HomeMy WebLinkAbout2015-04-22 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
._ WEDNESDAY, APRIL 22, 2015
CALL TO ORDER: Mayor Harry Dressler called the Regular Commission Meeting of the City
of Tamarac to order at 9:04 a.m. on Wednesday, April 22, 2015 in City Commission
Chambers, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321.
ROLL CALL: Mayor Harry Dressler, Vice Mayor Pamela Bushnell, Commissioner Michelle J.
Gomez, Commissioner Diane Glasser and Commissioner Debra Placko were in attendance.
Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren
and City Clerk Patricia Teufel.
PLEDGE OF ALLEGIANCE: Commissioner Placko led the Pledge of Allegiance.
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation of a proclamation by Mayor Harry Dressler proclaiming the month of April
2015 as "Records and Information Management Month". (Requested by Assistant City Clerk
Lillian Pabon)
b. Presentation of a proclamation by Mayor Harry Dressler proclaiming the month of May,
2015 as "Building Safety Month". (Requested by Chief Building Official Claudio Grande)
c. Presentation by Mayor Harry Dressler of Employee Service Awards:
10 - Year Awards: Adam Currea, Firefighter Paramedic, Fire Rescue; Yvette Evans,
Inspector/Paramedic, Fire Rescue; Kenneth Bowe, Facility Management Supervisor, Public
Services.
15 - Year Awards: Joseph Chin, Captain Paramedic, Fire Rescue; Michael Wilton, LT
Paramedic, Fire Rescue; Van Schoen, Community Education Preparedness Specialist, Fire
Rescue.
20 - Year Award: Ken Denault, Electrician, Public Services
2. CITY COMMISSION REPORTS:
a. Vice Mayor Bushnell: Vice Mayor Bushnell advised that she is a member on the Magistrate
Board for the Broward County Board of Health which has very formal hearings. Vice Mayor
Bushnell said when she first attended the monthly meetings they dealt with a majority of
cases that were driven by the poor economy, i.e. dirty swimming pools and septic tank
issues. Now that the economy has improved they are seeing more cases that deal with
issues such as hazardous waste, massage and tattoo parlors and home health agencies.
Vice Mayor Bushnell commented that it is a very interesting board to be a member of. Vice
Mayor Bushnell thanked all the Administrative Professionals for all the good work they do.
b. Commissioner Gomez: Commissioner Gomez thanked all of the Administrative
Professionals who work for the City. Commissioner Gomez noted that she attended the
Adopt -A -Street Cleanup, Farmer's Market/Earth Day Event; District 2 meeting and the
Concert in the Park on April 10th. Commissioner Gomez said she is looking forward to the
Page 1 of 7 REGULAR COMMISSION MEETING April 22, 2015
P.A.R.O.T Golf Tournament and Concert on the Green on April 24th and encouraged people
to attend the Relay for Life event on May 2"d at Millennium Middle School from noon to
midnight.
c. Commissioner Glasser: Commissioner Glasser attended the District 2 Neighborhood
Meeting last week and the Aging and Disability Resource Center meeting where they are
getting ready to host fund raisers to raise funds in order to continue to provide much needed
services. Commissioner Glasser said she also attended a Broward League of Cities
Workshop on Budgeting and noted that it was interesting to see how different cities do their
budgets. Commissioner Glasser said there are a lot of cities that are have problems and
commented that she is glad that Tamarac is in good financial shape.
d. Commissioner Placko: Commissioner Placko said she attended her first MPO meeting and
learned that it is a federally mandated and funded transportation organization that is involved
in all modes of transportation. Commissioner Placko said after she attends the next meeting
she will bring back more information to share with the Commission. Commissioner Placko
noted that she attended the Northwest Council of Elected Officials Luncheon where there
was a discussion about the "Bank On" program in Broward County wherein banks are
offering free checking services to low income families and said we need to get this
information out to people who could benefit from this program. Commissioner Placko also
attended the Broward County State of the County Address and said Broward County is doing
well and we need to continue in that direction. Commissioner Placko reminded everyone that
the District 4 Neighborhood meeting is this evening at 6:30 p.m. at the Community Center.
e. Mayor Dressler: Mayor Dressler talked about issues that he takes particular interest in
such as the Red Light Camera litigation in the State and the red light camera legislation that is pending in Tallahassee. Mayor Dressler said until the legislators can get past the budget
impasse nothing will get accomplished and quite possibly they will need to convene a special
session to adopt a budget and address other bills that are pending such as Sober Homes.
Mayor Dressler said he is also paying attention to the Residential Mitigation Retrofit Program
funding as we will need that grant money for our SHIP program. Mayor Dressler said another
issue he has spent a lot of time on is the upcoming discussion on the Land Development
Regulations report that was issued recently as there are some issues that the Commission
will want to discuss because they have to do with strategic aspects of who gets to decide
what. There is a recommendation in the report that some decisions, including major
development items, should be handled by the Planning Board instead of the Commission
which will need to be discussed at the special workshop on May 1$1n
3. CITY ATTORNEY REPORT: City Attorney Goren advised he will be briefing the
Commission individually in the near future with a status on the Red Light Camera issue. City
Attorney Goren said as of yesterday they have developed information and advised that the
City has been served with the Parker litigation. City Attorney Goren said the Florida League
has some issues which will be helpful on the defense side.
City Attorney Goren noted that the Commission reads the memos that the City Attorney's
Office sends them periodically with regards to foreclosure cases, code lien cases, utility
cases and building permit cases. In a recent case where permits were not pulled for windows _
or doors they pursued the matter in a foreclosure case and through the efforts of the City
Attorney's Office and with the assistance of Chief Building Official Grande and his staff, City
Page 2 of 7 REGULAR COMMISSION MEETING April 22, 2015
Attorney Goren said he was pleased to present the Commission with a check in the amount
of $60,570.55.
City Attorney Goren said on Friday, May 1, 2015, from 10.00 a.m. to noon, his office will be
hosting an Ethics Workshop in City Hall for those Commission members that need ethics
credits. City Attorney Goren said they will try to mix it up to keep your interest in the subject
matter.
City Attorney Goren said that on May 5, 2015 there will be a joint meeting between the
County Commission and the Broward League of Cities and he will be in attendance with Vice
Mayor Bushnell. City Attorney Goren said there is a white paper about to be issued by Drew
Myers which replicates some of the issues that were discussed last April and hopefully the
Commission will be more accepting of the suggested changes to the Ethics Code.
City Attorney Goren said he is pleased to report that the Frias vs. City of Tamarac litigation
has been dismissed by the plaintiff voluntarily. City Attorney Goren spoke briefly about the
history of the lawsuit and ended by saying that the statute of limitations has expired and,
therefore, the Plaintiffs are unable to pursue any further legal action.
City Attorney Goren said his office recently sent the Commission an update on pending
legislative issues that they are tracking in Tallahassee and as things are changing constantly
his office will continue to monitor several bills covering issues such as red light cameras and
Sober Homes.
City Attorney Goren said on the May 13, 2015 agenda staff will be bringing to the
Commission the proposed settlement with the County regarding the Resource Recovery
Board case.
4. CITY MANAGER REPORT: City Manager Cernech complimented City Attorney Goren and
the Building Department staff for the many checks that the City has received due to the
diligent pursuit of these kinds of debts to the City. This is significant to Tamarac and a good
example of how the City Attorney's Office and City Staff work together.
Upcoming Events: The District 4 Neighborhood meeting will take place this evening at 6:30
p.m. at the Community Center; the annual Concert on the Green at Colony West Golf Club is
scheduled for April 24th from 6:30 p.m. to 8:30 p.m., the annual P.A.R.O.T golf tournament is
scheduled for April 24th from noon to 5:00 p.m. and for more information contact
Linda. probert(cr7tamarac.org; the Spring Swim Bash will take place on Saturday, April 25th at
the Caporella Aquatic Center from noon to 4:00 p.m.; the Movie in the Park featuring the
movie "Big Hero 6" will be shown at the Sports Complex on Friday, May 8th with activities
beginning at 7:00 p.m. and the moving starting at 8:15 p.m. and there will be a Mother's Day
Brunch on May 9th from 10:00 a.m. to noon at the Community Center for a fee of $5.00 per
person.
Past Events: The April 10th Concert in the Park was well attended and the Community
Farmers Market/Earth Day Celebration on April 19th had 500 people in attendance.
Page 3 of 7 REGULAR COMMISSION MEETING April 22, 2015
5. PUBLIC PARTICIPATION: Mayor Dressler opened Public Participation and with no one
wishing to speak, closed Public Participation. Mayor Dressler talked about re -reading a group
of articles entitled "The Federalist Papers" and encouraged people to read the articles.
6. CONSENT AGENDA: Mayor Dressler asked if there were any changes/additions to the
Consent Agenda and City Manager Cernech said there were no changes/additions to the
Consent Agenda. Commissioner Gomez seconded by Commissioner Placko moved approval
of the Consent Agenda as presented. Motion passed unanimously (5-0).
a. Approval of the April 8, 2015 Regular Commission Meeting Minutes - APPROVED
b. TR12624 - Tidan Plaza Partial Release: A Resolution of the City Commission of the City
of Tamarac, Florida, authorizing the partial release of Covenant as to an approximate 36,342
square feet of property known as the Denny's at Tidan Plaza located at 5710 North University
Drive as more particularly described in the Partial Release of Covenant attached hereto as
Exhibit 1" and incorporated herein, to provide for the future sale and subdivision of an
outparcel in accordance with the Comprehensive Plan of the City; providing for conflicts, -
providing for severability; and providing for an effective date.
RESOLUTION R-2015-26
c. TR12612 - Approve award of RFP 14-05R to West Construction for the Design/Build of
Fire Station 78: A Resolution of the City Commission of the City of Tamarac, Florida,
awarding RFP No. 14-05R to and approving an Agreement with West Construction, Inc. For
the Design/build of Fire Station 78 Project for a contract amount of $3,458,604.20; a
contingency in the amount of $345,860.42 will be added to the project account for a total
project budget of $3,804,464.62; authorizing an expenditure from the appropriate accounts; --
authorizing an appropriation of $814,465; providing for conflicts; providing for severability;
and providing for an effective date.
RESOLUTION R-2015-27
d. TR12628 - Appointing New Representative To MPO: A Resolution of the City Commission
of the City of Tamarac accepting the resignation of Mayor Harry Dressler from the Broward
Metropolitan Planning Organization ("MPO"); appointing Commissioner Debra Placko to
replace the Mayor as a Municipal District 1 representative on the MPO; directing the City
Clerk to transmit a copy of this resolution to the members of the MPO and the MPO
Executive Director; providing for conflicts; providing for severability; and providing for an
effective date.
RESOLUTION R-2015-28
Mayor Dressler asked staff to look into creating a program whereby students could attend
meetings to observe real government in action. City Manager Cernech said staff would look
into it and would get back to the Mayor and Commission. Vice Mayor Bushnell suggested that
the Commission members contact the schools and offer to go to the schools and talk about
government as it might be easier.
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.
Page 4 of 7 REGULAR COMMISSION MEETING April 22, 2015
9. PUBLIC HEARING(S):
a. TR12629 - Ratification of Zoning in Progress: A Resolution of the City Commission of the
City of Tamarac, Florida, confirming and ratifying the City Manager's Administrative Order
dated April 7, 2015 declaring Zoning in Progress and prohibiting the issuance of permits for
new development on properties zoned Broward County B-3 within the boundaries of the City
of Tamarac attached as Exhibit "A" hereto and incorporated herein, 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 study and review of the City's
regulations relating to appropriate zoning and land use districts and regulations for the
affected areas; providing that upon the adoption of this resolution confirming the
Administrative Order, no permits shall be issued for new development within the affected
areas during the time period covered by this Resolution; providing for conflicts; providing for
severability; and providing for an effective date. City Attorney Goren read TR12629 by title
into the record. Commissioner Gomez seconded by Commissioner Placko moved approval of
TR12629. Mayor Dressler opened the Public Hearing and the following individual spoke:
Raquel Rothman, 3235 NE 211 Terr., Aventura, appeared on behalf of the majority owner of
the property located at 3660 NW 50t" Street, known as Continental Plaza, said she was there
to object to the reclassification of County B-3 as it is not necessary. City Attorney Goren
confirmed that all this resolution does is declare a "Zoning in Progress" and prohibits the
issuance of permits for new development in all Broward County B-3 Zoning Districts within
the City of Tamarac while staff analyzes and evaluates what is being contemplated. Staff will
provide the Commission with a report with their recommendation at a later date. Ms.
_ Rothman said she understood the process and is appreciative of the Commission taking time
to listen to her comments. With no one else wishing to speak Mayor Dressler closed the
public hearing. Motion passed (4-0) with Vice Mayor Bushnell dissenting.
RESOLUTION R-2015-29
10. ORDINANCE(S) - SECOND READING:
a. T02316 - Ordinance Adopting LAC Mitigation Fee Program: An Ordinance of the City
Commission of the City of Tamarac, Florida amending Chapter 10 of the City's Code of
Ordinances, entitled "Land Development Regulations," Article V, entitled "Improvements", by
enacting Division 10, Section 10-311 entitled "Local Activity Center Mitigation Fee Program",
to provide for adoption of a mitigation fee program associated with the impacts connected
with development within the area designated as the Local Activity Center ("LAC") by the
Future Land Use Map of the Comprehensive Plan; providing for codification; providing for
conflicts; providing for severability; and providing for an effective date. City Attorney Goren
read T02316 by title into the record. Commissioner Gomez seconded by Vice Mayor
Bushnell moved approval of T02316 on second reading. Mayor Dressler opened the public
hearing and with no one wishing to speak, closed the public hearing. Motion passed
unanimously (5-0).
PASSED ON FIRST READING APRIL 8, 2015
PASSED ON SECOND READING APRIL 22, 2015
ORDINANCE NO.0-2015-04
b. T02317 - 1st Budget Amendment FY2015: An Ordinance of the City Commission of the
City of Tamarac, Florida, amending Ordinance 2014-13, which adopted the City of Tamarac
Page 5 of 7 REGULAR COMMISSION MEETING April 22, 2015
Operating Budget, Revenues and Expenditures, the Capital Budget, and the Financial
Policies for the Fiscal Year 2015, by increasing the total revenues and Expenditures by a
total of $2,796,893 as detailed in Attachment A attached hereto and summarized in
Attachment B; providing for conflicts; providing for severability; providing for an effective date.
City Attorney Goren read T02317 by title into the record. Commissioner Placko seconded by
Commissioner Gomez moved approval of T02317 on second reading. Mayor Dressler
opened the public hearing and with no one wishing to speak, closed the public hearing.
Motion passed unanimously (5-0).
PASSED ON FIRST READING APRIL 8, 2015
PASSED ON SECOND READING APRIL 22, 2015
ORDINANCE NO.0-2015-05
c. T02320 - Ordinance Re-establishing Hotels in Business 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, Division 19 entitled "Business and
Commercial Uses Master List" by specifically amending Section 24-434 entitled "Permitted
Uses Master List", to re-establish hotels as a permitted use in the B-2 Community Business
and B-3 General Business zoning districts 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 T02320 by title into
the record. Vice Mayor Bushnell seconded by Commissioner Placko moved approval of
T02320 on second reading. Mayor Dressler opened the public hearing and with no one
wishing to speak, closed the public hearing. Commissioner Gomez said she voted "no" on
first reading but after speaking with the City Manager and City Attorney she is confident that
staff will keep things in conformity and intends to vote in favor of this Ordinance on second
reading. Motion passed unanimously (5-0).
PASSED ON FIRST READING APRIL 8, 2015
PASSED ON SECOND READING APRIL 22, 2015
ORDINANCE NO.0-2015-06
11. QUASI-JUDICIAL HEARING(S):
a. T02319 - Rezoning - Fire Station 78: An Ordinance of the City Commission of the City of
Tamarac, Florida, amending the Official Zoning Map of the City of Tamarac referenced in
Section 24-3 of Chapter 24 of the City of Tamarac Code of Ordinances to reflect the
Rezoning of certain real estate property otherwise partially described as a portion of Parcel A,
Leadership of Tamarac Phase One, from the current R-4A (Planned Apartment District)
Designation to 1-1 (Institutional -Educational -Governmental District) designation, for the
subject properties located on the north side of W Commercial Boulevard, adjacent to the
Southeast and Northwest sides of Fire Station No. 78 located at 4801 West Commercial
Boulevard in order to provide consistency with the land development regulations and to allow
for the proposed redevelopment of Fire Station No. 78, in accordance with the intent of the
Comprehensive Plan of the City of Tamarac; (Case No. 2-Z-15); 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 T02319 by title
into the record. Vice Mayor Bushnell seconded by Commissioner Gomez moved approval of
T02319 on first reading. City Attorney Goren went over the Quasi -Judicial procedures and
City Clerk Teufel 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,
Page 6 of 7 REGULAR COMMISSION MEETING April 22, 2015
and concluded by saying that the Planning Board and staff recommend approval of TO2319
on first reading. Mayor Dressler opened the public hearing and with no one wishing to speak,
closed the public hearing. Mayor Dressler asked if the normal notice requirements were
performed and Community Development Director Calloway said yes. Motion passed
unanimously (5-0).
PASSED ON FIRST READING APRIL 22, 2015
12. OTHER:
a. TR12620 - Adoption of Fee Schedule - LAC Mitigation Program: A Resolution of the City
Commission of the City of Tamarac, Florida, providing for a Fee Schedule for the Mitigation
Fee Program associated with the mitigation of traffic impacts for the area within the Tamarac
Village Local Activity Center (LAC"), designated on the Future Land Use Map of the City of
Tamarac Comprehensive Plan; authorizing and directing the City Manager, or his designee,
to take any and all action necessary to effectuate the intent of this Resolution; providing for
conflicts; providing for severability; and providing for an effective date. City Attorney Goren
read TR12620 by title into the record. Commissioner Gomez seconded by Commissioner
Placko moved approval of TR12620. Mayor Dressler opened the item up for public comment
and with no one wishing to speak, closed the public hearing. Motion passed unanimously (5-
0).
RESOLUTION R-2015-30
There being no further business to come before the City Commission, Mayor Dressler
adjourned the meeting at 10:31 a.m.
Harry Dressler, Mayor
Patricia Teufel, CRAC
City Clerk
Page 7 of 7 REGULAR COMMISSION MEETING April 22, 2015