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HomeMy WebLinkAbout2011-10-26 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, OCTOBER 26, 2011 CALL TO ORDER: Mayor Bushnell called the regular meeting of the City Commission to order at 9:07 a.m. on Wednesday, October 26, 2011 in City Commission Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. PRESENT: Mayor Pamela Bushnell, Vice Mayor Michelle J. Gomez, Commissioner Marion Swenson, Commissioner Diane Glasser and Commissioner Harry Dressler. ALSO PRESENT: City Manager Michael C. Cernech, Assistant City Attorney Julie Klahr and City Clerk Peter M. J. Richardson. PLEDGE OF ALLEGIANCE: Commissioner Glasser led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. OCTOBER EMPLOYEE SERVICE AWARDS: 5-Year Awards: Stanley Celenski, Structural Inspector, Building; James Twigger, Systems and Network Manager, Information Technology 10-Year Awards: Michael Cernech, City Manager, City Manager; Thomas Sheridan, Fire Division Chief, Fire Rescue; Alisha Pingol, Lieutenant Paramedic, Fire Rescue; Rey Cabal, Mechanic II, Utilities 20-Year Award: Lillian Pabon, Records Coordinator, City Clerk 25- Year Awards: Denise Krapf, Customer Service Representative II, Finance; Nancy Wilson, Administrator Coordinator, Parks and Recreation 2. CITY COMMISSION REPORTS: a. Commissioner Swenson: Stated that she was looking forward to the upcoming Taste of Tamarac and Halloween Hoopla events, and invited all interested persons to attend these events. Commended City staff for having procedures in place to respond to community incidents. b. Vice Mayor Gomez: Expressed concurrence with Commissioner Swenson's comments about City staff having applicable policies and procedures in place to handle a variety of situations in our community. Noted that she had attended the recent Greater Fort Lauderdale/Broward Alliance Luncheon, including the recognition of Community and Economic Affairs Officer Andy Berns. Extended best wishes for a Happy Halloween. Page 1 of 7 REGULAR COMMISSION MEETING October 26, 2011 c. Commissioner Glasser: Noted that she had recently attended a few homeowners association meetings, as well as the recent meetings of the Area Agency on Aging and the Broward League of Cities. Stated that she would also be attending the final meeting of the Broward County League of Cities Ethics Task Force later this week. d. Commissioner Dressler: Commended City staff for the high such as yesterday's situation ai coordination and use of resoun professional. e. Mayor Bushnell: level of training of first responders to respond to incidents, the Community Center. He stated that the level of es by the Fire Department and BSO staff was very Expressed grateful appreciation to BSO and applicable City staff for their professional handling and coordination of yesterday's morning's situation at the Community Center. Extended congratulations to all of the City employees recognized at the recent Employee Appreciation luncheon for Bravo Awards and other forms of noteworthy achievements. Congratulated Andy Berns for his recent recognition by the Greater Fort Lauderdale/Broward Alliance. Noted that she had very much enjoyed the recent opening of the Tamarac Farmer's Market at Tamarac Park, and wished the organizers all the very best in the future with this event. Stated that Commissioner Dressler had a very good neighborhood meeting at the Tamarac Community Center for the residents of District 4. Noted that it had been her pleasure to attend a recent open house event held by the Broward Outreach Center, featuring an overview of the agency's services to the community. 3. CITY ATTORNEY REPORT: Ms. Klahr stated that the City Attorney's Office had provided copies of a potential zoning in process ordinance at the dais this evening, for consideration by the City Commission in the near future. 4. CITY MANAGER REPORT: Mr. Cernech noted that the recent district community meetings had been very good and positive, including the receipt of some very valuable feedback from community residents. Mr. Cernech also stated that the results of the recent employee and customer surveys were quite good. He said that the City of Tamarac had a culture which tended to attract a higher caliber of employees to the organization. Mr. Cernech said the existing culture benefitted greatly Page 2 of 7 REGULAR COMMISSION MEETING October 26, 2011 from the progressive leadership of Mayors, Commissioners and Managers over the past twenty to twenty-five years. Mr. Cernech stated that City staff was keeping a watchful eye on the weather system currently developing in the Western Caribbean for potential future impacts on the South Florida area. Mr. Cernech requested that Chief Building Official Claudio Grande present an update on the City's FEMA Community Rating System (CRS) relative to flood insurance. Mr. Grande said he was pleased to report that FEMA had issued the City of Tamarac a flood insurance rating of 6, meaning that City residents would be entitled to receive a flood insurance discount of 20%, effective October 1, 2011, rather than the existing flood insurance discount of 15%. Mr. Cernech expressed appreciation to Jack Strain, John Doherty, Pat Richardson and Mr. Grande relative to this matter. Mr. Cernech reported that 73 Tamarac residents and 57 City employees had received flu shots at the recent immunization event held at University Hospital. He also stated that 350 shoppers and 20 vendors had participated in the inaugural Tamarac Farmer's Market event at Tamarac Park. He invited all interested persons to attend the Farmer's Market on the 1st and 3rd Sundays and 2"d and 4t" Wednesdays of each month, including this evening between 4.30 and 8:30 p.m. Mr. Cernech also said that the Halloween Hoopla event would be held this Saturday evening between 6:00 and 8:00 p.m. at Tamarac Park, and the Taste of Tamarac event would take place this Saturday morning at the Community Center, including participation by Tamarac restaurants and other local businesses. Mr. Cernech also invited interested persons to attend the annual Veteran's Day recognition event on Friday, November 11, 2011, beginning at 10:30 a.m., at Veterans' Memorial Park, 7825 Southgate Boulevard. 5. PUBLIC PARTICIPATION: No speakers signed up to participate in this portion of the meeting. 6. CONSENT AGENDA: Mayor Bushnell asked Mr. Cernech whether there were any changes or additions to the Consent Agenda. Mr. Cernech said that there were no changes or additions to the Consent Agenda. Vice Mayor Gomez moved, seconded by Commissioner Swenson, to approve the consent agenda as presented. The motion was approved unanimously (5-0). a. APPROVAL OF THE OCTOBER 12, 2011 REGULAR COMMISSION MEETING MINUTES: APPROVED b. TR 12088 - ACCEPTANCE OF GRANT AWARD FROM FEDERAL MEDIATION AND CONCILIATION SERVICE LABOR MANAGEMENT GRANT PROGRAM: A Resolution of the City Commission of the City of Tamarac, Florida, approving and authorizing the proper City Officials to accept a grant award from the Federal Mediation and Conciliation Service Labor Management Grants Program in the amount of 142,176,00 to support the City of Tamarac 's Sterling and high performance efforts and to enhance the City's commitment to efficiency and Page 3 of 7 REGULAR COMMISSION MEETING October 26, 2011 effectiveness through the purchase of performance management software, providing for a 10 percent cash match of $4,686.00 in local funds for a total project cost of $46,862.00' providing for the execution of award documents; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-120 c. TR12104 - ST. MALACHY CATHOLIC CHURCH CARNIVAL 2011: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate city officials to grant a waiver of Business Revenue Licensing Fees in the amount of $1,558.90 and to extend the hours of operation to 11:00 p.m. on Thursday, November 3, 2011 through Saturday, November 5, 2011, and on Sunday, November 6, 2011 to 10:00 p.m., and to approve the sale and consumption of alcoholic beverages for the Saint Malachy Catholic Church, located at 6200 John Horan Terrace (Northeast Corner of NW 61 st Street and University Drive) during the operation of the Saint Malachy Catholic Church Annual Carnival beginning Thursday, November 3, 2011 and ending Sunday, November 6, 2011 Case No. 21-MI-11; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-121 d. TR12108 - P&R FOUNDATION - MEMBERSHIP INCENTIVES: A Resolution of the City Commission of the City of Tamarac, Florida, approving the waiver of certain departmental and facility rental program fees to be provided as in -kind support to the Tamarac Parks and Recreation Foundation, Inc. for their use in providing membership incentives for those supporting the foundation; providing for a maximum incentive package value; providing for review and revision of future incentives; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-122 e. TR12100 - MASTER LEASING SERVICES: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to Award and Execute a Tax Exempt Master Leasing Agreement with the Banc of America Public Capital Corporation for the provision of Master Leasing Services providing for a term of sixty (60) months with three (3) additional one (1) year renewal terms, providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-123 f. TR12110 - HEALTH INSURANCE RENEWAL — 2012: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to renew the coverage for the City's Health Insurance Program with United Healthcare for Plan Year effective January 1, 2012; providing for premium rate changes; providing for the continuation of the existing cost allocation of the Health Insurance premium between the City and employees; providing for a waiver reimbursement maximum; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-124 g. TR12111 - DENTAL INSURANCE RENEWAL — 2012: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to Page 4 of 7 REGULAR COMMISSION MEETING October 26, 2011 renew the coverage for the City's Dental Insurance Program with United Healthcare for Plan Year effective January 1, 2012; providing for the continuation of the existing cost allocation of the Dental Insurance premium between the City and employees; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2011-125 7. REGULAR AGENDA: a. TR12093 - SABAL PALM - DELEGATION REQUEST: A Resolution of the City Commission of the City of Tamarac, Florida, approving the request of Siegel, Lipman, Dunay, Shepard and Miskel, LLP on behalf of SPL Holdings, LLC and SPL South Holdings, LLC to amend the note on the Sabal Palm by Prestige plat as recorded in Plat Book 178, Page 71 to decrease density from 208 single family detached units and 288 townhouse units (496 residential units) to 434 single family units (Case No. 1-P-11). providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. Assistant City Attorney Klahr read TR12093 by title. Commissioner Dressler moved, seconded by Vice Mayor Gomez, to approve TR12093. Community Development Director Bramley said that since TR12093 and TR12105 are companion items she would be making a single presentation on both items simultaneously, however, the applicable resolutions would be voted on separately. Assistant City Attorney Klahr read TR12105 by title into the record of the meeting. Vice Mayor Gomez moved, seconded by Commissioner Dressler, to approve TR12105. b. TR12105 - SABAL PALM - DEED RESTRICTIONS: A Resolution of the City Commission of the City of Tamarac, Florida, approving the request of Siegel, Lipman, Dunay, Shepard and Miskel, LLP on behalf of SPL Holdings, LLC and SPL South Holdings, LLC to amend the Declaration of Restrictive Covenants for Sabal Palm as recorded in official record book 44460, page 1653 (Case No. 25-MI-11); providing for conflicts; providing for severability; and providing for an effective date. Community Development Director Bramley made staff's presentation and responded to questions from the Mayor and Commissioners. Mayor Bushnell asked the applicant's representative, Scott Backman, if he would like to address the Mayor and Commissioners. Mr. Backman said it was a pleasure working with staff on these matters and he was looking forward to bringing the site plan before the Mayor and Commissioners in the near future. Mayor Bushnell opened the public hearing and with no one wishing to speak, closed the public hearing. TR 12093 - Motion was approved unanimously (5-0) RESOLUTION R-2011-126 TR12105 - Motion was approved unanimously (5-0) RESOLUTION R-2011-127 Page 5 of 7 REGULAR COMMISSION MEETING October 26, 2011 8. ORDINANCE(S) — FIRST READING: a. TO2234 - FY 2011 FINAL BUDGET AMENDMENT: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first reading amending Ordinance 2011- 05, which amended the City of Tamarac Operating Budget, Revenues and Expenditures and the Capital Budget for the Fiscal Year 2011, by increasing the total revenues and expenditures by a total of $1,286,489 as detailed in Exhibit A attached hereto; providing for conflicts; providing for severability; providing for an effective date. Assistant City Attorney Klahr read TO2234 by title into the meeting record. Commissioner Dressler moved, seconded by Commissioner Glasser, approval of TO2234 on first reading. Motion passed unanimously (5-0) PASSED ON FIRST READING OCTOBER 26, 2011 9. PUBLIC HEARING(S): There were no Public Hearing(s) items scheduled for this meeting. 10. ORDINANCE(S) — SECOND READING: There were no Ordinance(s) — Second Reading scheduled for this meeting. 11. QUASI-JUDICIAL HEARING(S): Assistant City Attorney Klahr announced that the Quasi -Judicial items would be heard and voted on in the following order: Item No. 11 (b) TR12107 — RaceTrac Gas Station — Special Exception and No. 11 (a) TR12106 — RaceTrac Gas Station — Major Revised Site Plan. Assistant City Attorney Klahr said that because these items were companion items that Community Development Director Bramley would be making one presentation on both items simultaneously; however, they would be voted on separately. b. TR12107 - RACETRAC GAS STATION - SPECIAL EXCEPTION: A Resolution of the City Commission of the City of Tamarac, Florida, approving a Special Exception to allow for the operation of a convenience store within the proposed RaceTrac Gas Station for the property located at 7200 North University Drive (parcel "a", of the "Piccadilly Cafeteria Plat", according to the Plat thereof as recorded in Plat Book 115, Page 37, of the Public Records of Broward County, Florida) (Case No. 2-Z-11); providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. Assistant City Attorney Klahr read TR12107 by title. Commissioner Swenson moved, seconded by Commissioner Glasser, approval of TR12107. a. TR12106 - RACETRAC GAS STATION - MAJOR REVISED SITE PLAN: A Resolution of the City Commission of the City of Tamarac, Florida, granting Major Revised Site Plan approval for the RaceTrac Gas Station project to allow for the redevelopment of the existing vacant Piccadilly Restaurant into a RaceTrac Gas Station and convenience store , for the property located 7200 North University Drive (Case No. 12-SP-11); providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. Assistant City Attorney Klahr read TR12106 by title. Vice Mayor Gomez moved, seconded by Commissioner Swenson, approval of TR12106. Page 6 of 7 REGULAR COMMISSION MEETING October 26, 2011 Assistant City Attorney Klahr explained the quasi-judicial proceedings and City Clerk Richardson swore in all applicable parties relative to the matters. Community Development Director Bramley made staffs presentation and responded to questions from the Mayor and City Commissioners. Community Development Director Bramley noted that City staff, as well as the Planning Board, were recommending the denial of both TR12017 and TR12106. Mayor Bushnell called for a brief recess at 10:30 a.m. and the meeting resumed at 10.43 a.m. with all parties in attendance as noted at the beginning of the City Commission meeting. Cory Hopkins P.E., Engineering Manager for Racetrac Petroleum, the applicant, presented a brief overview of the proposed project and responded to questions from the Mayor and members of the City Commission. Mayor Bushnell opened the public hearing and the following individuals spoke against the proposed project: Dr. Roberta Arrigo, Secretary of the Board of Directors of Lake Colony; Noel Rose, Pastor of Eliathah Seventh Day Adventist Church, 7550 N. University Dr., and Joe Schreiber, 10504 E. Clairmont Circle. With no one else wishing to speak Mayor Bushnell closed the public hearing element of the item. Item 11 (b) — TR12107 — RaceTrac Gas Station — Special Exception — the motion failed unanimously (0-5). Item 11 (a) — TR12106 — RaceTrac Gas Station — Major Revised Site Plan — the motion failed unanimously (0-5). 12. OTHER: There being no further business to come before the City Commission, Mayor Bushnell adjourned the meeting at 11.33 a.m. z� Pamela Bushnell, Mayor Peter M. J. Ric ardson, CRM, CMC City Clerk \\�y of: TAMq�9��' W ESTABLISHED i 4= p 1963 Q may'. SEAL .......... Page 7 of 7 REGULAR COMMISSION MEETING October 26, 2011