Loading...
HomeMy WebLinkAbout2019-04-24 - City Commission Regular Meeting Minutes CITY OF TAMARAC CITY COMMISSION MEETING WEDNESDAY, APRIL 24, 2019 CALL TO ORDER: Mayor Gomez called the Commission Meeting of the City of Tamarac to order at 9:03 a.m. on Wednesday, April 24, 2019, in City Commission Chambers, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321. ROLL CALL: Mayor Michelle J. Gomez, Vice Mayor Debra Placko, Commissioner Mike Gelin and Commissioner Julie Fishman were in attendance. Commissioner Marlon Bolton arrived at 9:07 a.m. Also in attendance were City Manager Michael Cernech, City Attorney Samuel S. Goren and City Clerk Patricia A. Teufel. PLEDGE OF ALLEGIANCE: Mayor Gomez led the Pledge of Allegiance. Mayor Gomez moved out of the order of the agenda and recognized Broward County School Board Member Lori Alhadeff, Broward County Commissioner Michael Udine and Former Tamarac Mayor Beth Talabisco who were in attendance at the meeting. Mayor Gomez invited BSO Sheriff Gregory Tony to provide an update on the incident that took place between BSO Deputies and Students at the McDonald's on Pine Island on April 18, 2019. Sheriff Tony said an Internal Affairs investigation has been instituted and the State Attorney's Office is also investigating the incident. Sheriff Tony said the two deputies involved have been suspended and other disciplinary actions are being looked at. This will be investigated thoroughly in order to get due justice and this will not be tried by public opinion. He will be objective and fair and all BSO employees will be held to the same standard as we don't want to create further rifts and conflicts in the community. Commissioner Gelin thanked Sheriff Tony for being here this morning and mentioned that he had spoken with him last weekend at another meeting that had been planned prior to the incident on April 18, 2019. Commissioner Gelin talked about the North Broward College Graduation for Police Officers where the guest speaker told them that as of that day they gave up the right to have a bad day. Commissioner Gelin commented that the actions of the three deputies was inappropriate. Commissioner Gelin said he understands due process and also understands Sheriff Tony would be making a mistake by taking any action before the investigations have been completed. Sheriff Tony said that it would set poor precedent to remove the deputies before the investigation has been completed. Commissioner Gelin read a letter of formal request to have the three deputies reassigned to another City, a copy of which is attached hereto and incorporated herein. City Attorney Goren talked about what Tamarac can and cannot do as it relates to the Contract that Tamarac has with BSO. Mayor Gomez expressed her concern about encroaching upon Sheriff Tony's powers and wants to see the contract with BSO. Commissioner Gelin seconded by Commissioner Bolton made a motion that the three deputies be removed from working in Tamarac. Commissioner Gelin said we are not encroaching we have a contract and we have the right to request the removal of the deputies through the City Manager. Page 1 of 11 COMMISSION MEETING April 24, 2019 Commissioner Bolton thanked Sheriff Tony to address the Commission about the incident. Commissioner Bolton said he saw the video and it was heartbreaking. Commissioner Bolton said he does not see why the third deputy should not be removed as all three were abusing the student. Sheriff Tony repeated that investigations have been opened relative to the two deputies, we are looking at body cam video, the McDonald's video and we are interviewing witnesses. We don't want to jump to any conclusions. Commissioner Bolton again asked why the third deputy was not removed. Sheriff Tony said he will not be held as if he was a suspect of anything. The will be held accountable and he will not stand there and be lectured about investigative procedures. Mayor Gomez said unjustified force should not be used and does not like what she saw but they are not the judge and jury on this matter. Mayor Gomez called for the vote on Commissioner Gelin's motion that he made earlier. Motion passed (4-1) with Mayor Gomez dissenting. Broward School Board Member Lori Alhadeff talked about the need to figure out how to provide after school activities for the students at the school and work with the Commiunity to meet the needs of the students and keep them engaged. Dr. Osgood expressed her outrage over the incident and we need to meet with the students in a controlled environment. We have to stand up for our children and protect them. Mayor Gomez said she believes in the process and believes Sheriff Tony will do his job. Mayor Gomez asked Commissioner Udine for his comments. Commissioner Udine said he was shocked and horrified when he saw the video and said we have the duty to protect children of all races and religious beliefs. This community needs to come together on this issue. There is no need for a young black student to be treated this way. Commissioner Udine commented that he was grateful that the State Attorney dropped the charges against the two students. Commissioner Udine said he has reached out to Broward County Transit because of the down time from when the students are released from school until the bus arrives. Commissioner Gelin expressed his condolences to Ms. Alhadeff on the loss of her daughter and talked about being a student in Brooklyn, NY and having to go through metal detectors. Commissioner Gelin said arresting students for fighting is wrong and we need to find ways for them to resolve their issues. Commissioner Bolton said since the Motion carried what happens next and does their decision bear any weight and asked City Attorney Goren to explain the process. City Attorney Goren said the letter that Commissioner Gelin read is directed to the City Manager and by the 4 to 1 vote asked the City Manager to do something about this. City Manager Cernech said he has the letter and direction from the Commission and will report back to the Commission. Vice Mayor Placko said this violence is not acceptable and we need to do whatever we have to do to make sure this does not happen again. We need to do something as a community to bring about peace and take care of all of our children and encouraged people to get involved. Mayor Gomez move back into the order of the agenda. 1. PROCLAMATIONS AND PRESENTATIONS: Page 2 of 11 COMMISSION MEETING April 24, 2019 a. Presentation of a check by the Mayor, City Commission and Employees of the City of Tamarac, in the amount of $34,000 to the United Way of Broward County, representing the City of Tamarac's 2018 Employee Campaign total. Accepting on behalf of the United Way, President Kathleen Cannon (Requested by Human Resources Director Lerenzo Calhoun and Fire Chief Percy Sayles) b. Presentation by Mayor Michelle J. Gomez of Employee Service Awards: 5 - Year Awards: Laura Karpaviciute, Assistant to the City Manager, City Manager; George Folles, Chief Structural Inspector, Building; Bryan Farrow, Project Manager, Public Services; Ronald Klein, Building Maintenance Tech, Public Services 10 - Year Award: Alexander Quintero, Groundskeeper Crewleader, Public Services 15 - Year Awards: Daniel Acosta, Firefighter Paramedic, Fire Rescue; Eduardo Alves, Firefighter Paramedic, Fire Rescue; Nelsy Billinger, Firefighter Paramedic, Fire Rescue; Derek Cerny, Battalion Chief, Fire Rescue; William Duesler, Captain Paramedic, Fire Rescue Maria Garnica, Firefighter Paramedic, Fire Rescue; Chi Lui, Driver Engineer Paramedic, Fire Rescue; Ryan Lynch, Firefighter Paramedic, Fire Rescue; Freddy Matos, Firefighter Paramedic, Fire Rescue; Chad Musselwhite, Firefighter Paramedic, Fire Rescue; Alan Lam, Project Engineer, Public Services; Krste Klimoski, Fleet Mechanic, Public Services c. 1st Quarter Beautification Awards 2019: Commercial: Mural Development LLC, 6510-6590 N. University Dr., Tamarac, FL District 1: Tommie B Jr. &Vera Butts, 5730 NW 54th Terr., Tamarac, FL District 2: Kevin P. Payne, 9205 NW 67th St., Tamarac, FL District 3: Yung Hui Su & Chao Qun, 8102 NW 106th Ave., Tamarac, FL District 4: Kenneth & Maria Rader; Susanna & Elkhattabi M. Luna, et al, 8330 NW 73rd St., Tamarac, FL d. Presentation of a Proclamation by Mayor Michelle J. Gomez Commending HandsOn Broward for the Makeover at Tamarac Elementary on January 15, 2019. (Requested by Commissioner Julie Fishman) e. Presentation of a Proclamation by Mayor Michelle J. Gomez Commending the Kao USA for the Makeover at Tamarac Elementary on January 15, 2019. (Requested by Commissioner Julie Fishman) f. Presentation of a proclamation by Mayor Michelle J. Gomez proclaiming the month of May 2019 as "Building Safety Month" (Requested by Chief Building Official/Director Claudio Grande) g. Presentation of a proclamation by Mayor Michelle J. Gomez proclaiming the Month of April 2019 as "Autism Awareness Month". (Requested by Commissioner Marlon Bolton) Mayor Gomez recessed the meeting at 10:33 a.m. and reconvened the meeting at 10:52 a.m. with all present as before 2. CITY COMMISSION REPORTS: a. Commissioner Bolton: Commissioner Bolton reported that he attended various HOA meetings during the last two weeks. Commissioner Bolton read a letter dated April 22, 2019 Page 3 of 11 COMMISSION MEETING April 24, 2019 into the record, a copy of which is attached hereto and incorporated herein. Commissioner Bolton asked City Manager Cernech to take this matter into consideration so that at some point it can be added to the CIP. Commissioner Bolton said he attended the Broward County Black Elected Officials Meeting where he met and talked with Sheriff Tony. Commissioner Bolton thanked staff for their presentation at the District 2 Neighborhood Commission Meeting. Commissioner Bolton said they need to look at shortening their reports. b. Commissioner Gelin: Commissioner Gelin gave a presentation about police brutality and accountability, a copy of which is on file in the City Clerk's office. Commissioner Gelin read an email from a woman whose son is autistic and the need for officers to be trained relative to dealing with persons with autism. Commissioner Gelin talked about being arrested 4 years ago for no reason and then having the charges dropped. Commissioner Gelin said police brutality affects everyone. Commissioner Gelin showed two videos showing bad police behavior. Commissioner Gelin asked to do a feasibility study to have our own police department. c. Commissioner Fishman: Commissioner Fishman said last Thursday Tamarac became headline news when deputies took down a black youth, shoved his head into the pavement and hit his head repeatedly. Commissioner Fishman said the violence shown in the video was unacceptable to her as a mother. Commissioner Fishman said she has spoken with some people who could not understand why there was such anguish from the African American Community and she explained that when an incident like this happens, people of color don't see just this incident, they see a history of violence and police brutality spanning generations of what has happened to people of color and who have never received justice. Commissioner Fishman talked about being Jewish and being taught to never forget the Holocaust so that something like that never happens. When looking at how we get beyond this incident, we need to recognize and accept the history of violence done to those in the African American Community. Commissioner Fishman invited people to join her on May 1st at 6:00 p.m. at the Tamarac Community Center to "Let's Talk About Race and Equity" which is part of the 10 Days of Connection where opportunities to connect with others across line of difference will be offered. You can register for the event through Eventbright. d. Vice Mayor Placko: Vice Mayor Placko reported on University Hospital's Pavilion which is a 70-bed center for behavioral issues. This was created as a separate space from the ER with separate calming and relaxing rooms for children who are brought in. There is also a shower as well. When people are brought in they evaluate each person. University Hospital is trying to upgrade the Hospital and make the environment better for people when they are there. e. Mayor Gomez: Mayor Gomez wished all Administrative Professionals a Happy Administrative Professionals Day and thanked everyone for their hard work. Mayor Gomez said that she will forego her report today. 3. CITY ATTORNEY REPORT: City Attorney Goren had no report. 4. CITY MANAGER REPORT: Community Development Director Calloway said the Building Department reports that permits for Phase 1 of the Tamarac Village Project, including the clubhouse, were recently issued and the Demo permits for the old cart barn at Colony West has been approved and should begin this week. Page 4 of 11 COMMISSION MEETING April 24, 2019 City Manager Cernech said Community Development reports that Tamarac is now a So!smart City which is a national designation program designed to recognize communities that have taken steps to address local barriers to solar energy and foster the growth of mature local solar markets. City Manager Cernech thanked Community Development Director Calloway Chief Building Official/Director Grande and Assistant Building Director Richardson in helping get Tamarac designated at the Silver Level. Upcoming events: Groove in the Grass Concert in the Park, featuring country music from the band "Whisky Six", will take place on Friday, May 17th from 7:00 p.m. to 9:00 p.m. at the Sports Complex. The Movie in the Park, featuring "Ralph Breaks the Internet" will take place at the Sports Complex on Friday, May 3rd from 6:30 p.m. to 9:00 p.m. with pre-movie activities taking place at 6:30 p.m. and the movie starting at 8:00 p.m. The Mother's Day Splatter and Paint Party will be held on Saturday, May 4th at Tamarac Park from 10:00 a.m. to noon. The program is for ages 4 and up and the cost is $5.00 per person and you must register by May 1 st City Manager Cernech said Public Services will be hosting the Hazardous Waste and E- Waste Disposal Program on Saturday, May 4th from 9:00 a.m. to 2:00 p.m. at the Public Services Complex located at 6011 Nob Hill Road and for more information please call 954- 597-3737. 5. PUBLIC PARTICIPATION: Mayor Gomez opened Public Participation and the following individuals spoke: Nancy Metayer, 9833 54th Place, Corals Springs, FL, talked about the incident that took place on April 18, 2019. 111 6. CONSENT AGENDA: Mayor Gomez asked is there were any changes/additions to the Consent Agenda and City Manager Cernech said we will be adding TR13266 to the consent agenda as item 6 (d) - Resolution in Support of Broward County's Resolution re Appropriation of Affordable Housing Funds — 2019. City Attorney Goren read TR12266 by title into the record. MC asked if there were any other additions to the Consent Agenda and City Manager Cernech said TR13259 is being added as item 6(e) — Appointing 1 Regular Member to the Planning Board and TR13261 as Item 6 (f) — Appointing 1 Regular Member to the Public Art Committee. Commissioner Bolton said he would like to make his appointment to the Planning Board and appointed Nikole Cleare. City Attorney Goren said the City Clerk can amend the Resolution appointing Nikole Cleare. Commissioner Gelin seconded by Commissioner Bolton moved approval of the consent agenda as amended. Motion passed unanimously (5-0). There was a discussion about putting the structure and powers of the Boards and Committees on a workshop for discussion. a. Approval of the March 27, 2019 Regular Commission Meeting Minutes - APPROVED b. TR 13247 - Awarding Bid No. 19-14B for the Pine Island Pedestrian Crossing: A Resolution of the City Commission of the City of Tamarac, Florida awarding Bid No 19-14B to and approving an Agreement with Horsepower Electric, Inc. ("Horsepower Electric"), for the Tamarac Pine Island Road Pedestrian Crosswalks Project — located on Pine Island Road near intersections of NW 57th Street and NW 67th Court ,in accordance with Bid No 19-14B for a contract amount of $311,850.66; a contingency in the amount of $31,185.06 will be added to the project account, for a total project budget of $343,035.73; authorizing an Page 5 of 11 COMMISSION MEETING April 24, 2019 expenditure from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2019 - 28 c. TR13248 - FPL Easement for Colony West Clubhouse: A Resolution of the City Commission of the City of Tamarac, Florida, approving the granting of a perpetual easement to Florida Power and Light for the installation of underground utility facilities at the Colony West Clubhouse Project located at 6800 NW 88th Street; authorizing the appropriate City Officials to execute said perpetual easement to Florida Power and Light for the installation of underground utility facilities at the Colony West Clubhouse Project located at 6800 NW 88th Street; authorizing and directing the City Clerk to record said Agreement in the Public Records of Broward County; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2019 - 29 d. TR13266 - A Resolution Of The City Commission of the City of Tamarac, Florida supporting the Broward County Board of County Commissioners Resolution adopted on December 4, 2018, attached hereto as Exhibit "A", supporting the full funding of the Sadowski Housing Trust Fund and Senate Bill 70 and any companion bills filed during the 2019 Regular Legislative Session to prevent the diversion of monies that should properly remain in the State and Local Government Housing Trust Funds.; providing for conflicts; providing severability; and providing for an effective date. RESOLUTION R-2019 - 30 e. TR13259 — Appointing Members to the Planning Board: A Resolution of the City Commission of the City of Tamarac, Florida, appointing two (2) Regular Members to the Planning Board; providing for conflicts; providing for severability; and providing an effective date. RESOLUTION R-2019 - 31 f. TR13261 — Appoint a Member to the Public Art Committee: A Resolution of the City Commission of the City of Tamarac, Florida, appointing one (1) Member to the Public Art Committee; providing for conflicts; providing for severability; and providing an effective date. RESOLUTION R-2019 - 32 7. REGULAR AGENDA: There were not Regular Agenda items scheduled for this meeting. 8. ORDINANCE(S) - FIRST READING: There were no Ordinance(s) — First Reading scheduled for this meeting. 9. PUBLIC HEARING(S): There were no Public Hearing(s) items scheduled for this meeting. 10. ORDINANCE(S) - SECOND READING: a. TO2390 - 1st Budget Amendment: An Ordinance of the City Commission of the City of Tamarac, Florida, amending Ordinance 2018-12, which adopted the City of Tamarac Operating Budget, Revenues and Expenditures, the Capital Budget, and the Financial Policies for the Fiscal Year 2019, by increasing the total revenues and expenditures by a total of $2,992,471 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 Page 6 of 11 COMMISSION MEETING April 24, 2019 Goren read T02390 by title into the record. Vice Mayor Placko seconded by Commissioner Fishman moved approval of TO2390 on second reading. Mayor Gomez opened the Public Hearing and with no one wishing to speak, closed the public hearing. Motion passed unanimously (5-0). PASSED ON FIRST READING APRIL 10, 2019 PASSED ON SECOND READING APRIL 24, 2019 ORDINANCE NO. 0-2019-04 11. QUASI-JUDICIAL HEARING(S): a. TO2392: Eliathah Seventh Day Adventist Church — Rezoning: 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 to reflect the Rezoning of certain real estate property described as a portion of Tract 13 of Fort Lauderdale Truck Farms Subdivision 3, as recorded in Plat Book 4, Pages 31 of the public records of Broward County, Florida, together with Parcel "B" Piccadilly Cafeteria, as recorded in Plat Book 115, Page 37 of the public records of Broward County, Florida more legally described in Exhibit "A", from the current NC (Neighborhood Commercial) to MU-N (Mixed Use Neighborhood) Zoning classification, for the subject property located at 7550 North University Drive, in order to provide consistency with the land development regulations in accordance with the intent of the Comprehensive Plan of the City of Tamarac; (Case No. 1- 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. City Attorney Goren went over the Quasi-Judicial processes and procedures. City Attorney Goren asked if there were any disclosures from the Commission: Commissioner Bolton said he has been to the church and talked with individuals there; Vice Mayor Placko said she met with the pastor and Board Members; Commissioners Gelin and Fishman said no, and Mayor Gomez said no. City Attorney Goren read TO2392 by title into the record. Vice Mayor Placko seconded by Commissioner Bolton moved approval of TO2392 on first reading. City Clerk Teufel swore in all affected parties. Community Development Director Calloway gave a presentation, a copy of which is on file in the City Clerk's Office and ended by saying the Planning Board and Staff recommend approval of this item. Pastor Noel Rose appeared on behalf of the applicant and said he hopes to continue to have a good relationship with Tamarac. Vice Mayor Placko said this church has been our neighbors since 1996 and officially opened in 1998 with 35 members and now has a congregation of over 500 members. Vice Mayor Placko said they have been good neighbors and supports this project. Mayor Gomez opened the Public Hearing and with no one else wishing to speak, Mayor Gomez closed the Public Hearing. Mayor Gomez opened the floor for Commission discussion. Community Development Director Calloway and Pastor Rose responded to a few questions from the Commission. Motion passed unanimously (5-0). PASSED ON FIRST READING APRIL 24, 2019 Mayor Gomez recessed the meeting at 12:21 p.m. and reconvened the meeting at 12:45 p.m. with all present as before. City Attorney Goren said items 11 (a) and 11 (b) are companion items and will be heard together but voted on separately. City Attorney Goren read TO2393 — Bailey Square — Small Scale Land Use Plan Amendment and TO2394 — Bailey Square — Rezoning and Flexibility Units by titles into the record. Vice Mayor Placko seconded by Commissioner Fishman moved approval of TO2393 and T02394. Mayor Gomez asked for any disclosures from the Page 7 of 11 COMMISSION MEETING April 24, 2019 Commission; Commissioner Bolton said he met with the attorney for the applicant, developer and residents from the Lakes of Carriage Hills; Commissioner Fishman said yes; Vice Mayor Placko said she met with attorneys Scott Backman and Dwayne Dickerson; Commissioner Gelin said he had a telephone call last night and Mayor Gomez said she met with Attorney Dwayne Dickerson and attended two meetings at the Lakes of Carriage Hills. City Clerk Teufel swore in all affected parties. City Attorney Goren said all documents previously submitted are now part of the record. Community Development Director Calloway gave a presentation, a copy of which is on file in the City Clerk's Office and ended by saying that Staff and the Planning recommend approval of the project. Attorney Dwayne Dickerson appeared on behalf of the applicant and gave a presentation, a copy of which is on file in the City Clerk's Office. Mayor Gomez opened the Public Hearing and the following individuals spoke: Joline Rivard, and Laurette Schneider spoke in opposition to the project, all pertinent information on the speakers is on file with the City Clerk's Office. With no one else wishing to speak, closed the Public Hearing. Mayor Gomez opened the floor for Commission discussion. Commissioner Bolton talked about the Lakes of Carriage Hills letter of support and asked how the applicant will overcome the challenges of working with the FPL Power Lines above the property. Mr. Dickerson said that is why only 120 units are being proposed and noted they will need to vacate an easement on the east side to accommodate the wall. Mr. Dickerson responded to questions from Commissioner Bolton about amenities, fences, security, traffic and why the applicant chose multifamily over commercial. Commissioner Bolton said he and Mayor Gomez attended a Lakes of Carriage Hills HOA meeting and the people in attendance did not want this project but the letter from Lakes of Carriage Hills mitigates that opposition. Mr. Dickerson answered questions about the height of the building, parking, the need for a security guard, the rental price, maintenance of the property and vacation rentals. Mr. Dickerson responded to questions from Vice Mayor Placko about background checks, her concern about short term leases and limiting the number of inhabitants allowed in the units. Mr. Dickerson responded to Commissioner Gelin's questions about the number of attendees at the developer's meeting, a sign in sheet for the meeting, the traffic stud the reason to P 99� Y� build 120 units, the income level of tenants and the types of apartments. Mr. Dickerson responded to Commissioner Fishman's question about subleasing. There was a brief discussion about income and affordability. Mayor Gomez noted she had the pleasure of meeting with the residents of Lakes of Carriage Hills about this project and some people said theywere not interested in have the property developed commercially. Therewas P P Y P Y a discussion about the surrounding communities being 55 & over or not. Mayor Gomez talked about items for site plan discussion in the future. Mayor Gomez reopened the Public Hearing: Ms. Rivard spoke about 55 & over communities Y P 9 P u s in the area and said some people who were here earlier to express their opposition to this project but had to leave. With no one else wishing to speak, closed the Public Hearing. City Attorney Goren noted for the record that now both items would be voted on separately. b. TO2393 - Bailey Square - Small Scale Land Use Plan Amendment: An Ordinance of the City Commission of the City of Tamarac, Florida, adopting a Small Scale Local Land Use Plan amendment to the City of Tamarac's Comprehensive Plan Future Land Use Map in accordance with Chapter 163, specifically Section 163.3187 of the Florida State Statutes, for an area of approximately 5.39 acres in size, located on the southeast corner of Rock Island Page 8 of 11 COMMISSION MEETING g April 24, 2019 Road and Bailey Road, addressed as 6150 Rock Island Road, more specifically described as all of Parcels "B", "C", and "D" of the Lakes of Carriage Hills II, according to the Plat thereof, recorded in Plat Book 123, Page 7, of the public records of Broward County, Florida, less the following describing parcel: commencing at the northeast corner of said Plat of the Lakes of Carriage Hills II: thence south 01030'24" east, along the east line of Parcels "D", "C", and "B" a distance of 612.63 feet to the point of beginning of this description; thence continue south 01o30'24" east, along the last described course, a distance of 135.64 feet; thence south 89o33'56" west, along the south line of said Parcel "B", a distance of 351.07 feet; thence north 45o58'14" west, a distance of 42.03 feet; thence north 01030'24" west, along the west line of Parcel "B", a distance of 106.20 feet; thence north 89033'56" east, along a line parallel with and 135.62 feet north of, as measured at right angles, to the south line of said Parcel "B", a distance of 380.51 feet to the point of beginning. Said lands situate, lying, and being in Broward County, Florida, and shown in Exhibit "A", to change the Future Land Use designation from "Commercial" to "Medium-High residential" in order to allocate one hundred and twenty (120) flexibility units and 6.64 gross commercial-to-residential flex acres to facilitate the development of a residential apartment use and provide consistency with the Land Development Code in accordance with the intent of the Comprehensive Plan of the City of Tamarac; (Case No. 2-LUA-19) authorizing transmittal of the Small Scale Land Use Map Amendment to the Department of Economic Opportunity and the Broward County Planning Council for 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. TO2393 Bailey Square — Small Scale Land Use Plan Amendment. Vice Mayor Placko seconded by Commissioner Fishman move approval of TO2393 on first reading.Motion passed (3-2) with Commissioners Bolton and Gelin dissenting. PASSED ON FIRST READING APRIL 24, 2019 c. TO2394 - Bailey Square - Rezoning and Flexibilty Units: 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 to reflect the Rezoning of certain real estate property described as all of Parcels "B", "C", and "D" of the Lakes of Carriage Hills II, according to the Plat thereof, recorded in Plat Book 123, Page 7, of the public records of Broward County, Florida, less the following describing parcel: commencing at the northeast corner of said Plat of the Lakes of Carriage Hills II: thence south 01030'24" east, along the east line of Parcels "D", "C", and "B" a distance of 612.63 feet to the point of beginning of this description; thence continue south 01030'24" east, along the last described course, a distance of 135.64 feet; thence south 89033'56" west, along the south line of said parcel "B", a distance of 351.07 feet; thence north 45o58'14" west, a distance of 42.03 feet; thence north 01030'24" west, along the west line of Parcel "B", a distance of 106.20 feet; thence north 89033'56" east, along a line parallel with and 135.62 feet north of, as measured at right angles, to the south line of said Parcel "B", a distance of 380.51 feet to the point of beginning. Said lands situate, lying, and being in Broward County, Florida, and shown in Exhibit "A", from the current NC (Neighborhood Commercial) zoning classification to R-3 (Multi-Family Residential) zoning classification, for the subject property located at 6150 Rock Island Road, in order to allocate one hundred and twenty (120) Flexibility Units and 6.64 gross Commercial-to-Residential flex acres to facilitate the development of a residential apartment use and provide consistency with the Land Development Code in accordance with the intent of the Comprehensive Plan of the City of Page 9 of 11 COMMISSION MEETING April 24, 2019 Tamarac; (Case No. 4-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. TO2393 Bailey Square — Rezoning and Flexibility Units. Vice Mayor Placko seconded by Commissioner Fishman move approval of TO2394 on first reading. Motion passed (4-1) with Commissioner Gelin dissenting. PASSED ON FIRST READING APRIL 24, 2019 Mayor Gomez recessed the meeting at 2:27 p.m. and reconvened the meeting at 2:46 p.m. with all present as before. City Attorney Goren reminded everyone that the Quasi-Judicial rules he went over earlier apply to this application as well. d. TR13257 - Rock Island Self Storage - Major Revised Site Plan: A resolution of the City Commission of the City of Tamarac, Florida, granting Major Site Plan approval (with conditions) for Rock Island Self-Storage, to allow for the construction of a 107,542-square foot self-storage facility, on the subject property located at 5602 N. Rock Island Road (Case No. 17-SP-18); providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TR13257 by Title into the record. Commissioner Gelin disclosed he had a conference all with the applicant, Vice Mayor Placko reported she had nothing to disclose, Commissioner Fishman said she met with the applicant and Commissioners Bolton and Gelin said they met with Attorney Dennis Mele. City Clerk Teufel swore in affected parties. Community Development Director Calloway gave a presentation, a copy of which is on file in the City Clerk's Office and ended by saying the Planning Board and Staff recommend approval. Attorney Dennis Mele appeared on behalf of the applicant. City Attorney Goren said whatever documents being offered up are part of the record as well as any prior documentation submitted to staff and the Planning Board. Mr. Mele gave a presentation, a copy of which is on fil in the City Clerk's Office. Mr. Mele said City Attorney Goren talked about competent and substantial evidence and added that this is a much different discussion than the last time. Mr. Mele said the Zoning and Land Use is done and now we are at Site Plan. Mr. Mele said at the two meetings the applicant held there was a lot of discussion about traffic and we heard the concerns of the members and tried to address them. Mayor Gomez opened the Public Hearing and with no one wishing to speak, closed the Public Hearing. Mayor Gomez opened the floor for Commission discussion. Commissioner Bolton said he is reserving most of his questions for later but has a few for now. Commissioner Bolton asked if the rendering of the building that we are seeing will it be the final version. Mr. Mele responded that is the building we are proposing, and we are seeking a permit for that building. Commissioner Bolton commented that it looks beautiful, but it is taller than anything else in the community and that is what people are concerned about. It is still a storage facility and residents do not want a storage facility in District 1, even with the reducing the height of the building it is still 5 stories. Commissioner Bolton said you cannot expect him to approve this project, as this is not what we want. Commissioner Bolton said he has received a lot of texts, emails and phone calls and people are outraged about this project. Page 10 of 11 COMMISSION MEETING April 24, 2019 Mr. Mele responded to questions from Commissioner Gelin about managing occupancy, the over-head transmission lines and the height of the building. Mr. Mele responded to questions from Commissioner Fishman about the possible use of storage spaces used for living quarters, the height variance, traffic and getting rid of the 5th floor of the building. Vice Mayor Placko commented that she has driven around to several cities for a visual and while it is a beautiful building, she is still struggling with this. Commissioner Bolton said if a plaza went in there with 5 floors, he would say no too. This building is just in the wrong place, and people want the height of the building reduced. Mr. Mele responded to aquestion from Commissioner Bolton about the number of units in building. Commissioner Bolton expressed his concern about the number of people visiting the facility during the course of a month, the height, location and type of use. People want something they can walk to, like a Biz Box. Commissioner Bolton said this is not fair to the residents and he is not going to approve a building of that height and he appealed to the rest of the Commission to vote accordingly and do the right thing. Mayor Gomez said there are some people for and against this project. Mayor Gomez expressed her concern about traffic. Mayor Gomez commented that Tamarac owns that property, which is tied to a litigation settlement. Mayor Gomez pointed out that the applicant has made a concerted effort to reduce the size of the building. City Attorney Goren responded to questions from the Commission about the impact of any decision that was made today in great detail and how the settlement agreement was reached. Commissioner Bolton clarified that they would be voting on a site plan and 5 variances and Community Development Director Calloway said yes. Mr. Mele said they would like to conclude this today and as such they are willing to reduce the building to 48 feet and 4 floors instead of 5. If this works for the Commission the will do it and the architecture of the building will remain the same. They will work with staff on the modifications. City Attorney Goren said what the applicant is now offering is a reduction in height and the law does allow you to consider a lesser intent of the applicant. There was a brief discussion about the variances and amending the resolution. Mr. Mele and Community Development Director Calloway responded to a few more questions from the Commission. Commissioner Bolton seconded by Commissioner Fishman moved approval of TR13257 as amended to reflect reducing the building height from 58'4" to 48 feet. Motion passed (4-1) with Commissioner Bolton dissenting. RESOLUTION R-2019-33 Commissioner Fishman seconded by Vice Mayor Placko move approval of changing the variance request to allow the construction of a building 58'4" where a maximum of forty (40) feet is allowed to 48 feet. Motion passed (4-1) with Commissioner Bolton dissenting 12. OTHER There being no further business to come before the Cit Commission, Mayor Gomez adjourned the meeting at 4:30 p.m. , I ., ) .iL id i°' \ j 6C '-\ Michelle J. Gomez, Ma 9r- Patricia Teufel, C C, City Clerk Page 11 of 11 COMMISSION MEETING April 24, 2019 y a i� Mike Gelin .R H Commissioner, District 2 qP)161 The City For Your Life Mayor, Michelle J. Gomez Vice Mayor Debra Placko, District 4 Commissioner Marlon D. Bolton, District 1 Commissioner Julie Fishman, District 3 April 24, 2019 Michael Cernech City Manager City of Tamarac 7525 NW 88th Ave Tamarac, FL 33321 Dear Mr. Cernech: I am formally requesting that the three BSO Deputies who responded to the scene at McDonalds on Thursday, April 18, 2019 be reassigned to another City. The three Deputies seen on the video brutally assaulting and abusing the two teenagers involved in the incident that has gained national attention shall be prohibited from working in the City of Tamarac. The reckless and dangerous behavior of the three Deputies on the scene is unacceptable to me personally, and to the residents we strive to protect and to serve. Please follow up with Sheriff Gregory Tony and respond within five business days. Sincerely, MikeGe • Commissioner, District 2 CC: Sheriff Gregory Tony Broward Sheriff's Office 7525 NW 88th Ave. I Tamarac, FL 33321 , O. (954) 597-3460 I F: (954) 597-3470 �.� ,., 4z-dig r, Marlon D. Bolton Commissioner, District 1 The City For Your Life Mayor, Michelle J. Gomez Vice Mayor Debra Placko, District 4 Commissioner Mike Gelin, District 2 Commissioner Julie Fishman, District 3 April 22, 2019 Michael Cernech City Manager City of Tamarac 7525 NW 88th Ave Tamarac, FL 33321 Dear Mr. Cernech: Tamarac residents residing along Prospect Road have been reaching out to me with safety concerns due to the accidents they've been exposed to. Please find enclosed an image of the recent accident that illustrates why the residents are alarmed. The residents are further alarmed these incidents are not isolated. Cars are launching into homes along that roadway at a rapid rate. I have followed Broward County's project planned for the Prospect Road from Commercial Boulevard to Dixie Highway that is scheduled for construction in 2020-2021. As I understand, a portion of this project within Tamarac limits will include the addition of 5 feet wide bicycle lanes adjacent to existing outside edge of travelled way, provide for additional drainage, repaving and restriping of the roadway, signage upgrade and curb ramps. In addition, I have sometime in the past proposed, informally, the reduction of the speed limit between Powerline Road and NW 21st Avenue from 45 MPH to 35 MPH and Broward County has agreed to the same. While these improvements are welcome, I strongly urge you, on behalf of my residents, to help me advocate for adding barriers along the Prospect Road section located in Tamarac to protect the pedestrians and residential private property from being hit by the vehicles that lose control on this roadway. In addition to the barrier, I am formally requesting that you help me advocate for a wall to be constructed along the roadway. Thank you for your consideration. Please feel free to reach out to me, if you'd like to discuss further how we can best serve Tamarac residents. Sin e Mar n D. Bolton Tamarac City Cornmjss oner, District 1 Representative Mobile_(954)-275-3850 CC: Patricia Teufel, City Clerk 7525 NW 88"11 Ave. I Tamarac, FL 33321 0: (954) 597-3460 I F: (954) 597-3470 ..... . FP ,•..;,..,,, ., , .i ' ' , • e'. -7,4if ,,..... .;-'4".;. -',..• • f''..4• ' '• . . . • . . ' .•F P" ---...., ... . , ,. ......._ - . , Il i......"--.4 Ne __,... . ,. ,,. 13 Oe . 4 111 t r I ,N. • ki • I 1 It 1 kiV.• ,, . ',,V ) .• I At ..., _.....-- ,,,,...-_, _..„--- "-- , . . . ....„ . . .. , .... , .„„e„ ....... ..., -. , ...._, . ..,. , - i .