Loading...
HomeMy WebLinkAbout2024-02-14 - City Commission Regular Meeting MinutesREGULAR CITY COMMISSION MEETING MINUTES WEDNESDAY, FEBRUARY 14, 2024 7:00 PM COMMISSION CHAMBERS CALL TO ORDER Mayor Michelle J. Gomez called the Wednesday, February 14, 2024, City Commission meeting, being held in Commission Chambers, to order at 7:01 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 Kicia Daniel 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. Black History Month Proclamation Mayor Gomez read a proclamation recognizing February as Black History Month and presented it to the Community of Tamarac. 2.b. Investment Report — December 2023 City Manager Sucuoglu made a presentation of the City Manager's Report which is on file in the City Clerk's Office. City Manager Sucuoglu asked that item 6.a. and item 6.c. be continued to the February 28 Commission agenda. Moved by Commissioner Villalobos; seconded by Commissioner Daniel to hear item 6.a. prior to Public Comment. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Wright, Commissioner Bolton, Commissioner Daniel, and Commissioner Villalobos. Voting Against: None. Item 6 a. was heard prior to the remainder of item 2. Minutes February 14, 2024 — Regular Commission Meeting Page 2 City Manager Sucuoglu advised that 6.c. should be continued to the February 28 Commission agenda, as it was not properly noticed for this meeting. Commissioner Bolton asked whether the failure to notice was on the applicant's part or staff s part. Assistant City Manager Calloway stated staff had failed to publish the notice. Discussion continued. 3. PUBLIC PARTICIPATION Mayor Gomez noted the rules for public comment were posted and opened the floor to comments from the public. 1) Esteban Medaglia, 8019 NW 78ffi Street, commented that the extended stay hotel was like deja vu, as it was an issue that keeps coming back. He stated the Commission had voted unanimously to reject the hotel, and nothing has changed, it is still a hotel in his backyard and the backyard of his neighbors. 2) Darcy Schiller, Kings Point, asserted that the City was continuing to deal with the same issues as several years ago. She stated the property at Commercial and 94t' had become the latest nightmare, with the citizens not getting an 11-story apartment building instead of what they want. She suggested a rent -to -own condo community and argued there must have been a problem for the Request for Proposals (RFP) to only receive two (2) proposals. She discussed issues with the Commission and called for change. 3) Marilyn Brown, Woodmont, expressed her appreciation for the Planning Board listening to the homeowners and residents of Woodmont who spoke regarding the extended stay hotels. She stated that Board had not recommended approval and she hoped that the Commission would listen. She asserted that an extended stay hotel would be used as affordable housing. 4) Lisa Charleville, Woodmont, expressed concern that an extended stay hotel would impact the safety of the Woodmont neighborhood. She stated they do not do background checks and people do not know who is staying there. She referenced issues at extended stay hotels in other communities. 5) Claudia McGrath, Woodmont, stated she is opposed to the change of language that would allow an extended stay hotel for the reasons previously listed. She commented that a resident can check the sex offender registry to see who lives in the neighborhood, but the same is not true for guests at a hotel. 6) Dr. Kate Johnson, 4907 NW 48t' Avenue, commented that the Tamarac Village project was a public/private partnership with lofty goals, and the developer had been allowed to back out of part of their contract. She advised that more residential development was not the vision for the parcel. She commented that in reference to extended stay hotels, there was a conflict with Pulte Homes which needs to be looked into, and the Planning Board voted the application down for a reason. Minutes February 14, 2024—Regular Commission Meeting Page 3 7) Ronald Wasserman, Shangri La, stated the applicant for the extended stay hotel made sure the South Florida Business Journal had information about them, and it was laughable they did not show up for this meeting. He asserted the community had dealt with a series of issues related to development projects. He recognized the Tamarac Fire Department for helping a resident with Multiple Sclerosis and the Broward Sheriff's Office (BSO) for recent arrests. He stated the City needs more law enforcement and BSO needs to stop the drag racing. 8) Marcus Dumas, 7316 NW 57th Drive, spoke in opposition to the extended stay hotel amendment. He stated as a father of three (3) he is concerned with safety and traffic. He asserted an extended stay hotel is not a vested interest in the community and discussed other options for the property. He added that the applicant should have sent someone to represent them. 9) Jean Moniz, 7905 NW 83rd Street, stated he was speaking on behalf of his three (3) children, who were sad to hear about the potential for a project to block the nice view in their quiet neighborhood. 10) Jack Benjamin, 8029 NW 78th Street, spoke in opposition to an extended stay hotel. He stated he was against it for all of the reasons he had heard. He noted they have a beautiful community, and he would not want to see it deteriorate with crime and traffic. He asked the Commission to not approve the application. 11) Jeffrey Shapiro, Woodlands, stated he wanted to make it very clear that whoever ends up doing development in the Woodlands community needs to do it with a Community Development District (CDD). He asserted this was for the community's survival, as it gives the homeowners the protections they need for the future. He thanked everyone for being at the meeting on Valentines Day. 12) Viola Watson, 4930 E Sabal Palm, filed her opposition to item 6.a. 13)Joe Manns, 7920 NW 81St Street, stated he was against item 6.a., as the City does not need another Extended Stay America. He read selected reviews from the extended stay hotel on Commercial Boulevard and stated if they want to build something on the parcel, they should consider a nice restaurant. 14) Audrey Steadman, 8008 NW 95th Lane, spoke on item 6.c. as a representative of HUB International Church. She stated she supported approval of a zoning change to allow the church to build a permanent location and reviewed a list of church initiatives in the community. She noted the church had utilized a community center for five (5) years. 15) Mario Sarmiento, 8004 NW 78th Street, stated he agreed with the previous residents and is against an extended stay hotel. He commented on the safety of the community and asked that the Commission vote no. Minutes February 14, 2024—Regular Commission Meeting Page 4 16) Tatsiana Kandratsenka, 7908 NW 83rd Street, shared that she had lived in Woodmont for 20 years and has never considered moving somewhere else. She stated she loves the view, the neighbors, and the safety for her children. She asserted she did not want a hotel or strangers wandering around her neighborhood so that she had to worry about her children playing outside. 17) Jasmine Lewis, 8009 NW 78 h Street, stated she was against anything that had to do with an extended stay hotel. She noted she had stayed at an extended stay hotel, and it would not be good for the community. She discussed the safety of Woodmont and asked the Commission to vote against the amendment. 18) Regis Frasier, 8013 NW 78d' Street, spoke in opposition to the construction of an extended stay hotel or zoning change. He stated as a parent with young children in Woodmont, he is deeply concerned about the potential negative impacts of these developments. He asserted that extended stay hotels attract undesirable activities. He added that he felt misled by Pulte Homes regarding changes to the community and commented that residents should be better informed. 19) Stewart Webster, Versailles Gardens, stated it was his opinion that the Shaker Village project would not benefit the community. He invited all concerned to take a step back and look at a larger solution. He stated the City already has an underutilized community center with a wonderful staff which could easily be expanded. He discussed the potential for an architecturally beautiful project on Commercial Boulevard and suggested looking overseas for design ideas. Moved by Mayor Gomez; seconded by Commissioner Bolton to hear item 6.a. prior to the Consent Agenda. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Wright, Commissioner Bolton, Commissioner Daniel, and Commissioner Villalobos. Voting Against: None. 4. CONSENT AGENDA Commissioner Bolton asked that item 4.e. be pulled from the Consent Agenda. Moved by Mayor Gomez; seconded by Commissioner Villalobos to approve the Consent Agenda as amended. Motion Approved: 5-0. Voting For: Mayor Gomez, Commissioner Bolton, Commissioner Daniel, Commissioner Villalobos, and Commissioner Wright. Voting Against: None. 4.a. Approval of the January 8, 2024, City Commission Workshop Minutes. 4.b. Approval of the January 10, 2024, City Commission Regular Meeting Minutes. Minutes February 14, 2024— Regular Commission Meeting Page 5 4.c. TR14053 — A Resolution of the City Commission of the City of Tamarac, Florida; approving the City of Tamarac 2024 Federal Legislative Agenda; directing the City Clerk to transmit a copy Of the City of Tamarac 2024 Federal Legislative Agenda to the National League of Cities, the U.S. Senators from Florida, Florida Congressional Delegation and the Broward County Board of County Commissioners; providing for conflicts; providing for severability; and providing for an effective date. 4.d. TR14075 - A Resolution of the City Commission of the City of Tamarac, Florida, approving and authorizing annual fiscal year expenditures of up to $131,131.72 for equipment purchases and payments for service contracts from/to Stryker Medical Corporation which is a sole source authorized provider of Stryker power load systems and Lucas Chest Compression units utilized on all rescue vehicles, effective upon passage of this Resolution through September 2024. Authorizing the appropriate City Officials to approve renewal options; approving additional new purchases from Stryker Medical Corporations up to a total of $65,000 in accordance with the Tamarac Procurement Code during the current fiscal year 2024; providing for conflicts; providing for severability; and providing for an effective date. 4.e. TR14078 - A Resolution of the City Commission of the City of Tamarac, Florida, awarding REP 23-37R to EU International LLC; and approving an Agreement of Purchase and Sale of Real Property to EU International LLC to sell f3.47-acres of Tamarac Village city -owned vacant land located at Commercial Boulevard and NW 91st Avenue for $5.2 Million to construct a mixed -use restaurant, retail, and multi -family project with structured parking; and authorizing the City Manager and City Attorney to take all necessary action to effectuate the disposition; 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 Resolution TR14078. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. Mayor Gomez noted there had been a presentation and extensive discussion of the item at the February 12 Commission Workshop. Commissioner Bolton asserted news outlets had reported this project did not have the commercial square footage promised to residents in 2007. Assistant City Manager Calloway explained what had been approved as part of the commercial lease agreement. Minutes February 14, 2024—Regular Commission Meeting Page 6 Commissioner Bolton asked if there were any changes to the brought forward between the Workshop and Regular Meeting. Assistant City Manager Calloway advised that an email had been forwarded to the Commission with a revised offer to include a total of 53,000 square feet of commercial and a total of 358 residential units, with an additional $1 million payment which would come after the first Certificate of Occupancy is issued. Commissioner Bolton asked whether the City had conducted an independent traffic study of Commercial Boulevard recently. Assistant City Manager Calloway stated they had not, but every application would be subject to a traffic analysis based on the intensity and density proposed. Commissioner Bolton asked whether staff had spoken with the developer about the potential to scale the project back. Assistant City Manager Calloway advised they had not. Ekrem Uzman, Founder of EU International stated that with the addition of commercial square footage, the proposed building had been increased to 12 floors to accommodate the additional parking required. Discussion ensued regarding the Commission rules and procedures. Commissioner Bolton asked staff whether it was their opinion that new residential development was necessary to make commercial development viable in the City. Assistant City Manager Calloway stated the data shows there is a need for affordable housing and market rate housing in Broward County to respond to a growing population. Discussion continued. Vice Mayor Wright commented that the property was appraised at $5.4 million, and the offer was for $5.2 million. He stated he had an issue with the size of the project and apprehension regarding the owner management. He asserted what was promised to residents was commercial, and this sale was hasty. City Manager Sucuoglu emphasized that the City of Tamarac has a sizeable number of shopping plazas with space currently available for restaurants and other establishments as desired by the community, but those units are not being filled and occupied. He added that projects such as this one bring a different level of development to the community. Commissioner Villalobos referenced an email from Tamarac Post and requested a detailing of the records obtained for that reporting. Commissioner Daniel asked Vice Mayor Wright to clarify his concerns regarding the property management. Vice Mayor Wright stated the EU International website says they are an owner manager, and he did not see that they had the skill set of a commercial developer. Mr. Uzman advised that he is a licensed professional engineer and general Minutes February 14, 2024 — Regular Commission Meeting Page 7 contractor and is not a property manager. He discussed his experience in development throughout the country, as well as his other businesses. Vice Mayor Wright shared that the concern is that the previous developer had experience as well and had difficulty bringing commercial to Tamarac Village. Mr. Uzman explained they were not proposing residential only or commercial only, but a habitat that feeds each other. He stated he was very comfortable with filling the commercial space and discussed the mix of businesses. Vice Mayor Wright stated he appreciates the developer coming to the City, but he wants to make sure the residents get what was promised. He advised that he needed more time due to his apprehension. [Developer Name] Mr. Uzman discussed plans for the commercial development to be cohesive with existing amenities for a living environment. Commissioner Daniel asked how the developer could guarantee that there would be businesses in the development. [Developer Name] Mr. Uzman responded briefly, noting that the developer needs to fill the spaces as much as the City wants them to. He discussed potential tenants briefly. Commissioner Daniel stated existing plaza spaces had been empty and not kept to standards. She asked how the City can fight for more commercial when what they can control looks the same, and how they can ensure that in six (6) months the plazas look different. City Manager Sucuoglu stated the City had provided a grant up to $250,000 for fixing up shopping plazas, but the plazas are privately owned and have long-term tenants that stay for lack of a more modern place to move, so the plaza owner does not have incentive to improve. Commission Daniel stated she was worried about bringing in new development without fixing the old and added ,that the strategy seemed like the easy way out. City Manager Sucuoglu commented that the City needs all kinds of businesses, and pointed out there is only so much the City can do in reference to private properties. He discussed increased Code Enforcement. Discussion continued. Vice Mayor Wright agreed the City needs the things City Manager Sucuoglu referenced, but the people and aesthetics of the neighboring community should also be considered. He stated retail should be the focus. City Manager Sucuoglu highlighted the City's longtime efforts to properly develop this property. He discussed past opportunities and pointed out this most recent solicitation had been nationwide. He noted the lack of parking for attending events at the amphitheater and stated the additional parking proposed was to accommodate that traffic. Mayor Gomez asked staff to address phasing of Tamarac Village. Economic Development Manager Lori Funderwhite reviewed the phases and stated the third Minutes February 14, 2024—Regular Commission Meeting Page 8 phase had been intended for commercial development. She discussed the Request for Proposals (RFP) process and marketing and noted there were two (2) responses. Mayor Gomez asked how many plaza owners had accepted the grant assistance the City had made available. Economic Development Manager Funderwhite advised that two (2) applications had been approved, one (1) application is pending, and two (2) plazas are on hold due to hesitation on the part of the owners to invest. Mayor Gomez asked Assistant City Manager Calloway to explain the process for Tamarac Village and the evolution of that development. Assistant City Manager Calloway provided a brief overview of the lease arrangement and subsequent termination, as well as the feasibility analysis for commercial development. Mayor Gomez asked whether this proposal provided an opportunity to give the residents what they asked for, including a place to eat, work, play, and live in an active location that would invigorate the City and keep taxes low. Assistant City Manager Calloway confirmed that it did. Mayor Gomez asked if the contract requires the buyer to build retail and commercial space. Assistant City Manager Calloway stated this was enumerated in the purchase and sale agreement, and that would be further amplified through development agreement were it to go forward. Discussion continued regarding mixed -use development in other municipalities, as well as plazas for sale, under new ownership, or facing difficulties. Mayor Gomez noted the applicant had committed to bringing in national retail, and stated the could also be included in the contract if the application moves forward. She advised that some of the concerns raised were site plan matters and would be addressed by staff. She expressed appreciation for the changes between the Workshop and the Regular Meeting and noted the original offer was on the table. Commissioner Bolton asked staff to repeat the reasons the lease agreement with JKM was terminated. Assistant City Manager Calloway explained the lease agreement briefly. She stated JKM had brought forward options for a school and a dining hall which were not approved, then provided notice under the lease terms of alternate plans and the Commission had voted to terminate. Commissioner Bolton reiterated that residents do not want residential on the site and discussed concerns with the amount of parking projected. Commissioner Bolton asked whether JKM was given the opportunity to provide mixed -use. Assistant City Manager Calloway confirmed that staff met with JKM to ask them to consider that option. Mayor Gomez asked whether this proposal satisfies the promises made regarding Tamarac Village. Assistant City Manager Calloway advised the proposal includes Minutes February 14, 2024—Regular Commission Meeting Page 9 the same square footage of commercial development and provides the highest and best use for the parcel. Mayor Gomez stated the project would be a feather in the cap of Tamarac, and the Commission would be extremely proud to say they had approved it. Motion Failed: 4-1. Voting For: Mayor Gomez. Voting Against: Vice Mayor Wright, Commissioner Bolton, Commissioner Daniel, and Commissioner Villalobos. 4.f. TR14086 - A Resolution of the City Commission of the City of Tamarac, Florida, amending the adopted spending plan for the State and Local Fiscal Recovery Funds (SLFRF) totaling $897,007 allocated to the Housing Division of the Community Development Department as a part of the American Rescue Plan Act (ARPA); authorizing the City Manager or appropriate City Officials to execute documents necessary to initiate the implementation process; providing for conflicts; providing for severability; and providing an effective date. 4.g. TR14084 - A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to award BID #24-02RP, titled "Sports Officiating Services" to, and execute agreements with, Eagle Eye Officiating, LLC as the primary contractor; and with SuperSports of Broward County, INC. as the secondary contractor, for a period of two (2) years with three (3) additional one- year renewal options; providing for the extension and renewal of the agreements or approval of assignments and other amendments to the agreements providing for conflicts; providing for severability; and providing for an effective date. 4.h. TR14088 - A Resolution of the City Commission of the City of Tamarac, Florida, approving and authorizing the purchase of one (1) new Ford F150 Crew Cab Pick- up from Duval Ford utilizing Florida Sheriff Associations Contract No. FSA23- VEL32/FSA 23VEH21 Heavy Equipment and Trucks in an amount not to exceed $43,843.25; ratifying the past administratively approved purchase of a Fire - Rescue vehicle from Duval Ford in the amount of $39,595.40 for a total aggregate expenditure of $83,438.65; authorizing the City Manager to approve new purchases from Duval Ford up to a total of $65,000.00 in accordance with Tamarac Procurement Code; providing for conflicts; providing for severability; and providing for an effective date. 5. REGULAR AGENDA 5.a. TR14080 - A Resolution of the City Commission of the City of Tamarac, Florida, awarding and approving an agreement between the City of Tamarac and TD Bank, N.A. as the City's depository and provider of banking and Treasury Management Services to the City of Tamarac effective upon award and execution Minutes February 14, 2024—Regular Commission Meeting Page 10 of the Agreement through December 31, 2028 with the option to renew the agreement for up to one (1) additional five (5) year term and expenditure of appropriated funds by the City Manager or appropriate City Officials; providing for conflicts; providing for scrivener errors, providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. oved by Commissioner Bolton; seconded by Commissioner Villalobos to adopt Resolution TR14080. 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. 5.b. TR14087 - A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the City Manager and City Attorney to extend the due diligence period from March 25, 2024 to December 31, 2024 relating to the Shaker Village Clubhouse purchase contract in substantially the same form as exhibit "a" attached hereto; authorizing the City Manager and the City Attorney to take all necessary actions to effectuate the extension; 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 Commissioner Villalobos to adopt Resolution TR14087. Mayor Gomez opened the floor to comments from the public. Dr. Kate Johnson, 4907 NW 48th Avenue, stated the current due diligence period has had multiple extensions already and this year -long extension was previously denied. She asked what has been done to investigate alternatives and asserted Shaker Village could sell the property and negotiate with the developer to repair their drainage issues as has done in previous sales. She stated the due diligence period should be allowed to expire and the issue revisited if and when the legal issues are resolved. Mark Goggin, 4903 NW 26th Way, stated this process had been long enough and the agreement should be allowed to expire, as it was a waste of City money. He referenced the State requirement for a Condominium Association (COA) to build reserves and asserted funds in excess of the drainage repair cost should not be spent. He asked how the insurance money from Hurricane Irma was used. Mayor Gomez closed public participation. Minutes February 14, 2024—Regular Commission Meeting Page 11 Commissioner Villalobos stated he had spoken to Shaker Village COA on January 30 and their situation is dire due to past mismanagement and rising insurance costs due to drainage issues. He stated he was not supportive of extending the contract but would support assistance through a grant. He advised that the three (3) other communities benefiting from the road should contribute to the drainage project and asserted the COA Board was amenable to a park in place of a community center. Vice Mayor Wright commented that last time the Commission had extended this contract, he asked staff to explore alternatives for getting rid of the eyesore at Shaker Village. He asked the result of that exploration. City Attorney Ottinot provided a brief overview of imminent domain under State law. Vice Mayor Wright asked for an update on the pending lawsuit related to Shaker Village, and on the reason for the extension request. City Attorney Ottinot advised that the extension request was made by the attorney for Shaker Village COA. He stated there is a hearing scheduled for April 10, 2024, and the parties will have a right to appeal whatever decision is reached. He discussed the timeline briefly. Vice Mayor Wright asked staff about the potential for a grant for the Shaker Village project and how it would benefit the taxpayers. City Manager Sucuoglu explained the City was still in the competitive process for a grant. He explained the grant would relieve the existing funds allocated for the purchase. Vice Mayor Wright asked if minor changes to the contract could be made to exempt 6 Ann Lee Lane from receiving any sort of payout. City Attorney Ottinot stated he could negotiate an amendment, but both parties would have to agree. Commissioner Bolton stated if it is possible to insert an exemption, he would like to use the same language that Mayor Gomez had used for the Woodlands project. Assistant City Manager Calloway stated the development agreement in the Woodlands includes payment to residents for improvements, and Mayor Gomez had advised that she would not accept payment. Mayor Gomez clarified that she does not own property subject to a purchase and sale agreement with the City and had nothing to do with negotiation of the contract. Commissioner Bolton advised that he would not accept any benefit as it relates to 6 Ann Lee Lane. Commissioner Villalobos stated the insurance money from Hurricane Irma previously referenced had been previously utilized. He argued the contract should be amended to remove the requirement to build. Mayor Gomez stated eminent domain does not clear title issues. City Attorney Ottinot advised that his experience was that any encumbrances would be cleared. Mayor Gomez disagreed. Minutes February 14, 2024 — Regular Commission Meeting Page 12 Mayor Gomez inquired as to whether counsel had met with Shaker Village COA to discuss the option of using developer funds to take care of the property themselves and keep the City out. She noted she and the Vice Mayor had asked that other options be explored. City Attorney Ottinot stated he had spoken with COA counsel with respect to eminent domain. Mayor Gomez asserted that there were genuine issues as to material facts, as well as issues with the title which additional time would not remedy. She stated the unit owners had agreed to the clubhouse as a common element in 1986, and owners had since been paying for insurance and maintenance on the property. She asked what made this repair more important than the repairs necessary in other communities and argued that the only way to remedy ethical issues related to the project was to start anew with true negotiations to legally and properly help the community. Commissioner Daniel stated she voted for the purchase because she wanted a community center. She asserted it was in the court's hands and they should give the court time to decide and lock in the price rather than letting it double again. Motion Approved: 3-2. Voting For: Vice Mayor Wright, Commissioner Bolton, and Commissioner Daniel. Voting Against: Mayor Gomez and Commissioner Villalobos. Item 6. a. was heard following Item 2. b. 6. ORDINANCE(S) — FIRST READING 6.a. T02546 - An Ordinance of the City Commission of the City of Tamarac, Florida amending Chapter 10, Article 3, Section 10-3.2, entitled "Table of Allowed Uses", of the City of Tamarac Land Development Code, specifically Table 10- 3.1: Allowed Uses, establishing an "Extended Stay Hotel" use type within certain zoning districts under the lodging use category for commercial uses; and amending Chapter 10, Article 3, Section 10-3.3 entitled "Use -Specific Standards", to create a section entitled "Extended Stay Hotel" to provide for specific use standards and requirements governing "Extended Stay Hotels"; and amending Chapter 10, Article 6, Section 10-6.2, entitled "Use Categories and Use Types Defined", specifically Section 10-6.2(C)(4), entitled "Lodging" to provide for a definition of extended stay hotel; 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 Villalobos; seconded by Mayor Gomez to move the item for discussion. Assistant City Manager Maxine Calloway advised that staff was requesting to continue item 6.a. to the February 28 agenda at the request of the applicant. Minutes February 14, 2024—RegularCommission Meeting Page 13 Mayor Gomez asked what would happen if the Commission chose not to continue the item. Assistant City Manager Calloway stated she believed that would be a disservice, as the applicant had made the formal request and was not present to make an application. Commissioner Daniel commented that there was public present to speak to the item. Assistant City Manager Calloway stated that public comment could be entertained. Discussion continued regarding due process. City Attorney Ottinot asserted there were no due process concerns with a legislative item such as a text amendment, and the Commission had a right to review. Assistant City Manager Calloway advised that the item was not staff initiated. She stated it was initiated by an applicant who paid a fee and filed an application, and it was her opinion that there was a standard for due process. Mayor Gomez asked when the request to continue the item was made. Assistant City Manager Calloway stated the request was received on February 13. Commissioner Villalobos stated the Commission had a responsibility to both the applicant and the residents, and both should be heard. Commissioner Daniel commented that based on the advice of the City Attorney, the Commission has a right to vote at this meeting. She suggested that due process may mean refunding the fee. City Attorney Ottinot reiterated that whether to hear the application was at the discretion of the Commission. Mayor Gomez stated that while she believes in the process and the Commission should hear both sides, it is also the applicant's responsibility to attend the meeting to see if their request was granted. She asked whether the City had advised the applicant that it would be removed from the agenda. Assistant City Manager Calloway stated the applicant was advised that the request would be made. She noted that the request to the Commission was historically a formality. Mayor Gomez pointed out the item was an ordinance on first reading and would not have had a public hearing. Discussion continued. Commissioner Daniel asserted that if deferring the item was not within the discretion of the Commission, there would be no reason to bring the item forward. Mayor Gomez commented that a change to the ordinance may need to be considered during strategic planning. Moved by Commissioner Bolton; seconded by Commissioner Villalobos to defer item 6.a. to the February 28 meeting. Motion Failed: 3-2. Minutes February 14, 2024 — Regular Commission Meeting Page 14 Voting For: Mayor Gomez and Commissioner Villalobos. Voting Against: Vice Mayor Wright, Commissioner Bolton, and Commissioner Daniel. Moved by Commissioner Villalobos; seconded by Commissioner Bolton to return 6.a. to the agenda as written. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Wright, Commissioner Bolton, Commissioner Daniel, and Commissioner Villalobos. Voting Against: None. Mayor Gomez called for a recess at 8:28 p.m. Mayor Gomez called the meeting to order at 8: 45 p. m. The remainder of Item 6. a. was heard following item 3. There were no presentations and no further discussion on the item by the Commission. Moved by Commissioner Bolton; seconded by Vice Mayor Wright to approve T02546. Motion Failed: 5-0. Voting For: None. Voting Against: Mayor Gomez, Vice Mayor Wright, Commissioner Bolton, Commissioner Daniel, and Commissioner Villalobos. 6.b. T02550 - An Ordinance of the City Commission of the City of Tamarac, Florida; amending Chapter 2, "Administration", Article 1 "In General", of the City of Tamarac Code of Ordinances by amending Section 2-3, "City Holidays" to include Patriot Day as a City -paid employee holiday; 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 Commissioner Villalobos to approve Ordinance T02550 on first reading. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. Commissioner Bolton stated the events of September 11, 2001, were horrific, but so were the events at Marjory Stoneman Douglas High School on February 14, 2018. He advised that he did not think the City should be taking the fiscal dive of taking the entire day off. He asked the fiscal impact of this ordinance. Human Resources Director Lorenzo Calhoun advised that the recurring fiscal impact was approximately $216,000. Minutes February 14, 2024—Regular Commission Meeting Page 15 Commissioner Villalobos asserted it was not a matter of being fiscally responsible. He noted the City does get a return on supporting its employees. He stated every day is a tragedy, but this is a national and international issue. Vice Mayor Wright commented on his memories of September 11 and the fact that the country would never forget. He noted there is a push to make the day a Federal holiday, and pointed out that Tamarac had made Juneteenth a holiday the year before it was made Federal. He stated Tamarac was a pioneer and he is in favor. Commissioner Bolton stated it is a great fiscal impact to pay employees to be off work and not getting productivity for the dollar. He added that he was not trying to quantify tragedy, but make sure the City is stable. Mayor Gomez asked staff for further comment on the impact of the current recognition of the day. Human Resources Director Calhoun advised that he was not aware of how many employees already take the day off to commemorate the tragedy, and noted there is a subset of firefighters that go to New York for events. Commissioner Daniel expressed concern that tragedies are not normally celebrated. She stated these are days for kindness and remembering, but she is not comfortable, as first responders would still be working. Human Resources Director Calhoun advised that he could not speak to Broward Sheriffs Office, but Tamarac Fire Rescue employees working on a paid holiday would be given a day off in lieu or paid for the holiday. Discussion continued. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Wright, Commissioner Bolton, Commissioner Daniel, and Commissioner Villalobos. Voting Against: None. 6.c. T02551 - An Ordinance of the City Commission of the City of Tamarac, Florida amending Chapter 10, Article 3, Section 10-3.2, entitled "Table of Allowed Uses", of the City of Tamarac Land Development Code, specifically Table 10- 3.1: allowed uses, establishing "Religious Assembly" use in the (BP) Business Park zoning district; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. Assistant City Manager Maxine Calloway advised that staff had requested to continue item 6.c. to the February 28 agenda to allow for proper notice. 7. ORDINANCE(S) — SECOND READING 7.a. T02533 - An Ordinance of the City Commission of the City of Tamarac, Florida amending Chapter 10, Article 6, entitled "Rules of Construction and Definitions", by specifically amending Section 10-6.2 entitled "Use Categories and Use Types Defined" of the City of Tamarac Code of Ordinances, by amending the definition of "Auto Towing" and the definition of "Auto Wrecking and Salvage Yard" to be Minutes February 14, 2024 — Regular Commission Meeting Page 16 consistent with 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. He advised that an opinion from the Attorney General stating the City did not have authority to extend the time before a towing company could sell a vehicle was attached, as requested. Moved by Commissioner Villalobos; seconded by Commissioner Bolton to adopt Ordinance T02533. Mayor Gomez opened the floor to comments from the public, however there being no one to speak, closed public participation. Mayor Gomez stated that while the City had gotten an opinion from the Attorney General, she believed it was incomplete, and the City could be more restrictive than State law. She asserted that if the City cares about its residents, they should give them more time to avoid a bad situation being made worse. Motion Approved: 3-2. Voting For: Commissioner Bolton, Commissioner Daniel, and Commissioner Villalobos. Voting Against: Mayor Gomez and Vice Mayor Wright. 8. PUBLIC HEARING(S) 8.a. TR14083 - A Resolution of the City Commission of the City of Tamarac, Florida, approving the special extended hours permit for La Taberna Nightclub located at 5303 North State Road 7, Tamarac, Florida, allowing alcohol sales and consumption on -premises only from 2:00 a.m. to 4:00 a.m. on Thursdays, Fridays, and Saturdays, in accordance with Section 3-4 of the City of Tamarac Code of Ordinances; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Ottinot read the title for the record. Mayor Gomez opened a public hearing on the item. Jeffrey Shapiro, Woodlands, commented that the nightclub was very close to a number of communities and roads, and the hours would promote becoming heavily intoxicated and causing accidents. Dr. Kate Johnson, 4907 NW 48 h Avenue, stated nothing good happens at 4 a.m. Mayor Gomez closed the public hearing. Moved by Commissioner Villalobos; seconded by Vice Mayor Wright to adopt Resolution TR14087. Vice Mayor Wright asked if there had been any incidents at this address. BSO Captain Jemeriah Cooper advised that an analysis had been conducted of records Minutes February 14, 2024—RegularCommission Meeting Page 17 from July 2023 to January 2024, and there were only seven (7) incidents, including two (2) disturbances, none of which were serious. He stated there were no DUIs. Mayor Gomez asked staff to confirm that an application to be open from 2 a.m. to 4 a.m. was approved in 2020. Assistant City Manager Calloway confirmed a special exception was granted in 2016, and the hours were extended in 2020. She explained the extension was for one (1) year and then the applicant has to reapply. Mayor Gomez asked whether the operation had been open until 4 a.m. for three (3) years without approval of the Commission. Diana Cruz, applicant and co-owner, advised that the bar has closed at 2 a.m. since 2021. She advised that they had not applied during the years when business was slow. She noted it had picked up, and people were asking for the 4 a.m. closing. She pointed out the extension would also allow for more hours for employees. Discussion continued. Vice Mayor Wright stated he had stopped at another bar, and the owner told him that in the club business, most of the money is made between 2 a.m. and 4 a.m. He noted other bars open until 4 a.m. and asserted that as the City becomes younger and more diverse, residents will want more night life. Mayor Gomez commented that while she likes to support small businesses, she does not see a business argument for the extension. Commissioner Bolton asked for clarification on calls BSO had received. Captain Cooper reviewed the analysis of the seven (7) calls of service briefly. He noted the times ranged from 8:40 p.m. to 1:11 a.m. Commissioner Bolton asked the capacity of the establishment. Ms. Cruz advised that the capacity was 72. Discussion continued regarding the number of people in the establishment during the busiest times. Commissioner Villalobos inquired as to what happens if there are issues at the nightclub. Assistant City Manager Calloway advised that staff can monitor the business and provide a report, and the Commission can revoke the permit. Commissioner Daniel stated she understands there is a need. She wished the business success and asked them to keep safe and not allow people to drive drunk. Cooper briefly discussed the "park, walk, and talk" initiative of BSO Sheriff Gregory Tony which ensures officers are meeting with business owners. City Manager Sucuoglu added additional details on monitoring of local businesses. Commissioner Bolton stated he did not think the application was the right fit for the corridor. Motion Failed: 3-2. Minutes February 14, 2024—Regular Commission Meeting Page 18 Voting For: Vice Mayor Wright and Commissioner Daniel. Voting Against: Mayor Gomez, Commissioner Bolton, and Commissioner Villalobos. 9. QUASI-JUDICIAL HEARING(S) 10. OTHER ADJOURNMENT There being nothing further to discuss, Mayor Gomez adjourned the meeting at 11:22 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, February 14, 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. mo C( ) PUBLIC PARTICIPATION SIGN-UP SHEET REGULAR CITY COMMISSION MEETING Date: '' c�(`Z-�1 ��► o t PLEASE PRINT FULL NAME * ADDRESS * PHONE NO. PRINT NAME ADDRESS PHONE ITEM# == S �C/3 R.e/ /% 6DAG L► ,Ate A S C Lil, 3 Lo saw-- ft/k2W .2 ►� b 7 'A—t �1� �) I-WiW �o 7�Si PUBLIC PARTICIPATION a SIGN-UP SHEET --7 REGULAR CITY COMMISSION MEETING Date: f7j::�64uI412.1 PLEASE PRINT FULL NAME * ADDRESS * PHONE NO. PRINT NAME ADDRESS PHONE ITEM# i c" C e rta w1cf,_rcx_c 30 ra (o/0 V 0 rc.ApvA TRH LAOe rzp e I PUBLIC PARTICIPATION SIGN-UP SHEET REGULAR CITY COMMISSION MEETING Date:.�u,�?y PLEASE PRINT FULL NAME * ADDRESS * PHONE NO. PRINT NAME ADDRESS PHONE ITEM# 151�iZ21 ff Uc-. m o 1 qo 4uz � ��b N� 5 2 c-T �s�� PUBLIC PARTICIPATION (2� SIGN-UP SHEET REGULAR CITY COMMISSION MEETING Date: / PLEASE PRINT FULL NAME * ADDRESS * PHONE NO. PRINT NAME ADDRESS PHONE ITEM# o I o . 7r7JcN