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Home My WebLink About2010-04-15 - City Commission Special Meeting MinutesCITY OF TAMARAC SPECIAL CITY COMMISSION MEETING THURSDAY APRIL 15, 2010 CALL TO ORDER: Mayor Talabisco called the Special meeting of the City Commission to order at 6:00 p.m., on Thursday, April 15, 2010 in Chambers at Tamarac City Hall, 7525 NW 88t" Avenue, Tamarac, FL 33321. PRESENT: Mayor Beth Talabisco, Vice -Mayor Harry Dressler, Commissioner Pamela Bushnell, Commissioner Patricia Atkins -Grad, and Commissioner Diane Glasser. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel A. Goren, and City Clerk Marion Swenson. Mayor Talabisco welcomed everyone and discussed the rules for the evening's hearing, and then led the pledge of allegiance. City Attorney Goren explained the process that will be followed for tonight's hearing, and discussed due process. Commissioner Bushnell seconded by Vice -Mayor Dressler moved adoption of the rules of the road for this evening's hearing. On roll call Commissioner Bushnell voted "yes", Commissioner Atkins -Grad "yes", Commissioner Glasser "yes", Vice -Mayor Dressler "yes", and Mayor Talabisco "yes". Motion carried. Mayor Talabisco, Vice -Mayor Dressler, Commissioner Bushnell, and Commissioner Atkins -Grad revealed ex parte conversations as follows: Mayor Talabisco — Norman Rack and Dennis Mele; 'Vice -Mayor Dressler — Dennis Mele; Commissioner Bushnell — Dennis Mele; Commissioner Atkins -Grad — Dennis Mele. 1. TO2195: Motion to adopt an Ordinance of the City Commission of the City of Tamarac, Florida, on first reading adopting an amendment to the City of Tamarac Comprehensive Plan in accordance with Chapter 163, and specifically Section 163.3184 Florida Statutes, concerning a Large -Scale Land Use Plan Amendment proposal by Dennis Mele, Esq., of Ruden McClosky, Designated Agent for the Property Owner, the Edward Rack Corporation, to change the designation of 7.16 acres of land from Commercial Recreation to Commercial as well as the Amendment of 80.93 acres of land from Commercial Recreation to an Irregular 4.67 du/ac residential land use designation for the property located at 6800 NW 88th Avenue, Tamarac, Florida (Case No. 1-LUA-10); providing for amendment to the land use plan to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read Temporary Ordinance 2195 on first reading by title. Vice - Mayor Dressler seconded by Commissioner Atkins -Grad moved adoption. 2. TO2196: Motion to approve an Ordinance of the City Commission of the City of Tamarac, Florida, on first reading amending prior zoning of certain real estate property otherwise known as Colony West Golf Course (Pinehills) from S-1 (Recreation District) to B-1 (Neighborhood Business District) and from S-1 (Recreation District) to R-4A Page 1 of 4 Special City Commission Meeting April 15, 2010 (Planned Apartment Residential District), for the property located at or around 6800 NW 88th Avenue, Tamarac, Florida (Case No. 1-Z-10); providing for amendment of the official zoning map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read Temporary Ordinance 2196 on first reading by title. Vice -Mayor Dressler seconded by Commissioner Atkins -Grad moved adoption. City Clerk Swenson swore in all those who wished to give testimony on the above two items. Community Development Director Bramley gave a presentation and introduced Carl Peterson of Jacobs Engineering Group, traffic consultants to the City of Tamarac, who spoke of primary and secondary access and trips generated. Community Development Director Bramley discussed the Development Agreement as well as the Planning Board's recommendation, with stipulations, to transmit. Dennis Mele, on behalf of applicant, 200 E Broward Boulevard, Ft. Lauderdale, introduced Norman Rack. Mr. Rack, 6800 NW 88 Avenue, Tamarac, FL 33321, introduced his father, Edward Rack and spoke of the declining use of golf courses. Mr. Mele spoke of compatibility with the existing comprehensive plan and surrounding neighborhoods as well as impact on governmental services. Mr. Mele spoke of redevelopment mitigating traffic impacts as related to the traffic study and population projections. Mr. Mele said the Development Agreement would be recorded to bind the current owner or any other owner. Mayor Talabisco called for a recess at 7:40 p.m. and reconvened the Special Commission meeting at 8:00 p.m. with all present as before. Jeffrey Bass, 46 SW 1 Street, Ft. Lauderdale, FL representing the Plum Bay Homeowners Association, Inc. and Plum Harbor Homeowners Association, Inc., and individuals in the Plum Bay Plum Harbor neighborhoods, spoke in opposition to transmittal of land use amendment. Mr. Bass introduced Robert Curtis, Land Planner, Andrew Dolkart, Economist and Molly Hughes, Traffic Expert, who all spoke in opposition to transmittal. Mr. Bass gave a presentation and discussed guarantees and securities, lack of negotiations between the parties, notice requirements and the development agreement, open space, code enforcement and timing of future construction. Mayor Talabisco opened the public hearing. The following people spoke in opposition to the transmittal: Paul Reutershan, 6703 Westwood Blvd. East (affected party); Margaret Hollis, 6210 NW 89 Avenue, (affected part); Penete Rabie, 8911 NW 64 Court, (affected party); Tom Harvey, 5502 Dogwood Way, Lauderhill (not affected party); Russell Russo, 9330 Lime Bay Blvd., Apt. 307 (representing part of affected condominium); John Hollis, 6210 NW 89 Avenue, (affected party); Leroy Browne, 6017 NW 89 Avenue, (affected party); Bett Willett, 2646 Emerald Way Circle, Deerfield Beach, (not affected party); Bernard Sternberg, 9893 N Grand Dune Circle, (affected Page 2 of 4 Special City Commission Meeting April 15, 2010 party); Amy Neel, 9461 Santa Rosa Drive, (affected party); Diann Taylor, 9551 Stanley Lane, (not affected party); Manuela Tarroja Keller, 9743 N Grand Duke, (affected party); Joseph Quaider, 9260 Wedgewood Drive, (affected party); Alfred Keller, 9743 N Grand Duke, (affected party); Todd Frank, 8805 Paradise Court NW, (affected party); Bridget Argueta, 9823 North Grand Duke circle, (affected party); Anita Reid, 6701 NW 93 Avenue (not affected party); Andy Forem, 9500 NW 65 Street, (affected party); David Reid, 6701 NW 93 Avenue, (not affected party); Taylor Frank, 8805 Paradise Court, (affected party); Katie Ziadore, 9581 Santa Rosa Drive, (affected party); Bryan Adeline, 6605 Westwood Blvd. E., (affected party); Gregory Drapos, 6460 NW 89 Avenue, (affected party); Robert Curran, 6431 NW 89 Avenue, (not affected party); Gordon Cudahy, 9826 NW 65 Court, (affected party); Julie Chase, 9551 Santa Road Drive, (affected party); Leslie Dennis, 9809 NW 67 Court, (affected party); Lyn Pierce, 9810 NW 67 Court, (affected party); Scott Larson, 6592 Westwood Blvd. W., (affected party); Sean Brown, 6703 NW 98 Avenue, (affected party). The following people spoke in support of transmittal: Janice Carr, 9902 Westwood Drive, (affected party); Carolyn Courtney, 8205 NW 61 Street, (affected party); Herbert Grant, 8403 NW 58 Place, (affected party); Owen Williams, 8380 Lagos De Campo Blvd., #310, (affected party); Kurt V. Iveram, 8260 Holly Court, #202, (not affected party); Randy Abravalia, 7018 NW 106 Avenue, Tamarac/8401 Sands Point, Tamarac (not affected party); F. D. Mickey Rossell, 6740 N Pine Island, (affected party); Dan Rafferty, 7653 NW 79 Avenue, (not affected party); Robert Dell'Aquila, 8050 W McNab Road, (not affected party); Willie Vulpis, 6401 N University Drive, (not affected party); Scot Ridingel, 9144 NW 48 Court, Coral Springs, FL, (not affected party); Dustin Deems, 8380 Sands Point Blvd., Apt. J209, (employee of Colony West); Diane Mattaliano, 8005 Hibiscus Circle, (not affected party); Everton Fairweather, 7107 NW 66 Street, (not affected party); Zila Gore Chamber, 2101 Shinnecock Hills Way, Coral Springs, FL, (not affected party); Charles Johnson, 8208 NW 58 Street, (not affected party); Michael O'Brien, 11528 NW 18 Manor, Coral Springs, FL, (not affected party). Mr. Mele, attorney for Applicant, refuted several statements made by Mr. Bass, attorney for Plum Bay/Plum Harbor Homeowner Associations. There being no one else wishing to speak, Mayor Talabisco closed the public. hearing. Commissioner Bushnell questioned the area surrounding Monterrey/Sabal Palm and whether there was a significant increase in crime over the past three years, and questioned what might be required with regard to traffic mitigation. Mr. Mele said alternate routes would have to be found to mitigate traffic. Commissioner Bushnell questioned who pays for the maintenance of the open space in question and Mr. Mele said the new Homeowner Associations would pay once the associations are turned over to the residents; before that the developer would pay. Commissioner Bushnell questioned treatment of the golf courses by chemicals and Mr. Mele spoke of environmental audit reports that would be required. Commissioner Bushnell confirmed buffers would be installed prior to infrastructure or building. Commissioner Glasser expressed concern that since there is no developer for the property, between now and the time a developer is chosen the plans could be changed; Mr. Mele said the Page 3 of 4 Special City Commission Meeting April 15, 2010 Developer's Agreement goes with the land. Mayor Talabisco asked if it is a legal requirement to have a Developers Agreement prepared as part of this process and Mr. Mele said it is not. Mayor Talabisco questioned what would happen if the Mayor and City Commission approve the transmittal and a developer is not found for several years; to which Mr. Mele responded the Gold course would remain operational until construction is begun; but if the golf course does not stay operational it must be maintained in the same condition it is now. Mayor Talabisco asked what options are available if the ordinances do not get approved and Mr. Mele said the client will close the course. Deputy City Manager Cernech said BSO needs more information and time to research the statistics of crime in the Sabal Palm/Monterrey area. Mayor Talabisco called for a recess at 11:52 p.m. and reconvened the Special Commission meeting at 11:57 p.m. with all present as before. On roll call for Temporary Ordinance 2195 Vice -Mayor Dressler voted "no", Commissioner Atkins -Grad "no", Commissioner Glasser "no", Commissioner Bushnell "no", and Mayor Talabisco "no". Motion denied. City Attorney Goren explained Temporary Ordinance 2196 is rendered legally moot due to the fact that Temporary Ordinance 2196 did not pass. There being no further business to come before the Mayor and City Commission, Mayor Talabisco adjourned the Special meeting of the City Commission at 12:15 a.m. Beth Talabisco, Mayor NO / I ,-Marion Swens&,7,MC ICity Clerk Page 4 of 4 Special City Commission Meeting April 15, 2010 1 1 1