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Home My WebLink About2002-01-09 - 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 JANUARY 9, 2002 CALL TO ORDER: 7:00 P.M. ROLL CALL: PLEDGE OF ALLEGIANCE: INTRODUCTION 1. PRESENTATION by Linda Davidson, Management and Budget Director, City of Boca Raton, State Representative for GFOA, of a Certificate of Achievement for Excellence in Financial Reporting - Fiscal Year Ended September 30, 2000. 2. PRESENTATION by Mayor Schreiber of a plaque commemorating Deputy Brian Klemm's 25 years of service to the citizens of the City of Tamarac. 3. PRESENTATION by Mayor Schreiber of a Certificate of Completion of the Advanced Institute for Elected Municipal Officials, to Commissioner Edward C. Portner. 4. PRESENTATION by Mayor Schreiber of a proclamation proclaiming January 9, 2002 as "Arbor Day" in the City of Tamarac. 5. PRESENTATION by Mayor Schreiber of a proclamation commending Herbert Hayes for being awarded the "Medal of the Jubilee of Liberty" to honor his participation in the Normandy Invasion of WWII. January 9, 2002 1 PUBLIC PARTICIPATION 6. PUBLIC PARTICIPATION - Any member of the public may speak to any issue which 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. REPORTS 7. City Commission 8. City Attorney 9. City Manager ANNOUNCEMENT OF TIME ALLOCATIONS -MOTIONS TO TABLE - The Chair at this time will announce those items which have been given a specific time to be heard, and will entertain motions from the Commission members to table those items which require research. The Commission may agendize by majority consent matters of an urgent nature which have come to the Commission's attention after publication. CONSENT AGENDA 10. Motion to adopt items 10(a) through 10(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 the item(s) will be removed from the Consent Agenda and will be considered separately. a. APPROVE the minutes of the December 12, 2001 Regular Commission meeting. b. AGREEMENT- FLORIDA COCA -COLA BOTTLING COMPANY: (TR9495) Executing a Corporate Sponsorship Agreement with Florida Coca-Cola Bottling Company to provide certain vending and beverage services and sponsorship support services to the City for a term of five years with the option to renew for two additional years; providing for the allocation of proceeds to the Tamarac Athletic Federation Scholarship Fund and the Tamarac Employee Social Fund. January 9, 2002 2 C. BILL OF SALE ABSOLUTE - WENDY'S OLD FASHIONED HAMBURGERS: (TR9618) Accepting a Bill of Sale Absolute from Wendy's of N.E. Florida, Inc., for the Water Distribution and Sewage Collection System Improvements for the Wendy's Old Fashioned Hamburgers Project, located at 8901 West Commercial Boulevard, for City ownership; authorizing and directing the City Clerk to record said document in the public records of Broward County. d. BILL OF SALE ABSOLUTE - LOTS 3-8, BLOCK 9 LYO_ NS COMMERCIAL SUBDIVISION UNIT NO. 2: (TR9619) Accepting a Bill of Sale Absolute from NYCH Partners, Ltd., for the Water Distribution and Sewage Collection System Improvements installed for the Lots 3-8, Block 9 Lyons Commercial Subdivision Unit No. 2 Project, located on the north side of Commercial Boulevard between Pine Island Road and NW 91ST Avenue, for City ownership; authorizing and directing the City Clerk to record said document in the public records of Broward County. e. PERFORMANCE BOND RELEASE - LOTS 3-8 BLOCK 9 LYONS COMMERCIAL SUBDIVISION NO. 2: (TR9627) Releasing a Public Improvement Performance Bond in the form of Surety Bond #LPM 4122935 from Fidelity & Deposit Company of Maryland in the amount of $40,618.00, subject to the receipt of a Warranty Bond in the amount of $10,154.50 for the Water Distribution and Sewage Collection System Improvements installed for the Lots 3-8, Block 9 Lyons Commercial Subdivision No. 2 Project located on the north side of Commercial Boulevard between Pine Island Road and NW 915t Avenue. f. BILL OF SALE ABSOLUTE - CONVERGYS OFFICE BUILDING: (TR9620) Accepting a Bill of Sale Absolute from Westpoint Building No. 1, L.L.C., for the Water Distribution and Sewage Collection System Improvements installed for the Convergys Office Building Project, located at 5601 Hiatus Road, for City ownership; authorizing and directing the City Clerk to record said document in the public records of Broward County. g. PERFORMANCE BOND RELEASE - CONVERGY'S OFFICE BUILIDNG: (TR9635) Releasing a Public Improvement Performance Bond in the form of Surety Bond #11141728631 from Fireman's Fund Insurance Company in the amount of $65,008,00, subject to the receipt of a Warranty Bond in the amount of $19,526.23 for the Water Distribution and Sewage Collection System Improvements installed for the Convergys Office Building Project located at 5601 Hiatus Road. January 9, 2002 3 h. PERFORMANCE BOND RELEASE - SUNSHINE PLAZA: (TR9621) Releasing a Public Improvement Performance Bond in the form of Surety Bond #21 BCSAJ6582 from Hartford Accident and Indemnity Company in the amount of $44,310.00, subject to the receipt of one-year Warranty Bond in the amount of $9,750.00 for the Water Distribution and Sewage Collection System Improvements installed for the Sunshine Plaza Project located on the northwest corner of Commercial Boulevard and State Road 7. PERFORMANCE BOND RELEASE - SONNY'S ENTERPRISES (TR9639) Releasing a Public Improvement Performance Bond in the form of Surety Bond #11119486865 from Fireman's Fund Insurance Company in the amount of $100,100.25, subject to the receipt of a Warranty Bond in the amount of $25,830.44 for the Water Distribution and Sewage Collection System Improvements installed for the Sonny's Enterprises Project located at 5605 Hiatus Road. j. BEAUTIFICATION GRANT - MAINLANDS 6 CIVIC ASSOCIATION: (TR9637) Awarding a Neighborhood Beautification Grant to the Mainlands 6 Civic Association in an amount not to exceed $3,000 for landscape improvements on NW 501h Street; authorizing the appropriate City officials to execute a maintenance agreement between the City of Tamarac and Mainlands 6 Civic Association. k. FIRE RESCUE SERVICES: (TR9643) Supporting the provision of high quality fire and rescue services for the residents of Tamarac; supporting Tamarac Fire Rescue Department in the delivery of emergency services to our citizens; supporting improvement of fire rescue services throughout Broward County; supporting the concept of home rule. SUPPORTING AND ENDORSING THE MOVEMENT AND ACT TO LEAVE NO CHILD BEHIND (S.940/H.R. 1990): (TR9646) Supporting and endorsing the Movement and Act to Leave No Child Behind (S.940/H.R.1990); declaring Tamarac as a "Leave No Child Behind City"; authorizing and directing the City Clerk to provide copies of this Resolution to the Broward County Legislative Delegation. M. PERFORMANCE BOND RELEASE — POINTE VILLAS: (TR9626) Releasing Public Improvement Performance Bond #1046088 from XL Specialty Insurance Company as surety, in the amount of $12,636,00 posted by Weintraub Development Corporation for paving, sidewalk and curb improvements at the Pointe Villas Project located on the south side of NW 77' Street between Nob Hill Road and NW 96`h Avenue, subject to the receipt of a one-year Warranty Bond in the amount of $3,159.00. January 9, 2002 4 n. GENERAL FUND BUDGET AMENDMENT: (TR9613) Creating a reserve account titled "Reserve for Economic Stabilization" in the general fund in the amount of $2,000,000; approving all necessary budget transfers. END OF CONSENT AGENDA REGULAR AGENDA 11. APPOINTING ONE REGULAR MEMBER AND A CHAIRPERSON TO THE INSURANCE ADVISORY BOARD: (TR9638) Motion to approve resolution appointing one (1) regular member to the Insurance Advisory Board to complete an unexpired term ending June 27, 2002; appointing a Chairperson to the Insurance Advisory Board to complete an unexpired term ending June 27, 2002, 12. LOBBYING SERVICES AGREEMENT: (TR9644) Executing an agreement between the City of Tamarac and Ronald L. Book, P.A., for lobbying services. 13. MOTION FOR RECONSIDERATION OF TEMPORARY RESOLUTION 9432 - SPECIAL _EXCEPTION - WESTWOOD APARTMENTS, granting a Special Exception to allow the construction of more than one (1) principal building on a plot in an R-4A (Planned Apartment District) zoning category to Westwood Apartments, located on Nob Hill Road and Westwood Drive; specifically Parcel "A" of the "Nob Hill/Westwood Plat", according to the Plat thereof as recorded in Plat Book 144, Page 3 of the public records of Broward County, Florida; Case No. 2-Z-01; providing for conditions of approval. 14. MOTION FOR RECONSIDERATION OF TEMPORARY RESOLUTION 9433 - m .. - WESTWOOD APARTMENTS, issuing _ ENT DER ,_.,. Revised Development Order No. 229.5 and granting New Development Site Plan approval to Westwood Apartments to allow the construction of sixty-two (62) garden apartment units with associated parking, landscaping and infrastructure improvements, located at Nob Hill Road and Westwood Drive; specifically Parcel "A" of the "Nob Hill/Westwood Plat", according to the Plat thereof as recorded in Plat Book 144, Page 3 of the public records of Broward County, Florida; Case No. 2-SP-01. January 9, 2002 5 15. MOTION FOR RECONSIDERATION OF TEMPORARY RESOLUTION 9404 - WATER AND SEWER DEVELOPER'S AGREEMENT - WESTWOOD APARTMENTS accepting and executing a Water and Sewer Developer's Agreement with Nob Hill Landings, L.L.C., for the Westwood Apartments Project, located on the north side of Westwood Drive just east of Nob Hill Road for three residential water and sewer building connections requiring 45.9 ERC's for water and 45.9 ERC's for sewer; requiring the payment of $146,880.00 in CIAC fees; authorizing and directing the City Clerk to record said Agreement in the public records of Broward County. PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER ORDINANCES - SECOND READINGS 16. AMENDING CHAPTER 18 - SIGNS & ADVERTISING: (TO1955) Motion to adopt Ordinance on second reading amending Chapter 18, Signs and Advertising, Article II, Signs, Division 5, Temporary Signs, Section 18-86, Political Signs, clarifying that removal requirements apply to signs associated with an election or ballot issue; providing that signs promoting issues not associated with an election or ballot issue are not subject to removal requirements; providing for codification. APPROVED ON FIRST READING — DECEMBER 12, 2001 17. AMENDING SECTION 12.08 OF THE TAMARAC CHARTER — LIMITATIONS ON SUITS FOR DAMAGES: (TO1954) Motion to adopt Ordinance on second reading amending Article XII, Section 12.08, of the Tamarac Charter entitled "Limitations on suits for damages", revising the time limit for providing the written notice of damage or loss required before a claim or cause of action may be brought against the city; providing that if the amendment is approved by a majority of the voters at the March 12, 2002, election, then such amendment shall become a part of the City Charter upon certification and acceptance of the election results; providing for codification. APPROVED ON FIRST READING — DECEMBER 12, 2001 18. AMENDING CHAPTER 7 - FIRE PREVENTION AND PROTECTION: (TO1929) Motion to adopt Ordinance on second reading amending Chapter 7, Fire Prevention and Protection, creating Section 7-55, of the Tamarac Code, to create the Community Automated External Defibrillator Program; providing for codification. APPROVED ON FIRST READING — DECEMBER 12, 2001 January 9, 2002 6 QUASI-JUDICIAL HEARINGS 19. AMENDING LAND USE ELEMENT IN ACCORDANCE WITH CHAPTER 163 - KINGS POINT COMMERCIAL PARK: (TO1945) Motion to adopt Ordinance on second reading adopting an amendment to the Land Use Element of the City Comprehensive Plan in accordance with Chapter 163, Section 163.3184 of the Florida Statutes, concerning a Land Use Plan Amendment proposal by Holland and Knight, LLP to change the use of land described as Parcel "A" of the "Kings Point Commercial Park" Plat, according to the Plat thereof as recorded in Plat Book 150, Page 9 of the Public Records of Broward County, Florida, located at the southwest corner of Nob Hill Road and NW 80 Street, from Commercial to Medium -Residential (10-16 du/ac) through issuance of ninety-seven (97) flexibility units to allow for the construction of ninety-seven (97) townhomes; comprising of approximately six (6) acres; Case No. 1-LUA-01; providing for amendment to the Land Use Element to reflect such change. APPROVED ON FIRST READING — SEPTEMBER 26, 2001 END OF QUASI-JUDICIAL HEARINGS 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. -)A Marion Swenson, CMC City Clerk January 9, 2002 7