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HomeMy WebLinkAbout2024-02-28 - City Commission Regular Meeting MinutesREGULAR CITY COMMISSION MEETING MINUTES WEDNESDAY, FEBRUARY 28, 2024 9:30 AM COMMISSION CHAMBERS CALL TO ORDER Mayor Michelle J. Gomez called the Wednesday, February 28, 2024, City Commission meeting, being held in Commission Chambers, to order at 9:34 a.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 Mayor Michelle J. Gomez led the Pledge of Allegiance and moment of silence in recognition of Public Services employee Ron Klein. 1. CITY ATTORNEY REPORT City Attorney Ottinot had no report. 2. CITY MANAGER REPORT City Manager Sucuoglu made a presentation of the City Manager's Report which is on file in the City Clerk's Office. 2.a. Black History Month Honorees Presentation Mayor Gomez read proclamations from the members of Commission; each recognized a member of the community in honor of Black History Month: District 1 — Ms. Audrey Nelson District 2 — Dr. John V. Williams District 3 — Mr. Davian Silvera District 4 — Dr. Norman Ajiboye Mayor Gomez — Fire Chief Percey Sayles City Manager Sucuoglu asked that item 6.a. be moved to 8.a., as a public hearing is required for the ordinance. Minutes February 28, 2024 — Regular Commission Meeting 3. PUBLIC PARTICIPATION Page 2 Mayor Gomez noted the rules for public comment were posted and opened the floor to comments from the public. 1) Melodi Willis, Tamarac, spoke regarding the League of Women Voters gun safety program. She discussed gun violence statistics and asked the City to participate in the organization's buy-back program. She highlighted the availability of gun locks through the League of Women Voters. 2) Patti Lynn, Mainlands 8, shared appreciation for the Black History Month presentation, noting there are a lot of movers and shakers in Tamarac. She stated something still needs to be done about parking on the street, pointing out vehicles impede the now of traffic at all hours. She referenced employees in leadership positions leaving the City and stated there is probably stress because of the conflict on the Commission. She suggested a change in City Attorney may be needed. 3) Darcy Schiller, Kings Point, stated a lot of construction is being done on side streets, and asked that residents be informed. She discussed issues with the Commission not being unified in communication. 4) Stewart Webster, Versailles Gardens, stated he had come to celebrate the Black History Month recipients. He stated Tamarac is an awesome place and he has learned much. He challenged the Commissioners to come together and have a conversation with a member of staff regarding respect for the office of the Mayor and the office of the Commissioners. He asserted he is continually shocked by interruptions. 4. CONSENT AGENDA Moved by Commissioner Villalobos; seconded by Vice Mayor Wright 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. TR14043 - A Resolution of the City Commission of the City of Tamarac, Florida, awarding bid No. 23-35R for Citywide Tree Trimming Services; based on established contract fixed unit prices; to and approving agreements with Green Dreams Paradise, Corporation ("Green Dreams") as the primary contractor and EDJ Tree Services, LLC ("EDJ") as the secondary contractor; authorizing annual expenditures not to exceed the annual budgeted amount of $353,000.00 and as may be amended by the City Commission; authorizing the appropriate city officials to execute contract renewals, including annual price escalation/de-escalation, per RFP No. 23-35R; for the remainder of the FY 2024 funding in the amount of $124,275.00 is available; an appropriation not to exceed $68,375.00 will be Minutes February 28, 2024 — Regular Commission Meeting Page 3 required in FY 2024 to be included in a future budget amendment pursuant to F.S. 166.241(8); providing for conflicts; providing for severability; and providing for an effective date 4.b. TR14081— A Resolution of the City Commission of the City of Tamarac, Florida, approving and authorizing the purchase of a valve exerciser machine and trailer from E.H. Wachs Utility Products, utilizing competitive procurement methods in a total amount not to exceed $84,725.00; authorizing an expenditure in said amount from the appropriate account; providing for conflicts; providing for severability; and providing for an effective date. 4.c. TR14082 — A Resolution of the City Commission of the City of Tamarac, Florida, approving Amendment Number 3 to the Agreement with Prolime Corporation for Lime Sludge Removal, Hauling and Disposal Services; authorizing the appropriate City Officials to execute said amendment extending the agreement through January 14, 2026 for an increased rate of $39.90 per Cubic Yard (CY); authorizing an expenditure of funds for an amount not to exceed the approved annual budget, or as may be amended by City Commission for said purpose; authorizing proper city officials to execute contract renewals; providing for conflicts; providing for severability; and providing for an effective date. 5. REGULAR AGENDA 5.a. TR14022 - A Resolution of the City Commission of the City of Tamarac, Florida approving and authorizing the deviation from Section 2-76 of the City of Tamarac Code of Ordinances entitled "Lien Reduction and Abatement Procedures", specifically Section 2-76 (4) (e), to review for consideration relief to reduce the lien accrual amounts on the property located at 3100-3224 West Commercial Blvd and 3102 NW 50 Street, owned by YDB Three Lakes; providing for conflicts; providing for severability; and providing an effective date City Attorney Ottinot read the title for the record. Moved by Commissioner Villalobos; seconded by Vice Mayor Wright to adopt Resolution TR14022. Mayor Gomez opened a public hearing on the item, however there being no one to speak, she closed the public hearing. Adam Anderson, Property Manager, Three Lakes Plaza, advised that he was called in from New York to address issues the City had with Three Lakes Plaza. He provided brief background on the situation and the fines accrued and advised that private security had been hired. He discussed issues with tenants and tenant properties. He shared a presentation outlining proposed improvements to the plaza, Minutes February 28, 2024 — Regular Commission Meeting Page 4 which is on file in the City Clerk's Office, and asked that the City reduce the liens on the condition the improvements are made. Commissioner Daniel asked how long the plaza had been out of compliance. Assistant City Manager and Community Development Director Maxine Calloway advised that the issue had been going on for quite some time. She noted there are no current violations, though there are open permits. She stated the first settlement was offered in 2018, and She explained there are 12 Code Compliance liens and 21 Building Department liens, all of which have since been complied with. Assistant City Manager Calloway advised that Mr. Anderson had been invited to present to the Commission because if the Special Magistrate has ordered foreclosure, the City Administration can no longer negotiate and settle the liens. Commissioner Daniel asked when the property had come into compliance. Mr. Anderson stated it had been brought into compliance in order to make a settlement offer in 2018. He commented that the process had taken years. Commissioner Daniel asked what assurances the City would have that the plaza would be renovated as promised, and what recourse the City would have. Assistant City Manager Calloway explained that a settlement agreement would be entered into with the property owner. She advised the presentation could be attached to the agreement with a time certain. Discussion continued. City Attorney Ottinot advised that in the case of a settlement agreement, he would work with City Manager Sucuoglu and Assistant City Manager Calloway to ensure compliance. He noted the liens would remain. Commissioner Bolton stated he was glad to see efforts to try to fix the plaza. He expressed concern that there is not a fixed plan, as there is not a budget associated with the proposal. Mr. Anderson stated he could have a complete plan in 30 days. Commissioner Bolton stated there should also be a maintenance plan in place. He asked whether there were plans to sell the property. Mr. Anderson responded absolutely not. Commissioner Bolton asked that there be a conditioned precedent that the property could not be sold within a specific amount of time. Commissioner Bolton noted he had been monitoring the property for some time and had heard there were offers of renovation, including from Wawa. Mr. Anderson advised that he has letters of interest from Wawa, Starbucks, and Citibank. Commissioner Villalobos asked staff whether the applicant's assertion that he had spent close to $300,000 in permits was correct. Assistant City Manager Calloway stated she would verify the accuracy. Mr. Anderson clarified that he had spent $300,000 to close the violations. Minutes February 28, 2024— Regular Commission Meeting Page 5 Commissioner Villalobos asked whether the plaza was eligible for the grant program. Assistant City Manager Calloway advised that there was a requirement that there be no violations on the property, so at the time their application was considered, they did not qualify. Commissioner Villalobos inquired as to plans for the interiors of the units. Mr. Anderson stated improvements would be made to the seven (7) vacant units, but rented units were not under his purview. Commissioner Villalobos stated he thought Wawa was not a good fit for the location. He commented that he would not support the $100,000 proffer due to the severity of the issue. He agreed with previous comments as to a time restriction. Discussion continued regarding the timeline. Commissioner Villalobos noted he was not supportive of a long-term requirement that the property not be sold, but he could agree to two (2) or three (3) years. He stated he would recommend a requirement that renovation take place within six (6) months, including the interior of vacant units, that there not be a Wawa, and that the full amount of the liens be due should the applicant not comply. Commissioner Bolton clarified his previous comments regarding a restriction on sale of the property and stated a period of one (1) to three (3) years should be considered. He asked whether there were funds available for the improvements. Mr. Anderson advised that the ownership group had the funding. Commissioner Bolton stated he did not want to see the cost of the repairs passed on to the tenants. Mr. Anderson commented that he was willing to agree that a capital gain cannot be passed on. City Attorney Ottinot advised that the City could not direct the relationship between landlord and tenant, but would not object to voluntary agreement. Mayor Gomez commented that maintenance costs are passed on to tenants all the time, and an improved plaza would result in more business. She asserted this settlement discussion had been going on for six (6) years. Mayor Gomez advised the site was an eyesore, and something should have been done long ago. She stated she does not have a heart for the $100,000 offer, noting a resident had recently been required to pay 15 percent and the plaza owners should have the same requirements. Mayor Gomez suggested a creative solution be negotiated. She stated the reduced lien amount of $586,728 should remain and a payment arrangement put in place, with the Commission having control over future reductions. She suggested Mr. Anderson may be eligible to apply for the fagade program in the future. Mayor Gomez asked staff how the Commission should proceed if they wanted staff to negotiate a more reasonable agreement. Assistant City Manager Calloway Minutes February 28, 2024 — Regular Commission Meeting Page 6 advised that staff was not currently in negotiations. She stated the applicant had offered $100,000 and staff had deemed $586,728 as the number most appropriate. Discussion continued. Moved by Mayor Gomez; seconded by Commissioner Villalobos to table Resolution TR14022 and direct staff to negotiate a settlement agreement. Motion Approved: 4-1. Voting For: Mayor Gomez, Vice Mayor Wright, Commissioner Bolton, Commissioner Daniel, and Commissioner Villalobos. Voting Against: Commissioner Bolton. Mayor Gomez called for a recess at 11:15 a.m. Mayor Gomez called the meeting to order at 11:30 a.m. Commissioner Bolton returned to the dais at 11:33 a.m. 6. ORDINANCE(S) — FIRST READING 7. ORDINANCE(S) — SECOND READING 7.a. 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 Daniel; seconded by Commissioner Villalobos to adopt Ordinance T02550. Mayor Gomez opened a public hearing on the item. Dr. Kate Johnson, Mainlands 4, commented on memories from September 11, 2001, and the trauma associated with it. She stated a way to make sure young people remember and honor the tragedy is through Patriots Day. She asked the Commission to support the ordinance. Mayor Gomez closed the public hearing. There was no presentation and no Commission discussion on the item. Motion Approved: 5-0. Voting For: Mayor Gomez, Vice Mayor Wright, Commissioner Bolton, Commissioner Daniel, and Commissioner Villalobos. Voting Against: None. Minutes February 28, 2024 — Regular Commission Meeting 8. PUBLIC HEARING(S) Page 7 8.a. 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. City Attorney Ottinot read the title for the record. Moved by Commissioner Bolton; seconded by Commissioner Villalobos to approve ordinance T02551 on first reading. Mayor Gomez opened a public hearing on the item. Dr. Kate Johnson, Mainlands 4, stated she had read the staff report and report from the Planning Board on the Holy United Believers Church (HUB) request for a variance for their property on Knob Hill Road, and had spoken with a church representative, who was transparent and answered her questions. She asserted Community Christian Church had been carved out of the same business park and discussed the contribution of a house of worship to the community. Pastor Jarryl Robinson, Tamarac, spoke in support of the HUB. He stated church organizations benefit the economy of a community in a variety of ways and are an attractive component for those considering moving to an area. He discussed programming of the HUB, including mental health, health literacy, partnering with food banks to distribute healthy food and other goods, and after school tutoring and computer literacy programs. Alonzo Steadman, Tamarac, stated he is a member of HUB International and discussed the benefits of the church in the community. He commented that the church provides jobs, stability, psychological and medical health opportunities. He stated the church wishes to work within the community and help. Audrey Steadman, Tamarac, spoke in support of the zoning request for the HUB. She discussed programs of the church, including a back -to -school drive in collaboration with local elementary schools, resume and dress for success training, food distribution, social activities, and more. She added that the organization is committed to making a difference and contributing to a strong, vibrant community. Paul Dean, Port St. Lucie, stated he has the privilege of working with HUB International. He commented that the HUB is not a normal church, it is a center for development of the community and a place where lives are impacted and discussed youth programming. He asserted that in exchange for the $70,000 the City is losing in tax revenue, it receives extensive benefits. Minutes February 28, 2024 — Regular Commission Meeting Page 8 Viola Watson, 4930 Sabal Palm Boulevard, stated she is happy to see that a church is focused on doing good things in the community, but her concern is that they purchased the property without taking into consideration the zoning or disclosing their plans to the City. She stated that if they waive the zoning, others will want the same, and there is limited commercial property available in the City. Dawn Swanker, 880 SW 96`h Lane, shared her experience moving from Jamaica to the U.S. and getting involved with the HUB. She highlighted mentorship programs at the church and commented on the growth she has experienced since joining. Patti Lynn, Mainlands 8, stated the church and its programs sound wonderful, as is the concentration on youth and families. She asserted a church can go in a lot of places in the City, but businesses are limited in available locations. She commented that a church is not a building, but a spirit and a place, and they can go anywhere and still be their church. Tina Williams, HUB member, asserted the youth are the future, and if people only consider businesses and expansion, they are not thinking about the youth. She stated the HUB has helped her to grow into the woman she is. She shared a brief overview of her background and the ways the church has helped her. Gwendolyn James, Ft. Myers, shared her experience with HUB International and the impact on her daughter's life and health. She stated because of the church she still has a daughter and asked the Commission to support the church's request. Seymour (no last name given), Hub International, commented on the presentations in recognition of Black History Month at the beginning of the meeting and Dr. Norman Ajiboye's recognition that he would not be where he was without God. He discussed the risk children face and stated HUB International will change the outcomes of Tamarac's children. Mayor Gomez closed the public hearing. Michael Merino, attorney for HUB International, made a presentation which is on file in the City Clerk's Office. Maxine Calloway, Assistant City Manager and Director of Community Development, made a presentation which is on file in the City Clerk's Office. Commissioner Daniel stated she was baffled, because during the Strategic Planning session, the message was that anything could be made commercial if that is the desire of the Commission, and other areas should be found for commercial use. She asserted 37 churches could not accommodate 70,000 residents. Commissioner Bolton asked for clarification on which zoning districts in the City allow houses of worship by right. Assistant City Manager Calloway shared a zoning map and reviewed the applicable districts. Minutes February 28, 2024 — Regular Commission Meeting Page 9 Commissioner Bolton inquired as to whether the text amendment would make houses of worship permissible by right or permissible by special exception, and asked staff to define the terms. Assistant City Manager Calloway stated it would be permissible by right and advised that there would be no public hearing and business tax receipts are at no cost. She stated if interior renovations were necessary, the applicant would file a building permit. Commissioner Bolton asked if there was a text amendment the Commission could adopt that would make a house of worship permissible by special exception. Assistant City Manager Calloway stated that could be problematic, as Federal law states requirements cannot be more stringent than on other assembly uses. Commissioner Bolton asserted that if he had not been fighting for churches, there would not be any churches in Tamarac's plazas, and stated what churches bring to the community cannot be quantified. He argued there is less traffic in a commercial district, making it better suited for a church. Vice Mayor Wright noted the presentation showed the City's industrial parks are 98 percent occupied, which means a church can't move into another industrial park because there are no properties available. Assistant City Manager Calloway advised that would only apply until a property becomes available, like this property had when the church purchased it in 2023. Vice Mayor Wright inquired as to how much the property had been purchased for and where the church was previously located. Mr. Merino stated the building had been purchased for $4.5 million, and the church started in the Community Center. Vice Mayor Wright asked if the church had been aware when they purchased the property that it was not zoned for religious use. Mr. Merino stated he was not involved in the acquisition of the property, but it was his understanding that there were conversations and they presumed there was precedent for a zoning change. He discussed the reference in the Code to non-residential districts to include Vice Mayor Wright asked about the demographic makeup of the HUB. Mr. Merino stated he did not have specific details, but it is a lot of Tamarac young residents. Vice Mayor Wright asked why the church had selected Tamarac instead of Sunrise or Lauderhill. Mr. Merino advised that this is where they started, and Tamarac is their home. He commented on the availability of appropriate buildings with enough square footage, parking, and in a central location. Vice Mayor Wright stated he understood the district was a job creator, and hearing the vision of the church, they are about development of young people. He asserted that part of elected leadership is having the vision to put things together to help the community. He stated he thought the church at this building was a great fit. Minutes February 28, 2024 — Regular Commission Meeting Page 10 Commissioner Villalobos asked whether this ordinance meant any property could be purchased and made into religious institutions. Assistant City Manager Calloway advised this would apply to property in the commercial zoning district. Commissioner Villalobos asked whether a special exception could be made for this church, followed by a moratorium. City Attorney Ottinot advised that the business before the Commission at this time was the application being heard, but with respect to the future, staff could be directed to review the issues raised. Mr. Merino explained that staff had advised the applicant the way forward was through an establishment of use, and they would not have followed this path if they had known a special exception was an opportunity. Assistant City Manager Calloway advised that a special exception would not be a viable option for this applicant, as the use is not permissible in the zoning district. Discussion continued. Commissioner Daniel stated this application had shown her more than ever before that Commissioners are needed to make these decisions. She referenced the Bethlehem Junior Academy and stated zoning had been changed for that application and noted speakers at a recent training the Commission had attended had highlighted synergies like this as a positive. She stated this application fits perfectly with what they were trained to do. Mayor Gomez advised that reliance on presumptions was an issue and stated the HUB had moved into the property knowing the rules and regulations of the City and had not followed them. She commented that now, the argument is about a church rather than about the City's rules and regulations. She stated the people involved are all wonderful, but this can't be about guilt. Mayor Gomez stated the loss of tax revenue and increase in service needs will be costs the residents will have to bear. She commented that it is not about religious institutions or what the HUB has provided for its members, but about the location. She explained the City had gone through years of community meetings with the businesses and residents, and as a result, they had committed to the business park being what it is. Mayor Gomez asserted the City has been talking about wanting to grow and integrate technology, and utilizing commercial space for other uses means there is less space for that. She noted hotel was denied in a residential community because it does not fit, and the same would happen if there was a request for industrial in other areas of the City. She stated it was stressful to be put in this position because someone had operated their church for a year in opposition to City's rules, while also telling the City how much they care about it. Commissioner Bolton asked staff how many readings this item would have. Assistant Manager Calloway explained a change to the table of allowed uses requires two (2) readings and two (2) public hearings. Minutes February 28, 2024 — Regular Commission Meeting Page 11 Mayor Gomez commented that her position was not personal, and she thinks what HUB International does is great. She stated she simply thinks the work should not be done in this location. She added that in trying to do the best they can for the residents, sometimes difficult decisions have to be made. Motion Approved: 4-1. Voting For: Vice Mayor Wright, Commissioner Bolton, Commissioner Daniel, and Commissioner Villalobos. Voting Against: Mayor Gomez 8.b. Motion to Reconsider TR14083 Special Extended Hours Permit for La Taberna Nightclub 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 Moved by Commissioner Bolton; seconded by Vice Mayor Wright to reconsider Resolution TR14083. Commissioner Bolton stated he had requested the Motion to Reconsider because he had spoken with the business owner following the meeting and realized that he needed to take her situation into consideration. Motion Passed: 4-1 Voting For: Voting For: Mayor Gomez, Vice Mayor Wright, Commissioner Bolton, Commissioner Daniel, and Commissioner Villalobos: Voting Against: Mayor Gomez. City Attorney Ottinot read the title for the record. Moved by Commissioner Bolton; seconded by Vice Mayor Wright to approve Resolution TR14083. Commissioner Bolton commented that he felt he had made a mistake, and the business should have the opportunity to operate until 4 a.m. He noted he still had public safety reservations and asked that Broward Sheriffs Office let the Commission know about any issues. Commissioner Villalobos commented on the published hours of another business and asserted if they allowed 4 a.m., the party would extend beyond that time. Diana Cruz, applicant and co-owner, stated she understands that her business depends on following the law, and she wants to keep working. Minutes February 28, 2024— Regular Commission Meeting Page 12 Commissioner Villalobos asked if other businesses could apply for a permit to be open past 2 a.m. City Attorney Ottinot advised that they could apply. Commissioner Daniel stated the applicant has already proven herself based on how the business has operated in the past, and comparing her business to others is not fair. She noted that she wants the business to be successful. Vice Mayor Wright advised that he had voted in support of the extended hours because of other clubs that are open those hours. He stated in visiting another club he had learned that they make the bulk of their money between 2 a.m. and 4 a.m. Mayor Gomez stated she was glad this business was doing well, but she did not believe the extended hours fit the vision she has for Tamarac. She noted she did not think this business owner should be judged by the actions of another business. Commissioner Villalobos clarified that he was not trying to compare the business to others, he just wanted to voice his concerns. Motion Passed: 4-1 Voting For: Voting For: Vice Mayor Wright, Commissioner Bolton, Commissioner Daniel, and Commissioner Villalobos. Voting Against: Mayor Gomez. 9. QUASI-JUDICIAL HEARING(S) 10. OTHER ADJOURNMENT There being nothing further to discuss, Mayor Gomez adjourned the meeting at 1:42 p.m. Minutes transcribed by Crysta Parkinson, Prototype, Inc. and submitted by Kimberly Dillon, City Clerk. Kimberly Dillon, City Clerk O Michelle J. Gomez, Mayor Minutes February 28, 2024 — Regular Commission Meeting Page 13 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 28, 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.