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Home My WebLink About4338 - AGENDAS - City Commission AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, NOVEMBER 9, 2004 - 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 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. 1F 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 Reverend Timothy Shellman, St. Ruth Missionary Baptist Church 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Presentation of 3 1" Year CDBG Project and Public Hearing—Bonnie Temchuk 4.2 Presentation by Bruce Caruso and Glenn Morris, of the Dania Beach Fire Department, on the award of two Water Rescue Crafts through the 2005 EMS Broward County Grant Program 4.3 Broward County Land Preservation Bond Program Update (Broward County DPEP) 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—November 9, 2004 Page 2 of 6 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 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 7.1 Minutes: Approve minutes for Regular Meeting of October 12, 2004 Approve minutes for Regular Meeting of October 26, 2004 7.2 Travel Expenditures: NONE 7.3 Bills: NONE Resolutions 7.4 RESOLUTION#2004-184 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE FOURTH AMENDMENT TO THE BEACH MAINTENANCE AGREEMENT EXISTING BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH FOR MAINTENANCE AND TRASH REMOVAL SERVICES AT DANIA BEACH, INCLUDING PARKING LOT AND LITTER PICKUP FOR A THREE YEAR TERM AT A COST OF $44,691.50 SUBJECT TO C.P.I. ADJUSTMENTS FOR THE SECOND AND THIRD YEARS; PROVIDING THAT THE FOURTH AMENDMENT SHALL BE RETROACTIVE TO OCTOBER 1, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from October 26, 2004) 7.5 RESOLUTION#2004-190 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT FOR PREVENTIVE MAINTENANCE AND REPAIR SERVICES FOR FIRE DEPARTMENT VEHICLES BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH, UNDER WHICH HOLLYWOOD WILL PROVIDE SUCH SERVICES FOR AN AMOUNT NOT TO EXCEED $75,000.00, SUCH AGREEMENT BEING OBTAINED WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISING FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from October 26, 2004) Dania Beach City Commission Agenda—November 9, 2004 Page 3 of 6 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS AND SITE PLANS 9.1 ORDINANCE#2004-036 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CHARTER (PART IX, "CITY PLANNING AND DEVELOPMENT", ARTICLE 2, "CITY PLANNING AND ZONING BOARD", SECTION 1, "ESTABLISHMENT AND MEMBERSHIP") TO PROVIDE THAT A DESIGNEE OF THE BROWARD COUNTY SCHOOL BOARD MAY SERVE AS AN EX-OFFICIO (NON- VOTING) MEMBER OF THE BOARD AS DIRECTED BY STATE LAW; FURTHER, AMENDING SECTION 19-21 ("MEETINGS") OF THE CITY CODE OF ORDINANCES TO CHANGE THE TIME OF MEETINGS OF THE BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.2 ORDINANCE#2004-037 AN ORDINANCE AMENDING CHAPTER 28, "ZONING", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO CORRECT A SCRIVENER'S ERROR IN THE ADOPTION OF ORDINANCE 2004-009 TO REINSTATE THE "IROM" ZONING DISTRICT REGULATIONS BY ADOPTION OF ARTICLE 18 "INDUSTRIAL-RESEARCH-OFFICE-MARINE (IROM) DISTRICT"; PROVIDING FOR REPEAL OF CERTAIN TEXT IN ARTICLE 4, "SCHEDULE OF USE REGULATIONS" AND "SCHEDULE OF LOT YARD AND BULK REGULATION" REGARDING THE INDUSTRIAL GENERAL (IG) ZONING DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.3 ORDINANCE#2004-038 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY MARK KISSER, WITH CRAVEN THOMPSON & ASSOCIATES, REPRESENTING STEPHEN ST. CLAIR FOR PROPERTY LOCATED ON THE WEST SIDE OF NW 9TH AVENUE BETWEEN NW 3 PLACE AND NW 3 TERRACE (SOUTH OF 901 GRIFFIN ROAD - COMPETITION CYCLE CENTER) WITHIN THE CITY OF 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 C-3 (COMMERCIAL) TO THE CLASSIFICATION OF C-4 (COMMERCIAL), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Dania Beach City Commission Agenda—November 9, 2004 Page 4of6 9.4 RESOLUTION#2004-193 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST SUBMITTED BY MARK KIESER, OF CRAVEN THOMPSON & ASSOCIATES, INC., REPRESENTING STEVEN ST. CLAIR FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF NW 9TH AVENUE BETWEEN NW 3RD PLACE AND NW 3' TERRACE, DANIA BEACH FOR A SPECIAL EXCEPTION USE TO PERMIT OUTDOOR STORAGE UPON 5.7 ACRES IN A C-4 ZONING DISTRICT, AS PROVIDED IN CHAPTER 28, "ZONING", ARTICLE 4.20 "SCHEDULE OF USE REGULATIONS"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.5 RESOLUTION#2004-194 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY MARK KIESER, OF CRAVEN THOMPSON & ASSOCIATES, INC., REPRESENTING STEVEN ST. CLAIR FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF NW 9TH AVENUE BETWEEN NW 3RD PLACE AND NW 3' TERRACE, DANIA BEACH FROM CHAPTER 26, "VEGETATION", ARTICLE VI, "LANDSCAPING"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.6 RESOLUTION#2004-195 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MARK KIESER, OF CRAVEN THOMPSON & ASSOCIATES, INC., REPRESENTING STEVEN ST. CLAIR FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF NW 9TH AVENUE BETWEEN NW 3RD PLACE AND NW 3RD TERRACE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.7 RESOLUTION#2004-192 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY GUSTAVO CARBONELL, P.A., ON BEHALF OF RICHARD STOFF, REPRESENTATIVE/PROPERTY OWNER OF DNC PROPERTIES, LLC, FOR PROPERTY LOCATED AT 2201 GRIFFIN ROAD, DANIA BEACH, FROM CHAPTER 28, "ZONING", ARTICLE 6, "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS" AND ARTICLE 4, "DISTRICT REGULATIONS", "SCHEDULE OF LOT, YARD AND BULK REGULATIONS"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—November 9, 2004 Page 5 of 6 9.8 RESOLUTION#2004-196 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY ROD A. FEINER, ESQUIRE, ON BEHALF OF DTAG, INC, A/K/A THRIFTY CAR RENTAL, TO ASSIGN COMMERCIAL FLEX ACREAGE (PURSUANT TO THE 20% "EMPLOYMENT CENTER" TO "COMMERCIAL" RULE) FOR PROPERTY GENERALLY LOCATED AT 1600 NE 7TH AVENUE, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. COMMISSION COMMENTS 10.1 Commissioner Anton 10.2 Commissioner Chunn 10.3 Commissioner Flury 10.4 Vice-Mayor Mikes 10.5 Mayor McElyea 11. DISCUSSION AND POSSIBLE ACTION 11.1. Request by Nancy Rose Williams, d/b/a Rose for renewal of the Palmistry/Fortuneteller business license for property located at 1410 S. Federal Highway. (Community Development) 11.2 Request that poll workers be contracted through the Supervisor of Elections Office. 12. APPOINTMENTS 12.1 Appointment of 2 members to the Airport Advisory Board "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO MEMBERS TO THE "AIRPORT ADVISORY BOARD"; PROVIDING THAT SAID MEMBERS SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". 12.2 Appointment of 2 members to the Marine Advisory Board "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF THREE MEMBERS TO THE "MARINE ADVISORY BOARD"; PROVIDING THAT SAID MEMBERS SHALL SERVE A TWO (2) YEAR TERM Dania Beach City Commission Agenda—November 9, 2004 Page 6 of 6 EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". 12.3 Re-Appointment of 2 members to the Dania Beach Housing Authority RESOLUTION#2004-197 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA RATIFYING AND AFFIRMING THE REAPPOINTMENT OF TWO MEMBERS TO THE DANIA BEACH HOUSING AUTHORITY; PROVIDING THAT SAID MEMBERS SHALL SERVE A FOUR (4) YEAR TERM, ENDING OCTOBER 31, 2008; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 12.4 Re-Appointment of 2 members to the Code Enforcement Board RESOLUTION#2004-198 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE RE-APPOINTMENT OF TWO REGULAR MEMBERS ON THE CODE ENFORCEMENT BOARD; PROVIDING THAT SAID MEMBERS SHALL SERVE A THREE (3) YEAR TERM EXPIRING NOVEMBER 10, 2007; 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 Wednesday, November 10, 2004— 1:00 p.m. —Executive Session(Shade Meeting) Thursday, November 18, 2004—6:00 p.m. —Abatement Hearing Tuesday, November 23, 2004— 7:00 p.m. —Regular Commission Meeting Tuesday, December 14, 2004—7:00 p.m. —Regular Meeting Wednesday, December 15, 2004—9:00 a.m. —Breakfast Meeting with BSO 14. ADJOURNMENT ADDENDUM TO AGENDA CITY OF DANIA BEACH REGULAR CITY COMMISSION MEETING TUESDAY, NOVEMBER 9, 2004- 7:00 P.M. 7. CONSENT AGENDA 7.6 RESOLUTION#2004-199 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A GRANT CONTRACT (AND ANY TIME EXTENSIONS, IF DEEMED NECESSARY) ON BEHALF OF THE CITY, WITH FLORIDA COMMUNITIES TRUST AND BROWARD COUNTY FOR ACQUISISTION OF AND IMPROVEMENTS TO BROWARD COUNTY GREEN SPACE SITE NUMBER 449, CONSISTING OF 4.71 ACRES, LOCATED NORTH OF THE INTERSECTION OF SW 45TH STREET AND SW 25TH AVEUNE, AND ACROSS FROM "BOATERS' PARK", IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances —(Title to be read by City Attorney) 7.7 ORDINANCE #2004-039 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 2 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "ADMINISTRATION"; AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE IV, ENTITLED "CODE ENFORCEMENT BOARD", SECTION 2-72 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE APPLICABILITY OF THE DANIA BEACH CODE ENFORCEMENT BOARD'S CONCURRENT JURISDICTION TO HEAR AND DECIDE CASES INVOLVING ALLEGED VIOLATIONS OF SPECIFICALLY ENUMERATED CODE CHAPTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)