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HomeMy WebLinkAbout2019-06-26 - City Commission Regular Meeting Minutes CITY OF TAMARAC REGULAR CITY COMMISSION MEETING JUNE 26, 2019 CALL TO ORDER: Mayor Michelle J. Gomez called the Commission Meeting of the City of Tamarac to order at 9:11 a.m. on Wednesday, June 26, 2019, in City Commission Chambers, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac FL 33321. ROLL CALL: Mayor Michelle J. Gomez, Vice Mayor Debra Placko and Commissioner Marlon Bolton were in attendance. ABSENT: Commissioner E. Mike Gelin and Commissioner Julie Fishman Also in attendance were City Manager Michael C. Cernech, City Attorney Samuel S. Goren and City Clerk Patricia A, Teufel PLEDGE OF ALLEGIANCE: Vice Mayor Debra Placko 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation by the Parkland City Commission to the City of Tamarac for its Support Following the MSD Tragedy. Mayor Gomez welcome City of Parkland Mayor Christine Hunschofsky who introduced the City of Parkland Vice Mayor Ken Cutler, Commissioner Richard Walker, Commissioner Bob Mayersohn, and Commissioner Stacy Kagan and presented a plaque to the Tamarac City Commission for the support provided following the MSD tragedy. b. JUNE EMPLOYEE AWARDS: Mayor Gomez exercised a personal privilege to note that last Friday was her last day of Chemotherapy, starting radiation next. c. Mayor Gomez presented the June Employee Awards to employees with 5 years, 10 years and 20 years of service. 2. CITY COMMISSION REPORTS: a. Commissioner Marlon Bolton reported not being able to attend the Father Fishing Tournament but thanked the Parks and Recreation staff for the coordination and success of the event. He congratulated Commissioner Julie Fishman for receiving the Home Rule Hero award and acknowledged her for a job well-done. Attended the City of Lauderhill Commission meeting to hear the discussion on the Woodlands Project item but noted the item was tabled for another date. Attended the Urban League of Broward County meeting with Senator Gary Farmer, and other Elected Officials to discuss what is happening in Tallahassee and the importance of being engaged with the bills and the Governor. He exhorted residents to call 1-850-717-9337 to demand Governor Ron DeSantis to veto Senate Bill 7066 and to protect Amendment 4. Commissioner Bolton invited members of the public, staff members, residents and their children to a City Hall Tour on Monday, July 8, 2019 starting at 1:00 p.m. through 4:00 p.m. for a visit to City Hall Departments, Broward Sheriffs Office and Fire Rescue outdoors tour and demonstration. Opened to Page 1 of 8 CITY COMMISSION MEETING June 26, 2019 REVISED 09/19/19 residents 17 years old and younger. Vice Mayor Placko will be present and the Guest Speaker is Alan Bellman who is a Marvel Comics Pioneer. Will be attending a meeting at the Recreation Center with residents from Shaker Village to discuss investment options and is opened to everyone. He can be reach at (954) 275-3850. b. Commissioner E. Mike Gelin —Absent c. Commissioner Julie Fishman - Absent d. Vice Mayor Placko reported University Hospital had an Open House to display their robot for robotic surgery. Congratulated Commissioner Julie Fishman for being named Home Rule Hero for the second year in a row. She noted that the pads along Nob Hill Road are for the Inspiration Way project and there will be installing pieces of art from various artists, taking place in September with a ribbon-cutting ceremony. The art pieces will be display for one year. Vice Mayor Placko said she has spent time talking to HOA's about beautification grants that has a matching $5,000 grant for HOA's. The deadline to apply is June 28th, 2019. She talked about her view of the future and of autonomous vehicles. She said it has been predicted that by the year 2030 one quarter of the vehicles on the road will be autonomous vehicles and they are the way of the future. Vice Mayor Placko touched on the questions regarding road sizes and bike lanes. e. Mayor Gomez congratulated Commissioner Fishman on being named Home Rule Hero. She noted attending the following events: Father's Day Fishing Tournament Event; MPO Committee meeting; City of Tamarac 2-day Budget Meetings; June Tenth Event dealing by Broward County Vice Mayor V.C. Holness, discussing critical issues in the black community; City of Lauderdale Lakes City Address; 2-hour conference regarding Legislative Update by Anika Omphry, also with Commissioner Fishman in attendance; African American Cultural & Social Club Fashion Show; the Broward Bar Gala and also congratulated Attorney Sidney Calloway for what he has done for the Bar along with City of Sunrise Mayor Mike Ryan. Mayor Gomez congratulated the Kiwanis Club and founders on their anniversary and said she looks forward to seeing everyone at the July 4th celebration. 3. CITY ATTORNEY REPORT: City Attorney Goren informed the City Commission of the League of Cities biennial and periodic Ethics Class taking place at the City of Coconut Creek Cultural Center on Lyons Road, Friday, June 28, 2019. The course is 4 hours, and applicable to State and Local ethic hours. He reminded the City Commission that Form 1 and the Outside Concurrent Employment Forms are due on July 1, 2019. Forms to be filed with the City Clerk and the County. Attorney Goren said he will be the moderator of the presentation and noted also attendees are Jacob Horowitz as a speaker, Quentin Morgan, Jamie Cole and Robert Myers. Attorney Goren said he looks forward to seeing the City Commissioners on Friday and ended his report. Attorney Goren concluded his report noting there is no litigation to report. 4. CITY MANAGER'S REPORT: City Manager Cernech reported the Building Department has issued a TCO for the New Pollo Tropical on 8851 W. Commercial Page 2 of 8 CITY COMMISSION MEETING June 26, 2019 REVISED 09/19/19 Boulevard. They will be open for the public with a Soft Opening on Monday, July 1st, 2019 and the Grand Opening will take place on July 16th, 2019. Parks & Recreation Upcoming Events: All American Celebration at the City of Tamarac Sports Complex on Thursday, July 4th, 2019, from 6:00 p.m. to 9:30 p.m. Enjoy free outdoor concert featuring "Jam Band", Kid's Area with Inflatables, Face Painting, Arts & Crafts, Games, and Food Trucks along with a Choreographed Pyrotechnical Firework display that kicks of promptly at 9:00 p.m. Parking is limited onsite with shuttles available from City Hall and the Tamarac Community Center. Patriotic Splash Party will take place at the Caporella Aquatic Center to celebrate America's Birthday on Thursday, July 4th, 2019 from 12:00 Noon to 4:00 p.m. The fee is $4.50 per child and $5.00 per adult. Attendees will enjoy swimming, music, games, arts and crafts and a cool treat. City Manager Cernech reported that the Tamarac Summer Camp Program has started, and every grade is full. PUBLIC SERVICES DEPARTMENT: The City's Contractor, Roadway Construction LLC., will be performing roadway asphalt replacement work within the Tamarac Lakes South Community. The road work will commence on Wednesday, June 26th, 2019 at 8:00 a.m. and will continue for approximately one week. This work will include the milling of the existing roadway followed by asphalt overlay. The contractor will keep at least one lane open at the worst-case scenario; and will allow access to emergency vehicles and residents. There are no road closures anticipated for this work. 5. PUBLIC PARTICIPATION: Mayor Gomez opened Public Participation and the following individual spoke: Ronald Wasserman, 8577 Jade Drive, thanked the Veterans and active members in the military and talked about various items. Mayor Gomez closed Public Participation and moved to the next item on the agenda. 6. CONSENT AGENDA: Mayor Gomez asked City Manager Cernech if there are items to be added or removed from the Consent Agenda and City Manager Cernech said there is item 6d. TR13297 to be pulled from the Consent Agenda for discussion. Vice Mayor Placko made a motion seconded by Commissioner Bolton to approve the Consent Agenda as amended. City Manager Cernech requested the Commission for the addition of item TR13311 to item 10a. Ordinances on Second Reading. a. Approval of the May 22, 2019 Regular Commission Meeting Minutes — APPROVED b. TR13299 — AHAC Recommendation Report — A Resolution of the City Commission of the City of Tamarac, Florida, adopting the Affordable Housing Initiative Strategies recommendations of the Affordable Housing Advisory Committee and authorizing the transmittal of the recommendations in a triennial report attached hereto as Exhibit "A" to the Florida Housing Finance Corporation in accordance with Section 492.9076 (4) Florida Page 3 of 8 CITY COMMISSION MEETING June 26, 2019 REVISED 09/19/19 Statutes; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2019-50 c. TR13274 — HOME 2018-2019 Funding Agreement — A Resolution of the City Commission of the City of Tamarac, Florida, accepting the 2018-2019 Fiscal Year Home Investment Partnership ("HOME") funds in the amount of$121,888 for a term retroactively commencing October 1, 2018 with an end date of September 30, 2020; authorizing the Appropriate City Officials to execute an interlocal agreement between Broward County and the City of Tamarac for the designation of subrecipient and providing for disbursement of HOME program funds for the Owner-Occupied Minor Repair Program, fiscal year 2018-2019, attached hereto as Exhibit "A", and incorporated herein; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2019-51 e. TR13294 — Prospect Road Mobility Project Support — A Resolution of the City Commission of the City of Tamarac, Florida, supporting the Metropolitan Planning Organization's project to enhance bicycle and pedestrian connectivity along Prospect Road within County right of way, from SR-7/US-441 to Commercial Boulevard; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2019-52 f. TR13255 — Public Safety Complex Feasibility Study — A Resolution of the City Commission of the City of Tamarac, Florida, approving Task Authorization No. 19-15D and authorizing the appropriate City Officials to execute Task Authorization No. 19-15D with Walters Zackria Associates, PLLC, to provide professional services to prepare a Feasibility Study of the Public Safety Complex in accordance with the City's Consulting Engineering Agreement as authorized by Resolution No. R-2016-80, for an amount not to exceed $74,900.00; authorizing the appropriate City Officials to administer the contract; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2019-53 g. TR13293 — Annual Requirements for Roof Tarps for the City and for the Southeast Florida Governmental Purchasing Cooperative —A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to award Bid Number 19-22b for Roof Tarps to all in Safety, Corporation to provide for the purchase of annual requirements for Rood Tarps for the City of Tamarac and on behalf of the Southeast Florida Governmental Purchasing Cooperative for a period effective upon award of the agreement, for a period of one year, with the option to exercise up to three (3) additional one (1) year renewals, authorizing the City Manager or Designee to approve renewal options, providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2019-54 d. TR13297 — Zoning in Progress — Thrift Consignment and Used Merchandise — A Resolution of the City Commission of the City of Tamarac, Florida, affirming and ratifying Page 4 of 8 CITY COMMISSION MEETING June 26, 2019 REVISED 09/19/19 the City Manager's Administrative Order dated June 6, 2019, attached hereto as Exhibit III "A: and incorporated herein, declaring Zoning in Progress and instituting a 180-day Moratorium on the submission, processing, approval, or issuance of any new licenses, business tax receipts, development orders or permits for any use classified as thrift, consignment, and used merchandise in the City of Tamarac, in accordance with Chapter 10, Section 10-5.4(U) 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 incompatibility of certain uses within the Mixed Used Zoning Districts in the City of Tamarac; providing that upon the adoption of this resolution affirming the Administrative Order, no permits or business licenses shall be issued for any new thrift, consignment or used merchandise retail uses during the time period covered by this Resolution; providing for conflicts; providing for severability; and providing for an effective date. Commissioner Bolton made a motion seconded by Vice Mayor Placko to open item 6d. TR13297 on the floor for discussion. City Attorney Goren read TR13297 title into the record. Ms. Heidi Davis Knapik, address 450 E. Las Olas#1400, Fort Lauderdale, Florida, appeared and spoke against the Zoning in Progress on behalf of Advantage LLC, property owner, and requested denial of the Zoning in progress as also requested on her letter to the City Commission and City Staff, dated June 25, 2019. City Attorney Goren noted that the letter dated June 25, 2019 will be added to the minutes of today's meeting. Mayor Gomez opened a Public Hearing and with no one from the public wishing to speak, closed the Public Hearing. Commissionerm tion seconded Vice Mayor Placko Bolton made a motion by Y to approve TR13297. Motion passed unanimously (3-0). RESOLUTION R-2019-95 6. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting. 7. ORDINANCE(S) — FIRST READING: There were no Ordinances for First Reading scheduled for this meeting. 8. PUBLIC HEARING(S): There were no Public Hearing items scheduled for this meeting. 9. ORDINANCE(S) — SECOND READING: a. T02404 — MU-N Self Storage Code Amendment — 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 Code" by amending Article 3, entitled "Use Regulations" by specifically amending Section 10-3.2 (H) entitled "Table of Allowed Uses" captioned as Table 10-3.1, to prohibit self-storage, indoor uses in the MU-N (Mixed Use Neighborhood) zoning district, in conformity with the City of Tamarac comprehensive Plan; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. Vice Mayor Placko made a motion seconded by Commissioner Bolton to discuss T02404. City Attorney Goren read T02404 title into the record. Mayor Gomez opened a Public Hearing and with no one wishing to speak, closed the Public Hearing. Commissioner Bolton made a motion seconded by Vice Mayor Placko to approved T02404, but City Page 5 of 8 CITY COMMISSION MEETING June 26, 2019 REVISED 09/19/19 Attorney Goren made a legal recommendation to vote against approval. Motion to approve T02402 failed unanimously (3-0). Item T02404 Failed on 2nd Reading Vice Mayor Placko made a motion seconded by Commissioner Bolton to add TR13311. Motion passed unanimously (3-0). City Attorney Goren noted the resolution will replace defeated Ordinance TO2404. City Attorney Goren read TR13311 into the record. A Resolution of the City Commission of the City of Tamarac, Florida, Authorizing a reasonable time extension of the Zoning in Progress of one hundred and eighty (180) day, in accordance with Chapter 10, Section 10-5.4(U) of the City of Tamarac Code of Ordinances; authorizing and directing the City Manager to undertake further study and review of the City's regulations relating to the number and locations of Self Storage facilities in the City of Tamarac; providing that upon the adoption of this Resolution extending the Zoning in Progress and additional one hundred and eighty (180) days, no permits shall be issued for any new Self Storage facilities not otherwise exempt, within the City of Tamarac for a total of three hundred and sixty days from the date of the Administrative Order, consistent with this Resolution; providing for conflicts; providing for severability; and providing for an effective date. Vice Mayor Placko made a motion seconded by Commissioner Bolton to approve TR13311. Motion passed unanimously (3-0). RESOLUTION R-2019-55 b. T02405 — Human Trafficking Public Awareness Signs Ordinance — An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 10, Article 4 of the City of Tamarac Code of Ordinances Land Development Code, entitled "Development and Design Standards"; specifically, amending Section 10-4.10 entitled "Signs" by creating a new section 10-4.10(D)(3)(m) to be entitled "Human Trafficking Public Awareness Signs"; providing for codification; providing for conflicts; providing for severability; providing for an effective date. Vice Mayor Placko made a motion seconded by Commissioner Bolton to table T02405 to a time certain on July 10, 2019. Motion to table T02405 passed unanimously (3-0). With no further discussion, Mayor Gomez moved to the next item on the Agenda. 10.QUASI-JUDICIAL HEARING(S) Mayor Gomez noted items 11a. TR13278 and 11b. TR113277 are companion items and will be considered together but will be voted on separately. Vice Mayor Placko made a motion seconded by Commissioner Bolton to get the items on the table for discussion. City Attorney Goren read TR13278 and TR13277 titles into the record. City Clerk Teufel swore in the all affected parties. City Attorney Goren went over the Quasi-Judicial processes and procedures. Community Development Director Maxine Calloway appeared and gave a presentation, which is on file at the City Clerk's Office and noted the Planning Board recommended approval subject to six (6) conditions. Mr. Daniel A. Fee, Engineer on behalf of the applicant stated he agreed with City Staff's recommendation. Mayor Gomez opened the Public Hearing. Resident Ronald J. Wasserman, residing at 8577 Jade Drive, Tamarac inquired about how do you know if the conditions will be met and Community Development Director Calloway responded by Page 6 of 8 CITY COMMISSION MEETING June 26, 2019 REVISED 09/19/19 substantial conformity. With no one else wishing to speak, Mayor Gomez closed the Public Hearing. Mayor Gomez asked the City Commission if they have disclosures or Exparte communications related to items 11 a and 11 b. With nothing to disclose by the City Commission, Mayor Gomez opened the floor to the City Commission for discussion. Community Development Calloway and Engineer for the applicant Daniel A. Fee responded to questions from the City Commission regarding a wall, easement, security gates, cameras. Kenny M. Davis of KDC Contracting, residing at 7160 NW47th Place, Lauderhill, FL 33319 and representing the applicant, responded to questions regarding to egress and amenities. Mr. Davis said he will accommodate a security gate as a condition of approval. A motion was made by Commissioner Bolton and seconded by Vice Mayor Placko to recess passed unanimously (3-0). Mayor Gomez recessed the meeting at 10:30 a.m. and reconvened the meeting at 10:45 a.m. Mr. Davis responded to City Commission questions regarding square footage, elevation, price point, well-water for irrigation system and HOA commitments. Commissioner Bolton noted security concerns and asked for the addition of a wall as a reasonable condition. Vice Mayor Placko inquired about restrictions, by-laws, Official HOA, maintenance, payments to HOA and City plans to build a wall at that location. Mr. Davis said there is a commitment to the HOA. Community Development Calloway noted the City plans to build a wall and that is the reason for the easement. Additional discussion ensued regarding driveways, parking garage and number of cars parking in the garage and on the driveway Mayor Gomez noted her concerns on additional cars parking outside the property requesting changes to deed restrictions and Mr. Davis agreed to make changes. Mayor Gomez noted her concerns regarding leasing restrictions for rental of the property. With no further discussion, Mayor Gomez call for a separate vote for each of the items, TR13278 and TR13277. a. TR13278 — Tamarac Circle Plat — A Resolution of the City Commission of the City of Tamarac, Florida, granting final plat approval for "Tamarac Circle" Plat, to allow for the development of the subject property; subdivision of the subject property into five (5) residential single-family lots; dedication of a utility easement for proper purposed; dedication of a wall and planting easement; dedication of a blanket ingress and egress easement for access through the subject property for the provision of municipal services; 57th dedication ofprivateHomeowners a road, as NW Court, to the Tamarac Circle Association; dedication of parcels for drainage and landscaping to the Tamarac Circle Homeowners Association; additional right-of-way dedication for road and road related purposes; for the proposed use of five (5) new single-family homes; for the property located at the 5700 block of Rock Island Road at 5400-5440 NW 57th Court; (Case No. 3-P-18); providing for conditions of approval; providing for execution of said plat; providing for conflicts; providing for severability; and providing for an effective date. Vice Mayor Placko made a motion seconded byCommissioner Bolton to approve YPP TR13278. Motion passed unanimously (3-0). RESOLUTION R-2019-56 b. TR13277 — Tamarac Circle New Development Site Plan — A Resolution of the City Commission of the City of Tamarac, Florida, granting new development site plan approval Page 7 of 8 CITY COMMISSION MEETING June 26, 2019 REVISED 09/19/19 (with conditions) for the Tamarac Circle residential subdivision development, to allow for the development of the subject property, formerly known as Tract "A" of the "Comrock" plat and replatted as the "Tamarac Circle" Plat, to permit the construction of five (5) single family homes on NW 57th Court, Tamarac, Florida (Case No. 11-SP-18); providing for conflicts; providing for severability; and providing for an effective date. Motion by Vice Mayor Placko seconded by Commissioner Bolton to approve TR13277 passed unanimously (3-0). RESOLUTION R-2019-57 11. OTHER: No items presented. There being no further business to come before the City Commission, Mayor Gomez adjourned the meeting at 11:08 a.m. r im,4 3-62-)_ Michelle J. Gomezd1lAayor Lillian Pabon, CMC Assistant City Clerk Page 8 of 8 CITY COMMISSION MEETING June 26, 2019 REVISED 09/19/19