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HomeMy WebLinkAbout2005-09-12 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MEETING MONDAY, SEPTEMBER 12, 2005 CALL TO ORDER: Mayor Schreiber called the Workshop Meeting of the City Commission to order on Monday, September 12, 2005, at 9:30 a.m. in Room 105 of Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, Florida. PRESENT: Mayor Joe Schreiber, Vice Mayor Beth Flansbaum-Talabisco, Commissioner Edward C. Portner, Commissioner Marc L. Sultanof and Commissioner Karen L. Roberts. ALSO PRESENT: City Manager Jeffrey L. Miller, Assistant Interim City Attorney Julie Klahr, Deputy City Manager Michael C. Cernech, and City Clerk Marion Swenson. Mayor Schreiber led the pledge of allegiance. 1. PROGRESS REPORT. SUMMARY OF 2005 LEGISLATIVE SESSION AND OVERVIEW OF UPCOMING 2006 LEGISLATIVE SESSION/THIRD AMENDMENT TO AGREEMENT FOR LOBBYIST SERVICES (TR10796) AND DISCUSSION OF AGREEMENT AMENDMENT AND RENEWAL: Ronald L. Book, Lobbyist appeared and gave a presentation. Mr. Book spoke of water being this administration's priority; and added that the power in Tallahassee is beginning to shift; Marco Rubio, from Miami - Dade will be the Speaker and there will be other changes as more representatives from South Florida come into power. Mayor Schreiber spoke of stormwater funding as it relates to Hurricane Katrina, and Mr. Book said the 'no name storm' in October 2000 made stormwater a high priority. Mr. Book said all of us, New Orleans and Mississippi included, are ill prepared to deal with a hurricane. Mr. Book spoke of mobile hospital units and said we should have learned from Charlotte and Escambia Counties' experience where all the hospitals were wiped out; we have no mobile hospital because that item did not make it to last year's budget in Tallahassee. Commissioner Portner suggested Dade, Broward and Palm Beach Counties get together and purchase a mobile hospital and Mr. Book said the money is not being channeled into the communities. Commissioner Portner asked what can be done for municipalities in this legislative session and Mr. Book said water will be the focus. Commissioner Portner said Mr. Book's request for a $25,000 increase is too high and while he appreciates everything Mr. Book has done, he would not vote for the large increase. Mr. Book responded he started working for Tamarac below the market rate, yet gave Tamarac the same level of work as he did other government boards. Commissioner Sultanof said he is concerned about our lack of preparedness for disasters, and spoke of President Carter federalizing troops and state police to cut down on looting. Commissioner Sultanof added we need to have representation in the federal government. When Mr. Book came on board with Tamarac he took what Tamarac could offer at the time and Mr. Book has done a good job. Vice Mayor Flansbaum-Talabisco commended Mr. Book for his professionalism and work on behalf of Tamarac and said she recognizes the value of taking on a new client; fair market value for Mr. Book is reasonable. Vice September 12, 2005 City Commission Workshop Page 1 of 12 Mayor Flansbaum-Talabisco said she does not agree with Commissioner Portner with regard to Mr. Books increase. Commissioner Roberts said when Mr. Book first came to Tamarac he started at a lower rate and was not given an increase last year because of budget funding. In comparing Mr. Books' request for an increase to the amount of money he brought to Tamarac, the percentage of increase is not as big as it appears. Mayor Schreiber said Mr. Book did a good job for Tamarac at a low rate, and he is glad to pay what Mr. Book requests. City Manager Miller said Marco Rubio, who represented Tamarac on telecommunications. matters three-four years ago, is very aware of Tamarac and might be very helpful to the city. Mr. Book suggested writing to Mr. Rubio to remind him of his relationship with the City. Commissioner Sultanof said Mr. Rubio is a rising young man who said he would 'walk both sides of the aisle'. Commissioner Portner spoke of an item coming before the commission regarding a federal lobbyist firm, which the Mayor and City Commission previously reviewed and thought was too costly. That firm guaranteed over $2 million the first year of their contract in return for $120,000 a year. Commissioner Partner said he finds it offensive that the Mayor and City Commission want to go 'on the cheap'; and added he feels a 40% increase for Mr. Book is a lot to spend out of public funds. Commissioner Portner asked Mr. Book to reconsider his request for a $25,000 increase. Vice Mayor Flansbaum-Talabisco said 'on the cheap' does not apply to the Mayor and City Commission. The federal lobbyist group gave a terrific presentation to the Mayor and City Commission and Vice Mayor Flansbaum-Talabisco's aim is to look at several firms, interview them and decide what price is appropriate. Mayor Schreiber thanked Mr. Book for his presentation. 2. DISCUSSION AND UPDATE ON CHAMBER ACTIVITIES AND REQUEST FOR ONGOING SUPPORT: Chamber Chair Don Fallenbaum, Executive Director Vicki Reid, and Treasurer Harry Dressler appeared. Mr. Fallenbaum gave a presentation and spoke of the past year's focus and anticipated accomplishments for the coming year. Mayor Schreiber asked about the Ambassador Committee, whether the Chamber has a welcome -wagon, whether corporate entities from the Commerce Park have joined the Chamber, and the increased prices for Taste- of Tamarac. Mr. Fallenbaum said the Ambassador Committee is a meet and greet; the Chamber contracts with a local welcome -wagon company; the Chamber has beerk successful in signing up new members; and there is no problem with pricing for the",,Taste of Tamarac. Vice Mayor Flansbaum-Talabisco asked how the Chamber handles the spectrum from large companies to mom and pap businesses, and Mr. Fallenbaum said larger businesses look for Trustee programs and the Chamber addresses their issues. The mom and pop stores are looking " for business development, which the Chamber provides. Commissioner Sultanof said the larger corporations aim to do business throughout the city while the mom and pop businesses are more local. Commissioner Sultanof asked if all businesses in the Commerce Park have been solicited and Ms. Reid said discussions have begun with Toshiba. Commissioner Sultanof spoke of the Fairbanks auto dealership, and the fact that Mr. Fairbanks is not aware of where Kings Point is located. Commissioner Sultanof said there is a lot of purchasing power in Tamarac. Mr. Fallenbaum responded the Fairbanks dealership is not a member of the Chamber and if Commissioner Sultanof has a relationship with Mr. Fairbanks perhaps he can September 12, 2005 City Commission Workshop Page 2 of 12 encourage him to join the Chamber. Mr. Fallenbaum spoke of the City's previous grant of $35,000 to the Chamber and the fact that a large expenditure last year was for the part time staff member. That position will be turned into a full time position this year. Mr. Fallenbaum said this year the Chamber is requesting a $30,000 grant. Mayor Schreiber said it is incumbent upon the city to help the Chamber. Commissioner Roberts asked how many members the Chamber has and how much money the Chamber made last year in addition to the city's grant. Mr. Fallenbaum said 148 members and the Chamber made about $140,000 in addition to the city's grant. Commissioner Roberts asked if advertising on the back of city buses is productive and Ms. Reid said both bus advertising and advertising at the city concerts provide exposure to the Chamber and gives the Chamber it's best 'bang for the buck'. Vice Mayor Flansbaum-Talabisco asked for clarification of the part time staff member and Mr. Fallenbaum explained the part time person is administrative in nature and would take on the duties of the telemarketer this coming year. The position would then become a full time position. Vice Mayor Flansbaum-Talabisco said she has watched the Chamber grow and they are doing a great job. Commissioner Partner asked what is being done to increase attendance at Chamber breakfasts and Mr. Fallenbaum said as membership increases there will be more people at the breakfasts; the conversion rate of guest to member is high. Commissioner Portner asked if Baer Furniture is a member of the Chamber and Ms. Reid said they have been approached but they are not members. Commissioner Portner suggested contacting Bobby Baer, and added that at the Taste of Tamarac, which is a food related event, it might be a good idea to contact City Furniture and Baer Furniture and have them display some dining room sets. Commissioner Sultanof asked Mr. Dressler if he would like to add anything to the presentation and Mr. Dressler said he is on the board of the Tamarac Chamber and also serves as the treasurer. The Chamber is positioned organizationally as never before and the Chamber Board and administrative staff understand that growth of the membership is an important metric. A vibrant, small business community is important to the economic health of Tamarac. Trustee development is also very important. Mayor Schreiber asked for an expression of interest to grant the Chamber of Commerce $30,000 and all were in agreement. 3. SEPTEMBER 14.2005 AGENDA ITEMS: a. Item No. 6(f). INSURANCE RENEWAL — PROPERTY, GENERAL LIABILITY, AUTOMOBILE LIABILITY, AUTOMOBILE PHYSICAL DAMAGE, AND WORKERS, COMPENSATION COVERAGE: TR10791 Renewing e ( ) g property, general liability, automobile liability, automobile physical damage, and workers' compensation lines of coverage with the Florida Municipal Insurance Trust (FMIT) for a one (1) year period beginning October 1, 2005 at a cost of $1,115,341 and payment of any increase resulting from the annual premium audit. Human Resources Director Swanson and Risk/Safety Manager Tomaszewski appeared. Risk/Safety Manager Tomaszewski gave a presentation and spoke of rate increases. Mayor Schreiber questioned the rise in property insurance rates, and Risk/Safety Manager Tomaszewski said this is due to an increase in property values and additional parks. Commissioner Sultanof asked if the policy covers flooding of city property and Risk/Safety Manager Tomaszewski said September 12, 2005 City Commission Workshop Page 3 of 12 that comes under separate coverage. Commissioner Portner asked what city property is worth; Risk/Safety Manager Tomaszewski responded approximately $65 million. b. Item No. 6(h). INTERLOCAL AGREEMENT — EMERGENCY/NON GUARANTEED SUPPLEMENTAL SUPPORT: (TR10775) Executing the Interlocal Agreement for Emergency/Non Guaranteed Supplementa_I Support between Broward County and the City of Tamarac for inspection and plan review services to be performed by the Broward County Building Code Services Division in the event there is a staff shortage at a rate of Fifty Four Dollars and Five Cents ($54.05) per hour for Building Code Inspector, Fifty Seven Dollars and Twenty -Nine Cents ($57.29) per hour for Building Official Services, including annual increase of 5% effective October 1, 2006 and overtime upon approval by the city at 1-1/2 times the hourly rate; for a two year period commencing October 1, 2005. C. Item No. 60). INTERLOCAL AGREEMENT — HEARINGS BY BROWARD COUNTY MINIMUM HOUSING/UNSAFE STRUCTURES BOARD: (TR10774) Executing an Interlocal Agreement between Broward County and the City of Tamarac providing for hearings by the Broward County Minimum Housing/Unsafe Structures Board at a rate of Fifty -Four Dollars and Five Cents ($54.05) per hour for the Code Enforcement Officer and Twenty Eight Dollars and Thirty -Eight Cents ($28.38) per hour for clerical support, including annual increase of 5% effective October 1, 2006 and overtime upon approval by the City at 1-1/2 times the hourly rate, with a maximum case cost of Three Hundred Dollars ($300.00) per noticed case; unless written authorization from the City has been received, for a period through September 30, 2007. Building Official Jones gave a presentation on items 3(b) and 3(c) on the workshop agenda. Vice Mayor Flansbaum-Talabisco said she noticed that Coral Springs has the lowest building fee structure and Building Official Jones explained there are three types of services, 1) building inspection, 2) plans examiner services, and 3) responsibilities of the building official. The third service is not utilized because there are people in-house who are able to cover in Mr..Joneses absence. d. Item No. 6(i). BUILDING DEPARTMENT PERMIT FEES: (TR10770) Amending the Building and Code Compliance Department schedule of permit fees. Building Official Jones and Finance Director Chapman appeared. Building Official Jones said the current fee structure has been in effect since 1997, and during the past eight years costs have increased. Coral Springs has the lowest fees but they have not changed their fee schedule since 1992. F.S. 553 provides for local municipalities and county agencies to recoup. costs through the fees. Tamarac has never charged the full and actual cost of providing services but the shift in construction activity will make for a significant shortfall in projected revenues. Commissioner Roberts asked why staff did not come to the commission a few years ago during the new housing boom when they could have made substantial revenue, and Building Official Jones explained pursuant to F.S. 553 the city can not collect more than actual costs for providing services. Commissioner Roberts expressed concern that the increased fees would impact homeowners who wanted to put up a fence or a slab or install a burglar alarm. Commissioner Portner asked how the cost of a building permit fee is determined and September 12, 2005 City Commission Workshop Page 4 of 12 Building Official Jones said it is the actual cost of delivery of the service; certain permits require a minimum number of inspections and minimum number of step plan reviews. Down the road, staff will look at a detailed analysis of services. Commissioner Portner said this is a proposed increase of 42% and it will be hard to sell this to the residents. Perhaps smaller increases over several years would be more palatable. Finance Director Chapman said this increase was included in the FY06 budget and to back out the increase at this time would result in a reduction in the FY06 budget and require cutting expenses. Commissioner Roberts asked why it is in the budget when it has not yet been approved and there ensued discussion relative to items in the budget and the intensity of reading through the entire budget. City Manager Miller explained the city can not make a profit on the building department. At one time Hillsboro County made a profit on their building department but the builders' association became aware of it and sued the county and won the lawsuit. The county then had to refund the money. There has been a lot of growth over the past and it will slow down next year so we need to raise fees in order to be competitive with our neighbors and keep the building department self sustaining. If fees are not increased, then $550,000 from the general fund would be needed, which would ultimately result in an increase in the ad valorem tax. Vice Mayor Flansbaum-Talabisco asked about the numbers in the backup and Finance Director Chapman explained we are projecting $1,200,000 in revenue based on changes with $1,375,000 for expenses which means a $175,000 subsidy for the department. We can not go below the minimum number of individuals we have on hand as there is a need for the different disciplines. Finance Director Chapman likened permit fees to user fees. Commissioner Sultanof said everything has gone up and there is no free lunch. By going with small incremental increases, every time there is an increase, the taxpayers will say `what again?' We have to do what has to be done and run the government, and the Building department has done an excellent job. Building Official Jones said because fees are subject to challenge, we must be consistent and defensible. This structure allows us to deliver services to the residents at an affordable cost. The predominant part of the subsidy is for residential renovations. Mayor Schreiber gave City Manager Miller a personal check in the amount of $200.00 for hurricane relief and thanked Commissioner Portner for starting the ball rolling. There were no items on the consent or regular agenda that the Mayor and City Commission wished to discuss. All were in agreement to move out of the regular order of business on the workshop agenda and take up Items 5 and 6, then recess the meeting and reconvene at or about 1:30 p.m. 5. OVERVIEW AND DISCUSSION OF BROWARD COUNTY FLEXIBILITY RULES AND IMPACT ON DEVELOPMENT AND REDEVELOPMENT: Community Development Director King gave a presentation and explained flexibility units are the difference between the Broward County Land Use Plan and the City of Tamarac's Land Use Plan. The City of Tamarac has five flexibility zones. In the past we had to stay within the zones for use of flexibility or reserve units. Broward County's Planning Staffs September 12, 2005 City Commission Workshop Page 5 of 12 Evaluation/Appraisal Report said the one concern raised by the municipalities was that the municipalities wanted the flexibility to use their flex units as they wished. Tamarac has three options: do nothing; allocate flex units to major corridors; and designate specific units for each. Staff recommends allocating units to specific areas in the city with additional land use plan amendments going through procedures to revise the city map and then go through the county. That will allow the city to focus all units to the Main Street Corridor, which puts almost 1,300 flex units and 1,100 reserve units on the corridor. The ULI Study through the South Florida Regional Planning Council recommended along the State Road 7 corridor that 1,500 units be assigned through South Florida Regional Planning Council's State Road 7 Collaborative. Staff wants to keep the Main Street and State Road 7 corridors viable. Mayor Schreiber asked if we do this now, and during the course of time it is determined we do not need or can not use the flex units as prescribed, are we able to revise the plan and put the units someplace else in the city. Community Development Director King said at this time he would like to receive the endorsement of the Mayor and City Commission to proceed with staffs recommendation. If in the future we want to change the way we handle flex units, we can do that administratively. Allocating all to Main Street, making it 30 units to the acre is what we have talked about all along. Buildings can go up to 60 ft. or 6 stories in height, which would consist of four -five residential stories. This gives the developers flexibility. The units will be 1,000 sq. ft. at most. Commissioner Sultanof asked how many flex units Centex is using and Community Development Director King said none. Vice Mayor Flansbaum-Talabisco said she believes this is a home rule issue that gives the municipality the ability to use its judgment in dealing with this, but it does not tie our hands. Mayor Schreiber asked for an expression of interest to go with staff's recommendation and all were in agreement, with Commissioner Sultanof saying he is in agreement as long as it can be readjusted if needed. 6. DISCUSSION REGARDING VOLUNTARY ANNEXATION PROCEDURES: Community Development Director King gave a presentation and said in July 2005 staff indicated four areas for prospective annexation. We were not able to get an application in by August, so staff came up with an updated schedule. Letters to property owners for the City Manager's signature will go out in October; during November and December staff will meet with property owners to discuss the benefits of coming into the city and to hear their concerns; from January through March there will be follow up and information needed from the property owners will be gathered; during April and May an ordinance will be presented to the Mayor and City Commission for approval and then sent to the legislative delegation; in August there will be a hearing before the legislative delegation and we will go through their process to get the voluntary annexation completed by September 2007. Commissioner Roberts said this is a long process and it seems that other cities are able to get through it much quicker. Community Development Director King explained the deadline to get the application in is August 2006, and while it can be submitted sooner it will not be heard until August. Mayor Schreiber asked if we can expedite the process and Community Development Director King said our hands are tied. Commissioner Portner asked why it will not be heard until August 2006 and Assistant Interim City Attorney Klahr explained the legislative delegation's schedule is based on Tallahassee's schedule. Were we able to get the Bill filed in time we could September 12, 2005 City Commission Workshop Page 6 of 12 have been done with the annexation process this year, but communication with the communities would have had to be after the Bill was filed. Mayor Schreiber asked if this could be done in-house with the county and Assistant Interim City Attorney Klahr said the legislative delegation will not consider it until it meets their schedule. We must go through them as we need the legislative delegation to support the Bill. Community Development Director King said this has been put into Community Development's work program for the upcoming year and in order to make sure we are taking the right steps staff recommended to the City Manager that we take a few more months to get everything in order and in August 2006 we would have the Bill and it would be done correctly. Vice Mayor Flansbaum-Talabisco expressed concern that another municipality might jump in ahead of Tamarac during this time to claim the areas in question and Community Development Director King said he talked to surrounding communities and none are interested in. obtaining the four areas. Vice Mayor Flansbaum-Talabisco said other communities may become aware that this is our intent and they may then become interested and it will turn into a bidding war. Community Development Director King said this has been going on for over 10 years. Most of the viable areas of the county have been absorbed by municipalities. Now only a handful of properties are left and it is time to move forward. Vice Mayor Flansbaum-Talabisco asked that the word get out that Tamarac wants this property. Mayor Schreiber recessed the workshop meeting at 11:40 a.m. and reconvened the meeting at 1:50 p.m. with all present as before. 4. DISCUSSION OF PROPOSED REVISIONS TO CHAPTER 20 OF THE TAMARAC CODE — STREETS AND SIDEWALKS: Public Works Director Strain gave a presentation and spoke of the requirement that the city repair damaged sidewalks that are not the homeowner's responsibility; if a tree situated on private property causes damage to a city sidewalk, the city can not cut the tree or roots outside of the right of way. Additionally, if damage to the sidewalk is due to misuse of the sidewalk, it is then the homeowner's responsibility to repair the sidewalk. If the sidewalk is broken due to a construction project taking place, it is the contractor's responsibility to repair the sidewalk. Staff will survey the entire city to locate all broken sidewalks. Mayor Schreiber said the biggest problem is those who have already repaired the sidewalks and paid for the repairs out of pocket. Mayor Schreiber said this started in March of this year, and recommended anyone from March forward who incurred the expense by obeying the ordinance currently in force should be reimbursed. Public Works Director Strain said the ordinance revisions do not speak to that issue as it is a separate item. Commissioner Roberts said trees are a major problem; in Heathgate/Sunflower roots from trees planted in the swale or on private property next to the sidewalk have damaged the sidewalks and the sidewalks should be fixed even if the city can not take the tree down; the city should also cut the roots. Public Works Director Strain said a tree can be killed or destabilized depending upon how much root is pruned, and during the next storm the tree may blow down, causing liability to the city. If a tree is in the swale the city can take care of it; but the city can not go onto private property to do the work. Additionally, a tree can not be trimmed without a permit from the county. Commissioner Roberts said if the sidewalk is damaged by tree roots, then in September 12, 2005 City Commission Workshop Page 7 of 12 accordance with the new ordinance, property owners are responsible, and these types of breaks constitute the majority of the citations. Public Works Director Strain said the city will have difficulty repairing the sidewalks without getting into liability problems. Sidewalks can be replaced, but without mitigating the cause, the break will most likely occur again. Commissioner Roberts asked about a waiver since there may be utility easements involved and Assistant Interim City Attorney Klahr said we do not know that there is a utility easement and the city can not go onto private property; if a tree is on private property the city can not do anything to it; if it is in a utility easement, cutting the root may destabilize the tree and we could be cited. A property search will. determine if there is a utility easement. Commissioner Roberts said if a tree root is under the sidewalk the city should be able to fix the sidewalk; not every resident lived here when the trees were planted. Commissioner Portner said if a tree is on private property and the root goes to the sidewalk we should repair the sidewalk and not have to cut the root; but can we go back time and again to repair the same breaks; is this part of the money we are expected to spend every year? Public Works Director Strain said to repair a sidewalk that is destined to fail in three years is a waste of taxpayers' money. We need to mitigate the cause so it does not recur. Commissioner Portner questioned the length of time retroactive to enactment of the instant ordinance that will be acceptable to reimburse people who have already fixed sidewalks abutting their properties. Mayor Schreiber said the prime question is to fix public sidewalks damaged by trees on private property. Commissioner Sultanof said the county indicates if a tree is destructive to a building or public property the tree will have to be removed, as its roots will continue to grow. Property owners need to get a permit, remove the tree on their property and plant another hardwood tree. By eliminating the cause the sidewalk will remain in tact for the next 30 years. The city does not control trees, but the city will fix a sidewalk if the property owner removes the tree. Public Works Director Strain said the city can not pull a permit for a tree it does not own. Mayor Schreiber said homeowners should be cited for trees on private property where those roots cause a break in the sidewalk. Assistant Interim City Attorney Klahr said if the ordinance is adopted it will require individuals to remove some trees on private property and fix the sidewalk. Mayor Schreiber said the language in the ordinance should be clear. Assistant Interim City Attorney Klahr responded the ordinance requires certain permits to be pulled and sidewalks rebuilt according to engineering standards. Public Works Director Strain added if a tree on private property is intrusive and does not require a permit from the county it can be cut, but if it is a protected tree, a permit is needed from the county. The city will have its arborist look at the tree before the property owner prunes or cuts down the tree and we will give them the necessary information. Vice Mayor Flansbaum-Talabisco posed the following scenario: a property owner has such a tree and the city suggests it be removed, but the property owner chooses to keep the tree, knowing the roots will break the sidewalk, and the property owner says he/she will take care of sidewalk. Public Works Director Strain said the property owner will be put on notice, if the sidewalk breaks again they will be cited. The city can not force a property owner to root prune a tree that is on private property. Commissioner Roberts suggested a compromise in that the city will fix the sidewalk one time and put the resident on notice that if it breaks again as a result of roots from a tree on private property, the property owner will be held responsible. Assistant Interim City Attorney Klahr said the city can legally do a one time September 12, 2005 City Commission Workshop Page 8 of 12 fix with notice; and the city can work with the property owner to allow for removal of tree roots before the sidewalk is fixed. Commissioner Sultanof asked about liability if the city cuts the tree roots and the tree dies. Assistant Interim City Attorney Klahr responded the city can only repair the sidewalk, not the tree; that needs to be coordinated with the property owner. Commissioner Sultanof asked about a hold harmless agreement and Assistant Interim City Attorney Klahr said a change can be made to the ordinance adding language as discussed for a one time fix, but the property owner must fix the tree. Mayor Schreiber added it has to be a condition of repair. Public Works Director Strain said if the property owner decides not to remove the tree, the city will still be liable. Assistant Interim City Attorney Klahr said this goes back to the code where it is the property owner's responsibility and they will be cited. Commissioner Roberts asked if somebody trips and falls is the city then responsible, and Assistant Interim City Attorney Klahr replied there could potentially be some liability. Commissioner Roberts asked if a permit is needed to cut or root prune a tree in a city swale and Public Works Director Strain said depending on the species a permit may be needed. Vice Mayor Flansbaum-Talabisco confirmed we will first ask the property owner to fix the tree and then the city will come in and fix the sidewalk and asked if there would be a time frame within which this will be done? Commissioner Roberts questioned what will happen if the property owner does not want to take the tree down but is willing to prune the roots, and Assistant Interim City Attorney Klahr replied the city's requirement is that the tree does not interfere with the sidewalk, and if the property owner only wants to cut the root, that is okay. Commissioner Sultanof posed what will happen if the property owner does not remove the tree and the root grows back, to which Public Works Director Strain replied the city would request the root be pruned and bio barrier be put in place. A time limit will be needed for them to contact the county and if they do not adhere to the time limit, we will then cite them. Commissioner Roberts asked how long it takes for the permit process to go through, and Public Works Director Strain answered about one month, but the city does not want to make the time period impossible for the property owner, during this time the city will secure the sidewalk to alleviate an immediate hazard. Commissioner Roberts said if the root is cut for a tree on the swale and it falls and hits someone, what is to say that the city will not get sued? Public Works Director Strain explained we will assess the situation and get the appropriate permit from Broward County; perhaps we will replace the tree; but we will do the job in a proper manner. Vice Mayor Flansbaum-Talabisco said it is obvious we want to help everybody throughout the city. Public Works Director Strain and Assistant Interim City Attorney Klahr have given their recommendations. The city is willing to take on the responsibility if it is done in a fair and timely fashion; however, the homeowner is responsible as well. It sounds like the city could craft an ordinance that would go that way. Mayor Schreiber asked for an expression of interest to fix the sidewalks and then the city would be responsible for sidewalks. All said yes. Mayor Schreiber said we need an addendum to the ordinance that will clarify cause, roots, and private property, as well as roots of trees on private property causing damage if the property owners do not pull permits, as well as language that the city will not fix the sidewalk again if the break recurs because of a tree on private property not being mitigated. City Manager Miller said Vice Mayor Flansbaum-Talabisco is correct; we have heard from the engineer and the attorney and this ordinance is our best recommendation; if necessary we can make some September 12, 2005 City Commission Workshop Page 9 of 12 clarifications. Assistant Interim City Attorney Klahr said the ordinance deals with future issues. Specific language regarding the commission's wish for an initial fix could be included in the ordinance outside the code. Assistant Interim City Attorney Klahr said the ordinance deals with the issue that if there is damage to a sidewalk done by private property the owner is responsible to fix it; if the city damages a sidewalk, it is up to the city to fix it. Commissioner Portner agreed there should be some explanation in the ordinance of the initial repair. Vice Mayor Flansbaum-Talabisco said she does not understand how there can be a one time fix if we know the problem is still there. Commissioner Portner suggested fixing all the sidewalks and advising the owner of a tree on private property that the city will fix the sidewalk now, but if the roots break the sidewalk again then it is the responsibility of the property owner. Vice Mayor Flansbaum-Talabisco questioned the suggestion knowing the issue has not been resolved. Public Works Director Strain said the Mayor and City Commission can do whatever they want to do, but he strongly suggests the Mayor and City Commission not approve that suggestion, as the city will be pouring concrete around a live root; he would prefer to give notice to the homeowner and give them a certain number of days to fix the tree problem and if it is not fixed, then the city will issue a citation. Vice Mayor Flansbaum-Talabisco said at the end of the day the city will fix the sidewalk but if a tree on private property causes the damage, then the owner must do their part first. Commissioner Roberts presented the scenario as follows: a property owner cuts the tree root and then says it is not the problem of the property owner. Public Works Director Strain said the city is not responsible to correct people who wish to break the law and cut trees or roots without a permit. Assistant Interim City Attorney Klahr suggested putting language in a peripheral paragraph of the ordinance not to be codified, such as section 3. Commissioner Sultanof confirmed the city is not legally responsible if the property owner cuts tree roots without a permit and Assistant Interim City Attorney Klahr replied no. Vice Mayor Flansbaum-Talabisco said the commission wants all the communities to look as good as they can and this is a happy medium. Mayor Schreiber asked for an expression of interest to redraft the ordinance with amendments regarding the private property owner's responsibility to resolve the tree issue before the city repairs the sidewalk. Commissioner Sultanof questioned adding information regarding reimbursement to people who have paid to have their sidewalks repaired as of March 2005. City Manager Miller said the ordinance gets us where we want to go, but the second issue is whether we want to go back in time and reimburse those who already had their sidewalks fixed. Mayor Schreiber said the way the ordinance reads now, he would not vote for it. Mayor Schreiber asked for an expression of interest for the 'one time fix'. Commissioner Roberts said yes, Mayor Schreiber said no, and Vice Mayor Flansbaum-Talabisco asked for clarification of 'one time fix'. Assistant Interim City Attorney Klahr explained notice to fix the tree within a set time period is given to the homeowner, and after the tree is fixed the city will repair the sidewalk. Mayor Schreiber asked for an expression of interest. Commissioner Roberts said no, as she did not think the ordinance says what she is trying to say, and questioned language in section 20-85. Public Works Director Strain said that is meant for developers and it is already in the code. Commissioner Roberts questioned page 3 of the ordinance, in particular section (b) where any damage to a sidewalk will be put on a list and if it is a trip hazard will it be taken care of quickly. Public Works Director Strain September 12, 2005 City Commission Workshop Page 10 of 12 replied all trip hazards are taken care of immediately; at the least they are secured with a temporary repair. Commissioner Roberts questioned the backup memo of September 9 with regard to waiving outstanding liens from January 1, 1999. Building Official Jones explained 1999 is the date taken from historic liens. These also include Special Magistrate Orders and fees or penalties accrued but not converted to liens as yet. Mayor Schreiber questioned our exposure and whether we are obligated to release all prior liens. Assistant Interim City Attorney Klahr said the city is not obligated to do that, but the reason we are is because once the sidewalks are repaired the property owner is deemed in compliance. This is similar to the reimbursement question, and is up to the commission. Mayor Schreiber confirmed once the sidewalk is repaired the lien stops. Assistant Interim City Attorney Klahr said it would stop because the property owner would be in compliance. It is up to the commission to decide how far back in -time to go. Commissioner Roberts confirmed the daily accrual stops when the property owner comes into compliance, but previous money owed still remains a lien. City Manager Miller posed the following scenario: a property owner has a broken sidewalk since 1999 and is cited but never fixes the sidewalk and a lien is running. The city comes in and fixes the sidewalk, thereby bringing the property owner into compliance. When the house is sold, and the new owners contest the lien before a judge, saying the city placed the lien on the property, then fixed the sidewalk and changed the law; what can we imagine the judge will say? Mayor Schreiber said a violation of a law should be punishable. Building Official Jones explained liens are placed to recover the cost of repair and are not meant to be punitive. Commissioner Sultanof asked how many liens we are talking about and Building Official Jones said 14. Commissioner Sultanof said since the city already abated the people who have been cited, when the city takes over sidewalk repairs we should get rid of the 14 liens. Commissioner Roberts asked how the city would know if the sidewalk has been fixed and paid for by the property owner and Public Works Director Strain said they will have to show evidence of the repair and payment. City Manager Miller said staff can add a section with regard to the commission's discussion today and have it ready for Wednesday night's meeting and add the item to the agenda. Commissioner Sultanof asked if the commission desires to reimburse the entire amount paid. Mayor Schreiber said it should go back to March and if they provide a legitimate paid bill the city will reimburse them. Commissioner Roberts said she has gotten calls since February. Vice Mayor Flansbaum-Talabisco asked how much money we are talking about and City Manager Miller suggested the Mayor and City Commission go back to January 1, 2005 as there had been some code enforcement action in January, and from January forward we are looking at about $10,000415,000. Building Official Jones must identify those who complied consistent with the city ordinance. Public Works Director Strain added the repairs must have been done with a permit. Mayor Schreiber questioned what would happen to those that do not comply, and Public Works Director Strain said if the repairs were not in accordance with rules and regulations the city should not reimburse. Vice Mayor Flansbaum- Talabisco asked if any funds are available from CDBG, grant monies, HOME, or SHIP programs for this and City Manager Miller said he would look into it and, if possible, bring information back to the commission regarding use of those funds for reimbursement. The general consensus of the Mayor and City Commission was to amend the draft ordinance to reflect language regarding the property owner's September 12, 2005 City Commission Workshop Page 11 of 12 responsibility to mitigate a tree on private property prior to the city fixing the sidewalk, and an interest to go back to January 1, 2005 to reimburse those who had sidewalk repairs done and paid for out of pocket. There being no further business to come before the Mayor and City Commission Mayor Schreiber adjourned the workshop meeting at 3:20 p.m. " Marion Swens n, CIVIC City Clerk 1 1 September 12, 2005 City Commission Workshop Page 12 of 12