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HomeMy WebLinkAbout2007-09-14 - City Commission Special Meeting MinutesCITY OF TAMARAC SPECIAL CITY COMMISSION MEETING CITY HALL CHAMBERS FRIDAY SEPTEMBER 14, 2007 CALL TO ORDER: Mayor Flansbaum-Talabisco called the Special Meeting of the City Commission to order on Friday, September 14, 2007 at 9:00 a.m., in Commission Chambers at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, Florida. PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Marc L. Sultanof, Commissioner Edward C. Portner, Commissioner Patte Atkins -Grad, and Commissioner Harry Dressler. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and City Clerk Marion Swenson. Commissioner Atkins -Grad led the pledge of allegiance. City Attorney Goren reviewed the procedures for the meeting. MAIN STREET PHASE I ASSESSMENT: (TR11270) Motion to approve Resolution relating to the construction of certain capital improvements; creating the Main Street (Phase 1) Assessment Area; imposing special assessments and establishing the maximum annual amount for each Tax Parcel; approving the Assessment Roll; confirming the Initial Assessment Resolution; providing for collection of the assessments; providing for conflicts, providing for severability; and providing for an effective date. City Attorney Goren read Temporary Resolution 11270 by title. Vice Mayor Sultanof seconded by Commissioner Atkins -Grad moved approval. City Attorney Goren said the backup, all documents and photographs will become part of the record. Vice Mayor Sultanof seconded by Commissioner Atkins -Grad moved to accept the notebook prepared by the City as part of the record, (incorporated herein by reference and on file in the office of the City Clerk). 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. Deputy City Manager Cernech gave a presentation on the history of the Main Street Project to date. Assistant Director of Utilities Moore gave a general overview of the high visibility project and spoke of water, wastewater, stormwater, streets, and landscaping. Financial Services Director Chapman spoke of the cost of the infrastructure and funding. Stan Mobley, GSG Project Manager discussed methodology of the assessment. Chris Trabor, Nabors, Giblin, Nickerson, Special Counsel for the Project spoke of the legalities involved. Mayor Flansbaum-Talabisco left the room at 10:15 a.m. and returned at 10:17 a.m. Special Commission Meeting September 14, 2007 Page 1 of 3 Commissioner Portner said he objects to the fact that the assessment is not spread amongst the entire city. Mayor Flansbaum-Talabisco called a recess at 10:20 a.m. and reconvened the Special Meeting at 10:30 a.m. with all present as before. Vice Mayor Sultanof questioned exemptions for property owners on Main Street and how much the City will pay. Deputy City Manager Cernech said no one is exempt and the City will pay approximately $200,000 - $300,000 per year. Commissioner Dressler asked how the assessment will affect a property owner's future ability to pay for infrastructure which is usually paid at the time of the development and Deputy City Manager Cernech responded certain impact fees are paid when property is developed. Commissioner Dressler questioned a cost savings to individual property owners and Deputy City Manager Cernech spoke of economies of scale. Mayor Flansbaum- Talabisco confirmed all the improvements funded by the proposed assessment are required and will be done whether or not the assessment passes. Commissioner Atkins -Grad confirmed assessment revenues will not be used by the City to purchase property in the Main Street area or elsewhere in the City. Commissioner Portner said he is concerned that the assessment will deter businesses from coming in to Tamarac, and referenced a letter from Wendy's (attached hereto and incorporated as part of these minutes.) Commissioner Portner spoke of a suggestion he had made to the City Manager to sell City Hall and move it to 57th Street. Commissioner Portner also said he would like Tamarac's Main Street Project to be unique, and he is opposed to the Special Assessment for this District and feels it should be spread over the entire City. Vice Mayor Sultanof said we are trying to create a diverse area, and it is not all about money, but rather about pride in what a developer builds. Commissioner Portner questioned the sale of city owned property to developers and Deputy City Manager Cernech replied the City is not purchasing property with the intent to develop it ourselves but to ultimately sell to developers. Mayor Flansbaum-Talabisco opened the public hearing. Fred Sultan, Plaza Del Sol, Casa Linda Center questioned the benefits to his property. Eddie Rodriguez, Wendy's, Commercial Boulevard, and Brian Kiley, Executive Vice President, First East Side Savings spoke in opposition to the assessment. Steven Helfman, Esq., Weiss, Serota, Helfman, 200 E. Broward Boulevard, Ft. Lauderdale, representing B Commercial, owner Bernie Maribona, said Mr. Maribona has worked in a difficult environment in this real estate market and has not been able to move forward. Mr. Helfman discussed notice requirements, special benefit analysis, and methodology and said he felt it unfair to many property owners to hold this meeting on a high holy day. Vice Mayor Sultanof left the room at 11:27 a.m. and returned at 11:30 a.m. Mr. Helfman addressed City Charter, Code and State Statute, as well as various minutes from City workshop meetings where the Main Street assessment was discussed. Special Commission Meeting September 14, 2007 Page 2 of 3 1 1 1 Commissioner Atkins -Grad left the room at 12:07 p.m. and returned at 12:09 p.m. Mr. Helfman spoke of the injustice of using the methodology the City chose in an area with just 14 parcels and said the City needs to discuss this matter with the property owners to see if an agreement can be made that is fair to all. Mr. Helfman asked the Mayor and City Commission to defer action on this matter today. With no one else wishing to speak, Mayor Flansbaum-Talabisco closed the public hearing. Mr. Trabor responded to Mr. Helfman's concerns regarding notice to property owners and said the City is in compliance with State Statutes. Commissioner Portner took exception to Mr. Helfman's reference to the Jewish Holiday. Commissioner Portner added he agrees with Mr. Helfman in that he feels this is being rushed through and does not have to be decided today. Commissioner Portner suggested adding a grandfather clause that would exclude certain property owners. Mr. Trabor said it is not possible to do that given the legislation in front of the Mayor and City Commission today. City Attorney Goren agreed the legislation would need to be reformatted with a different set of facts and we are not in that mode today. There is no provision for grandfathering nor was it requested. Vice Mayor Sultanof seconded by Commissioner Atkins -Grad moved approval of Temporary Resolution 11270. On roll call Commissioner Atkins -Grad voted "yes", Commissioner Portner "no", Commissioner Dressler "yes", Mayor Flansbaum-Talabisco "yes", and Vice Mayor Sultanof "yes". Motion carried. RESOLUTION NO. R2007-150 There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the Special Meeting at 12:30 p.m. i Beth Flansbaum-Talabisco, ayor Marion Swenson, CMC City Clerk Special Commission Meeting September 14, 2007 Page 3 of 3 Michael M..Listick, Esq. Marls L. Krall, F,sy. LISTICK & KRALL, P.A. 190 S.E. 5th Ave. Delray Beach, Florida 33483 Ph. 56.7-2 76- 7424 Fax 561-278-6909 DATE: mm c \') TO: FRO TO FAX #: 11..E RE: _ C-� N` fit 0 1 aoc- -I MESSAGE: i TOTAL NUMBER OF PAGES, INCLUDING COVER SHEET, IF ANY: If you have any problems receiving, please call our office. E-mail address: Michael(a)listickandkrall. corn Mark(�,)listickandkrall. corn ., t — A . 4W. Law offices LISTICK & KRALL, P.A. 190 S.B. 5th Avenue Delray Beach, Florida 33483 Telephone: (561) 276-7424 MICI IAEL M. LISTICK Telecopier: (561) 278-6909 e-mail: MARK L. KRALL michael@listickandkrall.com mark@listickandkrall.com September 12, 2007 City Clerk City of Tamarac 7525 N.W. 88"' Avenue Tamarac, Florida 33321-2401 Re: City Commission Meeting September 14, 2007 Main Street (Phase 1) Property Tax Assessment Dear Sir or Madarn: This office represents Wen -North Holdings, Inc., the owner of the Wendys Restaurant and the real property upon which it is situated upon, said property being located at 8901 W. Commercial Boulevard, Tamarac, Florida. Please be advised that our client vehemently opposes the City's proposal to impose a non-advalorem assessment upon business property owners for the funding of the construction of capital improvements within the assessment area in exchange for the issuance of higher density designations for commercial property within said assessment area. The reason for our client's objection to this non-advalorem assessment is obvious. The existing Wendys Restaurant could never survive an annual assessment of $56,202.00 for the next twenty (20) years. It would simply put the restaurant out of business. It is no secret that small business owners all across South Florida have continued to struggle over the last couple of years due to skyrocketing costs in insurance, property taxes, and utilities. In addition, the fast food industries in particular are also experiencing increasing costs in labor and food inventory. To assess this property/business owner an additional tax of $4,683,50 per month for the next twenty (20) years would certainly lead to the end of its ability to operate as a viable business enterprise. City Clerk City of Tamarac September 12, 2007 Page 2 When the downtown corridor of the City of Delray Beach was in desperate need of improvement to its infrastructure back in the late 1980s, the City Commission submitted to the voters the "Decade of Excellence" bond referendum whereby government bonds were approved by voters and sold to investors as of "tax free" municipal bonds. This program was a resounding success and was extremely instrumental in the revitalization and positive growth that the City of Delray Beach has experienced over the last twenty (20) years. If the City of Tamarac is in need of capital improvements and revitalization, then we highly recommend that the City Commission explore other methods of financing instead of imposing this undue hardship and burden upon existing commercial property owners. Not only is this proposed assessment inequitable, but it will surely result in the termination of numerous businesses currently operating within the proposed assessment area. Very truly yours, Mark L. Krall MLK: ler cc: Eddie Rodriguez, President Wen -North Holdings, Inc.