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HomeMy WebLinkAbout2021-11-10 - City Commission Regular Meeting MinutesCity Commission Minutes Wednesday, Nov. 10, 2021 City Commission Chamber CALL TO ORDER: Mayor Gomez called the regular City Commission meeting, Wednesday, Nov. 10, 2021, being held in Commission Chamber, to order at 7:02 p.m. ROLL CALL: Present were Commissioner Marlon Bolton, Commissioner Mike Gelin, Commissioner Debra Placko and Mayor Michelle J. Gomez. Vice Mayor Villalobos was in attendance virtually. Also present were Interim City Manager, Kathleen Gunn, City Attorney John Herin, and City Clerk Jennifer Johnson. Special Counsel Max Lohman was present virtually. PLEDGE OF ALLEGIANCE: Members of the Veterans Affairs Committee led the Pledge of Allegiance 1. CITY ATTORNEY REPORT a. Discussion related to the Peyton Whitfield litigation City Attorney, John Herin, stated, consistent with the direction of the Commission, a proposed settlement agreement had been sent to the Ms. Whitfield, and it absolves the City of any further liability with regard to Ms. Whitfield's claim against the City. Commissioner Gelin motioned to approve, and Vice Mayor Villalobos seconded. Clerk Johnson conducted a roll call vote, and the motion carried unanimously 5-0. 2. CITY MANAGER REPORT a. Investment Report - September 2021 Investment Report - September 2021 Interim City Manager, Kathleen Gunn, announced the City would be hosting its Veterans Day Memorial tomorrow, at Veterans Park, at 10 a.m. Mayor Gomez asked if there were any additions or deletions to the agenda. Gunn stated yes. The hearing on item 7b, is subject to a Court Order enjoining the City from taking any action until the court has conducted a full hearing on 13th Floor's Motion for Temporary Injunctive Relief, which is scheduled for November 18th @ 10:00 via Zoom before the Honorable Judge Frink. Pending the outcome of that hearing the item may be re -noticed for public hearing at a future date. No motion is required as the City Commission is prohibited by Order of the Court from taking action on this item. Accordingly, no action can be taken on Agenda Items 8a or 9a, as they cannot be considered unless or until Agenda Item 7b is approved. I PUBLIC PARTICIPATION Any member of the public may speak to any issue that is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. When an issue has been designated as quasi-judicial, public remarks shall only be heard during a quasi-judicial hearing that has been properly noticed for that matter. Members of the public wishing to provide comments to the members of the City Commission on any matter, including items on the agenda, may submit their comments by email to CityClerk@Tamarac.org. All comments submitted by email shall be made part of the public record. The City has authority under the City Code to regulate the manner in which public comments are made during any public meetings. Please be advised, the City will not read publicly any emails. ANNOUNCEMENT OF TIME ALLOCATIONS -MOTIONS TO TABLE The Chair at this time will announce those items that have been given a specific time to be heard, and will entertain motions from the Commission members to table those items that require research. The Commission may agendize by majority consent matters of an urgent nature which have come to the Commission's attention after publication. City Attorney Herin provided the rules for public participation. Interim City Manager Gunn stated any comments, made by the public, on items 7.b., 8.a., or 9.a., may be made during public participation but will not be part of the public hearing. Mayor Gomez opened for public comments. 1. Carol Mendelson, of 8021 NW 72" Street, expressed her concerns about the behavior of the members of the Commission. Mendelson continued stating, working alongside difficult personalities is a challenge, but encouraged them to put their differences aside in a manner befitting their position. She stated the city deserves better, and she will work to achieve that during the next election. The following individuals provided comments in opposition of The Woodlands project. 1. Chris Hodgkins of 4905 Woodlands Blvd. 2. Penny Coleman of 5806 Australian Pine Drive 3. Leo Nolan of 5806 Australian Pine Drive 4. William Goffinet of 5106 Bayberry Drive 5. Sue Daspit of 5203 Bayberry Lane 6. Phil Daspit of 5203 Bayberry Lane 7. Jeff Smoley of 4714 Banyan Lane 8. Mary Soto of 6103 Orchard Tree Lane 9. Richard Grinnage of 5400 White Oak Lane 10. Diana Barillo of 5105 N. Travelers Palm Lane 11. Ilene Lieberman of 4809 Woodlands Blvd. 12. Charles Nicholson of 4903 Woodlands Blvd. 13. Stanley Tracey of 5708 Guava Drive 14. Ron Wasserman of 8577 Jade Drive 15. Diane Rechner of 5968 NW 55th Lane 16. Michael Farago of 5107 Yellow Pine Lane 17. Paula Dasilva of 5717 White Hickory Circle 18. Anthea Pennant of 5161 Yellow Pine Lane 19. Jeffrey Shapiro of 6104 Orchard Tree Lane The following individuals provided comments in favor of The Woodlands project. 1. Barry Bleit of 5007 N. Travelers Blvd. 2. Liz Cruz of 6004 Magnolia Circle 3. Justine Bryan of 6004 Magnolia Circle 4. Doug Fairweather of 5006 Bayberry Lane 5. Tao Pan of 4406 Queen Palm Lane 6. Christine Vaccaro of 5206 N. Travelers Palm Lane 7. Gilles Boudreau of 5712 Coco Palm Drive 8. Alan Calnek of 4953 NW 59' Street 9. Wayne Wise of 5208 Buttonwood Court 10. Ed Brown of 4605 Norfolk Island Pine Drive 11. Mary Brown of 4605 Norfolk Island Pine Drive 12. Suzanne Schulman of 4610 King Palm Drive 13. Julius Torres of 4706 Bayberry Lane 14. Helmuth Nelson of 5308 W. Palm Circle 15. Michael Coard of 5609 Mulberry Drive 16. Bob Wood of 5709 Coco Palm Drive 17. Mari Donofrio of 5908 Caribbean Pine Circle 18. Alan Wise of 5208 Buttonwood Court 19. Cecilia Kleinrichert of 6203 Hazelwood 20. Karen Wood of 5709 Coco Palm Drive 21. Harvey Quintin of 5415 Banyan Lane 22. Jim McDaniel of 6203 Royal Poinciana Lane 23. Walt Siwierka of 6203 Royal Poinciana Lane 24. Patricia Fox of 5601 Mulberry Drive There being no other speakers, Mayor Gomez closed public comments. 4. CONSENT AGENDA a. TR13475 - Citywide Culvert and Headwall Improvements A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 21-02B to and approving an Agreement with the Stout Group, LLC. for the construction of Phase VI of the Citywide Culvert Headwall Installation Project, in accordance with Bid No. 21-02B for a contract amount of $453,560.00; a contingency in an amount of $45,356.00 will be added to the project account, for a total project budget of $498,916.00; authorizing an appropriation for the receipt and expenditure of the Florida Department of Environmental Protection (FDEP) Grant and for the total project budget, to be included in a future Budget Amendment pursuant to F.S. 166.241(2); authorizing an expenditure from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. b. TR13692 -Lift Station Generators -Installation Project A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid Number 21-05B and approving an agreement with All Florida Contracting Services, LLC for the construction of the lift station generators project in the amount of $616,310.00, a contingency of $61,631.00 (10%) will be added to the account for a project total of $677,941.00; authorizing an appropriation for the receipt and expenditure of the Florida Division Of Emergency Management (FDEM), in an amount of $431,668.50, and Florida Department Of Economic Opportunity (FDEO), in an amount of $353,000.00 and for the total project budget, to be included in a future budget amendment pursuant to F.S. 166.241(2); authorizing the appropriate City Officials to administer the contract; providing for conflicts; providing for severability; and providing for an effective date. C. TR13702- Shenandoah Cleaning and Repair for Stormwater and Wastewater Lines A Resolution of the City Commission of the City of Tamarac, Florida, authorizing and approving Amendment Number 1 to the Agreement with Shenandoah General Construction Company for Citywide Storm Drain Pipe and Culvert Cleaning; authorizing an expenditure from the appropriate accounts not to exceed the approved budget annually for said purpose; effective upon approval through September 20, 2022; authorizing proper city officials to execute contract renewals; providing for conflicts; providing for severability; and providing for an effective date. d. TR 13704 - Streets and Water Equipment Purchase A Resolution of the City Commission of the City of Tamarac, Florida, approving and authorizing the purchase of two (2) John Deere 410L Backhoes for Streets and Water Divisions, utilizing competitive procurement methods and current agreements available for cooperative purchases at the time of purchase including agreements awarded by the Florida Sheriffs Association Contract Number FSA20-EQU18.0, in a total amount not to exceed $304,768.25 authorizing an expenditure in the amount not to exceed $304,768.25 from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. Mayor Gomez confirmed there were no additions or deletions, and asked for a motion. Commissioner Placko motioned to approve, and Vice Mayor Villalobos seconded. Clerk Johnson conducted a roll call vote, and the motion to approve carried unanimously 5-0. 5. REGULAR AGENDA None. 6. ORDINANCE(S) - FIRST READING None. 7. ORDINANCE(S) - SECOND READING a. T02484 - Amending Ordinance 2021-023 FY 2021 Operating and Capital Budget An Ordinance of the City Commission of the City of Tamarac, Florida, amending Ordinance 2021- 023, which amended the City of Tamarac Operating Budget, Revenues and Expenditures, the Capital Budget, and the Financial Policies for the Fiscal Year 2021, by increasing the total revenues and expenditures by a total of $8,913,300, as detailed in Attachment A attached hereto and summarized in Attachment B; providing for conflicts; providing for severability; providing for an effective date. City Attorney Herin read the title for the record. Commissioner Bolton motioned to approve, and Commissioner Placko seconded. Mayor Gomez opened for public comments, there being none, Mayor Gomez closed public comments. Clerk Johnson conducted a roll call vote, and the motion to approve carried 3-2. Commissioner Placko, Vice Mayor Villalobos and Mayor Gomez were in favor. Commissioner Bolton and Commission Gelin voted no. b. T02402 - Large Scale Land Use Map Change of "The Woodlands", located at or bounded by West Commercial Boulevard to the North, Rock Island Road to the East, NW 64 Avenue to the West and NW 44 Street to the South to change the future land use designation of approximately 165.53 gross acres of land from "Commercial Recreation" to "Low (0-5) Residential" An Ordinance of the City Commission of the City of Tamarac, Florida, adopting a Large Scale Land Use Plan Amendment to the City of Tamarac's Comprehensive Plan Future Land Use Map in accordance with chapter 163, specifically section 163.3184 of the Florida state statutes, for said lands situated, lying, and being in Broward County, Florida, and known as "The Woodlands" and located at or bounded by West Commercial Boulevard to the north, Rock Island Road to the east, NW 64 Avenue to the west and NW 44 Street to the south, and more particularly described in the legal description shown in Exhibit "A" attached hereto, to change the future land use designation of approximately 165.53 gross acres of land from "Commercial Recreation" to "Low (5) Residential" to facilitate and allow for the development of a residential use, restricted to (0-3) dwelling units per acre, by Michael Nunziata of 13th Floor Woodlands HB GP, designated agent for the property owner, Clublink US Corporation and provide consistency with the Land Development Code in accordance with the intent of the Comprehensive Plan of the City of Tamarac; (Case No. 1-LUA- 19) authorizing transmittal of the Large Scale Land Use Map Amendment (No. 20- 01 ESR - Woodlands) to the department Of Economic Opportunity and appropriate reviewing agencies and the Broward County Planning Council for review, approval and recertification of the City of Tamarac Future Land Use Map; providing for amendment to the Land Use Plan to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. Mayor Gomez read the title for the record and stated this item is subject to court order enjoining the city from taking action until the court has conducted a full hearing on the 13th Floor motion for temporary injunctive relieve, which is scheduled for November 18' at 10 a.m. via Zoom before the Honorable Judge Frink. Pending the outcome of that hearing, the item may be re -noticed for public hearing at a future date. No motion is required as the City Commission is prohibited by order of the court from taking any action on this item. Accordingly, no action can be taken on agenda Items 8A or 9A, as they cannot be considered unless or until Agenda Item 7B is approved. 8. QUASI-JUDICIAL HEARING(S) a. T02403 - Rezoning of "The Woodlands", located at or bounded by West Commercial Boulevard to the North, Rock Island Road to the East, NW 64 Avenue to the West and NW 44 Street to the South - approx. 115.86 acres from RC (Recreation) zoning classification to RE (Residential Estate) zoning classification and approximately 49.67 acres from RC (Recreation) to R-2 (Two Family Residential) zoning classification An Ordinance of the City Commission of the City of Tamarac, Florida.. amending the Official Zoning Map of the City of Tamarac referenced in Section 10-2.1(B) of Chapter 10 of the City of Tamarac Code of Ordinances for said lands situated, lying, and being in Broward County, Florida, and known as "The Woodlands" and located at or bounded by West Commercial Boulevard to the north, Rock Island Road to the east, NW 64 Avenue to the west and NW 44 Street to the south, and more particularly described in the legal description shown in Exhibit "A" attached hereto, to rezone approximately 115.86 acres from RC (Recreation) zoning classification to RE (Residential Estate) zoning classification and to rezone approximately 49.67 acres from RC (Recreation) to R-2 (Two Family Residential) zoning classification, to facilitate the development of a residential use by Michael Nunziata of 13th Floor Woodlands HB GP, designated agent for the property owner, Clublink US Corporation and provide consistency with the Land Development Code in accordance with the intent of the Comprehensive Plan of the City of Tamarac; (Case No. 3-Z-19); providing for amendment to the Official Zoning Map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. Mayor Gomez read the title for the record and stated, no action may be taken on this item as the requested rezoning cannot be considered without the Land Use first being adopted. 9. PUBLIC HEARING(S) a. TO 2488 - Development Agreement between Woodlands Club Holdings, LLLP and the City of Tamarac for the development of a maximum of 397 single family dwelling units, a new clubhouse and amenity campus An Ordinance of the City Commission of the City of Tamarac, Florida, providing notice of intent to approve a development agreement between Woodlands Club Holdings, LLLP and the City of Tamarac, for the development of a maximum of 397 single family dwelling units, not to exceed 30 ft. In height, located within residential pods, developed at a maximum density of 2.4 dwelling units per gross acre; a new clubhouse and amenity campus, not to exceed 60 ft. In height, located within the recreation pod; and accessory commercial uses incidental to the single family dwelling units; and a minimum of 160 acres of open space, for the development of property known as "The Woodlands" bounded by West Commercial Boulevard to the north, Rock Island Road to the east, NW 64 Avenue to the west, and NW 44 Street to the south; as more fully described in the development agreement attached hereto as Exhibit "A"; authorizing the appropriate city officials to do all things necessary to effectuate the intent of this ordinance; providing for conflicts; providing for severability; and providing for an effective date. Mayor Gomez read the title for the record and stated, no action may be taken on this item as the consideration of a development agreement is moot unless or until Items 7B and 8A are approved. Mayor Gomez announced that Special Counsel, Max Lohman would be exiting the meeting. 10. OTHER a. City Commission Questions/Direction to the Interim City Manager or the City Attorney Commissioner Bolton asked that Ms. Lieberman get the BSO records she is requesting from the City Clerk. Commissioner Gelin departed the meeting at 9:07 p.m. There being nothing further to discuss, Mayor Gomez adjourned the meeting at 9:18 p.m. Minutes transcribed and submitted by City Clerk Jennifer Johnson. Je fir Johns 11. C C V• Mich Ile J. Gomez, Iv1ay Note to the reader: The above signature is the City Clerk, of the City of Tamarac, Florida. If the minutes you have received are not signed, or completed as indicated above, they are not the official minutes of the Tamarac City Commission Meeting held Wednesday, Nov. 10, 2021. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. The City of Tamarac complies with the provisions of the Americans with Disabilities Act. If you are a disabled person requiring any accommodations or assistance, please notify the City Clerk's Office at (954) 597-3505 of such need at least 48 hours (2 days) in advance. Additionally, if you are hearing or speech impaired and need assistance, you may contact the Florida Relay Service at either of the following numbers: 1-800-955-8770 or 1-800-955-8771. O SIGN-UP SHEET REGULAR CITY COMMISSION MEETING NOVEMBER 10, 2021 PLEASE PRINT FULL NAME * ADDRESS * PHONE NO. PRINT NAME ADDRESS PHONE ITEM# / cao f gl6,4,j17� P h 01emct ;�6�33D�- 0 . 0 - I `✓? 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