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HomeMy WebLinkAbout2017-05-24 - City Commission Regular Meeting MinutesCITY OF TAMARAC CITY COMMISSION MEETING WEDNESDAY, MAY 24, 2017 CALL TO ORDER: Mayor Harry Dressler called the Commission Meeting of the City of Tamarac to order at 9.17 a.m. on Wednesday, May 24, 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 Dressler to "Honor Flight South Florida". (Requested by City of Tamarac City Commission) b. Presentation of Certificates of Appreciation to the Mayor and Commission by Lavern Deer of Protect the Children Gala. Mayor Dressler asked for a moment of silence in memory of the victims of the bombing in Manchester, England. 2. CITY COMMISSION REPORTS: a. Commissioner Bolton: Commissioner Bolton said he had a wonderful time at the dedication of Fire Station 78 on May 11th and acknowledged former Commission Pamela Bushnell for her hard work in getting that project done. Commissioner Bolton said he drove through his district to see what problems or issues people may have. He was pleased to find out that the HOA's are happy with the Commission and staff and there is a lot of interest in the Beautification program. Commissioner Bolton said when he attended the Mainlands 4 HOA meeting he received more compliments than concerns. b. Commissioner Gomez: Commissioner Gomez said the dedication of Fire Station 78 was great. Commissioner Gomez said she attended the grand opening of the Broward County Courthouse; the Joint Water Advisory meeting; the Broward League of Cities Associate Member Night Dinner; the Senior Hall of Fame Breakfast; the workshop on the Fee Schedules; the workshop on the Land Development Code Re -write; the Concert in the Park and was present for the Honor Flight send off. Commissioner Gomez thanked everyone who came out for the sendoff. Commissioner Gomez said she also attended the Broward County Pioneer Day Event honoring former Commissioner Pamela Bushnell. Commissioner Gomez encouraged people to attend the Memorial Day Ceremony on May 29th at Veteran's Park at 10:30 a.m. Page 1 of 8 COMMISSION MEETING May 24, 2017 C. Commissioner Fishman: Commissioner Fishman noted for the record that as a group the Mayor and Commission attend a lot of the same functions. Commissioner Fishman thanked staff for putting together the workshops for the Land Development Code Re -write and Fee Schedules. Commissioner Fishman attended the Broward County Veterans Coalition meeting and encouraged veterans to get involved. Commissioner Fishman noted that she is a board member of the Community Action Agency Board. Commissioner Fishman said she also attended the Buddha Birthday Celebration at the Fo Guang San Buddhist Temple and the Challenger Baseball game. d. Vice Mayor Placko: Vice Mayor Placko said she also attended the dedication of Fire Station 78 and said our firefighters deserve the best. Vice Mayor Placko announced that she is conducting a food drive for Family Central and thanked Forsythe 16 for their generous monetary donation. Vice Mayor Placko said there are bins located in City Hall and at the Community Center and encouraged people to donate non-perishable items. Vice Mayor Placko said she was unable to attend the Buddha Birthday Celebration at the Fo Guang San Buddhist Temple or the Broward County Pioneer Day event as she was out of town. Vice Mayor Placko said she also attended the American Cancer Society Kick-off for Jail and Bail and encouraged people to get involved as cancer affects everyone. e. Mayor Dressler: Mayor Dressler said he also attended the dedication of Fire Station 78 and it was amazing. He attended many of the events already mentioned by the Commissioners. Mayor Dressler said he attended the F1360 Seminar relative to Asset Management. One of the topics was a new rule regarding higher standards for people making recommendations for IRA's and retirement plans whereby the recommendations have to be suitable and in the best interests of the client. The aim of the rule is to prevent financial advisers from steering clients towards investments with higher commissions and fees. This is a huge issue and important as it will have an effect on people's lives. Mayor Dressler said he attended the Realtors Mayors Breakfast and was able to talk about Tamarac being an award winning City as well as the re -branding of the City so that people understand that Tamarac is no longer a retirement community. 3. CITY ATTORNEY REPORT: City Attorney Goren said his office recently provided the Commission with a legislative update via memo. All of the bills on the accompanying spreadsheet have been passed by the Legislature and are now on the Governor's desk for his consideration. City Attorney Goren said his office will continue to monitor the status of each of the bills and will provide an update to the Commission. Attorney Goren said the Commission was also sent a memo regarding the Medical Marijuana Legislation together with the Department of Health Notice of Development of Rulemaking. City Attorney Goren said his office with continue to track the DOH rule making process and provide updates during the process. Mayor Dressler talked about Tallahassee's handling of the medical marijuana issue and noted that he promotes the use of medical marijuana and feels that individuals should be able to grow their own weed. 4. CITY MANAGER REPORT: City Manager Cernech reported that Tamarac has been recognized by the Kaboom! Organization as a 2017 Playful City USA Community for the 8tn consecutive year. Page 2 of 8 COMMISSION MEETING May 24, 2017 Up Coming Events: The Movie in the Park featuring the movie "SING" will be held on Friday, June 2, 2017 at the Sports Complex with pre -movie activities beginning at 6:00 p.m. and the moving starting at 8:30 p.m. The pool at the Caporella Aquatic Center that had been closed for the installation of a new water slide is expected to re -open on Friday, May 26th. The Father's Day Family Fishing Tournament will take place on Saturday, June 17, 2017 from 9:00 a.m. to Noon. The cost per person is $5 for residents and $8 for non-residents which will include a gift for Dad and lunch. 5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following individuals spoke: Ronald B. Barish, 7555 NW 99th Ave., advised that he is an advocate against human sex trafficking, children sex abuse and bullying; Ellie Weinberger, 8225 Pine Drive, of the Woodmont Community Association, invited Woodmont residents to attend a Neighbors Meeting Neighbors event at the Sawgrass Lanes on Thursday, June 8th at 7:00 p.m. Arlene Goldstein, 6796 N. Pine Island Rd., said she is unable to stay for items 11c — Colony West — Special Exception and 11 d — Colony West Major Revised Site Plan and wants to express her opposition to the proposed hotel at the Colony West Golf Couse. Mayor Dressler asked City Clerk Teufel to swear Ms. Goldstein in and allowed her to make a statement into the record. Commissioner Gomez said she appreciates Ms. Goldstein's concern and will be happy to meet with her to discuss her concerns. With no one else wishing to speak Mayor Dressler closed Public Participation. 6. CONSENT AGENDA: Mayor Dressler asked City Manager Cernech if there were any changes/additions to the Consent Agenda and City Manager Cernech said there were no changes/additions to the Consent Agenda. Vice Mayor Placko seconded by Commissioner Gomez moved approval of the Consent Agenda as presented. Motion passed unanimously (5-0). a. Approval of the May 10, 2017 Regular Commission Meeting Minutes — APPROVED b. TR12933 — Network Storage Replacement: A Resolution of the City Commission of the City of Tamarac, Florida approving the acquisition and installation of a Dell Equallogic Storage solution from Dell; authorizing an expenditure for an amount not to exceed $89,405.28; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2017-49 C. TR12956 — 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 utility easement lying in a parcel of land for the subject property located at 7801 N.W. 80 Avenue as further described in the legal description attached hereto as Exhibit A; (Case No. 2-P-17); providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2017-50 d. TR129053 — Sale of Surplus Property: A Resolution of the City of Tamarac, Florida, declaring property surplus and authorizing the appropriate city officials to execute that certain purchase and sale agreement between Juliette and Kendall Pinder and the City of Tamarac, attached hereto as Exhibit 1", for sale of an irregular shaped approximately eighty (80) by Page 3 of 8 COMMISSION MEETING May 24, 2017 seventy two and 91/100 (72.91) foot strip of real property on the west side of Rock Island Road approximately 100 feet north of Holly Drive, known as a portion of Parcel G-31, the Woodlands Section One -Phase One, according to the plat thereof, as recorded in Plat Book 66, Page 22 of the public records of Broward County Florida, being more particularly described in Exhibit "A" attached hereto and incorporated herein; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2017-51 e. TR12958 — Zoning in Progress Reasonable Time Extension — Cultivation, Processing, Dispensing or Retail Sale of Cannabis: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing a reasonable time extension of the Zoning in Progress of one hundred and eighty (180) days in accordance with Chapter 24, Article II, Division 6, Section 24-91 of the City of Tamarac Code of Ordinances; authorizing and directing the City Manager to undertake further study and review of the City's regulations relating to the number and location of uses that involve the cultivation, processing, dispensing or retail sale of cannabis in the City of Tamarac; providing that upon the adoption of this Resolution extending the Zoning in Progress an additional one hundred and eighty (180) days, no new Licenses, Business Tax Receipts, Development Orders or Permits shall be issued or processed for uses that involve the cultivation, processing, dispensing or retail sale of cannabis within the City of Tamarac for a total of three hundred and sixty (360) days from the date of the Administrative Order, consistent with this resolution; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2017-52 f. TR 12950 — Amendment to Fifth Cent Local Option Tax Agreement: A Resolution of the City Commission of the City of Tamarac, Florida approving the 2017 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; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2017-53 g. TR12951 — Amendment to Additional Local Option Gas Tax Agreement: A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate city officials to execute the 2017 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; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2017-54 h. TR12952 — Amendment to Six Cent Local Option Gas Tax: A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate city officials to execute the 2017 Amendment to Interlocal Agreement between Broward County and City of Tamarac providing for division and distribution of the proceeds of the Local Option Gas Tax imposed by the Broward County Local Option Gas Tax Ordinance; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2017-55 Page 4 of 8 COMMISSION MEETING May 24, 2017 i. TR12960 — Appointment of One (1) Member to the Planning Board: A Resolution of the City Commission of the City of Tamarac, Florida, appointing one (1) regular member to the Planning Board; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2017-56 j. TR12959 - Grant Award from FDEP: A Resolution of the City Commission of the City of Tamarac, Florida, accepting a grant award in the amount of $200,000 from the Florida Department of Environmental Protection, Land and Water Conservation Fund Program; authorizing the appropriate city officials to execute a project agreement between the Florida Department of Environmental Protection and the City of Tamarac for grant funding in the amount of $200,000 with a one-to-one match of $200,000 in local funds for the development of Waters Edge Park; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2017-57 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: a. T02358- Ordinance Eliminating Ban on Sunday Morning Alcohol Sales: An Ordinance of the City Commission of the City of Tamarac, Florida, Amending Chapter 3, of the City of Tamarac Code of Ordinances, entitled "Alcoholic Beverages", specifically deleting Section 3- 2 regarding Sunday sales of alcohol; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read T02358 by title into the record. Commissioner Gomez seconded by Commissioner Fishman moved approval of T02358. Community Development Director Calloway gave a brief overview of the purpose of the Ordinance. Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the Public Hearing. Motion passed (4-1) with Commissioner Bolton dissenting. PASSED ON FIRST READING MAY 10, 2017 PASSED ON SECOND READING MAY 24, 2017 ORDINANCE NO. 0-2017-05 Mayor Dressler recessed the meeting at 10:25 a.m. and reconvened the meeting at 10:57 a.m. with all present as before. 11. Quasi -Judicial Hearing(s) a. TBO14 — Publix at Sunshine Plaza: Sign Variances: Dunay, Miskel & Backman LLP designated agent for the property owner, Sunshine MZL, LLC, is requesting approval for two sign variances from Sections 18-25(19) and 18-51.(19)a, Tamarac Code of Ordinances, to allow two (2) pole signs, one located along Commercial Boulevard and the other along U.S. Page 5 of 8 COMMISSION MEETING May 24, 2017 Highway 441. City Attorney Goren read TBO14 by title into the record. City Attorney Goren went over the rules of the road for Quasi -Judicial proceedings and said these will rules will also apply to the other three Quasi -Judicial items on tonight's agenda as well. City Attorney Goren said any documents submitted at the DRC and Planning Board meetings and any documents submitted today are a part of the record. City Attorney Goren read Article 10 Section 2-367 of the Tamarac Code of Ordinances into the record and which states that any member of the Commission that meets with the applicant are required to disclose that meeting. City Clerk Teufel swore in all affected parties. Commissioner Gomez seconded by Vice Mayor Placko moved approval of TBO14. Mayor Dressler asked the Commission if they had anything to disclose and they all responded that they did not. Community Development Director Calloway gave staff's presentation, a copy of which is on file in the City Clerk's office. Heather Jo Allen, Esquire, appeared on behalf of the applicant. Ms. Allen reiterated a few points that were contained in Community Development Director Calloway's presentation. Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the Public Hearing. Mayor Dressler opened the floor for Commission discussion and there being none asked City Clerk Teufel to call the question. Motion passed unanimously (5-0). BOARD ORDER — BO-2017-04 b. TR12957 — WoodSpring Suites: 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 WoodSpring Suites, to allow for the development of a one hundred and twenty-three (123) room hotel with associated parking, landscaping, fitness room, covered entryways and other site enhancements, for the subject property located north of West Commercial Boulevard on Madison Avenue at 5751 Madison Avenue (specifically a portion of Tract B, Westpoint Section 7 Plat, according to the Plat thereof, recorded in Plat Book 162, Page 23, of the public records of Broward County, Florida) (Case No. 24-SP-16); providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TR12957 by title into the record. City Attorney Goren noted that the same rules of the road discussed for the previous item apply for this item. Mayor Dressler asked the Commission if they had anything to disclose and Commissioners Bolton, Fishman, Vice Mayor Placko and Mayor Dressler said they had nothing to disclose. Commissioner Gomez disclosed that she had meetings with several representatives of the applicant. Commissioner Gomez seconded by Commissioner Bolton moved approval of TR12957. City Clerk Teufel swore in all affected parties. Community Development Director Calloway gave staff's presentation, a copy of which is on file in the City Clerk's office. Attorney Jacqueline Howe appeared on behalf of the applicant. Ms. Howe introduced members of her team to the Commission: Raul Garcia, Applicant and President of Gold Coast Premier Properties; Veronica Garcia, Applicant and VP of Gold Coast Premier Properties; Jose Martinez, applicant's representative; Kristen Eudy, Architect, Wolpert Architects; Michael Marrero, Engineer, Kimley Horn; Ben Johnson, Landscape Architect, Kimley Horn; Robert O'Leary, VP of Franchise and Real Estate Development, Woodspring Suites and David Martin, President, Hotel Management Corp. Ms. Howe submitted several records into the record and were marked as Applicant's 1. Ms. Howe 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. Mayor Dressler opened the floor for Commission discussion. Commissioner Gomez thanked staff and the applicant for the time they spent with her to address her concerns. Ms. Howe, Mr. Martin, Community Development Director Calloway, Page 6 of 8 COMMISSION MEETING May 24, 2017 City Attorney Goren, Ms. Eudy, Captain Glassman, Assistant Fire Chief Sayles and Mr. O'Leary addressed the many questions and concerns expressed by the Commission. Motion passed unanimously (5-0). RESOLUTION R-2017-58 c. TBO15 — Colony West Hotel — Special Exception: Special Exception Approval to permit the operation of,..a one hundred and twenty, ,.(120) room limited. service in an S-1 (Recreational) Zoning District pursuant to, Section 24-308, Tamarac Code of Ordinances. City Attorney Goren said TBO15 and TR12954 are companion items and would be discussed together but voted on separately City Attorney Goren read TBO15 and TR12954 by titles into the record. City Attorney Goren noted that the same rules of the road discussed for the. previous items apply for both TBO15 and TR12954. City Clerk Teufel swore in all affected parties. Mayor Dressler asked if any of the Commission members had anything to disclose. Commissioners Bolton and Fishman, Vice Mayor Placko and Mayor Dressler said they had nothing to disclose. Commissioner Gomez disclosed that she met with the Attorney for the applicant Stephen Tilbrook. Community Development Director Calloway gave staff's presentation on TBO15 and TR12954, a copy of which is on file in the City Clerk's office. Mayor Dressler left the meeting at 12.54 p.m. and returned at 1:00 p.m. Community Development Director Calloway said staff recommends approval of the Special Exception and the Major Revised Site Plan. Attorney Stephen Tilbrook appeared on behalf of the applicant and advised that he had no formal presentation for the Commission. Mr. Tilbrook said he is excited about this project as it will transform this area of Tamarac as it is a quality hotel with amenities for families. Mr. Tilbrook said they met with the communities that would be impacted by this hotel and they had a good reception. Mayor Dressler opened the Public Hearing on TBO15 and with no one wishing to speak, closed the Public Hearing. Mayor Dressler opened the Public Hearing on TR12954 and with no one wishing to speak, closed the Public Hearing. Mayor Dressler opened the floor for Commission discussion. Commissioner Gomez said she also met with residents of the surrounding communities and said some people were upset about a hotel, parking overflow, people walking through their backyards and the parking lot and the noise generated during the construction period. Mr. Tilbrook and Community Development Director Calloway responded to a few questions from the Commission. All the Commission members agreed that this will be good for Tamarac. City Manager Cernech thanked everyone involved in this process and Commissioner Gomez for handling the public relations with the surrounding communities. d. TR12954 — Colony West Hotel: 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 Colony West Hotel and Clubhouse, to allow for the development of a one - hundred, twenty (120) room limited service hotel and the redevelopment of an eighteen thousand, one hundred, and thirty-five (18,135) square foot golf course clubhouse consisting Page 7 of 8 COMMISSION MEETING May 24, 2017 of a golf cart storage building, related parking, and additional site improvements. For the subject properties located at 6800, 6850 and 6890 N.W. 88 Avenue, Tamarac, Florida (Case No. 01-SP-17); providing for conflicts; providing for severability; and providing for an effective date. Commissioner Bolton seconded by Commissioner Gomez moved approval of TBO15. Motion passed unanimously (5-0). BOARD ORDER - BO-2017-05 Vice Mayor Placko seconded by Commissioner Bolton moved approval of TR12954. Motion passed unanimously (5-0). RESOLUTION R-2017-59 12. OTHER: There being no further business to come before the City Commission, Mayor Dressler adjourned the meeting at 1:31 p.m. 1. AV - I I arty D essler, Mayor Patricia Teufel, CMC City Clerk Page 8 of 8 COMMISSION MEETING May 24, 2017 C 1