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Home My WebLink About2395 - AGENDAS - City Commission AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, FEBRUARY 14, 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 Dania Beach Tourism Council request for funding - Joe Van Eron 4.2 Presentation of the Parks and Recreation Board's recommendations for Frost Park rental fees—Kurt Ely 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 Dania Beach City Commission Agenda—February 14, 2006 Page 2 of 8 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 Abatement Hearing of January 19, 2006 Approve minutes of Casa Beni Workshop of January 24, 2006 Approve minutes of Zoning Regulations Workshop of January 24, 2006 Approve minutes of Regular City Commission meeting of January 24, 2006 7.2 Travel Requests: Travel request of Mayor Castro, Commissioner Anton and Commissioner McElyea to attend Broward Days in Tallahassee, Florida from April 4-5, 2006. (Estimated cost $2,373.77) (Remaining Balance of the Commission Account is $5,201.95) Travel request of Mayor Castro to attend the 2006 Advanced Institute for Elected Municipal Officials in Altamonte Springs, Florida from April 27-29, 2006. (Estimated cost S406) (Remaining Balance of the Commission Account is $4,795.95) Travel request of City Manager Ivan Pato to attend Broward Days in Tallahassee, Florida from April 4-5, 2006. (Estimated cost $808) Travel request of Bonnie Temchuk, Assistant to the City Manager, to attend Broward Days in Tallahassee, Florida from April 4-5, 2006. (Estimated cost $618) Travel request of Connie Falzone-Tarrant to attend the Florida Association of Occupational Licensing Officials (FAOLO) Training Conference in Orlando, Florida from April 24-28, 2006, for certification purposes. (Estimated cost$852.60) Travel request of Dan Stubbs to attend the Florida Water & Pollution Control Operators Association Stormwater Training and Certification in Plant City, Florida from March 12-17, 2006, for certification purposes. (Estimated cost $991.75) Resolutions 7.3 RESOLUTION#2006-030 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AQUATIC MANAGEMENT AGREEMENTS WITH ALLSTATE RESOURCE MANAGEMENT, INC., FOR THE PROVISION OF AQUATIC MANAGEMENT SERVICES, INC., FOR CERTAIN LAKES LOCATED WITHIN Dania Beach City Commission Agenda—February 14, 2006 Page 3 of 8 THE CITY, WITHOUT COMPETITIVE BIDDING OR ADVERTISEMENT FOR BID; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2006-023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2005-067, PERTAINING TO COMPENSATION ESTABLISHED FOR THE MAYOR AND CITY COMMISSIONERS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2006-026 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A CATERPILLAR ROLLER FOR THE PUBLIC SERVICES DEPARTMENT IN THE AMOUNT OF $29,792.03 FROM KELLY TRACTOR, UNDER GENERAL SERVICES ADMINISTRATION CONTRACT #GS-30E-1025D; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2006-029 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AMENDMENT TO AN ARCHITECTURAL AND DESIGN SERVICES AGREEMENT FOR THE NORTHWEST COMMUNITY OUTREACH CENTER WHICH AGREEMENT EXISTS BETWEEN THE CITY AND MCHARRY ASSOCIATES FOR BIDDING AND CONSTRUCTION ADMINISTRATION SERVICES RELATING TO THE CDBG 31ST YEAR GRANT, PERTAINING TO CONSTRUCTION OF THE CENTER, FOR THE AMOUNT OF $36,998.00 WITHOUT COMPETITIVE BIDDING OR ADVERTISEMENT FOR BID; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2006-028 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FY 2005-06 GENERAL FUND BUDGET BY CHANGING THE ORGANIZATIONAL CHART AND THE LINE ITEM BUDGET AMOUNTS FOR THE BUILDING DIVISION LISTED UNDER THE COMMUNITY DEVELOPMENT DEPARTMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION 92006-032 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA DESIGNATING ITS ELECTED POSITIONS FOR INCLUSION IN THE ELECTED OFFICERS' CLASS OF THE FLORIDA RETIREMENT SYSTEM TO BE APPLICABLE TO FUTURE ELECTED OFFICIALS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—February 14, 2006 Page 4of8 7.9 RESOLUTION#2006-022 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY AND THE CITIES OF FORT LAUDERDALE AND LAUDERHILL, PERTAINING TO ESTABLISHMENT OF AN ENTERPRISE ZONE DEVELOPMENT AGENCY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION#2006-027 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THE LAW FIRM OF CYPEN & CYPEN TO ASSIST THE CITY IN REVIEW OF CERTAIN PENSION LAW MATTERS AS SPECIAL CITY ATTORNEY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION#2006-031 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A LICENSE AGREEMENT WITH FLORIDA EAST COAST RAILWAY, L.L.C. ("FEC"), IN CONNECTION WITH THE REHABILITATION OF THE NW IT STREET RAILROAD CROSSING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.12 RESOLUTION#2006-033 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO PROPOSED "ADDITIONAL PROPERTIES", SUCH "ADDITIONAL PROPERTIES" TO INCLUDE PROPERTIES LOCATED BETWEEN THE EASTERN BOUNDARY OF THE CRA AND THE MODELLO PROJECT, WHICH IS INCLUDED; APPROVING A REDEVELOPMENT PLAN FOR THE "ADDITIONAL PROPERTIES", AND ACKNOWLEDGING THAT THE DANIA BEACH COMMUNITY REDEVELOPMENT AREA AND THE "ADDITIONAL PROPERTIES" ARE TO BE KNOWN AS THE ".DANIA BEACH RCP (REDEVELOPMENT CAPITAL PROGRAM) REDEVELOPMENT AREA"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.13 RESOLUTION#2006-034 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH, THE Dania Beach City Commission Agenda—February 14, 2006 Page 5 of 8 COMMUNITY REDEVELOPMENT AGENCY AND BROWARD COUNTY, PERTAINING TO COUNTY FUNDING OF INFRASTRUCTURE IMPROVEMENTS PROPOSED FOR THE DANIA BEACH CRA AND AREAS ADJACENT TO THE CRA AREA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles to be read by City Attorney) 7.14 ORDINANCE#2006-003 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING OF PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF SW 45TH STREET AND SW 30TH AVENUE, 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 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) 7.15 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. (FIRST READING) 7.16 ORDINANCE#2006-005 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATING TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM, TO PROVIDE FOR COMPLIANCE WITH MANDATED MINIMUM RETIREMENT BENEFITS FOR POLICE OFFICER PARTICIPANTS REQUIRED BY CHAPTER 185 OF THE FLORIDA STATUTES; PROVIDING THAT THE DEFINITION OF COMPENSATION SHALL MEAN TOTAL REMUNERATION; PROVIDING THAT THE STANDARD RETIREMENT BENEFIT SHALL BE TEN (10) YEARS CERTAIN; PROVIDING FOR A SUPPLEMENTAL RETIREMENT BENEFIT FOR POLICE OFFICER MEMBERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Dania Beach City Commission Agenda—February 14, 2006 Page 6 of 8 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS AND SITE PLANS 9.1 ORDINANCE#2006-002 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE.BY PULICE LAND SURVEYORS, INC., ON BEHALF OF AMSPROP DANIA BEACH INVESTMENT, LLC., FOR THE "CAYDEN CORNERS" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT THE NORTHEAST CORNER OF NE 3RD AVENUE AND NE 2ND 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 "CAYDEN CORNERS" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.2 RESOLUTION#2006-013 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY KAY LYNN DODERER, PROPERTY OWNER, FROM CHAPTER 28, "ZONING", FOR PROPERTY LOCATED AT 425 SE 7TH STREET, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from January 24, 2006) 9.3 RESOLUTION 42006-014 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY THERESA WALSH ON BEHALF OF WALSH NADEAU, LLC., DBA WALSH'S PUB, FROM CHAPTER 28, "ZONING", ARTICLE 4.201 "PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES AND SCHOOLS", FOR PROPERTY LOCATED AT 423 EAST SHERIDAN STREET, IN THE PUBLIX SHOPPING CENTER, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from January 24, 2006) 9.4 RESOLUTION#2006-021 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY MICHAEL A. THOMPSON, PERTAINING TO THE ZONING APPENDIX TO THE CITY CODE OF ORDINANCES, SECTION 33-40 (12)(A), "REGULATION AND USE OF WATERWAYS AND FACILITIES", FOR PROPERTY Dania Beach City Commission Agenda—February 14, 2006 Page 7 of 8 LOCATED AT 2789 SW 46TH STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.5 RESOLUTION#2006-025 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING MODIFICATIONS TO THE APPROVED SITE PLAN SUBMITTED BY RONALD TOMECEK, PRESIDENT, EAST FT. LAUDERDALE BUILDING CO., INC., FOR PROPERTY LOCATED AT 611 AND 615 PHIPPEN-WAITERS ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. COMMISSION COMMENTS 10.1 Commissioner Anton 10.2 Commissioner Bertino 10.3 Commissioner McElyea 10.4 Vice-Mayor Flury 10.5 Mayor Castro 11. DISCUSSION AND POSSIBLE ACTION 11.1 Discussion of access to Derecktor Shipyard, Associated Marine, and Powell Brothers — Commissioner McElyea 11.2 Casa Beni request to apply for vacation without replatting — Community Development 12. APPOINTMENTS 12.1 Airport Advisory Board(15 Members—3 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment Vice-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) Mayor Castro— 1 appointment Dania Beach City Commission Agenda—February 14, 2006 Page 8 of 8 12.4 Neighborhood Improvements Advisory Board (15 Members — 3 per Commissioner— 1 Year Term) Vice-Mayor Flury— 1 appointment Mayor Castro— 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 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk—Reminders: Friday, February 17, 2006 — 9:00 a.m. — Sheriff Ken Jenne and BSO Dania Beach District Annual Commissioners' Breakfast—Conference Room at City Hall Tuesday,February 28, 2006—7:00 p.m. —Regular City Commission Meeting Wednesday, March 1, 2006— 5:30 p.m. - CRA Board Meeting 14. ADJOURNMENT ADDENDUM TO AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, FEBRUARY 14, 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. 7.17 RESOLUTION#2006=035 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING TO MEMBERSHIP OF FUTURE ELECTED OFFICIALS IN THE FLORIDA . RETIREMENT SYSTEM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.18 ORDINANCE #2006-006 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, TO PROVIDE FOR COMPLIANCE WITH FEDERAL LAW CONCERNING EMPLOYEES MOBILIZED FOR MILITARY DUTY; PROVIDING THAT MEMBERS OF THE CURRENT CITY PLAN MAY ATTAIN VESTED STATUS IN THE PLAN UPON COMPLETION OF SIX (6) YEARS OF CREDITED SERVICE; AMENDING THE PLAN TO IDENTIFY THE REQUIREMENTS APPLICABLE TO NEW GENERAL EMPLOYEES, HIRED ON OR AFTER MARCH 1, 2006 AND REQUIREMENTS APPLICABLE TO FUTURE ELECTED OFFICIALS, IN CONNECTION WITH SUCH EMPLOYEES' AND OFFICIALS' MANDATORY PARTICIPATION IN THE FLORIDA RETIREMENT SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFEECTIVE DATE. (FIRST READING)