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HomeMy WebLinkAbout2013-04-15 - City Commission Special Meeting MinutesCITY OF TAMARAC SPECIAL CITY COMMISSION MEETING MONDAY, APRIL 15, 2013 CALL TO ORDER: Mayor Talabisco called the Special Meeting of the City Commission to order at 7:03 p.m. on Monday April 15, 2013 in City Commission Chambers, Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL 33321. ROLL CALL: Mayor Beth Talabisco, Vice Mayor Harry Dressler, Commissioner Pamela Bushnell, Commissioner Patricia Atkins -Grad and Commissioner Diane Glasser were in attendance. Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren and Interim City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Mayor Talabisco led the Pledge of Allegiance. Mayor Talabisco asked for a moment of silence in memory of those individuals that were killed and injured today in Boston. City Attorney Goren explained the process that will be followed for tonight's hearing and discussed due process. Commissioner Bushnell seconded by Commissioner Glasser moved adoption of the rules of the road for this evening's hearing. Motion passed unanimously (5- 0). Commissioner Glasser, Vice Mayor Dressler, Mayor Talabisco, Commissioner Bushnell and Commissioner Atkins -Grad revealed ex parte conversations as follows: Commissioner Glasser — Scott Backman; Vice Mayor Dressler — Scott Backman, Zave Aberman and Daniel R. Levitan; Mayor Talabisco — Scott Backman, Zave Aberman and Daniel R. Levitan; Commissioner Bushnell — Scott Backman; Commissioner Atkins -Grad revealed she did not meet with anyone. 1. T02274 - Woodmont Land Use Plan Amendment: An Ordinance of the City Commission of the City of Tamarac, Florida, adopting an amendment to the City of Tamarac Comprehensive Plan in accordance with Chapter 163, specifically Section 163.3184 of the Florida State Statutes, concerning a Large -Scale Land Use Plan Amendment application proposed by Brian Terry of Land Design South, designated agent for the property owner, Woodmont Country Club, Inc., to change the designation of the subject use of land from Commercial Recreation to Low (0-5 du/ac) residential to accommodate the future development of a total of 152 single family dwelling units and from Commercial Recreation to Commercial to accommodate the development of approximately 28,000 square feet of Commercial Development on 4.58 acres of land for the property located at or around Pine Island Road to the west, Southgate Boulevard to the north, University Drive to the east, and NW 75th Street to the south (Case No. 1-LUA-12); providing for amendment to the land use plan to reflect such change; providing for transmittal to the State of Florida Department of Economic Opportunity for review; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read T02274 by title into the record. Vice Mayor Dressler seconded by Commissioner Bushnell moved approval of T02274 on first reading. Page 1 of 4 SPECIAL COMMISSION MEETING April 15, 2013 2. TO2275 - Woodmont Rezoning: An Ordinance of the City Commission of the City of Tamarac, Florida, amending prior zoning of certain real estate property otherwise known as Woodmont Country Club from S-1 (Recreational District) to R-1 (Single-family Residential District) for Parcel A, B, C, E, F, and G and from S-1 (Recreational District) to B-2 (Planned Community Business District) for Parcel D, for the property located at or around Pine Island Road to the West, Southgate Boulevard to the North, University Drive to the East, and NW 75th Street to the South (Case No. 7-Z-12); providing for amendment to the official Zoning Map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Goren read TO2275 by title into the record. Vice Mayor Dressler seconded by Commissioner Bushnell moved approval of TO2275 on first reading. Interim City Clerk Teufel swore in all those who wished to give testimony on the above two items. Community Development Director Jennifer Bramley gave a presentation. Community Development Director Bramley discussed the Development Agreement as well as the Planning Board's recommendation to transmit. Community Development Director Bramley responded to questions and concerns regarding the Land Use Plan Amendment, the Rezoning and the Development Agreement from the Commission. City Attorney Goren said that Dr. Antoinette R. Appel had today submitted a Quasi -Judicial application form to the City Clerk and that Attorney David Mankuta had also filed a Quasi - Judicial form on behalf of his client, Joanna Rohrback, on April 11, 2013. Scott Backman, on behalf of the applicant, Woodmont Country Club, Inc. confirmed that Ms. Bramley's presentation, both graphic and verbal, are incorporated as part of the record. City Attorney Goren said that attorney Joel Fass is present on behalf of the professional staff to assist where appropriate. Community Development Director Bramley responded to Mr. Backman's question as to her qualifications as Director of Community Development for the City of Tamarac. Vice Mayor Dressler said he wanted the record to reflect his objection to the documents Dr. Appel was submitting into evidence as he has not had a chance to review said documents prior to the meeting. Community Development Director responded to questions from Dr. Appel. City Attorney Goren confirmed that Mr. Mankuta waived his right to question at this time and said there were no other affected parties that had filed a Quasi -Judicial application or documents and said that city staff has completed its initial presentation. City Attorney Goren asked Ms. Bramley if there were any witnesses to call on behalf of the City and Ms. Bramley responded that she had no witnesses. City Attorney Goren said that all documents and information offered by Ms. Bramley during her presentation, which includes the Power Point presentation, has been moved into evidence by the City and with the Commission's motion will accept those documents into the record. Vice Mayor Dressler seconded by Commissioner Bushnell moved acceptance of all documentation presented by Ms. Bramley into the record. Motion passed unanimously (5-0). — Page 2 of 4 SPECIAL COMMISSION MEETING April 15, 2013 City Attorney Goren said that now Mr. Backman, attorney for the applicant, will make his presentation. Mr. Backman said he did submit the appropriate Quasi -Judicial forms as well as a Witness and Exhibit List at least seven days prior to this evening's meeting. Mr. Backman introduced the following experts who will be presenting this evening: Brian Terry, Juan Ortega, Daniel Levitan, Zave Aberman and Ron Baker. Mr. Backman submitted into evidence, Exhibits 1 through 7 which are on file in the City Clerk's Office. Mr. Backman, Mr. Terry, Mr. Aberman and Mr. Baker gave a presentation to the Commission and requested transmittal of the application. City Attorney Goren said that the documents and background data submitted by Mr. Backman need to be accepted into the record by motion. Vice Mayor Dressler seconded by Commissioner Bushnell moved acceptance of all documentation presented by Mr. Backman into the record. Motion passed unanimously (5-0). Mayor Talabisco called for a recess at 9:11 p.m. and reconvened the Special Commission meeting at 9:25 p.m. with all present as before. Messrs. Backman, Levitan, Aberman, Terry, Baker and Ms. Bramley responded to questions and concerns regarding the Land Use Plan Amendment, the Rezoning and the Development Agreement from the Commission. City Attorney Goren asked Dr. Appel and Mr. Mankuta if they had any questions at this time and both replied they did not. Mayor Talabisco opened the public hearing. The following people spoke in opposition to the transmittal: Dr. Marcia Becker, Sam Swirski, Andrew Pervon, Joanna Rohrback, David Mankuta, Shelia Tobick, Richard Brown, Ronna Brown, Bill Tyson, David Barkin, Jan Fleishman, Neil Karmon, Sanford Lieberman, Mark Bergman, Lee Viverette, Debra Placko, Lisa Hayden, Ron Hayden, Marion Debonis and Anthony Irvine. The following individuals spoke in favor of the project: Keith Koenig, Patrick Tauma, Richard Robbins, Helena Friedman, Ellen Steiner, Martin Sager, Don Schneider, Michael Ehrbar and Ken Fink. With no one else wishing to speak, Mayor Talabisco closed the public hearing. Mayor Talabisco called for a recess at 12:20 a.m. and reconvened the Special Commission meeting at 12:38 a.m. with all present as before. City Attorney Goren said the Commission has before them two ordinances for consideration one of which is for the Land Use Plan Amendment, TO2274, and the Rezoning, TO2275. These were entered into the record as a matter of title, the Commission has heard evidence and testimony and other commentary from numerous speakers. All of the items of evidence have now been added to the Clerk's public records and for that purpose is made part of the Commission's decision making ability this evening. At this point it has been made clear to the Commission thru presentations of both staff and the applicant that this is a transmittal hearing under Chapter 163 and what the Commission will be doing is to in fact transmit that document to other various agencies of government for purposes of their review and comment, both locally and elsewhere. The Rezoning Ordinance, TO2275, is only a first reading and would have to come back for a second reading and future review at a public hearing. The Development Agreement, as was also mentioned on the record, was only for discussion purposes this evening, it was by no means to be decided upon because Chapter 163 also requires that there be two public hearings and two public advertisements with regard to that document. Page 3 of 4 SPECIAL COMMISSION MEETING April 15, 2013 City Attorney Goren said the Commission will now take action on both items based upon the evidence and testimony and based upon the Commission's review of that evidence and testimony. There was further discussion regarding the Development Agreement and Mr. — Backman and City Manager Cernech replied to a few comments and questions from the Commission. Motion passed unanimously (5-0) on TO2274 — Land Use Plan Amendment. Motion passed unanimously (5-0) on TO2275 — Woodmont Rezoning. 3. TR12321 - Woodmont Development Agreement: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the Mayor, Vice -Mayor, or City Manager of the City of Tamarac, Florida, on behalf of the City, to execute and to otherwise enter into a Development Agreement between the City of Tamarac and Woodmont Country Club, Inc., for the development of property located within the Woodmont Plat, as recorded in Plat Book 88, Page 20, of the Public Records of Broward County, Florida, and as more fully described in the Development Agreement which is attached hereto; authorizing the City Manager to do all things necessary to carry out the aims of this Resolution; providing for conflicts; providing for an effective date. There was no action taken on TR12321 — Woodmont Development Agreement - as it was a discussion item only. There being no further business to come before the City Commission, Mayor Talabisco adjourned the meeting at 12:55 a.m. on April 16, 2013. Beth Talabisco, M or d atricia Teufel, C C Interim City Clerk Page 4 of 4 SPECIAL COMMISSION MEETING April 15, 2013