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HomeMy WebLinkAbout2014-05-28 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING W E D N ES DAY, MAY 282 2014 CALL TO ORDER: Mayor Harry Dressler called the Regular Commission Meeting of the City of Tamarac to order at 9:11 a.m. on Wednesday, May 28, 2014 in City Commission Chambers, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321. ROLL CALL: Mayor Harry Dressler, Vice Mayor Michelle J. Gomez, Commissioner Pamela Bushnell, Commissioner Diane Glasser and Commissioner Debra Placko were in attendance. Also in attendance were City Manager Michael Cernech, Assistant City Attorney David Tolces and City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Commissioner Bushnell led the Pledge of Allegiance. 1. PROCLAMATIONS AND PRESENTATIONS: a. Legislative Update - Representative Hazelle Rogers: Representative Rogers had a last minute conflict of interest and was unable to attend the meeting. 2. CITY COMMISSION REPORTS: a. Commissioner Bushnell: Commissioner Bushnell reported that she attended the Aging and Disability Resource Center (ADRC) breakfast, Relay for Life event, Buddha's Birthday Ceremony at the Buddhist Temple; brunch honoring Commissioner Glasser, the Challenger Baseball Team event for challenged individuals, hurricane preparedness seminar, Parks and Recreation Master Plan exercise, concert on the green at the Colony West Golf Club and the Memorial Day Ceremony on Monday. b. Vice Mayor Gomez: Vice Mayor Gomez attended the ADRC breakfast, Relay for Life, Buddha's Birthday Ceremony, brunch honoring Commissioner Glasser, Challenger baseball game, Tamarac Business Forum at City Furniture, Parks & Recreation Master Plan exercise, Concert at Colony West Golf Club and the Memorial Day Ceremony. Vice Mayor Gomez said she will be unable to attend the TU potluck dinner and invited people to attend the next "Coffee with the Vice Mayor" on June 22nd from 1 to 3 p.m. at Menchie's. c. Commissioner Glasser: Commissioner Glasser said she also attended many of the events already mentioned, the ADRC of Broward Senior Hall of Fame Award Ceremony and mentioned that there is a whole process that an individual has to go through to become a Senior Hall of Famer. Commissioner Glasser acknowledged that Ilene Lieberman, who was in the audience, is a Hall of Famer. d. Commissioner Placko: Commissioner Placko said the Memorial Day Service was very moving and said she too attended the brunch honoring Commissioner Glasser and commented that Commissioner Glasser is an incredible woman. Commissioner Placko said that Woodmont is starting the COPS Program once again, is very excited and encouraged people who live in Woodmont to apply to participate in the program. Page 1 of 7 REGULAR COMMISSION MEETING May 28, 2014 e. Mayor Dressler: Mayor Dressler commented that there are so many events and celebrations in the City they are almost too numerous to mention and the events that have been mentioned by my colleagues have taken place just over the past two weeks. 3. CITY ATTORNEY REPORT: Assistant City Attorney Tolces did not have a report. 4. CITY MANAGER REPORT: City Manager Cernech reported that Tamarac is a nominee for the Radiance Award sponsored by the Public Relations Society of America for our work in promoting the 50t" Anniversary Celebration. Staff has been advised by the US Conference of Mayors that Tamarac has been awarded the Outstanding Achievement City Livability Award for cities smaller than 100,000 in the 2014 City Livability Awards Program. The Community Development Dept. and the Public Art Committee are pleased to report that the City has been selected for the Broward 100 Mural Project which aims to commemorate Broward's Centennial with bold, innovative art and performance projects that attract visitors and brings residents together using arts, sports and recreation venues and natural attractions. Tamarac's approval is under the "Visualeyes Category" which will allow for the painting of an artistic mural on the northeast wall of the Broward Sheriff's Public Safety Building on the Tamarac City Hall Campus. City Manager Cernech reported that the PAROT Foundation's 3rd Annual Golf Tournament on May 9t" was very successful with 92 golfers and 26 sponsors and raised over $13,000. Upcoming Events: City Manager Cernech invited people to attend the Movie in the Park event featuringthe move "The Nut Job" at the Tamarac Sports Complex on Friday, June 6t" , pre -events start at 7:00 p.m. and the movie starts at 8:15 p.m. Ci Manager Cernech invited people to attend the Zumba Dance Party taking place on June 6t at the Community Center from 7:00 p.m. to 9:00 p.m., the fee is $15 until June 4t" and thereafter $20 and child care for children ages 4 thru 11 will be provided at a cost of $5 per child; the Father's Day Fishing Tournament takes place on Saturday, June 14t" from 9:00 a.m. to Noon, the fee for residents is $5 and non-residents $8. Commissioner Bushnell invited TU grads to attend the potluck dinner at the Recreation Center on Saturday evening. Mayor Dressler spoke of the various awards Tamarac has won over the last year and also mentioned that Moody's published a report on Municipal Finance in which they mention Tamarac and lauded the city for the flexibility that we showed during and after the housing crash in 2008. 5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and the following individuals spoke: Tara Piatek, 98904 NW 70t" Court, thanked the City for the support for the Relay for Life event, gave an inside view of how the event came together, thanked city staff, CERT Members, BSO and residents for everything they did to make the Relay for Life event successful. Sharon Baron, 4709 Woodlands Blvd., expressed her concern about the number of Charter schools in Tamarac, added that Tamarac needs to appoint an Educational Advisory Committee and asked that consideration be given to streaming the Planning Board meeting. Patti Lynn, 6411 NW 58t" St., spoke about the Memorial Day Ceremony, asked the Commission to address the VA backlog and attend the Broward County Vets Coalition meeting on June 16t" at 11:00 a.m. at the Veterans Center on Commercial Blvd., advised that the tractor trailers on 57t" St. are still an issue and ended by saying that her daughter just passed her final exam and is now a licensed commercial pilot. Stewart Webster, 7900 Colony Circle So., expressed his concern about the fence around Versailles Gardens and Page 2 of 7 REGULAR COMMISSION MEETING May 28, 2014 hoped they would be aesthetically Annual Foster Care Field Day on sponsorship of the event. pleasing and invited the Commission to attend the 2nd June 1st at the BB&T Center and possibly consider 6. CONSENT AGENDA: Mayor Dressler asked if there were any additions/changes to the Consent Agenda and City Manager Cernech said there were no additions/changes to the Consent Agenda. Vice Mayor Gomez seconded by Commissioner Glasser moved approval of the Consent Agenda as presented. Motion passed unanimously (5-0). a. Approval of the May 14, 2014 Regular Commission Meeting Minutes —APPROVED b. TR12481 - Wastewater Main Rehabilitation Inflow & Infiltration Project FY14 — SAK Construction: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to accept and execute an agreement between the City of Tamarac and SAK Construction, LLC., utilizing Choice Facility Partners (CFP) Contract #10/039MP-01 for an amount not to exceed $1,950,000 for the FY14 Wastewater Main Rehabilitation Inflow and Infiltration Project; authorizing the appropriate City Officials to administer the contract; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2014-51 c. TR12494 - 2014 Edward Byrne Memorial Justice Assistance Grant (JAG): A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to accept the 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) award and execute a Memorandum of Understanding between the City of Tamarac and the Broward Sheriff's Office pending legal review; authorizing the Broward Sheriff's Office to continue to serve as the lead agency providing for the administration of the 2014 Edward Byrne Memorial Justice Assistance Grant (JAG); providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-201452 d. TR12496 - Reciprocal Use Agreement with the School Board: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to execute a Reciprocal Use Agreement between the City of Tamarac and the School Board of Broward County, Florida, to provide reciprocal use of city and school board facilities; providing for conflicts; providing for severability; and providing an effective date. RESOLUTION R-2014-53 e. TR12489 Land Acquisition - 7200 N. University Drive: A Resolution of the City Commission of the City of Tamarac, Florida approving and authorizing the proper City Officials to execute that certain real estate Purchase and Sale Contract for the purchase of real property located at 7200 N. University Drive, Tamarac, Florida; attached hereto as Exhibit "A" and incorporated herein; providing for the approval of the contract and authorizing the proper City Officials to consummate the transaction contemplated by the contract for purchase and sale; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2014-54 7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting. Page 3 of 7 REGULAR COMMISSION MEETING May 28, 2014 8. ORDINANCE(S) -FIRST READING: There were no Ordinance(s) —First Reading items 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 the meeting. 11. QUASI-JUDICIAL HEARING(S): a. TR12498 - Bethlehem Academy School Special Exception: A Resolution of the City Commission of the City of Tamarac, Florida, approving a special exception petition to allow the expansion of an existing private school use on the property located at 6843 West Commercial Boulevard within the Marketplace at Tamarac Shopping Center. (Specifically Parcel "A", of the RK Plat, according to the Plat thereof, as recorded in Plat Book 143, Page 22, of the public records of Broward County, Florida) pursuant to Section 24-548, Tamarac Code of Ordinances; (Case No. 3-Z-14) providing for conflicts; providing for severability; and providing for an effective date. Assistant City Attorney Tolces read TR12498 by title into the record and went over the Quasi -Judicial proceedings. The Commission disclosed that they did not have any ex parte communications with the applicant for this item. Assistant City Attorney Tolces swore in all affected parties. Community Development Director Calloway appeared and gave staff's presentation, a copy of which is on file in the City Clerk's Office, and ended by saying the Planning Board and staff recommend approval of TR12498. Commissioner Bushnell seconded by Commissioner Placko moved approval of TR12498. Community Development Director Calloway, City Manager Cernech and Assistant City Attorney Tolces responded to a few questions from the Commission. Amy Edwards, COO, Janoura Realty & Management, Inc., Audrey Nelson, Bethlehem Academy Administrator and Marcia Morency, Bethlehem Academy Principal, appeared on behalf of the applicant and said that staff's report was thorough and that Bethlehem Academy operates as a for profit school and they have no application before Broward County asking for consideration of an ad valorem waiver. Mayor Dressler opened the public hearing and Patti Lynn, 6411 NW 58th St. expressed her concerns regarding additional traffic that would be generated and asked the Commission to reconsider this until buffer walls have been constructed at Mainlands 8; Andrew Buys, 6700 NW 57th Court, also spoke of the need for a buffer wall. With no one else wishing to speak Mayor Dressler closed the public hearing. Community Development Director Calloway and Ms. Edwards responded to additional questions and concerns from the Commission. Motion passed unanimously (5-0) RESOLUTION R-2014-55 Mayor Dressler recessed the meeting at 10:19 a.m. and reconvened the meeting at ' 10:28 a.m. with all present as before. Page 4 of 7 REGULAR COMMISSION MEETING May 28, 2014 b. TR12499 - The International High School - Special Exception: A Resolution of the City Commission of the City of Tamarac, Florida, approving a special exception petition (with condition) to allow for a charter high school use on the subject property located at 8301 West McNab Road (Specifically, lots 4, 51 62 7, less the 2 feet of Lots 4, 51 6, and 7, in Block 35 of McNab Commercial Subdivision No. 2 according to the plat thereof, as recorded in Plat Book 73, Page 28, of the public records of Broward County, Florida); (Case No. 6-Z-14) providing for conflicts; providing for severability; and providing for an effective date. Assistant City Attorney Tolces read TR12499 by title into the record. Commissioner Bushnell seconded by Vice Mayor Gomez moved approval of TR 12499. Assistant City Attorney Tolces went over the Quasi -Judicial proceedings and swore in all affected parties. Commissioner Placko disclosed that she had met with Ms. Michelson, Mr. Poliakoff, Mr. Hall and Mr. Gutierrez; Commissioner Bushnell disclosed that she met with Mr. Poliakoff, Mr. Hall, Mr. Gutierrez; Commissioner Glasser disclosed that she met with Mr. Poliakoff, Mr. Hall and Mr. Gutierrez; Vice Mayor Gomez disclosed she met with Mr. Poliakoff, Mr. Hall and Mr. Gutierrez and had a conversation with Ms. Michelson; Mayor Dressler disclosed that he met with Mr. Poliakoff Mr. Hall and Mr. Gutierrez. Community Development Director Calloway appeared and gave staff's presentation, a copy of which is on file in the City Clerk's Office, and ended by saying the Planning Board failed to forward a recommendation to the Commission on TR12499. Keith M. Poliakoff, Esquire, appeared on behalf of the applicant and introduced the following experts that would address concerns that were raised at the May 7th Planning Board Meeting: Messrs. David Stiles, Thomas A. Hall, Jorge A. Gutierrez and Michael J. Vonder Meulen. Mr. Poliakoff then introduced Exhibits 1 thru 16, and incorporated all documents into the record, which are on file in the City Clerk's office. Mr. Poliakoff said that after the May 7th Planning Board Meeting he worked with staff to address the concerns that were raised by the residents regarding access to 70th St. The applicant has agreed to fence in the entire property, provide closed circuit surveillance, provide a security guard, hire 4 additional staff members and the Code of Conduct has been modified to meet the expressed concerns. Mr. Poliakoff gave a presentation, which has been incorporated into the record, and talked about the special exception request, the parties involved, location of the proposed charter high school and surrounding communities and businesses. Mr. Jorge Guiterrez, 20801 Biscayne Blvd., Aventura, FL spoke about the site plan, landscape plan, floor plan and changes and renovations to the existing building. Mr. Thomas Hall 1355 Adams St., Hollywood, FL discussed traffic generation and flow, stacking and ample parking spaces. Mr. David Stiles, 21800 U.S. Hgwy. 19 No., Clearwater, FL, operator of the school talked about Newpoint School's approach to education, the students that would be served, students they would be targeting, the success rate of Newpoint's school in Clearwater, hours of operation, qualifications to enroll in the school and the typical student profile. Mr. Stiles played a video from a past student called "Elysa's Story" after which he talked about the makeup of staff members. Mr. Michael J. Vonder Meulen, 301 E. Atlantic Blvd., Pompano Beach, FL talked about the special exception criteria and the applicant's full compliance. Mr. Poliakoff went over in detail how the applicant has addressed all of the concerns that were raised at the Planning Board Meeting. Page 5 of 7 REGULAR COMMISSION MEETING May 28, 2014 Community Development Director Calloway submitted and incorporated staff's entire file and presentation into the record. Mayor Dressler expressed concern that the Planning Board was unable to submit a recommendation to the Commission on the Special Exception as there was a quorum present. Community Development Director Calloway replied that the Planning Board is required by code to forward a recommendation to the Commission, however, that did not occur. Mayor Dressler read Section 24-552(b) which states that "within 30 days of the public hearing, the Planning Board shall submit a report and recommendation to the City Commission" and said that neither a report or a recommendation was forwarded and this creates a problem and asked Assistant City Attorney Tolces if it would be suitable to send this item back to the Planning Board for a recommendation per City Code. Assistant City Attorney Tolces said with respect to the report you do have the report submitted by staff which is a lesser issue. With respect to the recommendation there is the word "shall" and the board failed to formally pass a motion either for, or in opposition to, the special exception. The Commission has the right to interpret its own Code as it sees fit and if the Commission determines that it needs a recommendation then it would be appropriate for the Commission to make a motion to send this matter back to the Planning Board for a formal recommendation. There was a brief discussion regarding the Planning Board Report after which it was determined that staff's report was sufficient as the Community Development Department has taken up the responsibility of preparing that report for the Planning Board as they do not have their own staff to produce the report. Mayor Dressler confirmed that a motion could be heard to send this back to the Planning Board. Commissioner Placko made a motion to get a recommendation from the Planning Board. Assistant City Attorney asked for clarification of the motion. Commissioner Placko said it was a motion to send this back to the Planning Board to get a recommendation and Commissioner Glasser seconded the motion. Commissioner Bushnell confirmed that they would not have an opportunity to question the applicant until this comes back before the Commission with the recommendation from the Planning Board. Assistant City Attorney said essentially this is a motion to table this item until it comes back with a recommendation from the Planning Board at which time the Commission will continue this Quasi -Judicial hearing and the Commission can at that point question and hear from the public and affected parties and proceed. Mayor Dressler said this goes back to the Planning Board and the applicant can have the opportunity to restate their case and anybody who is an affected parry will be able to give testimony or speak out either for or against the item. Commissioner Glasser added that she felt the motion should include a time frame as it cannot go on forever and Mayor Dressler concurred. There was a brief discussion regarding a reasonable time frame and how it would fit into the schedule for the next Planning Board meeting. Mayor Dressler asked if the original motion needed an amendment to be inclusive of a time frame. Assistant City Attorney said Commissioner Placko would need to amend the motion. Commissioner Placko said she would like to add to have this done in a timely fashion to the motion. Mayor Dressler asked for a clarification of the motion and Assistant City Attorney Tolces said it is a motion to table this matter and direct that this matter be sent back to the Planning Board for a formal recommendation pursuant to Section 24-552(b) of the City's Code of Page 6 of 7 REGULAR COMMISSION MEETING May 289 2014 Ordinances and that the matter be heard by the Planning Board in a timely manner so that it can be brought back to the City Commission for consideration as soon as possible. Motion passed 4-1 with Commissioner Bushnell dissenting. 12. OTHER: There being no further business to come before the City Commission., Mayor Dressler adjourned the meeting at 11:34 a.m. Vity VierK Page 7 of 7 Harrsi Bressler, Mayor 0 r- TAM �.. 600 m : ESTABLISHED = 1963 00 ,er ' SEAL .' �qvft '" �� •�•••...••'�' `vim` C 0 U +IfII REGULAR COMMISSION MEETING May 28, 2014 No Text