CITY OF
COMMISSION MEETING
JANUARY 30, 2007 –
7:00 P.M.
MINUTES
The North Lauderdale City Commission met on January 30, 2007 at the Municipal Complex. The meeting convened at 7:05 p.m.
1. INVOCATION AND PLEDGE OF ALLEGIANCE – Vice Mayor Moyle
2. ROLL CALL
Mayor Brady
Vice Mayor Moyle
Commissioner Frankel
Commissioner Cangemi
Commissioner Hilton
City Manager Sala
City Attorney Goren
City Clerk Dyer
3. MINUTES – January
9, 2007 – A motion to approve as submitted was made by
Commissioner Frankel and seconded by Commissioner Cangemi. All yes
MINUTES APPROVED UNANIMOUSLY.
4.
PRESENTATIONS
a.
Proclamation – Black History Month - Presented
to E. King
b. 15
Year Full Fair Share Contributor Presentation to
5. PUBLIC DISCUSSION
Pat Young - observations: businesses should be made to upkeep their property to help our city look better. Some areas are very dark – need better lighting.
6.
QUASI-JUDICIAL ITEMS
a.
Cornerstone Group Associates, Inc.
(West
intersection of SR7 and
Project Description:
A motion to approve the final and second
reading of an Ordinance to replat a portion of Tract 9 “Fort Lauderdale Truck
Farms Company Plat” (approximately 27.47 acres) as recorded in Plat Book 4, at
Page 31 of Public Records of Broward County, Florida to be known as “Tuscany
Village Plat” and to restrict the plat to the development of not more than 400
residential units.
All interested parties were sworn in by Attorney Goren. He then read the title of the Ordinance.
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 9 “Fort Lauderdale Truck Farms Company Plat” (approximately
27.47 acres) as recorded in Plat Book 4, at Page 31 of Public Records of
Broward County, Florida to be known as “Tuscany Village Plat” and to restrict
the plat to the development of not more than 400 residential, 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
Community Development Director Reed gave a presentation of the item. Public Hearing was open. No comments.
Public Hearing closed. Catherine
Donn (Craven Thompson) said they agree to all stipulations set forth by the
City. Commission motion and
second to adopt the ordinance on second reading was made by Commissioner
Frankel and seconded by Commissioner Cangemi.
ORDINANCE
#07-01-1180 PASSED AND ADOPTED UNANIMOUSLY.
b. Commercial Point Rezoning - ZLU 06-02 A - Ordinance First
3601
Project Description:
A motion to approve the first reading of an Ordinance to rezone Tract B and a portion
of Tract A , a total of 6.49 acres,
from Light Industrial (M-1) to General Business (B-3)
All interested parties were sworn in by the City Attorney. Mr. Goren then read the title.
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 B & A
PORTION OF TRACT A, A TOTAL OF 6.49
ACRES, OF “THE POINT” REPLAT AS
RECORDED IN PLAT BOOK 119 AT PAGE 28 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA, FROM ZONING CLASSIFICATION OF 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.
Staff presentation by T. Reed. Public Hearing opened. No comments. Public Hearing closed. Commission motion and second to pass the ordinance on first reading was made by Commissioner Frankel and seconded by Commissioner Hilton.
ORDINANCE PASSED ON FIRST READING UNANIMOUSLY.
c.
MCS
Charter School Institute
Commissioner Frankel made a
motion to approve proposed amendments to the approved final Site Plan (SPR
04-06 – May 25, 2004 City Commission meeting)
to construct an off-site parking lot in a Mobile Home Park (MH) Zoning District
to support an existing CF use subject to conditions listed in the staff’s
memorandum dated January 30, 2007. Seconded by Commissioner Cangemi.
All interested parties were sworn in by City Attorney Goren. Ms. Reed outlined the amendment requested. Public Hearing opened. No comments. Public Hearing closed. The Mayor asked the applicant if they accept the conditions outlined in Ms. Reed’s memo. The Attorney said “yes”.
.
MOTION APPROVED UNANIMOUSLY.
d.
Pollo Tropical Variance - VAR – 06-05 –
Ordinance first reading
CKE Group, Inc.
Project Description:
A
motion to approve the first reading of the Ordinance to permit reduced setbacks
and landscaper buffer by granting variances from Section 106-350 (c) (4) and
Section 102-59 (1) of the City Code of Ordinances VAR- 06-05
All interested parties were sworn in by the City Attorney. He then read the Ordinance.
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE,
FLORIDA, APPROVING AND GRANTING A VARIANCE FROM THE NORTH LAUDERDALE CODE OF
ORDINANCES, SECTION 106-350 (c) (4) TO
PERMIT THE 32.47 FEET SETBACK FROM A TRAFFIC WAY, AS OPPOSED TO THE 50 FEET
REQUIREMENT ALLOWED BY THE SUBJECT SECTION; SECTION 102-59 (1) TO PERMIT THE 5
FEET LANDSCAPE BUFFER FROM A TRAFFIC WAY, AS OPPOSED TO THE 10 FEET REQUIREMENT
ALLOWED BY THE SUBJECT SECTION; FOR THE PROPOSED POLLO TROPICAL LOCATED AT THE
SOUTHWEST CORNER OF 81st AVENUE AND McNAB ROAD, 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.
Commissioner Frankel moved to adopt.
Seconded by Commissioner Cangemi.
Mr. Sala said this is not what the Commission envisioned for this
site. He said that the Commissioners
would want a sit-down dining restaurant
rather than fast food or drive through. Applicant
Glenn Rozansky feels it is a permitted use in the North Lauderdale Code and
should be allowed. Mr. Sala
asked if they would consider building without a drive through. Mr. Rozansky
said “no they will not as 42% of their business comes from the drive-thru. Commissioner
Frankel thinks it would be a good location for it. Commissioner Cangemi said it isn’t what he
had in mind for that particular location.
MOTION DEFEATED 4 TO 1 (Commissioner Frankel voted for it):
e.
Pollo
Tropical – Site Plan SPR 06-06
CKE Group, Inc.
Project Description:
A motion to approve Preliminary and Final site plan to construct a fast food restaurant in a Community Business (B-2) Zoning District subject to the conditions outlined on the staff memo dated January 30, 2007.
SINCE THE VARIANCE WAS DEFEATED THIS ITEM BECOMES MOOT – NO ACTION
NEEDED.
7. CONSENT AGENDA
Commissioner Frankel moved to read the consent agenda. Seconded by Commissioner Cangemi. All yes. Attorney read:
a.
Resolution - To Vacate Right-of-Way within
A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA ABANDONING AND OTHERWISE
VACATING THAT CERTAIN 15’ RIGHT-OF-WAY DEDICATED BY PLAT BOOK 4, PAGE 31, BCR
DESCRIBED AS FOLLOWS: THE SOUTH 15.00 FEET OF TRACT 16, OF SECTION 12, TOWNSHIP
49 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT OF FORT LAUDERDALE TRUCK FARMS
AS RECORDED IN PLAT BOOK 4 AT PAGE 31 OF THE PUBLIC RECORDS OF BROWARD COUNTY,
FLORIDA. LESS AND EXCEPT THE EAST 227.00 FEET AS MEASURED AT RIGHT ANGLES AND
PARALLEL WITH THE EAST LINE OF SAID SECTION 12. SAID LANDS SITUATE, LYING AND
BEING IN
RESOLUTION #07-01-5197
b. Resolution - FY 2006/07 Vehicles Purchases
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AUTHORIZING AN EXPENDITURE OF $124,077.00 FROM THE VEHICLE MAINTENANCE INTERNAL SERVICE FUND TO PURCHASE SIX VEHICLES AS LISTED IN SECTION ONE BELOW; PROVIDING FOR FUNDING; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION #07-01-5198
c. Ordinance first reading - Sexual Offender-Sexual Predator
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.
d. “A motion authorizing and directing the City Administration to coordinate with South Florida Talent Search Inc., to hold a Miss Tri-City Beauty Pageant on Saturday - March 24th , 2007.”
Commissioner Frankel moved to approve the consent agenda as read. Seconded by Commissioner Hilton. All yes.
CONSENT AGENDA APPROVED UNANIMOUSLY.
8. OTHER BUSINESS
a.
Computer
Business System Applications (
Staff presentation by Finance Director Raducci. A motion, second and vote to read i, ii & iii all together was made by Commissioner Frankel and seconded by Commissioner Cangemi. All yes. Attorney Goren read the title of each resolution.
i.
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 TO TAKE ALL STEPS NECESSARY TO EXECUTE AGREEMENTS WITH
TYLER TECHNOLOGIES, INC. FOR THE PURCHASE OF COMPUTER APPLICATION SOFTWARE
SYSTEMS, INSTALLATION AND TRAINING AT A COST NOT TO EXCEED $675,552.00;
PROVIDING FOR THE ALLOCATION OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION 07-01-5199
ii. A RESOLUTION OF THE CITY OF NORTH LAUDERDALE, FLORIDA ESTABLISHING ITS INTENT TO REIMBURSE THE COST INCURRED FOR THE PURCHASE OF COMPUTER APPLICATION SOFTWARE SYSTEMS, INSTALLATION AND TRAINING WITH PROCEEDS OF ALTERNATIVE FUNDING SOURCES, WHICH MAY INCLUDE A CAPITAL LEASE, WITH THE TOTAL NET FINANCED NOT TO EXCEED AN AMOUNT OF $675,552.00; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION #07-01-5200
iii. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA AUTHORIZING AND DIRECTING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO NECESSARY AGREEMENTS FOR A LEASE-PURCHASE FINANCING CONTRACT BY AND BETWEEN THE CITY OF NORTH LAUDERDALE AND SUNTRUST LEASING CORPORATION FOR FINANCING FOR THE BEST POSSIBLE TERMS AND CONDITIONS, FOR THE PURCHASE OF COMPUTER APPLICATION SOFTWARE SYSTEMS, INSTALLATION AND TRAINING; AND PROVIDING AN EFFECTIVE DATE.
RESOLUTION #07-01-5201
Vice Mayor Moyle made a motion to adopt the three resolutions and to authorize a
contractual relationship with Tyler Technologies subject to the City
Administration receiving certain written commitments offered by
RESOLUTIONS
07-01-5199, 07-01-5200 AND 07-01-5201 PASSED AND ADOPTED UNANIMOUSLY.
b.
Ordinance First
Commissioner Frankel moved to read. Seconded by Commissioner Hilton. All yes. Attorney Goren read:
AN ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, AMENDING CHAPTER 106, ENTITLED, “ZONING,” ARTICLE I, ENTITLED, “IN GENERAL” SPECIFICALLY, SECTION 106-3 ENTITLED “DEFINITIONS” TO ADD DEFINITIONS AND AMEND EXISTING ONES RELATING TO USES AND ZONING IN THE CITY; AMENDING CHAPTER 106 ENTITLED “ZONING,” ARTICLE XV ENTITLED “BUSINESS DISTRICTS,” DIVISION 2, ENTITLED, “MASTER BUSINESS LIST,” DIVISION 2 ENTITLED “MASTER BUSINESS LIST” TO AMEND SECTION 106-467, ENTITLED “SUPPLEMENTAL REGULATIONS” TO PROVIDE FOR SECONDARY USES IN THE MASTER BUSINESS LIST, AND SECTION 106-468, ENTITLED, “MASTER BUSINESS LIST,” OF THE CODE OF ORDINANCES OF THE CITY OF NORTH LAUDERDALE, TO DELETE USES INCLUDING TAVERNS, BATH/MASSAGE PARLORS/ESCORT SERVICES, BARS/LOUNGES/SALOONS, PAWN SHOPS, AND SIMILAR USES FROM THOSE PERMITTED WITHIN ANY ZONING DISTRICT, TO PROVIDE MASSAGE ESTABLISHMENTS AS PERMITTED USES SUBJECT TO SPECIAL EXCEPTION APPROVAL IN THE B-2 AND B-3 DISTRICTS, AND TO PROVIDE AMUSEMENT/INDOOR RECREATIONAL ENTERPRISES AND BILLIARDS AS SECONDARY USES SUBJECT TO SPECIAL EXCEPTION APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Moyle moved to pass on first reading. Seconded by Commissioner Frankel. All yes.
ORDINANCE PASSED ON FIRST READING UNANIMOUSLY.
9.
REPORTS
a.
10.
COMMISSION MATTERS AND COMMENTS
a.
Mayor’s State of the City Address – Mayor Brady
asked if the Commission would endorse his request to televise and put in the
city newsletter a State of the City Address.
He passed out a copy of his intended address and asked the Commission
for any comments or additions. Consensus
of the Commission “o.k.”
Commissioner Cangemi asked the Commission
to move
the 27th meeting to February 29th. Commissioner Frankel moved to make the
change. Seconded by Commissioner
Hilton. All yes.
City Manager Sala suggested a workshop on February 28th prior
to the meeting.
11.
CITY MANAGER COMMENTS
a. Update on Insurance Reforms –
b. Parks & Recreation Director Sargis said
the Concrete Walkway required in Patio area will cost more than we anticipated. A Resolution is needed to cover the extra
costs.
City Attorney Goren read:
A RESOLUTION OF THE CITYOF NORTH LAUDERDALE AUTHORIZING COLONNA
CONSTRUCTION TO COMPLETE THE NECESSARY CONCRETE WORK AT THE AQUATIC CENTER IN
AN AMOUNT NOT TO EXCEED $17,510.00 OUT OF THE PARKS & RECREATION DEPARTMENT
2006-2007 CAPITAL BUDGET.
Commissioner Hilton moved to adopt.
Seconded by Commissioner
Cangemi. All yes.
RESOLUTION #07-01-5202 PASSED
AND ADOPTED UNANIMOUSLY.
12.
CITY ATTORNEY COMMENTS
a.
"Discussion and possible motion to direct
the City Attorney and City Manager to implement certain directions from the
City Commission regarding the position of Executive City Clerk" Mr. Goren advised that no other applicants
have come forward. Commissioner Frankel
said he hoped we would go in another
direction. “We should look for a deputy
clerk. I was thinking of combining
public information with city clerk’s department and move
MOTION APPROVED UNANIMOUSLY.
13. ADJOURNMENT 9:26 P.M.
RESPECTFULLY SUBMITTED
C. MILLI DYER, CITY CLERK