HomeMy WebLinkAbout2018-06-27 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COMMISSION MEETING
WEDNESDAY, JUNE 27, 2018
CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of
Tamarac to order at 9:12 a.m. on Wednesday, June 27, 2018, in City Commission Chambers,
Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Harry Dressler, Vice Mayor Michelle J. Gomez, Commissioner Marlon
Bolton, Commissioner Julie Fishman and Commissioner Debra Placko were in attendance.
Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren
and City Clerk Patricia A. Teufel.
PLEDGE OF ALLEGIANCE: Commissioner Placko led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a Plaque to the Mayor and Commission by Randy Hibshman,
Representing Challenger Baseball.
b. Presentation of a Proclamation by Mayor Harry Dressler proclaiming the month of July
2018 as "Parks & Recreation Month". (Requested by Parks & Recreation Director Greg
Warner)
C. Presentation of a proclamation by Mayor Harry Dressler Proclaiming the Month of June as
Caribbean Heritage Month". (Requested by Commissioner Marlon Bolton)
d. Presentation of a proclamation by Mayor Harry Dressler declaring June 27, 2018 as
"Warren Warner Day". (Requested by Commissioner Debra Placko)
e. Presentation by Mayor Harry Dressler of Employee Service Awards:
10 - Year Awards: Cathy Jones, Procurement & Budget Technician, Fire Rescue; Mark
Paguio, Firefighter Paramedic, Fire Rescue; Kevin Alexander, Groundskeeper I, Public
Services; Csaba Banrevy, Groundskeeper I, Public Services; Gerald Robinson, Sr.,
Wastewater Service Worker III, Public Services.
15 - Year Awards: Jason Barrios, Firefighter Paramedic, Fire Rescue; Hector Roman,
Firefighter Paramedic, Fire Rescue, David Sherman, Driver Engineer Paramedic, Fire
Rescue.
20 - Year Awards:
Thomas Vreeland, Facilities & Grounds Superintendent, Public Services; William Lewis,
Stormwater & Streets Superintendent, Public Services
2. CITY COMMISSION REPORTS:
a. Commissioner Bolton: Commissioner Bolton said he attended the Management Retreat
last week and commented that the facilitators were amazing. Commissioner Bolton reflected
on his journey as a Commissioner and thanked staff for putting the Retreat together.
Commissioner Bolton attended the Father's Day Fishing Tournament at Caporella Park and
Page 1 of 11 COMMISSION MEETING June 27, 2018
added that he has been out in his district educating people about what is going on in
Tamarac and they are paying attention. He also received kudos for the Tam -A -Gram and
recognized Public Information & Media Specialist Boston and her team for their excellent
work. Commissioner Bolton invited people to follow him on his Facebook page or they car
call him at 954-275-3850.
b. Vice Mayor Gomez: Vice Mayor Gomez said she attended the Technical Advisory Board
Committee meeting; the Father's Day Fishing Tournament and noted that CBS Chanel 4 was
there. Vice Mayor Gomez thanked everyone who attended her Conversation with the Vice
Mayor and thanked staff for the Management Retreat and Budget Workshop. Vice Mayor
Gomez attended the Kings Point Veterans Club where she was made an honorary member;
attended the Chamber Bowling event; took a tour of the Ft. Lauderdale Executive Airport;
attended a Military Appreciation Day event in Pembroke Pines where the Board of South
Florida Honor Flight expressed their appreciation to the City of Tamarac. About 3 or 4 years
ago, Vice Mayor Gomez was approached by a Jessica Landowski about Honor Flight. After
putting her in touch with our Parks & Recreation Department, our Department along with BSO
enhanced the program by providing transportation to and from Tamarac City Hall and the
airport for our Veterans with a BSO escort. What we do for So. FI. Honor Flight has become
a model for other Cities. Vice Mayor Gomez said she appreciates the energy and work staff
did for the Land Development Code Rewrite.
c. Commissioner Fishman: Commissioner Fishman deferred her report to the next meeting.
d. Commissioner Placko: Commissioner Placko reported that she attended the MPO Board
meeting dealing with transportation funding at which time Tamarac put in for projects and we
should be able to avail ourselves of funding. Commissioner Placko said she took a tour of the
Ft. Lauderdale Executive Airport; attended the Board meeting of the ADRC and talked about
the many programs they offer and if anyone needs assistance they can contact her at 954-
597-3460 or contact the ADRC at 954-745-9779. Commissioner Placko also attended the
Father's Day Tournament; the Chamber Bowling event; the Management Retreat and Budget
Workshop.
e. Mayor Dressler: Mayor Dressler deferred his report to the next meeting.
3. CITY ATTORNEY REPORT: City Attorney Goren said the Anthony Aidone case was filed
this morning. City Attorney Goren said that when you file a foreclosure the filing is based on
the amount of the violation which is $714,000. City Attorney Goren thanked City Manager
Cernech and Finance Director Mason for their assistance in wiring the $2,000 filing fee within
an hour of Assistant City Attorney Brian Sherman contacting them. City Attorney Goren said
there are two other items that are on the Consent Agenda one of which relates to Prestige
Homes settlement and thanked the Commission for their effort to find a way to settle and
resolve the 10 years of litigation and other controversies with the Prestige Home folks in an
admirable and positive way. City Attorney Goren said he would be remiss in not thanking the
Commission for the item that appears as Item 6 0) on the Consent Agenda which relates to
himself, his law firm and the relationship they we have had since 2005. City Attorney Goren
thanked the Commission for their support, confidence, friendship and for the relationship we
have now and in the future.
4. CITY MANAGER REPORT: City Manager Cernech invited everyone to the All -American
4th of July event on Wednesday, July 4, 2018 from 6.00 p.m. to 9:00 p.m. at the Tamarac
Page 2 of 11 COMMISSION MEETING June 27, 2018
Sports Complex with the Fireworks starting at 9:00 p.m. As parking is limited shuttle service
from City Hall and the Community Center with service running from 5:30 p.m. to 8:15 p.m.
and following the fireworks. City Manager Cernech also invited people to attend the Tamarac
Aquatic Center at Caporella Park for swimming, music and arts and crafts for the kids on
Wednesday, July 4, 2018 from noon to 4:00 p.m. Admission for children 17 and under is
$3.50 and Adults is $4.00. City Manager Cernech congratulated the Parks & Recreation
Dept. because their hard work made Tamarac the only one in Florida to be designated a
"Better Sports for Kids Quality Program Provider" by the National Alliance for Youth Sports.
City Manager Cernech said Public Services has reported that in our continuing efforts to keep
Tamarac looking beautiful the employees are keeping an extra eye out for liter as they work
around the City throughout the day. Over 20 bags of waste were removed from Tamarac
during this collaborative effort and this new initiative will help improve the look of Tamarac
and as an extra benefit will help reduce wildlife injuries due to discarded waste. Public
Services has also reported that Broward County started an intersection improvement project
on Southgate Blvd. & Pine Island replacing the existing string lights with mast arms. The
project will include new pavement resurfacing for the entire section along with crosswalks &
ADA improvements. This project is scheduled to be completed by mid -October.
City Manager Cernech said the City has partnered with Sup-X (the Startup Expo) to help
bring your startup business to life. City Manager Cernech encouraged people to come out to
the Ft. Lauderdale Convention Center on July 26, 2018 to promote their great ideas. The
Expo will include a startup competition with $25,000 in cash and prizes. Sup-X is an annual
conference that brings startups and early State Entrepreneurs, Angel Investors, Venture
Capitalists and related service provides together. You can visit www.sup-X.org to learn more.
City Manager Cernech said last week he had the opportunity to attend a Broward League of
Cities event recognizing our "Home Rule Heroes" and Commissioner Fishman received an
award as a Home Rule Hero.
City Manager Cernech recognized Broward County Assistant County Administrator Alphonso
Jefferson, E911 Communication Administrator Jose DeZayas, Acting Director of Broward
County Regional Communications Brett Bayag, Director of Regional Emergency Services &
Communications Tracy Jackson and Radio Consultant Nick Falgiatore who will be talking
about the necessity for a Broward County Radio Tower to be located in Tamarac. City
Manager Cernech the County has a number of new radio tower sites and they have a need
for a site in Tamarac, and there are challenges since Tamarac is built out. We are a partner
with other cities in the Broward County Public Radio Safety System and we have been having
ongoing discussions with Broward County. We looked for the best location which is behind
City Hall where we already have two 180 ft. towers and the goal is to replace those two
towers and co -locate the service providers on to the new tower. The County is willing to
remove the two existing towers but does not want to co -locate the existing service providers
on the new tower.
Mr. Jefferson thanked the Commission for their time this morning and noted that he has
spoken with the Commission previously about this matter. Mr. Jefferson gave a status report
and said they want to expedite the permitting process with a 5 day turn around and they are
willing to pay for the expedited process. Mr. Jefferson said they anticipate the locations to be
ready by the end of August and noted that this system is only for public safety and first
responders. Mr. Jefferson gave a presentation, a copy of which is on file in the City Clerk's
Page 3 of 11 COMMISSION MEETING June 27, 2018
Office. Mr. Jefferson said the new 325-ft. tower will address gaps in communication in
Tamarac and will provide optimal communication services. This tower will receive and
transmit, and the equipment will be replaced every two years and reiterated that the towers
are strictly for Public Safety.
Mayor Dressler asked if the County had taken eminent domain in any city and Mr. Jefferson
said in Unincorporated Broward County near Parkland and noted that they had to take the
property owner to court. Mr. Jefferson went over the eminent domain process. Mayor
Dressler asked if the County looked at placing a tower in Parkland and Mr. Jefferson
responded yes but they still need the tower located in Tamarac. There was a discussion
about the location of other towers in Broward County. Mayor Dressler said he had asked for a
picture of what a 325-ft. tower would look like from different views and he has not yet
received it. City Manager Cernech said Public Services did a 360-degree drone flight at a
325-ft. elevation to ascertain what we would see and apologized for not distributing that to the
Commission. Mayor Dressler said the Commission has to decide what is in the best interest
of the public. Mayor Dressler expressed his concern about having a 325-ft tall tower and how
interfering the light would be on the surrounding homes. Mayor Dressler asked for
documentation as to the effects the lights on the towers would have. Commissioner Fishman
asked about specific towers located in various surrounding cities. Mr. Jefferson said the city's
equipment will be co -located on the new tower, but the commercial carriers will not be co -
located. City Manager Cernech said he suspected that we would need to find an alternative
location for the existing commercial carriers. Commissioner Fishman said this Commission
supports our Fire Department and BSO 100%, but she has a problem with the tower because
of the impact it will have on her residents. Commissioner Fishman distributed pictures that
she had taken on the property across the canal of the two existing towers that are behind City
Hall, a copy of which is on file in the City Clerk's Office. Commissioner Fishman talked about
visiting the tower at the Executive Airport and how far they could see at that height and
expressed her concern about losing the revenue from the commercial carriers. Vice Mayor
Gomez said the Commission was only provided with information about the coverage area in
Tamarac and asked to see pictures of other towers and their coverage areas as well. There
was a discussion about building density, signal strength and code height limitations. Mr.
Jefferson said the County has to look at a long term Public Safety System and it is their
recommendation that 325-ft. towers are necessary, and we have to move forward, this is the
last piece as everyone else is moving forward. Mr. DeZayas said we have existing 325-ft.
towers and we are building seven locations in Broward County and one of the strategic
locations is Tamarac and noted that they had a lot of experts look at this. Mr. DeZayas went
over the other tower locations in Broward County. There was a discussion about how the
325-ft. tower behind City Hall would impact air traffic.
Commissioner Placko said safety is important to us but we also have a responsibility to our
residents. Commissioner Placko asked if they had spoken with the FAA relative to the tower
and Mr. Jefferson said yes and they find the locations acceptable. Commissioner Placko
asked if they looked at sites in other cities and Mr. Falgiatore went over the process of how
they determine site selections and the challenges they faced and noted that Tamarac is right
in the middle of the surrounding sites and they do not take a city's boundaries into
consideration. Mr. Jefferson said they have done their due diligence to make sure they had
complete coverage in Broward County. Commissioner Placko said it does not appear to her
that Tamarac is a central site and Mr. Jefferson said he will provide the Commission with the
overlapping maps for all the towers in Broward County. Commissioner Placko said she would
also like to see where the lapses in coverage occur. There was a discussion regarding
Page 4 of 11 COMMISSION MEETING June 27, 2018
coverage in the Everglades. Mayor Dressler said it is his concern that this is an erosion of
home rule and feels the County has no respect for Tamarac's home rule. Mr. Jefferson said
this was never a secret and the County has been transparent as this has been in discussion
for many years. Commissioner Bolton said he has looked at this issue extensively and also
spoke with people in Broward County. Vice Mayor Gomez asked Mr. Jefferson if he has ever
lived within 5 miles of a 325-ft. tower and Mr. Jefferson responded yes. Vice Mayor Gomez
asked how this would benefit Tamarac and Mr. Jefferson said he would get that information
to the Commission. Commissioner Fishman asked to get current and proposed tower
location, heights and coverage area. Mr. Jefferson said we are at a point where we have to
make a decision as the system will come on in 2019 and added they will be going to court on
the Unincorporated Broward County location in August. There was a discussion about other
possible tower locations in Tamarac and surrounding cities. Mr. Jefferson said he has to look
at this as a regional issue and not by city boundaries and they will provide the Commission
with the information they have requested but we are out of time at this point.
Mayor Dressler recessed the meeting at 12:00 p.m. and reconvened the meeting at 12.19
p.m. with all present as before.
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following
individuals spoke: Ronald B. Barish, 7555NW 99th Ave., went over his proposal for school
safety, the Promise Program being mandatory and the upcoming hurricane season. Joel
Davidson, 4608 Norfolk Island Pine Dr. invited the Commission to attend the Kiwanis
Christmas in July event on July 7, 2018 at 10:00 a.m. at the BB&T Center and encouraged
people to make donations for this worthy event and congratulated Vice Mayor Gomez on
being appointed to the Kings Point Veterans Club. Ron Wasserman, 857 Jade Dr., talked
about the art work at the Sports Complex and suggested we look into a program to sponsor
worthy organizations and donate money to charities. Bob deScipio, 7905 NW 811t St., talked
about the adoption of the LDR and Zoning Map and his opposition to the adoption as it
relates to churches and asked the Commission to consider the alternative that was
presented. With no one else wishing to speak, Mayor Dressler closed Public Participation.
6. CONSENT AGENDA: Mayor Dressler asked City Manager Cernech if there were any
changes\additions to the Consent Agenda and City Manager Cernech said there were no
changes/additions to the Consent Agenda. Commissioner Bolton said he wants to pull Item 6
(k) — TR13119 for further discussion. Vice Mayor Gomez seconded by MB moved approval of
the Consent Agenda with the exception of Item 6 (d) — TR13119. Motion passed unanimously
(5-0).
a. Approval of the June 13, 2018 Regular Commission Meeting Minutes - APPROVED
b. TR13118 - Alazhar School Blanket Public Safety Ingress -Egress Easement: A Resolution
of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City
Officials to accept and execute a Blanket Public Safety Ingress/Egress Easement with
Alazhar School, Inc., for the Alazhar School Project, located at 7201 Mc -Nab Road, to
provide proper access to the property for municipal services such as utility, canal, fire and
police protection, emergency and other public safety services; authorizing and directing the
City Clerk to record said document in the public records of Broward County; providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2018-67
Page 5 of 11 COMMISSION MEETING June 27, 2018
c. TR13120 - Health Career Institute Agreement for EMS Internship Program: A Resolution of
the City Commission of the City of Tamarac, Florida, approving a five (5) year -term
Agreement for Emergency Medical Services (EMS) Internship Program between the City of
Tamarac and Health Career Institute to allow EMS students to ride along on City's Fire
Rescue vehicles as part of a preceptorship program and receive education and training from
Tamarac Fire Rescue personnel with an effective date upon execution by all parties,
authorizing appropriate City Officials to execute the agreements for EMS Internship Program
and Business Associate Agreement, providing for conflicts; providing for severability; and
providing for an effective date.
RESOLUTION R-2018-68
d. TR13121 - Bikeways Phase V/VI: A Resolution of the City Commission of the City of
Tamarac, Florida, awarding Bid No. 18-17B to and approving an Agreement with H.G.
Construction, Development and Investment, Inc. ("H.G. Construction"), for the Tamarac
Bikeway/Walkway System Project — Phase V, along NW 76th Street from University Drive to
NW 70th Avenue, and Phase VI, along NW 64th Avenue from NW 57th Street to Bailey Road,
in accordance with Bid No. 18-17B for a contract amount of $658,371.08; a contingency in
the amount of $65,837.10 will be added to the project account, for a total project budget of
$724,208.18; authorizing an expenditure from the appropriate accounts; providing for
conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2018-69
e. TR13102 - Tamarac Lakes South Water Main Project (Bid No. 18-02B): A Resolution of
the City Commission of the City of Tamarac, Florida, awarding Bid No. 18-02B to and
approving an Agreement with Roadway Construction, LLC., to construct the Tamarac Lakes
South Water Main Improvement Project for the contract amount of $1,730,385.75; a
contingency in the amount of $173,038.58 will be added to the project account for a total
project budget of $1,903,424.33; authorizing an expenditure from the appropriate accounts;
authorizing an appropriation in an amount up to the total amount of $217,759.00; authorizing
the appropriate City Officials to administer the Contract; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2018-70
f. TR13128 - Agreement between Tindale Oliver & Associates and the City of Tamarac for
Development Impact Fee Services A Resolution of the City Commission of the City of
Tamarac, Florida, approving the award of Request for Proposal Number 18-10R, and
execution of an agreement between the City of Tamarac and Tindale Oliver & Associates
Inc., d/b/a/ Tindale Oliver, a Florida Corporation, attached hereto as Exhibit "2" and
incorporated herein; for the development of various impact fees, in an estimated amount of
eighty four thousand, four hundred ($84,400.00) dollars; authorizing an appropriation of
eighty four thousand, four hundred ($84,400.00) dollars; providing for conflicts; providing for
severability; and providing an effective date.
RESOLUTION R-2018-71
g. TR13129 - Five (5) Year Renewal Option for Golf Course Operations to Billy Casper Golf,
LLC.: A Resolution of the City Commission of The City of Tamarac, Florida, approving
Agreement Amendment #1 to the agreement with Billy Casper Golf, LLC for golf course
operations services for The Colony West Country Club dated October 24, 2013; exercising
the five (5) year option to renew in accordance with the renewal provisions contained in the
agreement; authorizing the appropriate city officials to execute Agreement Amendment #1 to
Page 6 of 11 COMMISSION MEETING June 27, 2018
the agreement for management and maintenance of the golf course and the amenities
available in the clubhouse including foodservice and pro -shop operations for a period of five
(5) years, for the effective period of October 24, 2018 through October 23, 2023 providing for
conflicts, providing for severability; providing for an effective date.
RESOLUTION R-2018-72
h. TR13130 -Tamarac Marketplace - Delegation Request: A Resolution of the City
Commission of the City of Tamarac, Florida, approving the request of Jane Storm, of Pulice
Land Surveyors, Inc., designated agent for the property owner, Tamarac Showplace, LLC., to
amend the Plat Note on the existing Tamarac Market Place Plat (Tract "A" of Tamarac Market
Place according to the Plat thereof as recorded in the Plat Book 118, Page 20 of the public
records of Broward County, Florida); (Case No. 5-P-17); providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2018-73
i. TR13131 - Accepting an Emergency Medical Services (EMS) grant award: A Resolution of
The City Commission of The City Of Tamarac, Florida accepting an Emergency Medical
Services (EMS) Grant Award in the amount of $24,561 from The Florida Department Of
Health, Bureau Of Emergency Medical Services, authorizing the appropriate city officials to
execute the necessary documents between The Florida Department Of Health and The City
of Tamarac For EMS Grant Program Funds in the amount of $18,421 and providing for a
25% match in local funds in the amount of $6,140 for the purchase of one power load system
for Tamarac Fire Rescue; providing for conflicts; providing for severability; and providing for
an effective date.
RESOLUTION R-2018-74
j. TR13132 - Third Amendment to Agreement for Legal Servies by and Between the City of
Tamarac and the Law Firm of Goren, Cherof, Doody & Ezrol, P.A. A Resolution of the City
Commission of the City of Tamarac, Florida, authorizing the mayor of the City of Tamarac,
Florida, on behalf of the City, to execute and to otherwise enter into the attached Third
Amendment to Agreement for Legal Services by and between the City of Tamarac and the
Law Firm of Goren, Cherof, Doody & Ezrol, P.A., pursuant to which contract the City does
employ the Law Firm Of Goren, Cherof, Doody & Ezrol, P.A., as "City Attorney", authorizing
the Mayor to do all things necessary to carry out the aims of this Resolution, and, providing
for an effective date.
RESOLUTION R-2018-75
k. TR13119 - Prestige Settlement Agreement: TR13119 - Prestige Settlement Agreement - A
Resolution of the City Commission of the City of Tamarac, Florida, authorizing the
appropriate City Officials to execute that certain settlement agreement between Prestige
Homes of Tamarac, LLC and the City of Tamarac in the matters of Prestige Homes of
Tamarac, Inc., a Florida Corporation v. City of Tamarac, Case No: 10-45101(03), Appellate
Case No. 4D 17-3281, pending in the Fourth District Court of Appeal for the State of Florida,
and Prestige Homes of Tamarac, Inc. V. City of Tamarac, Case No. 11-12611(14), pending in
the Circuit Court of the Seventeenth Judicial Circuit in and from Broward County, Florida,
which is attached hereto as Exhibit "A"; and to authorize the appropriate City Officials to
execute the purchase and sale agreement, addenda, a copy of which is attached hereto as
Exhibit "B", and all related documents to facilitate the closing of the transaction between the
City of Tamarac and Prestige Homes of Tamarac, LLC, as sellers, and Rock Island Storage
Partners, LLC, as purchaser, for the sale of real property located at the Northeast corner of
Page 7 of 11 COMMISSION MEETING June 27, 2018
Rock Island road and Commercial Boulevard, known as Tract H, Sabal Palm by Prestige,
according to the plat thereof, as recorded in plat book 178, page 71 of the Public Records of
Broward County, Florida, being more particularly described in Exhibit "B", attached hereto
and incorporated herein; providing for conflicts; providing for severability; and providing an
effective date.
City Attorney Goren read TR13119 by title into the record. Vice Mayor Gomez seconded by
Commissioner Fishman moved approval of TR13119. Mayor Dressler opened the floor for
discussion. Commissioner Bolton asked who Rock Island Storage Partners LLC was and City
Manager Cernech responded they are the buyer of the property and intend on building a self -
storage facility on the site. Commissioner Bolton said there is another storage facility close to
this and feels that the land would be better suited for something else and noted that he does
not have a problem with the sale of the land. There was a discussion about the
appropriateness of discussion of the settlement of litigation. City Attorney Goren went over
the history of the settlement negotiations. Commissioner Bolton said he does not have a
problem with the settlement. City Attorney Goren talked about the consequences of not
moving forward with the settlement as it is set forth currently. City Manager Cernech said
when the met with Bruce Chait to discuss the settlement they went over a number of
scenarios to develop the property and it was determined that the best use of the land would
be a storage facility because the challenge that the overhanging powerlines posed. Motion
passed (4-1) with Commissioner Bolton dissenting.
RESOLUTION R-2018-76
7. REGULAR AGENDA: There were no Regular Agenda Items scheduled for this meeting.
8. ORDINANCE(S) - FIRST READING:
a. T02381 - Adoption of New Land Development Regulations and Zoning Map: An Ordinance
of the City Commission of the City of Tamarac, Florida, repealing Chapters 10, 11, 18, 21,
and 24 of the City of Tamarac's Land Development and Zoning Regulations, as contained in
the City of Tamarac's Code of Ordinances; adopting a new Land Development Code for the
City of Tamarac attached hereto as Exhibit "A"; adopting a Zoning Map for the City of
Tamarac attached hereto as Exhibit "B", adopting physical and digital versions of the Land
Development Code and Map; providing for the repeal of all other code provisions and
ordinances inconsistent with this ordinance; providing for transition from existing land
development regulations; providing for conflict; providing for severability; providing for
codification as a stand-alone code; and, providing for an immediate effective date. City
Attorney Goren read T02381 by title into the record. Vice Mayor Gomez seconded by
Commissioner Bolton moved approval of T02381 on first reading.
Mayor Dressler opened the floor for Commission discussion. Commissioner Bolton said that
prior to him being on the Commission they were already discussing that churches should not
be in shopping plazas. Commissioner Bolton suggested that 20% of a plaza be allocated to
non -profits or to 2 per plaza in response to what he saw in the proposal that churches could
only be free standing, which he disagreed with. Mayor Dressler said if Commissioner Bolton
wants to bring to the Commission any other city's language he can do it as part of the
discussion. Commissioner Bolton said he went to the North Lauderdale meeting where this
recommendation was discussed. Commissioner Bolton said for various reasons he does not
want to see too many churches in strip malls and this would put a stop to 10 churches or
schools in strip malls. Commissioner Bolton talked about the value that churches bring to a
Page 8 of 11 COMMISSION MEETING June 27, 2018
community and its residents. Mayor Dressler asked how the North Lauderdale language got
into the draft document and Community Development Director Calloway said staff included
that for discussion purposes. There was a lengthy discussion on the proposed new language
and the ramifications. Mayor Dressler asked how many free-standing churches were in
Tamarac and how many are in strip malls and Community Development Director Calloway
responded that there are 15 free standing and 29 are in strip malls, 5 plazas have more than
two. Mayor Dressler said he needs more information in order to vote on this. Mayor Dressler
said the Commission needs to know what the impacts are and ramifications are as well.
Commissioner Bolton said if we vote on this without a Motion to include the language
proposed we will be saying to all the churches you are non -conforming, and you will have to
leave and if we adopt this with the new language we are saying some would be conforming
and others would not. Commissioner Bolton said he also feels giving 10 years to amortize is
too long. Commissioner Bolton said he does not like churches in strip malls but understands
some churches have to start somewhere, like his church did. City Attorney Goren said North
Lauderdale hired an outside consultant that looked at all the recommendations and they
considered this to be a viable solution. It has worked very well and there have been no
lawsuits.
Mayor Dressler recessed the meeting at 1.57 p.m. and reconvened the meeting at 2.06 p.m.
with all present as before.
Commissioner Placko asked if not -for -profits were included in the 20% and Community
Development Director Calloway said yes because you cannot just do religious groups.
Commissioner Placko said she also felt 10 years was too much was good with 20% and
looks forward to moving this along. Commissioner Fishman said she had concerns, talked to
people and went back to staff with her concerns. Commissioner Fishman said she firmly
believes in separation of church and state and there are times when we blur the lines by
doing things the way we do. Commissioner Fishman said she would like us to take our time
now that concerns have been raised so that we are not blurring the line the opposite way.
Vice Mayor Gomez said she has had conversations with Pastor Bob and believes she would
like to find a middle ground that gives the City the ability to do the things it needs to do but
she needs more time to review and discuss this.
City Attorney Goren said this is first reading and you have the ability to digest and review this
and staff can draft language for second reading. We are hearing what you want, and we are
all working to get to some language to fulfill everyone's expectations. Mayor Dressler asked
if it is possible for us to pass T02381 on first reading today with the provision that staff works
on all the issues raised today and comes back to the Commission for discussion on second
reading and have something that would be acceptable to all 5 Commission members to vote
on. City Attorney Goren went over several options the Commission could use to move this
Ordinance forward on first reading or have a second first reading at a later date. Mayor
Dressler said he would like to have staff come back with language that does not necessarily
mirror North Lauderdale's language as we want to do something different. Mayor Dressler
said they want staff to come back to the Commission with one or two options to discuss and
he would be more comfortable to defer first reading as he does not want to vote on this until
we have further discussion. City Attorney Goren suggested that the Commission needs to
hear from the City Manager. City Manager Cernech asked that the Commission to move the
item forward today because if it is deferred it will be 8 weeks until it is heard again, and staff
does not need that much time as the language is pretty easy to draft. There was a discussion
on how to move this item forward. Mayor Dressler said the easiest way would be for the
Page 9 of 11 COMMISSION MEETING June 27, 2018
Commission to approve this on first reading and then direct staff to come back with
everything that was discussed today for future discussion. City Attorney Goren said before
you close out the Motion, Assistant City Attorney David Tolces is here to speak to the
Telecommunications aspect of the Ordinance. Assistant City Attorney Tolces said as part of
Land Development Code Re -write we have received comments from industry colleagues
representing wireless services providers and we will be working with them and staff to resolve
the issues identified prior to second reading.
Motion passed unanimously (5-0).
PASSED ON FIRST READING JUNE 27, 2018
b. T02382: Tamarac Village - Amended & Restated Planned Development Agreement: An
Ordinance of the City Commission of the City of Tamarac, Florida, approving and authorizing
the Mayor, Vice -Mayor, or City Manager of the City of Tamarac, Florida, on behalf of the City,
to execute and to otherwise enter into an Amended and Restated Planned Development
Master Plan Agreement between the City of Tamarac and JKM Tamarac Village, LLC.,
attached hereto as Exhibit "B", for the development of property located on the north side of
Commercial Boulevard, generally between NW 94th Avenue to the west and Pine Island
Road to the east with portions located north of NW 57th Street, generally known as "Tamarac
Village" within the City of Tamarac, more legally described in 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. City
Attorney Goren read T02382 by title into the record. Commissioner Bolton seconded by Vice
Mayor Gomez moved approval of T02382 on first reading. Motion passed unanimously (5-0).
PASSED ON FIRST READING JUNE 27, 2018
9. PUBLIC HEARING(S): There were no Public Hearing items scheduled for this meeting.
10. ORDINANCE(S) - SECOND READING: There were no Ordinance(s) — Second Reading
scheduled for this meeting.
11. QUASI-JUDICIAL HEARING(S):
a. TB024 - Pollo El Cojido Restaurant Expansion — Special Exception: Special Exception
Approval to allow for the expansion of use for a bar area into an existing restaurant in a MXD
(Mixed Use) Zoning District pursuant to the Permitted Uses Master List, Section 24-434,
Tamarac Code of Ordinances. City Attorney Goren read TB024 by title into the record. City
Attorney Goren went over the Quasi -Judicial processes and procedures. City Clerk Teufel
swore in the affected parties. Vice Mayor Gomez seconded by Commissioner Fishman
moved approval of TB024. Community Development Director Calloway appeared and gave a
presentation, a copy of which is on file in the City Clerk's Office. Yenny Rodriguez appeared
on behalf of the applicant. City Attorney Goren asked if the applicant voluntarily agrees to the
conditions of approval and Ms. Rodriguez said she did. Mayor Dressler opened the Public
Hearing and with no one wishing to speak, closed the public hearing. Mayor Dressler opened
the floor for Commission discussion. Commissioner Placko expressed her concern about the
proximity of the restaurant to a day care center and the bar being opened until 2:00 a.m. Ms.
Rodriguez responded to a few questions and concerns from the Commission. Commissioner
Bolton expressed his concern about the sale of alcoholic beverages. Motion passed (4-1)
with Commissioner Bolton dissenting.
BOARD ORDER 2018-05
Page 10 of 11 COMMISSION MEETING June 27, 2018
There being no further business to come before the Cit C mmission, Mayor Dressler
adjourned the meeting at 3.10 p.m.
. �1576ssier,' Mayor
Patricia Teufel CM
City Clerk
Page 11 of 11 COMMISSION MEETING June 27, 2018
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