Margate City Commission Meeting May 7th, 2008

1. PRESENTATIONS

Donation to the City: Margate Chamber of Commerce, Presenter – Jack Tobin

STUDENTS OF THE MONTH:

Atlantic West Elementary: Santos Adorno
(Dr. Sharon R. Moffitt, Principal, or Debra Johnson, Asst. Principal)

Liberty Elementary: Devin Marks
(Caitlin O’Connell, ESE Teacher)

Margate Elementary: Jenna Bruhn
(Sharon P. Schmidt, Principal or Thomas Schroeder, Asst. Principal)

Margate Middle: Danielle Mayers
(Rosemary Miranda, Counsellor and Oslay Gill, Administrator)

EMPLOYEE RECOGNITION FOR YEARS OF SERVICE - Public Works Director, Raymond Brenner 5 Years of Service

PROCLAMATION(s)

National Public Works Week, May 18 - 24, 2008. Accepting Proclamation – Ray Brenner, Director of Public Works

Building Safety Week, May 5 -11, 2008. Accepting Proclamation – Jack Morell, Director of Building Department

Emergency Medical Service Week, May 18-24, 2008. Accepting Proclamation – Charlie Wohlitka, Division Chief, Fire Department

MINI TASTE OF MARGATE – Dominican Cakes and Bridal Shop

2. COMMISSION COMMENTS

3. PUBLIC DISCUSSION

4. CONSENT AGENDA

A. RESOLUTION – APPROVING A MEMORANDUM OF UNDERSTANDING WITH FLORIDA ATLANTIC UNIVERSITY FOR PROVISION OF VICTIMS/WITNESS SERVICES AND STUDENT INTERNS FOR THE VICTIMS ADVOCATE OFFICE IN THE POLICE DEPARTMENT. (Requested by Police Department)

B. RESOLUTION – APPROVING THE SUBMISSION OF AN APPLICATION TO THE STATE OF FLORIDA DOT TO REQUEST FOR TEMPORARY CLOSING OF STATE ROAD 7 ON JULY 4TH. (Requested by Police Department)

C. RESOLUTION – APPROVING WAIVING OF BIDDING FOR THE UPGRADE AND RENOVATION OF THE POLICE DEPARTMENT MOBILE COMMAND VEHICLE TO BE FUNDED FROM THE LAW ENFORCEMENT TRUST FUND IN AN AMOUNT NOT TO EXCEED $65,000.00. (Requested by Police department)

D. RESOLUTION – APPROVING AWARD OF BID NO 2008-08 TO KAILAS CORPORATION FOR NW 39/43 AVENUE WATERLINE/FORCEMAIN REPLACEMENT FOR DEES AT A COST NOT TO EXCEED $299,520.00. (Requested by DEES)
E. RESOLUTION – APPROVING AWARD OF BID NO 2008-09 TO TLC DIVERSIFIED, INC. FOR REHABILITATION OF LIFT STATION #26 FOR DEES AT A COST NOT TO EXCEED $272,836. (Requested by DEES)

F. RESOLUTION – ACCEPTING A UTILITY EASEMENT DEED LOCATED AT SUN PLAZA AT 950-968 SOUTH STATE ROAD 7, FOR WATER DISTRIBUTION LINES; PROVIDING FOR A PUBLIC PURPOSE; PROVIDING FOR AN EFFECTIVE DATE. (Requested by DEES)

G. RESOLUTION – APPROVING REAPPOINTMENT OF RALPH COLON TO THE PLANNING AND ZONING BOARD FOR THE TERM MAY 2, 2008 TO MAY 1, 2010.

H. RESOLUTION – APPROVING AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARGATE, AND BROWARD COUNTY PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT; AND PROVIDING FOR DIVISION AND DISTRIBUTION OF THE LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE. (Requested by the Broward County)

I. MOTION – AUTHORIZING ADVERTISING OF AN ORDINANCE OF THE CITY OF MARGATE, FLORIDA, AMENDING THE CODE, CHAPTER 2 ADMINISTRATION. ADDING NEW SECTION 2-74 ENTITLED ABSENCES FROM BOARD OR COMMITTEES OF THE CITY OF MARGATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. (Requested by City Commission)

J. MOTION – AUTHORIZING ADVERTISING OF AN ORDINANCE OF THE CITY OF MARGATE, FLORIDA, AMENDING THE CODE, APPENDIX A- ZONING, ARTICLE XVIII. OFF-STREET PARKING AND LOADING, SECTION 18.2. LOCATION, CHARACTER AND SIZE, SUBSECTION (E)(9); PROVIDING FOR LIGHTING STANDARDS; PROVIDING FOR CHANGE IN AMORTIZATION PERIOD; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. (Requested by DEES)

K. MOTION – AUTHORIZING ADVERTISING OF AN ORDINANCE OF THE CITY OF MARGATE, FLORIDA, AMENDING APPENDIX A, ARTICLE XXII. SIGN CODE, CREATING SECTION 22.8.18 TEMPORARY DECORATIVE LIGHTING; PROVIDING FOR REGULATION OF TEMPORARY DECORATIVE LIGHTING IN NON-RESIDENTIAL DISTRICTS; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. (Requested by City Commission)

L. MOTION – AUTHORIZING ADVERTISING OF AN ORDINANCE OF THE CITY OF MARGATE, FLORIDA, AMENDING APPENDIX A-ZONING, ARTICLE III. GENERAL PROVISIONS, SECTION 3.22 ALCOHOLIC BEVERAGES, SUBSECTION (VII) (A) ALLOCATION OF LICENSES BY DISTRICT AND CATEGORY; PROVIDING FOR REQUIREMENTS FOR APPROVAL OF INITIAL, TRANSFER AND RENEWAL LIQUOR ALLOCATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. (Requested by Commissioner McLean)

M. MOTION – AUTHORIZING ADVERTISING OF AN ORDINANCE OF THE CITY OF MARGATE, FLORIDA, AMENDING CHAPTER 17, POLICE AND LAW ENFORCEMENT; OFFENSES AND MISCELLANEOUS PROVISIONS; BY AMENDING ARTICLE VI, TRAFFIC CONTROL, SECTION 17-69.52(4)(B) PARKING OF COMMERCIAL VEHICLES, BUSINESS ZONES, COMMERCIAL VEHICLES; PROVIDING FOR VEHICLES OF CUSTOMERS AND INDIVIDUALS DOING BUSINESS WITH AN ESTABLISHMENT AS AN ACCESSORY USE; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. (Requested by DEES)
N. MOTION – AUTHORIZING ADVERTISING OF AN ORDINANCE OF THE CITY OF MARGATE, FLORIDA, AMENDING SECTION 3.04 AND SECTION 6.03 OF THE CHARTER; AMENDING CHAPTER 8, ELECTIONS, SECTION 8-4 AND 8-14; PROVIDING FOR MARGATE MUNICIPAL ELECTION IN 2009 TO BE ON SAME DATE AS THE PRIMARY ELECTION OF BROWARD COUNTY ON AUGUST 26, 2008; PROVIDING FOR ELECTION OF COMMISSIONERS; PROVIDING FOR QUALIFYING DATES FOR MUNICIPAL ELECTION; PROVIDING FOR TERMS OF OFFICE FOR COMMISSIONERS TO CONTINUE TO COMMENCE IN MARCH 2009; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION – MAKING A DETERMINATION REGARDING ABANDONMENT OF THE 4-COP ALCOHOLIC BEVERAGE ALLOCATION AND APPROVING A NEW 2-COP (BEER AND WINE-CONSUMPTION ON PREMISES ONLY) FOR EL ZOCALO RESTAURANT, INC., 1436 N. STATE ROAD 7. (DISTRICT D) (PETITIONER: Alfredo Rivera, Owner).

6. RESOLUTION – MAKING A DETERMINATION REGARDING ABANDONMENT OF THE 2-COP ALCOHOLIC BEVERAGE ALLOCATION (BEER AND WINE-CONSUMPTION ON PREMISES ONLY) FOR CAFÉ CARAIBES RESTAURANT, INC., 5190 COCONUT CREEK PARKWAY. (DISTRICT D) (PETITIONER: Lesly Jacques, Owner).

7. RESOLUTION – APPROVING ABANDONMENT OF A 2-COP ALCOHOLIC BEVERAGE ALLOCATION FOR ASIAN GRILL, 7462 ROYAL PALM BOULEVARD. (DISTRICT A) (Cio Cuing Joa, Owner) Tabled at the 3/5/08 Meeting.

8. QUASI-JUDICIAL HEARING – RESOLUTION– CONSIDERATION OF EXTENSION OF A 2-COP ALCOHOLIC BEVERAGE ALLOCATION (BEER AND WINE-CONSUMPTION ON PREMISES ONLY) FOR LAS PALMAS BAKERY & DELI, 2521 NORTH STATE ROAD 7. (District B) (Petitioner: Arce Fajardo Group, Fernando Arce, Owner) (Tabled from 3/19/08 and 4/16/08 City Commission Meetings)

9. QUASI-JUDICIAL HEARING – RESOLUTION– CONSIDERATION OF EXTENSION OF THE 2-APS (PACKAGE SALES ONLY) ALCOHOLIC BEVERAGE ALLOCATION FOR AJ SEAFOOD & GROCERY, INC., 1139 BANKS ROAD. (District D) (Petitioner: Sharmini Ramharrack, New Owner) (Tabled from 4/16/08 City Commission Meeting)

10. QUASI-JUDICIAL HEARING – RESOLUTION– CONSIDERATION OF EXTENSION OF THE 2-COP ALCOHOLIC BEVERAGE ALLOCATION (BEER AND WINE-CONSUMPTION ON PREMISES ONLY) FOR THE RECOVERY ROOM, 2160 MEARS PARKWAY. (District D) (Petitioner: Jay Graybill, Owner)

11. QUASI-JUDICIAL HEARING – RESOLUTION– CONSIDERATION OF EXTENSION OF THE 4-COP (BEER, WINE & LIQUOR-CONSUMPTION ON PREMISES ONLY) ALCOHOLIC BEVERAGE ALLOCATION FOR LA VIE EN ROSE, 2950 NORTH STATE ROAD 7, MARGATE, (District D) (PETITIONER: Ronald Thibeault, Owner)

12. QUASI-JUDICIAL HEARING – RESOLUTION- CONSIDERATION OF EXTENSION OF THE 4-COP/SRX (BEER, WINE, & LIQUOR-CONSUMPTION ON PREMISES ONLY) ALCOHOLIC BEVERAGE ALLOCATION FOR SAIGON CUISINE, 1392 N. STATE ROAD 7. (District E) (PETITIONER: Young Le)

13. QUASI-JUDICIAL HEARING – RESOLUTION– CONSIDERATION OF EXTENSION OF THE 4-COP/SRX (BEER, WINE, & LIQUOR-CONSUMPTION ON PREMISES ONLY) ALCOHOLIC BEVERAGE ALLOCATION FOR ROOSTER’S RESTAURANT, INC. (DistrictA) (PETITIONER: Michael Coartney, Vice President)

14. RESOLUTION – APPROVING 2-COP ALCOHOLIC BEVERAGE ALLOCATION (BEER AND WINE-CONSUMPTION ON PREMISES ONLY) FOR D.R. MANAGEMENT & CONSULTING, INC. D/B/A EMILIO’S LATIN CAFÉ, 5190 COCONUT CREEK PARKWAY (DISTRICT D). (Petitioner: Denise Rodriguez, Owner)

15. RESOLUTION – APPROVING FIRST AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE IAFF AND CITY OF MARGATE FOR THE PERIOD OF OCTOBER 1, 2005 THROUGH SEPTEMBER 20, 2008. (Requested by Fire Department)

16. MOTION – AUTHORIZING ADVERTISING OF AN ORDINANCE OF THE CITY OF MARGATE, FLORIDA, AMENDING THE CODE, APPENDIX A, ARTICLE II. DEFINITIONS, SECTION 2.2 TERMS DEFINED, AND ARTICLE XII. COMMUNITY BUSINESS B-2 DISTRICT, SECTION 12.3(A) PERMITTED USES, AND ARTICLE XIII LIBERAL BUSINESS B-3 DISTRICT, SECTION 13.3(A) PERMITTED USES, AND ARTICLE XV. MASTER LIST OF COMMERCIAL AND RESIDENTIAL COMPATIBILITY, SECTION 15.1 ESTABLISHED; PROVIDING FOR DEFINITIONS OF BODY ART STUDIO AND PERSONAL CARE SERVICES; PROVIDING FOR BODY ART STUDIO AS A PERMITTED USE IN LIBERAL BUSINESS B-3 DISTRICTS; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. (Requested by Commissioner McLean)

17. ORDINANCE – FIRST READING – AMENDING THE CODE OF THE CITY OF MARGATE, FLORIDA, APPENDIX A-ZONING, ARTICLE XXII, SIGN CODE, SECTION 22.16 SIGNS EXEMPT FROM PERMIT REQUIREMENT, PROVIDING FOR COMPLIANCE WITH FLORIDA STATUTES. (Requested by DEES)

18. ORDINANCE – FIRST READING – AMENDING THE CODE OF THE CITY OF MARGATE, FLORIDA, APPENDIX A-ZONING, ARTICLE III, GENERAL PROVISIONS, SECTION 3.24 OUTDOOR EVENTS, PROVIDING FOR CRA CO-SPONSORED EVENTS TO BE EXEMPT FROM APPROVAL REQUIREMENTS. (Requested by City Commission)

19. ORDINANCE – FIRST READING – AMENDING THE CODE OF THE CITY OF MARGATE, FLORIDA, CODIFYING REASONABLE ACCOMMODATION PROCEDURES PURSUANT TO THE FAIR HOUSING AMENDMENTS ACT AND TITLE II OF THE AMERICANS WITH DISABILITIES ACT; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. (Requested by DEES)

20. ORDINANCE – SECOND READING – AMENDING THE CODE OF THE CITY OF MARGATE, FLORIDA, APPENDIX A, ARTICLE II. DEFINITIONS, SECTION 2.2. PROVIDING FOR DEFINITION FOR "FAMILY”. (Requested by the City Attorney)

21. ORDINANCE – SECOND READING – AMENDING THE CODE, APPENDIX A, ARTICLE II. DEFINITIONS, SECTION 2.2. PROVIDING FOR DEFINITION FOR “GROUP CARE FACILITIES”. (Requested by the City Attorney)

22. ORDINANCE – SECOND READING – AMENDING THE CODE OF THE CITY OF MARGATE, FLORIDA, APPENDIX A, ARTICLE III. GENERAL PROVISIONS, SECTION 3.14. CONSTRUCTION OF FENCES WALLS, AND/OR HEDGES WITHIN THE CITY OF MARGATE; PROVIDING FOR CONFORMANCE WITH THE FLORIDA BUILDING CODE. (Authorization to Advertise Approved at 3/19 CC Meeting, Approved at 4/1 P&Z Meeting)

23. ORDINANCE – SECOND READING – AMENDING THE CODE, CHAPTER 2 ADMINISTRATION, ADDING NEW SECTION 2-82 ENTITLED “MEETINGS OF THE PLANNING AND ZONING BOARD AND BOARD OF ADJUSTMENT” PROVIDING THAT REGULAR MEETINGS OF THE PLANNING AND ZONING BOARD AND BOARD OF ADJUSTMENT SHALL BE ON THE SAME EVENING OF THE MONTH, ADDING NEW SECTION 2-105 ENTITLED “SUBSTITUTE MEMBERS” PROVIDING THAT VACANCIES ON THE PLANNING AND ZONING BOARD SHALL BE FILLED BY PERMANENT MEMBERS OF THE BOARD OF ADJUSTMENT, PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. (1st Reading approved at 4/2 City Commission Meeting) (Requested by City Commission)

24. RESOLUTION – PROVIDING FOR MEETINGS OF THE MARGATE SCHOOL ADVISORY COMMITTEE. (Requested by City Commission)

25. RESOLUTION – SUPPORTING SEVERING THE TIES OF MIAMI-DADE, BROWARD, AND PALM BEACH COUNTIES FROM THE STATE OF FLORIDA AND ESTABLISHING THEIR OWN 51ST STATE OF THE FEDERAL UNION OF THE UNITED STATES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Requested by the Mayor)