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HomeMy WebLinkAbout2012-01-25 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, JANUARY 25, 2012 CALL TO ORDER: Mayor Bushnell called the regular meeting of the City Commission to order at 9:00 a.m. on Wednesday, January 25, 2012 in City Commission Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. PRESENT: Mayor Pamela Bushnell, Vice Mayor Diane Glasser, Commissioner Marion Swenson, Commissioner Michelle J. Gomez and Commissioner Harry Dressler. ALSO PRESENT: City Manager Michael C. Cernech, City Attorney Samuel Goren and City Clerk Peter Richardson. PLEDGE OF ALLEGIANCE: Commissioner Gomez led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. JANUARY EMPLOYEE SERVICE AWARDS 5-Year Award: Linda Probert, Assistant Parks & Recreation Director, Parks & Recreation 10-Year Awards: James Bledsoe, Firefighter Paramedic, Fire Rescue; Jonathan Frasher, LT Paramedic, Fire Rescue; Lascelles Anderson, Equipment Operator II, Utilities 15-Year Award: Patrick Kendrick, Fire Division Chief, Fire Rescue 25- Year Award: Gary Jordan, Technical Support Representative II, Information Technology 2. CITY COMMISSION REPORTS: a. Commissioner Swenson: Congratulated all recipients of the employee service awards for their longevity of service to the citizens of Tamarac. b. Commissioner Gomez: Expressed grateful appreciation to everyone involved with the recent strategic planning meeting for the Mayor and City Commissioners. Expressed her support for the New York Giants in the forthcoming Championship Football Game. c. Vice Mayor Glasser: Expressed congratulations and appreciation to Sam Goren upon his recent recognition as the ADRC Volunteer of the Year. d. Commissioner Dressler: Expressed his support for the New England Patriots in the upcoming Championship Football Game. Noted that all of the City's pensions plans and finances in general were in excellent condition. Page 1 of 7 REGULAR COMMISSION MEETING January 25, 2012 e. Mayor Bushnell: Noted that it had been her pleasure to attend the recent grand opening of a new laser dental facility, including programs for sleep solutions. She also expressed ._ appreciation for the remarkable professionalism of City staff at the recent Strategic Planning meeting. Noted that she had the pleasure of attending the ADRC dinner honoring Mr. Goren for being the organization's "Volunteer of the Year". 3. CITY ATTORNEY REPORT: Mr. Goren expressed appreciation to the Mayor and City Commissioners and Mr. Cernech for their kind words and support relative to the ADRC. Mr. Goren said he was very appreciative for the opportunity to volunteer with such a vital organization to serve the community's needs. Mr. Goren reported that the Federal District Court had issued a motion for summary judgment on January 17th in the Prestige Homes case. Mr. Goren said that the order by Judge Kathleen M. Williams was a serious and well -reasoned decision. He noted that there was a State court pending relative to this matter. Mr. Goren thanked the Mayor and City Commissioners and applicable City staff for their due diligence relative to these cases. Mr. Goren said the primary foci of the State legislature to date had been redistricting and budget -related matters. Mr. Goren stated that he would keep the Mayor and City Commissioners apprised about pertinent bills and legislation as they moved forward. Mr. Goren noted that the Florida Institute of Government would be offering a Regional Ethics Summit training this Friday in Oakland Park, offering seven hours of ethics training to locally elected officials. 4. CITY MANAGER REPORT: Mr. Cernech noted that a team representing the Tamarac Fire Rescue Department had recently participated in a competition in Daytona Beach and finished sixth out of nineteen teams, with the top six teams being separated by a total of only ten points. Mr. Cernech invited everyone to the Sweetheart Ball on Saturday, February 11th between 6 and 8 p.m., with a cost of $10.00 per couple or $5.00 per individual for dinner and dancing. He also noted that the Teen Summit about social awareness and related issues would be held on Saturday, February 25th between 9:00 a.m. and 12 Noon at the Tamarac Community Center. Mr. Cernech also stated that the twilight concert series would continue on Friday, March 16th between 7:00 and 9:00 p.m. for Jimmy and the Stowaways and The Strange Brew Band on Friday, April 13th at the Tamarac Sports Complex. Mr. Cernech stated that relative to nuisance abatements and the potential use of special assessments, City staff would be advertising applicable information to preserve the City Commission's options relative to this matter. On another note, Mr. Cernech said that there would be a practice site visit this week for the Governor's Sterling Award organization, including a visit by two examiners. Mr. Cernech congratulated Mr. Goren for receiving the ADRC Volunteer of the Year Award. Page 2 of 7 REGULAR COMMISSION MEETING January 25, 2012 5. PUBLIC PARTICIPATION: None. 6. CONSENT AGENDA: Mayor Bushnell asked City Manager Cernech if there were any changes or additions to this morning's consent agenda. City Manager Cernech said there were no changes or additions to the consent agenda. Vice Mayor Glasser moved, seconded by Commissioner Gomez, to approve the Consent Agenda as presented. The motion was approved unanimously (5-0). a. APPROVAL OF THE JANUARY 11, 2012 REGULAR COMMISSION MEETING MINUTES: APPROVED b. TR12142- APPROVAL OF HOME FY 11/12 INTERLOCAL AGREEMENT: A Resolution of the City Commission of the City of Tamarac, Florida, accepting the 2011-2012 fiscal year HOME Investment Partnership ("HOME") funds; authorizing the appropriate officials to execute an Interlocal Agreement for the designation of subrecipient and disbursement of HOME Program, fiscal year 2011-2012, with Broward County and subsequent agreements,if necessary, pending legal review; providing for conflicts; providing for severability; providing for an effective date. RESOLUTION R-2012-12 c. TR12144 - AUTHORIZATION TO EXECUTE FY 2011/12 RCMP GRANT FUNDS AGREEMENT: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to execute a grant agreement, pending legal review, in an amount not to exceed $100,000 with a 2:1 match in local funds, in an amount not to exceed $200,000 upon receipt of the agreement from the Florida Department of Emergency Management for Residential Construction Mitigation Program grant funds to improve storm resistance of residences in the City of Tamarac; providing for conflicts; providing severability; and providing for an effective date. RESOLUTION R-2012-13 7. REGULAR AGENDA — There were no Regular Agenda items scheduled for this meeting. 8. ORDINANCE(S) — FIRST READING a. T02239 - NON -REPRESENTED EMPLOYEES PENSION PLAN AMENDMENT: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida; on first reading amending Chapter 16, Pensions and Retirement, Article IX, Elected and Appointed Officers and Non -represented Employees Retirement Plan; amending the definition of "Compensation" in Section 16-901 of the Plan to exclude other non-taxable reimbursement, leave payments other than at separation and overtime in excess of 300 hours per year; amending Section 16-906(c) and (e) to lower the interest paid on a return of employee contributions from 4 percent to 2.5 percent; creating Section 16-906(k) to allow employees that were eligible for membership in the Plan but chose to remain in another City sponsored retirement plan at the time the Elected and Appointed Officers and Non -represented employees Retirement Plans was established to transfer into the Plan; providing for a savings clause; providing for severability; providing for codification and providing for an effective date. City Attorney Goren read T02239 by title into the record. Commissioner Dressler moved, --. seconded by Commissioner Gomez, to approve TR2239 on first reading. The motion was approved unanimously (5-0) PASSED ON FIRST READING JANUARY 25, 2012 Page 3 of 7 REGULAR COMMISSION MEETING January 25, 2012 b. TO2240 - ARCHDIOCESE OF MIAMI (MCNAB) — REZONING: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first reading, amending prior zoning of certain real estate property otherwise known Archdiocese of Miami from A-1 (Limited Agricultural District) to LI-1 (Light Industrial District), for the property located south of NW 67 Street and north of State Street on the west side Nob Hill Road within the Tamarac Commerce Park at 6201 Nob Hill Road (A portion of Tract 4 of Section 7, Township 49 south, Range 41 east of the "Florida Fruit Lands Company's Subdivision No. 2, according to the plat thereof, as recorded in Plat Book 1, Page 102 of the public records of Palm Beach County, Florida) (Case No. 7-Z-11); providing for amendment of the official zoning map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TO2240 by title into the record. Commissioner Dressler moved, seconded by Commissioner Gomez, to approve TO2240 on first reading. City Clerk Richardson swore in those who wished to speak relative to this matter. Planning and Zoning Manager Frank Zickar made City staff's presentation. Mayor Bushnell opened the Public Hearing. There were no public comments, other than a brief presentation by the petitioner's representative. The motion was approved unanimously (5-0) PASSED ON FIRST READING JANUARY 25, 2012 c. TO2241 - ARCHDIOCESE OF MIAMI (NOB HILL) REZONING 7-Z-11: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first reading amending prior zoning of certain real estate property otherwise known Archdiocese of Miami from A-1 (Limited Agricultural District) to LI-1 (Light Industrial District), for the property located south of NW 67 Street and north of State Street on the west side Nob Hill Road within the Tamarac Commerce Park at 6201 Nob Hill Road (A portion of Tract 4 of Section 7, Township 49 South, Range 41 East of the "Florida Fruit Lands Company's Subdivision No. 2, according to the plat thereof, as recorded in Plat Book 1, Page 102 of the public records of Palm Beach County, Florida) (Case No. 7-Z-11); providing for amendment of the official zoning map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TO2241 by title into the record and explained the Quasi -Judicial procedures. Commissioner Dressler moved, seconded by Commissioner Gomez, to approve TO2241 on first reading. City Clerk Richardson swore in those who wished to speak relative to this matter. Planning and Zoning Manager Frank Zickar made City staffs presentation. Mayor Bushnell opened the Public Hearing. There were no public comments, other than a brief presentation by the petitioner's representative. The motion was approved unanimously (5-0) PASSED ON FIRST READING JANUARY 25, 2012 d. TO2242 - GENERAL EMPLOYEES' PENSION PLAN AMENDMENT Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida; on first reading amending Chapter 16, Pensions and Retirement, Article III, Pension Plan, amending the definition of average final compensation to exclude overtime in excess of 300 hours and payments for accrued, unused leave on or after November 9, 2011; amending Section 16- 198 (a), (b), and (c) to lower the interest paid on returns of employee contributions from 5 Page 4 of 7 REGULAR COMMISSION MEETING January 25, 2012 percent to 2.5 percent; providing for a savings clause; providing for severability; providing for codification and providing for an effective date. City Attorney Goren rest T02242 by title into the record. Commissioner Gomez moved, seconded by Commissioner Swenson, to approve T02242 on first reading. Motion passed unanimously (5-0) PASSED ON FIRST READING JANUARY 25, 2012 9. PUBLIC HEARING(S): a. TR12135 - 1ST AMENDMENT - FY 10/11 CDBG ACTION PLAN: A Resolution of the City Commission of the City of Tamarac, Florida, approving an amendment to the fiscal year 2010/2011 Annual Action Plan for the expenditure of the U.S Department of Housing and Urban Development Community Development Block Grant funds for the eleventh program year (Case No. 27-MI-11) to provide for reallocation of funds, providing for conflict, providing for severability, and providing for an effective date. City Attorney Goren read TR12135 by title into the record. Vice Mayor Glasser moved, seconded by Commissioner Gomez, to approve TR12135. Housing Administrator Angela Bauldree made City staff's presentation. Mayor Bushnell opened the Public Hearing and with no one wishing to speak, closed the Public Hearing. The motion was approved unanimously (5-0). RESOLUTION R-2012-14 b. TR12136 - 1ST AMENDMENT - FY 2011/12 ACTION PLAN: A Resolution of the City _. Commission of the City of Tamarac, Florida, approving an amendment to the fiscal year 2011/12 Annual Action Plan for expenditure of US Department of Housing and Urban Development Community Development Block Grant funds for the twelfth program year (Case No.28-MI-11) to provide for reallocation of funds; providing for conflict, providing for severability, and providing for an effective date. City Attorney Goren read TR12136 by title into the record. Commissioner Gomez moved, seconded by Vice Mayor Glasser, to approve TR12136. Housing Administrator Angela Bauldree made City staffs presentation. Mayor Bushnell opened the Public Hearing and with no one wishing to speak, closed the Public Hearing. The motion was approved unanimously (5-0). RESOLUTION R-2012-15 10. ORDINANCE(S) —SECOND READINGS a. T02238 - CITY FURNITURE — REZONING: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, amending prior zoning of certain real estate property otherwise known as City Furniture from S-1 (Recreational District) to LI-1 (Light Industry District) for the property located at or around the southwest corner of Hiatus Road and McNab Road, Tamarac, Florida (Case No. 8-Z-10); providing for amendment of the official zoning map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read T02238 by title into the record. Commissioner Dressler moved, seconded by Commissioner Gomez, to approve T02238 on second reading. Community Development Director Bramley made City staff's presentation. Page 5 of 7 REGULAR COMMISSION MEETING January 25, 2012 Mayor Bushnell opened the Public Hearing. There were no public comments. The motion to adopt T02238 on second reading was approved unanimously (5-0) PASSED ON FIRST READING JANUARY 11, 2012 PASSED ON SECOND READING JANUARY 25, 2012 ORDINANCE NO. 0-2012-02 11. QUASI-JUDICIAL HEARING(S) a. TR12148 - SABAL PALM - MAJOR REVISED SITE PLAN: A Resolution of the City Commission of the City of Tamarac, Florida, issuing Revised Development Order No. 337.2 and granting Major Revised Site Plan approval with conditions to allow for the development of the Sabal Palm north property through structural and architectural modifications and landscaping improvements for the proposed use of two hundred and fifty-five (255) coach homes, replacing the previously approved two hundred and eighty-eight (288) townhomes and thirty-four (34) single family homes, for the property located north of Commercial Boulevard, just west of the Florida Turnpike, (Parcel A: a portion of tracts 4 and 5 of the "Fort Lauderdale Truck Farms Subdivision" of Section 13, Township 49 South, Range 41 East, Broward County, Florida, as recorded in Plat Book 4, Page 31, of the public records of Broward County, Florida; Parcel B: a portion of Tracts 2, 3, 4, 5, 6, and 12 of the "Fort Lauderdale Truck Farms Subdivision" of Section 13, Township 49 South, Range 41 East, Broward County, Florida, as recorded in Plat Book, 4, Page 31, of the public records of Broward County, Florida; Parcel C: a portion of Tracts 13, 14, and 15 of Section 12, Township 49 South, Range 41 East, and a portion of Tracts 2 and 3 of Section 13, Township 49 South, Range 41 East, according to the plat thereof of the "Fort Lauderdale Truck Farms Subdivision", as recorded in Plat Book 4, Page 31, of the public records of Broward County, Florida) (Case No. 21-SP-11); providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TR12148 by title into the record and explained the Quasi -Judicial procedures. Commissioner Gomez moved, seconded by Commissioner Swenson to approve T02240. City Clerk Richardson swore in those who wished to speak relative to this matter. Community Development Director Bramley made City staffs presentation. Mayor Bushnell opened the public hearing. Lawrence Seltzer outlined a number of traffic - related concerns about roadway width and turning movements. Tim Woods expressed concerns about fiscal -related impacts. Dr. Bob McKechnie said he was concerned about whether the speculative homes would sell and requested assurance that new homes would only be built if the existing housing stock were successfully sold. Bob Stortch expressed concern that building new homes would necessitate the construction of additional school facilities. The motion was adopted unanimously (5-0), RESOLUTION R-2012-16 Page 6 of 7 REGULAR COMMISSION MEETING January 25, 2012 12. OTHER: There being no further business to come before the City Commission, Mayor Bushnell adjourned the meeting at 11:32 a.m. �L Pamela Bushnell Mayor Peter M. J. Rich on, CRM, CIVIC City Clerk Page 7 of 7 REGULAR COMMISSION MEETING January 25, 2012 CITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY, JANUARY 25, 2012 CALL TO ORDER: Mayor Bushnell called the regular meeting of the City Commission to order at 9:00 a.m. on Wednesday, January 25, 2012 in City Commission Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. PRESENT: Mayor Pamela Bushnell, Vice Mayor Diane Glasser, Commissioner Marion Swenson, Commissioner Michelle J. Gomez and Commissioner Harry Dressler. ALSO PRESENT: City Manager Michael C. Cernech, City Attorney Samuel Goren and City Clerk Peter Richardson. PLEDGE OF ALLEGIANCE: Commissioner Gomez led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. JANUARY EMPLOYEE SERVICE AWARDS 5-Year Award: Linda Probert, Assistant Parks & Recreation Director, Parks & Recreation 10-Year Awards: James Bledsoe, Firefighter Paramedic, Fire Rescue; Jonathan Frasher, LT Paramedic, Fire Rescue; Lascelles Anderson, Equipment Operator II, Utilities 15-Year Award: Patrick Kendrick, Fire Division Chief, Fire Rescue 25- Year Award: Gary Jordan, Technical Support Representative II, Information Technology 2. CITY COMMISSION REPORTS: a. Commissioner Swenson: Congratulated all recipients of the employee service awards for their longevity of service to the citizens of Tamarac. b. Commissioner Gomez: Expressed grateful appreciation to everyone involved with the recent strategic planning meeting for the Mayor and City Commissioners. Expressed her support for the New York Giants in the forthcoming Championship Football Game. c. Vice Mayor Glasser: Expressed congratulations and appreciation to Sam Goren upon his recent recognition as the ADRC Volunteer of the Year. d. Commissioner Dressler: Expressed his support for the New England Patriots in the upcoming Championship Football Game. Noted that all of the City's pensions plans and finances in general were in excellent condition. Page 1 of 7 REGULAR COMMISSION MEETING January 25, 2012 e. Mayor Bushnell: Noted that it had been her pleasure to attend the recent grand opening of a new laser dental facility, including programs for sleep solutions. She also expressed appreciation for the remarkable professionalism of City staff at the recent Strategic Planning meeting. Noted that she had the pleasure of attending the ADRC dinner honoring Mr. Goren for being the organization's "Volunteer of the Year". 3. CITY ATTORNEY REPORT: Mr. Goren expressed appreciation to the Mayor and City Commissioners and Mr. Cernech for their kind words and support relative to the ADRC. Mr. Goren said he was very appreciative for the opportunity to volunteer with such a vital organization to serve the community's needs. Mr. Goren reported that the Federal District Court had issued a motion for summary judgment on January 17th in the Prestige Homes case. Mr. Goren said that the order by Judge Kathleen M. Williams was a serious and well -reasoned decision. He noted that there was a State court pending relative to this matter. Mr. Goren thanked the Mayor and City Commissioners and applicable City staff for their due diligence relative to these cases. Mr. Goren said the primary foci of the State legislature to date had been redistricting and budget -related matters. Mr. Goren stated that he would keep the Mayor and City Commissioners apprised about pertinent bills and legislation as they moved forward. Mr. Goren noted that the Florida Institute of Government would be offering a Regional Ethics Summit training this Friday in Oakland Park, offering seven hours of ethics training to locally elected officials. 4. CITY MANAGER REPORT: Mr. Cernech noted that a team representing the Tamarac Fire Rescue Department had recently participated in a competition in Daytona Beach and finished sixth out of nineteen teams, with the top six teams being separated by a total of only ten points. Mr. Cernech invited everyone to the Sweetheart Ball on Saturday, February 11th between 6 and 8 p.m., with a cost of $10.00 per couple or $5.00 per individual for dinner and dancing. He also noted that the Teen Summit about social awareness and related issues would be held on Saturday, February 25th between 9:00 a.m. and 12 Noon at the Tamarac Community Center. Mr. Cernech also stated that the twilight concert series would continue on Friday, March 16th between 7:00 and 9:00 p.m. for Jimmy and the Stowaways and The Strange Brew Band on Friday, April 13th at the Tamarac Sports Complex. Mr. Cernech stated that relative to nuisance abatements and the potential use of special assessments, City staff would be advertising applicable information to preserve the City Commission's options relative to this matter. On another note, Mr. Cernech said that there would be a practice site visit this week for the Governor's Sterling Award organization, including a visit by two examiners. Mr. Cernech congratulated Mr. Goren for receiving the ADRC Volunteer of the Year Award. Page 2 of 7 REGULAR COMMISSION MEETING January 25, 2012 5. PUBLIC PARTICIPATION: None. 6. CONSENT AGENDA: Mayor Bushnell asked City Manager Cernech if there were any changes or additions to this morning's consent agenda. City Manager Cernech said there were no changes or additions to the consent agenda. Vice Mayor Glasser moved, seconded by Commissioner Gomez, to approve the Consent Agenda as presented. The motion was approved unanimously (5-0). a. APPROVAL OF THE JANUARY 11, 2012 REGULAR COMMISSION MEETING MINUTES: APPROVED b. TR12142- APPROVAL OF HOME FY 11/12 INTERLOCAL AGREEMENT: A Resolution of the City Commission of the City of Tamarac, Florida, accepting the 2011-2012 fiscal year HOME Investment Partnership ("HOME") funds; authorizing the appropriate officials to execute an Interlocal Agreement for the designation of subrecipient and disbursement of HOME Program, fiscal year 2011-2012, with Broward County and subsequent agreements,if necessary, pending legal review; providing for conflicts; providing for severability; providing for an effective date. RESOLUTION R-2012-12 c. TR12144 - AUTHORIZATION TO EXECUTE FY 2011/12 RCMP GRANT FUNDS AGREEMENT: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to execute a grant agreement, pending legal review, in an amount not to exceed $100,000 with a 2:1 match in local funds, in an amount not to exceed $200,000 upon receipt of the agreement from the Florida Department of Emergency Management for Residential Construction Mitigation Program grant funds to improve storm resistance of residences in the City of Tamarac; providing for conflicts; providing severability; and providing for an effective date. RESOLUTION R-2012-13 7. REGULAR AGENDA — There were no Regular Agenda items scheduled for this meeting. 8. ORDINANCE(S) — FIRST READING a. T02239 - NON -REPRESENTED EMPLOYEES PENSION PLAN AMENDMENT: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida; on first reading amending Chapter 16, Pensions and Retirement, Article IX, Elected and Appointed Officers and Non -represented Employees Retirement Plan; amending the definition of "Compensation" in Section 16-901 of the Plan to exclude other non-taxable reimbursement, leave payments other than at separation and overtime in excess of 300 hours per year; amending Section 16-906(c) and (e) to lower the interest paid on a return of employee contributions from 4 percent to 2.5 percent; creating Section 16-906(k) to allow employees that were eligible for membership in the Plan but chose to remain in another City sponsored retirement plan at the time the Elected and Appointed Officers and Non -represented employees Retirement Plans was established to transfer into the Plan; providing for a savings clause; providing for severability; providing for codification and providing for an effective date. City Attorney Goren read T02239 by title into the record. Commissioner Dressler moved, seconded by Commissioner Gomez, to approve TR2239 on first reading. The motion was approved unanimously (5-0) PASSED ON FIRST READING JANUARY 25, 2012 Page 3 of 7 REGULAR COMMISSION MEETING January 26, 2012 b. T02240 - ARCHDIOCESE OF MIAMI (MCNAB) — REZONING: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first reading, amending prior zoning of certain real estate property otherwise known Archdiocese of Miami from A-1 (Limited Agricultural District) to LI-1 (Light Industrial District), for the property located south of NW 67 Street and north of State Street on the west side Nob Hill Road within the Tamarac Commerce Park at 6201 Nob Hill Road (A portion of Tract 4 of Section 7, Township 49 south, Range 41 east of the "Florida Fruit Lands Company's Subdivision No. 2, according to the plat thereof, as recorded in Plat Book 1, Page 102 of the public records of Palm Beach County, Florida) (Case No. 7-Z-11); providing for amendment of the official zoning map to reflect such change, providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read T02240 by title into the record. Commissioner Dressler moved, seconded by Commissioner Gomez, to approve T02240 on first reading. City Clerk Richardson swore in those who wished to speak relative to this matter. Planning and Zoning Manager Frank Zickar made City staff's presentation. Mayor Bushnell opened the Public Hearing. There were no public comments, other than a brief presentation by the petitioner's representative. The motion was approved unanimously (5-0) PASSED ON FIRST READING JANUARY 25, 2012 c. T02241 - ARCHDIOCESE OF MIAMI (NOB HILL) REZONING 7-Z-11: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first reading amending prior zoning of certain real estate property otherwise known Archdiocese of Miami from A-1 (Limited Agricultural District) to LI-1 (Light Industrial District), for the property located south of NW 67 Street and north of State Street on the west side Nob Hill Road within the Tamarac Commerce Park at 6201 Nob Hill Road (A portion of Tract 4 of Section 7, Township 49 South, Range 41 East of the "Florida Fruit Lands Company's Subdivision No. 2, according to the plat thereof, as recorded in Plat Book 1, Page 102 of the public records of Palm Beach County, Florida) (Case No. 7-Z-11); providing for amendment of the official zoning map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read T02241 by title into the record and explained the Quasi -Judicial procedures. Commissioner Dressler moved, seconded by Commissioner Gomez, to approve T02241 on first reading. City Clerk Richardson swore in those who wished to speak relative to this matter. Planning and Zoning Manager Frank Zickar made City staffs presentation. Mayor Bushnell opened the Public Hearing. There were no public comments, other than a brief presentation by the petitioner's representative. The motion was approved unanimously (5-0) PASSED ON FIRST READING JANUARY 25, 2012 d. T02242 - GENERAL EMPLOYEES' PENSION PLAN AMENDMENT Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida; on first reading amending Chapter 16, Pensions and Retirement, Article III, Pension Plan, amending the definition of average final compensation to exclude overtime in excess of 300 hours and payments for accrued, unused leave on or after November 9, 2011; amending Section 16- 198 (a), (b), and (c) to lower the interest paid on returns of employee contributions from 5 Page 4 of 7 REGULAR COMMISSION MEETING January 26, 2012 percent to 2.5 percent; providing for a savings clause; providing for severability; providing for codification and providing for an effective date. City Attorney Goren rest T02242 by title into the record. Commissioner Gomez moved, seconded by Commissioner Swenson, to approve T02242 on first reading. Motion passed unanimously (5-0) PASSED ON FIRST READING JANUARY 25, 2012 9. PUBLIC HEARING(S): a. TR12135 - 1ST AMENDMENT - FY 10/11 CDBG ACTION PLAN: A Resolution of the City Commission of the City of Tamarac, Florida, approving an amendment to the fiscal year 2010/2011 Annual Action Plan for the expenditure of the U.S Department of Housing and Urban Development Community Development Block Grant funds for the eleventh program year (Case No. 27-MI-11) to provide for reallocation of funds, providing for conflict, providing for severability, and providing for an effective date. City Attorney Goren read TR12135 by title into the record. Vice Mayor Glasser moved, seconded by Commissioner Gomez, to approve TR12135. Housing Administrator Angela Bauldree made City staff's presentation. Mayor Bushnell opened the Public Hearing and with no one wishing to speak, closed the Public Hearing. The motion was approved unanimously (5-0). RESOLUTION R-2012-14 b. TR12136 - 1ST AMENDMENT - FY 2011/12 ACTION PLAN: A Resolution of the City Commission of the City of Tamarac, Florida, approving an amendment to the fiscal year 2011/12 Annual Action Plan for expenditure of US Department of Housing and Urban Development Community Development Block Grant funds for the twelfth program year (Case No.28-MI-11) to provide for reallocation of funds; providing for conflict, providing for severability, and providing for an effective date. City Attorney Goren read TR12136 by title into the record. Commissioner Gomez moved, seconded by Vice Mayor Glasser, to approve TR12136. Housing Administrator Angela Bauldree made City staff's presentation. Mayor Bushnell opened the Public Hearing and with no one wishing to speak, closed the Public Hearing. The motion was approved unanimously (5-0). RESOLUTION R-2012-15 10. ORDINANCE(S) —SECOND READINGS a. T02238 - CITY FURNITURE — REZONING: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, amending prior zoning of certain real estate property otherwise known as City Furniture from S-1 (Recreational District) to LI-1 (Light Industry District) for the property located at or around the southwest corner of Hiatus Road and McNab Road, Tamarac, Florida (Case No. 8-Z-10); providing for amendment of the official zoning map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read T02238 by title into the record. Commissioner Dressler moved, seconded by Commissioner Gomez, to approve T02238 on second reading. Community Development Director Bramley made City staff's presentation. Page 5 of 7 REGULAR COMMISSION MEETING January 25, 2012 Mayor Bushnell opened the Public Hearing. There were no public comments. The motion to adopt T02238 on second reading was approved unanimously (5-0) PASSED ON FIRST READING JANUARY 11, 2012 PASSED ON SECOND READING JANUARY 25, 2012 ORDINANCE NO. 0-2012-02 11. QUASI-JUDICIAL HEARING(S) a. TR12148 - SABAL PALM - MAJOR REVISED SITE PLAN: A Resolution of the City Commission of the City of Tamarac, Florida, issuing Revised Development Order No. 337.2 and granting Major Revised Site Plan approval with conditions to allow for the development of the Sabal Palm north property through structural and architectural modifications and landscaping improvements for the proposed use of two hundred and fifty-five (255) coach homes, replacing the previously approved two hundred and eighty-eight (288) townhomes and thirty-four (34) single family homes, for the property located north of Commercial Boulevard, just west of the Florida Turnpike, (Parcel A: a portion of tracts 4 and 5 of the "Fort Lauderdale Truck Farms Subdivision" of Section 13, Township 49 South, Range 41 East, Broward County, Florida, as recorded in Plat Book 4, Page 31, of the public records of Broward County, Florida; Parcel B: a portion of Tracts 2, 3, 4, 5, 6, and 12 of the "Fort Lauderdale Truck Farms Subdivision" of Section 13, Township 49 South, Range 41 East, Broward County, Florida, as recorded in Plat Book, 4, Page 31, of the public records of Broward County, Florida; Parcel C: a portion of Tracts 13, 14, and 15 of Section 12, Township 49 South, Range 41 East, and a portion of Tracts 2 and 3 of Section 13, Township 49 South, Range 41 East, according to the plat thereof of the "Fort Lauderdale Truck Farms Subdivision", as recorded in Plat Book 4, Page 31, of the public records of Broward County, Florida) (Case No. 21-SP-11); providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TR12148 by title into the record and explained the Quasi -Judicial procedures. Commissioner Gomez moved, seconded by Commissioner Swenson to approve T02240. City Clerk Richardson swore in those who wished to speak relative to this matter. Community Development Director Bramley made City staff's presentation. Mayor Bushnell opened the public hearing. Lawrence Seltzer outlined a number of traffic - related concerns about roadway width and turning movements. Tim Woods expressed concerns about fiscal -related impacts. Dr. Bob McKechnie said he was concerned about whether the speculative homes would sell and requested assurance that new homes would only be built if the existing housing stock were successfully sold. Bob Stortch expressed concern that building new homes would necessitate the construction of additional school facilities. The motion was adopted unanimously (5-0), RESOLUTION R-2012-16 Page 6 of 7 REGULAR COMMISSION MEETING January 25, 2012 12. OTHER: There being no further business to come before the City Commission, Mayor Bushnell adjourned the meeting at 11:32 a.m. Pamela Bushnell, Mayor Peter M. J. Rich on, CRM, CIVIC City Clerk Page 7 of 7 REGULAR COMMISSION MEETING January 25, 2012