HomeMy WebLinkAbout4443 - AGENDAS - City Commission AGENDA
DANIA BEACH CITY COMMISSION
REGULAR MEETING
TUESDAY, SEPTEMBER 14, 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. 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
*Pastor Torrey Phillips, Gospel of Christ Ministries
3. ROLL CALL
4. PRESENTATIONS AND SPECIAL EVENT APPROVALS: NONE
5. PROCLAMATIONS: NONE
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 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.
Dania Beach City Commission
Agenda—September 14,2004
Page 2 of 8
7. CONSENT AGENDA
7.1 Minutes:
Approval of minutes for Budget Meeting of July 26, 2004
Approval of minutes for Abatement Meeting of July 29, 2004
Approval of minutes for Workshop Meeting of August 23, 2004
Approval of minutes for Workshop Meeting of August 24, 2004
Approval of minutes for Regular Meeting of August 24, 2004
Approval of minutes for Special Commission Meeting of September 6, 2004
7.2 Travel Expenditures:
Request by Louise Stilson, City Clerk, to attend FACC Career Development Institute in
Altamonte Springs, Florida, October 10-15, 2004, for certification purposes. (Estimated total
cost: $1,028.20)
7.3 Bills: NONE
Resolutions
7.4 RESOLUTION #2004-147
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE
CITY MANAGER TO PURCHASE GASOLINE FROM PETROLEUM TRADERS
CORPORATION IN AN AMOUNT NOT TO EXCEED $80,000.00 PER FISCAL YEARS
04/05, 05/06, AND 06/07 UNDER B.S.O. BID #4-1-8-066; WITHOUT COMPETITIVE
BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR
CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.5 RESOLUTION #2004-148
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE CITY OF
FORT LAUDERDALE, AS SELLER, AND ON BEHALF OF THE CITY OF DANIA
BEACH, AS CONSUMER, FOR THE SALE AND PURCHASE OF POTABLE WATER;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.6 RESOLUTION #2004-149
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A
SCHEDULE OF PERMIT FEES FOR CONSTRUCTION IN ACCORDANCE WITH
SECTION 166.222, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Dania Beach City Commission
Agenda—September 14,2004
Page 3 of 8
7.7 RESOLUTION#2004-150
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN
INTERLOCAL AGREEMENT BETWEEN THE TOWN OF DAVIE AND THE CITY OF
DANIA BEACH TO PROVIDE FOR "INSPECTION, PLAN REVIEW, BUILDING
OFFICIAL AND RELATED SERVICES"; AND AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.8 RESOLUTION #2004-157
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, DIRECTING THAT
AN ANNUAL CITY HURRICANE PREPAREDNESS PLAN BE PRESENTED BY THE
CITY MANAGER TO THE CITY COMMISSION ON OR BEFORE JUNE Is' OF EACH
YEAR; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
Ordinances— (Title to be read by City Attorney)
7.9 ORDINANCE #2004-029
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE
"RAVENSWOOD ROAD BUSINESS PARK", PLAT, SUCH PROPERTY BEING
GENERALLY LOCATED AT 3013 RAVENSWOOD ROAD, 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 "RAVENSWOOD ROAD BUSINESS PARK"; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
7.10 ORDINANCE #2004-030
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO
STORMWATER MANAGEMENT; PROVIDING REVISIONS TO ARTICLE VIII
(ENTITLED "STORMWATER MANAGEMENT") TO UPDATE CODE PROVISIONS
APPLICABLE TO THE MANAGEMENT OF STORMWATER AND TO STORMWATER
ASSESSMENTS; CREATING A NEW DEFINITION AND PROVIDING FOR
CLARIFICATION OF CODE PROVISIONS; PROVIDING FOR SEVERANCE;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(FIRST READING)
7.11 ORDINANCE#2004-031
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, APPROVING EXECUTION OF A LEASE AGREEMENT AND RELATED
DOCUMENTS BETWEEN THE CITY AND HARBOUR TOWNE ASSOCIATES, A
Dania Beach City Commission
Agenda—September 14,2004
Page 4 of 8
CALIFORNIA GENERAL PARTNERSHIP PERTAINING TO PROPERTY OWNED BY
THE CITY AND COMMONLY KNOWN AS THE HARBOUR TOWNE MARINA
PROPERTY; AUTHORIZING AND DIRECTING THE EXECUTION OF THE LEASE BY
THE APPROPRIATE CITY OFFICIALS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST
READING)
8. BIDS AND REQUESTS FOR PROPOSALS
8.1 RESOLUTION #2004-151
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AWARDING
SEPARATE CONTRACTS FOR CONCRETE SIDEWALK CONSTRUCTION AND
REPAIRS AS REQUESTED BY THE CITY FROM TIME TO TIME TO MEF
CONSTRUCTION, INC., AND THE TAMARA PEACOCK COMPANY; AUTHORIZING
THE PROPER CITY OFFICIALS TO EXECUTE SEPARATE CONTRACTS WITH MEF
CONSTRUCTION, INC. AND THE TAMARA PEACOCK COMPANY; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
9. PUBLIC HEARINGS AND SITE PLANS
9.1 AA-35-04 — Request by Howard E. Nelson, Bilzin, Sumberg, Baena, Price & Axelrod
LLP, on behalf of NW 79th Station, Inc./Stirling Station, Inc., appealing the Community
Development Director's decision regarding the expiration of a previously approved site
plan for the property located at 5813 SW 40th Avenue. (Continued from August 10,
2004 and August 24, 2004)
RESOLUTION#2004-153
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE
ZONING APPEAL REQUEST SUBMITTED BY HOWARD E. NELSON, ON BEHALF
OF NW 791H STATION, INC./STIRLING STATION, INC., PROPERTY OWNER, FOR
THE LOCATION AT 5813 SW 40TH AVENUE, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
9.2(a) SP-05-03- Cape Fear Site Plan Modification, for property located north of SW 45 St,
east of SW 30 Avenue, West of SW 28 Way and south of the Dania Cut-Off Canal.
RESOLUTION# 2004-154
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
RESOLUTION #2003-182, ADOPTED AUGUST 12, 2003, TO MODIFY THE SITE
PLAN AND LANDSCAPE PLAN (SP-05-03) SUBMITTED BY MICHAEL SHIFF OF
THE SHIFF GROUP, FOR PROPERTY LOCATED NORTH OF SW 45TH STREET, EAST
Dania Beach City Commission
Agenda—September 14, 2004
Page 5 of 8
OF SW 30" AVENUE, WEST OF SW 28TH WAY AND SOUTH OF THE DANIA CUT-
OFF CANAL, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
9.2(b) ORDINANCE #2004-025
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
ORDINANCE NO. 2003-016, ADOPTED ON MARCH 25, 2003, FOR PROPERTY
GENERALLY LOCATED NORTH OF SW 45TH STREET, EAST OF SW 30TH AVENUE,
WEST OF SW 28TH TERRACE, AND SOUTH OF THE DANIA CUT-OFF CANAL
("CAPE FEAR" PLAT) IN DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED
IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; BY
MODIFYING THE PLANNED UNIT DEVELOPMENT (PUD) MASTER PLAN;
SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
(Continued from August 24, 2004)
9.3 ORDINANCE #2004-026
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
SECTIONS 13-21 AND 13-22 OF ARTICLE II ("SANITARY NUISANCES") OF
CHAPTER 13 ("HEALTH AND SANITATION") OF THE CITY CODE OF
ORDINANCES; REPEALING SECTIONS 13-23, 13-25, 13-26 AND 13-28 OF ARTICLE
II OF CHAPTER 13 AND CREATING SECTION 13-34 OF ARTICLE II OF CHAPTER
13; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
9.4 ORDINANCE #2004-027
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
SECTION 18-29.1 OF THE CITY CODE OF ORDINANCES TO PROVIDE THAT
PARTICIPATION IN THE GENERAL EMPLOYEES PENSION PLAN BY THE CITY
ATTORNEY SHALL BE OPTIONAL; FURTHER, TO PROVIDE THAT THE CITY
MANAGER AND CITY ATTORNEY MAY ELECT TO HAVE THE PAYMENT
EQUIVALENT TO THE CITY'S PENSION PLAN CONTRIBUTION PAYABLE AS
ADDITIONAL COMPENSATION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND
READING)
9.5 PL-41-04—Preliminary Plat approval request by D.C.E.S. on behalf of Stirling, LLC., for
property located at the northwest corner of Stirling road and SW 35 Avenue.
ORDINANCE #2004-028
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING "THE FOREST
VIEW ESTATES PLAT", SUCH PROPERTY BEING GENERALLY LOCATED AT THE
Dania Beach City Commission
Agenda—September 14,2004
Page 6 of 8
NORTHWEST CORNER OF STIRLING ROAD AND SW 35TH 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 FOREST VIEW ESTATES PLAT"; PROVIDING FOR SEVERABILITY;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
9.6 VA-43-04 — Request by Phyllis and Michael Talotta for setback variances to allow for an
addition to an existing single family home for property located at 605 SW 4th Avenue.
RESOLUTION 42004-155
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE
REQUEST SUBMITTED BY MICHAEL & PHYLLIS TALOTTA, FROM CHAPTER 28,
ZONING, ARTICLE 4, DISTRICT REGULATIONS, SCHEDULE OF LOT, YARD AND
BULK REGULATIONS FOR PROPERTY LOCATED AT 605 SW 4 AVENUE, DANIA
BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
9.7 VA-40-04 — Request by Joan Leto Trust, for a Variance from parking requirements
associated with the operation of a House of Worship to allow 11 parking spaces (29
parking spaces are required).
RESOLUTION #2004-156
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE
REQUEST SUBMITTED BY JOAN LETO TRUST FOR NEW COVENANT CHURCH,
FROM CHAPTER 28, ARTICLE 6, "OFF-STREET PARKING REQUIREMENTS", FOR
PROPERTY LOCATED AT 324 SOUTH FEDERAL HIGHWAY, DANIA BEACH;
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 Update on Pier Restaurant. (Vice Mayor Mikes)
Dania Beach City Commission
Agenda—September 14,2004
Page 7 of 8
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 by Commission of 2 regular citizen members and one alternate citizen
member on the Civil Service Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE
APPOINTMENTS OF TWO REGULAR CITIZEN MEMBERS AND ONE ALTERNATE CITIZEN MEMBER
ON THE CIVIL SERVICE BOARD; PROVIDING THAT SAID MEMBERS SHALL SERVE A FOUR(4)YEAR
TERM ENDING APRIL 1, 2008; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE."
12.3 Appointment by Commission of two (2) Alternate members to the Code Enforcement
Board.
RESOLUTION#2004-158
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE
APPOINTMENT OF TWO (2) MEMBERS TO THE ALTERNATE POSITION ON THE CODE
ENFORCEMENT BOARD; PROVIDING THAT SAID MEMBERS SHALL SERVE A THREE(3)YEAR TERM
EXPIRING SEPTEMBER 7, 2007; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
Current Alternate members Jay Hamilton and Terrell McCombs have expressed their desire to
serve for another three years.
12.4 Appointment of 3 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 EXPIRING 12:00 NOON, MARCH 15, 2005;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE".
12.5 Appointment of 1 member to the Parks, Recreation& Community Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE
APPOINTMENT OF A MEMBER TO THE "PARKS, RECREATION & COMMUNITY ADVISORY BOARD";
PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON,
MARCH 15,2005; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE".
12.6 Appointment by Commission of a member for R/E Property Manager position on the
Unsafe Structures Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE
APPOINTMENT OF A MEMBER TO THE REAL ESTATE PROPERTY MANAGER POSITION TO THE
Dania Beach City Commission
Agenda—September 14,2004
Page 8 of 8
UNSAFE STRUCTURES BOARD; PROVIDING THAT THIS MEMBER SHALL SERVE A THREE (3) YEAR
TERM BEGINNING MARCH 12, 2003, AND ENDING MARCH 11, 2006; 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:
Thursday, September 16, 2004—6:00 p.m. —Abatement Hearing
Wednesday, September 22, 2004 - 7:00 p.m. —Final Public Hearing-Fiscal Year 2005 Budget
Tuesday, September 28, 2004 - 7:00 p.m. —Regular Commission Meeting
14. ADJOURNMENT