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HomeMy WebLinkAbout2023-11-08 - City Commission Regular Meeting MinutesREGULAR CITY COMMISSION MEETING MINUTES WEDNESDAY, NOVEMBER 8, 2023 7:00 PM COMMISSION CHAMBERS CALL TO ORDER Mayor Michelle J. Gomez called the Wednesday, November 8, 2023, City Commission meeting, being held in Commission Chambers, to order at 7:00 p.m. ROLL CALL 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 Commissioner Morey Jright Jr. led the Pledge of Allegiance and moment of silence. 1. CITY ATTORNEY REPORT City Attorney Ottinot had no report. 2. CITY MANAGER REPORT 2.a. Presentation by Dr. Jeff Holness, Broward County School Board Member, District 5 Dr. Jeff Holness made a presentation which is on file in the City Clerk's Office. 2.b. Investment Report City Manager Sucuoglu made a presentation of the City Manager's Report which is on file in the City Clerk's Office. 3. PUBLIC PARTICIPATION Mayor Gomez noted the rules for public comment were posted and opened the floor to comments from the public. 1) William Goffernet, 5106 Bayberry Lane, Tamarac, distributed a document to the dais. He shared concerns regarding arsenic at Winter Park and stated the Woodlands project was not good stewardship of the environment. City Attorney Ottinot stated the City was not a parry in the case which was referenced in the document distributed. He noted he would review the document. Minutes November 8, 2023 — Regular Commission Meeting Page 2 2) Darcy Schillinger, Kings Point, read a quote from Albert Einstein regarding doing the same thing over and again and expecting different results. She referred to an increase to the Initiative Funds and stated she hoped purchase orders and receipts would be required. She highlighted a recent District 3 event and stated it had been a disaster and encouraged cultural sensitivity. She thanked the Commission for getting Life Ring into Tamarac and for the vote overview provided on social media. 3) Robert Alphonso, Tamarac, stated he had read the OIG report and discussed the use of travel funds without providing receipts. He asserted this was corruption and the Commission was corrupt. 4) Patti Lynn, Mainlands 8, stated there must be a generational gap, because people used to run for office to serve their communities, and she did not think that was happening anymore. She asserted residents are struggling to survive, especially those on fixed income, and meanwhile the Commission was collecting a car allowance and increasing the Enterprise Fund during an election year. 5) Jodi Ann Reed, Shaker Village, Tamarac, asserted Shaker Village residents speaking at the October 11 meeting had spoken up to correct the record and despite not raising the voices or being disrespectful, they had been interrupted and met with microaggressions. She stated there was a consistent insinuation that the Shaker Village residents were not intelligent enough to speak for themselves, yet no one had questioned the more than 150 residents provided with busses to speak in opposition. She asserted the Shaker Village residents had been caught up in politics that had nothing to do with them and urged the Commissioners to address barriers to participation. 6) Nadine Gordon, Shaker Village, Tamarac, discussed comments previously made from the dais in reference to the Shaker Village budget, insurance, and zoning. She stated it was important to set the record straight, and noted the Board was perplexed by personal attacks against them. She asserted the residents of Tamarac should reject rhetoric and come together as a community, as it is in their shared interest to build a more cohesive community and foster unity and understanding. 7) Errol Heron, Tamarac, stated residents had questioned the appropriateness of Vice Mayor Bolton participating in the Shaker Village issue due to his residence in that community. He asserted a more clear conflict of interest was the professional connection between the attorney behind the Shaker Village lawsuit and Mayor Gomez. He discussed emails sent to Mayor Gomez by the attorney and questioned the appropriateness of her engagement in the lawsuit. He asked the Commission to support the Shaker Village project. 8) Barbara Watkins, Woodlands, Tamarac, thanked Mayor Gomez for her assistance, as the lights she had previously complained about are now working. She stated she is Page 3 Minutes November 8, 2023 — Regular Commission Meeting ashamed of the condition on Rock Island, and while she had contacted the management company, she was getting unclear responses as to whose responsibility it was to put the road back in the condition it was in 20 years ago. 9) Janelle Lena, Tamarac, stated she had spoken at the September 13 regarding the responsibility to treat everyone on the Commission with respect regardless of their backgrounds. She asserted the injustices continued, citing examples where residents were allowed to speak directly to some Commissioners and not others. She asked that they strive for a community where everyone's voice is heard and valued. 10) Latoya Boyd, Tamarac, discussed comments made by Commissioner Villalobos regarding property owned by the Shaker Village Homeowners Association. She stated it was crucial to understand that a third party cannot sell a property without settling the outstanding mortgages and liens. She asserted the community was being misled and asked that there be fairness in the treatment of residents of Shaker Village. 11) Dr. Kate Johnson, Mainlands 4, Tamarac, stated the residents of Shaker Village say they want one Tamarac while spewing vitriol and creating division. She asserted Shaker Village owns condominiums, and mortgages and liens are paid at sale, not in advance, so the argument against selling them was a red herring. She stated it was good that a new board was in place at Shaker Village, but those residents should have held their previous board accountable instead of using tax dollars to fix the problem. She argued the issue was not east versus west or about race, but residents did not want their money used for a private community. She discussed fines and liens on the property. 4. CONSENT AGENDA City Manager Sucuoglu requested to pull item 5b from the agenda at the request of the petitioner. Moved by Mayor Gomez; seconded by Commissioner Villalobos to approve the Consent Agenda. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Villalobos, and Commissioner Wright. Voting Against: None. 4.a. Approval of the September 27, 2023, Regular Commission Meeting Minutes. 4.b. Approval of the October 9, 2023, City Commission Workshop Meeting Minutes. 4.c. Approval of the October 11, 2023, Regular Commission Meeting Minutes. 4.d. TR14002 - A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the adoption and implementation of the Job Classification and Compensation Plan prepared by Human Resources Compensation Consultants, Minutes November 8, 2023 — Regular Commission Meeting Page 4 LLC ("HRCC"); providing for conflicts; providing for severability; and providing for an effective date. 4.e. TR14018 - A Resolution of the City Commission of the city of Tamarac, Florida, awarding Bid No. 23-39B to and approving an Agreement with Shenandoah General Construction, LLC for Citywide Stormwater Culvert Cleaning, Inspection, and Repair; authorizing an expenditure from the appropriate accounts not to exceed the approved budget annually, or as may be amended by City Commission, for said purpose; effective upon approval through December 12, 2026; authorizing proper City Officials to execute Contract renewals; providing for conflicts; providing for severability; and providing for an effective date. 4.f. TR14023 - A Resolution of the City Commission of the City of Tamarac, Florida, designating Hydra Service, Inc., as a sole source provider for pumps and appurtenances utilized at sixty-five (65) city wastewater pump stations, and to authorize expenditures for the purchase of pumps and appurtenances from Hydra Service, Inc., for an amount not to exceed the annual budget for said purpose for a period of twenty-four (24) months; authorizing an annual expenditure from the appropriate accounts not to exceed the annual budget for said purpose; providing for conflicts; providing for severability; and providing for an effective date. 4.g. TR13968 - A Resolution of the City Commission of the City of Tamarac, Florida, approving and authorizing the appropriate City Officials to execute the Reinstatement and Second Amendment to the Communications Site Lease Agreement with T-Mobile South LLC, extending the lease term and reducing the annual lease escalation for the cell tower site located at 7801 NW 61st Street in Tamarac, FL; providing for conflicts; providing for scrivener errors providing for severability; and providing for an effective date. 4.h. TR14028 - A Resolution of the City Commission of the City of Tamarac, Florida, adopting revisions to the existing Traffic Calming Policy; providing for conflicts; providing for severability; and providing for an effective date. 5. ORDINANCE(S) — FIRST READING 5.a. TO2544 - An Ordinance of the City Commission of the City of Tamarac, Florida granting a one year extension, nunc pro tune to March 9, 2024, by approval of the first amendment to the amended and restated development agreement, attached hereto as Exhibit "A", between the City of Tamarac, Pulte Home Corporation ("Pulte"), and Woodmont Country Club, Inc., for the development of property located within the Woodmont plat, as recorded in Plat Book 88, page 20, of the public records of Broward County, Florida, , and authorizing the appropriate City Officials to do all things necessary to effectuate the intent of this ordinance; Minutes November 8, 2023 — Regular Commission Meeting Page 5 providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to approve Ordinance T02544 on first reading. There were no presentations and no discussion on the item by the Commission. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Villalobos, and Commissioner Wright. Voting Against: None. k XA Y ia�s� u Item 5b was pulled from the agenda. 6. ORDINANCE(S) — SECOND READING 6.a. T02540 - An Ordinance of the City Commission of the City of Tamarac, Florida, awarding a towing services franchise agreement to D&G Towing & Recovery, LLC through July 31, 2027 including an option to renew for one additional five (5) year period and providing for month to month extensions as required; authorizing the collection of an administrative fee of 25% of the maximum towing rates to cover the City's cost pursuant to the requirements of Section 323.002(4), Florida Statutes; in accordance with the maximum towing rates as established under the Broward County Administrative Code part IX, chapter 40.50; authorizing the appropriate City Officials to execute the agreement providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to adopt Ordinance T02540. Mayor Gomez opened the floor for comments from the public, however there being no one to speak, closed public participation. Mayor Gomez stated she had shared extensive comments at the first reading, and, she hoped that in the future the City would put out bids that were clear. Motion Approved: 4-1. Minutes November 8, 2023 — Regular Commission Meeting Page 6 Voting For: Vice Mayor Bolton, Commissioner Daniel, Commissioner Villalobos, and Commissioner Wright. Voting Against: Mayor Gomez. 6.b. T02539 - An Ordinance of the City Commission of the City of Tamarac, Florida, adopting the Second (2nd) Budget Amendment to the City of Tamarac operating budget, revenues and expenditures, the capital budget, and the financial policies for the Fiscal Year 2023, by increasing the total revenues and expenditures by a total of $4,596,514 as detailed in Attachment "A" attached hereto and summarized in Attachment "B" attached hereto and incorporated herein; providing that the 2nd Amendment is being adopted in the same manner as the original budget and serves as the new adopted budget: providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to adopt Ordinance T02539. Mayor Gomez opened a public hearing. Dr. Kate Johnson, Mainlands 4, asked whether an inability to manage the budget was the reason the amendment was required and asserted each Commissioner has a responsibility to do their due diligence before making unwise decisions. She discussed potential improvements and stated if it truly for public use, people won't mind going down the road for a splashpad. She commented on the estimates for a community center in Sabal Palms and the Initiative Fund. Mayor Gomez closed the public hearing. Vice Mayor Bolton asked staff to identify the departments positively or negatively affected by the budget amendment. Christine Cajuste, Director of Financial Services, reviewed the changes. She stated the General Fund had an increase to legal fees, and most other amendments were non -departmental. Vice Mayor Bolton asked about Ms. Cajuste's background working for other cities, experience with budget amendments, and affiliation with professional organizations. Director of Financial Services Cajuste responded briefly. She explained budget amendments are necessary to ensure all dollars are appropriated and to comply with State regulations. Vice Mayor Bolton asked Assistant City Manager and Community Development Director Maxine Calloway about her experience with budget amendments in other cities she had worked for and about the legalities of the process. Assistant City Manager Calloway stated her experience was consistent with the way the current budget amendment was being processed and was consistent with Florida Statute. Minutes November 8, 2023 — Regular Commission Meeting Page 7 Vice Mayor Bolton asked staff to explain discussions regarding $20,000 at the Commission Workshop held on November 6. Director of Financial Services Cajuste explained the Initiative Fund and travel allowance briefly. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Villalobos, and Commissioner Wright. Voting Against: None. 6.c. T02543 - An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 10 of the City of Tamarac Code of Ordinances, entitled "Land Development Code" amending Article 2, entitled "Zoning Districts" amending Section 10-10-2.7(C), entitled "Woodlands Overlay District", by specifically amending Subsection 10- 2.7 (C)(4) entitled "General Maintenance Standards" to remove certain restrictions on fences; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Moved by Vice Mayor Bolton; seconded by Commissioner Daniel to adopt Ordinance T02543. Mayor Gomez opened a public hearing. Jeffrey Shapiro, 6104 Orchard Tree Lane, stated he spoke as an individual and not as a member of the Master Association in sharing that he believes this to be a positive change. Mayor Gomez closed the public hearing. Motion Approved: 4-1. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, and Commissioner Villalobos. Voting Against: Commissioner Wright. Item 8a was heard prior to item 6d. 6.d. T02488 - An Ordinance of the City Commission of the City of Tamarac, Florida, providing notice of intent to approve a development agreement between Woodlands Club Holdings, LLLP and the City of Tamarac, for the development of a maximum of 335 single family dwelling units, not to exceed 30 ft. in height, located within residential pods, developed at a maximum density of 2.4 dwelling units per gross acre; a new clubhouse and amenity campus, not to exceed 60 ft. In height, located within the recreation pod; and accessory commercial uses incidental to the single family dwelling units; and a minimum of 160 acres of open space, for the development of property known as "the woodlands" bounded by West Commercial Boulevard to the north, Rock Island Road to the east, NW 64 Avenue to the west, and NW 44 Street to the south; as more fully described in the Minutes November 8, 2023 — Regular Commission Meeting Page 8 Development Agreement attached hereto as Exhibit "A"; authorizing the appropriate city officials to do all things necessary to effectuate the intent of this ordinance; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to approve Ordinance TO2488. Mayor Gomez disclosed that should anything which would come up during the item be of benefit to the owners in the Woodlands, she does own two (2) properties within the Woodlands and waives any direct benefit to herself or a family member. Vice Mayor Bolton asked counsel whether a conflict with any item within the presentation would represent a conflict for the entire item and require Mayor Gomez to abstain. City Attorney advised that Mayor Gomez does not have a legal conflict with the item and was offering a voluntary proffer. Attorney Scott Backman, Dunay, Miskel, and Backman, LLP, requested to combine the presentations for Item 6d and Item 9a, as they were related. Discussion ensued, and it was determined Mr. Backman would make both presentations, but Item 9a would not be discussed until the quasi-judicial hearing. Attorney Scott Backman, Dunay, Miskel, and Backman, LLP, was sworn in and made a presentation which is on file in the City Clerk's Office. Mayor Gomez called for a recess at 9:22 p.m. Mayor Gomez called the meeting to order at 9:48 p.m. Mayor Gomez opened a public hearing. 1) William Goffernet, 5106 Bayberry Lane, Tamarac, stated the applicant had made a good presentation, but it did not address how they plan to mitigate the arsenic. City Attorney Ottinot clarified this question should be asked during discussion of the Site Plan. Mr. Goffernet asked whether community development bond would be used, and asked how much the developer was going out of pocket. City Attorney Ottinot explained this was a self -financed development, and the City was not financing the project. 2) Jeffrey Shapiro, 6104 Orchard Tree Lane, Tamarac, asked who Woodlands Development Holdings, LLP was, as 13'h Floor was making the presentation. He inquired as to whether the existing owner, Club Link, had set up the holding company. Minutes November 8, 2023 — Regular Commission Meeting Page 9 3) Patti Fox, Woodlands, Tamarac, voiced her support for 13"' Floor. She stated the way they had been working with the residents and the project is phenomenal. She asserted the project should move forward and help to reestablish the Woodlands. 4) Walt Sawirka, Woodlands, Tamarac, stated he had bought his property with the understanding that the development was coming and had supported 13' Floor since day one. He asserted they are a good builder that has bent over backwards to make the Woodlands and the City a better place. 5) Jim McDaniel, Royal Poinciana Lane, Tamarac, expressed his support for the developer and the redevelopment project. 6) Gail Bouie, Lauderhill, stated she is the President of the Cypress Hollow Homeowners Association west of the project. She explained the residents of her community and the Forest Lake community are vehemently opposed to an entrance to the Woodlands being created on 64't' Avenue to accommodate travel to and from Commercial Boulevard. City Attorney Ottinot clarified this question should be asked during discussion of the Site Plan. 7) Duncan Westrock, Bayberry Lane, Tamarac, stated he was very much in support of the development and thought property values would go through the roof. He asserted it would make the neighborhood look that much better. 8) Wayne Hockron, Mango Circle, Tamarac, noted there are many people opposed to this development, but they are wrong. He stated he wants to see the value of his home go up, so he hopes the Commission will approve the project. He asserted Mayor Gomez is entitled to increase her value when they increase the value of the Woodlands. He stated this is two (2) dead golf courses. 9) Dr. Kate Johnson, Mainlands 4, Tamarac, stated she had nothing against this project. She asserted the requirements being placed on the developers were not good business. She referenced Assistant City Manager Calloway's presentation at the November 6 Commission Workshop and stated the funds for a community center should be used in Sabal Palm, not Shaker Village. She asked who had chosen the charities the developer was to donate to, and asserted special interests were involved and the money could be used differently. 10) Ilene Lieberman Michaelson, 4809 Woodlands Boulevard, advised she agreed with staff that the Development Agreement was the most important part of the proposal, because it was the tool for keeping the developer to its promises. She stated the presentation, Development Agreement, and Site Plan did not match on several subjects, including the pocket parks, exercise stations, Minutes November 8, 2023 — Regular Commission Meeting Page 10 11) Barry Bleidt, 5007 North Travelers Palm Lane, Tamarac, stated when he first heard of the development, he was opposed, but as time went on, he had become strongly in favor. He stated the developer had listened, and he would appreciate a yes vote. 12) Bob Wood, Woodlands, Tamarac, stated 13`h Floor had made the residents very comfortable and would do a fine job. 13) Karen Wood, Woodlands, Tamarac, stated she approves of this development and is excited for it to start. 14) Josh Boudreau, 5712 Coco Palm Drive, Tamarac, expressed his support of the 13t` Floor project. He stated the Woodlands needs a makeover and he will be happy when it gets started. He noted he is also concerned with wildlife and was glad it was being addressed. Mayor Gomez closed the public hearing. Commissioner Wright stated he was not in support of the development. He noted he had met with the applicants and shared some of the issues he heard in the community, and some had been addressed. Vice Mayor Bolton asked that the Commission be sworn in to address the quasi- judicial item, as well, so they do not run afoul of the requirements. City Attorney Ottinot explained that to speak on both items, they would need to introduce Item 9a and give the applicant due process. Discussion continued and the applicant advised that they had no objection to opening both items. The remainder of Item 6d was heard in conjunction with Item 9a. Item 7a was heard following Item 9a. 7. REGULAR AGENDA 7.a. TR14026 - A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to execute a locally funded agreement between the State of Florida Department of Transportation (FDOT) and the City of Tamarac, attached hereto as Exhibit "1", and incorporated herein; to provide financial assistance in the amount of One Hundred Fourteen Thousand Nine Hundred Sixty Four Dollars and no cents ($114,964.00), in connection with FDOT'S construction of an adaptive traffic signal control system and associated upgrades along SR870/Commercial Boulevard from Rock Island Road to SR5/US-1 in Broward County, Florida; Project # FM no. 441944-1-52-01; funded in Fiscal Year 2023/2024; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Minutes November 8, 2023 — Regular Commission Meeting Page it Moved by Commissioner Villalobos; seconded by Mayor Gomez to approve Resolution TR14026 as presented. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. Motion Approved: 4-1. Voting For: Mayor Gomez, Commissioner Daniel, Commissioner Villalobos, and Commissioner Wright. Voting Against: Vice Mayor Bolton. 8. PUBLIC HEARING(S) 8.a. T02541 - An Ordinance of the City Commission of the City of Tamarac, Florida, adopting a large scale local land use plan amendment to the City of Tamarac's Comprehensive Plan Future Land Use Map in accordance with Chapter 163, specifically Section 163.3184 of the Florida State Statutes, for said lands situated, lying, and being in Broward County, Florida, and located at or bounded by west Commercial Boulevard to the north, Rock Island Road to the east, NW 64 Avenue to the.west and NW 44 Street to the south, and more particularly described in the legal description shown in Exhibit "A" attached hereto, to change the future land use designation of approximately 109.93 gross acres of land within the former Woodlands Country Club golf course from "Commercial Recreation" to "Recreation" to facilitate the reservation of land for community recreation and open space and satisfy condition La of Broward County Land Use Plan Amendment PC20-2 to provide consistency with the Broward County Adopted Future Land Use Plan Map in accordance with the intent of the comprehensive plan of the City of Tamarac; (Case No. 3-LUA-23) authorizing transmittal of the large scale land use map amendment to the Department Of Economic Opportunity and the appropriate reviewing agencies and the Broward County Planning Council for review, approval and recertification of the City of Tamarac Future Land Use Map; providing for amendment to the land use plan to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Moved by Mayor Gomez; seconded by Vice Mayor Bolton to approve Ordinance T02541 on first reading. Attorney Scott Backman, Dunay, Miskel, and Backman, LLP, made a presentation which is on file in the City Clerk's Office. Mayor Gomez opened a public hearing. Minutes November 8, 2023 — Regular Commission Meeting Page 12 Ilene Lieberman Michaelson, 4809 Woodlands Boulevard, stated she supports the change to Recreation from Commercial Recreation, as the Land Use Plan Amendment was already approved, and this will restrict uses. Mayor Gomez closed the public hearing. Vice Mayor Bolton asked which pieces of the golf course property were being transitioned. Mr. Backman pointed to the areas on the map that would be Recreation. He noted this was one of many layers of protection being put in place. Vice Mayor Bolton asked about a small section which would remain Commercial Recreation. Mr. Backman explained that piece was not under contract for sale to 13th Floor, remains owned by Club Link, and is not part of any application. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Villalobos, and Commissioner Wright. Voting Against: None. 9. QUASI-JUDICIAL HEARING(S) 9.a. TR14013 - A Resolution of the City Commission of the City of Tamarac, Florida, granting site plan approval (major) with conditions to allow for the development of the subject property, formerly known as the Woodlands Golf Course, to permit the construction of three hundred thirty-five (335) single family homes in nine (9) separate pods for properties located south of W Commercial Boulevard, North of NW 44 Street, East of NW 64 Avenue, and West of Rock Island road, situated on various portions of the former "Woodlands Golf Course", Tamarac, Florida (Case No. 14-SP-19); providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot outlined the City's procedures regarding Quasi -Judicial proceedings. He confirmed the public notice items were met for the items and asked for any ex-parte disclosures. City Clerk Kimberly Dillon swore in those wishing to provide testimony. Mayor Gomez asked the Commission to advise of any ex -party disclosures. Vice Mayor Bolton stated he had met with the representatives of 13m Floor, as well as several members of the public, including Jeffrey Shapiro and Ilene Lieberman Michaelson. Commissioner Daniel stated she had met with 14th Floor representatives and their attorney, as well as a number of residents. Mayor Gomez disclosed that she had met with the applicant, their attorney, and a large number of residents over the course of six (6) years. Commissioner Villalobos stated he had spoken with the applicant and dozens of residents. Commissioner Wright disclosed the same. Minutes November 8, 2023 — Regular Commission Meeting Page 13 Mr. Backman asked that his presentation, including the associated list of experts available, as well as testimony from this evening and the Planning Board meeting be entered into the record for the discussion. Assistant City Manager and Community Development Director Maxine Calloway advised that staff did not have a presentation but wished to enter the previous presentation into the record, along with the staff memorandum and backup materials included in the Commission packet. She provided a list of professional staff available to respond to questions and noted they had been sworn. Mayor Gomez advised that the City of Lauderhill and Winston Grace had registered as affected parties and were not present. City Attorney Ottinot stated a third affected party had submitted their application the previous day and advised that she could be heard and cross-examined. Mr. Backman stated an objection had been filed, as the Code clearly provides for seven (7) days' notice. Ilene Lieberman Michaelson, 4809 Woodlands Boulevard, spoke as an affected party. She advised that the Site Plan and presentation did not match, citing a discrepancy over the number of pods, bicycle lanes, and signage. She provided a photo showing residents unable to get out onto Commercial in the morning due to traffic blocking the intersection and stated the Site Plan needed to show that it would not exacerbate an already unacceptable situation. Mayor Gomez opened the floor to comments from the public. 1) William Goffernet, 5106 Bayberry Lane, Tamarac, stated the applicant had not remediated the arsenic at Manor Park correctly and asked about their remediation plan for this site. He asserted the site was on the Broward County inventory of contaminated sites and buyers should be informed. 2) Jeffrey Shapiro, 6104 Orchard Tree Lane, Tamarac, stated he speaks on behalf of the residents on his street and advised there was a possible situation with the waterway along the back of the homes impacting homes. He asserted this land needed to be stabilized and asked that the agreement be amended to protect the homeowners. 3) Gail Bouie, Lauderhill, stated she is the President of the Cypress Hollow Homeowners Association west of the project. She explained the residents of her community and the Forest Lake community are vehemently opposed to an entrance to the Woodlands being created on 641h Avenue to accommodate travel to and from Commercial Boulevard. She stated they are not opposed to the development, but are concerned with safety, impact on property values, and traffic. Ms. Bouie provided a copy of a petition to the City Clerk. Minutes November 8, 2023 — Regular Commission Meeting Page 14 4) Carlston Gray, Orchard Tree Lane, Tamarac, stated he wanted to make sure the residents are not adversely affected by the development. He noted the plans are very good, but he would like to see expanded views to see how the waterway changes would impact homes on his street. 5) Sandra Hill, Banyon Lane, Tamarac, commented on the arsenic concerns. She stated for the past four (4) years, weeds had not been sprayed and walkers, children, dogs, coyotes, and owls all use the space, so she did not believe it was a big problem in this situation. Mayor Gomez closed the public hearing. Mr. Backman responded to questions and concerns brought up during public comment, including efforts to ensure all of the documents match, the development entities, public outreach, impacts to 64'' Avenue, and northern bank adjacent to homes on Orchard Tree Lane. Attorney Howard Nelson, Bilzin Sumberg, outlined his experience with environmental law and addressed the arsenic question briefly. Commissioner Wright reiterated that he had been against this project due to traffic, arsenic, and other issues. He stated he was here to fight for the needs of his constituents in case the project is approved and asked about improvements adjacent to pod H. Mr. Backman explained the applicant was not intending to modify or improve the north bank adjacent to pod H. Ryan Wheeler, Civil Engineer, Caulfield & Wheeler, provided additional clarification. Commissioner Wright commended the removal of pod E, and stated he was not in support of shifting seven (7) homes to other places in the community. He asserted the two (2) story homes in Pod G were not compatible with the community. He suggested a security detail during construction. He asked for details on the pocket parks, the location of the sales center, construction traffic, and contributions within the agreement. Mr. Backman responded. Commissioner Wright stated it was fair and just for the Woodlands HOA to be included in the contributions. Commissioner Villalobos thanked the developers for going above and beyond in making concessions in response to feedback. He asserted this was a good partnership. He noted he did not agree with Commissioner Wright's comments regarding the relocation of the seven (7) homes and stated he believed there was a market for the two (2) story homes. He commented on arsenic remediation, previous iterations of plans, and annual updates, and added that contributions should go into a fund rather than directly to the HOAs. Minutes November 8, 2023 — Regular Commission Meeting Page 15 Vice Mayor Bolton discussed concerns with traffic, asserting $750,000 was not enough to mitigate issues in District 1, and reviewing areas that would be impacted by diverted traffic. Mr. Backman responded. Vice Mayor Bolton asked about removal of pod E, placement of the additional seven (7) homes and traffic signal relocation. Mr. Backman explained. Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to extend the meeting past 11:30 p.m. to finish the agenda. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Villalobos, and Commissioner Wright. Voting Against: None. Vice Mayor Bolton asked the stacking capacity of the main entrance. Chris Hagen, Traffic Engineer, Kimley Horn and Associates, stated there are approximately 200 feet from the edge of pavement to where the gates would be at the main entrance at Woodlands Boulevard. Vice Mayor Bolton asked whether there would be a staffed guard house. Mr. Backman stated it would not be manned, there would be access with a bar code. Discussion continued regarding the resident entrances. Vice Mayor Bolton inquired as to the locations of model homes, construction traffic, management of coyotes, and location of the basketball court. Mr. Backman and Mr. Nelson responded. Vice Mayor Bolton asked Assistant City Manager and Community Development Director Maxine Calloway how many more police officers the City would need for the additional population created by the development, as well as how many more school buses would be needed and what the impact on the City budget would be. Assistant City Manager Calloway stated she would gather the information and report back. Mr. Backman noted an analysis of the economic benefit to the City had been submitted as part of the preliminary plans, along with capacity assurances received. Vice Mayor Bolton asked about burrowing owls. Mr. Backman responded regarding plans to manage any protected species on the site. Commissioner Daniel stated she did not have a problem with the seven (7) homes being relocated but would prefer to see that first in case there are other impacts. Mr. Backman explained it would be a Site Plan amendment, so it would have to go through the approval process separately. Commissioner Daniel asked about access to the Woodlands from Lauderhill in an emergency. Mr. Backman explained the design of the community was that entrance Minutes November 8, 2023 — Regular Commission Meeting Page 16 would require a barcode, and the only public access would be off Woodlands Boulevard. Discussion continued, and Mayor Gomez provided additional clarification regarding the lack of through roads. Commissioner Daniel asked for clarification on the waterway concern brought up by residents, signage, and rights -of -way. Mr. Backman explained. Mayor Gomez asked for further clarification on availability of rights -of -way. Mr. Backman stated the improvements are being made either on existing City right-of- way or on property which currently is owned by Club Link, and no private property is being taken. Mayor Gomez asked about potential impacts on irrigation in neighboring communities. She expressed appreciation for the removal of pod E and stated she was happy for the applicant to attempt to relocate the seven (7) homes. She asked for clarification on the maximum height of the two (2) story homes. Mr. Backman explained briefly. Mayor Gomez commented on the amenity campus, asked about the cost of bar codes for residents, and reviewed additional items briefly. She noted she had attempted to set a meeting in Lauderhill and had not been successful, and reiterated previous comments that the impact fees should be put into a single fund. Commissioner Wright stated a lot of amendments had been made to the plan between the November 6 Commission Workshop this meeting, and agreed with Commissioner Daniel's comments that she did not want to fix one (1) person's problem by creating a problem with someone else. Moved by Commissioner Wright to table the Site Plan and Development Agreement until such time as the developer submits an amended Development Agreement. Motion failed for lack of a second. Mr. Backman provided additional clarification on the timeline for the project and requested that the item move forward. City Attorney Ottinot clarified, and discussion ensued regarding the procedures. Mayor Gomez called for a recess at 11:51 p.m. Mayor Gomez called the meeting to order at 12:00 a.m. City Attorney Ottinot advised there was a motion on the floor, and moving forward with Commissioner Wright's motion would require that motion be rescinded. Discussion ensued as to the amendments to be made. Mr. Backman reviewed the proposed amendments included in his presentation and noted the parties were not Minutes November 8, 2023 — Regular Commission Meeting Page 17 in agreement on three (3) of the items. He stated all of the changes discussed would be incorporated into the amended agreement. Commissioner Daniel stated that after speaking with Assistant City Manager Calloway during the break and hearing about the time restrictions, she was comfortable moving forward with the Development Agreement as amended with the confirmation that the seven (7) homes moved from pod E go through the Site Plan approval process. Vice Mayor Bolton suggested changes to the allocations in the Development Agreement, as follows: • Reduce Mainlands 6 from $75,000 to $50,000 • Reduce Woodland Place from $75,000 to $25,000 • Reduce Villas Woodland Green from $75,000 to $50,000 • Reduce Shaker Village from $75,000 to $50,000 • Reduce Banyon Lakes from $75,000 to $50,000 • Reduce Bermuda Club from $75,000 to $50,000 • Reduce Chelsea Place from $75,000 to $50,000 • Add Gate Condominium at $10,000 • Add Sabal Palm Village at $15,000 • Place remaining $200,000 in Woodlands Community fund Mayor Gomez stated there are eight (8) HOAs in the Woodlands, and discussed the fees associated with the communities. She advocated for a pool that would allow every home being impacted to benefit. Commissioner Wright asserted it was fair for each of the HOAs in the Woodlands to receive funds, because they would be more affected than those in District 1. Discussion continued related to the impacts and associated contributions within the community. City Attorney Ottinot clarified for the record that these are voluntary proffers made by the developer. Discussion ensued as to how to manage the funds allocated to the Shaker Village community center if that project were not to go through. Vice Mayor Bolton asked Mr. Backman whether the proffers were still voluntary, based on the discussion. Mr. Backman asserted his client had agreed to the funds voluntarily in March, and stated his client did not object to the Commission allocating where the voluntary would go by a majority vote. Vice Mayor Bolton suggested removing $250,000 from the Shaker Village line item 21 b and moving that to the payments being made to the Woodlands HOAs. Minutes November 8, 2023 — Regular Commission Meeting Page 18 Commissioner Daniel stated she disagreed with that suggestion, as the whole point was to get rid of the eyesore in Shaker Village. Commissioner Wright agreed and Vice Mayor Bolton asked that the fund be left as -is. Consensus was to place $925,000 in a pool for future equitable allocation by the Commission between the Woodlands community and the other communities currently listed in the agreement. Vice Mayor Bolton and Commissioner Daniel were opposed. Vice Mayor Bolton advised that he would not be willing to accept an amendment. Moved by Vice Mayor Bolton; seconded by Commissioner Villalobos to approve Ordinance T02488 as presented. (restated motion already on the floor) Motion Fails: 0-5. Voting For: None. Voting Against: Mayor Gomez, Vice Mayor Bolton, Commissioner Daniel, Commissioner Villalobos, and Commissioner Wright. Moved by Commissioner Villalobos; seconded by Mayor Gomez to approve Ordinance T02488 as amended to include all proffers made by the applicant presentation, including the removal of pod E with placement of those seven (7) homes elsewhere on the project subject to approval of a Site Plan amendment, and to include the previous consensus to place $925,000 in a pool for future equitable allocation by the Commission. Motion Approved: 3-2. Voting For: Mayor Gomez, Commissioner Daniel, and Commissioner Villalobos. Voting Against: Vice Mayor Bolton and Commissioner Wright. Mayor Gomez discussed the difficult situation this project had presented over the past several years, and asserted the community needed the development. She asked for patience as the project moves forward. Moved by Commissioner Villalobos; seconded by Mayor Gomez to approve TR14013 as amended, to include the eight (8) staff conditions. Motion Approved: 3-2. Voting For: Mayor Gomez, Commissioner Daniel, and Commissioner Villalobos. Voting Against: Vice Mayor Bolton and Commissioner Wright. 10. OTHER ADJOURNMENT There being nothing further to discuss, Mayor Gomez adjourned the meeting at 12:52 a.m. Minutes November 8, 2023 — Regular Commission Meeting Page 19 Minutes transcribed by Crysta Parkinson, Prototype, Inc. and submitted by Kimberly Dillon, City Clerk. Kimberly Dillon, City Clerk /11 qlgtL;1�1411 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 Regular City Commission Meeting held Wednesday, November 8, 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. 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