City Commission Meeting

City of Lauderhill City Hall 5581 W. Oakland Park Blvd. Lauderhill, FL, 33313 www.lauderhill-fl.gov Meeting Minutes - Final Monday, July 8, 2019 7:00 PM City Commission Chambers City Commission Meeting LAUDERHILL CITY COMMISSION Mayor Ken Thurston Vice Mayor M. Margaret Bates Commissioner Howard Berger Commissioner Richard Campbell Commissioner Denise D. Grant Charles Faranda, City Manager Andrea M. Anderson, City Clerk Earl Hall, City Attorney City Commission Meeting Meeting Minutes - Final July 8, 2019 I CALL TO ORDER II COMMUNICATIONS FROM THE PUBLIC (AND RESPONSES TO THE PUBLIC, IF THE TIME PERMITS DURING THIS PORTION OF THE MEETING OF THE CITY COMMISSION) III ADJOURNMENT (NO LATER THAN 7:30 PM) I CALL TO ORDER OF REGULAR MEETING Mayor Thurston called to order the Regular City Commission Meeting at 7:00 PM. II ROLL CALL Present: 5- Commissioner Howard Berger,Commissioner Richard Campbell,Commissioner Denise D. Grant,Vice Mayor M. Margaret Bates, and Mayor Ken Thurston ALSO PRESENT: Charles Faranda, City Manager Earl Hall, City Attorney Constance Stanley, Police Chief Nadia Chin, Deputy City Clerk III PLEDGE OF ALLEGIANCE TO THE FLAG FOLLOWED BY GOOD AND WELFARE HOUSEKEEPING A motion was made by Vice Mayor Bates, seconded by Commissioner Grant, to ACCEPT the Final-Revised Version of the City Commission Meeting Agenda for July 8, 2019. The motion carried by the following vote: Yes: 5- Commissioner Berger, Commissioner Campbell, Commissioner Grant, Vice Mayor Bates, and Mayor Thurston Abstain: 0 IV CONSIDERATION OF CONSENT AGENDA A motion was made by Vice Mayor Bates, seconded by Commissioner Grant, that this Consent Agenda was approved. The motion carried by the following vote: Yes: 5- Commissioner Berger, Commissioner Campbell, Commissioner Grant, Vice Mayor Bates, and Mayor Thurston Abstain: 0 V APPROVAL OF MINUTES A. Minutes of the City Commission for June 24, 2019. City of Lauderhill Page 1 City Commission Meeting Meeting Minutes - Final July 8, 2019 Attachments: June 24 2019 - City Commission Meeting Minutes These Minutes were approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) VI PROCLAMATIONS / COMMENDATIONS VII SPECIAL PRESENTATIONS A. A PRESENTATION HONORING ARTISTS THAT PARTICIPATED IN THE CARIBBEAN EXPRESSION ART SHOW (REQUESTED BY COMMISSIONER DENISE D. GRANT). B. REMOVED VIII GENERAL PRESENTATIONS (5 MINUTES MAXIMUM) IX ORDINANCES & PUBLIC HEARINGS - FIRST READING (NOT ON CONSENT AGENDA) (AS ADVERTISED IN THE SUN-SENTINEL) 1. ORDINANCE NO. 19O-07-112: AN ORDINANCE OF THE CITY OF LAUDERHILL, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS (LDR) ARTICLE III., ZONING DISTRICTS, PART 5.0., SPECIAL REQUIREMENTS FOR SPECIFIC LAND USE CLASSIFICATIONS, TO DELETE, REMOVE, REPEAL AND RESCIND IN ITS ENTIRETY SECTION 5.51 INCLUDING SUBSECTIONS 5.51.1 THROUGH 5.51.9 REGARDING MEDICAL MARIJUANA DISPENSING FACILITIES; PROVIDING FOR FINDINGS AND CONCLUSIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: ORD-19O-07-112-LDR-5.51 - Repeal MEdical Marijuana Dispensories.pdf AR 19O-07-112 Vice Mayor Bates mentioned speaking with Mr. Hall earlier in the day regarding medical marijuana dispensing facilities in Lauderhill, asking him to elaborate for the public. City Attorney Hall stated, since enacting the ordinance, City staff received a number of requests for a permit to operate medical marijuana dispensing facilities, all concentrated along University Drive, a strong commercial corridor in the City. He reminded the City Commission that at their last Commission meeting, they approved a medical marijuana dispensing facility for University Drive. However, before allowing the use to continue and proliferate, the City Manager and he thought it appropriate to repeal the ordinance to allow time to determine how the first dispensing facility operated to see if any adverse impacts or unintended consequences resulted. He said the matter could be revisited at a future date, but for now it was thought best not to allow such additional uses to come into City of Lauderhill Page 2 City Commission Meeting Meeting Minutes - Final July 8, 2019 Lauderhill. Senior Planner Stephen Tawes researched the number of facilities currently open in Broward County. Senior Planner Stephen Tawes indicated he researched the State’s website for existing dispensaries less than ten miles from Lauderhill City Hall, and there were currently four, not including Surterra, approved by the Lauderhill City Commission at its last meeting. Vice Mayor Bates wished to know where the four facilities were located. Mr. Tawes replied: 1417 SW 40th Terrace, Fort Lauderdale; 4500 N Federal Highway, Fort Lauderdale; 1101 S Powerline Road, Deerfield Beach; and 520 Stirling Road, Dania Beach. Vice Mayor Bates recalled when the subject legislation was passed in Tallahassee, it left it up to each municipality to decide on how dispensaries would be allowed within their boundaries. City Attorney Hall commented the City had a distance separation requirement, and because the Commission approved a facility on University Drive, a half-mile distance separation was required to approve a like facility in the area. A motion was made by Vice Mayor Bates, seconded by Mayor Thurston, that this Ordinance be approved on first reading to the City Commission Meeting, due back on 8/26/2019. The motion carried by the following vote: Yes: 5- Commissioner Berger, Commissioner Campbell, Commissioner Grant, Vice Mayor Bates, and Mayor Thurston Abstain: 0 2. ORDINANCE NO. 19O-07-113: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LAUDERHILL, CHAPTER 12, BUSINESS REGULATIONS, ARTICLE XI, MISCELLANEOUS VIOLATIONS; AMENDING SECTION 12-184, SALE, DISPLAY, DISTRIBUTION, MANUFACTURE, STORAGE OR POSSESION OF HERBAL INCENSE TO EXEMPT SUBSTANCES WITH CONTENT BELOW THE STATE LEGAL LIMITS (SUCH AS .3% THC); PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: ORD-19O-07-113-Code 12-184-Herbal incense.pdf AR 19O-07-113 This Ordinance was approved on the Consent Agenda on first reading to the City Commission Meeting, due back on 8/26/2019. (See Consideration of Consent Agenda for vote tally.) X ORDINANCES & PUBLIC HEARINGS - SECOND READING (NOT ON CONSENT AGENDA) (AS ADVERTISED IN THE SUN-SENTINEL) 3. ORDINANCE NO. 19O-06-111: AN ORDINANCE OF THE CITY OF City of Lauderhill Page 3 City Commission Meeting Meeting Minutes - Final July 8, 2019 LAUDERHILL, FLORIDA PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $11,500,000 CITY OF LAUDERHILL, FLORIDA HALF-CENT SALES TAX REVENUE BONDS, SERIES 2019A AND NOT EXCEEDING $6,000,000 CITY OF LAUDERHILL, FLORIDA TAXABLE HALF-CENT SALES TAX REVENUE BONDS, SERIES 2019B AS ADDITIONAL BONDS UNDER ORDINANCE NO. 96-110 ENACTED ON APRIL 29, 1996, AS SUPPLEMENTED, FOR THE PURPOSE OF FINANCING (INCLUDING THROUGH REIMBURSEMENT), TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS OF THE CITY, THE COST OF ACQUISITION, EXTENSION, CONSTRUCTION, IMPROVEMENT, RENOVATION AND EQUIPPING OF VARIOUS CAPITAL IMPROVEMENTS INCLUDED IN THE CITY’S ADOPTED FIVE-YEAR CAPITAL IMPROVEMENT PLAN FROM TIME TO TIME AND PAYING ALLOCABLE COSTS OF ISSUANCE OF THE SERIES 2019 BONDS AND, IN THE CASE OF THE SERIES 2019B BONDS, ADDITIONALLY FINANCING (INCLUDING THROUGH REIMBURSEMENT) THE COST OF ACQUIRING CERTAIN LAND IN THE CITY; FIXING CERTAIN TERMS AND DETAILS OF THE SERIES 2019 BONDS; AUTHORIZING EXECUTION AND DELIVERY OF THE SERIES 2019 BONDS; AUTHORIZING THE NEGOTIATED SALE OF THE SERIES 2019 BONDS, MAKING RELATED FINDINGS AND ESTABLISHING CERTAIN PARAMETERS OF SUCH SALE; APPROVING THE FORM OF A BOND PURCHASE AGREEMENT, SUBJECT TO SUCH PARAMETERS, AND AUTHORIZING EXECUTION AND DELIVERY THEREOF; DIRECTING THE APPLICATION OF THE PROCEEDS OF THE SERIES 2019 BONDS; APPROVING THE FORM OF AND AUTHORIZING THE DISTRIBUTION AND USE BY THE UNDERWRITER OF THE SERIES 2019 BONDS OF A PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE EXECUTION, DELIVERY AND DISTRIBUTION OF A FINAL OFFICIAL STATEMENT; APPOINTING THE CITY AS THE INITIAL PAYING AGENT AND REGISTRAR FOR THE SERIES 2019 BONDS; AUTHORIZING ONE OR MORE MUNICIPAL BOND INSURANCE POLICIES FOR ANY MATURITIES OF THE SERIES 2019 BONDS AND AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE FINANCIAL GUARANTY AGREEMENTS BETWEEN THE CITY AND THE PROVIDER THEREOF AND THE PAYMENT OF THE PREMIUM OR PREMIUMS THEREFOR; APPROVING THE FORM OF AND AUTHORIZING EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE WITH RESPECT TO THE SERIES 2019 BONDS; PROVIDING FOR THE APPOINTMENT OF A DISSEMINATION AGENT AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY AND THE DISSEMINATION AGENT, IF NECESSARY; AUTHORIZING OTHER REQUIRED ACTIONS; AUTHORIZING THE PROPER OFFICIALS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN City of Lauderhill Page 4 City Commission Meeting Meeting Minutes - Final July 8, 2019 CONNECTION WITH THE MATTERS PROVIDED FOR HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Attachments: ORD 19O-06-111 Lauderhill Half-Cent Sales Tax Revenue Bonds 2019 Series Ordinance AR 19O-06-111 Lauderhill Half-Cent Sales Tax BPA 2019 Lauderhill Half-Cent Sales Tax 2019 POS Current Version Lauderhill_Half-Cent 2019_Continuing Disclosure Certificate This Ordinance was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) XI RESOLUTIONS (IF NOT ON CONSENT AGENDA) REMOVE RESOLUTION NO. 19R-04-64 FROM THE TABLE. ITEM WAS TABLED APRIL 8, 2019. This item was removed from the table during Communications from the Public. A motion was made by Commissioner Campbell, seconded by Vice Mayor Bates, that this Resolution be removed from the table. The motion carried by the following vote: Yes: 5- Commissioner Berger, Commissioner Campbell, Commissioner Grant, Vice Mayor Bates, and Mayor Thurston Abstain: 0 4. RESOLUTION NO. 19R-04-64: A RESOLUTION OF THE CITY OF LAUDERHILL OBJECTING TO AND OPPOSING THE USE ON N.W. 44TH STREET AND N.W. 64TH AVENUE FOR INGRESS AND EGRESS TO THE RESIDENTIAL DEVELOPMENT PROPOSED BY THE DEVELOPER 13TH FLOOR WOODLANDS HB GP IN THE CITY OF TAMARAC; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY MAYOR KEN THURSTON). Attachments: RES-19R-04-64-Oppose Woodlands local roads access.pdf AR 19R-04-64 Woodlands Country Club Golf Course Redevelopment-Tamarac.pdf Tamarac-City Future Land Use Map.pdf Tamarac-Zoning Map.pdf Tamarac-Concept Plan.pdf RES 95R-199.pdf Commissioner Campbell congratulated his fellow Commissioners for enabling the discussion of what was a very important issue via their vote to remove the subject resolution from the table. The proposed residential development was a Tamarac project, and while Tamarac discussed the proposed residential development at City of Lauderhill Page 5 City Commission Meeting Meeting Minutes - Final July 8, 2019 numerous meetings, it was unfortunate that the subject Lauderhill resolution had been held up for so long, which he felt prevented the Lauderhill public and the Commission from voicing their concerns as to the effects on the City. He admitted to entering the discussion from a very biased point of view, understanding that Tamarac was a neighboring city with whom the City intended to continue having a good relationship. As to the subject development, he expected it to be extremely against the interest of the Lauderhill residents. In November 2018 when he was elected to the City Commission, he took an oath to represent the residents of Lauderhill and, therefore, he was very firm in his opposition to the subject development. Thus far, the results of all discussions pointed to the fact that the proposed residential development would severely impact Lauderhill residents, and he had no doubt as to the importance of the subject resolution in sending a very strong message to the City of Tamarac as to Lauderhill’s position. Though Lauderhill could not dictate how Tamarac should handle the issue regarding NW 44th Street, and NW 64th Avenue, it was not in the interest of Lauderhill residents for the proposed residential development to move forward as planned. Commissioner Campbell wished to remind everyone of some factual issues: 1) even without the Tamarac project, both 64th Avenue and 44th Street were already extremely, extremely congested; 2) two years prior, there was controversy over the building of an assisted living facility at the corner of NW 44th Street and Inverrary Boulevard, and one of the issues of concern was the possible traffic impact of that facility on existing congestion in the area. Though that project was approved, it had yet to be constructed, so any traffic impacts would be felt in the near future. Such matters had to be taken into consideration when examining the impacts of the proposed Tamarac residential development. He said the City was currently engaged in discussing other projects, one being beside the former Inverrary Hotel, where there was a possibility of residential apartments, and the impacts from such a development had yet to be taken into consideration. All such developments had to be included in any traffic study for realistic impacts to be determined. He asked City staff if there was any new information that could lead him to change his position regarding the proposed Tamarac development that would impact NW 64th Avenue and NW 44th Street in Lauderhill. If there was none, then nothing he heard to date convinced him that the Tamarac project was anything but extremely bad for the Lauderhill residents in the surrounding communities. City Manager Faranda answered no, City staff received no further information that would change their recommendation stated in the staff report contained in the backup. That is, the proposed Tamarac residential development with planned access onto NW 44th Street and NW 64th Avenue in Lauderhill would be detrimental to the Lauderhill residents in and around the area. He said staff had information as to developers proposing projects within Inverrary and other areas of the City that could impact traffic in a negative way, so any approvals of projects outside Lauderhill that impacted Lauderhill roadways were detrimental to any possible improvements in the City. In fact, the information City staff received to date strengthens their position of opposition to the ingress/egress of the Tamarac project onto those two Lauderhill roadways. Commissioner Campbell commented on three occasions the City Commission should have voted on the resolution indicating the City’s opposition, and the Commission was told to anticipate new information. He asked if that new information was forthcoming. City of Lauderhill Page 6 City Commission Meeting Meeting Minutes - Final July 8, 2019 City Manager Faranda restated City staff received no new information that changed their position recommending opposition to the Tamarac project’s ingress/egress plans. Commissioner Campbell asked if Mr. Faranda was aware of anyone in the City, including the members of the Commission, receiving new information they should share with the City Commission, staff and the public that would provide a very good reason for supporting the Tamarac project’s planned ingress/egress on Lauderhill’s two roadways. City Manager Faranda answered no, he was not aware of any. Commissioner Grant mentioned when the developer’s representatives of the Tamarac project came before the City Commission, they indicated studies to determine traffic impacts would take a few months, but she did not think any documents had been submitted to the City. City Manager Faranda affirmed no such documents had been submitted to the City, and it perplexed him that the City of Tamarac officials were voting on the proposed project before the results of such studies were provided. Thus, if the City Commission was asked to hold off voting on its resolution regarding the ingress/egress of the project to allow traffic impact studies, it seemed the City of Tamarac decision-makers should be doing the same. He said, intuitively, Lauderhill residents could see that if further traffic was added to existing traffic, it would not improve the already considerable congestion, and he did not know what study the City Commission and staff had to wait on that Tamarac did not have to wait on in order to vote on the project. Commissioner Campbell pointed out the subject resolution stated the City of Lauderhill’s position as being opposed to the subject Tamarac residential development, as it was previously and currently proposed. If the plans for the proposed development changed in the future, the City would then have a chance to change or reaffirm its position of opposition, as the resolution did not prevent further consideration by the City Commission if changes took place at a later time. He said the passing of the resolution had nothing to do with the City’s waiting for the possible provision of new information, and if and when new information was provided, the Commission would decide whether to revisit the matter based on any new information. Hope Calhoun, the representative for the developer of the proposed Tamarac residential development, stated the last time they came before the City Commission, they requested the Commission delay its consideration of the subject resolution for six months to allow the developer to conduct the appropriate traffic impact study. She said the City of Tamarac had a land use plan amendment traffic study, which City staff had been provided with, that spoke in generalities to the roadways’ capacities. Their last request to the City Commission for more time to conduct a traffic impact study was site plan specific, and that had yet to be done. Commissioner Campbell thought it was important to understand some of the issues that the subject residential project could result in, a project he understood City of Lauderhill Page 7 City Commission Meeting Meeting Minutes - Final July 8, 2019 was not particularly welcome by City of Tamarac area residents, who had expressed their opposition to an extent. He felt what was strange about the developer’s presentation was that he had the chance to speak to residents in the Woodlands community in Tamarac where the proposed residential development would be built, and where residents stated Woodlands Boulevard was in the center of the proposed development. He noted they said the proposed development would not affect the Woodlands’ residents’ way of life, and though there was the possibility of expanding Woodlands Boulevard, they found it unacceptable for additional traffic to pass through their lovely neighborhood. However, it was acceptable to dump the additional traffic generated by the proposed development onto Lauderhill’s roadways, which he found very insulting and unacceptable. Commissioner Campbell questioned what else the City needed to hear to communicate as loudly as possible that the City would not tolerate such an action by Tamarac and the proposed developer. Mayor Thurston opened the discussion to the public. Jeffrey Shapiro, 6104 Orchard Tree Lane, Woodlands, Tamarac, Florida, stated he lived in Section 8 of the Woodlands, which backed up to NW 44th Street, and he agreed with Commissioner Campbell as to the existing heavy congestion along NW 44th Street, which he witnessed daily from his backyard. He was opposed to the proposed residential development, and the City of Tamarac had yet to vote to approve the changing of the land use, though there was a hearing on July 10, 2019. The developer’s attempt to build some 400 units would exacerbate the already heavy traffic congestion, and he supported the City Commission voting not to allow access to NW 64th Avenue and NW 44th Street into Lauderhill. He saw no logical way for the City of Tamarac to allow an additional 400 homes into the existing community, as they would not have proper emergency vehicle access. Sarai Martin, 1148 NW 44th Avenue, Lauderhill, Florida, chairman of the Lauderhill Community & Budget Advisory Board, stated their board was comprised of members representing all areas of Lauderhill. The Board asked him to attend the Commission meeting to convey their strong opposition to the City allowing the proposed Tamarac resident development to access NW 44th Street and NW 64th Avenue in Lauderhill. Tom Harney, president of the Inverrary Association, Lauderhill, representing over 6,000 homes, commented their community would be drastically affected by the impacts of the proposed Tamarac project. The City should not be bought off by the developer’s offering to build extra turn lanes, as if residents needed an extra turn lane on NW 44th Street, they could sit with City staff to figure out how to make it happen. He pointed out that where the developer proposed dumping the traffic of their new development was also the location of going onto Inverrary Drive where there were numerous school children and bus stops. It was already an area not designed for children, so adding even more vehicular traffic created greater safety hazards. He urged the Commission to vote for the resolution, as it opposed the proposed development’s plans for ingress/egress onto Lauderhill’s roadways. Elaine Gatsos, legal representative for the Inverrary Association, mentioned at an earlier meeting the Inverrary Association voted unanimously to oppose the Woodlands project, and each City Commissioner received correspondence from City of Lauderhill Page 8 City Commission Meeting Meeting Minutes - Final July 8, 2019 her indicating this vote. Nothing had changed regarding the subject development since its first presentation to the Commission, as affirmed by the City Manager, showing the project would not dump its traffic onto Lauderhill’s roadways. She said the City of Lauderhill would get no benefit from the proposed project in Tamarac, rather there would only be negative impacts to the City’s roadways and residents by adding more traffic and the hazards that brought. Along with school children and buses, there were golf carts crossing Inverrary Drive, and adding more vehicular traffic from Tamarac would only increase the likelihood of traffic accidents. Evan Bent, resident near NW 44th Street, Lauderhill, questioned what was being done to alleviate the existing traffic congestion and speeding vehicles along that roadway. He said it sometimes took him half an hour to leave his complex and get onto NW 44th Street. Yechezkel Rodal, 4833 NW 66th Avenue, Forest Lakes, Lauderhill, stated the only way in and out of his community was NW 64th Avenue, which was a narrow, one-lane in each direction street and was already an exit/entry for another community. Adding more homes would make living in the two existing communities extremely difficult, and the increase in traffic over the last five years caused it to take a long time to get to Commercial Boulevard. He had no need for a traffic study, as he did a daily traffic study by observing the existing traffic congestion. Regarding the traffic impacts of the proposed development, Lauderhill was home to a growing Orthodox Jewish community, so on Friday evenings and Saturdays they walked and did not use their cars. This was very concerning, particularly at the corners of Inverrary Boulevard and NW 44th Street where two synagogues were located, and the area was already home to hundreds of Orthodox Jews. He felt sure any traffic study done would not take into account the level of pedestrian traffic in those areas, particularly on Fridays and Saturdays when numerous adults and children walked along the roadways. The future assisted living facility coming to the area would further be impacted by the proposed Tamarac development, so he implored the Commission to ensure these factors were taken into consideration in any traffic study of the area conducted by any entity. He said there were water drainage issues the City of Tamarac was not dealing with, as the existing drainage was inadequate, and this would further impact his community and other Lauderhill communities. As Commissioner Campbell stated, the subject resolution was not set in stone and could be revisited, but it served to clearly communicate the City of Lauderhill’s opposition to what was currently being proposed by the developer of the subject Tamarac residential project. He urged the City Commission, on behalf of the Forest Lakes Estate Homeowners Association and he, to pass the subject resolution, showing that the City would stand up for its citizens. Tyson Jones, 4870 NW 65th Avenue, Forest Lakes, Lauderhill, echoed the sentiments of opposition voiced by previous speakers, stating there was something else intrinsic in the matter of discussion. In looking at the number of units the developer proposed building on the designated acres of land, they far exceeded the maximum holding capacity, and it was part of the flood zone for NW 64th Avenue. He realized the proposed development had to go before the County Commission for approval of a land use change, so he encouraged the City Commission and staff to put as much emphasis on the City’s opposition to the development, including the passing of the subject resolution. City of Lauderhill Page 9 City Commission Meeting Meeting Minutes - Final July 8, 2019 Ms. Calhoun stated the developer heard and understood the City Commission’s, staff’s and the residents’ concerns. She said the Tamarac Planning & Zoning Board made a recommendation of approval for the land use change, but nothing had gone before the Tamarac City Commission or County Commission to date. There was still a long way to go in the process, as she repeatedly said each time she came before the City Commission. She claimed the way the subject ordinance read did not give the developer an opportunity to return before the City Commission if there were future changes that might alter the City’s opposition. While she recognized and understood the City Commission’s position, and if the resolution was to be passed, she wished to offer an amendment that if and when new information was presented, whether by City staff, the developer, or Tamarac, at the appropriate time, the resolution and the City’s opposition could be reevaluated as to the developer’s using NW 44th Street and NW 64th Avenue roadways. She could meet with Mr. Hall to draft the amended language. Commissioner Campbell remarked Ms. Calhoun’s understanding of the subject resolution and his comments made earlier in the meeting might be incorrect; his position was that he was opposed to any attempt at any time, now or in the future, of the developer to dump any traffic generated by the proposed residential development in Tamarac onto NW 44th Street and NW 64th Avenue. However, if the developer, hypothetically, later proposed an overpass straight to Rock Island Road above NW 44th Street, he might be inclined to look at the matter again. From his perspective, there was nothing the developer could present to the City that involved using the two abovementioned roadways for ingress/egress that would change his mind. He said his concept of a Plan B included using Woodlands Boulevard, some direct roadway link to Rock Island Road, etc. In fact, he had no opposition to the proposed project, as long as it had no impact on Lauderhill’s residents and surrounding Lauderhill roadways. Ms. Calhoun pointed out section two of the resolution stated what other speakers recognized without a traffic study; that is, the proposed development would severely impact already congested roads in the City of Lauderhill. She believed the Commission’s decision should be based on evidence provided by a traffic study, and while some people might not like the outcome of the traffic study, she urged the Commission to wait on the results of the traffic study before voting on the resolution as it was currently drafted. The way the resolution was currently drafted, if passed by the Commission, it would hinder the developer’s ability to evaluate those roadways and determine how any remedy they proposed would mitigate the traffic impacts of their proposed development. Vice Mayor Bates questioned if the resolution were passed with its current language by the Commission at the present meeting, would it prevent the Commission from considering new information brought to them at a later date. City Attorney Hall affirmed the City Commission was at liberty to revisit the matter under Robert’s Rules of Order. Commissioner Berger sought clarification that the Commission could revisit the matter of discussion at a later time if new information came to light without amending the subject resolution’s language before approving it. City of Lauderhill Page 10 City Commission Meeting Meeting Minutes - Final July 8, 2019 City Attorney Hall answered yes, the Commission could either start with a new resolution or subsequently amend the current resolution. City Manager Faranda suggested the City Commission not amend the language of the subject resolution, given that the Commission had the option to revisit the matter of discussion and related resolution at any time it sees fit. Tamarac’s Planning & Zoning Board approved the proposed development’s land use change without the benefit of any traffic study, because they knew the traffic impacts would be on the Lauderhill roadways. Hence, he saw no need to amend the resolution’s language. Ms. Calhoun stated there was a traffic study, though it was not site specific, that the Tamarac Planning & Zoning Board included in their decision to approve the developer’s land use change application. City Manager Faranda responded, with all due deference, it was for this reason City staff recommended the Commission approve the subject resolution as is. Commissioner Campbell reiterated there were numerous Lauderhill projects slated for the future, and he respected Ms. Calhoun’s position of negotiating on behalf of the developers of the Tamarac project. However, it was clear that the developer’s interests were separate from those of the City, and the City’s interest was protecting the residents of Lauderhill, and amending the language of the resolution to legally suit the developer was not the City’s concern. Ms. Calhoun remarked on also being the legal representative of the developer for the Inverrary hotel in Lauderhill, and both her clients were aware of each other’s developments, and their traffic engineers were talking, so no one was operating in a vacuum. She reiterated the reason for their requested amendment was to ensure that the City Commission made its decision with full information, hence their thinking the resolution being premature, as it was currently worded. Commissioner Grant understood Ms. Calhoun’s position on her client’s behalf, but City Attorney Hall already assured the Commission that, regardless of their passing the subject resolution as is, they could revisit the resolution and the matter of discussion at any time in the future. Ms. Calhoun continued to protest, stating if the Commission passed the resolution as is, she had to tell her clients the City Commission passed the resolution without an evaluation of the traffic impacts of their development on 64th Avenue and 44th Street. Vice Mayor Bates pointed out that Ms. Calhoun’s client had no idea what would happen when either the Tamarac City Commission or the Broward County Commission voted. Ms. Calhoun restated her client just desired the opportunity to explore all avenues first, and if the subject resolution passed, they felt it would shut down such opportunities. Commissioner Berger asked if the developer considered using Rock Island Road, City of Lauderhill Page 11 City Commission Meeting Meeting Minutes - Final July 8, 2019 as most of the potential residents would need to access the I-95 and the Turnpike. Ms. Calhoun stated there was an access to Rock Island Road. Commissioner Berger stated there needed to be more than one access or the developer could enhance that existing access to Rock Island Road. Ms. Calhoun restated that her client was exploring all access way options, and they recognized the concerns of the Lauderhill Commission, staff and residents, and her client was not trying to bypass anyone or skip any steps, or be inconsiderate of anyone’s concerns. She again said they only desired an opportunity to further explore options and would keep the lines of communication open, as the developer, 13th Floor, held numerous community meetings, so they were very open to conversation. The requested amendment to the language of the resolution to provide the developer further opportunities for exploration of the impacts of their development would not send a bad signal, rather, it gave them the chance to come back to the City Commission to present the full results of those explorations. A motion was made by Commissioner Campbell, seconded by Vice Mayor Bates, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner Berger, Commissioner Campbell, Commissioner Grant, Vice Mayor Bates, and Mayor Thurston Abstain: 0 5. RESOLUTION NO. 19R-07-123: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN BROWARD COUNTY AND THE VARIOUS PARTICIPATING MUNICIPALITIES REGARDING COLLABORATIVE STUDY AND SUBSEQUENT DEVELOPMENT OF AN INTEGRATED SOLID WASTE AND RECYCLING SYSTEM; PROVIDING TERMS AND CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-19R-07-123-Agrmt-MOU-BCC.pdf AR 19R-07-123 2019-05-24 Solid Waste MOU_FINAL (1).pdf MOU memo00051220190618112004.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 6. RESOLUTION NO. 19R-07-124: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO CONTINUE DEVELOPMENT OF BIKE/MOBILITY IMPROVEMENTS ALONG OAKLAND PARK BOULEVARD FROM CANAL 20 TO ROCK ISLAND ROAD; FURTHER EXPRESSING THE CITY’S INTENT TO TAKE OVER MAINTENANCE OF THE BIKE/MOBILITY IMPROVEMENTS WITHIN THE City of Lauderhill Page 12 City Commission Meeting Meeting Minutes - Final July 8, 2019 CITY AFTER THE COMPLETION OF THE PROJECT; PROVIDING FOR AN EFFECTIVE DATE (REQUEST BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-19R-07-124-FDOT Bike Path Oakland Park Blvd. Project Reso.pdf AR 19R-07-124 MPO Bike Path Master Plan Sketch - Oakland Park Blvd- Lauderhill.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 7. RESOLUTION NO. 19R-07-125: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR THE DISBURSEMENT OF HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS FOR FISCAL YEAR 2018-2019; PROVIDING FOR THE DISBURSEMENT OF FUNDING IN THE AMOUNT OF $108,042.00 FOR THE PURCHASE ASSISTANCE PROGRAM TO QUALIFIED PARTICIPANTS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA) Attachments: RES-19R-07-125-Agrmt-HOME Purchase Assistance Program.pdf AR 19R-07-125 FY 2018-2019 HOME PURCHASE ASSISTANCE ILA FY 2018-2019 HOME HOUSING ASSISTANCE PLAN FY 2018-2019 CDBG AND HOME ADVERTISEMENT This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 8. RESOLUTION NO. 19R-07-126: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR THE DISBURSEMENT OF HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) FUNDS FOR FISCAL YEAR 2018-2019; PROVIDING FOR THE DISBURSEMENT OF FUNDING IN THE AMOUNT OF $108,042.00 FOR THE HOUSING REHABILITATION PROGRAM TO QUALIFIED PARTICIPANTS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA) Attachments: RES-19R-07-126-Agrmt-HOME Housing Rehab Program.pdf AR 19R-07-126 FY 2018-2019 HOME REHABILITATION ILA FY 2018-2019 HOME HOUSING ASSISTANCE PLAN FY 2018-2019 CDBG AND HOME ADVERTISEMENT This Resolution was approved on the Consent Agenda. (See Consideration of City of Lauderhill Page 13 City Commission Meeting Meeting Minutes - Final July 8, 2019 Consent Agenda for vote tally.) 9. RESOLUTION NO. 19R-07-127: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL ADOPTING THE LOCAL HOUSING ASSISTANCE PLAN (LHAP) FOR FISCAL YEARS 2019-2022 AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM ACT, FLORIDA STATUTES, SECTIONS 420.907-420.9079 AND FLORIDA ADMINISTRATIVE CODE RULE CHAPTER 67-37; AUTHORIZING AND DIRECTING THE MAYOR OR APPROPRIATE OFFICIALS 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; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-19R-07-127-SHIP-LHAP 2019-22.pdf AR 19R-07-127 FINAL SHIP LHAP 2019-2022 This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 10. RESOLUTION NO. 19R-07-128: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE CITY OF LAUDERHILL’S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROPOSED FIFTH-YEAR 2019-2020 ANNUAL ACTION PLAN AND FUNDING ALLOCATION OF $719,672.00; AUTHORIZING THE CITY MANAGER TO SUBMIT THE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-19R-07-128-CDBG Annual Action Plan 2019-20.pdf AR 19R-07-128 FY 2019-2020 PROPOSED ACTION PLAN FY 2019 CDBG AND HOME ADVERTISEMENT This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 11. RESOLUTION NO. 19R-07-129: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL WAIVING THE COMPETITIVE BIDDING REQUIREMENTS; APPROVING THE SOLE SOURCE DESIGNATION OF FARO TECHNOLOGIES, INC. AS THE SOLE DEVELOPER, MANUFACTURER AND PROVIDER OF FARO FOCUS LASER SCANNERS AND EQUIPMENT FOR USE BY THE POLICE DEPARTMENT; AUTHORIZING THE PURCHASE IN AN City of Lauderhill Page 14 City Commission Meeting Meeting Minutes - Final July 8, 2019 AMOUNT NOT TO EXCEED $91,506.45 FROM FEDERAL FORFEITURE FUNDS BUDGET CODE NUMBER 110-683-09936 CONSISTENT WITH RESOLUTION NO. 19R-05-85; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-19R-07-129-Sole Source - Faro Technologies.pdf AR 19R-07-129 Pages from FARO Tech PO Backup.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 12. RESOLUTION NO. 19R-07-130: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE APPOINTMENT BY THE LAUDERHILL RECREATION ADVISORY BOARD OF JESSICA COUTAIN TO SERVE AS A FIRST ALTERNATE MEMBER OF THE BOARD FOR THE REMAINDER OF A TERM EXPIRING NOVEMBER 2020; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-19R-07-130-BRD-Recreation Advis approve Brd appts.pdf AR 19R-07-130 Recreation Advisory Board List May 22, 2019 - Recreation Advisory Board Minutes Jessica Coutain - Board Application Resume This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 13. RESOLUTION NO. 19R-07-131: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE OPTION TO EXTEND THE RECYCLING AGREEMENT WITH WASTE MANAGEMENT OF FLORIDA, INC. FOR THE TWO (2) YEAR TERM EXPIRING JULY 31, 2021; PROVIDING TERMS AND CONDITIONS; PROVIDING THAT NO OPTIONS TO RENEW REMAIN; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA) Attachments: RES-19R-07-131-Agrmt-Extend Recycling Services.pdf AR 19R-07-131 WM Extension_Recycling_06 27 19 Executed.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 14. RESOLUTION NO. 19R-07-132: A RESOLUTION OF THE CITY OF LAUDERHILL ACCEPTING THE BID (RFP# 2019-042) FROM WEST CONSTRUCTION FOR WEST KEN LARK PARK DESIGN BUILD RENOVATION WORK AS PART OF THE GENERAL OBLIGATION BOND City of Lauderhill Page 15 City Commission Meeting Meeting Minutes - Final July 8, 2019 IMPROVEMENT PROJECTS; PROVIDING FOR PAYMENT IN AN AMOUNT NOT TO EXCEED $2,642,366.00 FROM BUDGET CODE NUMBER 307-329-06212; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-19R-07-132-bid-West Construction - WKL Park.pdf AR 19R-07-132 ORIGINAL FILE NOTIFICATION.(002).pdf WEST CONSTRUCTION COST.pdf Purchasing Memo_West Ken Lark Park This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 15. REMOVED 16. RESOLUTION NO. 19R-07-134: A RESOLUTION APPROVING A BUDGET ADJUSTMENT FOR THE FIRE DEPARTMENT TO PURCHASE NEW TECHNOLOGY FOR THE EMERGENCY OPERATIONS CENTER (EOC); PROVIDING FOR TRANSFER AND PAYMENT IN THE AMOUNT OF $8,461.00 FROM BUDGET CODE NUMBER 001-614-4610; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-19R-07-134-Budget Adjustment -EOC Technology.pdf AR 19R-07-134 BA EOC FIRE.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 17. RESOLUTION NO. 19R-07-135: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL WAIVING COMPETITIVE BIDDING REQUIREMENTS; APPROVING THE PURCHASE OF THE FIRE STATION ALERTING (FSA) SYSTEM FROM KEYLITE POWER & LIGHTING CORP. AS A COOPERATIVE PURCHASE BASED UPON THE BROWARD COUNTY BID (RFP R1426611P1) IN THE AMOUNT OF $59,957.03; PROVIDING FOR PAYMENT FROM BUDGET CODE NUMBER 190-351-06440; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-19R-07-135-PIGGY-Broward County fire station alert -Keylite AR 19R-07-135 ORIGINAL FILE NOTIFICATION.(002).pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 18. RESOLUTION NO. 19R-07-136: A RESOLUTION OF THE CITY City of Lauderhill Page 16 City Commission Meeting Meeting Minutes - Final July 8, 2019 COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE LIST OF QUALIFIED LICENSED REPAIR DEALERS IN RESPONSE TO RFQ #2019-028 FLEET MAINTENANCE AND REPAIR SERVICES; PROVIDING FOR PAYMENT FROM BUDGET CODE NUMBER 001-138-04360 ON AN AS NEEDED BASIS; PROVIDING FOR AN EFFECTIVE DATE, (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-19R-07-136-List-Qualified -Fleet Maint Repair.pdf AR 19R-07-136 ORIGINAL FILE NOTIFICATION.(002).pdf PLANTATION .pdf AAMCO.pdf POMPANO AUTOMOTIVE.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 19. RESOLUTION NO. 19R-07-137: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE EXPENDITURE OF FEDERAL FORFEITURE FUNDS IN THE TOTAL AMOUNT NOT TO EXCEED $23,555.00 TO THE SOLE SOURCE PROVIDER DNA LABS INTERNATIONAL FOR THE SPECIALIZED PROCESSING OF DNA EVIDENCE NECESSARY FOR AN ON GOING INVESTIGATION; WAIVING COMPETITIVE BIDDING REQUIREMENTS; PROVIDING FOR PAYMENT FROM BUDGET CODE NUMBER 110-683-09936; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-19R-07-137-FFF-piggy & expenditure DNA Labs.pdf AR 19R-07-137 FFF-DNA lab testing-SAdmin-KM_C19062710530.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) XII QUASI-JUDICIAL MATTERS (IF NOT ON CONSENT AGENDA) XIII QUASI-JUDICIAL MATTERS, FIRST READING XIV QUASI-JUDICIAL MATTERS, SECOND READING XV UNFINISHED BUSINESS XVI OLD BUSINESS City of Lauderhill Page 17 City Commission Meeting Meeting Minutes - Final July 8, 2019 XVII NEW BUSINESS XVIII COMMUNICATIONS FROM PUBLIC OFFICIALS AT 9:00 PM, OR IMMEDIATELY BEFORE ADJOURNMENT, WHICHEVER SHALL FIRST OCCUR. IF AN ITEM OF LEGISLATION IS BEING DISCUSSED AT 9:00 PM, THE CHAIR MAY DELAY THESE COMMUNICATIONS UNTIL AFTER THE ITEM OF LEGISLATION HAS BEEN RESOLVED. Commissioner Campbell stated the Lauderhill youth track team, the Cheetahs, recently participated in a track and field meet, and seven of the City’s youths would go on to the Junior Olympics taking place in North Carolina. He hoped when the Commission resumed meeting after the summer break, the team members could be invited, so the Commission could publicly recognize their achievements. August was to be an active month; on the third and fourth of August an international cricket event would take place at the Broward County Regional Park between India and the West Indies. On August 4th, Flag Day would take place at the Lauderhill Sports Complex in the afternoon; it would be a cultural event that would include sports and other fun activities. Vice Mayor Bates reminded everyone the budget hearing would take place on the morning of August 9, 2019. She wished her fellow Commissioners and everyone a very restful summer break, and safe travel for those who would be traveling. Mayor Thurston noted one of the artists who was recognized but absent to accept his award earlier in the meeting was now present; he paused to present that award. Commissioner Berger reminded everyone that on the coming Friday morning the Lauderhill Regional Chamber of Commerce’s next networking breakfast would take place at 7:30 a.m. at the Chateau Mar Golf Resort. The theme of the breakfast would be the business of sports, and presenters included representatives from the Miami Super Bowl Host Committee, the Miami Heat Charitable Fund, and Florida Panthers vice president of marketing; he encouraged the City’s businesses to attend. He reminded everyone to attend the City’s budget hearing Tuesday, July 9, 2019, at 9:30 a.m. in the Commission Chambers, as this would be the last opportunity to make changes to the budget for the upcoming fiscal year. Commissioner Grant stated on June 29, 2019, an amazing concert event took place at the Lauderhill Performing Arts Center (LPAC), featuring Jamaican music artists Marcia Griffiths and Freddie McGregor. It was a sold-out, City-sponsored event, of which the City was extremely proud, and elected officials from the City and other Broward cities attended, as well as the Jamaican Consul General. She urged everyone to have a safe and restful summer vacation. City Manager Faranda wished everyone a safe and happy summer. Mayor Thurston mentioned that the advanced grant-writing seminar would take place on Wednesday, July 17, 2019, at 6:00 p.m. at City Hall. He was pleased to acknowledge the presence of two members of the Lauderhill Regional Chamber of Commerce. City of Lauderhill Page 18 City Commission Meeting Meeting Minutes - Final July 8, 2019 XIX ADJOURNMENT - 8:48 PM City of Lauderhill Page 19