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Home My WebLink About2005-09-28 - City Commission Regular Meeting Agenda7525 Northwest 88 Avenue Tamarac, FL 33321-2401 FIRST CLASS MAIL CITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY SEPTEMBER 28, 2005 CALL TO ORDER: 9:00 A.M. ROLL CALL: PLEDGE OF ALLEGIANCE: Vice Mayor Beth Flansbaum-Talabisco INTRODUCTION 1. PROCLAMATIONS AND PRESENTATIONS: a. Presentation of a check in the amount of $200,000 by Senator Skip Campbell and Representatives Ron Greenstein and Ari Porth to the City of Tamarac, said check representing grant funds from the Florida Recreation Development Assistance Program (FRDAP) for the Caporella Aquatics Complex. b. Presentation by Mayor Schreiber of a proclamation recognizing October Vt as the commemoration of Broward County's 90th Birthday. 2. City Commission 3. City Attorney 4. City Manage a. Investment Report REPORTS September 28, 2005 Page 1 of 6 PUBLIC PARTICIPATION 5. PUBLIC PARTICIPATION - Any member of the public may speak to any issue that is not agendized for public hearing at this meeting. Speakers will be limited to three minutes during this item and at public hearings. There will be a thirty (30) minute aggregate time limit for this item, and speakers are encouraged to sign up in advance with the City Clerk prior to their participation. When an issue has been designated as quasi-judicial, public remarks shall only be heard during a quasi-judicial hearing that has been properly noticed for that matter. ANNOUNCEMENT OF TIME ALLOCATIONS -MOTIONS TO TABLE - The Chair at this time will announce those items that have been given a specific time to be heard, and will entertain motions from the Commission members to table those items that require research. The Commission may agendize by majority consent matters of an urgent nature that have come to the Commission's attention after publication. CONSENT AGENDA 6. Motion to adot items 6(a) through 6(n). Items listed under Consent Agenda are viewed to be routine and the recommendation will be enacted by ONE MOTION in the form listed below. If discussion is desired, then, in accordance with Resolution 2003-15, Sec. 4.5, the item(s) will be removed from the Consent Agenda and will be considered separately. a. APPROVE the minutes of the September 14, 2005 Special City Commission meeting. b. APPROVE the minutes of the September 14, 2005 Regular City Commission meeting. c. APPROVE the minutes of the September 21, 2005 Special City Commission meeting. d. BSO PERMIT APPLICATION — SPECIAL DETAILS FOR POLICE SERVICES: (TR10772) Executing a Broward Sheriff's Office permit application for special details for police services to be used by the Parks and Recreation Department in an amount not to exceed $70,758 in FY 06; approving funding from the appropriate Parks and Recreation accounts. September 28, 2005 Page 2of6 e. TAMARAC WATER AND SEWER UTILITY EASEMENT — SUN -SENTINEL PROJECT: (TR10800) Executing a "Tamarac Water and Sewer Utility Easement" with NB Tamarac Commerce Center, L.L.C., for the Sun -Sentinel Project, located at 6501 Nob Hill Road, to allow legal access by City Utility Personnel for installing, maintaining, and operating the Water Distribution and Sewage Collection System Improvements; authorizing and directing the City Clerk to record said agreement in the public records of Broward County. BILL OF SALE ABSOLUTE — NB TAMARAC COMMERCE CENTER, L.L.C.: (TR10802) Accepting a Bill of Sale Absolute from NB Tamarac Commerce Center, L.L.C., for the Water Distribution and Sewage Collection System Improvements installed for the Sun -Sentinel Project, located at 6501 Nob Hill Road, for City ownership; authorizing and directing the City Clerk to record said document in the public records of Broward County. g. PURCHASING MEDICAL SUPPLIES AND FIREFIGHTING SUPPLIES: (TR10803) Purchasing medical supplies and firefighting supplies from Broward County Sheriff's Office, Fire Rescue Division Logistics Warehouse during FY06, in an amount not to exceed One Hundred Eight Thousand ($108,000.00) Dollars; authorizing the appropriate city officials to execute a liability waiver for the purchases. h. AMENDMENT TO INTERLOCAL AGREEMENT FOR BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION: (TR10804) Executing the second amendment to the Interlocal Agreement for the creation and continuation of the Broward County Metropolitan Planning Organization (BCMPO). SALE OF ALCOHOLIC BEVERAGES — SAINT MALACHY CATHOLIC CHURCH: (TR10814) Approving the sale of alcoholic beverages for Saint Malachy Catholic Church during the operation of the Saint Malachy Catholic Church Annual Carnival beginning Thursday, October 20, 2005 and ending Sunday, October 23, 2005 (Case No. 14-M1-05); providing for conditions of approval. APPOINTING VOTING DELEGATE AND ALTERNATE VOTING DELEGATE TO THE NATIONAL LEAGUE OF CITIES' ANNUAL BUSINESS MEETING AT THE CONGRESS OF CITIES IN CHARLOTTE NORTH CAROLINA: (TR10813) Appointing a Voting Delegate and Alternate Voting Delegate to the National League of Cities' Annual Business Meeting at the Congress of Cities in Charlotte, North Carolina; directing the City Clerk to send a copy of this Resolution to the National League of Cities. k. RENEWAL OF AGREEMENT BETWEEN CITY OF TAMARAC AND MITCHELL CEASAR — LOBBYING SERVICES: (TR10805) Executing Amendment #4 to the agreement between the City of Tamarac and Mitchell Ceasar, P.A., for lobbying services extending the agreement for an additional one (1) year period at a cost of $34,000 per year. September 28, 2005 Page 3 of 6 GRANT APPLICATION AND AGREEMENT — ADDITIONAL FACILITIES AT TAMARAC SPORTS COMPLEX: (TR10809) Submitting an application to the Florida Department of Environmental Protection for Florida Development Assistance Program (FRDAP) Grant Funds for the expansion of the Tamarac Sports Complex in the amount of $200,000 providing for a cash match of $200,000 in the event of approval of the application; providing for acceptance of the award and execution of documents upon approval. M. GRANT APPLICATION AND AGREEMENT — FACILITIES AT SOUTHGATE LINEAR PARK: (TR10810) Submitting an application to the Florida Department of Environmental Protection for Florida Development Assistance Program (FRDAP) Grant Funds for the Southgate Linear Park Phase 1 B project in the amount of $200,000 providing for a match of $200,000 in city funds and prior grant funding in the event of approval of the application; providing for acceptance of the award and execution of documents upon approval. n. SUSPENDING GAS TAX: (TR10806) Requesting a suspension of the State Gasoline Tax; directing city administration to transmit a certified copy of this Resolution to the Governor, Florida Senate President, Speaker of the Florida House of Representatives, the City's State Legislative Representatives, the Broward League of Cities, the Florida League of Cities and any other interested parties. END OF CONSENT AGENDA REGULAR AGENDA ORDINANCES - FIRST READINGS 7. THERE ARE NO ORDINANCES SCHEDULED FOR FIRST READING. PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER 8. AMENDING LOCAL HOUSING ASSISTANCE PLAN FOR THE YEARS 2001- 2004: (TR10798) Motion to approve Resolution approving the amendment of the Local Housing Assistance Plan (LHAP) for the program years 2001-2002, 2002- 2003 and 2003-2004 to be submitted as a required component of the State Housing Initiatives Partnership (SHIP) Act Grant Program; providing for certification of consistency with the City's Comprehensive Plan (Case No. 12-MI- 05); providing for expenditures for administration of the program. September 28, 2005 Page 4 of 6 9. AMENDING LOCAL HOUSING ASSISTANCE PLAN FOR THE YEARS 2004- 2007: (TR10799) Motion to approve Resolution approving the amendment of the Local Housing Assistance Plan (LHAP) and Delivery Goals Chart for the program years 2004-2005, 2005-2006 and 2006-2007 to be submitted as a required component of the State Housing Initiatives Partnership (SHIP) Act Grant Program; providing for certification of consistency with the City's Comprehensive Plan; Case No. 13-MI-05; providing for expenditures for administration of the program. ORDINANCE — SECOND READING 10. AMENDING CHAPTER 20 OF THE TAMARAC CODE — "STREETS AND SIDEWALKS": (T02096) Motion to adopt Ordinance on second reading amending Chapter 20 of the City Code of Ordinances, entitled "Streets and Sidewalks," to provide that the responsibility for repairing sidewalks in public rights -of -way shall be shifted from the abutting property owner to the City, except where the repair is required due to the fault of the owner; specifically amending Sections 20-81, 20-83, 20-85, 20-89, and 20-90 of the City Code of Ordinances to effectuate this change; further deleting Sections 20-86 and 20-87 of the City Code of Ordinances in their entirety; abating the implementation of the provisions of this Ordinance to provide an opportunity to mitigate damage by abutting property owners and repair of sidewalks by the City; refunding repair costs to certain property owners; abating certain liens imposed upon property for fines issued to property owners for their failure to maintain sidewalks abutting their property; providing for codification. APPROVED ON FIRST READING SEPTEMBER 14, 2005 QUASI-JUDICIAL HEARINGS 11. AMENDING PRIOR ZONING — PARCEL "R" OF THE "KINGS POINT REPLAT", A/K/A _KINGS POINT ROCKFORD_ PARCEL: (T02094) Motion to adopt Ordinance on second reading amending prior zoning of certain real estate property Rockford Parcel (a/k/a: Kings Point Rockford Parcel) from R-3 (Low - Density Multi -Family Residential District) to S-1 (Recreational District), lands commonly known as Parcel "R" of the "Kings Point Replat", according to the Plat thereof as recorded in Plat Book 156, Page 13 of the Public Records of Broward County, Florida, located northeast of the Tamarac Sports Complex at the northeast intersection of Nob Hill Road and NW 77th Street (Case No. 17-Z-05); providing for amendment of the official zoning map to reflect such change. APPROVED ON FIRST READING SEPTEMBER 14, 2005 September 28, 2005 Page 5of6 12. REZONING — APPROXIMATE 127.32 ACRE NW 57T" STREET CORRIDOR: (T02097) Motion to adopt ordinance on first reading approving the rezoning application initiated by the City of Tamarac providing for rezoning from B-1 (Neighborhood Business District), B-2 (Planned Community Business District), 13- 3 (General Business District), B-6 (Business District) and 1-1 (Institutional District to MXD (Mixed Use District) pertaining to the approximate 127.32 acre NW 57t Street Corridor, more particularly described by Exhibit "A" and generally located west of North University Drive, east of NW 94t" Avenue, north of Commercial Boulevard (Case No. 19-Z-05); providing for amendment of the official zoning map to reflect such change. END OF QUASI-JUDICIAL HEARING END OF PUBLIC HEARINGS The City Commission may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Commission meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. The City of Tamarac complies with the provisions of the Americans With Disabilities Act. If you are a disabled person requiring any accommodations or assistance, please notify the City of such need at least 72 hours (3 days) in advance. Additionally, if you are hearing or speech impaired and need assistance, you may contact the Florida Relay Service at either of the following numbers: 1-800-955-8770 or 1-800-955-8771. Marion Swenson, CIVIC - = City Clerk September 28, 2005 Page 6 of 6