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HomeMy WebLinkAbout2018-06-25 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP MONDAY, JUNE 25, 2018 CALL TO ORDER: Mayor Harry Dressler called the Workshop of the City Commission to order at 9:35 a.m. on Monday, June 25, 2018 in Conference Room 105, 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 Cernech, Assistant City Manager Kathleen Gunn, Assistant City Attorney Jacob Horowitz and City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Commissioner Debra Placko led the Pledge of Allegiance. 1. Transportation Surtax Presentation — A presentation was made by Financial Services Director Mark Mason and Broward County Representatives Gretchen M. Cassini, Chris Walton and Toni Hui, a copy of which is on file in the City Clerk's Office. Ms. Gretchen Cassini opened the presentation providing background information and statistical data on where Broward County is. She spoke about expenditures, Local Discretionary Sales Surtax and why a penny for mobility is important. She talked aboul what is taxed and what is not, and how transportation options can improve livability by eliminating the need for a vehicle. Ms. Cassini updated the City Commission on Tamarac Requested Projects. Financial Services Director Mark Mason presented projects submitted in 2016, by the City, which if approved in November, would be covered by the Sales tax. He also presented City Projects to be submitted for 2018, Proposed Projects for inclusion by FDOT/Broward County, and Projects submitted to the MPO that are a part of the 2045 Plan. Ms. Cassini talked about Tamarac -identified projects currently included in the Mobility Plan and said that 90% of all projects contemplated by Broward County occur within municipal boundaries. Mr. Hui presented a map depicting Road/Trafficway Projects noting that the bike lanes along Pine Island Rd., McNab Rd & Commercial Blvd will connect missing pieces. He also presented a chart of other factors to consider that shows an expected percentage changes by age group in Broward County between 2015 and 2030 to be a population of 60+ concluding that adequate mobility options for aging residents in key to quality of life. Mr. Walton talked about public transportation program Countywide and said community involvement is necessary. Mr. Walton spoke about the need for more frequent services as roads are getting more congested and finding ways to move larger groups of people. He noted that the Rapid Bus Service on 441 will be running in 15 minutes intervals. Ms. Cassini talked about intersection improvements for the next 5-year plan, adapting to new technology and the needs for new Communication and Infrastructure. Mr. Walton spoke about Paratransit and the Proposed plan for regional mobility and transportation Enhancements. Commissioner Fishman asked what the County is doing for the current paratransit program. Commissioner Fishman talked about complaints received related Page 1 of 6 COMMISSION WORKSHOP MEETING June 25, 2018 to bus drivers not being cooperative and Mr. Walton said background checks are done on employees, and they provide 40 hours of training on passenger relations and how to handle difficult situations and noted that each vehicle has cameras. Vice Mayor Gomez said to let riders receive the message of reporting complaints. She asked what happens if the Proposed Surtax Plan does not pass and Mr. Walton responded that Broward County is committed to funding either way. Commissioner Placko asked how are calls dispatched and Mr. Walton responded it is based on the closest vehicle. Mayor Dressler asked how much money the City received for the last 5 years and Financial Services Director Mason responded approximately $2 million and added that 2016 information is included already on the plan as it exists today. Commissioner Bolton left the meeting at 10:35 a.m. returning at 10:47 a.m. Ms. Cassini said bonds will not be issued to fund these programs and funding is on a pay-as-you-go basis. Mayor Dressler asked impact of Internet Sales Tax on this issue. City Attorney Horowitz said Internet Sales Tax has no impact on this issue but will look into it further. Mayor Dressler asked if there is any data of what other Cities received. Ms. Cassini said the County is currently working on it. Mayor Dressler discussed his concerns regarding congested areas and how adding more or buses will help reduce road congestion. Commissioner Placko inquired about what part will the MPO play on this issue and Cassini responded she will meet with officials to figure that out. Mayor Dressler recessed the meeting at 11:00 a.m. Mayor Dressler reconvened the meeting at 11:15 a.m. with all present as before and opened the floor for City Commission questions. Mayor Dressler recognized Vice Mayor Gomez and she expressed her concerns regarding sales tax, the benefits to the residents and asked if the plan includes dollars to be repaid. Ms. Cassini said that payments will be made when invoices are presented, and she is not sure about active payments. Vice Mayor Gomez also inquired about projects on the list already completed and her concerns with Broward County Plans as well as City Plans and asked Ms. Cassini to please look into it. Mr. Hui said the agency will do everything they can to accommodate the issues in the City of Tamarac. Vice Mayor Gomez inquired about Rock Island and Bailey Road widening project impacts and Financial Services Director Mason said City of Tamarac's recommendation is to include the widening of Rock Island in the FDOT and the MPO Plan. Ms. Cassini referred the City Commission to the Projects previously submitted in 2016 that will be included, located at the bottom of page 5, Submissions for 2018 on page 6, top slide, and Proposed Projects for inclusion by the FDOT/Broward County on the bottom of page 6 are considered the bigger items, and Projects submitted to the MPO as long-range plans. Financial Director Mason and Ms. Cassini responded to Vice Mayor Gomez additional concerns related to schools at 94th Street, Turnpike Exit and cut through traffic. Commissioner Placko thanked City Staff for their diligence and contributions on the list provided. She asked why 30 years. Ms. Cassini said these are necessary assets and the investments are federalized with federal monies. Commissioner Placko asked how, when and where is the money coming in or made available and Ms. Cassini referred the Commissioner to the County Website to see which projects are taking place for each year. Commissioner Placko asked questions related to the Oversight Board and how items will be prioritized, specifically for projects on West Cities and east/west connection. Ms. Cassini said every effort for district connectivity will be made and this surtax will include many projects for Page 2 of 6 COMMISSION WORKSHOP MEETING June 26, 2018 all areas but only promised what Broward County can deliver. Commissioner Placko inquired about projected revenues and Director Mason responded the projection is $360 million dollars. Additional discussion continued related to projects submitted by cities and how they are going to be prioritized. Ms. Cassini talked about the Mobility Plan that was developed to distribute funding for the projects. Commissioner Bolton asked if Broward County can upfront the money then get reimbursed and Ms. Cassini responded she can look into it as it affects financial audits. Commissioner Fishman inquired about school zones, like slabs and shelters, specifically for traffic on Commercial Boulevard and Pine Island Road. Mr. Walton explained bus shelters are created based on ridership. Commission Fishman inquired about affordable housing, and how items previously voted on compare to the items now. Ms. Cassini said she will look into it. Mr. Walton commented on the need for revenue. Vice Mayor Gomez commented on internal bus and connectivity. With no further discussion, Mayor Dressler thanked all in attendance and recessed the meeting at 12:06 for lunch. Mayor Dressler reconvened the meeting as 1:11 p.m. with all present as before. 2. TR13129 — Five (5) Year Renewal Option for Golf Course Management Agreement - 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 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. A presentation was made by Financial Services Director Mark Mason, a copy of which is on file in the City Clerk's Office. Also, present representing Billy Casper Golf, LLC, were Regional Manager Dan Zimmer and Tony Chanci, and Purchasing/Contracts Manager Keith Glatz. Financial Services Director Mason entertained questions from Vice Mayor Gomez related to golf cart utilization and said all golf carts have been used. Director Mason said 100 golf carts will be traded in. Vice Mayor Gomez complimented the course and thanked presenters. Commissioner Placko asked questions related to renewal, transition and background check on staff. Director Mason noted a scrivener's error that will be corrected. Mr. Chanci responded background checks are done either on suspicion or by mandatory requests. Commissioner Fishman complimented the tour taken on the course the previous week and noted there were bumpy paths for the carts. Director Mason said it is currently being worked on and added they are looking for alternatives to re-route the golf cart paths. Mayor Dressler reiterated the correction of the scrivener's error prior to the meeting on Wednesday and thanked all presenters. 3. T02381 — Adoption of New Land Development Regulations and Zoning Map - (T02381) An Ordinance of the City Commission of the City of Tamarac, Florida, Page 3 of 6 COMMISSION WORKSHOP MEETING June 25, 2018 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. Community Development Director Maxine Calloway greeted the City Commission and presented Assistant Community Development Director Frank Zickar and Clarion Associates Director Matt Goebel, AICP who is the consultant retained to do the extensive re -write of the Land Development Code Regulations. Ms. Calloway noted the presentation is the beginning process of the adoption of the Land Development Regulations as well as the Zoning Map scheduled for First Reading and part of the legislation for Wednesday's Agenda. A presentation was made by Mr. Goebel, a copy which is on file in the City Clerk's Office. Mr. Goebel presented a Consolidated Draft and identified key themes for improvement and provided an overview of Modules 1, Module 2, and Module 3 presented to the Commission at previous sessions and said the next step is a time line for adoption and a public hearing. Ms. Calloway entertained questions by the City Commission. Vice Mayor Gomez expressed her concerns of pressure presenting such a big item to the public giving them time to absorb and address their concerns. Mayor Dressler talked about policies and procedures prior to a vote and discussed time needed to review the item. Commissioner Placko talked about community meetings and on setting aside a workshop to discuss this further. Mayor Dressler talked about Community Workshops where information is presented to the public. Ms. Calloway provided an overview of the things City Commission asked to have changed. Commissioner Fishman, Commissioner Placko and Vice Mayor coordinated respective meetings with Mr. Goebel for the following day. Commissioner Bolton had questions on page 5, requested copies of presentations be on full-size and raised questions related to the way the draft was written. Assistant City Attorney Horowitz talked about reviews by a Board and appeals procedures and Quasi -Judicial items. Commissioner Bolton inquired about items presented to the Planning Board and to the City Commission and how a Commissioner can move an item sensitive to his district up to the City Commission for discussion. Mayor Dressler said decisions are made on a collective basis. Director Calloway talked about the appeal process and the timeline. Commissioner Placko inquired about items in progress at the DRC level. Director Calloway explained the process. Vice Mayor Gomez inquired about the roles of the DRC and the Planning Board. Director Calloway explained the role and structure of the DRC committee and talked about the call up provision. City Manager Cernech requested clarification related to Major Site Plans. Director Calloway explained the process provided an example of a Major Site Plan and recommendations being proposed to the City Commission. Mayor Dressler asked about the Planning Board responsibilities. Commissioner Fishman questioned if the Commission has the call up provision and the ability to ask members of the Planning Board to move an item to the City Commission, why not able to move forward. Vice Mayor Gomez commented on having in place the flexibility to bring things forward in Page 4 of 6 COMMISSION WORKSHOP MEETING June 25, 2018 support to Commissioner Fishman's concerns. Mayor Dressler asked for a consensus to add Special Exceptions to the proposed draft. Mayor Dressler declared a consensus to add Special Exceptions to the proposal. Commissioner Bolton made a request related to page 16 of the presentation. Mayor Dressler recessed the meeting at 3:40 p.m. Mayor Dressler reconvened the meeting at 3:56 p.m. with all present as before. Director Calloway responded to questions from the Commission related to the impact of churches in shopping centers. Mayor Dressler said he is not capable of discussing the issue and ruled no discussion until he can talk to staff. 4. TR13128 -Agreement between Tindale Oliver & Associates and the City of Tamarac for Development Impact Fee Services - (TR13128) 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. A presentation was made by Community Development Director Maxine Calloway, a copy which is on file in the City Clerk's Office. Also, present was Purchasing/Contracts Manager Keith Glatz. Community Development Director Calloway entertained questions from the City Commission related to fees assessed in the permitting process and talked about the period to notify. Director Calloway noted the Website availability will be early in 2019. Vice Mayor Gomez said she looks forward to the results. 5. TR13119 —Settlement Agreement with Prestige Homes - 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 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. Assistant City Attorney Horowitz talked about the settlement of both Prestige Homes lawsuits going back to 2010 and 2011. The Resolution proposes two things: 1. To approve a Settlement Agreement with Prestige Homes; and 2. To approve a Purchase Page 5 of 6 COMMISSION WORKSHOP MEETING June 25, 2018 and Sale agreement with a third -party buyer. If approved by the City Commission, the parties jointly submit a request to the Broward County Planning Council to remove the plat restriction on track H, which requires a Fire Station development on the property. In the event the County rejects the joint request by the City and Prestige, then the settlement agreements will be void. But if the County were to approve the joint request and the restriction was remove then we move forward with the purchase and sale agreement. The respective buyer is Rock Island Storage Partners. The agreed purchase price is $1,675,000 and the City and Prestige Homes will split proceeds from the sale of the property 50/50. There will be an exchange of mutual releases and the stipulation for dismissal of all pending lawsuits with a final component in the closing of the sale of track H, essentially a rebate remits by the City to Prestige in the amount of $72,000 plus, which is a credit for funds the City previously received as part of a lien settlement that occurred years ago involving a prior lawsuit. Assistant City Attorney Horowitz said the general terms presented are proposed for Commission approval. Mayor Dressler asked for a consensus from the City Commission to approve the sale of the property. Commissioner Fishman, Commissioner Gomez, Commissioner Placko and Mayor Dressler consented to approve, and Commissioner Bolton opposed the sale of the land. The consensus resulted on 4-1 votes in favor of selling the land. There being no further business to come before the City Commission for consideration, Mayor Dressler adjourned the meeting at 4:25 p.m. Lillian Pabon, CIVIC Assistant City Clerk Page 6 of 6 COMMISSION WORKSHOP MEETING June 25, 2018