HomeMy WebLinkAbout2017-02-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC
CITY COMMISSION MEETING
WEDNESDAY, FEBRUARY 22, 2017
CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of
Tamarac to order at 9.06 a.m. on Wednesday, February 22, 2017 in City Commission
Chambers, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Harry Dressler, Vice Mayor Debra Placko, Commissioner Marlon Bolton,
Commissioner Michelle J. Gomez, and Commissioner Julie Fishman 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.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a proclamation by Mayor Harry Dressler proclaiming the month of March
2017 as "Purchasing Month". (Requested by Purchasing/Contracts Manager Keith Glatz)
b. Presentation by Mayor Harry Dressler of Employee Service Awards-
5 -Year Award: Marie Doblas, Fire Inspector, Fire Rescue
1.0 - Year Awards: Alecia Sinclair, Procurement Coordinator, Financial Services; Raymond
Hudanich, Driver Engineer Paramedic, Fire Rescue; Christopher McCarthy, Driver Engineer
Paramedic, Fire Rescue, James Scott, Firefighter Paramedic, Fire Rescue; Brandon Walker,
Firefighter Paramedic, Fire Rescue; Jason Bentley, Water Plant Lead Operator, Public
Services; Nishaad Preetam, Water Plant Operator A, Public Services; William Vallejo,
Recreation Assistant, Part Time, Parks & Recreation
20 Year Awards: Jeffrey Moral, Assistant Fire Chief, Fire Rescue; Charlene Nevadomski,
Recreation Programmer II, Parks & Recreation
30 Year Award: Timothy Brown, Firefighter Paramedic, Fire Rescue
2. CITY COMMISSION REPORTS:
a. Commissioner Bolton: Commissioner Bolton reported that while he walks his district he is
mindful that nothing else matters but the people and that you must always listen to them.
Commissioner Bolton said it is heartwarming to see people in the audience as a lot of people
cannot attend Commission meetings and acknowledged a resident in attendance.
Commissioner Bolton said he recently attended a birthday party at the Bermuda Club for Ms.
Doris Shirley who turned 100 years old. Commissioner Bolton said he was happy to
represent the City and present Ms. Shirley with a proclamation.
b. Commissioner Gomez: Commissioner Gomez thanked Commissioner Bolton for sharing
the story about Ms. Shirley. Commissioner Gomez said she attended the Lime Bay Women's
Club Meeting and the very well attended BSO Shred -A -Thou last Saturday. Commissioner
Gomez reported that she is honored to have been appointed to the Florida League of Cities
Nominating Committee.
Page 1 of 10 COMMISSION MEETING February 22, 2017
c. Commissioner Fishman: Commissioner Fishman said she manned the P.A.R.O.T. table at
the Garage Sale and commended BSO for the successful Shred-A-Thon which had
approximately 600 cars show up. Commissioner Fishman said this is a wonderful program.
d. Vice Mayor Placko: Vice Mayor Placko said she attended the MPO meetings last week and
a representative from Broward County Transit spoke and said since 1994 ridership has
increased 180% which is a good indication that we need to plan for the future as Millenniums
are not looking to drive cars. A representative from the Turnpike Authority reported that they
are looking for additional exit and entrance ramps at Cypress Creek Road. Vice Mayor
Placko said the MPO is pursuing looking into traffic congestion on Commercial Blvd. Vice
Mayor Placko said she attended the Career Day at Millennium Middle School and the
students were very attentive and she suggested they have a field trip and attend one of the
Commission meetings.
e. Mayor Dressler: Mayor Dressler said he gets involved at national levels as it is important
for Tamarac to be seen on a national level. Mayor Dressler reported that the US Conference
of Mayor's asked him to sign a proclamation making a commitment to LGBT rights which he
was happy to sign. Mayor Dressler said he is on the Broward League of Cities Executive
Board and he has been promoted to 2"d Vice President and in two years he will be President
which will afford Tamarac a higher profile in the County.
Mayor Dressler said he and his wife, Faith, traveled to the Dominican Republic and spent
time with a group of impoverished women. These women have dirt floors in their homes and
many do not have electricity. Mayor Dressler said he wants to remind everyone how
privileged we are to live in the United States. Mayor Dressler talked about his mother
migrating to the USA from Cuba. Mayor Dressler said we have to look at the opportunities the
USA has given us because not everyone has that good fortune.
3. CITY ATTORNEY REPORT: City Attorney Goren said on February 14th the Commission
was sent the most recent legislative update with pending bills. There are several bills that the
Commission has been made aware of by both the Broward League of Cities and Florida
League of Cities dealing with business license taxes. Under the two pending bills the City
would no longer be able to regulate businesses in the City. City Attorney Goren HB 17 would
eliminate the authority of local government and the companion bill caps fees at $25. These
are serious issues and staff is looking at it very carefully as it could have a fiscal impact on
the City. City Attorney Goren said the Ethics bill did not go away and would require the
Commission members to file a Form 6 in lieu of Form 1 which the Commission now file. This
bill is alive and well.
City Attorney Goren said there are about a dozen hand gun management bills, better known
as open carry bills that essentially allow a member of the public to carry a weapon in public
buildings such as this building which is not currently allowed. There are some other ethics
bills that are pending which relate to voting conflicts and would prohibit an elected official
from discussing or debating or voting on the issue on the dais with respect to any gain or loss
as opposed to Special Private Gain or Loss. City Attorney Goren went on to highlight several
other bills contained on the list that was provided to the Commission. City Attorney Goren
said this is only February and the session doesn't begin until next month and this list of bills
has increased from 6 pages to 45 pages that his office feels are tailored to local government.
Page 2 of 10 COMMISSION MEETING February 22, 2017
City Attorney Goren said we have publically had this discussion about bus tours. Where
Commissioners or others who would otherwise look to get on a bus and take a tour there is
case law that would suggest that it is a public meeting even if it is simply for fact finding. The
suggestion is that you would expose yourself and the City to Sunshine laws. There is
actually a bill pending which says that conditions under which members of board or
commission which would validate the ability to take a bus tour as opposed to leaving open
the question of violating state law. City Attorney Goren responded to comments from Mayor
Dressler relative to HB 17. Mayor Dressler talked about an article he wrote that appeared
online for the Sun Sentinel Top 100 forum.
City Attorney Goren said there is a League of Cities Newly Elected Boot Camp coming up on
February 24th and he along with members of his law firm will be speakers. This will take place
at the MPO Building from 8:30 a.m. to 1:00 p.m. It is a 4 hour class of which two hours are
dedicated to State Ethics Requirements.
4. CITY MANAGER REPORT: City Manager Cernech said Summer Camp registration
packets will be available February 27, 2017. Mail -in registration for residents begins March
6th; mail -in registration for non-residents begins March 13th. Summer camp, which runs from
June 19th through August 11th, is offered for Ages 5 — 12 and tween camp is available for
ages 13-14 (with limited space). Packets can be picked up at the Community and Recreation
Centers.
City Manager Cernech reminded everyone that the pool at the Aquatic Center is closed for
open swim during the remainder of February and will re -open March 1st; however the facility
will be open for regular scheduled classes and the swim team.
Past event: The Community Garage Sale held on February 11th had nearly 100 vendors and
hundreds of shoppers.
Upcoming Events: City Manager Cernech said that on February 23rd at 6:00 p.m. a reception
at the Community Center will be held for the after school participants from the City's Fast
Track Program who took part in a six -week program with our Black History month artist
Sharon Thomas Duca. The children created self-portraits under the guidance of Ms. Duca
and following the reception, the works of art will be on display at the Community Center
through March. The first Concert in the Park, featuring the band "Solid Brass" will take place
on Sunday, February 26th at Mainlands Park from 1.00 p.m. to 3.00 p.m. as parking is limited
there will be a shuttle offered from the Mainlands 1 & 2 Clubhouse. The next concert will be
held on Friday March 10th from 7:00 p.m. to 9:00 p.m. at the Sports Complex and will feature
the band "Motowners".
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following
individual spoke: Michael Daoud, 7904 Hibiscus Cir., spoke about overnight parking problems
and the lack of enforcing the no overnight parking code.
6. CONSENT AGENDA: Mayor Dressler asked if there were any change/additions to the
Consent Agenda and City Manager Cernech said there were no changes/additions to the
Consent Agenda. Vice Mayor Placko seconded by Commissioner Fishman moved approval
of the Consent Agenda. Motion passed unanimously (5-0).
Page 3 of 10 COMMISSION MEETING February 22, 2017
a. Approval of the February 8, 2017 Regular Commission Meeting Minutes - APPROVED
b. TR12895 - PC Lease with Lenovo Financial Services: A Resolution of the City Commission
of the City of Tamarac, Florida, authorizing the appropriate City Officials to execute a master
lease agreement with Lenovo Financial Services to lease two hundred and twenty-two (222)
desktops and laptops for three (3) years at an annual cost of $71,883.00 for a total cost of
$215,649 at the end of three years; authorize the acquisition of three hundred and twenty-
seven (327) monitors from Lenovo at a cost not to exceed $68,663, providing for conflicts;
providing for severability; and providing for an effective date.
RESOLUTION R-2017-12
c. TR12909 - Amending Charitable Entities: A Resolution of the City Commission of the City
of Tamarac, Florida, Amending Resolution R-2017-02, by specifically adding to the list of
charitable entities with whom the City of Tamarac recognizes a formally approved
relationship; providing for an Amended Exhibit "A", attached hereto and incorporated herein,
as may be amended from time to time, for the expressed purpose of compliance with Section
1-19(c)(5)(a)(4) of the Broward County Code of Ordinances; providing for conflicts; providing
for severability and providing for an effective date.
RESOLUTION R-2017-13
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:
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. Temp. Board Order No. 13: Tamarac Day Care Center - Special Exception: Special
Exception Approval to permit the operation of a child day care center with an outdoor play
area in the B-1 (Neighborhood Business) Zoning District pursuant to the Permitted Uses
Master List, Section 24-434, Tamarac Code of Ordinances. City Attorney Goren read TBO 13
by title into the record. City Attorney Goren went over the Quasi -Judicial procedures and
regulations and City Clerk Teufel swore in all affected parties. Community Development
Director Calloway appeared and gave a presentation, a copy of which is on file in the City
Clerk's Office, and ended by saying that staff supports the Special ,Exception with conditions.
Mr. Joseph Kaller appeared on behalf of the applicant and said this is the day care operator
Sasha Maricola's third facility that she will be opening; there is one in Hollywood and the
other is in Margate. Mr. Kaller said the applicant has submitted a signed petition by 27 people
who are in favor of the project. Mr. Kaller ended by saying that it has been a pleasure working
with staff on this project.
Mayor Dressler opened the public hearing and with no one wishing to speak, closed the
public hearing.
Page 4 of 10 COMMISSION MEETING February 22, 2017
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Commissioner Bolton expressed his concern about the added traffic the day care center
would generate and Community Development Director Calloway said it was minimal and
there would be no impact. Commissioner Gomez also expressed her concerns about traffic
and adequate parking. Mr. Kaller responded to Commissioner Gomez's concerns and Ms.
Maricola described what a typical day would be like. Ms. Maricola responded to questions
about recess, scheduling, verification of names on petition, security, size of the play area and
safety of the children and talked about her other two day care centers.
Mayor Dressler recessed the meeting at 10.42 a.m. and reconvened the meeting at 10:59
with all present as before.
Ms. Maricola and Mr. Kaller responded to questions about adequate lighting in the parking
lot, shade covering for the play area, and the security and safety for the children in the play
area. There was a lengthy discussion about the child care license process and credentialing
and the guidelines that need to be met relative to safety. City Attorney Goren and Community
Development Director Calloway responded to concerns about adequate parking at the facility
in the future.
Mayor Dressler reopened the Public Hearing and Joel Davidson, 4608 Norfolk Pine Island Dr.
expressed his concerns about traffic in that area. With no one else wishing to speak Mayor
Dressler closed the Public Hearing.
Mayor Dressler asked the Commission to disclose any communication with the applicant: All
said they did not, with Commissioner Bolton saying he did speak with the applicant's mother
and that conversation had nothing to do with the day care center.
Commissioner Gomez asked if this item could be delayed so that staff could look into the
issues raised by the Commission. There was a discussion about having this project come
back before the Commission should issues with traffic because of the day care center arise in
the future. City Attorney Goren and Community Development Director Calloway went over
the decision making process and roles and responsibilities of the Commission in this matter.
City Manager Cernech said we are here because we have an applicant who is bringing a
business into Tamarac which requires a Special Exception because it is a day care center.
There are 50 children in the center and traffic generated is somewhere in the neighborhood
of 100 cars a day and when you figure in the other businesses that may occupy the plaza the
impact could be significantly greater. City Manager Cernech said we should not be boot
strapping this applicant on the traffic. City Manager Cernech said traffic on Commercial Blvd.
is already atrocious and is not this applicant's issue. They are here to open a business which
is something we encourage to fill the vacancies in plazas. City Manager Cernech said if traffic
is such a big issue we need to have a global discussion because we can't encourage people
to come in and then tell them no .because of traffic. We need to have a larger discussion
about traffic and economic development.
City Attorney Goren went over the Board Order in great detail.
Page 5 of 10 COMMISSION MEETING February 22, 2017
Commissioner Gomez seconded by Assistant City Manager Phillips moved approval of TBO
13. Motion passed unanimously (5-0).
BOARD ORDER 2017-03
Mayor Dressler passed the gavel to Vice Mayor Placko and left the meeting.
b. TR12902 - Woodmont Country Club Phase ll/Golf Course & Maintenance Building - Major
Revised Site Plan: A Resolution of the City Commission of the City of Tamarac, Florida,
granting Major Revised Site Plan approval (with conditions) for Woodmont Country Club
maintenance building and golf course, to allow for the proposed golf course maintenance
building and a redesigned 9 hole golf course, new driving/aqua range, new practice areas,
new mature tree planting program, renovation of sand traps, relocation of certain tee boxes
and/or waterways, extensive landscaping, addition of strategically placed coquina waste
areas, cart paths and other beautification efforts for the subject property located at 7801 N.W.
80 Avenue, Tamarac, Florida (Case No. 10-SP-16); providing for conflicts; providing for
severability; and providing for an effective date. City Attorney Goren read TR12902 by title
into the record. City Attorney Goren went over the Quasi -Judicial procedures and City Clerk
Teufel swore in all affected parties. City Attorney Goren said all data before the DRC and
Planning Board are part of the record today and any data submitted today will also be part of
the record.
Mayor Dressler returned to the meeting and Vice Mayor Placko passed the gavel back to
Mayor Dressler.
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 the Planning Board forwarded a favorable
recommendation with 4 conditions and went over the 4 conditions.
Mayor Dressler recessed the meeting at 12:06 p.m. and reconvened the meeting at 12:32
p.m. with all present as before.
Community Development Director Calloway continued with her presentation and went over
the changes to the Amended and Restated Development Agreement and the 10 Conditions
of approval. Mayor Dressler accepted staff's PowerPoint presentation into the record as
Staff's Exhibit 1.
Attorney Scott Backman appeared on behalf of the applicant and entered the applicant's
PowerPoint presentation into the record as Applicant's Exhibit 1, a copy of which is on file in
the City Clerk's Office.
Mayor Dressler opened the floor for Commission discussion.
Mayor Dressler asked how you get from the 8th hole to the ninth. Joe Jemsek, Golf Design
Designer/Consultant for the applicant replied that there is an existing bridge. Community
Development Director Calloway clarified for Mayor Dressler the 8th Condition of Approval.
Vice Mayor Placko said the bridge is in serious need of repair.
Community Development Director Calloway said Michael Beebe, Beebe & Associates, Golf
Course Design, Renovation and Development Consulting — Consultant for the City of
Page 6 of 10 COMMISSION MEETING February 22, 2017
Tamarac said he has thoroughly reviewed the proposed design produced by Mr. Jemsek and
has agreed that the design and cost estimates required for the implementation and future
maintenance of the Woodmont Golf Course is adequate. Vice Mayor Placko said the
Statement of Values reflects two amounts $860,000 and $1,377,000 and asked how it will be
determined how much money will be deposited into the Escrow Account. Community
Development Director Calloway explained the process for determining the amount and
Attorney Backman said the money would be deposited upon closing with Pulte. Vice Mayor
Placko confirmed that City Manager Cernech and City Attorney Goren have approved the
Escrow Agreement and that the City is in receipt of a signed copy of the Development
Agreement.
Vice Mayor Placko asked what would be done to eliminate contaminating the area when soil
is moved around. Mr. Mark Schmidt, the applicant, said that to the best of his knowledge the
golf course does not have any contamination, only the proposed residential area did, and no
dirt would be moved around on the golf course. Mr. Schmidt also said the dirt that would be
moved by Pulte will meet all regulations. Mr. Schmidt said the bridge we spoke of earlier does
need to be replaced and will be done reasonably soon. Mr. Schmidt said they have spent
$300,000 on the golf course and they will continue to spend money on the golf course. There
was a discussion on the types of grass that would be used on the Pines and Cypress golf
courses.
Vice Mayor Placko asked why the maintenance shed was moved. Mr. Backman said there
was no way to get in or out and Broward County said they would not be able to have a
driveway in the original area located off University Dr. The current location is available and is
the right location. There was a discussion regarding the feral cats that inhabit the current
maintenance building property. Mr. Backman said the cats would be taken care of properly.
Mr. Jemsek discussed the types of equipment that would be housed in the maintenance
building.
Vice Mayor Placko said that she cannot in any way condone the maintenance building being
put where it is proposed to be and that there must be a way to move it somewhere else on
the County Club property or close to University Drive. There was a discussion regarding the
buffering of the maintenance building. Vice Mayor Placko reiterated that she does not want
the maintenance building in that area.
Mayor Dressler opened the Public Hearing and the following individuals indicated their
opposition to the proposed placement of the maintenance building: Ronna Brown, Paula
Roberge, Linda Chow-Quan, Abe Lisner, Francis Chow-Quan, Frank Naczi, Cliff Seitler.
Mayor Dressler recessed the meeting at 2.00 p.m. and reconvened the meeting at 2:14 p.m.
with all present as before.
Mayor Dressler continued the Public Hearing: Dick Brown, Matilde Elsa Suarez, Patricia
Wynn, Lisa Hayden, Beyniel Llanis, and Michael Doud. The following individual expressed his
concern about fencing: Lee Viverette. All pertinent information on the speakers is on file in
the City Clerk's Office. With no one else wishing to speak, Mayor Dressler closed the Public
Hearing.
Page 7 of 10 COMMISSION MEETING February 22, 2017
Mr. Backman responded to questions from Commissioner Gomez relative to the sheds. City
Attorney Goren said Mr. Backman has the right to ask anyone who is here today any
questions and Mr. Backman said there is no need to call anyone for cross examination. Mr.
Backman said there is nowhere else the maintenance building can go. This property has
been tested and looked at by Broward County and other governmental agencies and has
been approved. Mr. Backman said they have made a lot of progress and they are working
towards completion dates. They are willing to listen to suggestions but this is a permissible
and allowable use. Mr. Backman said he does not want progress to cease, does not know of
any other locations; his client has legal rights that have been complied with and hopes the
Commission will move this forward.
Messrs. Backman and Schmidt responded to more questions from Commissioner Gomez
regarding the maintenance building, sheds, operating hours and the maintenance of the
proposed site.
Vice Mayor Placko said Woodmont is a premier community and this project is a great project
for that community. Vice Mayor Placko said she wants this project to move forward as Mr.
Schmidt, staff, the fire department and engineering have been discussing where this should
go. Vice Mayor Placko asked if she could pull the maintenance building issue out of this and
go back to the staff, the applicant, the engineers and fire department to find another location.
City Attorney Goren said the Commission owns and controls this and staff and the Planning
Board have given you their best recommendation. If this Commission, in reviewing this
particular application, wants to approve it with an exception, the Commission can certainly
exercise that right. City Attorney Goren said yes the overall application can be considered
with the carve out of this particular item to be sent back to staff, along with applicant's legal
counsel, for further review. Vice Mayor Placko said we have to find a way to put this
somewhere where it will not impact the residents and asked staff to look at another location.
There are no other options or locations where the maintenance building can go that will not
create an impact on other residential communities. Mr. Backman said he is not sure what
more they can offer and by delaying this it will put the City in violation of the Development
Agreement. This will also create other issues. Vice Mayor Placko said at the Planning Board
Meeting you were asked if you looked at any other location and you indicated you had not.
Mr. Backman said that was correct but since then they have looked at various other locations
throughout the golf course and any one of those locations would also create problems. Mr.
Schmidt said that the further he moves the maintenance building away the farther people will
have to come in, it will create more noise driving through the golf course just to get to the
maintenance building. Mr. Schmidt reiterated that there are no other locations and they have
moved the building back as far as they could from the six houses and they buffered the
building 7 times what the code calls for. Vice Mayor Placko offered several other potential
sites that she believed would work.
Mayor Dressler asked when the closing with Pulte will take place and Mr. Backman
responded that it would take place five days after site plan approval sometime in April
There was a general discussion relative to the placement of the building, noise, fencing
around the building, buffering, when work would be done on the golf course, the possibility of
vagrants using the area and the possibility of children climbing the 6 foot fence.
Page 8 of 10 COMMISSION MEETING February 22, 2017
City Attorney Goren reminded the Commission that as of yesterday Pulte had signed the
Agreement and we have a legally binding relationship between Pulte, Woodmont Country
Club and the City of Tamarac. The applicant has met commitments and actions have been
taken. Mayor Dressler talked about the fiduciary responsibility of the Commission and noted
that the Commission is trying to be responsible for the community.
City Attorney Goren said what is before the Commission today is a Major Revised Site Plan
for the golf course and the maintenance building. This is a Quasi -Judicial item and the
purpose of today's hearing was to hear testimony and evidence to be able to support the
applicant's request for that approval. The subject matter was contained in the amended
Development Agreement which was approved by the Commission. Pulte and Woodmont
have signed off and the Commission has the burden to follow the Code, the Charter and
State Law. The Commission has heard from the residents, the applicant and applicant's
counsel. There comes a time when you will have to make hard decisions. City Attorney
Goren said the matter of concern he has is the fact that the applicant under oath has said that
they cannot change the placement of the maintenance building. City Attorney Goren said he
will not suggest that Mr. Backman is right or wrong. City Attorney Goren talked about the
Zaveco lawsuit to which the City is not a party and the City has done nothing right or wrong or
indifferent to be involved in that lawsuit. In fact we have walked that line steadily and carefully
for the past few years recognizing that the litigants were not the City but were Zaveco and
Woodmont. The City has done everything it could to avoid crossing that line. City Attorney
Goren said he has concerns that we are in a different place today than you were back in
January when the Development Agreement was under consideration. Mayor Dressler noted
for the record that some decisions are torturous for the Commission and explained the next
steps the Commission could take and the process in order to achieve an end result.
Vice Mayor Placko asked if there is a reason that Pulte is not buying the property now. Mr.
Backman said it is very typical in land development contracts to make sure that you have all
approvals before you purchase the property. Pulte does not have site plan approval yet and
they will not close on the property and spend millions of dollars on a piece of property until
they know they have all their approvals.
Vice Mayor Placko asked to have a one on one conversation with City Attorney Goren. City
Attorney Goren noted for the record that he would only be talking with the Vice Mayor.
Mayor Dressler recessed the meeting at 4:04 p.m. and reconvened the meeting at 4:45 p.m.
with all present as before.
City Attorney Goren thanked the Commission for the opportunity for the brief recess. City
Attorney Goren said we left off with a series of possible motions. There is only one motion
currently on the floor. City Attorney Goren said he had a conversation with the Vice Mayor
privately and he also had some time with the applicant's legal counsel. City Attorney Goren
suggested that the Mayor allow the applicant's counsel to present a proposed compromise
that has not yet been discussed with the Commission but maybe legally supportable and
defensible and somewhat more harmonious in the context of the potential pressure that might
occur if certain actions don't occur this afternoon.
Mr. Backman said as the Commission knows the building was moved an additional 32 feet to
the west and what did not shift was the fence. The applicant is proposing to make the entire
Page 9 of 10 COMMISSION MEETING February 22, 2017
eastern buffer fence line moved against the building and install an 8 foot high wall along the
southern side of the building. Mr. Backman then described at length the additional fencing
and buffering being proposed at the site. Mr. Backman responded to questions from the
Commission relative to the proposed wall and fence. Commissioner Gomez said this is a
good compromise. Commissioner Bolton said he is a proponent of the people and we have a
duty to the City and developer. If the people are happy with this then he has no problem with
this moving forward but if the people are not happy he would not be comfortable moving
forward.
Mr. Backman responded to additional questions about the fence from Vice Mayor Placko.
Vice Mayor Placko said this has been agonizing for everyone. We have spent many hours
trying to do what is best for the community. Vice Mayor Placko said she studied the plans to
try and find another location and was unable to do so. Vice Mayor Placko said this is a viable
option now and she knows she cannot make everyone happy and will have to make a
decision. This is now more tolerable than it was and a good deal for the community.
Mayor Dressler reopened the Public Hearing and the following individuals expressed their
concerns about the project: Jan Fleishman, Dick Brown, Patricia Wynn, Carlos Suarez, Paula
Roberge and Michael Daoud. All pertinent information on the speakers is available in the
City Clerk's Office. Mr. Backman responded to some questions from the speakers. With no
one else wishing to speak Mayor Dressler closed the Public Hearing.
Vice Mayor Placko made a motion to amend TR12902 as proposed by applicant's legal
counsel regarding the wall and fence combination for the maintenance building as described
on the record. The motion was seconded by Commissioner Gomez. Motion passed
unanimously (5-0).
Commissioner Gomez seconded by Vice Mayor Placko moved approval of TR12902 as
amended. Motion passed 4-1 with Commissioner Bolton dissenting.
RESOLUTION R-2017-14
12. OTHER. -
There being no further business to come before the City Commission, Mayor Dressler
adjourned the meeting at 5:24 p.m.
Harry Dressler, Mayor
Page 10 of 10 COMMISSION MEETING February 22, 2017