CITY OF NORTH LAUDERDALE

COMMISSION MEETING

 

JANUARY 30, 2007 – 7:00 P.M.

 

AGENDA

 

 

1.         INVOCATION AND PLEDGE OF ALLEGIANCE – Vice Mayor Moyle

 

2.         ROLL CALL

 

3.         MINUTES –  January 9, 2007

 

4.                  PRESENTATIONS

 

a.      Proclamation – Black History Month

 

b.      15 Year Full Fair Share Contributor Presentation to North Lauderdale - Aging and Disability Resource Center (Edith Lederberg)

     

 

5.         PUBLIC DISCUSSION

 

6.                  QUASI-JUDICIAL ITEMS

 

a.             Tuscany Village Plat – PLT 06-02 - Ordinance Second Reading Final Plat

            Cornerstone Group Associates, Inc.

 

            5601 N. State Road 7

            (West intersection of SR7 and Prospect Road)

           

            Project Description:

A motion to approve the final and second reading of an Ordinance to replat a portion of Tract 9 “Fort Lauderdale Truck Farms Company Plat” (approximately 27.47 acres) as recorded in Plat Book 4, at Page 31 of Public Records of Broward County, Florida to be known as “Tuscany Village Plat” and to restrict the plat to the development of not more than 400 residential units.

 

  • All interested parties are sworn in by City Attorney
  • Motion and second and vote to read title
  • Attorney reads the title
  • Staff presentation
  • Public Hearing Opened
  • Public Comments
  • Public Hearing Closed
  • Commission motion and second to adopt the ordinance on second reading
  • Commission discussion
  • Commission vote

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE FLORIDA, APPROVING AND ACCEPTING THE REPLAT OF LAND LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, KNOWN AS THAT CERTAIN TRACT OF LAND DESCRIBED AS a portion of Tract 9 “Fort Lauderdale Truck Farms Company Plat” (approximately 27.47 acres) as recorded in Plat Book 4, at Page 31 of Public Records of Broward County, Florida to be known as “Tuscany Village Plat” and to restrict the plat to the development of not more than 400 residential, AS MORE FULLY DESCRIBED HEREIN, SUBJECT TO INCLUSION OF PLAT NOTE; AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF NORTH LAUDERDALE, FLORIDA TO SIGN SAID PLAT AND AFFIX THERETO THE SEAL OF THE CITY OF NORTH LAUDERDALE, FLORIDA AND TAKE OTHER ACTION; ACCEPTING THE DEDICATION OF STREETS, ROADS, ALLEYS, SWALES, BRIDGES AND OTHER PUBLIC EASEMENTS AND OTHER DEDICATIONS; CONTINGENT UPON ACCEPTANCE BY THE BROWARD COUNTY BOARD OF COMMISSIONERS, AND OTHER CONTINGENCIES AS OUTLINED IN THIS ORDINANCE; VACATING, CANCELING, VOIDING, SUPERSEDING PRIOR PLATS; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE.

 

a.             Commercial Point Rezoning -  ZLU 06-02 A - Ordinance First Reading  

          3601 W. Commercial Boulevard 

 

          Project Description: 

A motion to approve the first reading of  an Ordinance to rezone Tract B and a portion of Tract A , a total of 6.49 acres, from Light Industrial (M-1) to General Business (B-3)

 

  • All interested parties are sworn in by City Attorney
  • Motion and second and vote to read title
  • Attorney reads the title
  • Staff presentation
  • Public Hearing Opened
  • Public Comments
  • Public Hearing Closed
  • Commission motion and second to pass the ordinance on first reading
  • Commission discussion
  • Commission vote

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, REZONING CERTAIN PROPERTY LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, TO WIT: TRACT B & A PORTION OF TRACT A, A TOTAL OF 6.49 ACRES, OF “THE POINT” REPLAT AS RECORDED IN PLAT BOOK 119 AT PAGE 28 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATION OF LIGHT INDUSTRIAL (M-1) TO GENERAL BUSINESS (B-3); PROVIDING THAT THE OFFICIAL ZONING MAP OF THE C1TY OF NORTH LAUDERDALE SHALL BE AMENDED TO REFLECT SAID REZONING; PROVIDING FOR CONFLICTS: AND, PROVIDING AN EFFECTIVE DATE.

 

b.            Temple Messianique Amendment to Site Plan – SPR 04-06

          MCS Charter School Institute

             5420 N. State Road 7 (South of Prospect Road and west of SR 7)

 

            Project Description: 

 A motion to approve proposed amendments to the approved final Site Plan (SPR 04-06 – May 25, 2004 City Commission meeting)  to construct an off-site parking lot in a Mobile Home Park (MH) Zoning District to support an existing CF use subject to conditions listed in the staff’s memorandum dated January 30, 2007.

 

  • All interested parties are sworn in by City Attorney
  • Staff Presentation
  • Public Hearing Opened
  • Public Comments
  • Public Hearing Closed
  • Commission motion and second to approve the site plan amendment
  • Commission discussion
  • Commission vote

 

c.                   Pollo Tropical Variance - VAR – 06-05 – Ordinance first reading

CKE Group, Inc.

 8002 West McNab Road

 

Project Description:

A motion to approve the first reading of the Ordinance to permit reduced setbacks and landscaper buffer by granting variances from Section 106-350 (c) (4) and Section 102-59 (1) of the City Code of Ordinances  VAR- 06-05

 

  • All interested parties are sworn in by City Attorney
  • Motion and second and vote to read title
  • Attorney reads the title
  • Staff presentation
  • Public Hearing Opened
  • Public Comments
  • Public Hearing Closed
  • Commission motion and second to pass the ordinance on first reading
  • Commission discussion
  • Commission vote

 

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND GRANTING A VARIANCE FROM THE NORTH LAUDERDALE CODE OF ORDINANCES, SECTION 106-350 (c) (4) TO PERMIT THE 32.47 FEET SETBACK FROM A TRAFFIC WAY, AS OPPOSED TO THE 50 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION; SECTION 102-59 (1) TO PERMIT THE 5 FEET LANDSCAPE BUFFER FROM A TRAFFIC WAY, AS OPPOSED TO THE 10 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION; FOR THE PROPOSED POLLO TROPICAL LOCATED AT THE SOUTHWEST CORNER OF   81st AVENUE AND McNAB ROAD, NORTH LAUDERDALE, FLORIDA; PROVIDING FOR STIPULATIONS AND CONDITIONS; PROVIDING THAT PROVISIONS NOT VARIED BY THIS ORDINANCE REMAIN IN FULL FORCE AND EFFECT; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.

 

           

 

d.            Pollo Tropical – Site Plan SPR 06-06

CKE Group, Inc.

 8002 West McNab Road

 

Project Description:

            A motion to approve Preliminary and Final site plan to construct a fast food restaurant in a Community Business (B-2) Zoning District subject to the conditions outlined on the staff memo dated January 30, 2007.

 

  • All interested parties are sworn in by City Attorney
  • Staff Presentation
  • Public Hearing Opened.
  • Public Comments
  • Public Hearing Closed
  • Commission motion and second to approve the site plan
  • Commission discussion
  • Commission vote

        

 

 

 

7.                  CONSENT AGENDA

 

·        Remove items from consent agenda if desired

·        Commission motion, second and vote to read

·        Attorney reads consent agenda

·        Commission motion, second and vote to adopt the consent agenda as read

 

 

a.             Resolution - To Vacate Right-of-Way within Tuscany Village Plat

            5601 N. State Road 7 (West of SR7 at the intersection of Prospect Road)

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA ABANDONING AND OTHERWISE VACATING THAT CERTAIN 15’ RIGHT-OF-WAY DEDICATED BY PLAT BOOK 4, PAGE 31, BCR DESCRIBED AS FOLLOWS: THE SOUTH 15.00 FEET OF TRACT 16, OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT OF FORT LAUDERDALE TRUCK FARMS AS RECORDED IN PLAT BOOK 4 AT PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. LESS AND EXCEPT THE EAST 227.00 FEET AS MEASURED AT RIGHT ANGLES AND PARALLEL WITH THE EAST LINE OF SAID SECTION 12. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA CONTAINING 16,398 SQUARE FEET OR 0.376 ACRES MORE OR LESS.  THE BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN WITH THE SOUTH LINE OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 41 EAST BEARING NORTH 89º32’57 EAST.; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE NECESSARY DOCUMENTS TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

b.      Resolution - FY 2006/07 Vehicles Purchases

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AN EXPENDITURE OF $124,077.00 FROM THE VEHICLE MAINTENANCE INTERNAL SERVICE FUND TO PURCHASE SIX VEHICLES AS LISTED IN SECTION ONE BELOW; PROVIDING FOR FUNDING; AND PROVIDING FOR AN EFFECTIVE DATE.

 

c.       Ordinance first reading - Sexual Offender-Sexual Predator

 

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA; AMENDING ARTICLE V OF THE CITY OF NORTH LAUDERDALE CODE OF ORDINANCES, ENTITLED “SEXUAL OFFENDER RESIDENCY PROHIBITION;” SPECIFICALLY AMENDING SECTION 38-91, ENTITLED "DEFINITIONS," SECTION 38-92, ENTITLED “SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE PROHIBITION; PENALTIES; EXCEPTIONS,” AND SECTION 38-93, ENTITLED “PROPERTY OWNERS PROHIBITED FROM RENTING REAL PROPERTY TO CERTAIN SEXUAL OFFENDERS AND SEXUAL PREDATORS; PENALTIES”; PROVIDING FOR DEFINITIONS OF “SEXUAL OFFENDER” AND “SEXUAL PREDATOR” THAT ARE CONSISTENT WITH SECTION 943.0435, FLORIDA STATUTES, AND SECTION 775.21, FLORIDA STATUTES; PROVIDING FOR LAW ENFORCEMENT GUIDELINES; PROVIDING A TIMEFRAME IN WHICH A SEXUAL OFFENDER OR SEXUAL PREDATOR MUST VACATE A PREMISES AFTER BEING NOTIFIED OF A VIOLATION; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

d.      “A motion authorizing and directing the City Administration to coordinate with South Florida Talent Search Inc., to hold a Miss Tri-City Beauty Pageant on Saturday -  March 24th , 2007.”

 

 

8.                  OTHER BUSINESS

 

a.       Computer Business System Applications (New City Software Package)

                        Contract available for review in City Clerk's Office

 

·                    Motion, second and vote to read  i, ii & iii

·                    Attorney reads title of each

·                    Staff presentation

·                    Commission motion and second to adopt   i, ii, & iii

·                    Commission discussion

·                    Commission vote on each

 

                                                              i.      A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF NORTH LAUDERDALE TO TAKE ALL STEPS NECESSARY TO EXECUTE AGREEMENTS WITH TYLER TECHNOLOGIES, INC. FOR THE PURCHASE OF COMPUTER APPLICATION SOFTWARE SYSTEMS, INSTALLATION AND TRAINING AT A COST NOT TO EXCEED $675,552.00; PROVIDING FOR THE ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE.

 

 

                                                             ii.            A RESOLUTION OF THE CITY OF NORTH LAUDERDALE, FLORIDA ESTABLISHING ITS INTENT TO REIMBURSE THE COST INCURRED FOR THE PURCHASE OF COMPUTER APPLICATION SOFTWARE SYSTEMS, INSTALLATION AND TRAINING WITH PROCEEDS OF ALTERNATIVE FUNDING SOURCES, WHICH MAY INCLUDE A CAPITAL LEASE, WITH THE TOTAL NET FINANCED NOT TO EXCEED AN AMOUNT OF $675,552.00; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.

 

                                                            iii.            A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO NECESSARY AGREEMENTS FOR A LEASE-PURCHASE FINANCING CONTRACT BY AND BETWEEN THE CITY OF NORTH LAUDERDALE AND SUNTRUST LEASING CORPORATION FOR FINANCING FOR THE BEST POSSIBLE TERMS AND CONDITIONS, FOR THE PURCHASE OF COMPUTER APPLICATION SOFTWARE SYSTEMS, INSTALLATION AND TRAINING; AND PROVIDING AN EFFECTIVE DATE.

 

 

b.      Ordinance First Reading: Amendment to Master Business List - Chapter 106 “Zoning” Of The City’s Code Of Ordinances

 

·        Motion, second and vote to read the ordinance

·        Attorney reads title

·        Staff presentation

·        Commission motion and second to pass on first reading

·        Commission discussion

·        Commission vote

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 106, ENTITLED, “ZONING,” ARTICLE I, ENTITLED, “IN GENERAL” SPECIFICALLY, SECTION 106-3 ENTITLED “DEFINITIONS” TO ADD DEFINITIONS AND AMEND EXISTING ONES RELATING TO USES AND ZONING IN THE CITY; AMENDING CHAPTER 106 ENTITLED “ZONING,” ARTICLE XV ENTITLED “BUSINESS DISTRICTS,” DIVISION 2, ENTITLED, “MASTER BUSINESS LIST,” DIVISION 2 ENTITLED “MASTER BUSINESS LIST” TO AMEND SECTION 106-467, ENTITLED “SUPPLEMENTAL REGULATIONS” TO PROVIDE FOR SECONDARY USES IN THE MASTER BUSINESS LIST, AND SECTION 106-468, ENTITLED, “MASTER BUSINESS LIST,” OF THE CODE OF ORDINANCES OF THE CITY OF NORTH LAUDERDALE, TO DELETE USES INCLUDING TAVERNS, BATH/MASSAGE PARLORS/ESCORT SERVICES, BARS/LOUNGES/SALOONS, PAWN SHOPS, AND SIMILAR USES FROM THOSE PERMITTED WITHIN ANY ZONING DISTRICT, TO PROVIDE MASSAGE ESTABLISHMENTS AS PERMITTED USES SUBJECT TO SPECIAL EXCEPTION APPROVAL IN THE B-2 AND B-3 DISTRICTS, AND TO PROVIDE  AMUSEMENT/INDOOR RECREATIONAL ENTERPRISES AND BILLIARDS AS SECONDARY USES SUBJECT TO SPECIAL EXCEPTION APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.

 

 

9.                  REPORTS

 

a.                   Air Quality City Hall Update (M. Shields)

 

 

10.              COMMISSION MATTERS AND COMMENTS

 

a.                   Mayor’s State of the City Address (J. Brady)

 

 

11.              CITY MANAGER COMMENTS

 

a.                   Update on Insurance Reforms (verbal)

 

 

12.              CITY ATTORNEY COMMENTS

 

a.                   "Discussion and possible motion to direct the City Attorney and City Manager to implement certain directions from the City Commission regarding the position of Executive City Clerk"

 

 

 

13.              ADJOURNMENT