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HomeMy WebLinkAbout2018-07-11 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COMMISSION MEETING WEDNESDAY, JULY 11, 2018 CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of Tamarac to order at 7:32 p.m. on Wednesday, July 11, 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, Assistant City Attorney Jacob Horowitz and City Clerk Patricia A. Teufel. PLEDGE OF ALLEGIANCE: Mayor Dressler led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a proclamation by Mayor Harry Dressler proclaiming July 11, 2018 as Allen Bellman Day in the City of Tamarac. (Requested by Vice Mayor Michelle J. Gomez) 2. CITY COMMISSION REPORTS: a. Commissioner Bolton: Commissioner Bolton thanked Vice Mayor Gomez for requesting the proclamation for Mr. Bellman. Commissioner Bolton said he and his wife are very competitive and he said he taught his son to say that he loves his Dad 300% and his Mother 100%. His Mother then taught him to say the he loves his Dad 300% but that he loves his Mother to infinity. Commissioner Bolton said he tried to figure out a way to make himself cool again so he purchased a Captain America Shirt and put it on and now his son says his Dad is so cool. Mr. Bellman you have a special place in my son's room and life and thank you for making me cool again. Commissioner Bolton congratulated Croatia on making it to the world cup as he rooted for Croatia growing up. Commissioner Bolton reported that he attended the 4th of July Celebration and a meeting at the Gate Condominium Assoc. where the residents expressed their concerns about their community flooding when it rains ever since Tamarac changed the level of Rock Island Road. Commissioner Bolton asked City Manager Cernech to look into that, so he could get back to the Association. Commissioner Bolton said residents of Woodlands Blvd. are upset about the traffic on that road and noted that a resident reached out to the city about calming measures and was told he needed to collect signatures and again asked the City Manager Cernech to look into this and get back to him with some answers. Commissioner Bolton welcomed Bishop Blackwood and his wife who are pastors of a church in Tamarac. Commissioner Bolton said people can follow him on Facebook or they can reach him at 954-275-3850. b. Vice Mayor Gomez: Vice Mayor Gomez said Mr. Bellman is inspiring and is glad he could be here tonight. Vice Mayor Gomez said she attended the 4th of July Celebration, the Millennium Collegiate Academy meeting yesterday when the new Principal was introduced to the Community; the Broward County Planning Council meeting; the Kings Point African American Social Club fashion show, celebrated her 24th anniversary of living in Tamarac; attended the Kiwanis Club Christmas in July event; the meeting at the Isles of Tamarac and the Employees Ice Cream Social. Page 1 of 8 COMMISSION MEETING July 11, 2018 c. Commissioner Fishman: Commissioner Fishman reported that she spent the last few weeks interacting with the residents of District 3 and attended the meeting at the Isles of Tamarac about the accidents that are occurring on McNab Rd. and noted that she will take their concerns to Broward County. Commissioner Fishman thanked people for coming out to the community meeting earlier relative to the Cell Tower issue. d. Commissioner Placko: Commissioner Placko said she attended the 4th of July Celebration at the Aquatic Center and encouraged people to go the Aquatic Center. Commissioner Placko said she also attended various 4th of July parties in the community as well as the 4th of July celebration at the Sports Complex. Commissioner Placko said she also attended the Kiwanis Christmas in July event at the BB&T Center; the Hurricane Preparedness meeting at the Community Center where one of the communities asked to have this informational meeting at their clubhouse. Commissioner Placko talked about communities creating a call list in order to check on their neighbors and encouraged people to sign up for Code Red. Commissioner Placko thanked Captain Glassman for being accommodating and reacting quickly relative to traffic calming along 70th Avenue. Commissioner Placko said this a favorite time of year for staff as the Commission is on summer break; however, the Commission members will still be here and available. e. Mayor Dressler: Mayor Dressler talked about the cell tower issue and said he received an email from the Broward League of Cities asking for a Resolution celebrating the 50th Anniversary of Home Rule. Mayor Dressler explained what Home Rule is and said that Home Rule is extremely important and over the last few years Tallahassee has steadily eroded Home Rule. This has a lot to do with the County insisting on putting the 325-ft. tower behind City Hall. Tamarac has always been concerned about public safety and Broward County is saying we don't care and that is wrong. Mayor Dressler said they are elected as fiduciaries of the people in Tamarac and as fiduciaries they have to do what is in the best interest of Tamarac. Mayor Dressler said the County said city boundaries were not taken into consideration of the placement of the Towers. Mayor Dressler talked about the people who attended the Community Meeting earlier and expressed their concerns about the safety of their families living close to the tower. This tower will be the tallest structure in Tamarac and it will depreciate the value of properties around the tower. Mayor Dressler suggested that the HOA's contact Broward County and have them come out to answer their questions and concerns. Mayor Dressler talked about the minor increase in percentages of coverage between a 200-ft tower and a 325-ft. tower and is not happy about nor convinced by any of the data presented to this Commission by the County. Mayor Dressler said you will be hearing more from him about this issue at a later date. 3. CITY ATTORNEY REPORT: Assistant City Attorney Horowitz had no report. 4. CITY MANAGER REPORT: City Manager Cernech said in response to Commissioner Bolton's requests he has forwarded to the Commissioner a link to the Traffic Calming Policy and a copy of the PowerPoint Presentation the Commission reviewed prior to adopting the policy and if he has questions, City Manager Cernech said he would be will be happy to meet with Commissioner Bolton to go over the policy. If the residents have questions, we will have them get in touch with the right person in the City to go over the policy and what is required. City Manager Cernech said as far as the flooding issues at the Gate Condominiums our Engineering Dept. is aware of the issue. They have a private draining system and he is not sure if they are hooked up to the City's drainage system. Staff has spoken with some of the Page 2 of 8 COMMISSION MEETING July 11, 2018 leadership about what may or may not occur to alleviate the flooding and we are happy to continue that dialogue and help them correct the problem. Upcoming Events: There will be a special Community Event hosted by Jeff Ellis Management in Partnership with Family Central on Saturday, August 4, 2018 at the Caporella Aquatic Center from noon to 3:30 p.m. The event features music, goodie bags for the first 60 kids in attendance, and a raffle drawing for Backpack and supplies. Family Central will also host an "Operation Backpack" give -a -way for low income families. Past Events: The Patriotic Swim Party on July 4th at the Caporella Aquatic Center was attended by 578 people and this is the highest number of attendees in this event's history and there were 3,000 attendees at the 4th of July All American Celebration later that evening. City Manager Cernech said Public Services has reported that 10 bags of trash were collected jointly by Code, Building, Fire and Public Services as a result of our second monthly right-of- way litter pick-up. 5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following individuals spoke: Ron Wasserman, 8577 Jade Dr., thanked the veterans for their service to this country and was opposed to the location of a 325-ft. cell tower behind City Hall; William McFall, 7614 NW 67th Ave., spoke about HIV Awareness. 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 seconded by Vice Mayor Gomez moved approval of the Consent Agenda as presented. Motion passed unanimously (5-0). a. Approval of the June 20, 2018 Special Commission Meeting Minutes - APPROVED b. Approval of the June 27, 2018 Regular Commission Meeting Minutes — DEFERRED TO THE AUGUST 22, 2018 COMMISSION MEETING c. TR13122 Mainlands 16 Clubhouse Parking: A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 18-19B to and approving an Agreement with Florida Blacktop, Inc. ("Florida Blacktop"), for the Mainlands 16 (Forsythe Colony) Clubhouse Parking Lot Renovations Project, located at 7100 NW 76st Street, in accordance with Bid No. 18-19B for a contract amount of $75,516.41- a contingency in the amount of $7,551.64 will be added to the project account, for a total project budget of $83,068.05; approving a Parking Lot Relocation Agreement between the City of Tamarac, Florida and the Mainlands 16 (Forsythe Colony) Home Owner's Association and authorizing the appropriate City Officials to execute said Agreements; authorizing an expenditure from the appropriate accounts; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2018-78 d. TR13144 - Increase to Ashbritt Emergency PO for Disaster Debris Removal: A Resolution of the City Commission of the City of Tamarac, Florida, approving an increase to Emergency Purchase Order Number 200991 for disaster debris removal in an amount not to exceed $400,000.00; authorizing the appropriate City Officials to take the necessary steps to Page 3 of 8 COMMISSION MEETING July 11, 2018 effectuate the approved increase; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2018-79 e. TR13139 - Recycling Processing: A Resolution of the City Commission of the City of Tamarac, Florida, approving an agreement with waste Management Inc. of Florida for Recyclable Material Processing Services utilizing the Agreement between the City of Coral Springs and Waste Management Inc. of Florida; authorizing the appropriate City Officials to execute said Agreement and take all steps necessary to effectuate the intent of the Resolution; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2018-80 f. TR13137 - Purchase of Heavy Duty Fleet Lift: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to accept and execute a Purchase Order Agreement between the City of Tamarac and Jobbers Equipment Warehouse, Inc. to purchase two (2) Heavy Duty Vehicle Lifts utilizing pricing through a formal competitive process per Sourcewell Contract 061015-MRL; authorizing an expenditure in an amount not to exceed $75,547.80 from the appropriate accounts; providing for severability; and providing an effective date. RESOLUTION R-2018-81 g. TR 13135 - Tamarac Park Playground Renovation: A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to award RFP#18-15RR to and execute an Agreement with D.W. Recreation Services, Inc. for the Tamarac Park Playground Renovation Project for an amount not to exceed $375,383.00; a contingency amount of $37,538.00 will be added to the project account for a total project budget of $412,921.00; approving funding from the appropriate Capital Improvement Account; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2018-82 h. TR13124 - Preliminary Fire Assessment Resolution: A Resolution of the City Commission of the City of Tamarac, Florida, Relating to the Provision of Fire Rescue Services, Facilities And Programs in the City Of Tamarac, Florida; Establishing the Estimated Assessment Rate for Fire Rescue Assessments for the Fiscal Year Beginning October 1, 2018; Directing the Preparation of an Assessment Roll; Authorizing a Public Hearing and Directing the Provision of Notice Thereof; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. RESOLUTION R-2018-83 i. TR13125 - FY 2019 Preliminary Stormwater Assessment: A Resolution of the City Commission of the City of Tamarac, Florida, relating to the Provision of Stormwater Management Provided by the City's Stormwater Utility; Determining that Certain Real Property will be Specially Benefited Thereby; Establishing and Confirming the Method of Calculating the Cost of Stormwater Management Service Against the Real Property that will be Specially Benefited Thereby; Directing the City Manager to Prepare or Direct the Preparation of a Preliminary Stormwater Utility Management Fee Roll Based upon the Methodology Set Forth Herein; Establishing a Public Hearing for the Proposed Stormwater Utility Management Fees and Directing the Provision of Notice in Connection Therewith, - Providing for Conflicts; Providing for Severability; And Providing for an Effective Date. Page 4 of 8 COMMISSION MEETING July 11, 2018 RESOLUTION R-2018-84 j. TR13126 - FY 2019 Preliminary Solid Waste Collection Assessment: A Resolution of the City Commission of the City of Tamarac, Florida, Relating to the Provision of Residential Solid Waste Collection Services and Facilities and Programs in the City Of Tamarac, Florida; Providing for Purpose and Definitions; Providing for Legislative Determinations; Establishing the Estimated Rate for the Residential Solid Waste Collection Services Assessment for the Fiscal Year Beginning October 1, 2018; Directing the Preparation of a Residential Solid Waste Collection Services Special Assessment Roll; Authorizing a Public Hearing and Directing the Provision of Notice Thereof; and Providing an Effective Date. RESOLUTION R-2018-85 k. TR13127 - FY 2019 Nuisance Abatement Initial Resolution: A Resolution of the City Commission of the City of Tamarac, Florida, Relating to the Provision of Nuisance Abatement on Certain Real Properties by the City in Accordance with Chapter 9, Article II, Division V of the City's Code of Ordinances; Determining that Certain Real Property has been Specially Benefited by the City's Abatement Of Nuisances Thereon; Directing the City Manager to Prepare or Direct the Preparation of a Preliminary Nuisance Abatement Assessment Roll; Establishing a Public Hearing for the Proposed Levy of Unpaid Nuisance Abatement Assessments on the Annual Tax Bill and Directing the Provision of Notice in Connection Therewith; Providing for Conflict; Providing for Severability; and Providing for an Effective Date. RESOLUTION R-2018-86 I. TR13123 - FY 2019 Preliminary Millage Rate Resolution: A Resolution of the City Commission of the City of Tamarac, Florida, Authorizing the City Manager to Send a Proposed Millage Rate of 7.2899 Mills for General Operating Purposes to the Property Appraiser for Fiscal Year 2019, and Setting September 12, 2018, at 7.00 P.M. at the Tamarac Commission Chambers, 7525 N.W. 88th Avenue, Tamarac, Florida, as the Date, Time And Place for the First Public Hearing to Set the Tentative Millage Rate and Budget for Fiscal Year 2019; Setting September 20, 2018 At 5:05 P.M. at the Tamarac Commission Chambers, 7525 N.W. 88th Avenue, Tamarac, Florida as the Date, Time, And Place for the Second Public Hearing to Adopt The Millage Rate and Budget for Fiscal Year 2019; Providing for Conflicts; Providing for Severability; and Providing for an Effective Date. RESOLUTION R-2018-87 m. TR13134 - Taste of Tamarac 2018 - in -kind support and waiver of fees: A Resolution of the City Commission of the City of Tamarac, Florida, approving a request from the Tamarac/North Lauderdale Chamber of Commerce for in -kind support and to waive fees for Friday, October 12, 2018, and Saturday, October 13, 2018, for the Taste of Tamarac event to be held at the Tamarac Community Center on Saturday, October 13, 2018, from 11.30 a.m. to 3:00 p.m.; providing for permits, proper insurance, and execution of a Hold Harmless Agreement; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2018-88 7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting. 8. ORDINANCE(S) - FIRST READING: There were no Ordinance(s) — First Reading scheduled for this meeting. Page 5 of 8 COMMISSION MEETING July 11, 2018 9. PUBLIC HEARING(S): There were no Public Hearing(s) scheduled for this meeting. 10. ORDINANCE(S) - SECOND READING: a. TO2377 - Comprehensive Plan Amendment to Create an Economic Development Element: An Ordinance of the City of Tamarac, Florida, amending the City of Tamarac Comprehensive Plan, by and through procedures required for the expedited state review process pursuant to authority under State Statutes Section 163.3184, specifically creating a new Economic Development Element of the Comprehensive Plan entitled "Economic Development Strategic Plan" attached hereto as Exhibit "A"; authorizing transmittal of the Economic Development Strategic Plan Comprehensive Plan Amendment to the Department of Economic Opportunity and other agencies as required by Florida Statutes 163.3184(3) providing for inclusion in the Comprehensive Plan; providing for conflict; providing for severability; and, providing for an effective date. Assistant City Attorney Horowitz read TO2377 by title into the record. Vice Mayor Gomez seconded by Commissioner Placko moved approval of TO2377 on second reading. Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the Public Hearing. Motion passed unanimously (5- 0). PASSED ON FIRST READING MAY 23, 2018 PASSED ON SECOND READING JULY 11, 2018 ORDINANCE 0-2018-07 b. TO2378 - Amendment to the Future Land Use Element and the Future Land Use Map of the Comprehensive Plan: An Ordinance of the City of Tamarac, Florida, amending the City of Tamarac Comprehensive Plan, by and through procedures required for the expedited State review process pursuant to authority under State Statutes Section 163.3184, specifically providing for amendments to the Land Use Element and the Future Land Use Map of the City of Tamarac Comprehensive Plan attached hereto as Exhibit "A", in order to implement the 2014 Commercial Arterial Redevelopment Study and to provide for a mechanism for conformance with the City Zoning regulations and map; authorizing transmittal of the Comprehensive Plan and Future Land Use Map Amendments to the Department of Economic Opportunity and other agencies as required by Florida Statutes 163.3184(3) providing for inclusion in the comprehensive plan; providing for conflict; providing for severability; and, providing for an effective date. Assistant City Attorney Horowitz read TO2378 by title into the record. Commissioner Fishman seconded by Commissioner Bolton moved approval of TO2378 on second reading. Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the Public Hearing. Motion passed unanimously (5- 0). PASSED ON FIRST READING JUNE 27, 2018 PASSED ON SECOND READING JULY 11, 2018 ORDINANCE 0-2018-08 c. TO2381 - 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 Page 6 of 8 COMMISSION MEETING July 11, 2018 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. Assistant City Attorney Horowitz read T02381 by title into the record. Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the Public Hearing. Community Development Director Calloway responded to a few questions from the Commission and Vice Mayor Gomez reminded the Commission that this is a living, breathing document and we can look into other things that need to be tweaked in the future. Vice Mayor Gomez seconded by Commissioner Bolton moved approval of T02381 on second reading. Motion passed unanimously (5-0). PASSED ON FIRST READING JUNE 27, 2018 PASSED ON SECOND READING JULY 11, 2018 ORDINANCE 0-2018-09 d. 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. Assistant City Attorney Horowitz read T02382 by title into the record. Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the Public Hearing. Commissioner Placko seconded by Commissioner Bolton moved approval of T02382 on second reading. Motion passed unanimously (5-0). PASSED ON FIRST READING JUNE 27, 2018 PASSED ON SECOND READING JULY 11, 2018 ORDINANCE 0-2018-10 11. QUASI-JUDICIAL HEARING(S): a. TB025: Excelsior Charter of Broward - Special Exception: Special Exception approval to allow for the use of a public, non-profit school (Excelsior Charter of Broward) in a R-1 C (Single -Family Residential) Zoning District pursuant to the Section 24-133, Tamarac Code of Ordinances. Assistant City Attorney Horowitz and went over the Quasi -Judicial processes and procedures. City Clerk Teufel swore in all affected parties. Assistant City Attorney Horowitz asked if any Commissioners had anything to disclose and Commissioner Bolton said no, Commissioner Placko said she met with Mr. Poliakoff, Vice Mayor Gomez met with the applicant and Mr. Poliakoff, Commissioner Fishman said she met with the applicant and Mr. Poliakoff and Mayor Dressler said he also met the applicant and Mr. Poliakoff. Assistant City Attorney Horowitz read TB025 by title into 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 both the Planning Board and Staff recommend approval. Attorney Keith Poliakoff and Principal Raul Baez appeared on behalf of the applicant. Mr. Poliakoff gave a presentation, a copy of which is on file in the City Clerk's Office. Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the Public Hearing. Vice Mayor Page 7 of 8 COMMISSION MEETING July 11, 2018 Gomez seconded by Commissioner Placko moved approval of TBO25. Commissioner Bolton said he visited the site of the school. Mr. Poliakoff responded to questions from Commissioner Bolton relative to noise, placement of the playground, enrollment capacity and security. Commissioner Bolton said he is not happy with the proposed level of security at the school. Principal Baez responded to questions from Commissioner Bolton relative to the curriculum that was being offered to the students. Commissioner Bolton asked for copies of the school's Financial Plan and Strategic Plan. Vice Mayor Gomez said she is pleased that the school will finally be in a free- standing building after being in the Tamarac Market Place for 17 years and that she had previously visited the school and met Principal Baez. Motion passed unanimously (5-0). BO2018-06 12. OTHER There being no further business to come before the City Co mission, Mayor Dressler adjourned the meeting at 9:37 p.m. (il & atricia Teufel, C C City Clerk Page 8 of 8 COMMISSION MEETING July 11, 2018