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Home My WebLink About2004-12-22 - City Commission Regular Meeting Agenda7525 Northwest 88 Avenue Tamarac, FL 33321-2401 �T e FIRST CLASS MAIL CITY OF TAMARAC REGULAR CITY COMMISSION MEETING CITY HALL CHAMBERS WEDNESDAY DECEMBER 22, 2004 CALL TO ORDER: 9:00 A.M. ROLL CALL: PLEDGE OF ALLEGIANCE: Commissioner Edward C. Portner INTRODUCTION 7ZelflWI►'ilr_'%IIf] ►I-T_1►1•3:20*1 1,kr_'%IC•7.&-5 a. Presentation by Mayor Schreiber of a proclamation to Sid Feller in recognition of Mr. Feffer's composition of song lyrics for the City of Tamarac. b. Presentation by Mayor Schreiber of a proclamation to Haydee Venturo- Morguess for winning the Bronze medal in women's doubles tennis during the 13th Annual Florida Senior Games State Championships. C. Presentation by Mayor Schreiber of a proclamation to Nina Eisenfeld for winning the Bronze medal in women's doubles tennis during the 13th Annual Florida Senior Games State Championships. REPORTS 2. City Commission 3. City Attorney 4. City Manaaer a. Investment Report December 22, 2004 Page 1 of 7 PUBLIC PARTICIPATION 5. 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. 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 6. Motion to adopt items 6(a) through 6(d). 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 December 8, 2004 Regular City Commission meeting. b. ASPHALT AND CONCRETE PATCHING AND RESTORATION WORK — NW 53 RD STREET DRAINAGE IMPROVEMENT PROJECT: (TR10604) Utilizing the City of North Miami Beach Bid Number 2001-10 for the asphalt and concrete services in conjunction with the NW 53rd Street Drainage Improvement Project in an amount not to exceed $30,210.00 to Arrow Asphalt and Engineering. C. SUBMISSION OF HOME PROGRAM DESCRIPTION: (TR10607) Approving the submission of the HOME Program Description to Broward County for the use of funds through the HOME Investment Partnerships Program Consortium Fiscal Year 2005/2006 for the City of Tamarac's Minor Home Repair Program with an option to shift funding into the First -Time Homebuyer Program; approving the federally required set -aside of fifteen percent (15%) for Community Housing Development Organizations (CHDOS) (Case No. 20-MI-04). d. ACCEPTING AND APPROVING THE PERSONNEL MANUAL: (TR10603) Accepting and approving the City's Personnel Manual. December 22, 2004 Page 2of7 REGULAR AGENDA PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER 7, CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER FY2003): (TR10594) Motion to approve Resolution authorizing the appropriate city officials to approve the Consolidated Annual Performance Evaluation Report (CAPER FY2003) for the U.S. Department of Housing & Urban Development (HUD)'s Community Development Block Grant (CDBG) Programs for HUD's Fiscal Year 2003; (Case No. 19-MI-04). ORDINANCES - SECOND READINGS 8, AMENDING ARTICLE IV OF THE CITY CHARTER — SECTION 4.02 "CITY COMMISSION., ELECTION, TERMS AND QUALIFICATIONS" TO INCREASE TERMS OF OFFICE: (T02070) Motion to adopt Ordinance on second reading amending Article IV, Section 4.02 of the City Charter, entitled "City commission; election, terms and qualifications" to increase terms of office for the City's mayor and commissioners from three-year terms to four-year terms; providing for an implementation date; providing that if the amendment is approved by a majority of the voters at the March 8, 2005, 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 8, 2004 9. ADDENDUM TO FRANCHISE AGREEMENT — WASTE MANAGEMENT, INC., D/B/A SOUTHERN SANITATION: (T02073) Motion to adopt Ordinance on second reading executing a third addendum to the 1993 agreement between the City of Tamarac and Waste Management, Inc., d/b/a Southern Sanitation for furnishing multi family solid waste collection for an additional five year term to begin January 1, 2005 and end December 31, 2009. APPROVED ON FIRST READING DECEMBER 8, 2004 10. AMENDMENT TO LAND USE ELEMENT OF COMPREHENSIVE PLAN — PARCEL "R" OF THE "KINGS POINT REPLAT": (T02060) Motion to adopt Ordinance on second reading adopting an amendment to the Future Land Use Map of the City's Comprehensive Plan in accordance with Chapter 163, Sections 163.3184 and 163.3187 of the Florida Statutes, concerning a Large -Scale Land Use Plan Amendment proposal by the City of Tamarac to change the use of land described 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 at 7790 Nob Hill Road, from Low -Medium (5-10) Residential and Medium (10-16) Residential to Recreation; comprising 15.24 acres, more or less (Case No. 5-LUA-04); providing for amendment to the Land Use Element to reflect such change. APPROVED ON FIRST READING SEPTEMBER 8, 2004 December 22, 2004 Page 3 of 7 11. AMENDMENT TO LAND USE ELEMENT OF COMPREHENSIVE PLAN — PORTION OF TRACT 74 OF "WOODMONT 74 AND 75" PLAT: (T02062) Motion to adopt Ordinance on second reading adopting an amendment to the Land Use Map of the City's Comprehensive Plan in accordance with Chapter 163, Sections 163.3184 and 163.3187 of the Florida Statutes, concerning a Large -Scale Land Use Plan Amendment proposal by the City of Tamarac to change the use of land described as a portion of Tract 74 of the "Woodmont 74 and 75" Plat, according to the plat thereof as recorded in Plat Book 108, Page 39 of the Public Records of Broward County, Florida, located at NW 80th Avenue, north of McNab Road, from Medium (10-16) Residential to Conservation Area; comprising 20.80 acres, more or less (Case No. 7-LUA-04); providing for amendment to the Land Use Element to reflect such change. APPROVED ON FIRST READING SEPTEMBER 8, 2004 QUASI-JUDICIAL HEARINGS 12. AMENDING DEVELOPMENT ORDER — WESTPOINT DEVELOPMENT OF REGIONAL IMPACT (DRI): (T02072) Motion to adopt Ordinance on second reading amending the Development Order for the Westpoint Development of Regional Impact (DRI) generally located in Section 7, Township 49 South, Range 41 East to extend the build out date from December 29, 2005 to December 29, 2008 in order to allow for the completion of development of remaining undeveloped parcels, approved by Ordinance No. 0-89-44 adopted December 21, 1989, and thereafter amended by Ordinance No. 0-94-20 adopted November 9, 1994, and thereafter amended by Resolution No. R-2000-206 adopted July 12, 2000, and thereafter amended by Ordinance No. 0-2000-33 adopted November 22, 2000; and thereafter amended by Ordinance No. 0-2004-14 adopted April 28, 2004; reaffirming Ordinance No. 0-89-44 as amended by Ordinance No. 0- 94-20 as amended by Resolution No. R-2000-206 as amended by Ordinance No. 0-2000-33 as amended by Ordinance No. 0-2004-14 except as amended herein; providing for recordation in accordance with Section 380.06(15)(f) Florida Statutes (Case No. 16-MI-04). APPROVED ON FIRST READING DECEMBER 8, 2004 December 22, 2004 Page 4 of 7 13. DEVELOPMENT ORDER AND PLAT APPROVAL OF A BOUNDARY PLAT — "SANTA MONICA PLAT": (TR10585) Motion to approve Resolution issuing Development Order No. 328 and granting Plat approval of a boundary plat for the "Santa Monica Plat", requested by Donna C. West, Carnahan, Proctor & Cross, Inc., located on the south side of Southgate Boulevard, near the Sawgrass Expressway, specifically a parcel of land lying in Section 6, Township 49 South, Range 41 East, Broward County, Florida, being more particularly described as: commence at the Point of Intersection of the South right-of-way line of Canal C- 14 of Central and Southern Florida Flood Control District and the West line of said Section 6: thence Easterly along the said South right-of-way line of Canal C-14, 1200 feet to a point; thence Southerly, perpendicular to the last described line, 286 feet to a Point of Beginning of the description; thence continue Southerly, along the last described line, 435 feet to a point; thence Easterly, perpendicular to the last described line 435 feet to a point; thence Westerly, perpendicular to the last described line, 400 feet to the Point of Beginning (Case No. 9-P-04); providing for conditions of approval; providing for execution of said Plat. 14. SPECIAL EXCEPTION — SANTA MONICA: (TR10591) Motion to approve Resolution granting a special exception to allow the construction of more than one (1) principal building on the subject property in an R-3 (Low -Density Multi - Family Residential District) zoning category to Santa Monica, located at the south side of Southgate Boulevard, near the Sawgrass Expressway, specifically a parcel of land lying in Section 6, Township 49 South, Range 41 East, Broward County, Florida, being more particularly described as: commence at the Point of Intersection of the South right-of-way line of Canal C-14 of Central and Southern Florida Flood Control District and the West line of said Section 6: thence Easterly along the said South right-of-way line of Canal C-14, 1200 feet to a point; thence Southerly, perpendicular to the last described line, 286 feet to a Point of Beginning of the description; thence continue Southerly, along the last described line, 435 feet to a point; thence Easterly, perpendicular to the last described line 435 feet to a point; thence Westerly, perpendicular to the last described line, 400 feet to the Point of Beginning (Case No. 22-Z-04); providing for conditions of approval. December 22, 2004 Page 5 of 7 15. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN — SANTA MONICA: (TR10601) Motion to approve Resolution issuing Revised Development Order No. 328.1 and granting New Development Site Plan approval to Santa Monica to allow the construction of forty-four (44) townhouse units consisting of five (5) buildings, a cabana and swimming pool with associated parking, landscaping and infrastructure improvements, located at the south side of Southgate Boulevard, near Sawgrass Expressway, specifically a parcel of land lying in Section 6, Township 49 South, Range 41 East, Broward County, Florida, being more particularly described as: commence at the Point of Intersection of the South right-of-way line of Canal C-14 of Central and Southern Florida Flood Control District and the West line of said Section 6: thence Easterly along the said south right-of-way line of Canal C-14, 1200 feet to a point; thence Southerly, perpendicular to the last described line, 286 feet to a Point of Beginning of the description; thence continue Southerly, along the last described line, 435 feet to a point; thence Easterly, perpendicular to the last described line 435 feet to a point; thence Westerly, perpendicular to the last described line, 400 feet to the Point of Beginning (Case No. 31-SP-04); providing for conditions of approval. 16. SPECIAL EXCEPTION — WOODLAND VILLAS: (TR10592) Motion to approve Resolution granting a special exception to allow the construction of more than one (1) principal building on the subject property within an R-3 (Low -Density Multi -Family Residential District) zoning category to Woodland Villas, located at the north side of Northwest 44th street, approximately 3400 feet west of Rock Island Road, specifically a portion of "The Woodlands Country Club" Plat, according to the plat thereof as recorded in Plat Book 67, Page 30 of the Public Records of Broward County, Florida (Case No. 20-Z-04); providing for conditions of approval. 17. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN — WOODLAND VILLAS: (TR10602) Motion to approve Resolution issuing Revised Development Order No. 039.5 and granting New Development Site Plan approval to Woodland Villas to allow the construction of a thirty (30) unit, two- story townhouse development consisting of four (4) buildings with associated parking, landscaping and infrastructure improvements, located at the north side of NW 44th Street, approximately 3400 feet west of Rock Island Road, specifically a portion of the "Woodlands Country Club" Plat, according to the Plat thereof as recorded in Plat Book 67, Page 30 of the Public Records of Broward County, Florida (Case No. 30-SP-04); providing for conditions of approval. END OF QUASI-JUDICIAL HEARINGS END OF PUBLIC HEARINGS December 22, 2004 Page 6 of 7 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. Marion Swenson, CIVIC City Clerk December 22, 2004 Page 7of7