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Home My WebLink About2368 - AGENDAS - City Commission AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, MARCH 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 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)924-3622,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 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Kathy Dibona, Principal, Dania Beach Elementary 4.2 Presentation of the American Cancer Society's Relay for Life Dania Beach to be held April 21-22, 2006 at Frost Park- Lisa Young 4.3 Special Event Request by the Dania Beach Fire Department for an Open House at Fire Station 1, 116 W. Dania Beach Boulevard, on Saturday, April,8, 2006 from 10:00 a.m. — 1:00 p.m. 5. PROCLAMATIONS 5.1 Relay for Life Days Dania Beach City Commission Agenda—March 28, 2006 Page 2 of 7 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 Regular City Commission meeting of March 14, 2006 Approve minutes of Abatement Hearing of March 16, 2006 Resolutions 7.2 RESOLUTION#2006-063 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A CORRECTION TO RESOLUTION 2006-019 ADOPTED JANUARY 24, 2006 REGARDING MANDATORY PARTICIPATION IN A SECTION 457 PLAN; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION#2006=062 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN DEANNA ENTERPRISES, d/b/a AIA EMPLOYMENT OF MIAMI AND THE CITY OF DANIA BEACH TO PROVIDE SUMMER RECREATION PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO, ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION MANAGEMENT FOR AN AMOUNT NOT TO EXCEED $37,000.00; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH DEANNA ENTERPRISES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—March 28, 2006 Page 3 of 7 Ordinances (Titles to_be.read.by City Attorney) 7.4 ORDINANCE#2006-012 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA GRANTING TO PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE NATURAL GAS FRANCHISE AGREEMENT TO USE THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF DANIA BEACH, FLORIDA, AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH SUCH FRANCHISE MAY BE EXERCISED; MAKING FINDINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.5 ORDINANCE#2006-009 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; AMENDING CHAPTER 28, "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA TO CREATE SECTION 10-15 OF CHAPTER 28, SUCH SECTION TO BE ENTITLED "ADMINISTRATIVE VARIANCE PROCEDURES; PROVIDING A PROCEDURE FOR THE GRANTING OF MINIMAL VARIANCES FOR ZONING REQUIREMENTS APPLICABLE TO SINGLE-FAMILY HOMES EXISTING COMMERCIAL, INDUSTRIAL OR OFFICE BUILDINGS CONTAINING 50,000 SQUARE FEET OR LESS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.6 ORDINANCE#2006-008 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; AMENDING SECTION 2.10, ENTITLED "DEFINITIONS", ARTICLE 5, ENTITLED "SUPPLEMENTARY LOT REGULATIONS" AND AMENDING ARTICLE 6, ENTITLED "SUPPLEMENTARY USE REGULATIONS", OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR CERTAIN UPDATED DEFINITIONS OF ZONING CODE TERMS, CLARIFYING REQUIREMENTS APPLICABLE TO SINGLE-FAMILY HOMES PROPOSED TO BE CONSTRUCTED ON LOTS AT LEAST 50 FEET IN WIDTH; ADJUSTING SETBACK (YARD) REQUIREMENTS FOR VARIOUS RESIDENTIAL IMPROVEMENTS, AND REPEALING PROVISIONS PERTAINING TO GUEST HOUSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.7 ORDINANCE#2006-010 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING OF PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF SW 25TH TERRACE AND SW 45 STREET, DANIA BEACH, FLORIDA, AND LEGALLY Dania Beach City Commission Agenda—March 28, 2006 Page 4 of 7 DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RI-C (SINGLE FAMILY RESIDENTIAL), TO RS-6000 (SINGLE FAMILY RESIDENTIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.8 ORDINANCE 42006-011 AN ORDINANCE OF THE `CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY GARY BLOOM, P.E. REPRESENTING BRAUSER MAIMONIDES ACADEMY, FOR THE "MAIMONIDES DAY SCHOOL CAMPUS TWO" PLAT, SUCH PROPERTY BEING LOCATED AT 5300 SW 40T' AVENUE, 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 "MAIMONIDES DAY SCHOOL CAMPUS TWO" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.9 ORDINANCE#2006-013 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; ESTABLISHING RESTRICTIONS PERTAINING TO THE USE OF OUTDOOR TEMPORARY PORTABLE STORAGE CONTAINERS IN RESIDENTIAL DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.10 ORDINANCE #2006-014 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 2.5, "ADULT ENTERTAINMENT CODE," OF THE CITY CODE OF ORDINANCES, TO REVISE AND UPDATE THE OPERATIONAL AND LICENSING REGULATIONS APPLICABLE TO ADULT ENTERTAINMENT ESTABLISHMENTS; AMENDING CHAPTER 4, "ALCOHOLIC BEVERAGES," ARTICLE II "OPERATION REGULATIONS," SECTION 4-37 "NUDITY ON PREMISES WHERE ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE," TO DELETE INCONSISTENT PROVISIONS RELATING TO ALCOHOL AND NUDITY; AMENDING CHAPTER 17, "OFFENSES," ARTICLE 1, "IN GENERAL", TO DELETE INCONSISTENT SECTIONS RELATING TO INDECENT ENTERTAINMENTS AND MATERIALS AND TO NUDITY; AMENDING CHAPTER 28, "ZONING," ARTICLE 31, "ADULT ENTERTAINMENT ESTABLISHMENTS," SECTION 31.10, "DEFINITIONS" TO REVISE THE DEFINITION OF "ADULT MATERIAL"; FURTHER, AMENDING ARTICLE 31, SECTION 31.40, "LIMITATIONS" TO REVISE THE SPACING REQUIREMENTS FOR REGULATED USES; Dania Beach City Commission Agenda—March 28, 2006 Page 5 of 7 PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS AND SITE PLANS 9.1 ORDINANCE#2006-007 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 18 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "PENSIONS AND RETIREMENT," TO PROVIDE FOR CHANGES IN REQUIREMENTS FOR PARTICIPATION OF GENERAL EMPLOYEES IN THE DEFERRED RETIREMENT OPTION PLAN ("DROP"); AND FOR ELIGIBILITY FOR PARTICIPATION IN THE RETIREE HEALTH INSURANCE SUBSIDY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.2 ORDINANCE#2006-004 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED FOR THE AQUA ISLES PROJECT BY CARR RESIDENTIAL, LLC., FOR PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM T-1 (TRAILER PARK) TO PRD-1 (PLANNED UNIT RESIDENTIAL); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.3 RESOLUTION#2006-060 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ALLOCATING 17 RESERVE UNITS TO THE PROPERTY GENERALLY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH, LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.4 RESOLUTION#2006-059 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY PATRICK VACCARO, FROM CHAPTER 28, "ZONING", FOR Dania Beach City Commission Agenda—March 28, 2006 Page 6 of 7 PROPERTY GENERALLY LOCATED AT 2982 SW 45TH STREET, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.5 RESOLUTION#2006-061 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY KEVIN HERRING, FROM CHAPTER 28, "ZONING", FOR PROPERTY GENERALLY LOCATED NORTH OF STIRLING ROAD ON SW 5TH COURT (LOT 8, BLOCK 1, PARADISE MANOR), IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.6 RESOLUTION#2006-064 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, GRANTING A CERTIFICATE OF APPROPRIATENESS TO DANIA BEACH HOTEL, LLP, THE OWNER OF THE DANIA BEACH HOTEL PROPERTY LOCATED AT 180 EAST DANIA BEACH BLVD. IN THE CITY TO ALLOW FOR DEMOLITION OF THE STRUCTURES ON THE PROPERTY PURSUANT TO THE PROVISIONS OF THE CITY HISTORIC PRESERVATION ORDINANCE, ARTICLE XI, CHAPTER 8 OF THE CITY CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. COMMISSION COMMENTS 10.1 Commissioner Bertino 10.2 Commissioner Castro 10.3 Commissioner McElyea 10.4 Vice-Mayor Anton 10.5 Mayor Flury 11. DISCUSSION AND POSSIBLE ACTION 11.1 Request by Rilea Group, Inc., for approval of Local Park Impact Fees in lieu of land dedication — Community Development — Continued from February 28, 2006 and March 14, 2006 11.2 Discussion of Health Insurance Benefits for Beneficiaries — Human Resources — Continued from March 14, 2006 Dania Beach City Commission Agenda—March 28, 2006 Page 7 of 7 12. APPOINTMENTS 12.1 Airport Advisory Board (15 Members—3 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment Mayor Flury— 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 Castro — 1 appointment 12.4 Marine Advisory Board (15 Members—3 per Commissioner—2 Year Term) Vice-Mayor Anton— 1 appointment 12.5 Neighborhood Improvements Advisory Board (15 Members — 3 per Commissioner— 1 Year Term) Mayor Flury— 1 appointment Commissioner Castro— 1 appointment 12.6 Nuisance Abatement Board (5 Regular and 2 Alternate Members — 1 per Commissioner—Alternates by entire Commission—2 Year Term) 1 Alternate position 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk—Reminders: Thursday, March 30, 2006 - 9:00 a.m. —FY 2006/2007 Budget Strategic Planning Session Tuesday, April 11, 2006 —7:00 p.m. —Regular City Commission Meeting Wednesday, April 12, 2006 - 5:30 p.m. —Regular CRA Board Meeting Tuesday, April 25, 2006—7:00 p.m. —Regular City Commission Meeting 14. ADJOURNMENT ADDENDA TO AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, MARCH 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 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)924-3622,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. 7. CONSENT AGENDA 7.2 RESOLUTION#2006-063 Revised Resolution A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE CITY OF DANIA BEACH SECTION 457 DEFERRED COMPENSATION PLAN; PROVIDING FOR CONFLICTS: FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION#2006-062 Revised Resolution A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN DEANNA ENTERPRISES, d/b/a AIA EMPLOYMENT OF MIAMI AND THE CITY OF DANIA BEACH TO PROVIDE SUMMER RECREATION PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO, ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION MANAGEMENT FOR AN AMOUNT NOT TO EXCEED $39,000.00; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH DEANNA ENTERPRISES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.