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HomeMy WebLinkAbout2004-04-12 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, APRIL 12, 2004 CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City Commission to order on Monday, April 12, 2004, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, Florida. PRESENT: Mayor Joe Schreiber, Vice Mayor Marc L. Sultanof, Commissioner Edward C. Portner, Commissioner Beth Flansbaum-Talabisco, and Commissioner Karen L. Roberts. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, Deputy City Manager Michael C. Cernech, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE LED BY MAYOR SCHREIBER: 1. APRIL 14, 2004 AGENDA ITEMS: a. Item No. 6(f). CHANGE ORDER NO. 1 — PHASE IV-B MEDIAN BEAUTIFICATION: (TR10369) Executing Change Order Number 1 to the Seven Year Comprehensive Street Improvement Program Phase IV-B Contract with Vila & Son Landscaping, Inc. for the addition of Greenbriar median beautification, the substitution of dwarf fire bush for dwarf fakahatchee grass throughout the project and the cost of modifying the fittings used with mainline irrigation pipes; authorizing an additional expenditure in an amount not to exceed $101,038.11. Public Works Director Strain gave a presentation and Mayor Schreiber questioned the small expanse of Greenbriar and said it seems like a lot of money for a short distance. Vice Mayor Sultanof asked if the money falls within the purview of the overall contract, and Public Works Director Strain said it is built into the contract. Commissioner Roberts confirmed that the fire bush attracts butterflies. Mayor Schreiber said when this project is completed the neighborhood will be greatly improved. Commissioner Portner asked if this has been budgeted and questioned the difference in fittings. Public Works Director Strain said the work was originally to be done in-house and explained the fittings. b. Item No. 6(c). TASK AUTHORIZATION — STORMWATER MASTER PLAN: (TR10370) Executing Task Authorization No. 04-13E with Craven Thompson and Associates, Inc. to develop a Stormwater Master Plan for the City, in accordance with the City's consulting engineering agreement as authorized by Resolution #R-2001-185; authorizing an expenditure for said purpose in an amount not to exceed $238,040.00; authorizing the appropriate city officials to administer the contract. Public Works Director Strain gave a presentation and explained there is no solicitation of engineering contractors; Craven Thompson has a lot of experience in this area and recently completed a project with the City of Sunrise's master plan. Much of the study done for Sunrise can be used for Tamarac and Craven Thompson has a good relationship with SFWMD. Commissioner Portner questioned the cost and Public Works Director Strain April 12, 2004 City Commission Workshop 1 said the price was lowered $60,000 - $100,000 and the City will assist with the work if necessary. C. Item No. 6(i). AMENDING THE INVESTMENT POLICY: (TR10381) Revising the Investment Policy of the City of Tamarac to clarify when securities losses to the City are appropriate; authorizing the utilization of certain investment instruments related to bond proceeds and debt service; permitting the City to enter into investment agreements with providers; providing for the addition of the term "Swap" to the glossary; deleting all references to Section 6-26 of City Code of Ordinances. Finance Director Newman gave a presentation and responded to questions from Commissioner Portner regarding the $10,000,000 bond issue and how much the City is going to borrow. d. Item No. 6(j). RECIPROCAL USE AGREEMENT — SCHOOL BOARD OF BROWARD COUNTY: (TR10398) Executing a Reciprocal Use Agreement between the City of Tamarac and the School Board of Broward County, Florida, to provide reciprocal use of City and School Board facilities. Parks and Recreation Director Margoles said the City has been pursuing this agreement for two years and thanked School Board Representative Stephanie Kraft, Assistant Director of Parks and Recreation Warner and Assistant City Attorney Steinerts and the City Attorney's office for their assistance in bringing this to fruition. Parks and Recreation Director Margoles gave a presentation and spoke about reciprocal use of the fields and buildings. 2. DISCUSSION OF DRAFT POLICY ON NAMING OF CITY FACILITIES: Community Development Director King gave a presentation on the draft policy. Commissioner Roberts questioned the number of properties owned by the City and Community Development Director King said about 12; however, rooms inside facilities could also be named. Parks and Recreation Director Margoles added that the Code states all facilities under Parks and Recreation's purview are essentially considered parks; all Parks and Recreation buildings would fall under the park naming policy. Vice Mayor Sultanof spoke of community input, and Community Development Director King said there would be public meetings for community input. Vice Mayor Sultanof asked if the Fire Station was a public building, as well as the Public Works facility, and asked if a suggestion for a name could come from the City Commission and confirmed that the policy addressed only those buildings owned by the City. Community Development Director King responded in the affirmative to all the above. Commissioner Roberts questioned whether a name suggested by the City Commission would still be brought before the public and Community Development Director King said a public hearing would still be held. Vice Mayor Sultanof asked for clarification of a public meeting and Community Development Director King said it could be an advertised meeting of the Planning Board or a meeting specifically for the purpose of discussing the name. Mayor Schreiber said he did not understand why a policy was drawn up and Commissioner Flansbaum-Talabisco said she had asked for it. Mayor Schreiber said he felt number 6 under criteria would open the door for a bombardment of names. Commissioner Flansbaum-Talabisco disagreed and said the policy sets guidelines for residents or the commission to come forward with requests to name facilities. Commissioner Flansbaum-Talabisco said she would like a provision for removal of a name added to April 12, 2004 City Commission Workshop 2 the policy. Commissioner Portner said he made a simple request to name Satellite City Hall after Commissioner Larry Mishkin and it has been blown out of proportion. Commissioner Portner added a policy is not needed as a decision can be made at the Commission level. Commissioner Flansbaum-Talabisco disagreed and said a City of 56,000 and still growing needs policies, and said furthermore guidelines can be our friends. City Manager Miller explained the policy was drafted in response to a directive from the Commission. Community Development Director King clarified that the word `may' gives leverage to the Commission. City Attorney Kraft explained where no policy or guidelines are in place, the Commission has latitude to respond to a request brought before them. Commissioner Partner withdrew his request to name Satellite City Hall after Commissioner Larry Mishkin. Commissioner Roberts said she liked to have guidelines in place; however, she does not like this policy as it is too open, and she is not in favor of naming buildings after people, and used as an example a situation that arose with naming the gym. Vice Mayor Sultanof said he is in favor of guidelines, and this Commission has the right to do things that have to be done. Tamarac is a growing metropolis and what better way to honor someone than naming a facility after them. There is, however, a chink in naming Satellite City Hall, as we do not own the building. Larry Mishkin was a leader in economic growth in the City and perhaps naming the Fire Station after him would be better. Vice Mayor Sultanof said policies become too cumbersome. Mayor Schreiber asked for an expression of interest for a policy to name City facilities and Commissioners Roberts and Portner and Mayor Schreiber said no. Vice Mayor Sultanof said he is in favor or guidelines and Commissioner Flansbaum- Talabisco said she is in favor of a policy. Commissioner Portner retracted his withdrawal of naming Satellite City Hall after Commissioner Larry Mishkin and asked that this be put on the upcoming Commission Workshop Agenda. 3. DISCUSSION RE: MURALS ON BUILDINGS: Community Development Director King gave a presentation, and said in other communities these types of requests rarely go before the Commission; this type of request would fall under the sign code and be brought before the Planning Board for a decision. Commissioner Roberts said she is leery about the Planning Board making such a decision. Mayor Schreiber said they have the authority to do so now, and City Attorney Kraft explained that even though the procedure is in place, there are first amendment issues at stake and criteria needs to be developed. Commissioner Portner asked if the Mayor and City Commission can approve or disapprove a mural now, and City Attorney Kraft said where there is no basis in the Tamarac Code for the Commission to do something, the Commission must then go back to develop laws or rules. Commissioner Portner questioned the mural on Don Carter's Bowling Alley and Community Development Director King said it was approved by the Planning Board. There was discussion regarding the mural on the Bowling Alley and City Attorney Kraft explained requests for murals are rare and fraught with first amendment issues, and staff needed to research the matter before responding to the Commission. 4, DISCUSSION RE: POTENTIAL LOCATION FOR DOG PARK IN TAMARAC: Parks and Recreation Director Margoles gave a presentation and introduced Hermi Zumbado, who proposed the dog park development. Mayor Schreiber said we can not April 12, 2004 City Commission Workshop 3 prevent people who are not Tamarac residents from using the dog park, and Parks and Recreation Director Margoles said dog parks in other cities are successful and are not limited to use by residents. Commissioner Roberts said over the last few years there has been talk about a dog park at Southgate and at the public hearings held for Southgate Park, residents said they did not want a dog park in the western section of Southgate. The section considered for the dog park is across from the golf course and there is less residential impact. Commissioner Roberts said she is concerned about how the noise from boats and people picnicking will affect the dogs. Parks and Recreation Director Margoles said she did not think it would adversely affect the dogs; park planning involves complementary functions. Many boaters have dogs, and Parks and Recreation Director Margoles said her concern would be for more parking. Commissioner Roberts said it was her understanding that dogs were not allowed in City parks and asked if this would be a problem. Parks and Recreation Director Margoles said the Code states that dogs are only allowed in certain areas, and currently the pathway at Southgate is used to walk dogs, mostly by people who do not like to go to dog parks. Mayor Schreiber questioned the cost should the City decide on a dog park at Southgate, and Parks and Recreation Director Margoles said it depends on what is included, e.g., parking and water; the cost could go up to about $100,000. Mayor Schreiber asked if a referendum is needed and Parks and Recreation Director Margoles said it is an attractive amenity and desirable to a certain population. Commissioner Portner questioned the naming rights, and Parks and Recreation Director Margoles said the park naming policy is specific. Commissioner Flansbaum-Talabisco commended Ms. Zumbado on the presentation booklet and added she is disappointed by the lack of backup from staff as well as lack of staff recommendation and cost figures. Commissioner Flansbaum-Talabisco added that a dog park is an amenity for the City and one does not need to be an animal lover to approve of it; however, she would like to know the down side of a dog park. Commissioner Flansbaum-Talabisco said both her veterinarian and dog groomer are against dog parks and there is no way to ensure owners follow guidelines. Parks and Recreation Director Margoles responded she was asked to provide information regarding what is needed as well as advantages and disadvantages for the two sites in question. Before expressing an opinion, she needs to know if the Commission wants to move forward with this. If potential safety issues are of great concern to the Commission, then the Friedes property should be eliminated from consideration and the Southgate property would then remain the only choice. Parks and Recreation Director Margoles said as a dog owner she personally does not like dog parks. The issue regarding people not controlling their dogs is not unlike parents not controlling their children at playgrounds. The public has expressed a desire for a dog park and the City should explore its options. Cost depends upon the site and level of what the Commission decides to develop; when direction is given from the Commission as to potential locations, costs can then be calculated. Mayor Schreiber questioned exposure to the City and Parks and Recreation Director Margoles said requirements of owners will be built into the Code. To her knowledge, there has been little litigation in connection with dog parks. City Attorney Kraft said there has not been a lot of action in that area, but he would look into insurance coverage. Mayor Schreiber questioned the expense to maintain the facility and Commissioner Roberts said it is no different than adding a new park. There is liability no matter what the City does and we April 12, 2004 City Commission Workshop 4 can not always be blocked from doing something. Commissioner Roberts said she would like to see the Commission move forward with the project. Commissioner Flansbaum-Talabisco said she would like a recommendation from Parks and Recreation Director Margoles, to which Parks and Recreation Director Margoles responded there have been a significant number of residents who expressed a desire for a dog park and it is her recommendation to look at the Southgate site. Vice Mayor Sultanof said there are enough dog owners who are also philanthropists who may contribute to a fund for the dog park. Vice Mayor Sultanof also expressed concern about the distance between the Dog Park and Veterans Park because of encroachment on toilet facilities, etc. Mayor Schreiber asked for an expression of interest for a dog park and all were in favor. Commissioner Portner asked Parks and Recreation Director Margoles to calculate the cost for both locations. Commissioner Roberts asked if there is grant money available and Parks and Recreation Director Margoles said there is from the state under the FRDAP grants. 5. DISCUSSION RE: TERM LIMITS AND DRAFT OF CHARTER AMENDMENT: Deputy City Manager Cernech said this is a follow-up to a discussion held at the February 13t" retreat. Commissioner Portner said he is in favor of elimination of term limits to become effective in 2007. Mayor Schreiber said he is in favor of putting a referendum before the public as soon as possible, preferably in November. Vice Mayor Sultanof said he is in favor of putting it on a ballot at a later date as there are more than enough items to be considered in November. Commissioner Partner and Vice Mayor Sultanof were in favor of elimination of term limits effective 2007 and were also in favor of extending terms from three to four years. Mayor Schreiber asked for an expression of interest to eliminate term limits and Vice Mayor Sultanof and Commissioners Flansbaum-Talabisco and Roberts were in favor of keeping term limits; Mayor Schreiber and Commissioner Portner were in favor of eliminating term limits. Commissioner Flansbaum-Talabisco asked for an extension of terms from three to four years to be placed on an upcoming workshop. City Manager Miller said it would be put on the next workshop for discussion. 6. DISCUSSION RE: PROPOSAL TO CONSIDER AN ORDINANCE REQUIRING PROPER CARE OF THE AMERICAN FLAG: Commissioner Portner asked for an ordinance to enforce proper treatment of the flag. City Attorney Kraft said the City can codify some flag codes that are in existence in the Country, but this could become a first amendment issue; enforcement of flag regulations has met with freedom of speech litigation. If the Commission passes an ordinance regulating flags in the City, we must be careful with enforcement and not step on anybody's first amendment rights. Commissioner Partner asked if there is any way to enforce flying tattered flags on cars and BSO Chief Dugger said BSO has no authority under any ordinance from the City or state statues to cite cars for tattered flags, whether moving or stopped. City Attorney Kraft added that improper display of the flag is a first amendment issue. Federal rules are subjective and not heavily enforced. Vice Mayor Sultanof suggested that the president's council touch base with all communities and improper display of flags be addressed at that level. Commissioner Roberts said she is concerned with fining people, and if a flag is tattered there needs to be a proper way for residents to dispose April 12, 2004 City Commission Workshop 5 of the flag. Perhaps a Code Enforcement Officer can pick up the tattered flag and the Veterans could include it in their yearly ceremony whereby they dispose of tattered flags. Commissioner Roberts discussed the proper way to display flags on cars and said she did not think an ordinance was necessary, but education of the public was of utmost importance. Commissioner Flansbaum-Talabisco asked what would be included in the ordinance, and City Attorney Kraft said Coral Springs' Ordinance talks about tattered flags and added that other cities have taken the United States Code and incorporated that into a City Code. Vice Mayor Sultanof asked Commissioner Roberts to give Parks and Recreation Director Margoles a copy of the pamphlet she referred to (a copy of which is attached) in time for the Veterans' Assembly. Mayor Schreiber asked for an expression of interest for an ordinance addressing treatment of the flag and Commissioners Flansbaum-Talabisco and Roberts and Mayor Schreiber were not in favor of an ordinance; Commissioner Portner and Vice Mayor Sultanof were in favor of an ordinance. Parks and Recrea-►ion Director Margoles said McNab Park received a notice of substantial completion from Public Works and there was a soft opening this morning. The grand opening of the park would be held at a later date. There being no further business to come before the City Commission, Mayor Schreiber adjourned the workshop meeting at 11:35 a.m. Marion Swenso , CIVrC A-/ City Clerk 1 April 12, 2004 City Commission Workshop 6