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
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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
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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.