City Commission Meeting

City of Lauderhill Attend via Computer: https://www.colvcm.com City Commission Chambers at City Hall 5581 W. Oakland Park Blvd. Lauderhill, FL, 33313 www.lauderhill-fl.gov Meeting Minutes - Final Monday, February 8, 2021 7:00 PM Attend via phone: Dial 1-312-626-6799 & Meeting ID: 948 1930 6410 City Commission Meeting LAUDERHILL CITY COMMISSION Mayor Ken Thurston Vice Mayor Denise D. Grant Commissioner Melissa P. Dunn Commissioner Lawrence Martin Commissioner Sarai Martin Desorae Giles-Smith, City Manager Andrea M. Anderson, City Clerk Earl Hall, City Attorney City Commission Meeting Meeting Minutes - Final February 8, 2021 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. Mayor Thurston explained the present meeting was being conducted in a new and challenging era, as the City of Lauderhill, Broward County, the State of Florida, the United States of America, and the world were experiencing new challenges due to the COVID-19 pandemic. Due to the challenges of the virus, the City would continue to hold hybrid, virtual governmental meetings in accordance with the Center for Disease Control (CDC) COVID 19 guidelines, the State of Florida Governor Ron DeSantis Executive Order 20-52, City Code Chapter 8.5, and Florida statutes. The waiver of the physical presence requirement expired, and board members were required to be physically present at public meetings. As a result, all members of the City Commission were present in the Commission Chambers at City Hall assessing the virtual meeting from their laptops. Due to the nature of the meeting and the constraints of holding a virtual hybrid meeting, he asked for everyone’s patience. Anyone wishing to speak should let him know by asking to do so. The microphones of all members of the Commission would be live during the entire meeting, while City staff and members of the public attending the meeting remotely would be muted. He said anyone having issues should text IT Director Doug Downs, thanking everyone for their patience and cooperation during such difficult and ever changing times. II ROLL CALL Present: 5- Commissioner Melissa P. Dunn,Vice Mayor Denise D. Grant,Commissioner Lawrence Martin,Commissioner Sarai Martin, and Mayor Ken Thurston ALSO PRESENT: Desorae Giles-Smith, 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 D. Grant, seconded by Commissioner L. Martin, to ACCEPT the Revised Version of the City Commission Meeting Agenda for February 08, 2021. The motion carried by the following vote: City of Lauderhill Page 1 City Commission Meeting Meeting Minutes - Final February 8, 2021 Yes: 5- Commissioner M. Dunn, Vice Mayor D. Grant, Commissioner L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 IV CONSIDERATION OF CONSENT AGENDA A motion was made by Commissioner S. Martin, seconded by Commissioner L. Martin, that this was approved. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Vice Mayor D. Grant, Commissioner L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 V APPROVAL OF MINUTES A. Minutes of the City Commission Meeting for January 25, 2021. Attachments: January 25, 2021 - City Commission Meeting Minutes These Minutes were approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) VI PROCLAMATIONS / COMMENDATIONS A. A PROCLAMATION RECOGNIZING NATIONAL BOYS & GIRLS CLUB WEEK (REQUESTED BY MAYOR KEN THURSTON). B. A PROCLAMATION DECLARING JORDAN BATTLE DAY (REQUESTED BY MAYOR KEN THURSTON). VII SPECIAL PRESENTATIONS VIII GENERAL PRESENTATIONS (5 MINUTES MAXIMUM) A. AN UPDATE FROM SENATOR PERRY E. THURSTON, JR. ON DISTRICT 33 AND THE STATEWIDE VACCINE PLAN (REQUESTED BY VICE MAYOR DENISE D. GRANT). B. A PRESENTATION RECOGNIZING GRADUATES OF LAUDERHILL SHINES (REQUESTED BY COMMISSIONER MELISSA P. DUNN). C. REMOVED D. A PRESENTATION FROM HEALTHY MOTHERS, HEALTHY BABIES COALITION OF BROWARD COUNTY ON THEIR FATHERHOOD PROGRAM (REQUESTED BY COMMISSIONER LAWRENCE MARTIN). E. A PRESENTATION RECOGNIZING THE LAUDERHILL ROYALS FOR THEIR NATIONAL CHAMPIONSHIP (REQUESTED BY COMMISSIONER LAWRENCE MARTIN). F. A PRESENTATION ON LAUDERHILL RESIDENT BOARD VACANCIES AND APPOINTMENT OPPORTUNITIES (REQUESTED BY COMMISSIONER SARAI MARTIN). City of Lauderhill Page 2 City Commission Meeting Meeting Minutes - Final February 8, 2021 IX ORDINANCES & PUBLIC HEARINGS - FIRST READING (NOT ON CONSENT AGENDA) (AS ADVERTISED IN THE SUN-SENTINEL) X ORDINANCES & PUBLIC HEARINGS - SECOND READING (NOT ON CONSENT AGENDA) (AS ADVERTISED IN THE SUN-SENTINEL) 1. ORDINANCE NO. 21O-01-103: AN ORDINANCE AMENDING THE CITY OF LAUDERHILL CODE OF ORDINANCES, VARIOUS SECTIONS OF THE CODE AND LAND DEVELOPMENT REGULATIONS TO CHANGE THE NAME OF THE DEPARTMENT FROM “PARKS AND LEISURE SERVICES” TO “PARKS AND RECREATION”; AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE II, OFFICERS AND EMPLOYEES, DIVISION 5, YOUTH COUNCIL SECTION 2-89.3; AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE III, DIVISION 3, DEPARTMENTS OF GOVERNMENT; AMENDING THE TITLE TO CHAPTER 15, PARKS AND LEISURE SERVICES; AMENDING LAND DEVELOPMENT REGULATIONS (LDR) ARTICLE II, ADMINISTRATIVE PROVISIONS, SECTION 2.1.3(b); PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: ORD-21O-01-103-Code-PALS to Parks and Recreation Dept.pdf AR 21O-01-103 This Ordinance was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) XI RESOLUTIONS (IF NOT ON CONSENT AGENDA) 2. RESOLUTION NO. 21R-02-27: 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 2021; PROVIDING FOR AN EFFECTIVE DATE . Attachments: RES-21R-02-27-BRD-Youth Council 2021.pdf AR 21R-02-27 Youth Council List Gary, Jaelin Lovett, Jordan Dennis, Domenique This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 3. RESOLUTION NO. 21R-02-28: A RESOLUTION OF THE CITY City of Lauderhill Page 3 City Commission Meeting Meeting Minutes - Final February 8, 2021 COMMISSION OF THE CITY OF LAUDERHILL APPOINTING BERTRAM CONEY BY COMMISSIONER LAWRENCE MARTIN TO SERVE AS A MEMBER OF THE RECREATION ADVISORY BOARD FOR THE REMAINDER OF A TERM THAT SHALL RUN CONCURRENT WITH THE COMMISSIONER SEAT OR NOVEMBER 2024; PROVIDING FOR AN EFFECTIVE DATE. Attachments: RES-21R-02-28-Brd-Rec Advisory L.Martin 2021.pdf AR 21R-02-28 Recreation Advisory Board List Coney, Bertram Commissioner L. Lawrence mentioned seeing Bertram Coney in the audience, so he felt it appropriate to pull the item to formally recognize his presence. Mr. Coney was one of the City’s dedicated youth sports coaches for a considerable number of years, helping Lauderhill’s youth, and working to better the community; he was proud to appoint him to the Recreation Advisory Board, where he knew Mr. Coney would do a great job. Bertram Coney expressed appreciation for being appointed to the Recreation Advisory Board, stating he would continue to help the City’s Parks Recreation Department in all their endeavors. A motion was made by Vice Mayor D. Grant, seconded by Commissioner L. Martin, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Vice Mayor D. Grant, Commissioner L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 4. RESOLUTION NO. 21R-02-29: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE APPOINTMENT OF LAMONT ROBERTS BY THE MAYOR ON BEHALF OF THE CITY COMMISSION, PURSUANT TO FLORIDA STATUTES CHAPTER 421, TO SERVE AS A MEMBER OF THE CITY OF LAUDERHILL HOUSING AUTHORITY BOARD FOR THE REMAINDER OF THE UNEXPIRED TERM OF KAMERON DAVIS EXPIRING NOVEMBER 2024; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY MAYOR KEN THURSTON). Attachments: RES-21R-02-29-BRD-Laud Housing Authority Mayor appt -roberts.pdf AR 21R-02-29 Housing Authority Commission List Roberts, Lamont This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 5. RESOLUTION NO. 21R-02-30: A RESOLUTION OF THE CITY City of Lauderhill Page 4 City Commission Meeting Meeting Minutes - Final February 8, 2021 COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE APPOINTMENT OF ANTOINETTE “CANDY” HENRY BY VICE MAYOR DENISE D. GRANT TO SERVE AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR THE REMAINDER OF THE UNEXPIRED TERM OF JEAN CRAWFORD WHICH SHALL EXPIRE CONCURRENT WITH THE COMMISSIONER SEAT OR NOVEMBER 2022; PROVIDING FOR AN EFFECTIVE DATE. Attachments: RES-21R-02-30-BRD-Code-Grant.pdf AR 21R-02-30 Code Enforcement Board List Henry, Antoinette _Candy_ This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 6. REMOVED 7. RESOLUTION NO. 21R-02-32: A RESOLUTION OF THE CITY OF LAUDERHILL RECOGNIZING, SUPPORTING AND REAFFIRMING THAT THE INVERRARY GOLF COURSES ARE ENCUMBERED BY DECLARATION OF USE RESTRICTIONS THAT RUN WITH THE LAND; PROVIDING THAT THE DECLARATION OF USE RESTRICTIONS WERE RECORDED IN THE PUBLIC RECORDS OF BROWARD COUNTY ON JULY 13, 1971; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY COMMISSIONER MELISSA DUNN). Attachments: RES-21R-02-32-Support Inverrary Use Restriction.pdf AR 21R-02-32 Inverrary Golf Course Dec of Use Restrictions.pdf Commissioner Dunn stated for the record the City already had a declaration of use restriction for the three golf courses implemented by Broward County on July 13, 1971. Her intent in bringing the subject resolution forward was to ask her fellow commissioners to reaffirming that declaration of land use restriction, so the golf course land would be restricted to recreation uses only. City Attorney Hall affirmed this was intent of the proposed resolution’s language. Mayor Thurston mentioned receiving a letter of opposition to the resolution. City Attorney Hall commented the letter was from Ms. Barbara Hall, a representative for the golf courses, clarifying it was not really a letter of opposition to the resolution, rather it was a cleverly worded letter. The resolution did not advocate changes to the use of the golf course lands by the City Commission, rather it was a reaffirmation of what was already a matter of public record, a matter already vetted in court by Ms. Hall’s client. Commissioner S. Martin sought confirmation the initial deed restriction was for 25 City of Lauderhill Page 5 City Commission Meeting Meeting Minutes - Final February 8, 2021 years, renewable every ten years; should residents of the areas surrounding the golf courses or the Inverrary Association wish to change this arrangement, it could be done at the next ten-year mark with a two-third’s vote, which he believed was in 2026. City Attorney Hall answered yes. Thomas Harney, president of the Inverrary Association, indicated he would send staff the exact date of the next ten-year mark. He thanked Commissioner Dunn for bringing forward what he felt was an important resolution for the Commission’s consideration; it was more than a covenant, it was a history the City needed to maintain in Inverrary to retain the subject properties as recreational, which he believed was important to maintain the quality of life for everyone who lived in and bought into Inverrary, knowing these tracts of land would always be recreational property. They were looking forward to working with the City Commission to explore appropriate uses for the properties, as his association believed there were creative things that could be done with them. He hoped the Commission continued to support the recreational use theme. Vice Mayor Grant wished to affirm the proposed resolution was not reestablishing the deed restriction, it was just a confirmation of support for the current use. City Attorney Hall said the resolution simply recognized what was already a matter of public record that was recorded on July 13, 1971. A motion was made by Commissioner L. Martin, seconded by Commissioner M. Dunn, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Vice Mayor D. Grant, Commissioner L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 8. RESOLUTION NO. 21R-02-33: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPOINTING MICHELLE PINDER BY THE CITY COMMISSION AS A WHOLE AND APPROVING THE APPOINTMENTS BY INDIVIDUAL CITY COMMISSIONERS OF VARIOUS MEMBERS OF THE PLANNING AND ZONING BOARD FOR THE TERMS INDICATED; PROVIDING FOR AN EFFECTIVE DATE . Attachments: RES-21R-02-33-Brd-P&Z comm whole & indivi 2021.pdf AR 21R-02-33 Planning and Zoning Board List Grey, Clyde Lynch, Ruth Yacinthe, Rene Pinder, Michelle City Attorney Hall mentioned Clyde Grey and Ruth Lynch were already being appointed to the Planning & Zoning (P&Z) Board; there was an additional vacancy, for which there were two candidates. City of Lauderhill Page 6 City Commission Meeting Meeting Minutes - Final February 8, 2021 Mayor Thurston invited Rene Yacinthe and Michelle Pinder to speak if they wished. Rene Yacinthe remarked he lived in Lauderhill since 1991 and previously served on the P&Z Board for over 15 years. He served on the City’s affordable housing advisory board until recently and wished, again, to serve on the P&Z Board. Michelle Pinder indicated she was a Lauderhill citizen for over 30 years, and most of her service was through the church and other youth activities. She currently sat on the board for the Human Resources Association of Broward County, serving as its treasurer, but she was always involved in helping former Lauderhill Commissioner Howard Berger with his various community initiatives; it was through the latter activities that she became more involved in working with Lauderhill. She observed the evolution of Lauderhill’s elected officials and management representation with the election of Vice Mayor Grant and Commissioner Dunn, and the appointment of City Manager Giles-Smith. She wished to be more involved in the City, and contribute significantly to Lauderhill’s ability to thrive, and she could bring more to the table in the business aspect and how business was done in Lauderhill. A motion was made by Vice Mayor D. Grant, seconded by Commissioner M. Dunn, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Vice Mayor D. Grant, Commissioner L. Martin, Commissioner S. Martin, and Mayor K. Thurston Abstain: 0 Vice Mayor Grant thanked Mr. Yacinthe for volunteering his service, both at present and over the years when he served on various City boards; she looked forward to him doing more for the City, as there were other City board vacancies to be filled. She knew Ms. Pinder for a considerable time, and observed her work and worked with her, hence her nominating her to the P&Z Board. Commissioner Dunn mentioned a number of vacancies would be opening soon with the Lauderhill Health & Prosperity partnership; they would have several boards and committees she hoped Mr. Yacinthe would consider serving on. 9. RESOLUTION NO. 21R-02-34: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE KNOX BOX AGREEMENT BETWEEN THE SCHOOL BOARD OF BROWARD COUNTY AND THE CITY OF LAUDERHILL REGARDING THE ACCESS TO KNOX BOX FACILITY KEYS BY LAW ENFORCEMENT AND FIRE SAFETY OFFICIALS; PROVIDING TERMS AND CONDITIONS (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-21R-02-34-Agrmt-Knox Box Agreement.pdf AR 21R-02-34 KNOXBOX AGREEMENT Lauderhill FINAL 2021 (1).pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) City of Lauderhill Page 7 City Commission Meeting Meeting Minutes - Final February 8, 2021 10. RESOLUTION NO. 21R-02-35: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL APPROVING THE STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"); PROVIDING TERMS AND CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-21R-02-35-Agrmt-FDOT Highway Lighting.pdf AR 21R-02-35 new lighting agreement 2021.pdf This Resolution was approved on the Consent Agenda. (See Consideration of Consent Agenda for vote tally.) 11. RESOLUTION NO. 21R-02-36: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL RESCINDING AND REPLACING RESOLUTION NO. 20R-08-166; APPROVING THE RESTATED PROMISSORY NOTE AGREEMENT BETWEEN THE CITY OF LAUDERHILL AND THE LAUDERHILL POLICE OFFICERS’ RETIREMENT PLAN REGARDING THE REPAYMENT OF FUNDS IN THE AMOUNT OF $2,031,875.00; PROVIDING TERMS AND CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE (REQUESTED BY CITY MANAGER, DESORAE GILES-SMITH). Attachments: RES-21R-02-36-Agrmt-RESTATED Promissory Note-Police Pension Plan.pdf AR 21R-02-36 FINAL RESTATED Police Pension Promissory Note.PDF Commissioner L. Martin stated when people saw an agenda item with the figure of $2 million, it should raise some concern, even with a simple explanation, as it was a matter of perception. He thought it prudent to pull the item to give the public an explanation of the subject resolution in layman’s terms. Deputy City Manager/Finance Director Kennie Hobbs explained the subject item was for the refinancing of the existing loan granted by one of the City’s pension funds; staff renegotiated the existing loan at more favorable terms, resulting in a reduced interest rate and an extended term; the loan would have been called due in the current fiscal year. The subject loan was similar to three other notes approved by the City and would come before the Commission for approval in the coming months. He stressed the City staff was not asking to go out and spend $2 million, as the funds were already granted, and staff’s renegotiating the terms of the loan saved the City money. A motion was made by Commissioner L. Martin, seconded by Commissioner S. Martin, that this Resolution be approved. The motion carried by the following vote: Yes: 5- Commissioner M. Dunn, Vice Mayor D. Grant, Commissioner L. Martin, Commissioner S. Martin, and Mayor K. Thurston City of Lauderhill Page 8 City Commission Meeting Meeting Minutes - Final February 8, 2021 Abstain: 0 12. REMOVED 13. RESOLUTION NO. 21R-02-39: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LAUDERHILL, FLORIDA SUPPORTING THE BROWARD METROPOLITAN PLANNING ORGANIZATION (MPO) TO URGE THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) TO MAINTAIN THE FULL PROJECT FUNDING FOR DESIGN, CONSTRUCTION ,ENGINEERING & INSPECTION FOR PROJECTS ADMINISTERED UNDER THE LOCAL AGENCY PROGRAM AND OTHER GRANT FUNDED PROGRAMS; PROVIDING FOR THE ADOPTION OF RECITALS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE (REQUESTED BY COMMISSIONER LAWRENCE "JABBOW" MARTIN). Attachments: RES-21R-02-39-Support-MPO projects.pdf AR 21R-02-39 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) 14. RESOLUTION NO. 21R-02-38: A RESOLUTION OF THE CITY COMMISSION OF LAUDERHILL, FLORIDA GRANTING PS SUNRISE COMMERCIAL 2013 LLC A SPECIAL EXCEPTION USE DEVELOPMENT ORDER, SUBJECT TO CONDITIONS, TO ALLOW IN THE GENERAL COMMERCIAL (CG) ZONING DISTRICT A SELF-SERVICE STORAGE FACILITY ON A 5.86± ACRE SITE LEGALLY DESCRIBED AS LOTS 2 THRU 17, INCLUSIVE, PLAT OF COMMERCIAL BOULEVARD SHOPPES NO. 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 109, PAGE 28, OF THE OFFICIAL PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, MORE COMMONLY KNOWN AS 8560 W. COMMERCIAL BLVD, LAUDERHILL, FLORIDA City of Lauderhill Page 9 City Commission Meeting Meeting Minutes - Final February 8, 2021 Attachments: RES-21R-02-38-Special X - PS Sunrise Storage.pdf AR 21R-02-38 DRR Public Storage Attachment A Attachment A1 Attachment B Attachment C Attachment D Attachment E Commissioner S. Martin read in the backup City staff recommended the Commission not approve the proposed resolution, so he desired an explanation as to why. During a previous meeting, an upcoming Urban Land Institute (ULI) study was discussed, and the subject area was included in the ULI study. He believed the City’s administration should plan ahead to make sure Lauderhill was set up for success; if the subject area was a part of the ULI study, it should remain as such. Mayor Thurston collectively sworn in all persons wishing to speak on the subject quasi-judicial item. Mr. Hobbs replied one of the things that came to light as City staff worked through the development of the old Target site, and along the 441 corridor, was the City had limited space for development, and staff wished to ensure there were consistent uses for those parcels, as well as uses that complemented residential uses and other commercial businesses along the corridors. Specifically related to the retail development on the subject site, the expansion of the existing storage facility was not consistent with previous approvals or an ordinance passed by the Commission years prior. Finance Operations Administrator Zachery Davis-Walker indicated there was a separation requirement codified subsequent to the construction of the self-storage building. The separation requirement, as intended, limited the number of self-storage facilities that could be built throughout Lauderhill and included self-storage facilities in abutting cities, such as Tamarac. He said there was an existing self-storage facility on the subject site, and the applicant proposed extending that facility to the east; but the site of the proposed extension abutted an existing single-family community already impacted further down the corridor. City staff did extensive outreach with the area homeowners’ associations (HOA), and a primary issue brought to staff’s attention was the desire not to have tall buildings abutting their property and interrupting their line of sight. He noted residents desired more retail uses that provided places to eat and shop, and others that would promote job growth and economic growth. A self-storage use did not meet any of these needs. City Planner Chris Torres commented one of the bases for staff’s recommendation for denial was the required distance separation of two miles; in 2004, the City Commission revisited the one-mile distance separation and assessed such uses were very impactful to the surrounding community, so they voted to increase the one-mile separation requirement to two miles. City staff’s further analysis City of Lauderhill Page 10 City Commission Meeting Meeting Minutes - Final February 8, 2021 determined the self-storage use did not meet the intent of the code, and it would be more impactful than the previous use on the site. He said the applicant proposed a three-story expansion of the existing self-storage facility that would be closer to the single-family homes to the south. The existing self-storage business transitioned from one to two stories in certain parts of the building, and an expansion of a little over 115,000 square feet would be even more impactful to the abutting single-family community. Mr. Davis-Walker spoke to Commissioner S. Martin’s concern about the leadership project the City was awarded, stating the W Commercial Boulevard corridor was the subject of the leadership project with the ULI. As part of the scope for that project, they were looking at voids along the corridor, as discussed during the Commission’s recent retreat. He said staff looked at lacking uses, studying the surrounding demographics, both in Lauderhill and the neighboring city of Tamarac, and provided a narrative for Economic Development staff to put before prospective developers and retailers on a national level to attract to a site staff felt met their demographic profile, but where their use was missing. He thought it was to this Commissioner S. Martin referred when he wished to wait for the ULI recommendations before tying up some of the last developable land along Lauderhill’s commercial corridor. Hope Calhoun, the applicant’s representative, gave a PowerPoint presentation they felt showed the proposed development met the criteria. The subject site was located on the south side of W Commercial Boulevard and Pine Island Road, and they anticipated the purchase of approximately two acres; the total site, consisting of the existing self-storage facility and the new expansion, would be about five acres. She said the proposed use was self-storage that was consistent with the general commercial zoning designation; it was an expansion of an existing use into an additional two acres, leaving approximately five acres to be developed into commercial and retail uses. Continuing east along the Commercial Boulevard corridor, there were additional commercial/retail uses, and the applicant believed residents of the surrounding area benefited from having a self-storage facility in close proximity. Mr. Torres’s mention of the location of the building and the potential conflict with existing residential was a site plan issue, not a special exception issue that was currently before the Commission. Ms. Calhoun remarked the location of the building on a site was not the criterion, as this was something the applicant would deal with at the site plan stage after the subject resolution was approved. Thus, the special exception application sought approval to expand an existing self-storage facility, and the criteria for that was set forth in the backup, including the applicant’s responses to City staff’s comments and conditions. On the issue of how the proximity of the subject business would affect nearby residents, staff’s comments spoke more to the site plan for a three-story building, which staff said would be closer to residential neighborhood to the south of the site. However, this was not yet known, as there was no site plan before the Commission, though one would be provided if the subject application was approved and the project moved forward. She said if, at the time of site planning, there were issues with location of the building, buffering, or landscaping, they could be addressed at that time. The applicant’s team met with the Northwest Neighborhood Association, at which they made one presentation; to the best of her knowledge, she did not believe they took a position with regard to the subject application. Regarding staff’s comment about losing a potential commercial use that could ideally serve the community, the City of Lauderhill Page 11 City Commission Meeting Meeting Minutes - Final February 8, 2021 applicant disagreed, as they would be providing a commercial use by which residents would benefit. She mentioned, throughout Broward County and a few other cities in which her partners and she worked on behalf of their clients, self-storage was a big use at present, and they were processing a significant number of applications in these cities, not just in Lauderhill. This, she noted, was for a number of reasons, the first being that people were moving to Lauderhill, whether due to downsizing from another location, or just moving to northwest Lauderhill, and they needed a place to store their belongings. As the site was located along a commercial corridor, businesses could store merchandise, extra inventory, etc. Ms. Calhoun mentioned staff agreed the applicant was in compliance with the criterion of suitability of use. The third criterion dealt with access, traffic generation, and road capacities, to which staff said the applicant’s proposed development conformed. The fourth criterion referred to the use’s economic benefit or liability, and the applicant believed they provided economic benefits, and did not prove to be a liability, as this was not a use at which people tended to congregate or hang out. She noted an economic benefit was the additional revenue to the City, and the use of an underutilized piece of property that would attract unwanted gatherings or the dumping of garbage if it remained vacant. The fifth criterion referred to demands on utilities, community facilities, and public services, and City staff agreed the applicant was in compliance; the sixth criterion was compliance with Broward County’s Comprehensive Land Use Plan, and/or that of Lauderhill’s, and staff said the applicant did not comply with one particular policy the applicant referred to in their application; staff disagreed with the applicant’s position. Ms. Calhoun said the policy spoke to the maintenance and creativity of desirable and efficient communities for Broward County residents; the applicant believed providing self-storage facilities did just that, as it was a benefit to residents and commercial users in the area. City staff disagreed, as they spoke to the intensity and size of the building; this, again, was a site plan issue to be addressed later. Criterion seven referred to safety, health, and general public welfare, to which City staff said the applicant complied. Overall, she thought it was clear in City staff’s report the issues they had with the subject application were more site plan related, and the applicant provided sufficient evidence their application satisfied the criteria for approval. She said the applicant did not make the subject application by happenstance; they did research before submitting the application and believed their application should be approved. Commissioner Dunn thought there was already a self-storage facility along N University Drive within miles of the subject site. Mr. Hobbs answered yes; this was one of City staff’s points; that is, the application failed to meet the distance requirement, as there were other storage facilities within a two-mile radius of the applicant’s building. The applicant repeatedly used the term expansion, but they did not currently own the property on which the expansion was to occur, hence placing a storage facility on the two-acre parcel the applicant would purchase constituted a new use on that parcel, even if it was tied to an existing use on the abutting property. He said when City staff looked at the proposed development and made their recommendation to the City Commission, it was viewed as a new storage facility being built on a vacant two-acre parcel. Taylor Parker, the applicant’s engineer of record, stated she attended a pre-application telephonic meeting in August 2020 with City staff Chris Torres and City of Lauderhill Page 12 City Commission Meeting Meeting Minutes - Final February 8, 2021 Molly Howson. In the meeting they discussed the issues staff presented to the Commission at the present meeting, but it was unfortunate to hear staff’s current sentiment, as at the pre-application meeting, their opinion was the opposite; they told her they would look at the subject application as an expansion of the existing use and supported the application. Staff told her they had to determine if the proposed development should be seen as a modification to an existing site plan, or as a new site plan; they contacted her a few weeks later and warned that they would be looking at it as a new site plan, and the applicant had to bring the entire site up to current codes. She said there was no indication at the time that staff would no longer support the application. Ms. Calhoun stated the applicant always did due diligence before spending money. Steve Friedman, who represented the developer, noted they had been working on the subject project since before the COVID 19 pandemic, and the proposed development, was for several buildings that included retail uses. They had interest from Culver’s restaurant based out of the Midwest and just breaking into the South Florida market. Other prospective tenants expressed an interest, but nothing in writing. The owners wished him to express the concern regarding the self-storage piece of the entire development, as there was a lot of gross leasable area for the retail portion, for which it would be very challenging to find enough retailers, users, and services to occupy the space shown on the plan as it stood presently. He noted the self-storage became another piece that needed to be developed for retail, without which it was highly unlikely the developer could proceed with the plan, and this was simply a function of the challenge in today’s marketplace. As an example, he said there was a shift in behavior and branding of restaurants, as normally one could park and go inside, but with the pandemic, many restaurants were changing how they looked at real estate, and sought sites that had a drive through feature. The City’s code allowed for only one restaurant with a drive through within a mile from each other. Mr. Friedman said they had interest from several restaurants that could locate to the site if drive through facilities were possible, though that was not the purpose of the present discussion. He noted there was a considerable amount of gross leasable area for retail that was challenging to fill, reiterating, the additional self-storage was an integral part of the entire development, without which it would be a challenge for the developer and the leasing team. Commissioner S. Martin asked if Mr. Friedman was the landowner or retail advisor. Mr. Friedman responded he was a retail advisor/broker for the applicant, as the latter was based in Argentina; the subject property had been vacant for a long time, and the owners tried to develop the subject site a few times in prior years. Commissioner S. Martin expressed appreciation for a holistic approach, and he looked forward to meeting with Mr. Friedman, so he could give share some of the possible plans for the site, working with City staff and the ULI. Mr. Friedman said he would be more than happy to meet, adding he spoke with Mr. Torres in the past, and they had a good exchange of ideas. He was happy to meet with each member of the Commission to make some progress. Ms. Calhoun resumed her presentation, stating one of Mr. Friedman’s comments City of Lauderhill Page 13 City Commission Meeting Meeting Minutes - Final February 8, 2021 related to City staff’s objection on page six in the backup; specifically, staff stated the surrounding residents desired experiential retail uses, such as restaurants or uses that promoted job growth, and grew the local economy. Mr. Friedman said the approval of the special exception and, eventually, the site plan for the subject project would be the catalyst for additional development along the subject commercial corridor; without approval of the special exception, the ability to entice future users to the site would be more difficult. She requested time to rebut after members of the public spoke. Commissioner Dunn sought clarification how the ULI report might impact the subject project and the City’s ability to assess potential development for the subject space. Mr. Hobbs replied one of the important factors the ULI report would bring out was some of the future uses. For example, one of the projects mentioned by Ms. Calhoun was the apartment complex that could create additional demand; though not under consideration at present, the demand would include restaurant uses. Other demand would be created on the north side of Commercial Boulevard via current residential development in Tamarac. He said staff believed the ULI would capture all these variables: existing uses and future development, then project additional uses that could be in demand that might or might not be considered currently. Included in the holistic approach was the insight from area residents, business owners, property owners, and the City Commissioners. Commissioner Dunn sought clarification on when the ULI study would be done. Mr. Davis-Walker said staff already held the scope meeting, and work on the study would begin February 2021 with the leadership project. He inquired if this was an appropriate time for staff to rebut comments made by Ms. Calhoun. Mayor Thurston answered yes. Mr. Davis-Walker mentioned Ms. Calhoun’s referencing policy 2.20.1, the Broward County “Small Growth” policy, which he read into the record as follows, since Ms. Calhoun paraphrased it: Adopt, implement and encourage land use provisions which promote the principles of the “Smart Growth” initiative seeking to maintain and create desirable and efficient communities for Broward County residents, visitors, and economic interests, including quality housing for all, integrated with excellent and sufficient public facilities and services, recreational opportunities, and open space areas, and which maximizes preservation and conservation of natural resources. He thought this gave more color to what staff was responding to; staff, as a matter of efficiency, only responded to those comments placed in applications, hence their focus on that particular policy, all of which the proposed used failed to meet. Ms. Calhoun referenced the fact that public storage was a popular use right now, but the City was almost built out, with limited areas left for commercial development, as illustrated in a presentation at the City’s recent retreat. Ms. Parker mentioned the pre-application meeting with City staff, but, as Ms. Calhoun was well aware, those meetings focused only on an overall, general analysis of the application to be submitted, so staff could not state whether or not they supported a use, as they had yet to go through all submitted documents to make a well-informed recommendation; a zoning confirmation was the most appropriate City of Lauderhill Page 14 City Commission Meeting Meeting Minutes - Final February 8, 2021 means by which to achieve that. He desired commentary from the applicant as to why the retail uses, for which staff received only concepts and no submittals, should be held hostage to the storage use. Commissioner L. Martin made a motion to Move Communications From Public Officials to the end of the agenda, seconded by Vice Mayor Grant. The vote was as follows: Commissioner Dunn Yes Vice Mayor Grant Yes Commissioner L. Martin Yes Commissioner S. Martin Yes Mayor Thurston Yes Mike Bailey, the applicant’s representative with the public storage real estate team, expressed appreciation for staff’s review of the project and the Commission’s consideration. On the issue of staff indicating previous approval of the subject project, which was in the neighborhood of some 60,000 square feet of retail space, the property owner had been working on getting these types of uses for a considerable time. He said, however, they determined it was not feasible, as there was no market, and this was a pre-COVID 19 pandemic determination. It was undeniable the world had changed since the pandemic, particularly dramatic changes in the retail leasing world; there was a market for certain uses, and he claimed over the last several years they found there was no market for that much retail uses at the subject location, but there was a market for self-storage. Mr. Bailey stated the proposed development was not for an en vogue use, as their company had been doing this for 49 years; they proposed good, modern, enclosed, climate-controlled facilities that addressed a community’s storage needs in a different way than in prior years. He noted the proposed use addressed the needs of a community and functioned as a catalyst for complementary uses for many people moving to areas where there was significant residential development. He stated, in his company’s years of experience, small businesses thrived using self-storage, not to operate out of, but with retail space being so tenuous and higher rental rates, as much as 30 percent of their space was rented by small businesses to store extra inventory. Mayor Thurston opened the discussion to the public. Eula Murray-Hylton, Lauderhill resident and president of the Northwest Lauderhill Association, stated the subject matter was on their next homeowners’ association (HOA) meeting agenda scheduled for February 9, 2021. Thus, she was unable to provide resident feedback at present. She remarked when an applicant had an interest in a matter before the Commission, the City could not, necessarily, go by the applicant’s recommendation of what the market would or would not do. The reality was Lauderhill had a limited amount of commercial land, and though mention was made of retail uses, there were recreational uses to consider, including restaurants and other family-friendly uses. Both Mr. Torres and Mr. Davis-Walker told her the ULI study would reveal information about what the City should consider doing moving forward, and she thought the City should do intentional development planning in Lauderhill, and the unbiased ULI study would give some indication as to viable uses. Ms. Murray-Hylton acknowledged the impact of the pandemic, but it City of Lauderhill Page 15 City Commission Meeting Meeting Minutes - Final February 8, 2021 was not something that would last forever, and while it significantly changed how certain things were done, for the future, people would still seek entertainment in good restaurants, etc., from which Lauderhill residents could benefit, rather than having a storage facility that would not create the desired economic growth in the City in terms of generating jobs for area residents, and provide places for them to patronize. She supported the Commission deferring its consideration of the subject application and proposed development until after the ULI study, so the City and residents could assess and determine based on the study’s results. Mayor Thurston received no further input from the public. Ms. Calhoun inquired as to how long the study would take. Mr. Davis-Walker replied, according to the ULI, it could take four to six months, so from the end of January 2021 to six months out. Ms. Calhoun responded to having entertainment and other uses on the subject site, stating the Commission and staff knew such uses brought traffic to an area, and Commercial Boulevard was already heavily trafficked, and residents were continually concerned with increased traffic in the area. By virtue of its nature, self-storage uses was one of the lowest traffic generators from a commercial use perspective; on average on their busiest day, which was Saturday, their peak hour trips were two per hour. This was, therefore, an opportunity to have a use that created an activity on the subject site, while still allowing five acres to be utilized for other commercial uses, which the applicant anticipated would include restaurants. She mentioned, in hearing the frequent mention of recreational uses, the zoning for the subject site was general business not recreation uses. The subject special exception application could be approved by the Commission, and if the applicant and staff could not reach an agreement with City staff and the Commission on the subsequent site plan, the site would retain its commercial use zoning without the proposed self-storage. She said the applicant asked the Commission to approve their special exception application, as they felt it satisfied the burden of criteria. Mr. Friedman remarked the retail vacancy in the trade area increased, as many small businesses closed due to the pandemic, etc. The commercial component of the subject project could not be built in pieces of one or two tenants, stopping, then another two tenants, etc.; it had to be done in one clean sweep for cost effectiveness and other factors. He said the idea was to garnish as many acceptable retail uses, and bring them together to have momentum for the subject development and bring them together, then present a site plan to the City with a variety of uses. There were three specific restaurants expressing a desire to locate on the subject site, one being Culver’s, another was a very nice concept similar to Starbucks, and another with a number of units in South Florida. Their hands were somewhat tied by the one-mile distance separation, as the three restaurants desired a drive through, so whereas they could have three restaurants, they would only be allowed one under the current code. Mr. Friedman noted the applicant’s strong interest in moving forward with the subject development and hoped they could work public storage in as a part of the mix. Commissioner L. Martin questioned the occupancy rate of the existing storage facility. City of Lauderhill Page 16 City Commission Meeting Meeting Minutes - Final February 8, 2021 Mr. Baily replied it was currently 96 percent; an over 95 percent rate was seen as full. Commissioner L. Martin wished to know if the Commission had the option to continue the item until the City Commission and staff received the results of the ULI study. City Attorney Hall explained the Commission could table the item until the City received the ULI study results. Despite staff’s recommendation to deny the subject application, or for certain conditions to be met for approval, motions on quasi-judicial items were taken in the affirmative. Thus, the motion would be to approve with the numerous staff conditions noted in the backup. Commissioner L. Martin made a motion to Approve Resolution #21R 02 28 as presented, seconded by Mayor Thurston. The vote was as follows: Commissioner Dunn No Vice Mayor Grant No Commissioner L. Martin No Commissioner S. Martin No Mayor Thurston No Ms. Calhoun knew, according to Robert’s Rules of Order, a commissioner on the prevailing side could make a motion to reconsider an item, so she asked that a commissioner make a motion to reconsider and, upon approval, make a motion to table the item to a date certain or until the ULI study results were given to the City. City Attorney Hall remarked the Commission had until the next meeting to make a motion to reconsider the subject item. Commissioner L. Martin made a motion to Reconsider Resolution #21R 02 28, seconded by Commissioner S. Martin. The vote was as follows: Commissioner Dunn No Vice Mayor Grant Yes Commissioner L. Martin Yes Commissioner S. Martin Yes Mayor Thurston Yes A motion was made by Commissioner L. Martin, seconded by Commissioner S. Martin, that this Resolution be tabled to the City Commission Meeting, due back upon completion of the ULI study and results being provided to the City. The motion carried by the following vote: Yes: 4- Vice Mayor D. Grant, Commissioner L. Martin, Commissioner S. Martin, and Mayor K. Thurston No: 1- Commissioner M. Dunn Abstain: 0 XIII QUASI-JUDICIAL MATTERS, FIRST READING City of Lauderhill Page 17 City Commission Meeting Meeting Minutes - Final February 8, 2021 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 L. Martin mentioned they started the Black History Month campaign, and showed a very brief video presentation that brought the old and the new together. He stated they began the Magnificent Milestones campaign, and people began utilizing the service; for example, Evelyn Hardy, born in 1931, had 27 great grandchildren, and others signed up who were born in 1929. Everyone should take advantage of the initiative and celebrate the lives of their elderly loved ones. Vice Mayor Grant reminded everyone of the upcoming food truck roll the coming Thursday at 12:00 p.m. at City Hall; she believed an email was sent out to many people, including City staff. Everyone in City Hall and the community were encouraged to visit the food truck and purchase food, as this was a way to support small businesses. As an added treat, Commissioner L. Martin would act as DJ. She mentioned the City’s Adopt A Park initiative; the Kiwanis Club of Lauderhill adopted West Wind Park, and Frisco and Winn Dixie expressed an interest in doing the same, so they were looking at the City’s remaining parks to see which one they could adopt. The interest of Frisco and Winn Dixie was in line with a group of black professional store managers from various Winn Dixies and Friscos coming together to address civil unrest, and do other good deeds in surrounding communities, so they wished to be a part of the Adopt A Park program. Two other organizations expressed a similar interest, and the City was pleased with the response and looked forward to more great things happening in Lauderhill. Initially, the goal was for organizations the City was affiliated with to be a part of the program, including HOAs, but when they looked at the condition of some City Parks and with the pandemic, funding was limited, so it was opened up to companies interested in investing in the Lauderhill community; the City looked forward to the partnerships. In response to a question about the food truck cuisine, Vice Mayor Grant indicated there would be two food trucks, one providing savory and the other desserts, as the aim was to support food truck vendors. City Manager Giles-Smith mentioned in the Super Bowl game on January 7, 2021, two former members of the Lauderhill Lions played with the Kansas City Chiefs: Tyreek Hill was born in the City and moved to Georgia with his grandparents; and Chris Lammons. City of Lauderhill Page 18 City Commission Meeting Meeting Minutes - Final February 8, 2021 Mayor Thurston expressed gratitude for all persons working to get the City’s 65 and older population vaccinated. He appreciated the efforts of the City’s fire department, and State Representative Anika Omphroy to keep Lauderhill residents safe. XIX ADJOURNMENT - 9:43 PM City of Lauderhill Page 19