors and business owners additional travel opportunities to and from Palm Beach County while the physical impacts in Tamarac would be insignificant. Staff is therefore recommending that the City Commission support extension of the road as described in Alternative "C". Jennifer K. Bramley Director of Community Development JKB/ep Golf Course (430) Average Vehicle Trip Ends vs: Acres ' . (n.,a' .. WPekdayy P.M. Peak Hour of Generator Number of Studies: 3 Average Number of Acres: 220 Directional Distribution: 43% entering, 57% exiting Tripp Generation per Acr `► �__ _��_ �_ Average Rate Range of Hates, Standard [)aviation Data Plot and Equation edition - Um careAdly - so" Ski Sim � A_ ISO , 39 7 5'0 i & PFdr NA,. / ,ao ; `fot-d rze �f jy� i X 13 7 Tzs,?c Ct.c °,ate Nz 70 r,4 ,- ; ,30 120 4. t)h1rJ� AuAc w 110�13 Y - --/ -9 7Ks - 3©z. T4�Pa f c c r �~ � 3i.E ALr4j `3 ,, 7" a 3 `� - .3 5 Tit .Ps C4LIoU, 4 .,L e0 7,o YAI a w 70 S0 i �� tEt f1rC SA 3lk i?A Lo'i , S j" K -1)-7 Y 40 �j D30 10000 200.00 300,00 400.00 500.00 X w Number of Acres AotuM D1ila PaMrt� . _ ... AwrMP MOW FNW Curve Equation. Not given R2 " •••• Trop Generation, 7th Edition 728 Institute of Transportation Engineers iAP- Y Land lase: 430 Golf Course Description courses 18-, 27- and 36-�hol�e municipal t clubs. Some sites have driving ranges and clubhouses with a pro shop The golf courses contained in this land use include n of the municipal courses do not have any and private country ff course (Land Use 431), golf driving range (Land Use 432) an and/or restaurant, lounge and banquet facilities. Many of these facilities. Miniature go multipurpose recreational facility (Land Use 435) are related uses. p Additional Data The sites were surveyed from the late 19WS to the mid •1990s throughout the United States. t of the facilities were located in suburban areas$. a few were in scenic, rNrat areas. Mos Source Numbers 7,11, 12, i 3,18, 98, 102, 214, 378, 407, 440