CITY OF NORTH LAUDERDALE

COMMISSION MEETING

FEBRUARY 28, 2006 – 4:00 P.M.

 

MINUTES

 

The North Lauderdale City Commission met on February 28, 2006 at the Municipal Complex.  The meeting convened at 4 p.m.

 

1.         INVOCATION AND PLEDGE OF ALLEGIANCE - Mayor Brady

 

2.         ROLL CALL

 

            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

            Asst. City Attorney Julie Klahr

 

           

3.         MINUTES

 

a.       Minutes - February 14, 2006  -  FPE Impasse Special Meeting – Commissioner Tumin made a motion to amend the minutes by adding the item on retro-active contract.  Seconded by Commissioner Cangemi.  Commissioner Frankel moved to approve as amended.  Seconded by Commissioner Cangemi.   All yes.

 

MINUTES APPROVED UNANIMOUSLY

 

b.      Minutes – February 14, 2006 – Regular Meeting – Commissioner Frankel moved to approve.  Seconded by Commissioner Cangemi.  All yes.

 

MINUTES APPROVED UNANIMOUSLY

 

4.         PRESENTATIONS

 

            a.         District Criminal Investigations Unit and Selective Enforcement Team   Award (Chief Cavallo)

 

            b.         Employee of the Year Award – Detective Lisa Sokol (Chief Cavallo)

 

c.                   Proclamation – Crime Victims’ Rights Week (Mayor Brady)

 

 

5.         PUBLIC DISCUSSION

 

Susan Beaty -   re: affordable housing for elderly and the working class.   Asked that zoning for mobile home parks not be changed.

 

6.         QUASI-JUDICIAL ITEMS

 

          i)          WAL-MART RELATED ITEMS

                        Wal-Mart Town Center - “The Commons at North Lauderdale

                        8200 McNab Road

 

                    a.         LAND USE AMENDMENT - ZLU 04-01 A   

                                    Second and Final Reading on the Comprehensive Plan Amendment – Ordinance # 05-12-1142

                                    Land Use amendment to the City of North Lauderdale Land Use Map to amend approximately 43.46 acres of land from                                           Industrial (M-1) to Commercial (C)

 

City Attorney swore in all interested parties that wished to speak.  Community Development Director Reed and City Manager Sala gave a presentation.  Ms.  Susan Motley, representing the applicant “The Commons at North Lauderdale” showed power point presentation on the proposed development.  She said the applicant is in agreement with contingencies and conditions set forth by the City.  Commissioner Frankel moved to read.  Seconded by Commissioner Tumin.    All yes.  Attorney read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING THE NORTH LAUDERDALE COMPREHENSIVE LAND USE PLAN IN ACCORDANCE WITH CHAPTER 163, SECTION 163.3184 OF THE FLORIDA STATUTES, TO PROVIDE THE CHANGE OF APPROXIMATELY 43.46 ACRES OF LAND LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, TO-WIT: THAT CERTAIN TRACT OF LAND DESCRIBED AS "A PORTION OF PARCEL B, STAR OF DAVID MEMORIAL GARDENS II, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 171, PAGE 105-107, OF THE PUBLIC RECORDS OF BROWARD COUNTY FLORIDA, BE CHANGED FROM 43.46 gross acres  of INDUSTRIAL (m-1) to COMMERCIAL (c ); PROVIDING THAT THE OFFICIAL LAND USE MAP OF THE CITY OF NORTH LAUDERDALE SHALL BE AMENDED TO REFLECT SAID LAND USE CHANGE; DIRECTING STAFF TO TRANSMIT THE AMENDMENT TO THE LAND USE PLAN TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR LARGE SCALE REVIEW; PROVIDING FOR CONDITIONS; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE

 

Public Hearing Opened.  Debra Winstead from Players Place suggested posting notices on the web when there are proposed land changes.    Karen Burke asked what will be done with the empty stores we already have, and the current Wal-Mart.   Mr. Sala advised that Wal-Mart will be updating the shopping area along with another owner  Public Hearing closed.  Vice Mayor Moyle moved to pass the ordinance on second reading.  Seconded by Commissioner Frankel.

 

ORDINANCE # 05-12-1142 PASSED AND ADOPTED 4 TO 1 (Tumin dissenting)

 

 

 

                        b.         REZONING –ZLU 05-02 B

                                    Second and Final Reading Rezoning Ordinance 

                                    Zoning amendment to the City of North Lauderdale Zoning Map to rezone approximately 43.46 acres of Light Industrial (M-                                       1) District to Commercial - General Business (B-3) District

 

All interested parties were sworn in by City Attorney.  Commissioner Tumin moved to read.  Seconded by Commissioner Frankel.  All yes.  Attorney read:

 

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.

 

Public Hearing Opened.  No comments.  Public Hearing Closed.  Vice Mayor Moyle moved to adopt on second reading.  Seconded by Commissioner Frankel.

 

ORDINANCE 06-02-1147  PASSED AND ADOPTED 4 TO 1 (Tumin – no)

 

                        c.         FINAL SITE PLAN - SPR 05-05

Final 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 and restaurants; 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.

 

All interested parties were sworn in by City Attorney.  Staff presentation by Community Development Director.  Public Hearing opened  No comments.  Public Hearing closed.

 

After Commission discussion, Commissioner Frankel moved to approve.  Seconded by Commissioner Cangemi. 

 

SITE PLAN APPROVED 4 TO 1 (Tumin – no)

 

 

                        d.         DEVELOPMENT AGREEMENT

                                    Ordinance Second and Final Reading

 

All interested parties were sworn in by City Attorney.  Staff presentation by T. Reed.  Public Hearing Opened.  No comments.  Public Hearing closed.   Commissioner Frankel moved to read.  Seconded by Commissioner Tumin.  All yes.  Attorney read:

 

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 adopt.  Seconded by Commissioner Frankel.      

 

ORDINANCE 06-02-1148   PASSED AND ADOPTED 4 to 1  (Tumin – no)

 

 

 

            ii)         MEDITERANIA OF NORTH LAUDERDALE TOWNHOMES RELATED ITEMS

                        Southwest corner of SW 17th Street and SW 81st Avenue

 

                        a.         VAR 05-01

                                    Ordinance Second Final Reading

            To grant various variances from the City of North Lauderdale      Code of Ordinances to facilitate the development of             Mediterania   of North Lauderdale Townhomes project.

 

All interested parties were sworn in by the City Attorney.   Staff presentation by T. Reed.  Commissioner Frankel moved to read.  Seconded by Commissioner Tumin.  Attorney read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND GRANTING A VARIANCE FROM THE NORTH LAUDERDALE CODE OF ORDINANCES, SECTION 106-330 (a) TO PERMIT THE 30 FEET SETBACK FROM A TRAFFIC WAY, AS OPPOSED TO THE 50 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION; SECTION 106-330 (d) TO PERMIT THE 15 FEET REAR SETBACK, AS OPPOSED TO THE 25 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION; SECTION 106-330 (b) TO PERMIT THE 21.75 FEET FRONT YARD SETBACK, AS OPPOSED TO THE 25 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION; SECTION 106-323 (b) TO PERMIT THE 1584 SQUARE FEET LOT AREA PER UNIT, AS OPPOSED TO THE 1600 SQUARE FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION; SECTION 106-323 (a) TO PERMIT THE 18 FEET LOT WIDTH, AS OPPOSED TO THE 20 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION; SECTION 106-182 TO PERMIT THE 15.5 FEET SPACING BETWEEN BUILDINGS, AS OPPOSED TO THE 25 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION; SECTION 106-297 (5) TO PERMIT THE 8 UNITS PER BUILDING, AS OPPOSED TO THE 6 UNITS PER BUILDING REQUIREMENT ALLOWED BY THE SUBJECT SECTION; SECTION 106-185 (b)TO PERMIT THE 14 FEET IN HEIGHT THE ACCESSORY BUILDING (CLUBHOUSE, AS OPPOSED TO THE 12 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION; SECTION102-63 (c) TO PERMIT THE 4.5 FEET WIDE LADSCAPE STRIP BETWEEN THE BUILDINGS AND VEHICULAR ACCESSWAYS OR PARKING, AS OPPOSED TO THE 10 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION; LOCATED AT SOUTHWEST CORNER OF SW 17th STREET AND SW 81st AVENUE, 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.

 

Vice Mayor Tumin moved to adopt.  Seconded by Commissioner Frankel. 

 

ORDINANCE 06-02-1149  PASSED AND ADOPTED UNANIMOUSLY.

 

 

b.         Final Site Plan - SPR 05-04

                                    Final site plan review to permit development of fifty-eight (58)      town home units within Residential Medium Density (RM-  16) Zoning District.

 

All interested parties were sworn in by  the City Attorney.  Staff presentation T. Reed. Public Hearing opened.  No comments.  Public Hearing closed.  Commissioner Frankel moved  to adopt.  Seconded by Commissioner Cangemi. 

 

SITE PLAN APPROVED UNANIMOUSLY.

 

                        c.         Mediterania Pre-Construction Agreement (non quasi-judicial item)


Commissioner Tumin 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 APPROPRIATE CITY OFFICIALS TO ENTER INTO AND EXECUTE THE AGREEMENT FOR THE ISSUANCE OF SITE DEVELOPMENT PERMITS PRIOR TO PLAT APPROVAL AND RECORDATION BY AND BETWEEN THE CITY OF NORTH LAUDERDALE, AND MEDITERANIA TOWNHOMES AT NORTH LAUDERDALE, INC.; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

Staff presentation by T. Reed.  Vice Mayor Moyle moved to adopt.  Seconded by Commissioner Cangemi.  Commissioner Tumin asked “what impact fees will this developer be charged”. Ms. Reed and Jerry Mann explained the fees 

 

RESOLUTION 06-02-4975 PASSED AND ADOPTED 4 TO 1 (Tumin – no)

 

iii)         DELEGAL PLAT - LAND USE AMENDMENT - ZLU 06-01 A – Ordinance First Reading

            East side of State Road 7, North of Florida Turnpike

 

All interested parties were sworn in by the City Attorney.  Staff presentation by Ms. Reed.  Vice Mayor Moyle moved to read.  Seconded by Commissioner Tumin.  All yes.  Attorney read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING THE NORTH LAUDERDALE COMPREHENSIVE LAND USE PLAN IN ACCORDANCE WITH CHAPTER 163, SECTION 163.3184 OF THE FLORIDA STATUTES, TO PROVIDE THE CHANGE OF APPROXIMATELY 10.82 NET ACRES (14.97 GROSS ACRES) OF LAND LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, TO-WIT: THAT CERTAIN TRACT OF LAND DESCRIBED AS "A PARCEL “A” OF THE DELEGAL PLAT” AS RECORDED IN PLAT BOOK 155, AT PAGE 28 OF THE  PUBLIC RECORDS OF BROWARD COUNTY FLORIDA, BE CHANGED FROM  14.97 GROSS acres  of INDUSTRIAL (I) TO RESIDENTIAL HIGH DENSITY (16.1-25 DU/A) (R-Hd); (THE ALLOCATION OF FLEXIBILITY OR RESERVE UNITS BY THE CITY IS NOT REQUIRED); PROVIDING THAT THE OFFICIAL LAND USE MAP OF THE CITY OF NORTH LAUDERDALE SHALL BE AMENDED TO REFLECT SAID LAND USE CHANGE; DIRECTING STAFF TO TRANSMIT THE AMENDMENT TO THE LAND USE PLAN TO THE BROWARD COUNTY PLANNING COUNCIL WITH INSTRUCTIONS TO TRANSMIT CONCURRENTLY TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR LARGE SCALE REVIEW; PROVIDING FOR CONDITIONS; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.

 

Public Hearing opened.  No comments.  Public Hearing closed.  Vice Mayor Moyle moved to pass ordinance on first reading.  Seconded by Commissioner Cangemi. 

 

ORDINANCE PASSED ON FIRST READING 4 TO 1 (Tumin – no)

 

iv)        IMPERIAL ESTATESLand Use Amendment- ZLU 04-05       

             Second Reading and Final Reading - Ordinance 05-12-1141

            Imperial Estates Mobile Home Park - 5601 N. State Road 7

 

Vice Mayor Moyle moved to read.  Seconded by Commissioner Tumin.  All yes.  Attorney read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING THE NORTH LAUDERDALE COMPREHENSIVE LAND USE PLAN IN ACCORDANCE WITH CHAPTER 163, SECTION 163.3184 OF THE FLORIDA STATUTES, TO PROVIDE THE CHANGE OF APPROXIMATELY 27.47 NET ACRES (27.55 GROSS ACRES) OF LAND LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, TO-WIT: THAT CERTAIN TRACT OF LAND DESCRIBED AS "A PORTION OF TRACT 9, FORT LAUDERDALE TRUCK FARMS” AS RECORDED IN PLAT BOOK 4, AT PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY FLORIDA, BE CHANGED FROM  27.55 gross acres  of LOW MEDIUM RESIDENTIAL (10 DU/A) TO RESIDENTIAL MEDIUM (16 DU/A) (THE ALLOCATION OF FLEXIBILITY OR RESERVE UNITS BY THE CITY IS NOT REQUIRED); RMH); PROVIDING THAT THE OFFICIAL LAND USE MAP OF THE CITY OF NORTH LAUDERDALE SHALL BE AMENDED TO REFLECT SAID LAND USE CHANGE; DIRECTING STAFF TO TRANSMIT THE AMENDMENT TO THE LAND USE PLAN TO THE BROWARD COUNTY PLANNING COUNCIL WITH INSTRUCTIONS TO TRANSMIT CONCURRENTLY TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR LARGE SCALE REVIEW; PROVIDING FOR CONDITIONS; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.

 

Public Hearing opened.  No comments.  Public Hearing closed.  Vice Mayor Moyle moved to adopt.  Seconded by Commissioner Frankel

 

ORDINANCE 05-12-1141 PASSED AND ADOPTED   4 TO 1 (Tumin – no)

 

            v)         NORTH LAUDERDALE TOWNHOMES RELATED ITEMS

                        (SAVANNAH LANDINGS)

 

                        a.         LAND USE AMENDMENT - ZLU 04-02A

                                    Ordinance Second Reading

                                    East side of State Road 7, North of McNab Road

 

All interested parties were sworn in by City Attorney  Staff Presentation by T. Reed.  Vice Mayor Moyle moved to read.  Seconded by Commissioner Frankel.   All yes.  Attorney read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING THE NORTH LAUDERDALE COMPREHENSIVE LAND USE PLAN IN ACCORDANCE WITH CHAPTER 163, SECTION 153.3184 OF THE FLORIDA STATUTES, TO PROVIDE THE CHANGE OF APPROXIMATELY 3.92 NET ACRES (4.05 GROSS ACRES) OF LAND LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, TO-WIT: THAT CERTAIN TRACT OF LAND DESCRIBED AS "A PORTION OF PARCEL A OF THE PLAT OF “ALEXANDER HAMILTON NATIONAL BANK PLAT NO. 1” AS RECORDED IN PLAT BOOK 107, PAGE 36 AND A PORTION OF TRACT 3, BLOCK 96 OF THE PLAT OF “PALM BEACH FARMS COMPANY PLAT NO. 3” AS RECORDED IN PLAT BOOK 2, PAGE 54 OF THE PALM BEACH TRANSCRIPTS 1, PAGE 10 OF THE PUBLIC RECORDS OF BROWARD COUNTY FLORIDA, BE CHANGED FROM 3.00 gross acres  of Commercial (C) and approximately 1.00 gross acre of Community Facility for a total of approximately 4.05 gross acres and 3.92 net acres to Residential Medium Density (R-MD) (10.1 to 16 dwelling units/acre), THROUGH ISSUANCE OF TWENTY SEVEN (27) AFFORDABLE HOUSING UNITS; PROVIDING THAT THE OFFICIAL LAND USE MAP OF THE CITY OF NORTH LAUDERDALE SHALL BE AMENDED TO REFLECT SAID LAND USE CHANGE; DIRECTING STAFF TO TRANSMIT THE AMENDMENT TO THE LAND USE PLAN TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR LARGE SCALE REVIEW; PROVIDING FOR CONDITIONS; PROVIDING FOR CONFLICTS; AND, PROVIDING AN EFFECTIVE DATE.

 

Public Hearing Opened.  No Comments  Public Hearing Closed.  Vice Mayor Moyle moved to adopt on second reading.  Seconded by Commissioner Cangemi.  Commissioner Tumin moved to re-allocate affordable housing.  Motion died for lack of second. 

 

ORDINANCE 06-02-1151 PASSED AND ADOPTED 4 TO 1 (Tumin – no)

 

                        b.         REZONING – ZLU 04-02B

                                     Ordinance First Reading

                                    East side of State Road 7, North of McNab Road

 

All interested parties were sworn in by the City Attorney.  Staff Presentation by Ms. Reed. Vice Mayor Moyle moved to read.  Seconded by Commissioner Cangemi.  All yes.  Attorney read:

 

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:A PORTION OF PARCEL A OF THE PLAT OF “ALEXANDER HAMILTON NATIONAL BANK PLAT NO. 1” AND A PORTION OF TRACT 3, BLOCK 96 OF THE PLAT OF “PALM BEACH FARMS COMPANY PLAT NO. 3”, MORE PARTICULARLY DESCRIBED IN SECTION 1 BELOW FROM ZONING CLASSIFICATIONS COMMUNITY BUSINESS (B2) AND COMMUNITY FACILITY (CF) TO RESIDENTIAL MEDIUM DENSITY (RM-16); 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.

 

Public Hearing Opened.  No comments.  Public Hearing closed.  Commissioner Frankel moved to pass on first reading.  Seconded by Commissioner Cangemi.

 

ORDINANCE PASSED ON FIRST READING UNANIMOUSLY.

 

c.         VARIANCE VAR 06-01  

            Ordinance  First Reading

            East side of State Road 7, North of McNab Road

 

All interested parties were sworn in by the City Attorney.  Staff presentation by T. Reed. 

Vice Mayor Moyle moved to read.  Seconded by Commissioner Cangemi.  All yes.  Attorney read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING AND GRANTING A VARIANCE FROM THE NORTH LAUDERDALE CODE OF ORDINANCES, TO PERMIT THE 13.83 FEET SETBACK ON THE EAST SIDE OF BUILDING NUMBER 3 ABUTTING THE STREET, AS OPPOSED TO THE 20 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION 106-330 (c)(3); TO PERMIT THE 5 FEET  FENCE ON THE TOP OF 4 FEET RETAINING WALL, AS OPPOSED TO THE 6 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION 106-184 (7)(b); 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

 

Public Hearing Opened.  No Comments  Public Hearing Closed

 

Commission motion and second to pass the ordinance on first reading  made by Vice Mayor Moyle and seconded by Commissioner Tumin.

 

ORDINANCE PASSED ON FIRST READING UNANIMOUSLY.

 

                        d.         SITE PLAN - SPR 04-09 (Revised Site Plan)

                                    North Lauderdale Town homes

East side of State Road 7, North of McNab Road

 

Vice Mayor Moyle moved to approve the final site plan to construct 45 town homes in a proposed Residential Medium Density (RM-16) zoning district”.  Seconded by Commissioner Frankel.  Commissioner Tumin feels there should be more than one exit for safety purposes.

 

SITE PLAN APPROVED 4 TO 1.

 

7.         CONSENT AGENDA

 

Items  c and e removed from the consent agenda.  Commissioner Frankel moved to read the balance of the consent agenda.  Seconded by Commissioner Cangemi.  All yes.

 

Attorney read:

 

a.         City Water Plant Related Equipment Purchases

 

                        i)          ResolutionReplacement of Raw Water Well # 1’s Emergency Pumping Equipment Generator (M. Shields)

 

                        A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER, ON BEHALF OF THE CITY, TO ENTER INTO A PURCHASE CONTRACT WITH KPB SERVICES COMPANY FOR THE PURCHASE OF A GENERATOR WHICH INCLUDES ALL LABOR AND MATERIALS FOR WELL #1 IN AN AMOUNT NOT TO EXCEED $27,135.00; PROVIDING FOR FUNDING; AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION 06-02-4976

                        ii)         ResolutionReplacement of Gear Drive on Plant #1

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER, ON BEHALF OF THE CITY, TO ENTER INTO A PURCHASE CONTRACT WITH POWER & PUMPS INC., FOR THE PURCHASE OF A GEAR DRIVE UNIT FOR PLANT #1 IN AN AMOUNT NOT TO EXCEED $12,500.00; PROVIDING FOR FUNDING; AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION 06-02-4977

 

 

                        iii)        Resolution – Replacement of Lime Slaker

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A PURCHASE CONTRACT WITH WALLACE & TIERNAN FOR THE PURCHASE AND INSTALLATION OF A NEW LIME SLAKER IN AN AMOUNT NOT TO EXCEED $100,000; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION 06-02-4978

 

            b.         ResolutionSanitary Sewer Rehabilitation Bid #05-06-279 (M. Shields)

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT   BY AND BETWEEN THE CITY OF NORTH LAUDERDALE AND TELEVAC SOUTH INC. FOR SANITARY SEWER REHABILITATION PROJECT (BID #05-06-279) AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION 06-02-4979

 

 

 

 

REMOVED FROM CONSENT AGENDA

 

c.          Resolution - Transmittal of Comprehensive Plan Amendments to                                    Broward County for Recertification. (T. Reed.)

 

Commissioner Tumin moved to read.  Seconded by Commissioner Frankel.  All yes.  Attorney read:

 

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING TRANSMITTAL OF THE AMENDED CITY OF NORTH LAUDERDALE COMPREHENSIVE LAND USE PLAN TO THE BROWARD COUNTY PLANNING COUNCIL FOR RECERTIFICATION IN ACCORDANCE WITH THE ADMINISTRATIVE RULES DOCUMENT:  BROWARD COUNTY LAND USE PLAN, AS A RESULT OF THE ANNEXATION OF THE COMMERCIAL BOULEVARD ANNEXATION AREA; PROVIDING FOR CONDITIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

 

Commissioner Tumin moved to adopt.  Seconded by  Commissioner Frankel.  All yes

 

RESOLUTION 06-02-4980 PASSED AND ADOPTED UNANIMOUSLY.

 

 

 

           

           

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

d.         Resolution - Extension of 30th Year CDBG (2004-2005) (T. Reed)

 

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, FLORIDA, TO APPLY FOR AND TO FILE SUCH DOCUMENTS AS MAY BE REASONABLY REQUIRED TO REQUEST AN EXTENSION OF THE 30TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS TO CONTINUE THE HOMEOWNERSHIP OPPORTUNITIES PROGRAM (CITY WIDE); PROVIDING THAT THE CITY MANAGER SHALL BE AUTHORIZED TO CONTINUE SAID PROGRAM; PROVIDING FOR FINDINGS AND CONCLUSIONS WITH REGARD TO THE BENEFITS TO BE DERIVED BY EXTENDING THE PROGRAM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION 06-02-4981

           

 

REMOVED FROM CONSENT AGENDA..

 

e.         Motion“A motion to authorize the expenditure of $250.00 to sponsor a “hole” at the 2006 Boys/Girls Club Golf Tournament”. (J. Brady)  Commissioner Tumin made the above motion.  Motion seconded by Commissioner Frankel.   Commissioner Tumin asked how much are the taxpayers subsidizing the Club?   Vice Mayor Moyle said he is a Board member and he knows the board members work hard to do what they do for the club.  The Golf Tournament is a major fund raiser.  Commissioner Tumin wants the record to reflect that we do subsidize the club.  Mr. Sala said that we no longer subsidize them.    

 

MOTION APPROVED UNANIMOUSLY.

 

 

f.          Motion - “To approve Italian American Club Special Event to be held on  March 11, 2006, from 7:00 P.M. to 11:00 P.M., at the All Stars Café at 5280 N. State Road 7 parking lot. 

 

Vice Mayor Moyle moved to approve the consent agenda as read.  Seconded by Commissioner Frankel.

 

CONSENT AGENDA APPROVED UNANIMOUSLY.

 

8          OTHER BUSINESS

 

            a.         Resolution - Recreation Trails Program Grant for Hampton Pines Park (M. Sargis)   

 

Commissioner Tumin 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 CITY MANAGER, OR HIS DESIGNEE, TO TAKE ALL STEPS NECESSARY TO SUBMIT AN APPLICATION FOR FUNDING UNDER THE RECREATIONAL TRAILS PROGRAM; PROVIDING FOR FINDINGS AND CONCLUSIONS WITH REGARD TO THE BENEFITS TO BE DERIVED BY ACCEPTING SUCH GRANT FUNDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE

 

Staff presentation by P & R Director Sargis.  Public Hearing opened.  No comments.  Public Hearing closed.  Commissioner Tumin moved to adopt.  Seconded by Commissioner Frankel. 

.

RESOLUTION 06-02-4982 PASSED AND ADOPTED UNANIMOUSLY.

 

9          REPORTS

 

            a.         North Lauderdale Days Update (M. Sargis)

            b.         Use of Fields at Silver Lakes Middle School for organized youth/adult activities. (M. Sargis)

 

10.       EXECUTION OF DOCUMENTS

 

11.       CITY MANAGER COMMENTS

 

a.       Retreat/Budget Timeline (R. Sala/ B. Raducci)

 

12.       CITY ATTORNEY COMMENTS

 

13.       COMMISSION MATTERS AND COMMENTS

 

Commissioner  Cangemi said it has been bothering him that a fellow Commissioner said that he thinks he caught the Commission in a lie.    

 

Commissioner Tumin said “apparently our trash contract has been changed”.  He then moved to change the contract to require weekly pick up in lieu of calling the dispatcher  for pick up.  Motion died for lack of second.  Commissioner Tumin then asked why the vendor does not follow the contract

 

Commissioner Tumin read letters from residents saying the City is going down hill.  Mayor Brady said he got the same letters and he called the people up.

 

Mayor Brady said this is the first time a candidate tried to smear his colleagues in the paper.  He told Commissioner Tumin “if you question my integrity without any merit that is immoral.  The Mayor passed the gavel and moved that on March 28th, Commissioner Tumin’s ethic code violation be put on the agenda.   The City Manager advised him that he does not need to make a motion to put it on the agenda, he can do it without a motion.  Vice Mayor Moyle banged the gavel to adjourn the meeting..

 

MEETING ADJOURNED AT 6:29 P.M.

 

 

RESPECTFULLY SUBMITTED,

 

 

C. MILLI DYER

CITY CLERK