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