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HomeMy WebLinkAbout2019-07-10 - City Commission Regular Meeting Minutes CITY OF TAMARAC CITY COMMISSION MEETING WEDNESDAY, JULY 10, 2019 CALL TO ORDER: Mayor Gomez called the Commission Meeting of the City of Tamarac to order at 7:03 p.m. on Wednesday, July 10, 2019, in City Commission Chambers, Tamarac City Hall, 7525 NW 88th Avenue, Tamarac, FL 33321. ROLL CALL: Mayor Michelle J. Gomez, Vice Mayor Debra Placko, Commissioner Marlon Bolton, Commissioner Mike Gelin and Commissioner Julie Fishman were in attendance. Also in attendance were City Manager Michael Cernech, City Attorney Samuel S. Goren and City Clerk Patricia A. Teufel. PLEDGE OF ALLEGIANCE: Mayor Gomez led the Pledge of Allegiance. Mayor Gomez asked for a moment of silence in memory of Tamarac's founder Ken Bering who recently passed away. 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a Proclamation by Mayor Michelle J. Gomez proclaiming July 14, 2019 as "Tamarac Historical Society Day". (Requested by Vice Mayor Debra Placko) In the interest of time, it was decided to forego presenting the following certificates: b. Presentation of Certificate of Completion of 2019 Advanced Institute for Elected Municipal Officials held April 12-13 in Tampa, Florida to Commissioner Julie Fishman c. Presentation of Certificate of Completion of 2019 Advanced Institute for Elected Municipal Officials held April 12-13 in Tampa, Florida to Commissioner Marlon Bolton d. Presentation of Certificate of Completion of 2019 Advanced Institute for Elected Municipal Officials held April 12-13 in Tampa, Florida to Commissioner Mike Gelin e. Presentation of a Proclamation to BSO Captain Neal Glassman honoring him for his service to the City of Tamarac. 2. CITY COMMISSION REPORTS: a. Commissioner Bolton: Commissioner Bolton had no report. b. Commissioner Gelin: Commissioner Gelin had no report. c. Commissioner Fishman: Commissioner Fishman had no report. d. Vice Mayor Placko: Vice Mayor Placko had no report. ll e. Mayor Gomez: Mayor Gomez had no report. 3. CITY ATTORNEY REPORT: City Attorney Goren had no report. Page 1 of 13 COMMISSION MEETING July 10, 2019 4. CITY MANAGER REPORT: City Manager Cernech had no report. 5. PUBLIC PARTICIPATION: Mayor Gomez opened Public Participation and the following individual spoke: Ronald B. Barish, 7555 NW 99th Ave., spoke on various items. Commissioner Gelin made a motion to pull item 6 f — Eden West for discussion and asked to hold off on the Consent Agenda until after the Quasi-Judicial items. Commissioner Gelin seconded by Commissioner Bolton moved to pull the following items on the Consent Agenda for discussion: 6c, g, i, j. I, o, q and s. Commissioner Fishman seconded by Vice Mayor Placko moved approval of the following Consent Agenda items: 6a, b, d, e, h, k, m, n, p, r, t. Motion passed unanimously (5-0). 6. CONSENT AGENDA: a. Approval of the June 12, 2019 RegularCommission Meeting Minutes — APPROVED. b. TR13296 - Citywide Culvert Headwall Improvement Project Phase V: A Resolution of the City Commission of the City of Tamarac, Florida, approving various Task Authorizations with Stantec Consulting Services; authorizing a cumulative expenditure for said purpose in an amount not to exceed $76,645.00; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2019-58 d. TR13292: Amendment to FDOT Grant Agreement: A Resolution of the City Commission of the City of Tamarac, Florida authorizing the appropriate City Officials to accept an amendment to an agreement between the City of Tamarac and the State of Florida Department of Transportation (FDOT) for the Florida Highway Beautification Grant provided to the City of Tamarac for the provision of Landscaping along Commercial Boulevard; providing for the execution of necessary documents pending legal review; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2019-59 e. TR13258 - Approval of a Deed to Convey Certain Property to FDOT: A Resolution of the City Commission of the City of Tamarac, Florida, approving a Deed of Conveyance by and between the City of Tamarac and the State of Florida Department of Transportation (FDOT) to convey a portion of land which lies adjacent to State Road 7 (U.S. 441) and State Road 870 (Commercial Boulevard); authorizing the appropriate City Officials to execute said Deed of Conveyance by and between the City of Tamarac and the State of Florida Department of Transportation (FDOT) to convey a portion of land which lies adjacent to State Road 7 (U.S. 441) and State Road 870 (Commercial Boulevard); authorizing the City Clerk to forward a certified copy of this Resolution to FDOT; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2019-60 h. TR13308 - RFP #19-02R - Design_Build of Swim Central Annex: A Resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City Officials to award RFP #19-02R and execute an Agreement with West Construction, Inc., for the design/Build of Swim Central Annex for an amount not to exceed $1,235,435; a contingency amount of $90,880 will be added to the project account for a total project budget of Page 2 of 13 COMMISSION MEETING July 10, 2019 $1,326,315; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2019-61 k. TR13300 - School Crossing Guard Agreement: A resolution of the City Commission of the City of Tamarac authorizing the award of Request for Proposal No. 19-23R entitled "School Crossing Guard Services" to Waterfield Staffing Florida, LLC, D/B/A Action Labor, and authorizing the appropriate City Officials to execute an agreement with Waterfield Staffing Florida, LLC, D/B/A Action Labor for a period commencing September 1, 2019 through August 31, 2021 with the option to renew for two (2) additional two (2) year periods, on behalf of the City of Tamarac and members of the Southeast Florida Governmental Purchasing Cooperative, including the City of Coral Springs, the City of North Lauderdale and the City of Sunrise; authorizing the City Manager to approve price adjustments in accordance with the provisions of the agreement and to approve and accept renewal options; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2019-62 m. TR13310 - MPO MTP Cost Feasible Projects Resolution: A resolution of the City Commission of the City of Tamarac, Florida, supporting the Metropolitan Planning Organization's Commitment 2045 "Cost Feasible" Metropolitan Transportation Plan (MTP) projects located in the City of Tamarac and identified in the Cost Feasible Plan — Tamarac attached hereto as Exhibit "A"; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2019-63 n. TR13272 - Lenovo Computer Lease (Phase 3): A Resolution of the City Commission of the City of Tamarac, Florida approving a new schedule to the Master Lease Agreement with Lenovo Financial Services to lease ninety-three (93) Lenovo computers and sixteen (16) docking stations for three (3) years at an annual cost of $29,706.25 for a total cost of $89,118.75 at the end of three (3) years; authorizing the appropriate City Officials to execute all necessary documents to effectuate the intent of this Resolution; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2019-64 p. TR13281 - FY 2020 Preliminary Stormwater Special Assessment: A Resolution Of The City Commission Of The City Of Tamarac, Florida, Relating To The Provision Of Stormwater Management Provided By The City's Stormwater Utility; Determining That Certain Real Property Will Be Specially Benefited Thereby; Establishing And Confirming The Method Of Calculating The Cost Of Stormwater Management Service Against The Real Property That Will Be Specially Benefited Thereby; Directing The City Manager To Prepare Or Direct The Preparation Of A Preliminary Stormwater Utility Management Fee Roll Based Upon The Methodology Set Forth Herein; Establishing A Public Hearing For The Proposed Stormwater Utility Management Fees And Directing The Provision Of Notice In Connection Therewith; Providing For Conflict; Providing For Severability; And Providing For An Effective Date. RESOLUTION R-2019-65 r. TR13283 - FY 2020 Preliminary Nuisance Abatement Assessment: A Resolution Of The City Commission Of The City Of Tamarac, Florida, Relating To The Provision Of Nuisance Abatement On Certain Real Properties By The City In Accordance With Chapter 9, Article II, Division V Of The City's Code Of Ordinances; Determining That Certain Real Property Has Page 3 of 13 COMMISSION MEETING July 10, 2019 Been Specially Benefited By The City's Abatement Of Nuisances Thereon; DirectingThe City Y Manager To Prepare Or Direct The Preparation Of A Preliminary Nuisance Abatement Assessment Roll; Establishing A Public Hearing For The Proposed Levy Of Unpaid Nuisance Abatement Assessments On The Annual Tax Bill And Directing The Provision Of Notice In Connection Therewith; Providing For Conflict; Providing For Severability; And Providing For An Effective Date. RESOLUTION R-2019-66 t. TR13301 - Approve First Amendment to Transportation Surtax ILA: A Resolution of the City Commission of the City of Tamarac, Florida, Approving the First Amendment to the Transportation Surtax Interlocal Agreement (ILA) and Authorizing the Appropriate City Officials of the City Of Tamarac, Florida to Execute the ILA; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. RESOLUTION R-2019-67 f. TR13295 - Eden West Apartments — Vacation of Right-of-Way: A resolution of the City Commission of the City of Tamarac, Florida, approving a Vacation of Right-of-Way petition in an effort to vacate a portion of the public half right-of-way of NW 70 Avenue from NW 84 Avenue to N Pine Island Road, more specifically the 8400 Block to the 8800 Block of NW 70 Avenue as further described and shown in the legal description and sketch attached hereto as Exhibit "A", to reduce the public right-of-way from four (4) lanes to two (2) lanes and reversion of the ownership of the vacated right-of-way property to the owner of the abutting property to the south of the vacated right-of-way in order to accommodate the Eden West Apartments development; (Case No. 2-P-19); providing for conflicts; providing for severability; and providing for an effective date. Commissioner Gelin seconded by Commissioner Bolton moved approval of TR13295. City Attorney Goren read TR13295 by title into the record. Attorney John Voight appeared on behalf of the applicant and indicated that this item is a proposed vacation of a right-of-way for a linear park. Mayor Gomez opened the Public Hearing and the following individuals spoke: Debbie Taylor, 7580 W. McNab Rd. said she was in favor of the proposed project and Ron Barish, 7555 NW 99th Ave. asked for a 90-day continuance on this in order to let a barber find a new place for his business. Mr. Voight said they are still going thru the process and it will be more than 90 days before anyone is required to vacate the premises. Motion passed unanimously (5-0). RESOLUTION R-2019-69 Mayor Gomez moved out of the order of the Agenda to take up items 10(a) TO2405, 11(a) TO2402 and 11(b) TO2403. Mayor Gomez said they will take up the items pulled from the Consent Agenda after the above items were heard. 7. REGULAR AGENDA: There were no Regular Agenda items scheduled for this meeting. 8. ORDINANCE(S) - FIRST READING: There were no Ordinance(s) — First Reading scheduled for this meeting. 9. PUBLIC HEARING(S): There were no Public Hearing items scheduled for this meeting. 10. ORDINANCE(S) - SECOND READING: a. TO2405 - Human Trafficking Public Awareness Signs Ordinance: An ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 10, Article 4 of the City of Page 4 of 13 COMMISSION MEETING July 10, 2019 10. ORDINANCE(S) - SECOND READING: a. TO2405 - Human Trafficking Public Awareness Signs Ordinance: An ordinance of the City Commission of the City of Tamarac, Florida, amending Chapter 10, Article 4 of the City of Tamarac Code of Ordinances Land Development Code, entitled "Development and Design Standards"; specifically, amending Section 10-4.10 entitled "Signs" by creating a new section 10-4.10(D)(3)(m) to be entitled "Human Trafficking Public Awareness Signs"; providing for codification; providing for conflicts; providing for severability; providing for an effective date. PASSED ON FIRST READING ON JUNE 12, 2019. TABLED FROM THE JUNE 26, 2019 COMMISSION MEETING ON SECOND READING City Attorney Goren read T02405 by title into the record. Commissioner Fishman seconded by Vice Mayor Placko moved approval of TO2405 on Second Reading. Mayor Gomez opened the Public Hearing and the following individuals spoke: Theresa (last name unintelligible) was in favor or the ordinance; Ron Barish, 7555 NW 99th Ave. was in favor of the ordinance and Michelle Jones, 5830 NW 64th Ave. asked for help in understanding what the ordinance was to accomplish. With no one else wishing to speak, Mayor Gomez closed the Public Hearing. Commissioner Fishman said the Whereas clauses of the Ordinance state the intent of the Ordinance and read T02405 Whereas clauses into the record. Motion passed unanimously (5-0). PASSED ON SECOND READING JULY 10, 2019 ORDINANCE 0-2019-11 11. QUASI-JUDICIAL HEARING(S): City Attorney Goren said the following two items, TO2402 and T02403 are companion items and will be heard together and voted on separately. City Attorney Goren read TO2402 and T02403 by titles into the record. City Attorney Goren went over the Quasi-Judicial processes and procedures and the rules of conduct and civility. City Attorney Goren reminded the Commission of the lawsuit that was filed yesterday relative to these matters and noted that the City and 13th Floor have filed petitions. City Attorney Goren said that as of today there has been no order from the Court. Commissioner Gelin seconded by Commissioner Bolton made a motion to table these items until a Judge has made a ruling. Motion failed (3-2) with Mayor Gomez, Vice Mayor Placko and Commissioner Fishman dissenting. City Clerk Teufel swore in all affected parties. City Attorney Goren asked for disclosures from the Commission. Commissioner Fishman met with the applicant and Mr. Backman; Commissioner Gelin met with the applicant and the lobbying firm and did not take any campaign contributions from the applicant. Commissioner Gelin asked the Commission to disclose if they took any campaign contributions from 13th Floor or Mr. Backman: Commissioner Fishman said in 2016 she did take contributions from 13th Floor and Mr. Backman; Vice Mayor Placko said she met with Mr. Backman, the applicant and Mr. Dan Daley and in 2017 she took contributions from both; Commissioner Bolton said he met with Mr. Backman, Mr. Nunziata and Mr. Daley; Mayor Gomez said she met with Mr. Daley, Mr. Nunziata and Mr. Backman and received a campaign contribution from Mr. Backman in 2014. Mayor Gomez said she did not receive campaign contributions in 2018. Mayor Gomez said she does not have a conflict of interest and has been a resident of the Woodlands for 25 years, owns two properties and is also on the Broward County Planning Council. City Attorney Goren said the Mayor's ownership of property is not a violation of your right to vote; you have no conflicts. Commissioner Bolton Page 5 of 13 COMMISSION MEETING July 10, 2019 REVISED AUGUST 26, 2019 asked if it would be a conflict of interest if the Mayor's law firm did any title work for 13th Floor and Mayor Gomez responded that she has no legal relationship with 13th Floor. Community Development Director Calloway appeared and gave a presentation, a copy of which is on file in the City Clerk's Office, and ended by saying the Planning Board voted to approve both items 3-2. Community Development Director Calloway said staff is also recommending approval. City Attorney Goren noted for the record that staffs PowerPoint presentation is now part of the record. Mayor Gomez opened the floor for questions from the people that filed Affected Party Registration Forms. City Attorney Goren said this is not the time for the Affected Parties to make comments, but to ask questions from the staff. The City's Traffic Engineer from Traftech Engineering, Joaquin Vargas, responded to questions about the traffic study from Laurence Mellgren. Sandra Hill, Stanley C. Tracey, Gordon and Deborah Merritt had no questions for staff. City Attorney Goren said Jose Spena is represented by legal counsel, John Herin. Mr. Herin said his firm is the attorney of record for Mr. Pena and asked that a copy of his Petition be entered into the record. Community Development Director Calloway responded to questions from Mr. Herin regarding the notices for the May 1, 2019 and July 3, 2019 Planning Board Meetings; ex officio Broward County School Board Member; recreation and open space and stormwater. Mr. Vargas responded to questions about traffic and the traffic study. Community Development Director Calloway answered questions about the policies contained in the Comprehensive Plan; zero lot lines. Mr. Herin said for the record Jose Spena would like to introduce himself to the Commission and question the staff. Community Development Director Calloway responded to questions from Mr. Spena and Mr. Herin about some of the Objectives of the Comprehensive plan; adhering to the requirements of the Comprehensive Plan and endangered species of trees. Mr. Spena wanted to know if the golf industry is struggling, why did the City by a golf course. Attorney Michael Moskowitz, Co-counsel of Mr. Scott Backman, talked about the Resolution that Lauderhill passed in opposition to this project and responded to questions about the letter from the School Board. Mayor Gomez recessed the meeting at 9:37 p.m. and reconvened the meeting at 9:55 p.m. Commissioner Gelin rejoined the meeting at 9:39 p.m. Mr. Backman appeared and gave a presentation (Applicant's Exhibit 1), a copy of which is on file in the City Clerk's Office, and said the focus of his presentation will be on 13th Floor, the golf industry and the Woodlands Operations. Mr. Backman stated for the record that the applications, all materials and backup previously submitted are all part of the record tonight. Mayor Gomez opened the floor for questions from the people that filed Affected Party Registration Forms. Mr. Backman responded to a few questions from Laurence Mellgren and questions from Stanley Tracey about toxic substances in the Woodlands, the maintenance of roads, gates and restricting the project to 423 homes. Mr. Backman and Mr. Moskowitz responded to questions from Mr. Herin about the applicant's PowerPoint presentation and admitting more documents into the record and Mr. Herin's request to strike the applicant's presentation from the record. Mr. Backman responded to questions from Mr. Herin regarding the PowerPoint presentation and the information contained therein being relative to the LUPA and Rezoning. Commissioner Gelin left the meeting at 10:40 a.m. Vice Mayor Placko left the meeting at 10:49 p.m. and returned at 10:52 p.m. Commissioner Bolton left the meeting at 10:50 p.m. Page 6 of 13 COMMISSION MEETING July 10, 2019 REVISED AUGUST 26, 2019 Development Director Calloway responded to Mr. Herin's question about section 15.1(6) level of service and said this will be addressed at site plan level. Commissioner Gelin returned to the meeting at 11:19 p.m. Mayor Gomez called Mr. Andy Felix, who filed the Affected Party Registration Form, to ask the applicant questions. Mr. Nuziata responded to questions about the first time 13th Floor met with Clublink and the dying state of the golf industry. There was a discussion regarding what is and what is not considered evidence according to the Code. Mr. Tracey expressed his concern about toxins, the impact on the existing homes, berms and flooding and ended by saying he is opposed to this project. Mr. Merritt talked about the golf industry and said the Woodlands is more than vacant land. Mr. Spena submitted pictures of flooding and talked about recent flooding, loss of natural environmental resources, loss of way of life with nature, loss of tree canopies, the need to preserve green space and requested that this not move forward. Mr. Herin asked for and gave his closing arguments. Mr. Herin went over in detail how the materials submitted in support of the application failed to meet the Comprehensive Plan and said this must be denied according to State Law. Community Development Director Calloway responded that in staffs opinion all requirements have been met. Commissioner Gelin left the meeting at 12:04 a.m. and returned at 12:13 a.m. on Thursday, July 11, 2019. Mr. Felix talked about the golf culture and the dying industry and went over in detail an article about TWC Enterprises which owns Clublink and their 1st Quarter 2019 results. Mr. Herin talked of sitting as a Special Magistrate and in Tamarac people are told they have to follow the Code, but staff did not follow the Code. The evidence is that your application has not been processed according to the City's code, errors have been made and not corrected. The proper thing to do is to deny this application and tell everyone they have to do a better job. Mr. Herin asked the Commission to deny this application for these reasons that show criteria has not been met. Mayor Gomez opened the Public Hearing and the following individuals were opposed to the project: Jeffrey Shapiro, Thomas Harney, Anthrea Pennant, Judith Jagoda, Naomi Benton- Brown, Pam Davidson, Joel Davidson, Harvey Quenton, William Goffinet, JP Sandal, Tyson Jones, Judy Margolis, Nirupa Achaibar, Barbara Sams, Sue Roberts Daspit, Phil Daspit, Leonard Nixon, Stephen Fain, Ernest Perez, Patti Atkins Grad. The following individual spoke in favor of the project: Karen Malkoff. The following individuals made other comments: Dr. Bud Fein and Marilyn Tupperhouse. All pertinent information on the speakers is on file in the City Clerk's Office. With no one else wishing to speak, Mayor Gomez closed the Public Hearing. Community Development Director Calloway and Mr. Backman addressed some of the concerns raised at the Public Hearing. Attorney Moskowitz addressed some legal issues that were brought up and said the applicant has established competent and substantial evidence and said the applicant has met its burden and is entitled to have this approved. Mayor Gomez recessed the meeting at 2:15 a.m. and reconvened the meeting at 2:28 a.m. with all present as before. Mayor Gomez opened the floor for Commission discussion. Page 7 of 13 COMMISSION MEETING July 10, 2019 Mr. Backman responded to questions about traffic, water and stormwater capacity, landscaping, tree removal and confirmed that there is approximately 109 acres that is not in the LUPA. Mayor Gomez asked if the applicant was agreeable to having the Site Plan go before the Commission and Mr. Backman said yes, they would not object to having it called up before the Commission. Mayor Gomez also said she wants the LUPA and Rezoning as well as the Site Plan to come before the Commission at the same time and Mr. Backman said the applicant will agree to that as well. Mayor Gomez said there is a contingency for approval restricting this project to 423 homes but that it could be less than 423 when it comes back to the Commission and Mr. Backman agreed. Mayor Gomez asked Mr. Backman to confirm that in the Restrictive Covenants and Development Agreement there is no ability for the applicant to go back up to 800 homes and change the amount of density and Mr. Backman said there is no intention to do that at all. Mayor Gomez asked that if the Rezoning goes through there will be no two-family homes, townhouses or zero lot lines and Mr. Backman said that is correct. Commissioner Gelin said Commission Members are voted in by District with the Mayor being At-Large. Other cities are at large and said Tamarac can be also. It can be changed, and we can get a petition on the ballot to have all seats At-Large. City Attorney Goren said you would need a certain percentage to get an At-Large election instead of districts. Community Development Director Calloway responded to questions about the objectives in the Comprehensive Plan and the composition and terms of the Planning Board members. City Attorney Goren said the current appointees are legally on the board until new appointments are made. Community Development Director Calloway continued to respond to questions regarding the objectives in the Comprehensive Plan. At the request of Commissioner Gelin City Attorney Goren gave his definition of a "site plan". Community Development Director Calloway noted that Tamarac Staff has met with Lauderhill Staff regarding traffic and we will continue to coordinate with them. Mr. Backman responded to questions regarding traffic studies; access to the new clubhouse by all the residents of the Woodlands; questions about the applicant's return on their investment; and the golf industry. Staff and Mr. Backman responded to questions from Commissioner Gelin about what cities they live in. There was a discussion on how this development will affect the local economy, how it would affect the City's staffing levels and the effect on home values in the area. Commissioner Gelin said he was surprised at how many people are against this despite all the efforts the applicant has made. Mr. Backman said there are as many people for this project as there are against and there are some people in the middle. Mr. Nunziata said this is a change and it is tough to accept change. Commissioner Gelin said he has nothing against Mr. Nunziata or Mr. Daley and he was not trying to imply or criticize his fellow Commission for taking campaign money from the applicant. It is legal to take money from some lobbyist and vote for or against a project. City Attorney Goren confirmed that if you take money as a campaign contribution it is not a violation of law unless the money is taken as Quid-Pro-Quo. Commissioner Bolton talked about his campaign in 2016. Commissioner Bolton said he believes tonight is a waste of time for the residents because this is a done deal, the same as the Self-Storage facility. Commissioner Bolton said we will probably end up with a 3 to 2 vote for this project. Commissioner Bolton said he was the only Commissioner that attended the Lauderhill Meeting at which time a Resolution was passed opposing this project due to increased traffic concerns. Commissioner Bolton talked about his concerns of level of service provided by first responders due to the increase in the number of residents and these concerns need to be addressed sooner rather than later. Community Development Director Calloway responded to questions from Commissioner Bolton about open space and facilities on the east side. Page 8 of 13 COMMISSION MEETING July 10, 2019 Commissioner Bolton asked Mr. Backman if the applicant will be addressing flooding concerns and Mr. Backman said yes. Mr. Backman also responded to questions from Commissioner Bolton about traffic concerns, the number of homes being built and his concern about the applicant coming back, increasing the number of homes from 423 homes to a higher number and the possibility of 13th Floor walking away from the project. Mr. Hagen responded to questions about traffic. Commissioner Gelin left the meeting at 3:53 a.m. and returned at 3:56 a.m. Commissioner Fishman left the meeting at 3:56 a.m. and returned at 3:58 p.m. Commissioner Bolton expressed his concern about the value of homes in the area going down and several objectives in the Comprehensive Plan. Mr. Herin responded to questions from Commissioner Gelin regarding staffs report and competent and substantial evidence and noted that the process in the City's Regulations have not been followed by the City. Community Development Director Calloway and Mr. Carl Peterson responded to Commissioner Gelin's questions about traffic studies. Commissioner Gelin commented that more comprehensive traffic studies should be done now and not wait for Site Plan. City Manager Cernech said if it the desire of the Commission it can be done now. Vice Mayor Placko said she is concerned about Clublink's past history of shutting golf courses down and asked is the Land Use Amendment and Rezoning coming back before the Commission with the Site Plan and Mr. Backman said yes they will if that is what the Commission wants. Vice Mayor Placko noted that she disagreed with Commissioner Bolton's assessment that people have wasted their time here tonight. Vice Mayor Placko said she would like to give the community something that will benefit them. Vice Mayor Placko said at this point she would vote no. Commissioner Bolton asked if this gets voted down tonight can the developer come back at a future date and City Attorney Goren said yes and absent the litigation, at the end of the day you can reject both tonight. Commissioner Bolton said he has been inside the Woodlands and thinks that something needs to be done, what that something is he does not know. There are some areas that are pristine and others that are not up to par. Commissioner Bolton says he does like some elements of the project and if people say no to everything, that is not a good decision. Commissioner Bolton says he does not want 13th Floor to think he is against them totally but elected officials need to vote with the residents and he stands for the residents. Vice Mayor Placko said we have to compromise and give them a chance and if Clublink closes their doors that place will become a mess because they will not take care of it. Commissioner Gelin said he disagrees with Vice Mayor Placko and we will lose leverage if we vote now; if we vote no they can come back. His overwhelming response is no. Commissioner Fishman talked about a candidate's right to take campaign contributions. Commissioner Fishman said this is a Quasi-Judicial hearing and she has done her homework prior to coming in here and has listened to the testimony and questions. Commissioner Fishman said she too has had concerns but that does not mean that her mind was made up prior to tonight. Mayor Gomez said there were some comments from the Commission that there will be no outreach with the residents going forward if this goes forward and Mr. Backman said that is incorrect they will continue with community outreach. Mayor Gomez asked if that will continue with the Site Plan and will you continue to hold special meeting with the community and Mr. Backman said yes. Page 9 of 13 COMMISSION MEETING July 10, 2019 Commissioner Bolton made a substitute Motion to oppose 11(a) TO2402 — Woodlands Country Club Large Scale Land Use Plan Amendment. Motion failed (2-3) with Mayor Gomez, Commissioner Fishman and Vice Mayor Placko dissenting. a. TO2402 - Woodlands Country Club Large Scale Land Use Plan Amendment: An ordinance of the City Commission of the City of Tamarac, Florida, adopting a Large-Scale Land Use Plan Amendment to the City of Tamarac's Comprehensive Plan Future Land Use Map in accordance with Chapter 163, specifically Section 163.3184 of the Florida State Statutes, for said lands situated, lying, and being in Broward County, Florida, and known as "The Woodlands" and located at or bounded by west Commercial Boulevard to the North, Rock Island Road to the East, NW 64 Avenue to the West and NW 44 Street to the South, and more particularly described in the legal description shown in Exhibit "A" attached hereto, to change the future land use designation of approximately 165.53 gross acres of land from "Commercial Recreation" to "Low (5) Residential" to facilitate and allow for the development of a residential use by Michael Nunziata of 13th Floor Woodlands HB GP, designated agent for the property owner, Clublink US Corporation and provide consistency with the Land Development Code in accordance with the intent of the Comprehensive Plan of the City of Tamarac; (Case No. 1-LUA-19) authorizing transmittal of the Large-Scale Land Use Map Amendment to the Department Of Economic Opportunity and appropriate reviewing agencies and the Broward County Planning Council for review, approval and recertification of the City of Tamarac Future Land Use Map; providing for amendment to the land use plan to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. Vice Mayor Placko seconded by Commissioner Fishman moved approval of 11(a) — Woodlands Country Club Large Scale Land Use Plan Amendment. Motion passed (3-2) with Commissioners Bolton and Gelin dissenting. PASSED ON FIRST READING JULY 10, 2019 Commissioner Bolton made a substitute Motion to oppose 11(b) TO2403 — Woodlands Country Club Large Scale Land Use Plan Amendment. Motion failed (2-3) with Mayor Gomez, Commissioner Fishman and Vice Mayor Placko dissenting. b. TO2403 - Woodlands Country Club Rezoning: An ordinance of the City Commission of the City of Tamarac, Florida, amending the official Zoning Map of the City of Tamarac referenced in Section 10-2.1(B) of Chapter 10 of the City of Tamarac Code of Ordinances for said lands situated, lying, and being in Broward County, Florida, and known as "The Woodlands" and located at or bounded by West Commercial Boulevard to the North, Rock Island Road to the east, NW 64 Avenue to the West and NW 44 Street to the South, and more particularly described in the legal description shown in Exhibit "A" attached hereto, to rezone approximately 115.86 acres from RC (Recreation) zoning classification to RE (Residential Estate) zoning classification and approximately 49.67 acres from RC (Recreation) to R-2 (Two Family Residential) zoning classification, to facilitate the development of a residential use by Michael Nunziata of 13th Floor Woodlands HB GP, designated agent for the property owner, Clublink US Corporation and provide consistency with the Land Development Code in accordance with the intent of the comprehensive plan of the City of Tamarac; (Case No. 3-Z- 19); providing for amendment to the official Zoning Map to reflect such change; providing for conflicts; providing for severability; and providing for an effective date. Page 10 of 13 COMMISSION MEETING July 10, 2019 Commissioner Fishman seconded by Vice Mayor Placko moved approval of 11(b) TO2403 — Woodlands Country Club Rezoning. Motion passed (3-2) with Commissioners Bolton and dissenting. PASSED ON FIRST READING JULY 10, 2019 Mayor Gomez recessed the meeting at 4:56 a.m. and reconvened the meeting at 5:05 a.m. with all present as before. Ma yor Gomez moved back to the order of the agenda to take up items 6c, 6g, 6i, 6j, 61, 6o, 6q and 6s on the Consent Agenda Commissioner Gelin seconded by Commissioner Bolton made a motion to withdraw his request to discuss items 6c, 6g, 6i, 6j, 61, 6o, 6q and 6s on the Consent Agenda all were in agreement. Commissioner Gelin seconded by Commissioner Bolton moved to approve items 6c, 6g, 6i, 6j, 61, 6o, 6q and 6s on the Consent Agenda. Motion passed unanimously (5-0). CONSENT AGENDA: c. TR13287 - Tire Purchase Utilizing FSA Bid Award #FSA19-TRS21.0: A resolution of the City Commission of the City of Tamarac, Florida, authorizing the appropriate City officials to approve expenditures for tires used by various City departments in an amount not to exceed $90,000 annually from authorized vendors, including, but not limited to Tiresoles of Broward, Inc., utilizing the Florida Sheriffs Association Agreement #FSA19-TRS21.0 for tires; effective upon approval through February 28, 2022 or as extended by the Florida Sheriffs Association; authorizing proper City officials to execute contract renewals; providing for severability; and providing an effective date. RESOLUTION R-2019-68 g. TR13305 - CDBG Annual Action Plan FY 2019/2020: A resolution of the City Commission of the City of Tamarac, Florida, approving the projects recommended for inclusion in the Fiscal Year 2019 Annual Action Plan attached hereto as Exhibit "1", for expenditure of the United States Housing and Urban Development Community Development Block Grant Funds estimated to be $399,552 for the twentieth program year; authorizing the Mayor or appropriate City Officials to execute Fiscal Year 2019-2020 Annual Action Plan federal application for funding; providing for conflicts; providing for severability; and providing for an effective date RESOLUTION R-2019-70 i. TR13309 - Local Housing Assistance Plan (CHAP) FY 2019/20 - FY 2021/22: A resolution of the City Commission of the City of Tamarac, Florida approving the Local Housing Assistance Plan (CHAP) as required by the State Housing Initiatives Partnership Program Act, Subsections 420.907-420.9079, Florida Statutes; and rule Chapter 67-37, Florida Administrative Code; authorizing and directing the Mayor to execute any necessary documents and certifications needed by the State; authorizing the submission of the Local Housing Assistance Plan for review and approval by the Florida Housing Finance Corporation; authorizing the appropriate City Officials to accept the State of Florida's State Housing Initiatives Partnership (SHIP) program budget by accepting the Fiscal Year 2019, Page 11 of 13 COMMISSION MEETING July 10, 2019 2020, and 2021 allocations of the program funds to be utilized according to the City's Local Housing Assistance Plan and Housing delivery goals chart; that the appropriate City Officials are hereby authorized to appropriate said funds including any and all subsequent budgetary transfers to be in accordance with proper accounting standards; providing for conflict; providing for severability; and providing an effective date. RESOLUTION R-2019-71 j. TR13279 - FY 2020 Preliminary Millage Rate Resolution: A Resolution of the City Commission of the City of Tamarac, Florida, approving the Proposed Millage Rate of 7.2899 mills for general operating purposes, approving September 13, 2019, AT 5:05 p.m. at the Tamarac Commission Chambers, 7525 N.W. 88TH Avenue, Tamarac, Florida, as the date, time and place for the first public hearing to set the Tentative Millage Rate and Budget for Fiscal Year 2020; approving September 25, 2019 AT 5:05 p.m. at the Tamarac Commission Chambers, 7525 N.W. 88TH Avenue, Tamarac, Florida as the date, time, and place for the second public hearing to adopt the Millage Rate and Budget for Fiscal Year 2020; authorizing the City Manager to send the Proposed Millage Rate of 7.2899 and the date, time and place for both the first and second public hearings to the Broward County Property Appraiser for Fiscal Year 2020; providing for conflicts; providing for severability; and providing for an effective date. RESOLUTION R-2019-72 I. TR13280 - FY 2020 Preliminary Fire Rescue Special Assessment: A Resolution Of The City Commission Of The City Of Tamarac, Florida, Relating To The Provision Of Fire Rescue Services, Facilities And Programs In The City Of Tamarac, Florida; Establishing The Estimated Assessment Rate For Fire Rescue Assessments For The Fiscal Year Beginning October 1, 2019; Directing The Preparation Of An Assessment Roll; Authorizing A Public Hearing And Directing The Provision Of Notice Thereof; Providing For Conflicts; Providing For Severability; And Providing An Effective Date. RESOLUTION R-2019-73 o. TR13306 - Amending the Broward Redevelopment Program Grant for Tamarac Village: A Resolution of the City Commission of the City of Tamarac, Florida providing for a second amendment to the Broward Redevelopment Grant Program Interlocal Agreement between Broward County and the City of Tamarac through the Broward County Environmental Protection and Growth Management Department for the Tamarac Village Development Project; authorizing and providing for the appropriate City Officials to execute the necessary documents required to amend this agreement; providing for conflicts; providing for severability; and providing for an effective date RESOLUTION R-2019-74 q. TR13282 - FY 2020 Solid Waste Collection Assessment: A Resolution Of The City Commission Of The City Of Tamarac, Florida, Relating To The Provision Of Residential Solid Waste Collection Services And Facilities And Programs In The City Of Tamarac, Florida; Providing For Purpose And Definitions; Providing For Legislative Determinations; Establishing The Estimated Rate For The Residential Solid Waste Collection Services Assessment For The Fiscal Year Beginning October 1, 2019; Directing The Preparation Of A Residential Solid Waste Collection Services Special Assessment Roll; Authorizing A Public Hearing And Directing The Provision Of Notice Thereof; And Providing An Effective Date. RESOLUTION R-2019-75 Page 12 of 13 COMMISSION MEETING July 10, 2019 s. TR13307 - Office Supplies: A Resolution Of The City Commission Of The City Of Tamarac, Florida, Authorizing The Appropriate Officials To Award And Execute An Agreement For Office Supply Needs With Office Depot, Inc. On Behalf Of The Southeast Florida Governmental Purchasing Cooperative And The Omnia Partners, LLC, Consortium Utilizing Pricing Provided Through Request For Proposal #19-12R For The Period Of October 14, 2019 Through October 13, 2023, With One (1) Four (4) Year Renewal Option; Approving The Early Termination For Convenience Of The Agreement With Office Depot Dated October 18, 2016 For The Period From October 14, 2019 Through October 17, 2019; Authorizing The City Manager To Approve And Accept Renewal Options; Providing For Conflicts; Providing For Severability; And Providing For An Effective Date. RESOLUTION R-2019-76 12. OTHER There being no further business to come before the City Commission, Mayor Gomez adjourned the meeting at 5:09 a.m. on Thursday, July 11, 2019. 3/4-lake j 4-- _ , ___ Michelle J. GomezMayor Patricia Teufel, C C City Clerk I I Page 13 of 13 COMMISSION MEETING July 10, 2019