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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