City Commission Meeting

City of Lauderhill City Hall 5581 W. Oakland Park Blvd. Lauderhill, FL, 33313 www.lauderhill-fl.gov Meeting Minutes - Final Monday, February 24, 2020 7:00 PM City Commission Chambers City Commission Meeting LAUDERHILL CITY COMMISSION Mayor Ken Thurston Vice Mayor Howard Berger Commissioner M. Margaret Bates 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 February 24, 2020 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 M. Margaret Bates,Vice Mayor Howard Berger,Commissioner Richard Campbell,Commissioner Denise D. Grant, and Mayor Ken Thurston ALSO PRESENT: Desorae Giles-Smith, Deputy City Manager Earl Hall, City Attorney Constance Stanley, Police Chief Andrea M. Anderson, City Clerk III PLEDGE OF ALLEGIANCE TO THE FLAG FOLLOWED BY GOOD AND WELFARE HOUSEKEEPING A motion was made by Vice Mayor Berger, seconded by Commissioner Bates, to ACCEPT the Final-Revised Version of the City Commission Meeting Agenda for February 24, 2020. The motion carried by the following vote: Yes: 5- Commissioner Bates, Vice Mayor Berger, Commissioner Campbell, Commissioner Grant, and Mayor Thurston Abstain: 0 IV CONSIDERATION OF CONSENT AGENDA A motion was made by Commissioner Bates, seconded by Commissioner Grant, that this Consent Agenda was approved. The motion carried by the following vote Yes: 5- Commissioner Bates, Vice Mayor Berger, Commissioner Campbell, Commissioner Grant, and Mayor Thurston Abstain: 0 V APPROVAL OF MINUTES A. Minutes of the City Commission for January 27, 2020. City of Lauderhill Page 1 City Commission Meeting Meeting Minutes - Final February 24, 2020 Attachments: January 27, 2020 - City Commission Meeting Minutes These Minutes were approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) B. Minutes of the City Commission for February 10, 2020. Attachments: February 10, 2020 - 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 VIII GENERAL PRESENTATIONS (5 MINUTES MAXIMUM) A. A PRESENTATION OF MLK 2020 SPONSORSHIP DONATION FROM JIM GORANT (REQUESTED BY COMMISSIONER M. MARGARET BATES). B. A CENSUS 2020 PRESENTATION (REQUESTED BY COMMISSIONER M. MARGARET BATES). IX ORDINANCES & PUBLIC HEARINGS - FIRST READING (NOT ON CONSENT AGENDA) (AS ADVERTISED IN THE SUN-SENTINEL) 1. ORDINANCE NO. 20O-02-109: AN ORDINANCE AMENDING THE CITY OF LAUDERHILL CODE OF ORDINANCES, CHAPTER 2, ADMINISTRATION, ARTICLE II, OFFICERS AND EMPLOYEES, DIVISION 3, RETIREMENT, PART 2, GENERAL EMPLOYEES PENSION FUND, SECTION 2-73, DEFERRED RETIREMENT OPTION PLAN; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Attachments: ORD-20O-02-109-Code 2-73-Gen Pension Proposed DROP Ordinance.pdf AR 20O-02-109 City Attorney Hall mentioned Mr. Hobbs said in the proposed amendment to the text of the language in section 2 73, the draft before the Commission had a strike through in a phrase that read: “…and is based upon the eligibility for normal service retirement.” It was staff’s intent to leave that phrase in the subject ordinance, so he asked the Commission to first amend the ordinance, removing the strike through of that language, so it remained in the ordinance. Mayor Thurston opened the discussion to the public and received no input. Commissioner Bates made a motion to Amend Ordinance #20O 02 109, as stated above by the City Attorney, seconded by Vice Mayor Berger. The vote was as follows: City of Lauderhill Page 2 City Commission Meeting Meeting Minutes - Final February 24, 2020 Commissioner Bates Yes Vice Mayor Berger Yes Commissioner Campbell Yes Commissioner Grant Yes Mayor Thurston Yes A motion was made by Commissioner Bates, seconded by Commissioner Grant, that this Ordinance be approved as amended on first reading to the City Commission Meeting, due back on 3/9/2020. The motion carried by the following vote: Yes: 5- Commissioner Bates, Vice Mayor Berger, Commissioner Campbell, Commissioner Grant, and Mayor Thurston Abstain: 0 2. ORDINANCE NO. 20O-02-110: AN ORDINANCE APPROVING AN APPROPRIATION OF REVENUE AND EXPENDITURE FUNDS IN FISCAL YEAR 2020 ; APPROVING AN INTERDEPARTMENT BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $173,047.00, A CAPITAL BUDGET ADJUSTMENT IN THE TOTAL AMOUNT OF $369,435.00 AND A SUPPLEMENTAL APPROPRIATION IN THE TOTAL AMOUNT OF $36,935.00 REFLECTING APPROPRIATE ADJUSTMENTS TO VARIOUS REVENUE AND EXPENDITURE ACCOUNTS; PROVIDING VARIOUS BUDGET CODE NUMBERS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: AMENDED ORD-20O-02-110-Ord-Budget Adjustment & Appropriation FY 2020 #2.pdf AR 20O-02-110 capital 5 This Ordinance was approved on the Consent Agenda on first reading to the City Commission Meeting, due back on 3/9/2020. (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. 20O-02-106: AN ORDINANCE OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS PERTAINING TO A VARIETY OF USES; AMENDING SCHEDULE A., LAND USE CLASSIFICATIONS BY ADDING FOOD DISTRIBUTION CENTER AND SCRAP METAL PROCESSING PLANT; AMENDING SCHEDULE B., ALLOWABLE USES, SECTION 2., USES ALLOWED IN NONRESIDENTIAL DISTRICTS, BY ADDING FOOD DISTRIBUTION CENTER AND SCRAP METAL PROCESSING PLANT; PROVIDING FOR FINDINGS AND CONCLUSIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR AN City of Lauderhill Page 3 City Commission Meeting Meeting Minutes - Final February 24, 2020 EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: ORD-20O-02-106-Feeding Center and Scarp Metal Yard.pdf AR 20O-02-106 DRR Feeding Center and Scrap Metal Yard Definition.pdf This Ordinance was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 4. ORDINANCE NO. 20O-02-107: AN ORDINANCE OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS PERTAINING TO NONCONFORMING SITES; AMENDING ARTICLE III, ZONING DISTRICTS, SECTION 6.5, OFF-STREET PARKING STANDARDS AND REQUIREMENTS; AMENDING SCHEDULE G, MINIMUM AUTOMOBILE OFF-STREET PARKING REQUIREMENTS, SECTION 1.1.5, GENERAL REQUIREMENTS; AMENDING SCHEDULE J, LANDSCAPE INSTALLATION IRRIGATION AND MAINTENANCE STANDARDS AND REQUIREMENTS, PART 3.0, RELIEF FROM THE LANDSCAPE STANDARDS AND REQUIREMENTS, SECTION 3.2, NONCONFORMINGPARKING LOTS; PROVIDING FOR FINDINGS AND CONCLUSIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: ORD-20O-02-107-Ordinance Nonconforming parking.pdf AR 20O-02-107 DRR-Noncomforming Parking CT.pdf This Ordinance was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 5. ORDINANCE NO. 20O-02-108: AN ORDINANCE OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS REGARDING PRE-EXISTING GOLF COURSE AND GOLF DRIVING RANGE USES WITHIN THE CR AND S-1 ZONING DISTRICTS; AMENDING ARTICLE III, ZONING DISTRICTS, SECTION 3.5, RECREATION ZONING DISTRICTS; SUBSECTION H, SPECIAL REGULATIONS, TO ADD PRE-EXISTING GOLF COURSE AND GOLF DRIVING RANGE USES; AMENDING ARTICLE III, ZONING DISTRICTS, CREATING SECTION 5.54, PRE-EXISTING GOLF COURSE AND GOLF DRIVING RANGE USES; PROVIDING FOR FINDINGS AND CONCLUSIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). City of Lauderhill Page 4 City Commission Meeting Meeting Minutes - Final February 24, 2020 Attachments: ORD-20O-02-108-Ordinance Golf Remediation FINAL.pdf AR 20O-02-108 DRR-Golf Remediation.pdf This Ordinance was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) XI RESOLUTIONS (IF NOT ON CONSENT AGENDA) 6. RESOLUTION NO. 20R-02-52: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPOINTING VARIOUS MEMBERS OF THE CITY OF LAUDERHILL YOUTH COUNCIL BY INDIVIDUAL CITY COMMISSIONERS AS INDICATED TO SERVE FOR THE REMAINDER OF A ONE (1) YEAR TERM EXPIRING NOVEMBER 2020; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-20R-02-52-BRD-Youth Council 2020 #2.pdf AR 20R-02-52 Youth Council List Mitchell, Duane Callwood , Kymora This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 7. RESOLUTION NO. 20R-02-53: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL AUTHORIZING A CHANGE ORDER TO ENCO, LLC. IN AN AMOUNT NOT TO EXCEED $396,075.00 FOR THE DESIGN CHANGE OF N.W. 47TH AVENUE IMPROVEMENTS AND THE EXISTING CONDITION OF THE UNDERGROUND UTILITIES ALONG N.W. 47TH AVENUE; PROVIDING FOR PAYMENT FROM THE APPROPRIATE BUDGET CODE NUMBERS 401-917-6452 AND 450-925-6525; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-20R-02-53-change order - Enco N.W. 47th Ave.pdf AR 20R-02-53 Change Order No. 1 - ENCO LLC - NW 47th Avenue (2).pdf Commissioner Bates asked staff for a short synopsis of the proposed changes, as she had no wish to be bombarded by questions from residents. City Engineer Martin Cala responded the location of the roundabouts were on NW 12th and NW 16th, and those intersections were completed and there were no additional roundabouts. There were other changes to accommodate some water main changes, as the pipes were old and had asbestos, so they would be City of Lauderhill Page 5 City Commission Meeting Meeting Minutes - Final February 24, 2020 abandoned, and new ones were being installed. Commissioner Bates sought clarification the old pipes would remain in place and new ones would be installed elsewhere. Mr. Cala answered correct. Commissioner Bates wished to affirm this meant there would be no pipes breaking, etc. Mr. Cala said none of the newly installed underground pipes would break. Commissioner Campbell mentioned a number of questions came up while the subject construction was taking place; for example, would the broken walkways, etc., be repaired, as on the second street from south, possibly NW 11th Court or Street, a resident complained the subject construction destroyed the sidewalk and swales. Mr. Cala replied, as the project progressed, City staff was addressing all the sidewalks, swales and grassed areas. A motion was made by Commissioner Bates, seconded by Commissioner Grant, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner Bates, Vice Mayor Berger, Commissioner Campbell, Commissioner Grant, and Mayor Thurston Abstain: 0 7A. RESOLUTION NO. 20R-02-54: A RESOLUTION OF THE CITY OF LAUDERHILL APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF LAUDERHILL AND LIMOUSINES OF SOUTH FLORIDA, INC. FOR THE OPERATION AND MAINTENANCE OF TRANSIT BUS SERVICE; PROVIDING FOR PAYMENT IN AN AMOUNT NOT TO EXCEED $740,000.00 FROM BUDGET CODE NUMBER 001-718-03150; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: AMENDED-RES-20R-02-54-Agrmt-professional service -Limo of So Fla transit 2020.pdf AR 20R-02-54 FINAL RANKING RFP 2020-015 COMMUNITY SHUTTLE BUS SERVICE.pdf Pages from LSF.pdf ORIGINAL FILE NOTIFICATION.(002).pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 7B. RESOLUTION NO. 20R-02-56: A RESOLUTION APPROVING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF LAUDERHILL City of Lauderhill Page 6 City Commission Meeting Meeting Minutes - Final February 24, 2020 AND BROWARD COUNTY FOR BROWARD COUNTY STAFF SERVICES IN CONNECTION WITH HEARINGS BEFORE THE UNSAFE STRUCTURES BOARD ON AN AS NEEDED BASIS; PROVIDING FOR TERMS AND CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, CHARLES FARANDA). Attachments: RES-29R-02-56-ILA-Broward County Unsafe Structures Board Agrmt.pdf AR 20R-02-56 Lauderhill Unsafe Structures Board Agrmt FINAL 2-19-20.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) 8. RESOLUTION NO. 20R-02-55: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING THE SPECIAL EXCEPTION USE DEVELOPMENT ORDER TO SOUTH FLORIDA CUSTOMZ, SUBJECT TO CONDITIONS, TO ALLOW IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT AN OFFICE, AUTOMOTIVE REPAIR USE ON A 0.51± ACRE SITE LEGALLY DESCRIBED AS PROVIDED HEREIN, AS RECORDED IN THE OFFICIAL PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA AT BOOK 31, PAGE 49, AND MORE COMMONLY KNOWN AS 1391 N.W. 31ST AVENUE, LAUDERHILL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Attachments: RES-20R-02-55-Special X - South Florida Customz.pdf AR 20R-02-55 DRR (20-SEU-004) South Florida Customz A. SEU Application South Florida Customz B. Site Plan South Florida Customz C. Floor Plan South Florida Customz D. Site Photos 1391 NW 31st Ave E. Inventory of Fixtures and Equipment South FLorida Customz F. Signed Affidavit of Conditions South Florida Customz Commissioner Bates disclosed she spoke with the building owner, Don Bailey. She sought clarification, as Mr. Bailey’s letter to the City said he was requesting a special exception use for boutique-type operations to sell sound systems, new tires and custom wheels, and that the use would not require any hazardous fluids or engage in traditional automotive repairs or service. Thus, the use would be much lighter and cleaner. She wished to know what in the City’s code constituted automotive repair uses, as it was unclear the subject new business would be doing oil changes or other activities considered as automotive repair in the City’s code. City Planner Chris Torres responded, under the City code, automotive repair uses were broken down into indoor and outdoor activities, but, for the most part, City of Lauderhill Page 7 City Commission Meeting Meeting Minutes - Final February 24, 2020 automotive repairs encompassed light maintenance and any type of major repair. The applicant specified, however, that their limitation of uses would just be for tire and wheel installations and sound systems, which staff drew attention to in their report, and the applicant would be held to engage only in those limited uses. City Attorney Hall added that when the City’s Land Development Regulations (LDR) described automotive repair, it referred to tire changing as one of the uses, and the applicant indicated in their application to the City they would be installing custom wheels. By so doing, the use fell within the definition of automotive repairs. Commissioner Campbell disclosed he spoke with the property owners, and he spoke with City staff, as one of his concerns was if the owners were aware of the City’s development intentions for NW 31st Avenue. In a lengthy discussion with the owners, they were inclined to support the City’s future development, particularly at that corner where one of the entrances into the residential areas was located. The property owners appeared to understand the lease they intended signing with the applicant would not be a very long-term lease, particularly if the use did not comply with the face the City desired for NW 31st Avenue. A motion was made by Commissioner Bates, seconded by Commissioner Grant, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner Bates, Vice Mayor Berger, Commissioner Campbell, Commissioner Grant, and Mayor Thurston Abstain: 0 XIII QUASI-JUDICIAL MATTERS, FIRST READING XIV QUASI-JUDICIAL MATTERS, SECOND READING XV UNFINISHED BUSINESS XVI OLD BUSINESS 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 Jamaica Consulate would be at City Hall for three days, March 6 to 8, 2020, doing its Access Jamaica Expo, at which they would offer help with Jamaican passports, renewals and citizenship. He said Jamaica was one of the countries that had dual citizenship, similar to countries such as Canada and the United Kingdom. On Friday, March 6, they would hold an event at the Lauderhill Sports Complex designed to draw attention to the weekend’s expo that was to cater to Jamaicans in the southern part of the United States. City of Lauderhill Page 8 City Commission Meeting Meeting Minutes - Final February 24, 2020 Commissioner Bates mentioned the 2020 MLK activities would be her last, and she wished to thank not only the MLK Task Force, but City staff for knowing what to do and how to do it excellently. The Spelling Bee event was very successful, with over 100 participants from 18 schools; the students ranged from third to fifth grade. She said the Brain Bowl was televised by Becon television station, and eight schools participated; the competition was won by the first entry, Honey Grove Boys Academy, and it could be viewed online on Becon’s website when it was uploaded. Commissioner Bates noted the MLK event, the Party with a Purpose, was awesome. The Lauderhill Performing Arts Center (LPAC) was packed, and she received very positive feedback; people kept asking her when the next event there would be, and who would host the 2021 MLK event, to which she had no answer, as she would not be in office. She hoped the City would continue holding the annual MLK events, as they were enjoyed by the entire community. The annual Jammin’ in the Park & ArtFest event was moved to April 18, 2020, as the event outgrew the Ilene Lieberman Botanical Gardens, so it was now being held at the Central Regional Park. However, as the Regional Park belonged to Broward County, the City had to charge a minimal admission of $20.00, and there would be free parking. She invited attendees to come out, relax, bring their lawn chairs and families, as there would be children’s entertainment areas. Commissioner Bates thanked everyone for their participation in the MLK Task Force efforts, noting City staff and LPAC staff were all truly awesome. Commissioner Grant noted the Sports Advancing Kids Education (S.A.K.E.) Awards would take place on Thursday, March 12, 2020, at 6:00 p.m., where student athletes would be honored for excelling on the field or court, as well as academically. The S.A.K.E. Awards were founded by former City Commissioner Benson, and as the City continued to host this event, everyone was being asked to come out and support the student athletes. Additionally, on Monday, March 2, 2020, the City would host a reception for the ceiling sculpture, to which everyone was invited. On the coming Friday at 5:00 p.m., the Consul General of Jamaica and she would host the Jamaican Commissioner of Police. Lauderhill was a very culturally diverse city with a strong Caribbean population, in which there was a significant Jamaican population. The Jamaican Commissioner of Police was coming to update the Jamaican diaspora on the increase of crime in the island, and to let the community know measures were being put in place, and some of the solutions were already implemented. She said the event would be open to the entire public. Many Lauderhill residents had businesses in Jamaica and traveled back and forth between the U.S. and the island, and there had been a sense of fear. The Jamaican Police Commissioner’s goal was to let people know they could still travel to Jamaica and have a fantastic time. Deputy City Manager Giles-Smith informed the Commission Beauty and the Beast was now playing at the LPAC, so everyone should get tickets to see a great show. Mayor Thurston mentioned being selected to be the grand marshal of the Sistrunk Parade the previous Saturday, and he was told that if he was in the lead car, he could not go by himself. He thanked the Lauderhill Lions Cheerleaders who walked in front of him, with special thanks to coaches John and Jasmine; it was a fabulous experience. The City of Lauderhill was represented in numerous ways at the Sistrunk Festival, such as many Lauderhill schools in eastern Lauderhill, the City of Lauderhill Page 9 City Commission Meeting Meeting Minutes - Final February 24, 2020 Parkway cadets, the Broward Estates MLK, and others, including Commissioner Grant. He noted the last in the Mayor’s Jazz in the Park series for the current season would take place on Sunday, March 8, 2020, at the Ilene Lieberman Botanical Gardens from 11:00 a.m. to 2:30 p.m., featuring the Heather Pearson Band. The next gardening seminar would take place the coming Thursday evening in the Multi-Purpose Room; the presenter would speak about bees and pollinating plants, and three citrus trees would be given away to attendees. Mayor Thurston mentioned on the previous Saturday, the Lauderhill Taste Tour took place, and his wife and he attended and went to four different City restaurants, all of which were absolutely fabulous. They expected to get a taste at each one, but at the first two, they were given full plates; the first was Fra Diavolo, an Italian restaurant, and the Woodlands, an Indian vegetarian restaurant. The third restaurant specialized in deserts only, and the fourth was a bar establishment selling craft beers. Lauderhill’s restaurants and their diversity were absolutely amazing, and he encouraged everyone to try the wonderful eating options in the City. He wished to thank staff for their hard work pulling the Taste Tour together, as it showed Lauderhill in a very positive light, illustrating there were many great things happening in the City. XIX ADJOURNMENT - 7:48 PM City of Lauderhill Page 10