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HomeMy WebLinkAbout2023-11-06 - City Commission Workshop Meeting MinutesCITY COMMISSION MINUTES WORKSHOP MONDAY, NOVEMBER 6, 2023 10:00 AM CONFERENCE ROOM 105 CALL TO ORDER: Mayor Michelle J. Gomez called the Monday, November 6, 2023, City Commission Workshop, being held in Conference Room 105, to order at 10:01 a.m. ROLL f AT,T. Present were Mayor Michelle J. Gomez, Vice Mayor Marlon D. Bolton, Commissioner Kicia Daniel, Commissioner Morey Wright Jr., and Commissioner Elvin Villalobos. Also present were City Manager Levent Sucuoglu, Assistant City Manager Maxine Calloway, City Attorney Hans Ottinot, and City Clerk Kimberly Dillon. PLEDGE OF ALLEGIANCE Mayor Gomez led the Pledge of Allegiance and moment of silence. AGENDA 1.a. Locally Funded Agreement between the City of Tamarac and FDOT C. Bryan Wilson and Rob Lopez, KCI Technologies Inc., Project Manager for FDOT provided a presentation, which is on file in the City Clerk's Office. Commissioner Villalobos asked for a breakdown of the contributions of other cities. Mr. Lopez explained the significant contributors were Broward County, at $1,847,485, and the City of Tamarac at $114,964.14, representing 9.4 percent of the improvements to the four (4) intersections included in the agreement. Mayor Gomez advised that she had met with the presenters the previous week as she had questions related to the project and a previously requested safety study. She thanked Mr. Wilson and Mr. Lopez for being willing to help and pointing her to next steps for the issues with City and County roads. 1.b. Discussion and Consensus on Artist Design for Fire Station #15 Public Art Installation George Gadson, Public Arts Administrator, and Maher Mansour, Community Development Assistant Director, provided a presentation, which is on file in the City Clerk's Office. Mayor Gomez sought and received consensus on number three (3). Mr. Gadson discussed the materials to be used, including the bronze sculpture and granite benches. He noted the artist's estimated timeline was approximately nine (9) months. City Manager Sucuoglu asked that the site plan be put in place in the meantime. Le. Discussion on retaining The Ferraro Law Firm to represent the City of Tamarac in a water pollution litigation against 3M and Dupont/Chemours Mayor Gomez asked whether this conversation should be a shade session. She expressed concern with the public perception and with the documents marked "confidential" being included in the public record. Discussion ensued with City Attorney Ottinot and James L. Ferraro Jr., The Ferraro Law Firm, providing additional clarification. Consensus was to move forward with the presentation. James L. Ferraro Jr., The Ferraro Law Firm, a presentation, which is on file in the City Clerk's Office. Commissioner Daniel commented on the risks associated with the chemicals and stated that she would do anything she could to support the cause. Vice Mayor Bolton asked the fiscal impacts of engaging the services of The Ferraro Law Firm. Mr. Ferraro explained there was no fee or cost out of pocket, it would be on a contingency basis. He explained the sliding scale fees briefly. Vice Mayor Bolton asked Mr. Ferraro to explain how this would help to protect the residents. Mr. Ferraro discussed the regulations, and noted the aim was that these funds could be used to install filtration systems at an immense benefit to residents. Commissioner Villalobos asked what happens if the cost of the filtration system is more than the settlement. Mr. Ferraro noted the process would start with gathering data and determining the scope of the issue. He discussed the liability briefly and asserted while they cannot expect to be compensated dollar for dollar, the settlement funds will help, and there is potentially Federal and State money available for this issue, as well. Commissioner Villalobos acknowledged this was a scary issue, and asked staff whether there was a game plan in place. City Manager Sucuoglu advised this issue was originally brought forward by the Assistant Director of Utilities, and a presentation would be prepared to advise of the City's plans. Mayor Gomez stated the City had been working on a new water plant project for years. She noted a communication to the residents should be crafted to let them know what actions have been taken and what testing has revealed. She asked whether landscaping chemicals were a factor. Mr. Ferraro advised that the most problematic issue would have been firefighting foam, and that was remedied. Minutes November 6, 2023 — Workshop Page 2 Mayor Gomez asked whether the chemicals would show up in testing because the City had already taken remedial steps in the interim to protect the residents, visitors, and drinking water. Mr. Ferraro explained the impacts on the Biscayne Aquaphor and noted the problem was more widespread than local action. Mayor Gomez highlighted a potential concern with the City being sued as a result of the findings. Discussion continued. Mayor Gomez asked that Mr. Ferraro explain the compensation example in the documents. Mr. Ferraro provided additional background on the suit and fees. Discussion continued regarding the reasons to work with an attorney, claims, regulations, potential for litigation against the City, and pending legislation. Mayor Gomez noted the presentation stated funds received as a result of the lawsuit were not earmarked, and asked whether they could be used toward the water treatment plant without issue. Mr. Ferraro confirmed this was correct. Commissioner Daniel asserted that if there was something potentially damaging in the water it should be alarming to all residents, and the Commission should be focused on how to fix it for the future. Mayor Gomez sought and received consensus to move forward with retaining The Ferraro Law Firm. Mayor Gomez called for a recess at 11:35 a.m. Mayor Gomez called the meeting to order at 11:45 a.m. l.d. Discussion on Commission Initiative Funds Levent Sucuoglu, City Manager, provided a presentation, which is on file in the City Clerk's Office. City Manager Sucuoglu sought a consensus to increase the Commission Initiative Fund to $15,000 per district and $20,000 for the Mayor through a budget amendment. Commissioner Villalobos stated the Commission had become more active as the City's demographics have changed. He discussed rising costs and the benefits of connecting with the community with smaller events. Commissioner Daniel agreed, noting she had recently planned an event to support Tamarac Elementary School and the funds were gone quickly. She advised that residents come to their Commissioners with ideas and ways to connect on a small scale, but everything costs money. She added that she appreciates the safe guards in place. Minutes November 6, 2023 —Workshop Page 3 Mayor Gomez provided a brief history on the Commission Initiative Funds and highlighted issues. She stated she had advocated for a reduction, and the need for an increase in the fund had not come up during the budget hearing process. She asserted she believed an adjustment at this time is poor public policy. Mayor Gomez expressed concern with policies not being followed in relation to initiative events, and suggested penalties for not following the procedure. City Manager Sucuoglu provided additional background on the reasons for bringing the item to the attention of the Commission. Mayor Gomez stated she believes the role of the Commission has not changed, and inflation is not such that events cannot be organized in a fiscally responsible manner with the existing money. Commissioner Daniel and Mayor Gomez briefly discussed hosting joint events. Commissioner Daniel reiterated that things are expensive, and stated she believed the penalty for going over budget was that an event would be canceled. She discussed the need to put on events that people want to come out for, and pointed out different events draw different people. Commissioner Wright stated he agreed with the sentiment expressed by Commissioners Villalobos and Daniel, and also saw Mayor Gomez's concern. He noted he had spent out of pocket and put things off, so an increase in budget would make him more efficient in communicating with residents and engaging initiatives. He asked what data was used to determine the proposed budget amount. City Manager Sucuoglu advised staff had reviewed the requests and expenditures and suggested an estimated number that would accommodate most requests. Commissioner Wright stated he had spoken with a colleague in a neighboring city and their initiative budget is $50,000 shared between the Commission. He discussed the differences between districts in the types of initiatives that would work best, and noted additional funds would help. He added that he agreed with Mayor Gomez that this should have been addressed in the budget process. Vice Mayor Bolton responded to concerns raised by Mayor Gomez. Continuing, he stated the biggest part of the initiative fund budget goes toward staff time, and noted that from that point of view, he would be amenable to a budget of $25,000. He discussed his recent event and the connections that had happened there, and pointed out some events may be marketed too broadly. He asserted that those who do not vote in support of the initiative funds should consider not using the funds. Mayor Gomez clarified that when she voted against an increase in the initiative funds, she only used the portion which she had felt was appropriate to support. Minutes November 6, 2023 —Workshop Page 4 Commissioner Villalobos commented that he agreed that the Commissioners should be held to the budget. Commissioner Wright stated he supported a budget of $15,000, and noted he was open to sharing funds to put on joint events and learn from those more experienced. He advised he was fine with people coming from other communities for initiative events, because those are people coming in to spend money at Tamarac businesses. Mayor Gomez suggested the City Manager come back with a proposed revision of the policy to incorporate the increase to $15,000 for the Commissioners and $20,000 for the Mayor, as well as for additional restrictions and an option to share. Commissioner Villalobos left the dais at 12:47 p.m. Vice Mayor Bolton asserted there was not consensus for an amount. He discussed his recent event and relationships among the Commissioners. Commissioner Daniel asked for further clarification on the proposal to share the funds. Commissioner Wright explained his idea. Discussion continued regarding the total initiative budget and supporting each other's initiatives. Commissioner Daniel stated she did not support pooling funds but did support $25,000 for each of the Commissioners and Mayor with remaining dollars either rolled forward to the next year or returned to the City budget. Commissioner Villalobos returned to the dais at 12:56 p.m. Discussion continued as to the appropriate amount for the fund and auditing. Mayor Gomez asserted the discussion showed short memories, as the residents had been very upset with the $25,000 initiative funds. Discussion continued. Commissioner Wright suggested $20,000 for each Commissioner and $25,000 for the Mayor. Consensus was for these amounts. Mayor Gomez called for a recess at 1:06 p.m. Mayor Gomez called the meeting to order at 1:31 p.m. Le. Discussion and Consensus on the elements for the Sabal Palm Park Improvement City Manager Sucuoglu provided a brief introduction to the presentation, advising the Sabal Palm Park improvements were in the Capital Improvement Plan (CIP) and there are pending grant dollars which require the park be under construction by August 2024. Commissioner Villalobos returned to the dais at 1:32 p.m. Commissioner Daniel returned to the dais at 1:33 p.m. Minutes November 6, 2023 —Workshop Page 5 John Doherty, Director of Public Services, John D. Mustafa, City Engineer, and Melissa Petrone, Assistant Director of Parks and Recreation provided a presentation, which is on file in the City Clerk's Office. Commissioner Wright left the dais at 1:33 p.m. Commissioner Wright returned to the dais at 1:36 p.m. Mayor Gomez highlighted noise concerns related to pickleball in other areas and commented that it should not be included unless the community had specifically requested it. She noted the residents had requested a gate to keep people from parking in the park overnight. Vice Mayor Bolton argued residents had asked for and advocated for pickleball, as well as a splash pad, dog park, walking trail, extra lighting, gate, general all-purpose field, swings for kids under 12, Wi-Fi, and picnic shelters. Mayor Gomez pointed to the inclusion of a community building on the list of potential elements. She stated there had been a long workshop to discuss including a community building, and the Commission had not supported it. Discussion continued regarding a community center. Commissioner Villalobos asked about the cost of a splash pad. Assistant Director of Parks and Recreation Petrone noted a splash pad was mentioned during the process, but because there is already one on the east side of the City and maintenance has been costly, it was not included in the list of options proposed. Commissioner Villalobos discussed recent neighborhood -specific spending and the proximity to amenities in Shaker Village. He stated he would support parking enforcement and automatic towing. Commissioner Daniel stated she had voted in support of a community center at Sabal Palm Park in one of her first workshops. She asserted there needed to be a community center on the east, whether it was there or at Shaker Village. She noted she was glad to see the basketball courts. Vice Mayor Bolton suggested benches near the all-purpose sports field, potentially in a way they can be used to watch multiple activities. He stated he was not sure if a concession room was an option, but a splash pad was very important, as it was something residents were adamant about, along with swings and slides. Mayor Gomez called for a recess at 1:58 p.m. Mayor Gomez called the meeting to order at 3:17 p.m. Assistant Director of Parks and Recreation Petrone provided brief clarification regarding the splash pad costs, noting repairs had been in excess of $40,000 on the existing splash pad. Minutes November 6, 2023 — Workshop Page 6 Vice Mayor Bolton stated that is the price of doing business, as the splash pad is important to the area, and pointed out the City is growing younger. Mayor Gomez noted she has concerns with Waters Edge Park, and stated she hopes a different product will be used at this park. She advised she loves splash pads but is concerned it may need to be a future addition due to staff concerns. She asked whether the walking trail would have fitness centers. Mr. Mustafa explained there were two (2) options for fitness areas. Discussion continued. Commissioner Villalobos returned to the dais at 3:22 p.m. Commissioner Wright advised that he also was in support of a splash pad, and noted he believed splash pads are individual to communities. He asked for further clarification on what makes them expensive. Assistant Director of Parks and Recreation Petrone and Director of Public Services Doherty explained. Discussion ensued briefly regarding the splash pad at Tamarac Village. Commissioner Daniel stated with the heat in South Florida, the need is there for a splash pad. She asked that options to make it less expensive be explored. Commissioner Daniel suggested a track and field facility. City Manager Sucuoglu stated staff had been advised there was not enough room. City Engineer Mustafa provided additional details regarding the amenities which would need to be removed, advising a track would take around 80 percent of the space. Vice Mayor Bolton stated a covered picnic area was very much needed, but he was concerned the area shown was too small. He suggested something similar in size to the covered fitness area at Caporella Park so it could be used for events. Director of Public Services Doherty suggested more than one (1) covered picnic area rather than a larger area. Discussion continued. Commissioner Villalobos asked why this was not a passive park, asserting it would only benefit a small group of people. He stated he understood there was a grant, but this may be a case of spending more to use a coupon. He asserted the City should not continue adding parks when they have not resolved the issues leaving other parks not operational. Mayor Gomez asked for additional clarification on the exercise equipment. Director Public Services Doherty explained. Discussion continued. Mayor Gomez noted with its 13 parks, the City of Tamarac is ahead of the 2045 projected acreage requirements according to the Broward County Land Use Plan. She commended the City on having good, well -utilized parks. She asked whether there would be further public participation, as the public input did not feel current. She asked staff to review the public input sessions held. Minutes November 6, 2023 — Workshop Page 7 City Manager Sucuoglu suggested tabling this item and bringing back the conceptual plan to the Commission. He stated in the meantime, staff would prepare as much of the RFP as possible. Mayor Gomez suggested one (1) last meeting with the community, as she was concerned the Commission was not getting a full picture. She noted there were two (2) new members on the Commission who were not at the previous meetings. Commissioner Daniel asked if it was possible to do a survey, as she does not want to rely on the same five (5) or 10 people who show up for meetings. LE Woodlands Development Agreement Maxine Calloway, Assistant City Manager and Community Development Director, provided a presentation, which is on file in the City Clerk's Office. Mayor Gomez stated she wanted to make sure it was completely understood that the Woodlands Homeowners Association (WHOA) was not a Homeowners Association (HOA), but a business organization for division of certain expenses which represents mandatory participation in six (6) sections and voluntary participation in two (2) sections. Mayor Gomez asked that the Commission have the opportunity to review the final declaration of restrictive covenants prior to approval. Assistant City Manager Calloway clarified that the attachments were being adopted as part of the Development Agreement, so comments should be made at this time. Assistant City Manager Calloway explained the agreement was between the City and the developer for the benefit of the City and Woodlands 1-8. She stated any changes or modifications to the restrictive covenants would need to be in writing and come back to the City Commission for review and approval. Mayor Gomez clarified that the administrative offices were restricted to property management of Woodlands 9 and not to be rented out or used by other sections. City Attorney Ottinot agreed this was the intent of the agreement. Mayor Gomez asked why fee increases needed to be communicated to the City. Assistant City Manager Calloway explained the intent of the clause. Discussion continued. Mayor Gomez inquired as to the status of the separate site plan for the clubhouse and amenity complex. Assistant City Manager Calloway stated the application was already filed and was in the Development Review Committee (DRC) process. She stated they are projected to be before the Planning Board in January and the City Commission in January or February. Minutes November 6, 2023 — Workshop Page 8 Mayor Gomez continued to review the agreement. She commented on the location of school pickup, asked for clarification on the maintenance of open space and waterways, and suggested an escalator on whatever contracted maintenance amount was agreed to. Assistant City Manager Calloway responded. Mayor Gomez highlighted resident concerns with the impact of the waterway changes on Orchard Tree Lane. Director of Public Services John Doherty explained the new and existing waterways on the map. He stated the waterways adjacent to Orchard Tree Lane were not modified in any way in the plans, but if they were modified, the developer would be required to bring them up to current regulatory standards and requirements. Discussion continued. Mayor Gomez continued to provide feedback on the agreement, commenting on language associated with the WHOA, improvement of remaining pathways, and the addition of sidewalk connections to outside streets. Assistant City Manager Calloway and City Attorney Ottinot responded as appropriate. Discussion continued regarding public access. Mayor Gomez asked whether the community would be allowed to post no trespassing signs and provide for removal of trespassers, as the use of the property was limited to residents and guests. Captain Jeremiah Cooper, Broward Sheriff's Office (BSO), stated that was a process the HOA could look at, and he did not see it being a problem. Vice Mayor Bolton left the dais at 4:45 p.m. Mayor Gomez asked for clarification on parking, signage, and banners. Assistant City Manager Calloway and City Manager Sucuoglu explained. Vice Mayor Bolton returned to the dais at 4:47 p.m. Mayor Gomez expressed concern regarding the use of impact fees for Woodlands Boulevard. Assistant City Manager Calloway explained. Mayor Gomez stated a study was going to be conducted for the entire section of Commercial Boulevard from Bailey Road to 44th Avenue and asked for and received consensus that the $150,000 for north and the $150,000 for south of Woodlands Boulevard be pooled in case one (1) side did not need the full amount. Mayor Gomez asked that staff further explain the financial assurances. Assistant City Manager Calloway elaborated on the bond for Public Services. Mayor Gomez asked about the gate, license plate readers, and call box. Assistant City Manager Calloway advised that the developer would be giving a full presentation of the site plan at the regular meeting on November 8, which would include the entrance features. Minutes November 6, 2023 — Workshop Page 9 Mayor Gomez commented on the timeline for connecting the entry cameras to BSO. City Manager Sucuoglu and Assistant City Manager Calloway responded, and discussion continued. Commissioner Daniel left the dais at 5:05 p.m. Mayor Gomez advised that she would sign whatever was necessary to clarify that she waives the right to any funds as a result of this agreement on both of her properties in the Woodlands, whether owned by herself or a member of her family. City Attorney Ottinot suggested language be added that allows a homeowner to decline the funds. Mayor Gomez advised she did not agree with the way funds for affordable housing were allocated in the agreement, noting it should not be designated solely for the specific area outlined. She sought and received consensus to remove the location restriction. Commissioner Daniel was away from the dais and Vice Mayor Bolton had no comment. Commissioner Daniel returned to the dais at 5:12 p.m. Mayor Gomez sought and received consensus to amend the section of the agreement related to the overlay districts to reference the ordinance directly. Mayor Gomez advised she was not okay with the allocation of $2.2 million to 24 communities and a list of charities. She stated the money should be placed into a pool to be strategically used in the future, and briefly discussed potential ways the City could use the money to creatively address existing issues. Mayor Gomez sought consensus to move the funds in 21 b, 21 c, and 21 d into an escrow for the City to determine its best use for the impacts. Commissioner Wright stated Woodlands 3 and 4 should be added to 21c. He asserted the list should be looked at deeper to determine which communities would be affected and should benefit from the funds. Discussion continued regarding the allocation of funds and the restrictions in the agreement. Commissioner Villalobos commented that the project benefits the entire City, but the funds are set to benefit specific communities which are not even being impacted by the development. He asserted staff should be determining the allocation. Commissioner Daniel stated she voted to support the development because she thought residents deserved nice homes to move into, but she would like to see the things that were promised included in the agreement. She asserted it was about time that those making multi -million dollars pay for community improvement, as well as to give back to charities that assist the community and to a community center on the east side. Minutes November 6, 2023 — Workshop Page 10 Commissioner Daniel explained the Community Development District (CDD) was causing some residents in Manor Parc and other areas to be concerned their taxes will be higher than their mortgages. She advised that should come out and they should be transparent with people about what they are going to pay. Assistant City Manager Calloway stated the development agreement gives the developer authority and discretion to create a CDD. She noted there was also an ordinance on the November 8 agenda regarding the CDD. Commissioner Daniel stated she did not want to give authority to create a CDD. Assistant City Manager Calloway explained the CDD or Master Association is a funding mechanism negotiated in the development agreement. Commissioner Daniel asked for clarification on the clause regarding the developer's involvement in the City's selection of legal counsel. City Attorney Ottinot stated he understood the concern, and a proviso of reasonability could be added to the clause. Commissioner Daniel expressed concern regarding the rights -of -way required for the roads to be widened and asserted the houses looked different from what she had been shown the first time. She stated she was told the houses would match the current environment and the proposed do not, so it seems like the people who were against 13ffi Floor were correct and they do whatever they want. Commissioner Wright agreed, and stated Part E was not compatible with the neighboring community, so he would be in favor of removing it. Assistant City Manager Calloway advised that was part of the site plan, which was a quasi-judicial item on the regular meeting agenda on November 8. Commissioner Daniel asked why there would be walls in some areas and fences in other areas instead of being consistent. Assistant City Manager Calloway explained the Commission had voted on first reading to make it consistent by removing the restriction against fences in the current overlay. She noted a second reading was scheduled for Wednesday. Commissioner Daniel inquired as to where the land was coming from for the new lanes, and whether there were agreements with Florida Power and Light (FPL) and Lauderhill. Assistant City Manager Calloway advised that on 64t'', the right-of-way is half owned by the City of Tamarac and half owned by the City of Lauderhill and language was added to the development agreement to ensure permits are secured from the City of Lauderhill for any improvements affecting their right-of-way. Commissioner Daniel asked about maintenance of the gate. Assistant City Manager Calloway explained the 350 homeowners in Section 9 would be responsible for maintenance of the gate and other amenities. Minutes November 6, 2023 —Workshop Page 11 Commissioner Daniel asked that a clause be added spelling out that the residents would be kept informed of construction details in a reasonable timeframe and asked for clarification on lakes being filled. Assistant City Manager Calloway and Director of Public Services Doherty explained. Commissioner Daniel asked about endangered species and coyotes. Assistant City Manager Calloway suggested bringing the item to the attention of the developers. She noted an environmental assessment was completed as part of the Land Use Amendment and no concerns were raised. Discussion continued. Commissioner Daniel expressed concern that the fees be completely transparent to the purchasers in Woodlands 9, so the property owners know what they are getting into. Assistant City Manager Calloway explained that would be part of the CDD discussion, and the fee would be not to exceed $6,000 annually. Commissioner Daniel commented on the amenity complex, requested a basketball court, and stated mail delivery should match the rest of the Woodlands. She asked about exercise equipment, internal roadways, project buffers, and gates. Assistant City Manager Calloway responded as appropriate. City Attorney Ottinot provided additional clarification regarding public access to the soft -gated community. Commissioner Daniel asked about the presence of bike paths. Assistant City Manager Calloway advised the site plan presentation would show all improvements relative to the site that are being proposed. Commissioner Daniel asked for clarification on which approvals would come before the City Commission and which would be handled by staff. Assistant City Manager Calloway provided a brief outline of the process and explained any major change comes back to the Commission. Commissioner Daniel inquired as to what recourse residents would have if the project were sold. Assistant City Manager Calloway advised any sale would be subject to the development agreement. Discussion continued. Vice Mayor Bolton asked whether the CDD discussion at Wednesday's meeting would be legislative. Assistant City Manager Calloway confirmed that the only quasi-judicial item was the site plan. Mayor Gomez called for a recess at 6:10 p.m. Mayor Gomez called the meeting to order at 6:22 p.m. Vice Mayor Bolton asked for clarification on approval of site plan amendments. Assistant City Manager Calloway explained site plans are approved by the City Commission, and major amendments come back to the Commission. Vice Mayor Bolton asked that the clause be amended to clarify. Discussion continued. Minutes November 6, 2023 — Workshop Page 12 Vice Mayor Bolton asked about construction time. Assistant City Manager Calloway advised the development agreement was for 10 years, with subsequent renewals to be approved by the Commission. Vice Mayor Bolton referenced the declaration of restrictive covenants, existing lot sizes, and mid-century modern architecture definitions. Assistant City Manager Calloway responded. Vice Mayor Bolton asserted the architecture was not compatible with the surrounding homes. Assistant City Manager Calloway reviewed efforts made to provide a modernized version of the architecture existing in the Woodlands. She shared images from the proposal and stated that better elevations would be included in the site plan presentation. Discussion continued. Vice Mayor Bolton asked for further clarification on the fire concessions. He asserted the cost of Fire Assessment Fees had recently been increased for residents, and he would not approve an agreement that waived the fees. City Manager Sucuoglu advised he had the same reaction when he saw it, then met with staff for further explanation. He stated the total value of the inspection package was miniscule, but the benefit provided by the owner opting in to the sprinkler system is tremendous. Assistant City Manager Calloway provided additional clarification. Commissioner Daniel asked if other developments had the same opportunity. Assistant City Manager Calloway explained the Fire Department representative on the DRC offers this to most developers, but because of the cost associated, the offer is not typically accepted. Discussion continued regarding the costs. Vice Mayor Bolton asked for clarification on the site plan approval process for the amenity pod, and use of the clubhouse. He referenced a past CDD approved by the Commission and stated he was not inclined to approve this CDD. Discussion continued regarding HOA and CDD assessments and affordability. Vice Mayor Bolton reiterated the importance of transparency in what property owners would be charged. Assistant City Manager Calloway explained the City had learned from past experience, and there were three (3) recommended conditions of approval of the CDD included in the staff memorandum as a result. Vice Mayor Bolton asserted the recreation trail exhibit was inconsistent with the site plan. Assistant City Manager Calloway stated she would investigate. Vice Mayor Bolton addressed the list of HOA allocations in the agreement and asserted the development may be in District 2, but it was directly impacting the communities in District 1 and it was his prerogative to advocate for those residents. He asked if it was true that the Woodlands would be getting $20 million in improvements. Assistant City Manager Calloway reviewed improvements intended Minutes November 6, 2023 — Workshop Page 13 to improve the appearance and quality of life of the Woodlands, in addition to increasing property values. Vice Mayor Bolton asked whether there would be access off 64t' Avenue. Assistant City Manager Calloway advised the project as proposed included this access: Discussion continued regarding access. Vice Mayor Bolton noted Mayor Gomez's concerns regarding the list of charities in the agreement. He asked what the mechanism was for management of that list. City Attorney Ottinot stated the development agreement was a contract between the parties involved, and any modifications would be made by the Commission, subject to the approval of the developer. Discussion continued regarding potential changes. Commissioner Wright advised he was not initially in support of the project and did not support the agreement as presented. He agreed with Mayor Gomez's suggestion to place the allocations in a pool, and stated he believed that solved the problem of figuring out which charities the money should be distributed to. Commissioner Wright commented that $740,000 of the $925,000 going to communities was marked for District 1, and none of it was going to District 2. He stated these funds should also be placed in the pool for the City to determine the best use in the future. He noted that based on his conversations with the developer, the developer had identified Shaker Village as a place in need of improvement, and he wanted to honor that request. Commissioner Wright stated that if the developers made any changes to the waterway adjacent to Orchard Lane, they should be required to stabilize the land and the language of the agreement should reflect that. He advised that Pod E was not compatible with the community and should be eliminated before the site plan review at Wednesday's meeting. Commissioner Wright asked for clarification on the open space restriction. Assistant City Manager Calloway explained the condition of approval from Broward County on the Land Use Amendment restricted 110 acres and the developer was providing an additional 50 acres in the development agreement. Commissioner Daniel stated she liked the fact that the developer was putting money toward the Shaker Village community center. She advised that she also agrees with keeping the funds going toward the listed charities. She argued that the Woodlands are getting $20 million in upgrades, and the City should keep it fair based on who is impacted. She stated she thought developers should be required to give back to the community going forward. Minutes November 6, 2023 — Workshop Page 14 Mayor Gomez clarified that the $20 million did not necessarily benefit the homeowners, citing extensive impacts. She argued that if they wanted to be equitable, more money should be going to the Woodlands. Mayor Gomez asked that language surrounding FDOT and FPL agreements be tightened up, as those approvals are already in place. She commented on the concerns expressed related to the home designs and stated to her understanding they had remained similar to what was proposed. Mayor Gomez clarified that six (6) of the sections have clubhouses, so the amenity campus would not be used by the other residents of the Woodlands. She noted Woodlands 3 and 4 may want to rent the clubhouse for annual meetings. Commissioner Wright sought and received consensus to request the agreement be changed so that Woodlands 3 and 4 have free access to the clubhouse. Assistant City Manager Calloway clarified that under the current agreement, anyone in the Woodlands could choose to have access to the amenity campus for $100 per month. Mayor Gomez abstained as a resident of Woodlands 4 and Commissioner Villalobos did not comment. Vice Mayor Bolton sought and received consensus to request the addition of a basketball court to the amenity campus. Mayor Gomez stated the amenities had been through multiple public meetings and the residents had not asked for basketball courts. Mayor Gomez abstained as a resident of Woodlands 4 and Commissioner Villalobos did not comment. Discussion ensued regarding the procedure for requesting that Pod E be removed from the site plan and development agreement, as the site plan application would be a quasi-judicial meeting at the regular meeting on Wednesday. Commissioner Villalobos left the dais at 7.39 p.m. Mayor Gomez discussed the pros and cons of a CDD and provided a brief background on how it was applied in the past. She stated she understood leaving the $750,000 earmarked for Shaker Village community center, and offered a friendly amendment to add a time certain in case the project did not go through. Vice Mayor Bolton agreed there should be language to protect the funds and suggested that it be a project that serves a public purpose within the Shaker Village community. Discussion ensued regarding language clarifying the project would need to be in the east part of Tamarac. Commissioner Daniel asserted they should make sure it was used for a community center in Shaker Village. Commissioner Daniel left the dais at 7:47 p.m. Minutes November 6, 2023 — Workshop Page 15 Discussion continued regarding the language surrounding the Shaker Village allotments in the agreement. Commissioner Daniel returned to the dais at 7:50 p.m. Vice Mayor Bolton argued the proposed change was part of an effort to kill the Shaker Village community center project. Commissioner Wright asserted he supported the Shaker Village project because it was on the main thoroughfare and was an eyesore in the community. He stated the developer wanted to beautify the area right outside their community and suggested the funds be restricted to a project within eastern Tamarac. Discussion continued as to geographic parameters which would be amenable. Commissioner Daniel stated the document could be amended in the future if the Shaker Village project did not go through. Consensus was to leave the language in 2 1 b as written. Commissioner Wright stated he was in favor of amending 21 c to make the payment of funds to the HOAs more equitable and include more of the Woodlands. Vice Mayor Bolton asserted the communities were being directly impacted and the list should not be changed. Commissioner Daniel stated they should ask for more money to add the Woodlands to the list. Discussion continued and a consensus was not reached. Vice Mayor Bolton sought consensus to allow Ilene Lieberman Michaelson to speak as an affected party at the meeting on Wednesday, as she had missed the deadline to file due to surgery. Mayor Gomez asked staff to clarify the process. Assistant City Manager Calloway stated the Code provides for registration seven (7) days in advance. City Attorney Ottinot advised this was a Commission rule and if the majority of the Commission finds cause to waive the rules, they could vote on it at the regular meeting. Assistant City Manager Calloway asked that Ms. Lieberman provide any evidence she wished to submit on the quasi-judicial item by noon on November 7. ADJOURNMENT There being nothing further to discuss, the meeting was adjourned at 8:05 p.m. Minutes November 6, 2023 — Workshop Page 16 Minutes transcribed by Crysta Parkinson, Prototype, Inc. and submitted by Kimberly Dillon, City Clerk. Kimberly Dillon, City Clerk " . I r - Michelle J. Gomez, Mayor Note to the reader: The above signature is the City Clerk, of the City of Tamarac, Florida. If the minutes you have received are not signed, or completed as indicated above, they are not the official minutes of the City Commission Workshop held Monday, November 6, 2023. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. The City of Tamarac complies with the provisions of the Americans with Disabilities Act. If you are a disabled person requiring any accommodations or assistance, please notify the City Clerk's Office at (954) 597-3505 of such need at least 48 hours (2 days) in advance. Additionally, if you are hearing or speech impaired and need assistance, you may contact the Florida Relay Service by dialing 7-1-1. Minutes November 6, 2023 —Workshop Page 17