CITY OF NORTH LAUDERDALE
COMMISSION MEETING
JANUARY 24, 2006 –
7:00 P.M.
MINUTES
The North Lauderdale City Commission met on January 24, 2006 at the Municipal Complex. The meeting convened at 7:00 p.m.
1. INVOCATION AND PLEDGE OF ALLEGIANCE – Commissioner Frankel
2.
ROLL CALL
Present:
Mayor Jack Brady
Vice Mayor Rich Moyle
Commissioner Gary Frankel
Commissioner John R. Cangemi
Commissioner Bruce J. Tumin
City Manager Richard D.Sala
City Clerk C. Milli Dyer
City Attorney Samuel S. Goren
3.
MINUTES
a. January 10, 2006 - A
motion to approve as submitted made by Commissioner Tumin and seconded by Vice
Mayor Moyle. All yes.
MINUTES APPROVED UNANIMOUSLY.
4. PRESENTATIONS
a.
Proclamation
– Congenital Heart Defect Awareness Day – February 14, 2006
b.
Proclamation
– Black History Month
5. PUBLIC
DISCUSSION
Keith Yacano - benches are in. Asked about Lighting on 81st. Is it going to be lit?
Joyce
6. BREAKERS BILLIARD MATTERS – TABLED FROM
JANUARY 10, 2006 MEETING
a A motion to approve the revocation
of the occupational license and Special Exception Use Permits 04-07 and 05-01 (SEU 04-07 and 05-01) for American Brothers, Inc. d/b/a
Breakers Billiards.
Mr. Goren made presentation and explained what is before the Commission
tonight. He listed options the
Commission can take. Mr. Goren said
this is not a new trial.
Mike Natale – 1119 NW 100th Way
Coral Springs. 27 year resident before
moving. He said he is planning to retire from his County position. He advised
that he has been involved with Breakers as a silent partner. He said that in the past the Commission
didn’t attack the business but went to the individuals that are involved. “We feel that the problem is with the
management and I am planning on taking care of that.” He asked the Commission to give them a
chance. Natale said, “There is a want
and need for this recreation. We can
reconcile any mistakes that are made.” He
said he would like to sit down with Staff to discuss the matter.
Lyam Greenblatt, Plantation Florida. It was anything but a trial. No evidence was presented. The Code violations have been remedied. He asked the Commission about the use of “public
nuisance” He said there has been no public outcry, just the police. He requested no action be taken and give it
an extension under the management of Mike Natale. He said “We can hire a BSO
deputy to patrol the parking lot outside.
Bottle of liquor was for Jake’s private consumption for pain after
surgery.”
Commissioner Cangemi made A motion to approve
the revocation of the occupational license and Special Exception Use Permits
04-07 and 05-01 (SEU 04-07 and 05-01) for
American Brothers, Inc. d/b/a Breakers Billiards. Seconded by Vice Mayor Moyle.
Commissioner Tumin wants to know why the city can’t work with this
establishment to set it right. What
convictions resulted in significant law enforcement. We have vacant store fronts and we don’t want
to have more vacancies.
Mike Natale – asked the Commission to not take action tonite but allow
them to continue under new management.
MOTION APPROVED 4 TO 1 (Commissioner Tumin
dissenting)
Note: The following item is moot and no action is required because
the previous item (6a) is approved per staff’s recommendation.
b. Expiration of Four-month Extension of
Temporary Special Exception Use (SEU 05-01)
permit to extend the hours of operation and alcohol sales until 4:00 a.m.
7. QUASI-JUDICIAL MATTERS
ITEMS TABLED FROM DECEMBER 13, 2005 MEETING
All interested parties were sworn in by the City Attorney. Commissioner Cangemi moved to read all Wal-Mart items, holding one public hearing for all. Seconded by Commissioner Frankel. All yes. Attorney read each of the items.
a. Ordinance
First
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Applicant |
Wal-Mart Stores, Inc. |
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Project Name |
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Project Address |
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Project Description |
Zoning amendment to the City of |
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, REZONING 43 +/- GROSS ACRES OF LAND LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, TO WIT: PORTION OF PARCEL “B” OF STAR OF DAVID MEMORIAL GARDENS II PLAT, MORE PARTICULARLY DESCRIBED IN SECTION 1 BELOW FROM ZONING CLASSIFICATION OF LIGHT INDUSTRIAL (M-1) DISTRICT TO COMMUNITY BUSINESS (B3); 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.
Staff presentation by T. Reed. Gave an overview of the development. Susan Motley representing Wal-Mart. She introduced all of the others representing the development. David Lipp outlined what tenants they will be looking for.
Vice Mayor Moyle moved to approve on first reading. Motion seconded by
Commissioner Cangemi. Commissioner Tumin had a power point
presentation he showed the Commission.
He said he is against this project.
“We should keep industrial instead of retail.” Commissioner Cangemi feels it is a great
project. Commissioner Frankel feels it
will be a success. Vice Mayor Moyle
discussed the original thought of affordable housing above the retail,
security, and whether or not there would be a fast food restaurant. Ms Motley said that Wal-Mart wants their
places to be safe places. She said
security is very important to Wal-Mart.
Existing shopping centers need redevelopment. Mayor Brady asked if they are willing to
follow the recommendations of staff.
Representative of Wal-Mart agreed.
ORDINANCE PASSED ON FIRST READING 4 to 1 (Commissioner Tumin dissenting)
Next reading February 28
b. Site
Plan Review – Wal-
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Applicant |
Wal-Mart Stores, Inc. |
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Project Name |
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Project Address |
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Project Description |
Preliminary site plan approval to permit development of Wal-Mart Town Center, which includes 207, 204 square feet of Wal-Mart Super Store; 36,000 square feet of additional retail sales; 6,000 square feet of restaurant space with outdoor dining and hotel for 75 guests with 2,500 square feet of restaurant space in a Commercial – General Business (B-3) District. |
Commissioner Cangemi made a motion
to approve the preliminary site plan to permit development of a Town Center
concept that includes 207,204 square feet of Wal-Mart Super Store; 36,000
square feet of additional retail sales; 6,000 square feet of restaurant space
with outdoor dining and hotel for 75 guests with 2,500 square feet of
restaurant space in a Commercial - General Business (B-3) District. Seconded by Commissioner Frankel. Commissioner Tumin moved to amend the motion
to require a ten foot fence. Died for
lack of second. He asked if we have
looked into the traffic problem coming out of
Ross Stevens on behalf of applicant explained what traffic improvements are to be made.
PRELIMINARY SITE PLAN APPROVED 4 to 1 (Commissioner Tumin- no)
c. Ordinance
First
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Applicant |
Wal-Mart Stores, Inc. |
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Project Name |
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Project Address |
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Project Description |
Preliminary Development Agreement |
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING THAT CERTAIN DEVELOPMENT AGREEMENT MORE PARTICULARLY DESCRIBED ON ATTACHED EXHIBIT "A," BY AND BETWEEN THE CITY OF NORTH LAUDERDALE, FLORIDA, WAL-MART STORES EAST, LP, AS DEVELOPER, WITH CONSENT OF TEE PARK, LLC. PARTNERSHIP, AS TRUSTEE IN ACCORDANCE WITH THE FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT; PROVIDING FOR PUBLIC HEARINGS PURSUANT TO SECTION 163.3225, FLORIDA STATUTES; PROVIDING FOR ADVERTISEMENT OF THE NOTICE OF INTENT TO CONSIDER THE DEVELOPMENT AGREEMENT; PROVIDING FOR FULFILLMENT OF THE REQUIREMENTS SET FORTH IN SECTION 163.3227, FLORIDA STATUTES, FOR INCLUSION IN THE DEVELOPMENT AGREEMENT; PROVIDING FOR THE DURATION OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS OF THE CITY OF NORTH LAUDERDALE, BROWARD COUNTY, FLORIDA; PROVIDING FOR THE PERIODIC REVIEW OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR AMENDMENT AND CANCELLATION OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR RECORDING OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR MODIFICATION OR REVOCATION OF THE DEVELOPMENT AGREEMENT TO COMPLY WITH SUBSEQUENTLY ENACTED STATE AND FEDERAL LAWS; PROVIDING FOR ENFORCEMENT OF THE DEVELOPMENT AGREEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.
Vice Mayor Moyle moved to pass on first reading. Seconded by Commissioner Cangemi.
ORDINANCE PASSED ON FIRST
8. CONSENT AGENDA
Item 8(b) removed from consent agenda. Commissioner Frankel moved to read the balance of the consent agenda. Seconded by Commissioner Cangemi. All yes. Attorney read:
a. Resolution
- Civil Service Board
Appointments – (E. King)
A motion to adopt:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, RATIFYING THE APPOINTMENT OF ROSE MARIE GULLEY, ALLIE MANN AND JEFF KRIEGER AS THE PRINCIPAL MEMBERS AND MARVIN GOMEZ AS AN ALTERNATE MEMBER ON THE NORTH LAUDERDALE CIVIL SERVICE BOARD; AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION 06-01-4967 PASSED AND ADOPTED UNANIMOUSLY
|
REMOVED FROM CONSENT AGENDA b. Resolution - Emergency Power Generators during Power
Outages – (M. Shields) Commissioner Tumin moved to read. Seconded by Commissioner Frankel. All yes. Attorney Goren read: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF Commissioner Tumin said it is more
important to have generators for lift stations. He said that sewage was dumped into canal
during last hurricane. Vice Mayor
Moyle advised that no one physically threw the sewage into the canal. The stations over-flowed. Commissioner Cangemi moved to approve the
Resolution. Seconded by Commissioner
Frankel. RESOLUTION 06-01-4968 APPROVED 4 to 1
(Commissioner Tumin – no) |
Consent agenda continued….
c. Resolution – Rejecting Proposed Legislation Concerning Municipal Franchise Authority – (S. Goren)
A motion to adopt:
A RESOLUTION OF
THE CITY COMMISSION OF THE CITY OF
RESOLUTION 06-01-4969 PASSED AND ADOPTED
UNANIMOUSLY.
Commissioner Tumin moved to adopt the consent agenda as read. Seconded by Commissioner Frankel. All yes.
CONSENT AGENDA APPROVED UNANIMOUSLY.
9. OTHER BUSINESS
a. Resolution - 2006 Byrne Justice Assistance Grant – (Chief Cavallo)
Commissioner Cangemi moved to read.
Seconded by Commissioner Frankel.
All yes. Attorney read:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE BROWARD SHERIFF’S OFFICE TO APPLY FOR 2006 BYRNE JUSTICE ASSISTANCE GRANT (JAG) FUNDS AND THE CITY MANGER TO SIGN SUCH DOCUMENTS, INCLUDING THE MEMORANDUM OF UNDERSTANDING (MOU), AS MAY BE REASONABLY REQUIRED FOR AVAILABLE JAG FUNDS; PROVIDING FOR FINDINGS AND CONCLUSIONS WITH REGARD TO THE BENEFITS TO BE DERIVED BY PROCESSING AND OBTAINING SUCH GRANT FUNDS; AND, PROVIDING AN EFFECTIVE DATE.
Presentation by Chief Cavallo. Mayor opened Public Hearing. No comments. Public Hearing closed. Commissioner Frankel moved to adopt. Seconded by Commissioner Tumin. All yes.
RESOLUTION 06-01-4970 PASSED AND ADOPTED UNANIMOUSLY.
10. LEGISLATIVE
UPDATE/COMMISSION COMMENTS
a.
Discussion on
a proposed motion to authorize attendance of Commissioners that may wish to
attend the 50th Anniversary Celebration of Sister Cities
International – July 13 – 15 at
b.
Discussion on a proposed motion to instruct our
City Attorney to develop an ordinance pertaining to restricting lobbying similar
to the recently adopted lobbying legislation by the state of Florida FS 11.045
(4). (Verbal - Commissioner Tumin)
Commissioner Tumin said he believes what is good for the state is good
for the city. He made the motion. Motion died for lack of second.
Commissioner Tumin asked about plastic replacements of the walls. He was told this is temporary. He then asked about area that was cut down
after the hurricane. He was told plans
were underway to replace foliage. He
asked about the new phase of the wall project and whether or not there are
enough rights of way. He was told yes.
11. CITY MANAGER COMMENTS
Mr. Sala announced that Ernest King is now officially Human
Resource Director. Jennifer Yarmitzky is
Human Resource Manager New hire Michelle
Whitaker will be Human Resource specialist.
12. CITY ATTORNEY COMMENTS
a. Mr. Goren advised that a FPE Impasse
should be addressed at the next meeting.
Commissioner Tumin moved to start February 14, 2006 meeting at 6 PM to
conduct the FPE Impasse Meeting. Seconded
by Commissioner Frankel. All yes
MOTION APPROVED UNANIMOUSLY.
b.
Mr. Goren explained the necessity of adding this item to tonight’s
agenda. Commissioner Frankel moved to
accept the Special Warranty Deed from Henrietta Michael and Bruce E. Lazar,
co-trustees of the Isidor Michael Trust under Agreement dated January 24, 1997,
conveying the 35 foot road right-of-way to the City of
MOTION APPROVED UNANIMOUSLY.
13. BOARD MINUTES
a. Charter
Review – 1-9-06
14. EXECUTION OF DOCUMENTS
15. ADJOURNMENT -
There being no further business the meeting adjourned at 9:38 P.M.
RESPECTFULLY
SUBMITTED,
C. MILLI DYER
CITY CLERK MMC