HomeMy WebLinkAbout2014-09-10 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
WEDNESDAY, SEPTEMBER 10, 2014
CALL TO ORDER: Mayor Harry Dressler called the Regular Commission Meeting of the City
of Tamarac to order at 7:05 p.m. on Wednesday, September 10, 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 C. Cernech, Assistant City Attorney Julie
Klahr
and City Clerk Patricia Teufel.
PLEDGE OF ALLEGIANCE: Commissioner Bushnell led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS: There were no Proclamations and
Presentations scheduled for this meeting.
2. CITY COMMISSION REPORTS:
a. Commissioner Bushnell: Commissioner Bushnell said she is getting ready for all the fall
meetings and Homeowner Association meetings. Commissioner Bushnell reported that the
CERT team just graduation another class of 27 new members and added that they really had
28 new members. Tamarac is now the only City that has a service dog, Shalee, as CERT a
member. Commissioner Bushnell encouraged people to join CERT.
b. Vice Mayor Gomez: Vice Mayor Gomez attended various association meetings; the
Millennium Middle School Mentors & Volunteers meeting; Ms. Greenberg's 100th Birthday
party and a Labor Day Parade. Vice Mayor Gomez said she is looking forward to the 9/11
Memorial unveiling tomorrow evening and encouraged people to attend.
c. Commissioner Glasser: Commissioner Glasser said she attended the ADRC meeting
where people from all over Broward County gathered to form a county wide plan for raising
funds for the ADRC. Commissioner Glasser said she will provide updates as it moves
forward. Commissioner Glasser reported that on Monday she attended the Northwest Council
of Elected Officials luncheon, which was hosted by the City of Tamarac, and the major topic
of discussion was the E911 Regional System.
d. Commissioner Placko: Commissioner Placko said she attended the Broward League of
Cities Board of Directors Meeting for the first time and noted that the Everglades Foundation
gave a impressive presentation on the preservation of the Everglades and encouraged
people to visit the Everglades.
e. Mayor Dressler: Mayor Dressler reported that he and Vice Mayor Gomez attended a small
but very emotional memorial service at the Sports Complex honoring Brandon Myrick, a
Cougar team member that recently drowned. Mayor Dressler said he feels that when the E911
Regional is fully operational Broward County will be better off. Mayor Dressler noted that he
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is a member on the US Conference of Mayors and numerous situations come up; however,
he feels that this issue is important and wants people to know that a letter was sent to
congressional leaders signed by the US Conference of Mayors leaders calling on Congress
to reauthorize the Export Import Bank of the US before its charter expires on September 30tn
Essentially the Bank provides financing to a lot of small companies and is the only source of
loans or lines of credit for those type of companies. This is extremely important and it is
imperiled and that is why we sent the letter to the Senate and House. Mayor Dressler said it
is really important for people to know that the US Conference of Mayors is not only involved
in national matters but also international matters.
3. CITY ATTORNEY REPORT: City Attorney Goren said that on Monday, September 8tn his
office provided the Commission with a memo regarding Puppy Mills and the Retail Sale of
Cats and Dogs. Pursuant to Commission discussion about the issue the retail sale of cats
and dogs his office was able to glean from public records of other cities information that will
give the Commission and City Administration some guidance in the context of status. City
Attorney Goren said they studied the ordinances of the City of Wilton Manors, Palmetto Bay
Margate, Surfside and the City of Hallandale Beach. City Attorney Goren said that attached to
the memo was a copy of lawsuit filed against the City of Sunrise by Pet Store owners. We
will provide the Commission with additional information as the case proceeds. City Attorney
Goren said given the status of the Sunrise case he is recommending that Tamarac hold the
line until we know more about what is happening with the litigation. Vice Mayor Gomez
clarified that there are no puppy mills in the City of Tamarac. There was a brief discussion
regarding statewide legislation dealing with puppy mills and City Attorney Goren said his
office is looking at all matter of legislation dealing with puppy mills.
City Attorney Goren said at the last meeting the Commission was given information regarding —
vacation rentals and was advised that they have sent a request to the AGO who has not yet
responded and once we get a response back from the AGO he will update the Mayor and
Commission.
City Attorney Goren advised that today the Inspector General's Office issued a document to
City Attorneys regarding a recently closed investigation in Plantation regarding lobbying
contacts. This document clarifies and acts as a guideline/handbook for public officials and is
his interpretation of the County Charter. City Attorney Goren said his office will study the item
and report back to the IG as he has asked for comments. The investigation in Plantation was
for the alleged failure of the Mayor and/or Commissioners to properly report lobbying contacts
and there was no violation found.
City Attorney Goren advised that a lawsuit has been filed against the City of Tamarac in
reference to the Woodmont Charter School application. Judge Ross, of the Broward Circuit
Court Appellate Division, entered an order on August 25, 2014 and we will defend the City
vigorously in the context of the allegations contained therein and respond accordingly. City
Attorney Goren said that if he needs a Shade Session he will ask for one.
4. CITY MANAGER REPORT: City Manager Cernech invited people to attend the Public Art
Committee Unveiling of the 9/11 Memorial at City Hall on September 11tn at 6:00 p.m.; the
80's themed Zumba Dance Party on September 19tn from 6:30 p.m. to 8:30 p.m. at the
Tamarac Community Center, tickets are $10 prior to September 17tn and then tickets will be
$15; child care will also be available for $5 per child; the 5tn Annual Play Day on September
Page 2 of 6 REGULAR COMMISSION MEETING September 10, 2014
18th at Tamarac Park from 1:30 p.m. to 3:30 p.m.; the ribbon cutting for the new Synthetic
Turf Field at the Tamarac Sports Complex on September 23rd at 6:00 p.m. and the free Movie
in the Park at the Tamarac Sports Complex featuring Hotel Transylvania on Friday
September 26th with pre movie activities starting at 6:30 p.m. and the movie beginning at 7:30
p.m.
City Manager Cernech reported that the artificial turf project at the Sports Complex next to
the press box has been completed and it is expected to reduce maintenance costs and be
more accommodating to the sports leagues. City Manager Cernech also reported that the
City has completed the sidewalk project along Lime Bay Blvd. between Westwood Blvd. West
and Westwood Blvd. East and NW 93rd Ave. between Lime Bay Blvd. and McNab Road.
5. PUBLIC PARTICIPATION: Mayor Dressier opened Public Participation and with no one
wishing to speak closed Public Participation.
6. CONSENT AGENDA: Mayor Dressler asked City Manager Cernech if there were any
changes or additions to the Consent Agenda and City Manager Cernech said pursuant to
consensus of the Mayor and Commission at the Workshop on September 8, 2014 TR12538 —
Interlocal Agreement with Broward County for Community Bus Service is being added to the
Consent Agenda as Item 6 (e). City Attorney Goren read TR12538 by title into the record.
Commissioner Bushnell seconded by Vice Mayor Gomez moved approval of adding
TR12538 to the Consent Agenda as Item 6 (e). Motion passed unanimously (5-0). Vice
Mayor Gomez seconded by Commissioner Placko moved approval of the Consent Agenda
as amended. Motion passed unanimously (5-0).
a. Approval of the August 27, 2014 Regular Commission Meeting Minutes - APPROVED
b. TR12533 - FireHouse Software for Fire Rescue Department: A resolution of the City
Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to issue
a purchase order to Xerox Government Systems, LLC to furnish a Records Management
System for the Fire Rescue Department at a cost not to exceed $71,795, including $7,000
contingency utilizing a competitively solicited City of Tallahassee Agreement dated February
28, 2014, providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2014-87
c. TR12532 Florida Municipal Trust (FMIT) The Resolution of the City Commission of the City
of Tamarac, Florida; authorizing the renewal of general liability, automobile liability,
automobile physical damage, workers' compensation, and property lines of coverage with the
Florida Municipal Insurance Trust (FMIT) for a one (1) year period beginning October 1, 2014
at a cost of $993,476 and payment of any increase resulting from the annual premium audit;
providing for conflicts; providing for severability; and providing for an effective date.
RESOLUTION R-2014-88
d. TR12537 - Appointments to Veterans Affairs Committee: A Resolution of the City
Commission of the City of Tamarac, Florida, appointing eight or more members to the
Veterans Affairs Committee; providing for appointment of a Chairperson to the Veterans
Affairs Committee; providing for conflicts; providing for severability; and providing an effective
date.
RESOLUTION R-2014-89
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e. TR 12538 - A Resolution of the City Commission of the City of Tamarac, Florida,
authorizing the appropriate City Officials to accept and execute the interlocal agreement
between the City of Tamarac and Broward County for Community Bus Service; said
agreement shall begin on the date it is fully executed and shall end on September 30, 2017,
with an option to extend the Agreement for up to two (2) additional one (1) year renewal
periods; providing for conflicts; providing for severability; and providing an effective date.
RESOLUTION R-2014-90
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 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:
a. TO2301 - Amendment to Zoning Code for Special Exceptions: An Ordinance of the City
Commission of the City of Tamarac, Florida amending Chapter 24 of the City's Code of
Ordinances, entitled "Zoning" by amending Article IV, entitled "Exceptions and Modifications"
by specifically amending Section 24-546 entitled "Purpose", amending Section 24-547
entitled "Applicability", amending Section 24-548 entitled "Enumerated Generally", to provide
for substantive Special Exception standards and creating Section 24-548(c) to provide for
supplemental site development standards for public and private elementary, middle and high
schools in conformity with the City of Tamarac Comprehensive Plan; providing for
codification; providing for conflicts; providing for severability and providing for an effective
date. City Attorney Goren read TO2301 by title into the record. Vice Mayor Gomez seconded
by Commissioner Placko moved approval of TO2301 on second reading. Motion passed
unanimously (5-0).
PASSED ON FIRST READING AUGUST 27, 2014
PASSED ON SECOND READING SEPTEMBER 10, 2014
ORDINANCE NO. 0-2014-10
b. TO2305 - Code Amendment - B-1 Zoning District: An Ordinance of the City Commission of
the City of Tamarac, Florida amending Chapter 24 of the City's Code of Ordinances, entitled
"Zoning" by amending Article III, entitled "District Regulations", Division 19 entitled "Business
and Commercial Uses Master List" by specifically amending Section 24-434 entitled
"Permitted Uses Master List", to prohibit elementary, middle or senior high schools, public
and private in the City's B-1 (Neighborhood Business) zoning district in conformity with the
City of Tamarac Land Development Regulations and Comprehensive Plan; providing for
codification; providing for conflicts; providing for severability and providing for an effective
date. City Attorney Goren read TO2305 by title into the record. Commissioner Bushnell
seconded by Commissioner Placko moved approval of TO2305 on second reading. Motion
passed unanimously (5-0).
PASSED ON FIRST READING AUGUST 27, 2014
ORDINANCE NO. 0-2014-11
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11. QUASI-JUDICIAL HEARING(S):
— a. TBO-02 - Shoppes on University — Variance: Order Approving Variance. The applicant,
Scott Backman, Esq., Dunay, Miskel, Backman & Blattner, LLP, designated agent for the
property owner, RM Tamarac Plaza LP, (the "Applicant") filed an application with the City of
Tamarac ("City") Department of Community Development for the following Variance:
Variance to Section 18-51(19)a of the Code of Ordinances to allow a new monument sign for
a nonresidential property with a gross floor area of all buildings greater than 65,000 square
feet to be eleven feet and ten inches (11'-10") in height where eight (8) feet is required and a
sign area of one hundred and twenty and six tenths (120.6) square feet where seventy-two
(72) square feet is required for the Shoppes on University property formerly known as Tidan
Plaza and Big Lots Plaza; located at 7401, 7501, 7556 NW 57 Street. Vice Mayor Gomez
seconded by Commissioner Placko moved approval of TBO-02. City Attorney Goren went
over the Quasi -Judicial proceedings and read TBO-02 by title into the record. City Clerk
Teufel swore in all affected parties. Community Development Director appeared and gave a
presentation, a copy of which is on file in the City Clerk's office. Attorney Scott Backman
appeared on behalf of the applicant. Ms. Calloway and Mr. Backman responded to a few
questions from the Commission. Motion passed unanimously (5-0).
BO-2014-01
b. TBO-03 - LNT Commercial Investments - Limited Parking Waiver: Order Approving Limited
Parking Waiver. The applicant, Keith D. Kern, Esq., designated agent for the property owner,
LNT Commercial Investments, Inc., (the "Applicant") filed an application with the City of
Tamarac ("City") Department of Community Development for the following Limited Parking
Waiver: Limited Parking Waiver to allow for the provision of seventy-one (71) parking spaces
where one hundred and seven (107) parking spaces are required for the LNT Commercial
Investments property; located at 8400 West Commercial Boulevard. Vice Mayor Gomez
seconded by Commissioner Glasser moved approval of TBO-03. City Attorney Goren went
over the Quasi -Judicial proceedings and read TBO-03 by title into the record. City Clerk
Teufel swore in all affected parties. Community Development Director Maxine Calloway
appeared and gave a presentation, a copy of which is on file in the City Clerk's Office.
Attorney Keith D. Kern appeared on behalf of the applicant and gave a brief explanation of
the need for the Special Exception. Ms. Calloway and Mr. Kern responded to a few questions
from the Commission. Motion passed unanimously (5-0).
BO-2014-02
c. TBO-01 - Champs Career Prep Charter High School - Special Exception: Order Approving
Special Exception Use. The applicant, Keith M. Poliakoff, Esq., and (the Applicant"), with the
consent of Charter BC Tamarac Prospect, LLC, the owner of the above -referenced property
(the "Property"), filed an application with the City of Tamarac ("City") Department of
Community Development for the following Special Exception Use: Special Exception use
pursuant to Article IV, Section 24-548 and Article III, Division 19, Section 24-434 of the City of
Tamarac Code of Ordinances, Land Development Regulations ("LDRs"), to allow the use of a
charter high school in the R-1 C (Single Family Residential Zoning District). City Attorney
Goren read TBO-01 by title into the record. Vice Mayor Gomez seconded by Commissioner
Glasser moved approval of TBO-01. City Attorney Goren went over the Quasi -Judicial
proceedings 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
Page 5 of 6 REGULAR COMMISSION MEETING September 10, 2014
Clerk's Office. Ms. Calloway responded to a few questions from the Commission. Attorney
Keith Poliakoff appeared on behalf of the applicant and submitted a copy of the PowerPoint
Presentation into the record, a copy of which is on file in the City Clerk's Office. Mr. Poliakoff
advised the Commission that his office personally sent out letters to the surrounding
community on two occasions before submitting the application for the Special Exception. Mr.
Poliakoff introduced his experts, Joe Kaller, Thomas Hall, and Richard Dur. Mr. Poliakoff and
his experts gave a presentation.
Mr. Poliakoff, Mr. Hall, Dr. Dur and City Attorney Goren responded to the many questions and
concerns of the Commission and Mr. Poliakoff stipulated for the record that he will show the
City prior to opening that they have full funding in place. Mr. Poliakoff also stipulated for the
record that the school will not open for operation unless a minimum of 150 students are
enrolled on or before July 15, 2015.
Mayor Dressler opened the Public Hearing and with no one wishing to speak, closed the
public hearing.
City Attorney Goren asked Mr. Poliakoff if he wanted the presentation he used offered into
evidence and Mr. Poliakoff responded yes. City Attorney Goren asked the Commission to
accept the evidence except for the last two slides because there is legal argument contained
therein. All were in agreement.
Motion passed unanimously (5-0) with the Board Order to be amended to reflect that a
minimum of 150 students are to be enrolled by July 15, 2015 in order to open.
BO-2014-03
12. OTHER: There being no further business to come before the City Commission, Mayor
Dressler adjourned the meeting at 9:23 p.m.
i
Harry Dressler, Mayor
�6�4 2ZJ QUAAI� I
Patricia Teufel CM
City Clerk
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