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HomeMy WebLinkAbout2006-03-21 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING TUESDAY, MARCH 21, 2006 CALL TO ORDER: Mayor Flansbaum-Talabisco called the Workshop Meeting of the City Commission to order on Tuesday, March 21, 2006, at 2:00 p.m. in Room 105 of Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, Florida. PRESENT: Mayor Beth Flansbaum-Talabisco, Commissioner Edward C. Portner, Commissioner Patte Atkins -Grad, Commissioner Marc L. Sultanof, and Commissioner Harry Dressler. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, Deputy City Manager Michael C. Cernech, and City Clerk Marion Swenson. Mayor Flansbaum-Talabisco led the pledge of allegiance. City Manager Miller welcomed the Mayor and Commissioners to the workshop meeting and congratulated the newly elected officials. City Manager Miller said he looks forward to working with this commission; the newly elected Mayor and Commissioners have joined the city at a great time in history as Tamarac is developing rapidly, has almost achieved a population of 60,000 residents, and we are creating 1,000 jobs per year. The community is getting younger and more racially diverse, and because of this we are undergoing an expansion of Tamarac Community Center and other programs offered by the city. The results of our resident survey taken last summer indicated Tamarac is 22% above the national average. City Manager Miller said special things are occurring in Tamarac and he is glad this commission is part of it and will help us get to the next level. City Manager Miller reported that department directors and assistant directors are receiving training at the University of Virginia, Weldon Cooper School for Public Administration. Our government is committed to the Sterling Award and proceeding with that for high performance. Retreats are scheduled with the Mayor and City Commission to bring the commissioners to the same level of knowledge, and we can not get to the next level without the commission's leadership and assistance. City Manager Miller said he would like the commission to be a part of the Sterling and High Performance Organization program and develop a vision for the community and update the strategic plan. Some sessions will be led by staff and some by professionals in the field. The City of Tamarac is a highly respected government in South Florida and academia, and other governments prize our innovation. But, we always find we can do better. As we go through the process if there are items the commissioners would like to see addressed in the retreats, let the City Manager know and we will try to accommodate all requests. City Manager Miller congratulated the Mayor and City Commission and said he looks forward to working with them. Mayor Flansbaum-Talabisco thanked everyone for this morning's ceremony and noted a lot of time and effort had been put into it. Mayor Flansbaum-Talabisco said there is March 21, 2006 City Commission Workshop Page 1 of 5 nothing like seeing a professional do their job, and she is honored to be surrounded by and working with Tamarac staff. 1. PRESENTATION BY REGIONAL PLANNING COUNCILS (RPC) RE: STATE_ ROAD 7: Community Development Director King and David Dahlstrom, AICP appeared. Director of Community Development King introduced Mr. Dahlstrom and gave a short history of the State Road 7 Initiative. Mr. Dahlstrom gave a presentation and spoke of the study area; a Charette Master Plan that creates identity, landscape and aesthetic values, key parcels, transportation, bus shelters and schools; and the three districts under local consideration. Commissioner Sultanof questioned a piece of property near the turnpike and sound barriers, and Mr. Dahlstrom said he had no knowledge of that matter. Mayor Flansbaum-Talabisco questioned the use of the wording 'over time', and Mr. Dahlstrom spoke of land use and zoning in each of the affected cities, which could create timing issues. Mr. Dahlstrom said this project will take 30-40 years to complete. Commissioner Portner said State Road 7 goes through a small portion of Tamarac and asked staff to look into a parcel of land on the west side of the road that can be used for redevelopment. Mr. Dahlstrom replied while Tamarac has the shortest length of State Road 7 on the corridor, it does have the greatest potential. Mr. Dahlstrom said he would return to the Mayor and City Commission in a few months with another presentation. 2. MARCH 22, 2006 AGENDA ITEMS: a. Item No. 6(b). AMENDMENT TO AGREEMENT--ZAMBELLI INTERNATIONALE FIREWORKS MANUFACTURING _ _COMPANY, INC.: (TR10911) Executing an amendment to the agreement between the City of Tamarac and Zambelli Internationale Fireworks Manufacturing Company, Inc., exercising the option to renew for the 2006 fireworks at a cost of $25,000.00. Parks and Recreation Director Warner and Purchasing/Contracts Manager Glatz appeared. Parks and Recreation Director Warner explained the amendment to agreement and said the terms are the same as previous renewals. Commissioner Sultanof said in the past Zambelli underperformed to which Parks and Recreation Director Warner replied the incident in question occurred last year. They are to provide a 20-25 minute show, and while the show did last 20 minutes, it did not live up to previous years, but that has been ironed out for this coming year. Commissioner Portner asked if we could renegotiate the contract with Zambelli for another five years at the same price and Purchasing/Contracts Manager Glatz replied the commission can direct staff to negotiate but the Charter requires competitive bidding for this transaction due to the aggregate cost. b. Item No. 6(c). AMENDMENT TO LEASE AGREEMENT FOR SATELLITE CITY HALL: (TR10914) Exercising the first amendment to the existing lease agreement between the City of Tamarac and Ramco-Gershenson Properties, L.P., for Satellite City Hall at Sunshine Plaza in Tamarac, Florida for an additional three-year period. Financial Services Director Chapman and Purchasing/Contracts Manager Glatz and Customer Services Supervisor Simms appeared. Financial Services Director Chapman March 21, 2006 City Commission Workshop Page 2 of 5 explained the Satellite City Hall lease expires on March 31 and we must now enter into a new lease agreement, which will be for three years with a three year option. Cost increases are reasonable and within market prices. Commissioner Sultanof questioned a window of opportunity should the city wish to move out of that location and Financial Services Director Chapman said we could do so after the initial three years. Commissioner Sultanof questioned a lock on the rent and Financial Services Director Chapman said there is a small escalation over the three year period. Mayor Flansbaum-Talabisco asked if the city tracks the use of Satellite City Hall and Financial Services Director Chapman explained it is visited by 1,100 people per month. Mayor Flansbaum-Talabisco questioned the time Satellite City Hall has been closed due to issues at the plaza and when we can expect to reopen. Financial Services Director Chapman said there was a fire in the shopping plaza and we are now dealing with technical issues. IT staff periodically checks the routers and we hope to reopen by next week. Mayor Flansbaum-Talabisco said the facility serves the needs of the residents in that part of town and Financial Services Director Chapman agreed it is a presence on the east side of Tamarac. C. Item No. 6(d). PURCHASING TOW VEHICLE: (TR10917) Purchasing a Mutual Aid Radio Communications (MARC) tow vehicle and related equipment for the MARC trailer awarded to the City of Tamarac through Reso R-2005-101, at an amount not to exceed $36,000. Deputy Fire Chief Schuldt and Purchasing/Contracts Manager Glatz appeared. Deputy Fire Chief Schuldt said the purchase of the tow vehicle is part of an agreement entered into with the State Fire Marshall for a communications trailer which will be housed at our facility. d. Item No. 7. ELECTING A VICE MAYOR: (TR10908) Electing a Vice Mayor for a one year term beginning March 22, 2006 with no succession. City Clerk Swenson explained a vice mayor is elected by the commission each March to serve for one year. Commissioner Sultanof recommended Commissioner Portner be selected as the next vice mayor. Mayor Flansbaum-Talabisco asked for an expression of interest. All were in agreement. City Attorney Goren said the item will be voted on at the March 22, 2006 regular meeting. 3. PRESENTATION BY CITY ATTORNEY GOREN RE: RULES FOR CONSIDERATION OF ITEMS: City Attorney Goren said Items 9 and 10 on tomorrow's agenda are land use amendment ordinances for first reading. City Attorney Goren explained the land use plan deals with existing and future development in the city and every 10 years we are required to do an EAR to revise our plan. Tomorrow the applicant, who owns the golf courses, will ask the city to amend our comprehensive plan. City Attorney Goren spoke of staff level analysis and review of the instant matter with the community, and said people are angry and unclear about what is coming. Staff made a positive and comforting presentation at the two public meetings but the residents are not educated on this particular topic. There are only two legal windows per year for land use modifications. City Attorney Goren explained all rights are relevant and in Florida private property rights are significantly protected. The Burt March 21, 2006 City Commission Workshop Page 3 of 5 Harris Act guarantees certain rights to property owners and the Mayor and City Commission will act reasonably and rationally tomorrow. The land use plan is a legislative function and due process, both procedural and substantive applies. To date, staff has received the application and preliminarily looked at the uses. This is not final until we hear from other agencies of government at the county, regional and state level. After the agencies' review, the document will be returned to the Mayor and City Commission with comments. We do not have the basis of the analysis yet. This is a two -stage process; the developers apply to modify the land use and it goes through the process with other agencies. Staff has made every effort to review the application and overlay it with the city's comprehensive plan. All plans from the city through the state must be consistent. Having not heard any evidence, and absent having heard from the applicant and public, the Mayor and City Commission must give the people their procedural and substantive due process. Transmittal does not mean the Mayor and City Commission approve anything. If the other agencies like the plan it does not mean the Mayor and City Commission are obliged to approve it. However, if the Mayor and City Commission do not get the documents out for review you will not know how the other agencies analyze the situation. Tomorrow's vote will make the decision to begin the process. City Attorney Goren said he has had conversations with the applicant's legal counsel and City Attorney Goren suggested if the Mayor and City Commission have any concerns regarding the proposed LUPA, tomorrow's meeting would be a good time to talk about those issues. If the Mayor and City Commission then decide to send the item to the other agencies for review we will have a record of the Mayor and City Commission's concerns, which comments will help later on. The public can, if they so desire, hire their own legal counsel. City Attorney Goren suggested the Mayor allow the City Attorney time at tomorrow's meeting for a brief presentation to set up the 'rules of the road'. City Attorney Goren explained if the Mayor and City Commission do not like what is coming their way, as public officials they have an obligation to hear it, and suggested they be fair and give people their due process. City Attorney Goren cautioned the Mayor and City Commission not be arbitrary and capricious, and explained Tamarac has not yet hired other experts to analyze this request. In-house staff has made every bona fide effort to review the application and might recommend at some time that the Mayor and City Commission engage experts to help them. City Attorney Goren reviewed the 'rules of the road' and said Mayor Flansbaum-Talabisco will call the proceedings to order and announce the items. City Attorney Goren will read the titles into the record, as well as the 'rules', similar to the discussion held at this workshop meeting. There will be a staff presentation and the developer may want to speak. Then the public will speak. While the public can be limited to three minutes, and since this is not the same type of hearing as we have had in the past, tomorrow people will have certain additional rights and the Mayor should give people a reasonable amount of time to speak. Witnesses will be sworn in and we will record their names and addresses. There will be no cross examination tomorrow and no cross talk, just presentations. The public hearing will then be closed and the Mayor and City Commission can deliberate on the record. If the Mayor and City Commission have any questions while the public is speaking, feel free to ask. All advertisements have been properly placed for tomorrow's meeting. City Attorney Goren said people do not have March 21, 2006 City Commission Workshop Page 4 of 5 the right to be disruptive, and if a person is overly disruptive, after being warned several times, that person can be removed from the meeting; but City Attorney Goren reminded the Mayor and City Commission that all rights are relevant. If the Mayor and City Commission make the decision to transmit the document it will take several months before it gets back to the Mayor and City Commission for second reading. City Attorney Goren explained while it is not true, the people do believe once the land use modifications are approved nothing can be stopped. Commissioner Portner said he had a previous appointment and asked to be excused. Commissioner Portner left the meeting at 3:35 p.m. Commissioner Dressler said he puts a high priority on the people's access to government and their right to speak, and he will defer to the Mayor to establish what is appropriate. Mayor Flansbaum-Talabisco said her expectation for tomorrow is that everyone show mutual respect for both the commission and the public, and the Mayor and City Commission will do their best. Commissioner Sultanof spoke of commission liaison positions to boards and committees and asked for consideration to place Commissioner Dressler as Commission Liaison to the Parks and Recreation Board and Commissioner Atkins -Grad as Commission Liaison to the schools. Mayor Flansbaum-Talabisco asked for an expression of interest and all were in agreement. City Attorney Goren said this item is scheduled to appear on the April 11 agenda for commission consideration. There being no further business to come before the Mayor and City Commission, Mayor Flansbaum-Talabisco adjourned the workshop meeting at 3:40 p.m. Marion Swenson, CIVIC City Clerk March 21, 2006 City Commission Workshop Page 5 of 5