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HomeMy WebLinkAbout2018-03-12 - City Commission Workshop Meeting MinutesCITY OF TAMARAC CITY COMMISSION WORKSHOP _ MONDAY, MARCH 12, 2018 CALL TO ORDER: Mayor Harry Dressler called the Workshop of the City Commission to order at 9:37 a.m. on Monday, March 12, 2018 in Conference Room 105, City Hall, 7525 NW 881h Avenue, Tamarac, FL 33321. ROLL CALL: Mayor Harry Dressler, Vice Mayor Michelle J. Gomez (via phone) Commissioner Marlon Bolton and Commissioner Debra Placko were in attendance. ABSENT: Commissioner Julie Fishman Also in attendance were City Manager Michael Cernech, City Attorney Samuel S. Goren and City Clerk Patricia Teufel. PLEDGE OF ALLEGIANCE: Mayor Dressler led the Pledge of Allegiance Mayor Dressler moved out of order to make a statement. The Mayor made a reference to the mayoral political cycle elections taking place on November of the current year that are about to begin. He said he and his wife Faith sat and discussed what is the best decision to make regarding their family in the next several years, as he is involved in numerous businesses and they also have grandchildren he would like to spend more time with. The Mayor said that while he was in public service for 12 plus years, he is very proud of the accomplishments achieved and the priority now is and should be, to spend more time working with his wife and their grandchildren, ages 11 and 6. Mayor Dressler said he was honored to be elected several times by the wonderful people of Tamarac, serving the last years as Mayor and he is proud to have worked with the residents, community groups, professional staff and the employees of the City government. He said working together as a team has transformed Tamarac into One Tamarac, with a harmonious melding of various groups such like age groups, cultures and perspectives. Mayor Dressler said as the result of the family decision he is announcing his retirement from public life effective the end of his current term November 2018 and will not be a candidate for re-election as Mayor for the City of Tamarac. He said that until that time he will continue to conduct himself as Mayor as he always had, with honesty, integrity and when possible with a sense of humor. 1. TR13074 - Reimbursement Resolution: Item No. 6 (d) on the Consent Agenda. (TR13074) A Resolution of The City Commission of The City of Tamarac, Florida establishing its intent to reimburse certain capital expenditures incurred in connection with the acquisition, construction, reconstruction and equipping of various capital improvements within the city, including without limitation, a fire station, a park, and multiple sound walls, with proceeds of a future tax-exempt financing; providing certain other matters in connection therewith; and providing an effective date. Financial Services Director Mark Mason appeared and gave a presentation, a copy of which is on file in the City Clerk's Office. Mayor Dressler opened the floor for discussion and having none, thanked Director Mason for the presentation. Page 1 of 4 COMMISSION WORKSHOP MEETING March 12, 2018 2. TR13076 - Web Streaming System Upgrade: Item No. 6 (b) on the Consent Agenda. (TR13076) A Resolution of the City Commission of the City of Tamarac, Florida, approving the upgrade of the Web Streaming Systems from Swagit Productions, LLC. _ the sole source provider of the equipment and service; authorizing an expenditure for an amount not to exceed $87,210; authorizing budget amendments for proper accounting purposes; providing for conflicts; providing for severability; and providing for an effective date. Information Technology Director Levent Sucuoglu appeared and gave a presentation, a copy of which is on file in the City Clerk's Office. Mayor Dressler opened the floor for discussion. Director Sucuoglu went over the benefits for the update and responded to questions related to number of followers, terms of the contract and types of meetings to be streamed. Having no further discussion, Mayor Dressler thanked Mr. Sucuoglu for his presentation. 3. TR13075 - Zoning in Progress Request — New or Expanded Church and Places of Worship, Assembly, Auditorium or Uses Similar: Item No. 6 (c) on the Consent Agenda. (TR13075) A Resolution of the City Commission of the City of Tamarac, Florida, confirming and ratifying the City Manager's Administrative Order dated February 20, 2018, attached hereto as Exhibit 1" and incorporated herein, declaring Zoning in Progress and prohibiting the acceptance of applications for administrative review, land development permits, and building permits for the use of land for new or expanded church and places of worship, assembly, auditorium and similar uses within the City of Tamarac, in accordance with Chapter 24, Article II, Division 6, Section 24-91 of the City of Tamarac Code of Ordinances; authorizing and directing the City Manager to undertake study and review of the City's regulations relating to the number and locations of uses that involve churches and places of worship, assembly, auditorium and similar uses in the City of Tamarac; providing that upon the adoption of this Resolution confirming the prohibition of accepting administrative review, land development permits, and building permits for the use of land for new or expanded church and places of worship, assembly, auditorium and similar uses, no permits shall be issued for any use that involves land for new or expanded church and places of worship, assembly, auditorium and similar uses during the time period covered by this Resolution; providing for conflicts; providing for severability; and providing for an effective date. Community Development Director Maxine Calloway appeared and gave a presentation which is on file at the City Clerk's Office. Mayor Dressler opened the floor for discussion. Vice Mayor Gomez expressed support for the process. Commissioner Placko asked about the number of applications and Ms. Calloway responded that no applications were received. Commissioner Bolton said he received an e-mail after attending the agenda review with the City Manager. He asked City Manager Cernech if there are some organizations pending and Mr. Cernech responded no. Commissioner Bolton said he did not know there was a Zoning in Progress and responded the Church may continue to do what they want until the City put together new legislation. He continued to say the Church said there is an executive order signed by the City Manager and they cannot move forward. Commissioner Bolton said that there is a pending item and clarified he does not know the Pastor personally but agreed it is unfair as people are trying to get their business in. He continued to say churches are an important part of the fabric of the City and the Community. Commissioner Bolton said for the record that the moratorium for some of the uses is not Page 2 of 4 COMMISSION WORKSHOP MEETING March 12, 2018 fair to churches and places of worship and asked to do a study to find is there are any pending organizations that would be affected by the zoning in progress. Mayor Dressler asked for clarification regarding pending applications and Director Calloway affirmed there were no pending applications when the zoning in progress was issued by the City Manager on February 20, 2018. City Attorney Goren stated for the record that it is an administrative act authorized by the Code of the City which is implemented by the City Manager under his authority under the City Charter. Mayor Dressler said recommendations for zoning in progress for the City has not happened in 40 years and are long overdue. He asked questions regarding the consultant hired and the input received from the consultant and regulations governing the businesses and institutions being discussed. Director Calloway responded it was reported to the City Commission at the presentation of Module 2 of the Land Use Re- write on 2017, which the consultant drafted based on best practices. Director Calloway responded to questions regarding inconsistencies and the decision to bring in a consultant and added that what is being proposed is consistent with best practices and also consistent with Federal Law. City Attorney Goren referred to the proposed item and talked about a Federal Statute, RLUPA or Religious Land Use And Institutionalized Persons Act, which is a Federal Statute that has significant protection for religious organizations with regards to zoning, land use, platting, site plan, etc. to the exclusion of others, in the context of the protections. He continued to say it is understood that the consultant engaged by the City is also engaged in the context of making sure that the statute is complied with, is fulfilled and respected in the context to the obligations of the City. City Attorney Goren added that the actual ZIP proposal signed by the Manager made a reference to Federal Statutes and Federal Law recognizing the City, even if it hid a zoning option that would be best for itself, cannot run afoul of the Federal Statute and asked for the record to be clear and unequivocal about the fact the City shall not, will not, cannot and will not while he is on his seat do so in the context of violating a Federal Statute. He discussed the extent he will yield to the direction of the Commission and the outside Consultant, adding that people and institutions have certain rights that should not be tread upon and if they are, he will instruct the City Commission properly and concluded it is not the intention of the City to run afoul of the Federal Statute. City Commissioners continued discussion related to how the process was handled, pending applications and how long the City has been working with the public and noticed publicly. Director Calloway affirmed this has been an open process and there are no requirements under the Code to give notice, but Public Meeting Notices were posted. Vice Mayor Gomez said the intent is to help the City as a whole and not a specific organization. Commissioner Bolton commented that the moratorium applied now is a direct attack on the Church. Mayor Dressler said the process is legally proper and referred to Commissioner Bolton's comments as inflammatory, wrong and not well - intended. He continued to say the City has professionals making recommendations to Page 3 of 4 COMMISSION WORKSHOP MEETING March 12, 2018 the City Commission and there may be people that do not agree but that is democracy unless there is a legal challenge. Mayor Dressler said the City is not attacking the Church and deals with more than one religious denomination in the City. The City has _ Home Rule and Commissioner Bolton's comment is out of order. City Attorney Goren informed the Commission that the Zoning in Progress provisions simply codifies what is known as Classic Zoning in Progress and defined what a Classic Zoning in Progress is and what the conditions are. He continued saying that Step one (1) of the administrative process was made by the City Manager by promulgating an Administrative Order and step two (2) for the City Commission to ratify the recommendation of the administration. Attorney Goren said a Zoning in Progress item is not a long-time affair and it is 180 days or sooner, as the consultant may be done with the work before that time. The Commission is bound by that obligation to make sure that a report or information performed and provided for, on an earlier basis, cannot sit waiting for 180 days and is a provision in the Code and a codification of State Law in the context of Classic Zoning in Progress. Attorney Goren addressed a City of Coral Springs 2004 case, that he is personally familiar with, was a 0 District's opinion that is the benchmark for moratoria in this district with regards to site planning and other development activities. The City was successful both at the trial and at the Appellate level and moratoriums are somewhat different than a Zoning in Progress. City Attorney Goren said a moratorium may last a lot longer than a Zoning in Progress, where a moratorium could last up to a year or nine months. He added that in Coral Springs there were some applications that were in the pipeline when that City adopted an ordinance regarding the moratorium to study multi -family developments and site plans that were exempted from that situation. City Attorney Goren said the Commission has heard testimony this morning that there is nothing pending before the City that would otherwise provide an exemption or a pipeline exemption. City Attorney Goren said this issue has been addressed for the benefit of third parties listening to the conversation, for the benefit of Commissioner Bolton, Commissioner Placko, Mayor Dressler to address their concerns, for the benefit of Vice Mayor Gomez listening on the phone, and for the purpose of discussion and answer of any questions as well. 4. Other There being no further business to come before the City Commission for consideration, Mayor Dressler adjourned the meeting at 10:28 a.m. Lillian Pabon. CMC Assistant City Clerk Page 4 of 4 COMMISSION WORKSHOP MEETING March 12, 2018