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Home My WebLink About2006-12-12 City Commission Meeting Agenda AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, DECEMBER 12, 2006 - 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE 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 THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BLVD.,DANIA BEACH, FL 33004,(954)924-3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE,PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE Father Roger Holoubek, St. Maurice Catholic Church 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Special Event request by Cynthia Reese for Dr. Martin Luther King, Jr., Parade and Celebration to be held at C.W. Thomas Park on January 15, 2007 from 10:00 a.m. to 6:00 p.m. 4.2 Employee Anniversary Recognition (Mary McDonald, Human Resources/Risk Management Director) 5. PROCLAMATIONS 6. CITIZEN COMMENTS Addressing the Commission:Comments by Dania Beach citizens,or interested parties that are not part of the regular Dania Beach City Commission Agenda—December 12, 2006 Page 2 of 8 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. 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 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 7.1 Travel Requests: Travel request of Nicki Satterfield, Assistant Finance Director, to attend the National Government Finance Officers' Association Annual Conference in Anaheim, California June 10 — 13, 2007. (Estimated cost $1,695- remaining balance $7,004) Resolutions 7.2 RESOLUTION #2006-213 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING SUBMISSION OF LOAN APPLICATION AMENDMENT NO. 1 FOR $1,176,345 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH A NEW WATER TANK FOR THE CITY AT THE WATER PLANT SITE AND RELATED ANCILLARY CONSTRUCTION; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION #2006-223 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE SUBMISSION OF A LOAN APPLICATION AMENDMENT NO. 1 FOR THE AMOUNT OF $204,405.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH CONSTRUCTION OF THE WATER MAIN LOOPING PHASE I — WATER PLANT TO DOWNTOWN WATER MAIN FOR THE CITY WATER SYSTEM; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—December 12, 2006 Pago 3 of 8 7.4 RESOLUTION #2006-216 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PORTION OF FEDERAL HIGHWAY (U.S. 1), ALSO KNOWN AS STATE ROAD 5, WHICH PORTION EXTENDS FROM SHERIDAN STREET NORTH TO N.E. 3RI STREET, WHICH PORTION IS LOCATED WITHIN THE CITY LIMITS OF THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION 42006-217 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PORTION OF STATE ROAD 84 (MARINA MILE) WITHIN THE CITY LIMITS OF THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2006-221 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE FOR THE PUBLIC SERVICES DEPARTMENT IN THE AMOUNT OF $23,219.00 FROM DUVAL FORD, UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2006-222 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE (AN AT37-G AERIAL DEVICE "BUCKET TRUCK" VEHICLE) FOR THE PUBLIC SERVICES DEPARTMENT IN THE AMOUNT OF $78,086.00 FROM ALTEC, UNDER A FEDERAL G.S.A. CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. BIDS AND REQUESTS FOR PROPOSALS 8.1 RESOLUTION #2006-227 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, Dania Beach City Commission Agenda—December 12, 2006 Page 4 of 8 FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH FRANK HILL CONSTRUCTION, INC. FOR CONSTRUCTION OF THE DANIA BEACH MARINA RESTROOMS IN AN AMOUNT NOT TO EXCEED $218,700.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9. PUBLIC HEARINGS AND SITE PLANS 9.1 ORDINANCE #2006-041 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE XII TO BE ENTITLED "STORM SHUTTERS REGULATIONS" FOR PLACEMENT IN CHAPTER 8, "BUILDINGS", OF THE CITY CODE OF ORDINANCES; PRESCRIBING REQUIREMENTS FOR STORM SHUTTER PLACEMENT AND REMOVAL TO BE APPLICABLE TO ALL STRUCTURES CERTIFIED FOR OCCUPANCY IN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.2 ORDINANCE #2006-042 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING SECTION 2- 6 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "MILITARY LEAVE OF ABSENCE FOR OFFICERS AND EMPLOYEES", TO PROVIDE FOR COMPENSATION AND HEALTH INSURANCE FOR PERSONS ON ACTIVE MILITARY DUTY, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.3 ORDINANCE #2006-044 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF A THIRD AMENDMENT TO A LEASE AGREEMENT EXISTING BETWEEN THE CITY AND DANIA BEACH GRILL, INC., COVERING THE PROPERTY KNOWN AS THE DANIA BEACH GRILL AND MORE PARTICULARLY DESCRIBED IN THE LEASE; AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE LEASE BY THE APPROPRIATE CITY OFFICIALS TO PROVIDE FOR DELETION OF THE ANNUAL RENT ADJUSTMENT UNTIL THE END OF THE CURRENT LEASE TERM (FEBRUARY 15, 2009); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Dania Beach City Commission Agenda—December 12, 2006 Page 5 of 8 9.4 ORDINANCE #2006-043 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE "HARBOUR TOWNE MARINA, PLAT NO. 2" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT 801 NE 3" STREET, 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 THE "HARBOUR TOWNE MARINA, PLAT NO. 2" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.5 RESOLUTION 42006-224 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY STEPHEN K. TILBROOK, ESQ., ON BEHALF OF THE PROPERTY OWNER, HARBOUR TOWNE ASSOCIATES, INC., FROM CHAPTER 28, "ZONING", ARTICLE 4, "DISTRICT REGULATIONS", "SCHEDULE OF USE REGULATIONS", FOR PROPERTY GENERALLY LOCATED AT 801 NE 3RD STREET, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.6 RESOLUTION #2006-225 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY STEPHEN K. TILBROOK, ESQ., ON BEHALF OF THE PROPERTY OWNER, HARBOUR TOWNE ASSOCIATES, INC., FOR PROPERTY GENERALLY LOCATED AT 801 NE 3" STREET, IN THE CITY OF DANIA BEACH, FLORIDA, FOR SPECIAL EXCEPTION APPROVAL TO ALLOW A DRY-STACK BOAT STORAGE USE IN A "C-4" (COMMERCIAL) ZONING DISTRICT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.7 RESOLUTION #2006-226 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY STEPHEN K. TILBROOK, ESQ., ON BEHALF OF THE PROPERTY OWNER HARBOUR TOWNE ASSOCIATES, FOR PROPERTY GENERALLY LOCATED AT 801 NE 3RD STREET, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.8 RESOLUTION #2006-218 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ANTHONY AND BENNIE MAE MOULTRY, Dania Beach City Commission Agenda—December 12, 2006 Page 6 of 8 FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 220 SW IIT" AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.9 RESOLUTION #2006-219 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY LEE S. VICKERS, FROM CHAPTER 28, "ZONING", ARTICLE 5.36, "WALLS, FENCES AND HEDGES", FOR PROPERTY LOCATED AT 112 NW 14TH WAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.10 RESOLUTION #2006-220 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY SAM ENGLE ASSOCIATES, REPRESENTING REVEREND TIMOTHY T. SHELLMAN, SENIOR PASTOR OF SAINT RUTH MISSIONARY BAPTIST CHURCH, FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 145 NW 51H AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.11 RESOLUTION #2006-199 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY BOAZ COHEN, FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTY LOCATED AT 1410-1420 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. COMMISSION COMMENTS 10.1 Commissioner Bertino 10.2 Commissioner Castro 10.3 Commissioner Fetscher 10.4 Vice-Mayor Anton 10.5 Mayor Flury Dania Beach City Commission Agenda—December 12, 2006 Page 7 of 8 11. DISCUSSION AND POSSIBLE ACTION 11.1 Discussion on document imaging all Airport related documents, and discussion of Noise Contours—Vice-Mayor Anton 11.2 Discussion of Gasoline Ordinance—Fire Chief Ken Land 12. APPOINTMENTS 12.1 Airport Advisory Board (15 Members—3 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment Mayor Flury— 1 appointment Commissioner Fetscher— 1 appointment 12.2 Civil Service Board (5 Regular and 3 Alternate Members — 2 Commission appointed residents, 1 City Manager appointed resident, and 2 elected City employees; 1 Commission appointed Alternate Resident, 1 City Manager appointed Alternate Resident, and 1 Elected City Employee Alternate) City Commission— 1 Resident 12.3 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment Mayor Flury— 1 Appointment 12.4 Marine Advisory Board (15 Members—3 per Commissioner—2 Year Term) Commissioner Fetscher— 1 appointment 12.5 Nuisance Abatement Board (5 Regular and 2 Alternate Members — 1 per Commissioner—Alternates by entire Commission—2 Year Term) 1 Alternate position 12.6 Parks Recreation and Community Affairs Advisory Board (10 Members — 2 per Commissioner—2 Year Term) Mayor Flury— 1 appointment 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk—Reminders: Dania Beach City Commission Agenda—December 12, 2006 Page 8 of 8 Wednesday, January 3, 2007— 5:30 p.m. —Regular CRA Board Meeting Tuesday, January 9, 2007 —7:00 p.m. —Regular City Commission Meeting Thursday, January 18, 2007 —6:00 p.m. —Abatement Hearing Tuesday, January 23, 2007—7:00 p.m. —Regular City Commission Meeting 14. ADJOURNMENT ADDENDUM TO AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, DECEMBER 12, 2006 - 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE 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 LOUISE STILSON, CITY CLERK, 100 W. DANIA BEACH BLVD., DANIA BEACH,FL 33004,(954)924-3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL,PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 8. BIDS AND REQUESTS FOR PROPOSALS 8.2 RESOLUTION #2006-228 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF A CONTRACT FOR WATER. MAIN RELOCATION ACTIVITIES USING STATE REVOLVING FUNDS; AUTHORIZING THE AWARD OF BID TO CARIBE UTILITIES OF FLORIDA, INC. FOR CONSTRUCTION ACTIVITES ASSOCIATED WITH CONSTRUCTION OF THE WATER MAIN REPLACEMENT - STIRLING ROAD FOR THE CITY WATER SYSTEM IN THE AMOUNT OF $91,090.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.