CITY OF
COMMISSION MEETING
TUESDAY, DECEMBER
11, 2007
REGULAR MEETING –
5:30 P.M.
MINUTES
The North Lauderdale City Commission met on December 11, 2007 at the Municipal Complex. The meeting convened at 5:32 p.m.
1. INVOCATION AND PLEDGE OF ALLEGIANCE – Commissioner Frankel gave the invocation
2.
ROLL CALL
Mayor
Vice Mayor John Cangemi
Commissioner Gary
Frankel
Commissioner Rich Moyle
Commissioner David
Hilton
City Manager Richard Sala
City Attorney
3.
VICE-MAYOR’S OATH OF OFFICE - Oath of Office administered to Vice-Mayor Cangemi by Interim City Clerk Vancheri.
4.
PRESENTATIONS –
Mayor Brady commended Commissioner Moyle and
thanked him for his service to the City.
Mayor Brady also introduced Representative Ari Porth
who was present in the audience.
5. PUBLIC DISCUSSION – No one signed up to speak.
6. QUASI-JUDICIAL ITEMS
a. Granada Related Items:
i.
ORDINANCE
- Second Reading:
SUBJECT: ZLU 07-01B Granada (Delegal Plat)
State Road 7 &
Zoning amendment to the City of
APPLICANT: Altman
Development Corporation
· All interested parties are sworn in by City Attorney
· Staff Presentation
· Motion and second and vote to read title
· Public Hearing Opened.
· Public Comments
· Public Hearing Closed
· Commission motion and second to pass the ordinance on second reading
· Commission discussion
· Commission vote
AN ORDINANCE OF THE
CITY OF NORTH LAUDERDALE, FLORIDA, REZONING 14.97 GROSS ACRES MORE OR LESS OF
LAND LOCATED IN THE CITY OF NORTH LAUDERDALE, COUNTY OF BROWARD, STATE OF
FLORIDA, TO WIT: PARCEL “A”, DELEGAL PLAT, (APPROXIMATELY 14.97 GROSS ACRES) ACCORDING
TO THE PLAT THEROF AS RECORDED IN PLAT BOOK 155, PAGE
28 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED IN SECTION 1 BELOW FROM ZONING CLASSIFICATION OF INDUSTRIAL (M-1)
DISTRICT TO PLANNED UNIT DEVELOPMENT (PUD); 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.
Motion to read the ordinances relating to the
ORDINANCE NO. 07-12-1200 PASSED AND
ADOPTED UNANIMOUSLY
ii.
SUBJECT: VAR- 07-01 Granada (Delegal Plat)
State
Road 7 and
ORDINANCE
- Second Reading
To grant various variances from the City of North Lauderdale Code of Ordinances to facilitate the development of Granada, a mixed-use project consisting of residential and commercial components.
APPLICANT: Altman Development Corp
· All interested parties are sworn in by City Attorney
· Staff Presentation
· Motion and second and vote to read title
· Public Hearing Opened.
· Public Comments
· Public Hearing Closed
· Commission motion and second to pass the ordinance on second 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, TO PERMIT THE 26.8 FEET SETBACK ON THE WEST SIDE OF BUILDING NUMBER 3 AND 5 ABUTTING THE TRAFFICWAY ON STATE ROAD 7,
AS OPPOSED TO THE 50 FEET REQUIREMENT ALLOWED BY THE SUBJECT SECTION 106-350
(c)(4); TO PERMIT 28% OPEN SPACE OF THE
GROSS SITE AREA, AS OPPOSED TO THE
35% OF THE GROSS SITE AREA REQUIREMENT
ALLOWED BY THE SUBJECT SECTION 106-350 (k); TO PERMIT 414 PARKING SPACES, AS OPPOSED TO THE 508 PARKING SPACES
REQUIREMENT ALLOWED BY THE SUBJECT SECTION 106-223 (a) (3); 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.
Attorney read
the ordinance.
ORDINANCE NO. 07-12-1201 PASSED
AND ADOPTED UNANIMOUSLY
iii. ORDINANCE - Second Reading: Development Agreement
Altman Development Corporation and 441 Real Estate
Investment, Inc. (United Homes)
· All interested parties are sworn in by City Attorney
· Staff Presentation
· Motion and second and vote to read title
· Public Hearing Opened.
· Public Comments
· Public Hearing Closed
· Commission motion and second to pass the ordinance on second reading
· Commission discussion
· Commission vote
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, AND ALTMAN DEVELOPMENT CORPORATION AS DEVELOPER AND 441 REAL ESTATE INVESTMENT, INC. AS
PROPERTY OWNER 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.
Attorney read the
ordinance. Public Hearing opened. No comments.
Public Hearing closed. Commissioner
Frankel made a motion to approve.
Seconded by Vice-Mayor Cangemi. No Commission discussion. All in favor.
ORDINANCE NO. 07-12-1202 PASSED AND ADOPTED
UNANIMOUSLY
iv.
SUBJECT: SPR 07-03
State Road 7 and
Final site plan review to permit development of 220 residential units and up to 10, 000 square feet of general commercial use within a proposed Planned Unit Development (PUD) Zoning District
APPLICANT: Altman Development Corporation
· All interested parties are sworn in by City Attorney
· Commission, motion and second to approve
· Public Hearing opened
· Public Discussion
· Public Hearing Closed
· Commission Discussion
· Commission vote
MOTION: To approve a final site plan to permit development of 220
residential units and up to 10, 000 square feet of commercial use within a
proposed Planned Unit Development (PUD) Zoning
District.
Attorney read title. Commissioner Frankel moved to approve. Seconded by Vice-Mayor Cangemi. Tammy Reed-Holguin indicated that the Commission approved the preliminary site plan at the November 29th meeting. She said since that time there have been discussions with the developer regarding the wall and fence perimeter and the berm and they have come to an agreement on that construction. Since they submitted the staff recommendation, Ms. Reed-Holguin said the developer requested the addition of dollar amounts to the pedestrian street lights that the City is requiring as condition number 21, and a dollar amount to the tower that they are going to build, which is condition number 17. She said they are proposing that the tower be an amount not to exceed $75,000.00 and the pedestrian street lights are $10,000.00. Ms. Reed-Holguin said if the Commission approves, they will amend the site plan to reflect those amounts. Mr. Knight spoke to the Commission and said they are fine with the pedestrian lighting, which are four lights at $2,500.00 a light. He said that contribution will be made to the City prior to the issuance of the first certificate of occupancy. He said they are also okay with the tower cap and that they will be doing the constructing and they are agreeable with the conditions. Public Hearing opened. No Comments. Public Hearing closed. Commissioner Frankel moved to approve. Seconded by Vice-Mayor Cangemi. No Commission discussion. All in favor.
MOTION
APPROVED UNANIMOUSLY
(End of
b.
SUBJECT: SEU 07-06 -
New Divine Apostolic Ministry of
8054
Special Exception Use (SEU) permit to operate
a church in a Community Business (B-2) Zoning District.
APPLICANT: New Divine
Apostolic Ministry of Ft. Lauderdale, Inc
· All interested parties are sworn in by City Attorney
· Commission, motion and second to approve
· Public Hearing opened
· Public Discussion
· Public Hearing Closed
· Commission Discussion
· Commission vote
MOTION: To approve the proposed Special
Exception Use permit to operate a church in a Community Business (B-2) Zoning
District.
Attorney read
title.
MOTION APPROVED UNANIMOUSLY.
a.
SUBJECT: PLT 07-01 (Preliminary
Plat Approval)
(West side of SR 7, North of Prospect Road)
ORDINANCE - First Reading:
Preliminary plat approval
to replat 6000 square feet for commercial use, on a
portion of tract 16 in the east ½ of Section 12, Township 49 South, Range 41
East according to the Plat of “Fort Lauderdale Truck Farms Company Plat”
(approximately .4047 acres) as recorded in Plat Book 4, at Page 31 of Public
Records of Broward County, Florida to be known as “Izzy
and Max Plat” to be used for retail development.
APPLICANT: Pulice Land
Surveyors, Inc
· All interested parties are sworn in by City Attorney
· Staff Presentation
· Motion and second and vote to read title
· Public Hearing Opened.
· Public Comments
· Public Hearing Closed
· Commission motion and second to pass 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 16 IN THE EAST ½ OF SECTION
12, TOWNSHIP 49 SOUTH, RANGE 41 EAST ACCORDING TO PLAT “Fort Lauderdale Truck
Farms Company Plat” (approximately .4047 acres) as recorded in Plat Book 4, at
Page 31 of Public Records of Broward County, Florida to be known as “IZZY AND MAX Plat” and to restrict the plat to the
development of 6000 SQUARE FEET OF COMMERCIAL USE, 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.
Commissioner Frankel moved to read the
ordinance. Seconded by Vice-Mayor Cangemi. Attorney
read Ms. Reed-Holguin presented the
item. She indicated that this property
is located on the west side of State Road 7 just north of
Motion to approve was made by Commissioner
Frankel. Seconded by Vice-Mayor Cangemi. Mayor Brady
asked if the applicant was in agreement with the conditions placed by the
City. Attorney swore in Jane Storms
representing Pulice Land Surveyors. Ms. Storms indicated that she concurs with
staff recommendations. No further
discussion. All in favor.
ORDINANCE UNANIMOUSLY PASSED AND
ADOPTED ON FIRST
1. CONSENT AGENDA
· Remove any items from consent agenda desired by Commission
· Motion, second and vote to read consent agenda
· Attorney reads consent agenda
· Motion, second and vote to adopt the consent agenda
a. RESOLUTION - Award of Bid: Pump Station # 12 Upgrades - Bid #07-10-295 -(Mike 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 CHAZ EQUIPMENT FOR THE PUMP
STATION #12 UPGRADES (BID # 07-10-295) IN AN AMOUNT NOT TO EXCEED $281,700;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTIONS TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. 07-12-5284
b. RESOLUTION
- 2008 Pre-Disaster
Mitigation Grant Program – (Dana Spencer
and Mike Shields)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY
TO SUBMIT AN APPLICATION TO THE U.S. DEPARTMENT OF HOMELAND SECURITY, FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) 2008 PRE-DISASTER MITIGATION GRANT PROGRAM
IN AN AMOUNT NOT TO EXCEED $250,000 TO PROVIDE FUNDING TOWARDS RETROFITTING THE
CITY’S LIFT STATIONS WITH FIXED GENERATORS; PROVIDING FOR FINDINGS AND
CONCLUSIONS WITH REGARD TO THE BENEFITS TO BE DERIVED BY APPLYING FOR SUCH
FUNDING; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. 07-12-5285
Commissioner Moyle moved to approve the consent
agenda as read. Seconded by Commissioner
Hilton. All yes.
CONSENT AGENDA APPROVED
UNANIMOUSLY.
8.
OTHER BUSINESS
a. RESOLUTION
- 34th Year (2008-2009)
Community Development Block Grant Application – (Tammy Reed-Holguin)
· Commission motion, second and vote to read
· Attorney reads title
· Staff presentation
· Commission motion and second to adopt
· Commission discussion
· Commission vote
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 FOR
AVAILABLE 34th YEAR (FISCAL
YEAR OCTOBER 2008 – SEPTEMBER 2009) COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN
THE AMOUNT OF AN ESTIMATED $374,737 FOR PROGRAMS THAT MAY INCLUDE THE
CONTINUATION OF THE CITY’S HOME OWNERSHIP OPPORTUNITIES PROGRAM (CITY WIDE),
IMPLEMENTATION OF A SENIOR CENTER PROGRAM, AND IMPLEMENTATION OF A NEIGHBORHOOD
IMPROVEMENT PROGRAM TO BE PROACTIVE BY IMPROVING AND EXPANDING OUR CODE
ENFORCEMENT OPERATIONS TO HELP IN THE PREVENTION OF ABANDONED PROPERTY
DETERIORATION CONTRIBUTING TO SLUM AND/OR BLIGHTED CONDITIONS; PROVIDING THAT
THE CITY MANAGER SHALL BE AUTHORIZED TO EXECUTE GRANT AWARD AGREEMENTS AND TO
IMPLEMENT SAID PROGRAMS IF AND WHEN FUNDING IS APPROVED; 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.
Ms.
RESOLUTION NO. 07-12-5286 APPROVED
UNANIMOUSLY
9.
REPORTS
a.
Water Restrictions Update
Code Enforcement Supervisor, Jesus Valdes,
gave an update on the current water restrictions and said we are going to be
entering another phase of enforcement.
He said the South Florida Water Management will be meeting again and
most likely will be implementing Phase III water restrictions which will affect
us significantly. He also said Code
Enforcement and BSO will be the lead enforcement
bodies for the district. This will mean
that there will be only one day on which to water depending on the odd or even
days. He said they are currently
enforcing and fining based on the Phase II restrictions. Mr. Valdes provided
the Commission with a handout outlining Phase III and spoke about the push for
water conservation education. Mayor
Brady said we should put this on the cable channel and the newsletter.
b.
Property Tax Reform Update
A motion was made by Vice-Mayor Cangemi not to exceed $10,000.00 to educate the residents
as to the ballot question on the January 29th ballot and to direct
Attorney Horowitz to draft two resolutions; one with regard to the expenditure
of $10,000.00 on educating the public on this issue and one with regard to the
Commission’s collective position on opposing the constitutional amendments.
Seconded by Commissioner Frankel. All
yes.
c.
School Facility Update
10.
COMMISSION COMMENTS
Mayor Brady passed the gavel and made a motion
to close City Hall on Monday, December 24, 2007, in recognition of the season
and any non-emergency classification positions covered by the City’s
Comprehensive Pay Plan be allotted the four hour administrative leave pay. Seconded by Commissioner Moyle. All yes.
MOTION
APPROVED UNANIMOUSLY
Mayor Brady passed out a pamphlet from LL
Research & Consulting Crisis Management and spoke about the program and
suggested that a workshop be set up to hear more about the program. He said that he has spoken with Chief Cavallo about it as well.
Mr. Brady discussed how this program may be beneficial. Mr. Frankel said the school system should do
this also. Mr. Sala
asked if this was something he wanted opened to the public. Mayor Brady said yes, maybe our schools, the
Boys and Girls Club. Mr. Sala said it may be more like a town meeting. Mayor Brady said he would like to do it
sometime in January. Mr. Sala said they can meet and discuss it. Commission consensus was yes.
Vice-Mayor Cangemi
commended Chief Cavallo on the recent arrest in our
neighborhood and said to thank the officers for their work.
11.
CITY MANAGER COMMENTS
a.
Executive Session – Wednesday, December 12, 2007
– 5:30 pm
b.
Tree Lighting Ceremony – Wednesday, December 12,
2007 – 7:00 pm
City Manager Sala
reminded the Commission about the executive session and the tree lighting
ceremony and said he will be working with Attorney Horowitz to go over the Bill
submitted by Senator Jeremy Ring and a Fire Bill which just came to his
attention today.
12.
CITY ATTORNEY COMMENTS
Walk-On
Item:
Attorney Horowitz said this local bill was
filed pertaining to the creation of a Broward County Special District
Commission which would essentially review, evaluate and examine the functionality
of special districts throughout
RESOLUTION
NO. 07-12-5287 APPROVED UNANIMOUSLY
Attorney Horowitz went on to address a local
bill that he just found out about which calls for the creation of a taxing
district, the Broward Urban Fire District, which essentially creates a uniform
entity to provide emergency medical services to municipalities. He said it would govern all the
municipalities that join by resolution and enter into this umbrella fire
district. Attorney Horowitz said under
direction of the Commission he would draft a resolution opposing this proposal
and it would be similar to the resolution just adopted. Commissioner Moyle made a motion to draft the
resolution. Seconded by Vice-Mayor Cangemi. All in
favor.
13. ADJOURNMENT – There being no further discussion, the meeting adjourned at 6:56 p.m.
Respectfully submitted,
Patricia Vancheri, Interim City Clerk