HomeMy WebLinkAbout2003-11-25 City Commission Meeting AgendaAGENDA 1 NOVEMBER 25, 2003 CITY OF DANIA BEACH
AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING NOVEMBER 25, 2003 7:00 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE 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 TO BE BASED.
LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK’S OFFICE IN THE ADMINISTRATION CENTER. _________________________________________________________________________________________________________ IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT CHARLENE JOHNSON, CITY CLERK, 100 W. DANIA BEACH BLVD, DANIA BEACH, FL 33004, (954) 924-3622, AT LEAST 48 HOURS PRIOR TO MEETING. 1. CALL TO ORDER:
2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Pastor Mario Cinelli, Lighthouse Community Church. 3. ROLL CALL: 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS:
4.1 Request by Vitality Special Events (Dania Beach Centennial Committee) for a Temporary Special Event Permit (Dania beach parking area from 12:00 noon on
December 31, 2003 to 12:30 a.m. on January 1, 2004. (Community Development Director) 5. PROCLAMATIONS: 6. CITIZENS’ COMMENTS:
Addressing the Commission: Comments by Dania Beach citizens or interested parties that are not part of the regular agenda may be made during each Commission meeting during the period set aside for “citizen comments.” A thirty (30) minute “citizen comments” period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day’s agenda. The citizen comments period shall begin promptly at 7:00 PM. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker’s time shall not be transferable to another speaker. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): 7.1 Minutes:
Approval of minutes for Regular Meeting of October 28, 2003. 7.2 Travel Expenditures: NONE
AGENDA 2 NOVEMBER 25, 2003 CITY OF DANIA BEACH
7.3 Bills: NONE
Resolutions – 7.4 a) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN
AGREEMENT BETWEEN AND AMONG CITY OF DANIA BEACH, SOUTH BROWARD HOSPITAL DISTRICT AND ESTATE OF EVERARD WALKER, REGARDING SALE OF REAL PROPERTY LEGALLY DESCRIBED AS LOTS 5, 6, 7, 8, 9, AND 10 OF MCKENZIE EYSTER ADDITION, AS RECORDED IN PLAT BOOK 8, PAGE 9, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; PROVIDING FOR PAYMENT OF EXPENSES AND DIVISION OF NET PROCEEDS BETWEEN AND AMONG CITY OF DANIA BEACH, SOUTH BROWARD HOSPITAL DISTRICT AND ESTATE OF EVERARD WALKER; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. b) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DETERMINING
THE REAL PROPERTY LEGALLY DESCRIBED AS LOTS 5, 6, 7, 8, 9, AND 10 OF MCKENZIE EYSTER ADDITION AS RECORDED IN PLAT BOOK 8, PAGE 9, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA IS SURPLUS PROPERTY;
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXCLUSIVE LISTING AGREEMENT WITH A REGISTERED REAL ESTATE BROKER, SELECTED BY LOTTERY FROM AMONG THE QUALIFIED BROKERS; FINDING THAT AN
APPRAISAL OF THE REAL PROPERTY HAS DETERMINED THE VALUE OF THE PROPERTY TO BE $104,000.00; AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR SALE OF THE REAL PROPERTY WITH THE SALE CONTINGENT UPON APPROVAL BY THE CITY COMMISSION; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DETERMINING THAT THE REAL PROPERTY LEGALLY DESCRIBED AS THE EAST ONE-HALF (E 1/2) OF LOT 6, BLOCK 2, OF SUN GARDENS, A SUBDIVISION, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 26, AT PAGE 37, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA IS SURPLUS PROPERTY; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXCLUSIVE LISTING AGREEMENT WITH A REGISTERED REAL ESTATE BROKER, SELECTED BY LOTTERY FROM AMONG THE QUALIFIED BROKERS; FINDING THAT AN APPRAISAL OF THE REAL PROPERTY HAS DETERMINED THE VALUE OF THE PROPERTY TO BE $12,500; AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR SALE OF THE REAL PROPERTY WITH THE SALE CONTINGENT UPON APPROVAL BY MAJORITY VOTE OF THE CITY COMMISSION; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Continued from 11/12/03 Commission Meeting. 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, THE STILES DEVELOPMENT COMPANY, AND THE CITY OF DANIA BEACH RELATING TO THE MITIGATION OF IMPACTS FOR PROPERTY LOCATED AT 1300 SE 32ND STREET, IN
CONNECTION WITH THE “PHILLIPS INDUSTRIAL PARK” PLAT; SUBJECT TO
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CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, URGING THE BROWARD COUNTY COMMISSION TO CONDUCT ITS DECEMBER 2, 2003,
DECEMBER 9, 2003 OR BOTH AIRPORT EXPANSION DELIBERATION MEETINGS AT THE BROWARD COUNTY CONVENTION CENTER AT OR ABOUT 7:00 P.M., TO AFFORD INTERESTED CITIZENS AND PERSONS A FULL AND FAIR OPPORTUNITY TO ATTEND THE MEETING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE SODIUM HYPOCHLORITE FROM ALLIED UNIVERSAL CORPORATION IN AN AMOUNT NOT TO EXCEED $50,000.00 ($.478 PER GALLON) IN FISCAL YEAR 03/04, UNDER CITY OF FT. PIERCE CO-OP BID AWARD NO. 5169, WITHOUT COMPETITIVE BIDDING AND WITHOUT
ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.9 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ROAD RESURFACING SERVICE IN THE AMOUNT NOT TO EXCEED $125,000.00 IN THE FISCAL YEAR 03/04, UNDER PALM BEACH
COUNTY BID R-2003-1657 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING A THREE YEAR AGREEMENT WITH AN ANNUAL RENEWAL OPTION WITH CIVICPLUS, FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS IN AN AMOUNT OF $7,400.00 START UP COSTS AND A MONTHLY FEE OF $625.00 WITH THE SOLE PROVIDER, CIVICPLUS; AUTHORIZING THE AGREEMENT TO PROVIDE WEB DESIGN, DEVELOPMENT, IMPLEMENTATION, HOSTING, TRAINING, MAINTENANCE, AND SUPPORT, WITHOUT COMPETITIVE BIDDING AND WITHOUT
ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCES – TITLE TO BE READ BY CITY ATTORNEY – 7.11 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO
DEDICATION OF LAND AND FEES IN LIEU THEREOF FOR PARKS, OPEN SPACE AND RECREATION; AMENDING CHAPTER 19 “PLANNING AND DEVELOPMENT,” ARTICLE VI “DEDICATION OF LAND FOR PARKS, OPEN SPACE AND RECREATION AREAS,” SECTIONS 19.71 AND 19.72 OF THE CODE OF ORDINANCES TO PROVIDE FOR DEDICATION OF LAND OR FEE IN LIEU THEREOF WHEN A BUILDING PERMIT FOR A RESIDENTIAL UNIT IS REQUIRED; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.12 AN ORDINANCE AMENDING CHAPTER 28 “ZONING” OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE
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2 “DEFINITIONS,” AND ARTICLE 28 “SIGNS,” TO REVISE AND UPDATE THE CITY’S SIGN REGULATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
7.13 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; AMENDING CHAPTER 28 “ZONING,” ARTICLE 9 “ADMINISTRATION AND ENFORCEMENT,” SECTION 9.24.1 “AUTHORITY TO WITHHOLD PERMITS AND LICENSES; ZONING IN PROGRESS” OF THE CODE OF ORDINANCES TO ALTER THE PROCEDURE FOR DECLARING AND ENFORCING ZONING IN PROGRESS WITHIN THE CITY AND EXPAND THE ZONING MATTERS SUBJECT TO THE PROCEDURE; PROVIDING FOR CONFLICTS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.14 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER
28 “ZONING,” ARTICLE 6 “SUPPLEMENTARY USE REGULATIONS,” SECTION 6.60 “MISCELLANEOUS USES,” SUBSECTION 6.64 “PRINCIPAL ARTERIAL COMMERCIAL DESIGN STANDARDS OVERLAY” OF THE CITY CODE OF
ORDINANCES, TO MODIFY THE THRESHOLD FOR COMPLIANCE WITH THE STANDARDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
8. BIDS AND REQUESTS FOR PROPOSALS: NONE
9. PUBLIC HEARINGS AND SITE PLANS:
9.1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING “CROCODILLOS PLAT”, SUCH PROPERTY BEING GENERALLY LOCATED AT 4281 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT ”A”, A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF “CROCODILLOS PLAT”; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Staff requests continuance of this item to allow the applicant to resolve the outstanding issues identified in staff’s report attached to First Reading of the Ordinance at the November 12, 2003 Commission meeting. 9.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO LANDSCAPING AND VEGETATION, AMENDING CHAPTER 26, “VEGETATION” OF THE CITY CODE OF ORDINANCES BY CLARIFYING AND MODIFYING
REQUIREMENTS AND PROCEDURES FOR THE INSTALLATION AND REMOVAL OF TREES AND OTHER VEGETATION IN ORDER TO ENSURE COMPLIANCE WITH THE BROWARD COUNTY CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
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9.3 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CREATING SECTION 6-33.1 OF THE CITY CODE OF ORDINANCES TO BE ENTITLED “PARKING
CITATION SURCHARGE FOR SCHOOL CROSSING GUARD PROGRAM”; PROVIDING FOR THE IMPOSITION OF A SURCHARGE UPON FINES ASSOCIATED WITH PARKING CITATIONS AS AUTHORIZED BY FLORIDA STATUTES FOR THE
FUNDING OF THE CITY SCHOOL CROSSING GUARD PROGRAM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.4 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ENFORCEMENT OF CONDITIONS ATTACHED TO SITE PLANS, VARIANCES AND SPECIAL EXCEPTIONS; AMENDING CHAPTER 2, “ADMINISTRATION”, OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE IV, “CODE ENFORCEMENT BOARD”, SECTION 2-72 “APPLICABILITY” TO CLARIFY APPLICABILITY TO CONDITIONS OF SITE PLANS, VARIANCES AND SPECIAL EXCEPTIONS; DELETING SECTION 13.13 OF ARTICLE 13, “VIOLATIONS AND PENALTIES” OF
CHAPTER 28, “ZONING” BECAUSE IT IS OUTDATED; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
9.5 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE ZONING APPENDIX OF THE CITY CODE OF ORDINANCES, SECTION 33-40
“REGULATION AND USE OF WATERWAYS AND FACILITIES RELATED THERETO” OF THE CITY CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.6 a) VA-65-03 – A Variance request by Gil Bouchacourt, representing Key College, to waive up to 52 parking spaces to allow a business school at the Citibank Building, 225 East Dania Beach Boulevard. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY GIL BOUCHACOURT REPRESENTING KEY COLLEGE,
FOR PROPERTY LOCATED AT 225 EAST DANIA BEACH BLVD., DANIA BEACH; CHAPTER 28, ZONING ARTICLE VI SUPPLEMENTARY USE REGULATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
b) SE-65-03 – A request by Gil Bouchacourt, representing Key College, for a Special Exception to allow a business school in the Citibank Building located in a
Commercial (C-1) Zoning District. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY GIL BOUCHACOURT, REPRESENTING KEY COLLEGE, FOR PROPERTY LOCATED AT 225 EAST DANIA BEACH BLVD., DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO ALLOW A PRIVATE BUSINESS SCHOOL WITHIN THE CITIBANK BUILDING IN A C-1 ZONING DISTRICT, AS PROVIDED FOR IN CHAPTER 28, ZONING, ARTICLE 4.20 SCHEDULE OF USE REGULATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
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9.7 SE-76-03 – A request by Stan Perlmutter, on behalf of ABC Thrift, Inc., for a Special Exception to allow a charitable institution (not-for-profit thrift store) to operate a thrift
store at 222-236 North Federal Highway. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A
SPECIAL EXCEPTION REQUEST SUBMITTED BY STAN PERLMUTTER, REPRESENTING ABC THRIFT, INC., FOR PROPERTY LOCATED AT 222-236 NORTH FEDERAL HWY., DANIA BEACH, FOR A SPECIAL EXCEPTION USE TO ALLOW A CHARITABLE INSTITUTION TO OPERATE A THRIFT SHOP IN A C-3 ZONING DISTRICT; CHAPTER 28, ZONING, ARTICLE 4.20 SCHEDULE OF USE REGULATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. COMMISSION COMMENTS: 10.1 Commissioner Chunn- 10.2 Commissioner Flury -
10.3 Commissioner Mikes - 10.4 Vice-Mayor McElyea - 10.5 Mayor Anton – 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Discussion of bus week-end services. (Parks and Recreation Director) 12. APPOINTMENTS: 12.1 Appointment of 1 Alternate member to the Code Enforcement Board.
“A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE (1) ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD; PROVIDING THAT SAID MEMBER SHALL COMPLETE A THREE (3) YEAR TERM EXPIRING SEPTEMBER 7, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.” 12.2 Appointment of 1 member to the Marine Advisory Board.
“A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE “MARINE ADVISORY BOARD”; PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE”. 12.3 Appointment of 1 member to the Parks, Recreation & Community Advisory Board. “A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A MEMBER TO THE “PARKS, RECREATION & COMMUNITY ADVISORY BOARD”; PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE”. 12.4 Appointment by Commission of a member for R/E Property Manager position on the
Unsafe Structures Board. “A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE
AGENDA 7 NOVEMBER 25, 2003 CITY OF DANIA BEACH
APPOINTMENT OF A MEMBER TO THE REAL ESTATE PROPERTY MANAGER POSITION TO THE UNSAFE STRUCTURES BOARD; PROVIDING THAT THIS MEMBER SHALL SERVE A THREE (3) YEAR TERM BEGINNING MARCH 12, 2003, AND ENDING MARCH 11, 2006; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.” 13. ADMINISTRATIVE REPORTS: 13.1 City Manager – 13.2 City Attorney- 13.3 City Clerk – Meeting Reminder: December 3, 2003 @ 6:00 p.m. – Special Meeting Pubic Hearing 30th Year CDBG Program December 4, 2003 @ 7:00 p.m. – Charter Review Board Meeting December 8, 2003 @ 6:00 p.m. - Special Meeting Public Hearing 30th Year CDBG Program
December 8, 2003 @ 7:00 p.m. – Regular Meeting December 18, 2003 – Cancelled Charter Review Board Meeting December 23, 2003 – Cancelled Regular Meeting
14. ADJOURNMENT