CITY OF
COMMISSION MEETING
TUESDAY, JUNE 30,
2009
REGULAR MEETING –7:00
p.m.
NORTH
LAUDERDALE RECREATION FOUNDATION, INC.
(Immediately
following Commission Meeting)
AGENDA
1. INVOCATION AND PLEDGE OF ALLEGIANCE – Commissioner Frankel
2.
ROLL CALL
Mayor
Vice Mayor
Commissioner Gary
Frankel
Commissioner Rich Moyle
Commissioner David G.
Hilton
City Attorney Samuel S. Goren
3.
MINUTES – None submitted for approval
4.
PUBLIC DISCUSSION
5.
PRESENTATIONS
6.
QUASI-JUDICIAL ITEMS
a.
ORDINANCE – First Reading
SUBJECT: REZONING ZLU
08-01
(Southside
of
Zoning
amendment to the City of North Lauderdale Zoning Map to rezone the subject
property from Mobile Home (MH) to Parcel A Community Facility (CF), (1.7371
acres) & Parcel B to Community Business (B-2), (2.1142 acres) a total of
3.8513 acres.
APPLICANT: Keith M. Poliakoff,
§ All interested parties are sworn in by City Attorney
§ Motion and second and vote to read 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 OF LAND IN THE NORTHWEST ONE--QUARTER (NW ¼) OF SECTION
18, TOWNSHIP 49 SOUTH, RANGE 42 EAST AS RECORDED IN BOOK 3128 AT PAGE 352 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA, SAID TRACTS BEING MORE PARTICULARLY DESCRIBED ON EXHIBIT
"A" ATTACHED HERETO FROM ZONING CLASSIFICATIONS MOBILE HOME (MH) TO COMMUNITY FACILITY (CF,
1.7371 ACRES) AND COMMUNITY BUSINESS (B-2 , 2.1142 ACRES); 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.
ORDINANCE
– First Reading
SUBJECT: PLT
07-03 (Preliminary Plat Approval)
(
Preliminary approval to plat 53,000 square
feet for private school and 160,000 square feet for commercial use at Northwest
one-quarter (NW ¼) of section 18, Township 49 South, Range 42 East
(approximately 3.8513 acres) as recorded in Book 3128, at Page 352 of Public
Records of Broward County, Florida to be known as “Temple Messianique
Plat” to be used for retail development and community facility use.
APPLICANT: Global Ministries of
§ All interested parties are sworn in by City Attorney
§ Motion and second and vote to read 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 COMMISSION OF THE CITY OF NORTH LAUDERDALE FLORIDA, APPROVING AND
ACCEPTING THE PLATTING AND SUBDIVISION OF LAND LOCATED IN THE CITY OF NORTH
LAUDERDALE, COUNTY OF BROWARD, STATE OF FLORIDA, KNOWN AS THAT CERTAIN TRACT OF
LAND IN THE NORTHWEST ONE-QUARTER (NW ¼) OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 42
EAST (approximately 3.8513 acres) as recorded in Book 3128, at Page 352 of
Public Records of Broward County, Florida to be known as “TEMPLE MESSIANIQUE
PLAT” and to restrict the plat to the development of 53,000 SQUARE FEET OF
COMMUNITY FACILITY DEVELOPMENT AND 160,000 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.
c.
ORDINANCE
– First Reading
SUBJECT: VAR-
08-02 Charter School
of North Lauderdale
Variance
to allow Guardhouse Site Plan Design on Setbacks-Section 106-420 (1), Fence
Height Section 106-184 (b).
APPLICANT: Temple Messianique Inc.
§ All interested parties are sworn in by City Attorney
§ Motion and second and vote to read 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 106-420 (1) TO PERMIT 36.6 FEET BUILDING
SETBACK FOR ACCESSORY STRUCTURE, AS OPPOSED TO THE 75 FEET REQUIREMENT ALLOWED
BY THE CODE SECTION 106-184 (B) TO PERMIT 8
FEET HIGH FENCE AS OPPOSED TO THE 6 FEET HIGH FENCE REQUIREMENT ALLOWED BY THE CODE;
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.
SUBJECT: Site Plan SPR
08-01 (
To erect a guardhouse and an 8 foot fence at
APPLICANT: Temple Messianique, Inc.
§ 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
§ Commission discussion
§ Commission vote
MOTION: To approve
Preliminary Site Plan
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
a.
RESOLUTION - SWAV 09-01
Family Dollar
Sign
Waiver Request to allow two wall
identification signs with 24 inches in height letters and a total of 103.09
square feet of signage, where maximum 16 inches in height letters are allowed
by section 94-16 (c) (2) (c) and 73 square feet of signage are allowed by Code
within Community Business (B-2) Zoning District.
Applicant: Sign Solutions on behalf of Family Dollar
A RESOLUTION OF
THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING A SIGN
WAIVER REQUEST FOR FAMILY DOLLAR, LOCATED AT 8076 W MCNAB ROAD, NORTH
LAUDERDALE, FLORIDA, THEREBY PERMITTING THE INSTALLATION AND MAINTENANCE OF ONE
SIGN WITH 24” HIGH CAPITAL LETTERS, WHEREAS 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.
b.
RESOLUTION – SWAV
09-02 Player’s Sports Bar
& Grill
Sign
Waiver request to allow 30 inch high capital letter P, 30 inch
high lower case letters l and y, where a maximum of 16 inch high letters are
allowed according to section 94-16 (c)
(1) (c) within General Business (B-3) Zoning District.
APPLICANT:
Bernadette Skoczen
A RESOLUTION OF THE
CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING A SIGN
WAIVER REQUEST FOR Player’s Sports Bar
& Grill, LOCATED AT 5280 N STATE ROAD 7, NORTH LAUDERDALE, FLORIDA,
THEREBY PERMITTING THE INSTALLATION AND MAINTENANCE OF A SIGN WITH 30” HIGH
CAPITAL LETTER P AND LOWER CASE LETTERS L AND Y, WHEREAS MAXIMUM 16 INCHES HIGH
LETTERS ALLOWED BY SECTION 94-16 (C) (2) (C) OF THE CITY’S CODE OF ORDINANCE
WITHIN A GENERAL BUSINESS (B-3) ZONING DISTRICT.
c.
RESOLUTION - SWAV
09-03 Nature’s Farmers
Market
Sign Waiver request to allow 32 inches high
capital letters and 24 inches high lower case letters on a 190 square foot wall
identification sign where maximum 16 inches high letters and a total of 130
square foot wall sign are allowed by Code within Community Business
(B-3) Zoning District.
APPLICANT: Nature’s Farmers
Market
A RESOLUTION OF THE
CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, APPROVING A SIGN
WAIVER REQUEST FOR NATURE’S FARMERS MARKET, LOCATED AT 5150 N STATE ROAD 7,
NORTH LAUDERDALE, FLORIDA, THEREBY PERMITTING THE INSTALLATION AND MAINTENANCE
OF A SIGN WITH 32” HIGH CAPITAL LETTERS AND 24” LOWER CASE LETTERS ON A 190
SQUARE FOOT SIGN, WHEREAS MAXIMUM 16 INCHES HIGH LETTERS AND A TOTAL OF 130
SQUARE FOOT WALL SIGN ARE ALLOWED BY SECTION 94-16 (C) (2) (C) OF THE CITY’S
CODE OF ORDINANCE WITHIN A GENERAL BUSINESS (B-3) ZONING DISTRICT.
d.
RESOLUTION - Sanitary Sewer Rehabilitation
Contract Renewal (bid # 05-06-279) with TeleVac South Inc.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, EXERCISING THE RENEWAL CLAUSE IN THE AGREEMENT BY AND BETWEEN THE CITY
OF NORTH LAUDERDALE AND TELEVAC SOUTH INC. FOR SANITARY SEWER REHABILITATION
FOR A PERIOD OF ONE YEAR; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUR THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
e.
RESOLUTION – Renewal of Lift Station Maintenance Contract
(Bid # 07-09-294)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, AWARDING BID #07-09-294 TO BUTLER NATIONAL SERVICES INC. FOR LIFT
STATION MAINTENANCE FOR A PERIOD OF ONE YEAR; AUTHORIZING THE CITY MANAGER TO
TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
f.
RESOLUTION – Landscaping Agreement
between the City and the Department of Transportation along
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
g.
RESOLUTION – Purchase of additional Sanitary
Sewage Capacity
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, AUTHORIZING THE CITY MANAGER TO BE AUTHORIZED TO ENTER INTO THE
ATTACHED AGREEMENT WITH BROWARD COUNTY FOR THE PURCHASE OF .60 MGD SEWAGE
CAPACITY; AND PROVIDING AN EFFECTIVE DATE.
h.
RESOLUTION – Change
in Signatories – State
Board of Administration
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO AMEND THE LIST
OF AUTHORIZED USERS FOR ALL STATE BOARD OF ADMINISTRATION, LOCAL GOVERNMENT
SURPLUS FUNDS INVESTMENT POOL ACCOUNTS AS SET FORTH ON THE INVESTMENT POOL
SYSTEMS INPUT DOCUMENT FORM, AND, PROVIDING AN EFFECTIVE DATE.
i.
RESOLUTION – Change in Signatories
– Sun Trust
Bank
A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AND DIRECTING
THE INTERIM CITY MANAGER TO AMEND THE LIST OF AUTHORIZED USERS FOR ALL SUNTRUST
ACCOUNTS AS SET FORTH ON THE DEPOSIT ACCOUNT RESOLUTION AND AUTHORIZATION FOR
BUSINESS ENTITIES, THE BUSINESS ACCOUNT SIGNATURE CARD, AND SCHEDULE A TO FUNDS
TRANSFER AGREEMENT, AND, PROVIDING AN EFFECTIVE DATE.
j.
RESOLUTION – Change in Signatories
– Bank of
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO AMEND THE LIST
OF AUTHORIZED USERS FOR ALL BANK OF NEW YORK ACCOUNTS AS SET FORTH ON THE
CERTIFICATE OF AUTHORIZED PERSONS, AND, PROVIDING AN EFFECTIVE DATE.
k.
RESOLUTION – Update Access List of the Information
Technology Safe Deposit Box
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO AMEND THE LIST
OF AUTHORIZED USERS FOR THE INFORMATION TECHNOLOGY SUNTRUST SAFETY DEPOSIT BOX
ACCOUNT AND THE SAFETY DEPOSIT BOX ACCOUNT SIGNATURE CARD, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
8.
OTHER BUSINESS
a.
RESOLUTION - 2009 Byrne
Justice Assistance Grant
§ Motion, second and vote to read
§ Attorney reads title
§ Staff presentation
§ Public Hearing opened
§ Public discussion
§ Public Hearing closed
§ 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
ACCEPTING THE 2009 BYRNE JUSTICE ASSISTANCE GRANT (JAG) FUNDS AND AUTHORIZING
THE BROWARD SHERIFF’S OFFICE TO UTILIZE THOSE FUNDS TO UNDERWRITE PROJECTS THAT
REDUCE CRIME AND IMPROVE SAFETY; AND, PROVIDING FOR AN EFFECTIVE DATE.
b.
RESOLUTION -
§
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, FINDING THAT A SITUATION EXISTS WHICH
NECESSITATES A WAIVER OF THE PURCHASING REQUIREMENTS CONTAINED IN SECTION 9.10
OF THE CITY'S CHARTER; TO PROVIDE FOR AUTHORIZING AND DIRECTING THE CITY
MANAGER AND OTHER CITY OFFICIALS TO TAKE ALL STEPS NECESSARY TO APPROVE AND
EXECUTE CONTRACTS FOR THE CONSTRUCTION OF A 6’ FENCE AT JAYCEE PARK; PROVIDING
FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE.
c.
RESOLUTION - Authorization to Enter into Interlocal
Agreement for Neighborhood
Stabilization Program
§
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 EXECUTE AN INTERLOCAL
AGREEMENT BY AND BETWEEN THE CITY AND BROWARD COUNTY FOR DESIGNATION AS A
SUBRECIPIENT AND DISBURSEMENT OF NEIGHBORHOOD STABILIZATION PROGRAM FUNDING IN
THE AMOUNT OF ONE MILLION NINE HUNDRED TEN THOUSAND THREE HUNDRED TWENTY-ONE
AND 00/100 ($1,910,321) FOR PROGRAMS THAT MAY INCLUDE DOWN PAYMENT ASSISTANCE,
PROPERTY ACQUISITION AND REHABILITATION OF PROPERTIES THAT ARE CURRENTLY IN FORECLOSURE
WHICH WILL CONTINUE TO HELP IN THE PREVENTION OF ABANDONED PROPERTY
DETERIORATION CONTRIBUTING TO SLUM AND/OR BLIGHTED CONDITIONS; PROVIDING THAT
THE CITY MANAGER SHALL BE AUTHORIZED; 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.
9.
REPORTS
10.
COMMISSION COMMENTS
11.
CITY MANAGER COMMENTS
12.
CITY ATTORNEY COMMENTS
a.
Discussion and possible action relating to the Final
Report of W. Earl Hall, Esq., regarding Commissioner
13.
ADJOURNMENT
CONVENE TO