HomeMy WebLinkAbout2006-11-28 City Commission Meeting Agenda AGENDA
DANIA BEACH CITY COMMISSION
REGULAR MEETING
TUESDAY, NOVEMBER 28, 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 HIE 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'I FIE ATRIUM,IN
ORDER NOT TO INTERRUPT THE MEETING.
1. CALL TO ORDER
2. INVOCATION AND PLEDGE OF ALLEGIANCE
Gary Garofalo, Chaplain, American Legion Post #304, Dania Beach
3. ROLL CALL
4. PRESENTATIONS AND SPECIAL EVENT APPROVALS
4.1 Special Event request by House of God/Church of the Living God Pillar and Ground
of the Truth Without Controversy, Inc. for a Health Fair to be held at 810 NW 3rd
Street on Saturday, December 2, 2006 from 10:00 a.m. — 3:00 p.m.
4.2 Special Event request by St. Maurice Catholic Church for the St. Maurice Country
Fair to be held at 2851 Stirling Road on Thursday, November 31, 2006 through
Sunday, December 3, 2006
4.3 Special Event request by Maisto International & East Coast Ryders for the King of
the Street Big Car Show Off and Toy Drive to be held at 1700 NW I" Street
(Boomers) on Sunday, December 17, 2007 from 12:00 p.m. - 6:00 p.m.
Dania Beach City Commission
Agenda—November 28, 2006
Page 2 of 9
5, PROCLAMATIONS
6. CITIZEN 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. 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 Minutes:
Approve minutes of the November 14, 2006 Regular City Commission Meeting
Approve minutes of the November 16, 2006 Abatement Hearing
Resolutions
7.2 RESOLUTION #2006-201
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING FILING
DATES AND PROVIDING FOR THE CALLING AND HOLDING OF A PRIMARY
ELECTION IN THE CITY OF DANIA BEACH, FLORIDA, ON TUESDAY, FEBRUARY 13,
2007 FOR THE PURPOSE OF NOMINATING CITY COMMISSIONERS TO BE VOTED
UPON AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 13, 2007;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.3 RESOLUTION #2006-203
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA PROVIDING FOR EXPIRATION DATES FOR MEMBERS OF BOARDS AND
COMMITTEES APPOINTED BY THE CITY COMMISSION; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.4 RESOLUTION 92006-204
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE A LICENSE AGREEMENT ON BEHALF OF
THE CITY WITH THE GRIFFIN CIVIC ASSOCIATION, INC. PERTAINING TO
ASSOCIATION USE OF AN OFFICE LOCATED WITHIN THE P.J. MELI AQUATIC
Dania Beach City Commission
Agenda—November 28, 2006
Page 3 of 9
COMPLEX, SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.5 RESOLUTION 42006-205
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY
MANAGER TO PURCHASE CITY HEALTH PLAN CONSULTANT SERVICES FROM THE
RHODES INSURANCE GROUP, INC.; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
7.6 RESOLUTION 42006-206
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE "AMENDMENT. 1" TO THE LOAN
AGREEMENT EXISTING BETWEEN THE CITY AND THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION OF THE STATE OF FLORIDA (AGREEMENT
NUMBER SW 79102P); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
7.7 RESOLUTION 42006-210
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE "AMENDMENT 1" TO THE LOAN
AGREEMENT EXISTING BETWEEN THE CITY AND THE DEPARTMENT OF
ENVIRONMENTAL PROTECTION OF THE STATE OF FLORIDA (AGREEMENT
NUMBER WW79103P); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
7.8 RESOLUTION #2006-212
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY
MANAGER TO PURCHASE A VEHICLE FOR THE CODE COMPLIANCE DIVISION IN
THE AMOUNT OF $15,502.00 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.
7.9 RESOLUTION 92006-211
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING MITCH
KRAFT, ESQ. TO ACT AS A CODE ENFORCEMENT SPECIAL MAGISTRATE FOR
MUNICIPAL CODE ENFORCEMENT PROCEEDINGS; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Dania Beach City Commission
Agenda—November 28, 2006
Page 4 of 9
Ordinances (Titles to be read by City Attorney)
7.10 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. (FIRST READING)
7.11 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.
(FIRST READING)
7.12 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 3RD 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. (FIRST READING)
7.13 ORDINANCE 42006-044
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
Dania Beach City Commission
Agenda—November 28, 2006
Page 5 of 9
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST
READING)
8. BIDS AND REQUESTS FOR PROPOSALS
9. PUBLIC HEARINGS AND SITE PLANS
9.1 ORDINANCE #2006-038
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA CREATING SECTION 27-37, ENTITLED "PERMANENT RESTRICTIONS FOR
LAWN AND LANDSCAPING IRRIGATION'; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(SECOND READING)
9.2 ORDINANCE #2006-039
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY
CODE OF ORDINANCES, CHAPTER 28 "ZONING," ARTICLE 28 "SIGNS", TO PROVIDE
THAT TEMPORARY POLITICAL SIGNS SHALL NOT BE POSTED PRIOR TO THE DATE
OF QUALIFICATION OF THE CANDIDATE OR BALLOT ISSUE TO WHICH THEY
PERTAIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER
PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
9.3 ORDINANCE #2006-040
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA PERTAINING TO WATER AND SEWER SYSTEM IMPACT FEES; REPEALING
ARTICLE VII, "WATER AND SEWER IMPACT FEES" OF CHAPTER 27 ("WATER AND
SEWERS") OF THE CITY CODE OF ORDINANCES, CONSISTING OF SECTIONS 27-201
TO 27-207, INCLUSIVE; ESTABLISHING A NEW ARTICLE 7 TO BE ENTITLED
"WATER SYSTEM AND SEWER SYSTEM IMPACT FEES"; PROVIDING FOR
DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS, PROVIDING FOR
IMPOSITION OF IMPACT FEES; PROVIDING FOR PAYMENT AND USE OF PROCEEDS;
ALLOWING AN ALTERNATIVE FEE CALCULATION; PROVIDING EXEMPTIONS;
PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE;
PROVIDING FOR A DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR
PAYMENT AND COLLECTION OF IMPACT FEES; PROVIDING FOR REVIEW
HEARINGS; REQUIRING ANNUAL REVIEW; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(SECOND READING)
Dania Beach City Commission
Agenda—November 28, 2006
Page 6 of 9
9A ORDINANCE 42006-034
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST SUBMITTED BY WILLIAM B. BIGGER, III (RZ-67-06), FOR
PROPERTY LOCATED AT 2501 STATE ROAD 84, IN THE CITY OF DANIA BEACH,
FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF
WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING
CLASSIFICATION OF THE PROPERTY FROM C-3 (COMMERCIAL), TO MA-1 (MARINA
MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(SECOND READING)
9.5 ORDINANCE 42006-035
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST SUBMITTED BY JOHN A VERKEY (RZ-66-06), FOR PROPERTY
LOCATED AT 2200 STATE ROAD 84, IN THE CITY OF DANIA BEACH, FLORIDA,
WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS
ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING
CLASSIFICATION OF THE PROPERTY FROM IROM (INDUSTRIAL RESEARCH OFFICE
MARINE), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
9.6 ORDINANCE #2006-036
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST SUBMITTED BY JOSEPH J. RUBANO (RZ-64-06), FOR
PROPERTY LOCATED AT 2501 STATE ROAD 84, IN THE CITY OF DANIA BEACH,
FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF
WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING
CLASSIFICATION OF THE PROPERTY FROM C-3 (COMMERCIAL), TO MA-1 (MARINA
MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(SECOND READING)
9.7 ORDINANCE 42006-037
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE
REZONING REQUEST SUBMITTED BY JOSEPH J. RUBANO (RZ-65-06), FOR
PROPERTY LOCATED AT 2555 AND 2565 STATE ROAD 84, IN THE CITY OF DANIA
BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT "A", A
COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT
ZONING CLASSIFICATION OF THE PROPERTY FROM IROM (INDUSTRIAL
Dania Beach City Commission
Agenda—November 28, 2006
Page 7 of 9
RESEARCH OFFICE MARINE), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN
RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
9.8 RESOLUTION #2006-195
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE
REQUEST SUBMITTED BY SHERYL ZVI, LAND PLANNER WITH CONSULTECH
DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM
REPRESENTING VENEZIA VILLAS, LLC, FROM CHAPTER 28, "ZONING", FOR
PROPERTY LOCATED AT 4432 SW 52No STREET, DANIA BEACH, FLORIDA;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(Continued from November 14, 2006)
9.9 RESOLUTION #2006-197
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
PROPOSED SITE PLAN REQUEST SUBMITTED BY SHERYL ZVI, LAND PLANNER
WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA
NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC, FOR PROPERTY LOCATED
AT 4432 SW 52"d STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (Continued from November 14, 2006)
9.10 RESOLUTION 42006-207
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
REQUEST FOR AN EXTENSION OF THE EXPIRATION DATE FOR SITE PLAN SP-41-05,
APPROVED BY RESOLUTION 2005-180 ON NOVEMBER 22, 2005, SUBMITTED BY
JODY OBERTHOLTZER, REPRESENTING WHB HOLDINGS, LLC., FOR PROPERTY
LOCATED AT 3013 RAVENSWOOD ROAD, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
9.11 RESOLUTION #2006-208
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
APPEAL REQUEST PERTAINING TO THE LOCATION OF A BULK CONTAINER ON
RESIDENTIAL PROPERTY, SUBMITTED BY CARR RESIDENTIAL, LLC, FOR
PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
9.12 RESOLUTION #2006-209
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
REQUEST FOR MODIFICATIONS TO A SITE PLAN, APPROVED BY RESOLUTION
Dania Beach City Commission
Agenda—November 28, 2006
Page 8 of 9
2006-127 ON JULY 25, 2006, SUBMITTED BY CARR RESIDENTIAL, LLC, FOR
PROPERTY LOCATED AT 3901 GRIFFIN ROAD, 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
11. DISCUSSION AND POSSIBLE ACTION
11.1 Discussion of Dania Beach Marina—City Manager Pato
11.2 Discussion of the recommendations made by the Neighborhood Improvements
Advisory Board
11.3 Discussion of Neighborhood Redevelopment
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
12.4 Marine Advisory Board (15 Members—3 per Commissioner—2 Year Term)
Commissioner Fetscher— 1 appointment
Dania Beach City Commission
Agenda—November 28, 2006
Page 9 of 9
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:
Wednesday, December 6, 2006 — 5:30 p.m. —Regular CRA Board Meeting
Tuesday, December 12, 2006 — 7:00 p.m. —Regular City Commission Meeting
14. ADJOURNMENT