HomeMy WebLinkAbout2018-05-23 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COMMISSION MEETING
WEDNESDAY, MAY 23, 2018
CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of
Tamarac to order at 9:08 a.m. on Wednesday, May 23, 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 Bolton led the Pledge of Allegiance.
a. Presentation of a proclamation by Mayor Harry Dressler commemorating Israel's 70th
Anniversary to Israeli Consul General of Miami Lior Haiat. (Requested by Vice Mayor
Michelle Gomez)
b. Legislative Update - Representative Patricia Williams: Rep. Williams was unable to attend
and will reschedule her Legislative Update.
"— c. 1st Quarter Neighborhood Beautification Awards:
District 1: Andre Rioux & Gisele Hudon, 4507 NW 46th St.
District 2: Elmo Angelo Bartolome, 4911 Woodlands Blvd.
District 3: Debra & Herbert Sedler, 7004 NW 92nd Ave.
District 4. Walter & Sandra Ulloa, 8620 Banyan Way
Commercial: 7041 Commercial LLC - The Fountains, 7041-7111 W. Commercial Blvd.
d. Presentation of a proclamation by Mayor Harry Dressler proclaiming the month of May
2018 as "Mental Health Month". (Requested by Commissioner Marlon Bolton)
e. Presentation of a proclamation by Mayor Harry Dressler proclaiming May 19, 2018 as
"Home Fire Sprinkler Day". (Requested by Assistant Fire Marshal Tommy Demopoulos)
2. CITY COMMISSION REPORTS:
a. Commissioner Bolton: Commissioner Bolton invited members of the public to come out on
Saturday, May 26th to the Broward Teacher's Union, 6000 N. University Dr., for a Citizenship
Clinic from 10:00 a.m. to 2:00 p.m. He is hosting this Clinic in conjunction with the Florida
Immigrant Coalition and the Florida New Americans group. This is to help legal residents
become naturalized citizens. There will be a "Know Your Rights" presentation. This is being
held because of the lack of information which deters residents from becoming citizens.
Commissioner Bolton said he finally graduated with a degree in Public Safety Management
and is now moving on to earn his Masters in Criminal Justice at FIU. Commissioner Bolton
said he attended the Democratic Club Breakfast at Kings Point and acknowledged members
of the Ft. Lauderdale Executive Airport Advisory Board that were at the meeting.
Page 1 of 8 COMMISSION MEETING May 23, 2018
Commissioner Bolton said he finished his Certification to become a Florida Supreme Court
County Mediator and congratulated the Beautification Award Recipients. Commissioner
Bolton said now that Hurricane season is upon us he will be keeping his communities
informed. Commissioner Bolton said he can be reached at 954-275-3850 and you can follow .—
him on Facebook.
b. Vice Mayor Gomez: Vice Mayor Gomez said she attended the Realtors Assoc. Mayor's
Breakfast & Municipal Expo; the Broward County Council of Small Businesses Award
Ceremony, celebrated Mother's Day with her mother; attended the ribbon cutting for the Vivo
Sculpture; had coffee with Broward County Commissioner Nan Rich; attended the Chamber
Trustee Luncheon and said she was not able to attend the Challenger Baseball Picnic. Vice
Mayor Gomez talked about the Concert in the Park being cancelled and missing the
Buddha's Birthday Celebration. Vice Mayor Gomez thanked staff for all the hard work they
put in due to the heavy rains this past weekend and said if anyone experiences any problems
to call the City and let them know or you can reach her at 954-263-1918. Vice Mayor Gomez
said she attended the Broward County Workshop on Transportation where they discussed a
Transportation Surtax that will be on the November ballot. Finally, Vice Mayor Gomez invited
people to her Conversation with the Commission on Monday June 18, 2018 from 6:00 p.m. to
8:00 p.m. at Signature Pizza located at 7130 N. University Drive.
c. Commissioner Fishman: Commissioner Fishman said she attended the Northwest Council
of Elected Officials luncheon; the Kings Point Veteran's Club meeting; Commission Udine's
Hurricane Preparedness Seminar; the Broward League of Cities Annual Gala where the new
Board was sworn in; the Kings Point Democratic Club Luncheon; the Broward County
Veterans Coalition & Disabled Veterans of America Chapter 73 meetings and the
Transportation Surtax Round Table meeting. --
d. Commissioner Placko: Commissioner Placko had no report.
e. Mayor Dressler: Mayor Dressler said he attended Buddha's Birthday Celebration and said
it was attended by an awesome group of people. Mayor Dressler talked about the Bathing
Buddha Ceremony and added that he was honored to represent the City of Tamarac at that
event. Mayor Dressler talked about the Broward County Round Table meeting relative to the
proposed transportation surtax. Mayor Dressler said many of the participants asked that this
be postponed and indicated that he was opposed to the surtax.
3. CITY ATTORNEY REPORT: City Attorney Goren said there is a Memo on the dais relative
to a request for a conflict waiver from Akerman LLP. Akerman has been retained by the City
to serve as Disclosure Counsel in connection with the issuance of the City's Capital
Improvement Revenue Bonds, Series 2018. City Attorney Goren said Akerman also
represents a number of mortgagees and investors in residential home litigation. City Attorney
Goren said he recommends the Commission approves the waiver of conflict and have City
Manager Cernech sign the waiver. Vice Mayor Gomez seconded by Commissioner Fishman
moved approval of the waiver of conflict. Motion passed unanimously (5-0). City Attorney
Goren said he will be meeting with the Commission members individually to provide them
with an update on the pending litigation relative to Prestige.
4. CITY MANAGER REPORT: City Manager Cernech said the next Neighborhood District
meeting will be for District 4 at the Community Center located at 8601 W. Commercial Blvd.
on May 30th at 6:30 p.m. City Manager Cernech encouraged residents to join the elected
Page 2 of 8 COMMISSION MEETING May 23, 2018
officials and staff for a discussion on the current projects and their impact on the community.
City Manager Cernech said the next Quarterly HOA Liaison meeting is on Tuesday, June 5th
at 6:30 p.m. at the Community Center. Individuals can obtain their free certification courses
provided by the law firm of Kaye Bender Rembaum. Space is limited so please RSVP to 954-
776-1999 ext. 242 to reserve your spot.
City Manager Cernech said the Financial Services Dept. has received notice that the City has
been awarded the Distinguished Budget Presentation Award by the GFOA for the Annual
Budget Document for FY2018. This is the 21 st consecutive year the City has received this
award. In addition, the City received special recognition for their Performance Measures for
the 2"d consecutive year.
City Manager Cernech said the IT department has reported that the City has received the
Seamlessdocs "Service is Beautiful" Award for its work converting paper forms to electronic
web based documents. This is another recognition of the City's Technology Program in the
provision of services and said special thanks go to Angel Reyes and Marjorie Irizarry who
worked hard to generate this recognition.
Upcoming Events: The Memorial Day Ceremony will take place on Monday May 28th at 10-30
a.m. at Veterans' Memorial Park. This event will feature special guest speakers, Massing of
Colors, light refreshments and music by the J.P. Taravella High School Band and "What
Memorial Day Means to Me" Essay Winners will be recognized.
The next Movie in the Park will take place on Friday, June 1st, at the Sports Complex and will
feature the movie "Despicable Me 3". Pre -movie activities will take place at 7.00 p.m. and the
movie will start at 8:15 p.m.
The Father's Day Family Fishing Tournament will take place on Saturday, June 16th at
Caporella Park, 5200 Prospect Rd., from 9:00 a.m. to noon. This event includes a fishing
spot, a gift for Dad and lunch. The cost per person is $5 for residents and $8 for non-
residents. Pre -registration is on Wednesday, June 13th at the Recreation or Community
Centers. Please bring your own fishing equipment and bait — event is catch and release.
City Manager Cernech said we had a lot of rain this past weekend and when that happens
the grounds become saturated and the canals flood. Tamarac received between 7 to 8 inches
of rain and when this happens not only do our crews go out to identify areas of concern, but
we also evaluate the effectiveness of the stormwater system and areas where we have
developed trouble spots. City Manager Cernech said there are certain things that occur that
are outside of our control. City Manager Cernech gave the Commission a detailed report of
what Public Services has been working on. City Manager Cernech talked about the roles that
the South Florida Water Management District (SFWMD), FDOT and Broward County play
relative to the levels of the canals before the event and added that we were able to pump
water into the canals along with a lot of other cities. City Manager Cernech reported on a
number of trouble spots that occurred in the western and eastern sections of Tamarac as a
result of the heavy rain and what our crews did to alleviate those issues. City Manager
Cernech noted that we do an internal recap about the areas of concern and we are also
working with our governmental partners. Commissioner Bolton gave kudos to Tamarac Fire
Rescue who went out to Mainlands 6 checking on elder residents on Sunday. Mayor
Dressler added that the Governor has issued an advisory that there is a tropical storm in the
Gulf that could dump more rain on this area over the weekend.
Page 3 of 8 COMMISSION MEETING May 23, 2018
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following
individual spoke: Michael Rajner, Wilton Manors, said he serves with Commissioner Fishman
on the Broward County Human Rights Board and said Tamarac does not have a Non-
discrimination Ordinance. He is requesting the City codify a Non -Discrimination Ordinance
which is LGBT inclusive, as well as other protected classes. He also asked for a Resolution
addressed to the Broward County Commission to affirm the Human Rights Act and reject and
request for the removal of religious exemptions that are targeted toward the LGBT
community.
6. CONSENT AGENDA: Mayor Dressler asked if there were any changes/additions to the
Consent Agenda and City Manager Cernech said there were no changes/additions to the
Consent Agenda. Vice Mayor Gomez seconded by Commissioner Fishman moved approval
of the Consent Agenda as presented. Motion passed unanimously (5-0).
a. Approval of the May 9th, 2018 Regular Commission Meeting Minutes - APPROVED
b. TR13101 - Design/Build of Waters Edge Park: A Resolution of the City Commission of the
City of Tamarac, Florida, authorizing the appropriate City Officials to award RFP #17-14R
and execute an Agreement with MBR Construction, Inc., for the design/Build of Waters Edge
Park for an amount not to exceed $3,858,175; a contingency amount of $385,818 will be
added to the project account for a total project budget of $4,243,993; providing for an
additional appropriation to fund the project budget; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2018-48
c. TR13110 - Interlocal agreement with Fort Lauderdale Executive Airport increasing
weightbearing limits: A Resolution of the City Commission of the City of Tamarac, Florida,
authorizing the City Manager to execute the Fort Lauderdale Executive Airport runway weight
bearing limit interlocal agreement that increases the runway 9-27 weight -bearing limit from
60,000 lb. dual -wheel weight -bearing limit to 81,000 lb.; providing for conflicts; providing for
severability; and providing for an effective date.
RESOLUTION R-2018-49
d. TR13099-Amendment to Fifth Cent Local Option Gas Tax Agreement: A Resolution of The
City Commission of The City of Tamarac, Florida approving the 2018 Amendment to
Interlocal Agreement between Broward County and City of Tamarac providing for division and
distribution of the proceeds from The Broward County Fifth Cent Additional Local Option Gas
Tax on Motor Fuel for Transit; authorizing the appropriate city officials to execute the 2018
Amendment to Interlocal Agreement, providing for conflicts, providing for severability; and
providing for an effective date.
RESOLUTION R-2018-50
e. TR13094 - Woodspring Suites 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 Gold Coast
Premier Properties III, LLC, for the Woodspring Suites Project, located at 5801 Madison
Avenue 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
Page 4 of 8 COMMISSION MEETING May 23, 2018
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-2018-51
f. TR13109 - Contract Amendment - TSC Associates, Inc.: A Resolution of the City
Commission of the City of Tamarac, Florida, ratifying the City Manager's execution of the
agreement and Amendment Number One (1) between the City of Tamarac and TSC
Associates, Inc., and approving a Second Amendment to the agreement to provide Home
Inspector, Specification Writer and Construction Liaison services in the amount of $175,000
from November 21, 2016 through November 21, 2019; authorizing the appropriate City
Officials to execute Amendment Number Two (2) attached hereto as Exhibit 1" and
incorporated herein; providing for renewals, providing for conflicts; providing for severability;
and providing an effective date.
RESOLUTION R-2018-52
g. TR13108 - Woodmont Country Club — Vacation of Easement: A Resolution of the City
Commission of the City of Tamarac, Florida, approving a Vacation of Easement petition in an
effort to vacate a 20 foot Platted Drainage Easement lying in a parcel of land for the subject
property located on a parcel of land located near the NE corner of NW 75th Street and NW
84th Lane as further described in the legal description attached hereto as exhibit a survey,
(Case No. 1-P-18); providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2018-53
h. TR13103 - Award of Bid 18-01 B - Tamarac Bikeway / Walkway System Phase IV: A
_. Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 18-01 B
to and approving an Agreement with Stanford & Sons Trucking Corp., d/b/a Stanford
Construction Co., for the Tamarac Bikeway/Walkway System Project — Phase IV, starting at
University Drive on NW 72nd Street heading east until NW 72nd Street becomes Brookwood
Boulevard, continuing on Brookwood Boulevard crossing McNab Road and continuing
southward on Brookwood Boulevard until it becomes NW 70th Avenue, terminating at NW
57th Street, in accordance with Bid No. 18-01B for a contract amount of $661,015.19; a
contingency in the amount of $66,101.50 will be added to the project account, for a total
project budget of $727,116.69; authorizing an expenditure from the appropriate accounts;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2018-54
i. TR13098-Amendment to Additional Local Option Gas Tax Agreement: A Resolution of The
City Commission of The City of Tamarac, Florida approving the 2018 Amendment to
Interlocal Agreement between Broward County and City of Tamarac providing for division and
distribution of the proceeds from The Broward County Additional Local Option Gas Tax on
motor fuel ordinance; authorizing the appropriate city officials to execute the 2018
Amendment to Interlocal Agreement; providing for conflicts, providing for severability; and
providing for an effective date.
RESOLUTION R-2018-55
_. j. TR13106 - Grant Award and Agreement Execution: Art of Community Grant Award for a
Mosaic Tile Mural and Splashpad Flooring at Tamarac Village Park: A Resolution of The City
Commission of The City Of Tamarac, Florida Accepting an Art Of Community Grant Award
from the Community Foundation Of Broward, Inc. for a mosaic tile mural and splash pad
Page 5 of 8 COMMISSION MEETING May 23, 2018
flooring at Tamarac Village Park in the amount of $75,000; authorizing the appropriate city
officials to execute an agreement and necessary documents pending legal review between
the Community Foundation Of Broward, Inc. and The City Of Tamarac for grant funding in the
amount of $75,000; providing for a 1-1 match in local funds in the amount of $75,000; .—
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2018-56
k. TR13104 - Safe & Secure Self Storage 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 Tamarac McNab
Self Storage, LLC, for the Safe & Secure Self Storage Project, located between 8215 and
8301 West McNab 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-2018-57
7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting.
8. ORDINANCE(S) - FIRST READING:
a. T02377 - 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. City Attorney Goren read T02377 by title into the record. Vice Mayor Gomez
seconded by Commissioner Bolton moved approval of T02377 on first reading. Motion
passed unanimously (5-0).
PASSED ON FIRST READING MAY 23, 2018
b. T02378 - 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. Commissioner Fishman seconded by
Commissioner Bolton moved approval of T02378 on first reading. City Attorney Goren read
T02378 by title into the record. Commissioner Bolton said the Commission knows how he
Page 6 of 8 COMMISSION MEETING May 23, 2018
feels about churches and he does not think they should be prohibited from strip malls.
Commissioner Bolton said churches should be allowed to be 20% of a strip mall as there is
not enough land to build a church on and this is onerous for churches. Motion passed
unanimously (5-0).
PASSED ON FIRST READING MAY 23, 2018
c. T02379 - Amendment to Zoning Code to Prohibit Medical Marijuana Dispensing Facilities
within the City of Tamarac: An Ordinance of the City Commission of the City of Tamarac,
Florida amending Chapter 24 of the City's Code of Ordinances, entitled "Zoning" by creating
Section 24-9 entitled "Medical Marijuana Dispensing Facilities Prohibited"; providing for
purpose and findings; prohibiting medical marijuana dispensing facilities within the City of
Tamarac; providing for codification, providing for conflicts; providing for severability; and
providing for an effective date. City Attorney Goren read T02379 by title into the record.
Commissioner Bolton seconded by Vice Mayor Gomez moved approval of T02379 on first
reading. Commissioner Fishman said she wants it understood that just because we are
prohibiting Medical Marijuana Facilities now it does not mean this cannot be addressed in the
future. Mayor Dressler confirmed that this can be looked at in the future. Commissioner
Bolton said Commissioner Fishman does not speak for everyone on the Commission and he
wants to make sure it is understood that he disagrees with Commissioner Fishman. Motion
passed unanimously (5-0).
PASSED ON FIRST READING MAY 23, 2018
9. PUBLIC HEARING(S): There were no Public Hearing(s) 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. TBO-22: Broward Junior Academy - Special Exception: Special Exception approval to
allow for the use of a private, non-profit school (Broward Junior Academy) in a R-1 C (Single -
Family Residential) Zoning District pursuant to the Section 24-133, Tamarac Code of
Ordinances. City Attorney Goren announced that this item has been pulled from the agenda
and will not be heard today. City Attorney Goren said the applicant concurs and will refile and
be heard at a future date.
City Attorney Goren said Item 11 (b) TBO-23 - Polio Tropical — Special Exception and Item 11
(c) TR13107 — Polio Tropical — New Development Site Plan are companion items and will be
discussed and presented on jointly; but will be voted on separately. City Attorney Goren read
TB023 — Polio Tropical — Special Exception and TR13107 — Polio Tropical — New
Development Site Plan by titles into the record. City Attorney Goren went over the Quasi -
Judicial processes and procedures and 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. Attorney Dennis Mele appeared on behalf of the applicant and
responded to a few comments and questions from the Commission. Mayor Dressler opened
the Public Hearing and with no one wishing to speak, closed the Public Hearing.
b. TB023-. Polio Tropical - Special Exception: Special Exception Approval to allow for the use
of a fast -casual dining restaurant with dual drive through lane service for the proposed Polio
Page 7 of 8 COMMISSION MEETING May 23, 2018
Tropical restaurant located in the MXD (Mixed Use District) pursuant to the Permitted Uses
Master List, Section 24-434, Tamarac Code of Ordinances.
c. TR13107 - Polio Tropical - New Development Site Plan: A Resolution of the City
Commission of the City of Tamarac, Florida, granting New Development Site Plan approval
(with conditions) for Polio Tropical to allow for the development of a 3,500-square foot fast
casual dining restaurant with dual drive -through lane service, for the subject property located
on the north side of West. Commercial Boulevard east of N.W. 91 st Avenue and west of N.W.
88t' Avenue at 8851 West Commercial Boulevard (Specifically, Block 9, Lots 2,3,4 & 5 of the
Lyons Commercial Subdivision Unit No. 2 Plat, according to the Plat thereof, recorded in Plat
Book 69, Page 43, of the public records of Broward County, Florida) (Case No. 3-SP-17);
providing for conflicts; providing for severability; and providing for an effective date.
Vice Mayor Gomez seconded by Commissioner Fishman moved approval of TBO-23 - Polio
Tropical — Special Exception. Motion passed unanimously (5-0).
BOARD ORDER No. BO-2018-04
Commissioner Bolton seconded by Vice Mayor Gomez moved approval of TR13107 — Polio
Tropical — New Development Site Plan. Motion passed unanimously (5-0).
RESOLUTION R-2018-58
12. OTHER
There being no further business
adjourned the meeting at 10:41 a.m
Patricia Teufel, C
City Clerk
to come before the City mission, Mayor Dressler
ar ressler, Mayor
Page 8 of 8 COMMISSION MEETING May 23, 2018