Loading...
HomeMy WebLinkAbout2024-01-10 - City Commission Regular Meeting MinutesREGULAR CITY COMMISSION MEETING MINUTES WEDNESDAY, JANUARY 10, 2024 7:00 PM COMMISSION CHAMBERS CALL TO ORDER Mayor Michelle J. Gomez called the Wednesday, January 10, 2024, 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 Morey Wright Jr., Commissioner Marlon D. Bolton, Commissioner Kicia Daniel, 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 Bolton 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. 2023 City of Tamarac Firefighter of the Year Mayor Gomez recognized Driver Engineer Scott Hudanich as Tamarac Firefighter of the Year. Fire Chief Michael Annese shared brief comments. 2.b. Wayne George Linton Day Proclamation Mayor Gomez proclaimed January 10, 2024, as Wayne George Linton Day in recognition of Mr. Linton's contribution to the growth and vibrancy of the City through this work with the Kiwanis. She noted the proclamation was requested by Commissioner Villalobos. Mr. Linton shared brief comments. 2.c. Investment Report — November 2023 City Manager Sucuoglu made a presentation of the City Manager's Report which is on file in the City Clerk's Office. Commission left the dais at 7:14 pm and returned at 7:16 pm 3. PUBLIC PARTICIPATION Mayor Gomez noted the rules for public comment were posted and opened the floor to comments from the public. Minutes January 10, 2024—Regular Commission Meeting Page 2 1) Kathy Horsford, 25 Spinning Wheel Lane, spoke in response to comments at previous meetings that Shaker Village Homeowners Association (HOA) owns five (5) units which could be sold. She explained there are issues which keep the HOA from selling the units and comments had included misinformation. 2) Gregory Renderer, 56 Spinning Wheel Lane, stated the "us versus them" rhetoric among Tamarac taxpayers was disheartening, and inaccurate information regarding Shaker Village continues to be spread online. He asserted he hoped public comments would be supported and dialogue encouraged without fear of being targeted. 3) Patti Lynn, Mainlands 8, Tamarac, shared that she was glad to see a member of Tamarac Fire Rescue being recognized. She commented that Fire Rescue and Broward Sheriff's Office (BSO) had been busy recently, including with a serious accident at West Commercial and 70t' Avenue two (2) weeks ago. She asked that the County be addressed regarding the lights at the intersection. She asked if SeeClickFix would have a phone number to call and leave a message for those unable to use apps. She asserted the Commission's ethics code needed to be strengthened and asked that the matter discussed at the Workshop be reconsidered. City Manager Sucuoglu explained the existing phone numbers will remain in service, and calls from residents are welcome. Mayor Gomez stated the light at West Commercial and 70th Avenue is being examined. 4) Dian Brooks, 19 Spinning Wheel Lane, provided details on three (3) of the five (5) properties owned by Shaker Village HOA and the outstanding expenses associated with each property. 5) Andrea Bacener, 7605 Black Olive Way, expressed concern with cloud formations and chemtrails in South Florida, and health issues associated with blocking sun to slow global warming and other weather manipulation. She sought support for legislation. 6) Gerald Seidel, 4112 Lakeside Drive, asserted that BSO is failing the residents. He shared a story regarding the attitude of the officer responding to a call related to illegal dumping on his property. He asked the Commission to investigate, as he was not treated with respect and professionalism. Mayor Gomez connected Mr. Seidel with BSO Captain Jemeriah Cooper. 7) Corrine Graham, 69 Ann Lee Lane, shared details of a property owned by Shaker Village HOA, including a second mortgage with 18 years of accrued interest, with the statute of limitations was up on the property in February 2026. She advised the property also has outstanding Code Enforcement liens. 8) Tomas Smith, 41 Ann Lee Lane, stated he appreciated the commitment to not having personal attacks from the podium and encouraged all to work to abolish hate, both small and large. He addressed a previous comment from the dais related to the potential for Minutes January 10, 2024 — Regular Commission Meeting Page 3 eminent domain to be levied against the Shaker Village Clubhouse, and stated he hoped it was misinformation, as it would be kicking someone when they are down. 9) Jodi Ann Reid, Shaker Village, Tamarac, asserted that Shaker Village residents were being held to a different standard than other speakers. She stated the residents were organizing, and she did not understand why that was seen as a bad thing until she heard comments suggesting the funds for Shaker Village should go into economic development to bring different people into Tamarac. She commented on the discomfort surrounding inequality. 10) Darcy Schiller, Kings Point, Tamarac, stated the Tamarac City Commission is very diverse, and that is wonderful. She noted the City was hosting a celebration of Reverand Martin Luther King Jr., but nothing said why. She suggested there should have been a contest for young people to share what he meant to them and read a quote from MLK. 11) Dr. Kate Johnson, Mainlands 4, Tamarac, distributed a packet of information on the Shaker Village item to the Commission through the City Clerk. She apologized for previous information incorrectly attributed to a presentation by Assistant City Manager Maxine Calloway and discussed liens on the Shaker Village property. She thanked Tamarac Fire Rescue for their expedient handling of a house fire in her community. 12) Carlene Mitchell, Shaker Village, discussed comments at the last Commission meeting regarding a potential amendment to the allocation of funds for Shaker Village in the 13t` Floor development agreement. She asserted the suggestion seemed contradictory to previous concerns regarding bailing the HOA out and highlights the political nature of the issue. She noted this was not a request from Shaker Village. 13) Benjamin Carroll, 33 Ann Lee Lane, stated he was troubled by comments made at a recent Commission meeting regarding eminent domain. He asserted pursuit of this would be unfair to the residents. He advised it is important to make transparent decisions with the best interest of everyone at heart. 14) Barry Schwartz, 11 Canterbury Lane, discussed the Shaker Village land sale. He stated residents had been accused of teaming up with a Commissioner to push an agenda and had been called names. He asserted Shaker Village residents were being treated differently than others, and the issue had revealed prejudice in the community. 15) Stewart Webster, Versailles Gardens, shared that he had recently had the unfortunate opportunity to witness BSO and the Tamarac Fire Rescue working diligently and efficiently in the community. He stated he had also seen Mayor Gomez and the BSO Sheriff doing what they needed to do, and he saw that we are all lucky to be in Tamarac. 16) Jeffrey Shapiro, Woodlands, stated he had listened to the comments regarding Shaker Village with open ears and an open heart, but felt there were more questions that need to be answered. He commented that four (4) of the five (5) dwellings owned by the Minutes January 10, 2024 — Regular Commission Meeting Page 4 HOA were foreclosed on in 2010, and asserted they should have been liquidated immediately rather than paying carrying costs and allowing losses to accumulate. 17) Roselyn Hanegan, Shaker Village, asserted there was a mortgage crisis and tanked property values in 2010, and responded to previous comments regarding liens in Shaker Village. She commented that because the City is only purchasing the clubhouse, not the entire HOA, there are no liens on the property. She argued the words of some residents are taken for truth while others are questioned. 4. CONSENT AGENDA City Manager Sucuoglu stated he had no changes to the agenda. Moved by Mayor Gomez; seconded by Commissioner Villalobos to approve the Consent Agenda. Motion Approved: 5-0. Voting For: Mayor Gomez, Commissioner Bolton, Commissioner Daniel, Commissioner Villalobos, and Commissioner Wright. Voting Against: None. 4.a. TR14054 — A Resolution of the City Commission of the City of Tamarac, Florida; approving amendment #21 to the agreement between the City of Tamarac and Ronald 1. Book, P.A., for lobbying services, extending the agreement for one year through January 25, 2025, at a cost not to exceed fifty-nine thousand four hundred dollars ($59,400.00) per year; authorizing the appropriate city officials to execute the amendment to the agreement for lobbying services; providing for conflicts; providing for severability; and providing for an effective date. 4.b. TR14055 — A Resolution of the City Commission of the City of Tamarac, Florida; approving amendment #14 to the agreement between the City of Tamarac and The Ferguson Group, LLC, for federal lobbying services, extending the term of the agreement for a one-year period effective February 13, 2024 at a cost not to exceed eighty-five thousand five hundred ($85,500.00) dollars per year; authorizing the appropriate city officials to execute amendment #14 to the agreement; providing for conflicts; providing for severability; and providing for an effective date. 4.c. TR14042 — A Resolution of the City Commission of the City of Tamarac, Florida approving the purchase of Wastewater Lining Services for Wastewater Mainline, Laterals, and Manholes, not to exceed a cumulative amount of $1,000,000.00 for said services; and authorize the appropriate City Officials to select, approve, and award the purchase of said services utilizing competitive procurement methods including, but not limited to, Vortex Services, LLC utilizing City of Tallahassee Contract No. 4523 and JEA Contract No. JEA11200; SAK Construction, LLC, utilizing City of St. Petersburg BPA# 236499; and BLD Services, utilizing City of Minutes January 10, 2024 — Regular Commission Meeting Page 5 Plantation Bid No. 07-21 in an amount not to exceed a cumulative amount of $1,000,000.00 for said purpose; providing for severability; and providing for an effective date. 4.d. TR14047 - A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to approve the purchase of replacement heavy equipment Vac -Con; utilizing Contract 101221-VAC awarded by Sourcewell to Vac -Con, Inc.; authorizing an expenditure in an amount not to exceed $634,628.00; providing for conflicts; providing for severability; and providing for an effective date. 4.e. TR14044 - A Resolution of the City Commission of the City of Tamarac, Florida, awarding Bid No. 23-12R to and approving an Agreement with Southland Painting Corporation for the Water Treatment Plant and Offsite Painting and Coating Project; authorizing an expenditure from the appropriate accounts not to exceed a contract amount of $573,350.00, a contingency of $57,335.00 will be added for a project total not to exceed $630,685.00, for said purpose; providing for conflicts; providing for severability; and providing for an effective date. 4.f. TR14072 - A Resolution of the City Commission of the City of Tamarac, Florida urging the Florida Legislature to identify available funding sources that could be used to create a grant program or low interest loan program or both, for Condominium and Cooperative Associations and economically vulnerable condominium and cooperative unit owners, to defray the costs of deferred maintenance and repairs arising out of milestone inspections and structural integrity reserve studies, urging the Florida Legislature to collaborate with Lending and Financial Institutions to create programs that would provide funding relief to Condominium and Cooperative Associations and economically vulnerable condominium and cooperative unit owners who are specially assessed for the costs of deferred maintenance and structural repairs arising out of milestone inspections and structural integrity reserve studies, urging the Florida Legislature to further amend the law so that Associations other than those operating a Multi -Condominium may determine to provide no reserves or less reserves than required if an alternative funding method has been approved by the Florida division of Florida Condominiums, timeshares, and mobile homes of the Department of Business and Professional Regulation, and providing for distribution and an effective date. 5. REGULAR AGENDA 6. ORDINANCE(S) — FIRST READING 6.a. TO2547 - An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 10, Article 4 of the City of Tamarac Land Development Code, Minutes January 10, 2024—Regular Commission Meeting Page 6 entitled "Development and Design Standards" by amending specific development and design standards for roadways, sidewalks, bicycle paths, drainage, parking, waste water, storm water, potable water, and irrigation systems, consistent with updated engineering standards; modifying dimensions of alleys, parking stalls, and required paved rights of way, to provide for consistency with the City of Tamarac Engineering Design and Processing manual; updating fire emergency access requirements for guard houses with security locking mechanisms; amending the City's right-of-way sign provisions to appropriately identify SR 869/Sawgrass Expressway and clarify the permitted location for the installation of billboard signs and their distance separation from residential property; and modifying the height of numerical building addresses on monument signs to enhance visibility and comply with fire code safety standards; providing for conflicts; providing for severability; providing for codification; and providing for an effective date. City Attorney Ottinot read the title for the record. Moved by Commissioner Bolton; seconded by Commissioner Daniel to approve Ordinance T02547 on first reading. There were no presentations and no discussion on the item by the Commission. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Wright, Commissioner Bolton, Commissioner Daniel, and Commissioner Villalobos. Voting Against: None. 7. PUBLIC HEARING(S) 8. ORDINANCE(S) — SECOND READING 8.a. T02548 - An Ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 2, of the City of Tamarac Code of Ordinances, entitled Administration, specifically, Article IV, Division 3, entitled, "Human Resources," by creating Section 2-252 entitled "Screening of Employees, Appointees, Contractors, and Vendors" for the purpose of establishing criminal history record checks for certain employees, appointees, private contractors, employees of private contractors and vendors in accordance with Section 166.0442, Florida Statutes; 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 Commissioner Bolton; seconded by Vice Mayor Wright to adopt Ordinance T02548. Minutes January 10, 2024 — Regular Commission Meeting Page 7 Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. Commissioner Bolton asked staff when the referenced Statute was last updated. Lorenzo Calhoun, Director of Human Resources, explained briefly. Commissioner Bolton inquired as to how other cities were addressing the issue. Director of Human Resources Calhoun advised that other cities were adopting similar ordinances. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Wright, Commissioner Bolton, Commissioner Daniel, and Commissioner Villalobos. Voting Against: None. 9. QUASI-JUDICIAL HEARING(S) 9.a. TB083 - Board Order approving/denying a Special Exception application to allow for a proposed Restaurant, fast food (with drive -through), use, in an MU-G (Mixed -Use General) zoning district, pursuant to the Table of Allowed Uses, Section 10-3.2, Code of Ordinances located in the Nouveau Quarter — Redevelopment Area on the northeast corner of N University Drive and W Commercial Boulevard at 5600 N University Drive (Raising Cane's). Mayor Gomez advised that items 9a and 9b would be addressed together. City Attorney Ottinot read the titles for the record and outlined the City's procedures regarding Quasi -Judicial proceedings. Mayor Gomez asked the Commission to advise of any ex-parte disclosures. She stated she had spoken with the attorney for the applicant. City Clerk Kimberly Dillon swore in those wishing to provide testimony. Moved by Commissioner Bolton; seconded by Vice Mayor Wright to approve TB083. Attorney Christina Bilenki, Dunay, Miskel, , made a presentation representing the applicant, which is on file in the City Clerk's Office. Mayor Gomez opened the floor to comments from the public. Patti Lynn, Mainlands 8, stated she was concerned with the access on 57I' Street. She noted she was also concerned because the access on University Drive was right next to the bus stop and may create a hazard. Mayor Gomez closed public participation. Minutes January 10, 2024 — Regular Commission Meeting Page 8 Commissioner Villalobos stated this was a great project, but it deviates from what the City has been asking for in the location. He suggested the applicant come back with a restaurant idea rather than fast food. Vice Mayor Wright agreed with Commissioner Villalobos' comments and stated that Raising Cane's did not fit into the high -end, up-market restaurant that the City desires on the major thoroughfare. He noted he shared the concerns voiced about access on 57ffi Street and asked why an entrance was not included on that street. Attorney Bilenki advised that option had been explored. Kristina Belt, Civil Engineer, Kimley-Horn, provided additional clarification on safety considerations. Vice Mayor Wright suggested looking into a plan for overflow parking. Commissioner Daniel stated she was glad to see someone was renovating the property so it would not be vacant. She agreed that she does want a restaurant, but the City needs businesses coming in and she hopes it works out. Discussion continued regarding the existing and planned access points. Commissioner Daniel asked how the bus stop would be addressed if it were a problem. Attorney Bilenki stated the development team could reach out to the County regarding potential relocation, but it was unlikely due to the proximity to the intersection. She noted Florida Department of Transportation (FDOT) had determined the access point was safe. Commissioner Daniel asked for clarification on access through other businesses. Attorney Bilenki advised that was addressed through the cross -access agreement, which is a condition of approval on this application. Commissioner Villalobos commented on traffic issues at other fast-food locations and asserted the bus stop would be a problem. He reiterated his interest in a different proposal for the location. Mayor Gomez asked whether there was a dedicated turn lane or curb cut planned. Attorney Bilenki stated there was not. Mayor Gomez stated she also had concerns with traffic, the bus stop, and visibility due to landscaping. She commented that she understood the desire for up -scale restaurants and noted proximity to other fast-food restaurants. She asked what could be done to address the traffic. Attorney Bilenki advised that they had heard the concerns and would be happy to look at it further and come back with more information. Discussion continued regarding a potential continuance. Vice Mayor Wright asked how long the application had been in process. Assistant City Manager and Community Development Director Maxine Calloway advised it had been approximately one (1) year. Minutes January 10, 2024 —Regular Commission Meeting Page 9 Vice Mayor Wright asked if there were alternatives to tabling the item. Assistant City Manager Calloway explained the conditions briefly and noted additional conditions could be added to move the project forward. Vice Mayor Wright inquired as to whether there were other restaurants interested in the location. Assistant City Manager Calloway stated there were not, and noted the economic development associated with bringing Raising Canes to the location. Vice Mayor Wright stated he would support the application with the addition of conditions on traffic at University Drive and 57ffi Street. Discussion continued. Mayor Gomez suggested a curb cut be explored further. Stephanie Guerra, Traffic Engineer, Kimley-Horn, advised that FDOT had indicated a bus bay or turn lane was not an option because of the 40 feet of right-of-way. Mayor Gomez stated the applicant and City could try to work with Broward County to support moving the bus stop. Assistant City Manager Calloway noted that could be added as a condition. Attorney Bilenki agreed. Mayor Gomez inquired as to whether there were any restrictions on how close another Raising Canes could be located. Attorney Bilenki stated she was not aware of a radius, but there is a current effort to spread out locations. Motion Approved: 4-1. Voting For: Mayor Gomez, Vice Mayor Wright, Commissioner Bolton, and Commissioner Daniel. Voting Against: Commissioner Villalobos 9.b. TR14064 - A resolution of the City Commission of the City of Tamarac, Florida, granting site plan approval (major) with conditions to allow for the demolition of an existing one-story four thousand five hundred forty-five (4,575) square -foot commercial bank building and redevelopment of property for a two thousand nine hundred seventy-eight (2,978) square foot fast food restaurant building, with five hundred forty (540) square -foot outdoor covered patio with two-lane drive through with twenty-five (25) vehicle queuing positions; for the property located at 5600 N University Drive, Tamarac, Florida, (Case No. 4-SP-23); providing for conflicts; providing for severability; and providing for an effective date. Moved by Commissioner Bolton; seconded by Commissioner Villalobos to approve TR14064. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. Commissioner Villalobos commented that he was supportive of the demolition. Motion Approved: 5-0. Minutes January 10, 2024 — Regular Commission Meeting Page 10 Voting For: Mayor Gomez, Vice Mayor Wright, Commissioner Bolton, Commissioner Daniel, and Commissioner Villalobos. Voting Against: None. 10. OTHER ADJOURNMENT There being nothing further to discuss, Mayor Gomez adjourned the meeting at 9:16 p.m. Minutes transcribed by Crysta Parkinson, Prototype, Inc. and submitted by Kimberly Dillon, City Clerk. Kimberly Dillon, City Clerk 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, January 10, 2024. 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.