NORTH LAUDERDALE CITY COMMISSION

MARCH 13, 2007

REGULAR MEETING – 5:30  P.M.

MINUTES

 

The North Lauderdale City Commission met on March 13, 2007 at the Municipal Complex.  The meeting convened at 5:33 P.M.

 

INVOCATION AND PLEDGE OF ALLEGIANCE –  Mayor Brady

 

ROLL CALL

 

                  Mayor J. Brady

                  Vice Mayor R. Moyle

                  Commissioner G. Frankel

                  Commissioner J. Cangemi

                  Commissioner D. Hilton

 

                  City Manager R. Sala

                  City Clerk C.M. Dyer

                  City Attorney S. Goren

 

APPROVAL OF MINUTES  - February 13, 2007 – Motion to approve by Commissioner Frankel and seconded by Commissioner Cangemi.  All yes

 

MINUTES APPROVED UNANIMOUSLY.

 

 

PUBLIC DISCUSSION

 

Brenda Edwards – Thanked the Commission for their continuous support of the pageant.  The event will be on the 24th.  All commissioners invited.  17 young women will be  participating.

 

 

PRESENTATIONS

 

a.      Lamar Fisher – School Building Proposal – Lamar & Lewis Fisher made power point presentation.  Copy of power point presentation available to read in City Clerk’s office.

 

 

 

 

 

 

QUASI JUDICIAL ITEM(S)

 

The Point ZLU 06-02 A - 3601 W. Commercial Boulevard - Ordinance Second Reading –Zoning Amendment.

                                                                       

Project Description:

A motion to approve the second and final reading of an ordinance approving a Zoning amendment to the City of North Lauderdale Zoning Map to rezone Tract B, a total of 3.80 acres, zoned Light Industrial (M-1) to General Business (B-3).

 

Applicant:  Nectaria Chakas, Esq.

 

Nectaria M. Chakas, Attorney for Ruden Mc Closky waived quasi judicial procedure.  She said Ruden McClosky agrees to all stipulations and conditions of the City.   

 

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: TRACT A & B OF “THE POINT” REPLAT AS RECORDED IN PLAT BOOK 119 AT PAGE 28 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, FROM ZONING CLASSIFICATIONS GENERAL BUSINESS (B-3) AND 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.

 

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

 

ORDINANCE 07-03-1182 PASSED AND ADOPTED UNANIMOUSLY.

 

 

 

ORDINANCE(S) SECOND READING  - PUBLIC HEARING

 

City of North Lauderdale (“City”) / Sexual Offender-Sexual Predator Ordinance

 

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

 

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.

 

Mr. Goren made the staff presentation.  Public Hearing opened.  No comments.  Public Hearing closed.  Commissioner Frankel moved to adopt.  Seconded by Commissioner Cangemi.  All yes.

 

ORDINANCE 07-03-1183 PASSED AND ADOPTED UNANIMOUSLY.

 

 

CONSENT AGENDA

 

Commissioner Frankel moved to read the Consent Agenda.  Seconded by Commissioner Cangemi.  All yes.

 

City Attorney read:

 

 

a.      RESOLUTION – Supporting House Bill 791 and Senate Bill 2080 to protect Municipal Home Rule Powers in Broward County

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT HOUSE BILL 791 AND COMPANION SENATE BILL 2080 CURRENTLY PENDING BEFORE THE FLORIDA LEGISLATURE, RELATED TO MUNICIPAL HOME RULE AUTHORITY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

 

RESOLUTION 07-03-5207

 

b.      Resolution - Opposing House Bill 529, Consumer Choice Act of 2007   (Removes the right of local governments to regulate Cable and Television Franchising)

 

A RESOLUTION OF THE CITY OF NORTH LAUDERDALE, BROWARD COUNTY, FLORIDA, EXPRESSING OPPOSITION TO  HOUSE BILL 529 KNOWN AS THE “CONSUMER CHOICE ACT OF 2007” (H529), URGING FLORIDA LEGISLATIVE REPRESENTATIVES TO REFRAIN FROM ANY FORM OF SUPPORT OR  CO-SPONSORSHIP OF H529 AND TO VOTE IN OPPOSITION TO H529, REQUESTING GOVERNOR CRIST TO ADVISE THE HOUSE AND SENATE LEADERSHIP THAT HE DOES NOT SUPPORT H529 DURING THE 2007 REGULAR SESSION, AND DIRECTING THAT THIS RESOLUTION BE FORWARDED TO FLORIDA GOVERNOR CRIST, THE BROWARD COUNTY LEGISLATIVE DELEGATION, THE MAYOR OF EACH MUNICIPALITY IN BROWARD COUNTY, THE LEADERSHIP OF THE BROWARD COUNTY LEAGUE OF CITIES, THE LEADERSHIP OF THE FLORIDA LEAGUE OF CITIES, AND EACH MEMBER OF THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS; AND PROVIDING AN EFFECTIVE DATE.

 

RESOLUTION 07-03-5208

 

c.       MOTION – to authorize an expenditure of $250 to sponsor a hole at        Boys/Girls Club Golf Tournament (Mayor Brady)

 

 

d.      SWAV 06-06     Sign Waiver Request -  North Lauderdale Beauty     Supply - 8052 West McNab Road

                                   

 

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING A SIGN WAIVER REQUEST FOR NORTH LAUDERDALE BEAUTY SUPPLY, LOCATED AT 8052 WEST McNAB ROAD, NORTH LAUDERDALE, FLORIDA, THEREBY PERMITTING THE INSTALLATION AND MAINTENANCE OF A SIGN WITH 20” HIGH CAPITAL LETTERS WHERE MAXIMUM 16 INCHES HIGH LETTERS ARE ALLOWED BY SECTION 94-16 (C) (2) c  OF THE CITY’S CODE OF ORDINANCE WITHIN A COMMUNITY BUSINESS (B-2) ZONING DISTRICT.

 

RESOLUTION 07-03-5209

 

Commissioner Frankel moved to adopt the consent agenda as read.  Seconded by Commissioner Hilton.  All yes.

 

CONSENT AGENDA APPROVED UNANIMOUSLY.

 

 

OTHER BUSINESS

 

Ordinance First Reading - Amendment to Chapter 86

“BUSINESS LICENSES AND REGULATIONS” and Chapter 106 “ZONING” of the City’s Code of Ordinances (related to outdoor vendors)

 

Commissioner Hilton moved to read.  Seconded by Commissioner Cangemi.  All yes.  Attorney read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 86 OF THE CITY’S CODE OF ORDINANCES, ENTITLED “BUSINESS LICENSES AND REGULATIONS”; SPECIFICALLY AMENDING ARTICLE IV, ENTITLED “BUSINESSES”, BY CREATING DIVISION 3, TO BE ENTITLED “OUTDOOR VENDORS”; PROVIDING FOR FINDINGS AND INTENT;  PROVIDING FOR DEFINITIONS; PROVIDING FOR PERMIT REQUIREMENTS; PROVIDING A FOR A TIME, PLACE AND MANNER IN WHICH OUTDOOR VENDORS MAY OPERATE; PROVIDING AN APPLICATION PROCESS FOR STATIONARY OUTDOOR VENDORS; AMENDING CHAPTER 106 OF THE CITY’S CODE OF ORDINANCES, ENTITLED “ZONING”, SPECIFICALLY AMENDING ARTICLE IV, ENTITLED “SPECIAL EXCEPTION USES” BY AMENDING SEC. 106-158, ENTITLED “APPLICATION PROCESS”; FURTHER AMENDING SEC. 106-468, ENTITLED “MASTER BUSINESS LIST” TO PROVIDE FOR STATIONARY OUTDOOR VENDORS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

 

Staff presentation by T. Reed.  Commissioner Frankel moved to pass on first reading.  Seconded by Commissioner Hilton.  All yes.

 

ORDINANCE PASSED ON FIRST READING UNANIMOUSLY.

 

 

 

ORDINANCE FIRST READING - Amendment to Chapter 6    “AMUSEMENTS AND ENTERTAINMENTS” of the City’s Code of Ordinances  

 

Commissioner Frankel moved to read.  Seconded by Commissioner Cangemi.  All yes.

 

Attorney read:

 

AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, DELETING IN ITS ENTIRETIES THE CURRENT PROVISIONS OF CHAPTER 6, ENTITLED, "AMUSEMENTS AND ENTERTAINMENTS," ARTICLE III, ENTITLED, "GAME MACHINES,” AND REPLACING THEM WITH A NEW ARTICLE III ENTITLED “GAME MACHINES AND BILLIARDS,” AND NEW SECTIONS 6-51 THROUGH 6-61, TO PROVIDE FOR THE TERMS AND CONDITIONS OF MECHANICAL AMUSEMENT DEVICES AND BILLIARD/POOL TABLES AS SPECIAL EXCEPTION SECONDARY USES AS AUTHORIZED IN THE CITY’S MASTER BUSINESS USE LIST;  PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.

 

Commissioner Frankel moved to pass on first reading.  Seconded by Commissioner Cangemi.  All yes.

 

ORDINANCE APPROVED ON FIRST READING UNANIMOUSLY.

 

 

RESOLUTION – Selecting Director, Alternate and Second Alternate to serve on  Broward League of Cities Board of Directors.

 

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

 

A RESOLUTION OF THE NORTH LAUDERDALE CITY COMMISSION APPOINTING A DIRECTOR, AN ALTRNATE DIRECTOR AND A SECOND ALTERNATE TO THE BROWARD LEAGUE OF CITIES BOARD OF DIRECTORS; PROVIDING THAT A COPY OF THIS RESOLUTION BE SENT TO RHONDA CALHOUN AT THE BROWARD LEAGUE OF CITIES; AND PROVIDING AN EFFECTIVE DATE.

 

Staff presentation by Attorney Goren.  Commissioner Frankel nominated Mayor Brady.  Second by Commissioner Cangemi.  All yes.  Commissioner Hilton nominated Commissioner Cangemi as Alternate Director.  Seconded by Mayor Brady (after passing his gavel)  All yes.  Mayor Brady nominated Commissioner Frankel as second Alternate Director.  Seconded by Commissioner Hilton.  All yes.

 

Commissioner Frankel moved  to approve the Resolution naming Mayor Brady, Commissioner Cangemi and Commissioner Frankel as Director, Alternate Director and second Alternate Director respectively.  Seconded by Commissioner Hilton.  All yes.

 

RESOLUTION 07-03-5210 PASSED AND ADOPTED UNANIMOUSLY

 

 

REPORTS

 

Update on Fee Schedule Amendments  Ms.T. Reed said the presentation of an ordinance on recommended fee schedule will be on the agenda  at the March 28th meeting.

 

FPL SW 81st Avenue update – Mr. Shields gave an  update – He said there is a little bit longer delay on lights due to the fact that we are waiting for an FPL response on whether they will fund some transformer relocations.

 

Planting of Berm – Mr. Shields said  “we are ready to start.   The cost will be approximately. $41,000.   We want to proceed with planting the Berm as soon as possible.   We are bringing back the expenditure for Water Control District approval at the March 28th meeting”.

 

 

COMMISSION COMMENTS

 

Discussion and possible motion to authorize Commission and Administration to travel to Tallahassee on April 18 – 19 to lobby key legislator’s issues.   

 

Attendees will be Mayor Brady, Vice Mayor Moyle and Commissioner Cangemi.

Motion to approve made by Commissioner Frankel and seconded by Commissioner Cangemi.  All yes.

 

 

CITY MANAGER COMMENTS

 

Mr. Sala gave an update on  2007 Commission Retreat.

 

 

CITY ATTORNEY COMMENTS

 

North Lauderdale Academy School Building Proposal

 

Commissioner Cangemi moved for City to go ahead with reappraisal of the school property.  Seconded by Vice Mayor Moyle.     All yes.

 

Commissioner Cangemi moved to have an agreement drawn up for the Commission review.  Seconded by Commissioner Hilton.  All yes.

 

Commissioner Hilton made a. motion to direct the City Administration and the City Attorney to execute an acceptable Agreement between the City of North Lauderdale and Fisher Auction Co., Inc. to sell the North Lauderdale Academy High School Facility  Seconded by Commissioner Cangemi.  All yes.

 

ADJOURNMENT   7 p.m.

 

RESPECTFULLY SUBMITTED,

 

C. MILLI DYER, CITY CLERK