HomeMy WebLinkAbout2001-02-12 - City Commission Workshop Meeting MinutesCITY OF TAMARAC
CITY COMMISSION WORKSHOP MEETING
CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City
Commission to order on Monday, February 12, 2001, at 9:30 a.m. in Room 105 of
Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, Florida.
PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Edward
C. Portner (arrived at 9:35 a.m.), and Commissioner Marc L. Sultanof.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft,
Assistant City Manager Tim Hemstreet, and City Clerk Marion Swenson.
1. FEBRUARY 14, 2001 AGENDAITEMS:
a. Item # 8(c). INSTALLATION OF A PROTECTIVE BARRIER: (TR9250)
Requesting the State Of Florida Department Of Transportation (FDOT) to install a
protective barrier along the northern boundary of West Commercial Boulevard
beginning at NW 49 Avenue and extending west to NW 50 Avenue; providing for
transmittal of this Resolution to the State of Florida Department of Transportation
(FDOT), Broward County Board of County Commissioners And Broward County
Transportation Planning Division. Community Development Director King gave a
presentation. Commissioner Sultanof said if FDOT planned any public hearings in the
near future he would like the public to be alerted, and Community Development Director
King said he had been informed there would be a public hearing in April 2001 and he
would let the citizens know about it.
b. Item # 9. AMENDING CHAPTER 2 "ADMINISTRATION", ARTICLE VIII "RISK
MANAGEMENT PROGRAM": (TO1920) Motion to adopt Ordinance on first reading
amending Chapter 2 "Administration", Article VIII "Risk Management Program" of the
City Code of Ordinances to provide for the operation of the Risk Management Program
when the City elects to purchase outside insurance coverage and adjustment services;
providing for codification. Assistant to the City Manager/Interim Risk Manager McKew
gave a presentation. Mayor Schreiber asked if the revision would take away the
Commission's authority to approve settlements, and Assistant to the City
Manager/Interim Risk Manager McKew responded that it would bring the ordinance in
line with current practices. Assistant City Manager Hemstreet explained that the
ordinance recognizes the insurance company's ability to process the claim and
delegates the control over the settlement to the insurance company, but the
Commission would still be notified of all settlements. City Attorney Kraft said the
ordinance currently in effect does not reflect what the City is doing and does not take
into account the contractual relationship with the insurance company. Commissioner
Sultanof asked if this ordinance would take Tamarac out of the Florida League of Cities
fund, and Assistant to the City Manager/Interim Risk Manager McKew said it would not.
C. Item # 10. WATER RESTRICTIONS: (TO1919) Motion to adopt Ordinance on
second reading providing for permanent restriction on landscaping irrigation; providing
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for restrictions on restaurants on serving water to customers during periods of declared
water emergencies; providing for local implementation of the water shortage plan of the
South Florida Water Management District; providing definitions; providing for
enforcement and penalties. APPROVED FIRST READING JANUARY 24, 2001.
Utilities Director Gagnon gave a presentation and explained that this ordinance would
put enforcement of water restrictions in the hands of the City rather than the County.
Utilities Director Gagnon said to date the City issued 66 warnings, but no fines. Mayor
Schreiber asked what types of violations the warnings were issued for and Utilities
Director Gagnon replied irrigation. Commissioner Sultanof asked about placing water
on tables in catering halls, whether a glass of water or a pitcher, and specifically
referenced David's Caterers. Utilities Director Gagnon said this is restricted, and
warning letters have been sent to restaurants, golf courses and homeowner
associations in Tamarac outlining the restrictions. Additionally, he had no knowledge of
a fine being issued to David's Catering. Commissioner Portner asked about washing
cars, and Utilities Director Gagnon said cars could be washed between 5 p.m. — 7 p.m.
on designated watering days, using an automatic shut-off hose, on the grass. Vice
Mayor Roberts asked for confirmation that warnings would be issued before fining
people who may be in violation of the restrictions, and asked if the ordinance stays in
place even after restrictions are lifted. Utilities Director Gagnon assured that even
though the County ordinance uses the word "shall", the City's intent is to educate, not
punish residents, and the County presently has an ordinance in place restricting
irrigation year-round. There was discussion about the conflict provision and
enforcement of the ordinance, and City Manager Miller said when restrictions are lifted
the ordinance could be repealed. Commissioner Portner confirmed that regardless of
what Tamarac does, the County still has this ordinance on their books and can enforce
it. Assistant City Manager Hemstreet said the purpose for the ordinance is so that
Tamarac employees can enforce water restrictions in Tamarac. Vice Mayor Roberts
asked why an ordinance has to be in place after water restrictions are lifted, and
Assistant City Manager Hemstreet said since the County ordinance will always be in
effect, and many times private communities irrigate during the day, residents with
knowledge of the County's ordinance may call to complain, and then Tamarac has to
call the County to address the issue. Utilities Director Gagnon said the ordinance
allows Tamarac to be more responsive and educate the people. Vice Mayor Roberts
asked who polices the City, because medians are being watered at 4.00 p.m., and City
Manager Miller said if this is going on, the City Manager's office should be notified.
Many medians are not under the City's control, and of those that are, there may be
broken timers in need of repair. Utilities Director Gagnon said the South Florida Water
District is trying to get all the cities in the district to go to year-round restrictions, and it
makes sense not to water lawns during the hottest part of the day.
Mayor Schreiber questioned Item #8(d) on the consent agenda. SETTLEMENT -
SHIRLEY ROSEN: (TR9251) Approving and authorizing the settlement of all past and
future claims by Shirley Rosen in an amount not to exceed $36,000.00, of which the
City of Tamarac's portion would not exceed $25,000.00; upon receipt of a full release of
all claims. Mayor Schreiber said if there is an ordinance in effect that says the property
owner is obligated to maintain and repair sidewalks, he does not understand why
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Tamarac settles and pays these claims. City Attorney Kraft said under Florida law cities
are responsible for accidents in the rights -of -way. Mayor Schreiber asked if a sidewalk
is broken, the property owner is sent a letter to fix it and they do not comply, who then is
responsible? City Attorney Kraft said the City could fix the sidewalk and lien the
property owner for the cost of the repair. Assistant City Manager Hernstreet said in the
instant matter, the City owns the sidewalk. Vice Mayor Roberts asked if Code
Enforcement could cite homeowners when sidewalks are in need of repair, and asked
how that is enforced. Community Development Director King said they could be cited
and then go through the process of appearing before the Code Enforcement Board if
they do not comply. Commissioner Sultanof complemented Code Enforcement for
working with a gentleman on 78 th Place whose property was in need of repair.
2. CONSTRUCTION OF DRAINAGE CANAL BY CITY FURNITURE ON CITY
PROPERTY: Community Development Director King gave a presentation and said this
is a $100,000 job that would be done at no cost to the city, and in return City Furniture
would get fill out of the canal. Mayor Schreiber asked the price of fill and how they
would dig it out. Community Development Director King said fill is about $6.00 a cubic
yard, and City Furniture has equipment on their site now. If the Commission desires,
this item will be brought forward for approval authorizing City Furniture to come on to
Tamarac's property and dredge. Commissioner Sultanof said this is a benefit to both
parties, as City Furniture has been using fill to avoid blasting and Tamarac will get the
work done at no cost. Vice Mayor Roberts asked how they would get the equipment to
Tamarac's property, and Community Development Director King said if they need a
path through McNab Park they would be granted permission. Commissioner Portner
said if Tamarac wanted to do its own work, the fill could be sold for about $60,000.
Mayor Schreiber said City Furniture is a good corporate neighbor and we want to keep
a good relationship with them. Community Development Director King said City
Furniture is under a short time frame because of the cost in keeping the equipment on
site and if the Commission expresses interest in City Furniture draining the canal, they
can do what is needed to get the equipment on site before the agenda item is prepared.
The Commissioners were in agreement.
3. NEIGHBORHOOD BEAUTIFICATION PROGRAM: Assistant Public Works
Director Greenspan and Special Project Coordinator/interim Public Information Officer
Phillips gave a presentation. Commissioner Sultanof asked if there was neighborhood
beautification money available from the County, and Assistant Public Works Director
Greenspan said the County's program continues on an annual basis. There was
discussion about non-profit organizations applying for funding and Special Project
Coordinator/Interim Public Information Officer Phillips explained that the funding is for
projects on rights -of -ways, but it may be open to other groups for specified areas.
4. DISCUSSION OF COMMITTEE VACANCIES: City Clerk Swenson gave a
presentation. Mayor Schreiber suggested filling the vacancies, and City Manager Miller
asked if the Commission would like to hold a special meeting to fill the vacancies after
the next workshop meeting. All were in agreement. Commissioner Portner asked about
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Mr. Harris' attendance on the other committees to which he belongs, and City Clerk
Swenson said she would check on his attendance. 0
5. REGULAR COMMISSION MEETINGS OUTSIDE OF COMMISSION
CHAMBERS: Assistant to the City Manager Kristin McKew gave a presentation and
asked the Commission when and where they wanted to hold the next meeting outside of
City Hall. Commissioner Sultanof said as a correction to the list of proposed sites, he
did not suggest Satellite City Hall, he suggested the Community Center, as it was
centrally located. There was discussion about gated communities and the ability to get
into the facilities. Commissioner Portner suggested the next meeting outside of City
Hall be held on March 14, 2001, at 7:00 p.m. in the Kings Point area, with a backup
location of Woodmont.
6, BROWARD LEAGUE OF CITIES HUMAN AND SOCIAL RESOURCE FAIR:
Vice Mayor Karen L. Roberts gave a presentation and asked for one or two city
employees to attend the planning meeting on February 22nd at 9-30 a.m., in the Oakland
Park Library. City Manager Miller said Kathleen Margoles and Rose Cure, Alternate,
would attend.
7. CAMPAIGN FINANCING: Commissioner Edward C. Portner explained he would
like to see a way of enabling those who are not incumbents to run for office by limiting
the amount of money spent on campaigns. City Attorney Kraft said this is a first
amendment issue, and any City action would be unconstitutional. There was discussion
about the cost to run for office in Tamarac. Mayor Schreiber said if spending was
limited, someone else could spend money on the candidate's behalf and get around the
rule that way, Mayor Schreiber suggested encouraging people to get involved in
different areas of government and run for office. There was no expression of interest
from the Commission to limit spending on campaigns.
There being no further business to come before the City Commission, Mayor Schreiber
adjourned the workshop meeting at 10-55 a.m.
MARION SWENSON, CMC 6
CITY CLERK
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