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Home My WebLink About4477 - AGENDAS - City Commission AGENDA DANIA BEACH CITY COMMISSION . REGULAR MEETING TUESDAY, AUGUST 24, 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 MEETING. 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE * Pastor Mario Cinelli, Lighthouse Community Church 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Request by Kurt Ely, Chairman, 1. T. Parker Community Advisory Board, to charge a flat rental fee of $160.00 for the use of the I.T. Parker Center by the Dania Beach Improvement Committee for their Fund Raiser on October 30, 2004. 4.2 Employee Recognition Program "General Employee of the Month"Award for July 2004. *STANLEY JOHNSON* 5. PROCLAMATIONS: NONE 6. CITIZENS' 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 Dania Beach City Commission Agenda—August 24,2004 Page 2 of 7 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: Approval of minutes for Compensation Workshop of July 20, 2004 Approval of minutes for Special Budget Meeting of July 26, 2004 Approval of minutes for Regular Meeting of July 27, 2004 Approval of minutes for Regular Meeting of August 10, 2004 7.2 Travel Expenditures: Request by Laurence Leeds, Community Development Director, to attend CLE International- Eminent Domain Super Conference in Tampa, Florida, October 6-8, 2004, for certification purposes. (Estimated total cost: $1,123.50) 7.3 Bills: NONE Resolutions 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY TO THE U.S. DEPARTMENT OF JUSTICE, UNDER THE BUREAU OF JUSTICE ASSISTANCE (BJA) 2003 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) PROGRAM IN THE AMOUNT OF $18,606.00, WITH MATCHING FUNDS TO BE ALLOCATED BY THE CITY FROM THE CITY LAW ENFORCEMENT TRUST FUND IN THE AMOUNT OF $2,067.00; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION AND TO ADHERE TO ALL OF ITS REQUIREMENTS PRIOR TO FUNDING; AUTHORIZING ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT BY THE PROPER CITY OFFICIALS IF AND WHEN IT IS AWARDED; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO PURCHASE FROM RISK MANAGEMENT ASSOCIATES, INC. D/B/A PUBLIC RISK INSURANCE AGENCY, INC., WORKERS' COMPENSATION, PROPERTY AND GENERAL LIABILITY INSURANCE IN AN AMOUNT NOT TO EXCEED $987,173.00 FOR THE PERIOD OF OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO PURCHASE Dania Beach City Commission Agenda—August 24,2004 Page 3 of 7 FLOOD INSURANCE FROM AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA IN AN AMOUNT NOT TO EXCEED $32,000.00 FOR THE PERIOD OF OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances—(Title to be read by City Attorney) 7.7 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. (FIRST READING) 7.8 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. (FIRST READING) 8. BIDS AND REQUESTS FOR PROPOSALS 8.1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING THE EXECUTION OF A CONTINUING PROFESSIONAL PROGRAM MANAGEMENT SERVICES CONTRACT TO PUBLIC UTILITY MANAGEMENT AND PLANNING SERVICES, INC. FOR THE CITY OF DANIA BEACH INTEGRATED WATERWORKS CAPITAL IMPROVEMENT PROGRAM; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; 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 791h 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 401h Avenue. (Continued from August 10, 2004) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE Dania Beach City Commission Agenda—August 24,2004 Page 4 of 7 ZONING APPEAL REQUEST SUBMITTED BY HOWARD E. NELSON, ON BEHALF OF NW 79TH 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) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 6, "BEACHES, PARKS AND RECREATION", OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 6-33, "SCHEDULE OF CHARGES", TO INCREASE THE FINES FOR PARKING VIOLATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) B) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 25, "TRAFFIC", OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 25-79, "FINES", TO INCREASE THE SUCH FINES FOR VIOLATIONS PURSUANT TO SECTION 25-79; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.3 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 "DANIA PLACE PLAT"; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.4 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) 9.5 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 28 "SIGNS," SECTION 28.140, "SHOPPING CENTERS, HOTELS, OFFICE COMPLEXES AND INDUSTRIAL COMPLEXES WITHIN 1,000 FEET OF I-95 OR I- 595," SECTION 28.160, "DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT SIGN REGULATIONS," AND SECTION 28.180 "PRINCIPAL ARTERIAL Dania Beach City Commission Agenda—August 24,2004 Page 5 of 7 COMMERCIAL DESIGN STANDARDS OVERLAY" TO REVISE THE LOCATION AND SIZE REQUIREMENTS FOR SPECIFIED TYPES OF SIGNS; AMENDING ARTICLE 28 "SIGNS," SECTION 28.200 "RELIEF FROM REQUIREMENTS, SIGN ADJUSTMENT, VARIANCES" TO REVISE THE CRITERIA FOR GRANTING A SIGN ADJUSTMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.6 DR-48-04 — Request by Benito Irastorza, on behalf of B & JCM Properties, LLC., for approval to change the plat note on the Stirling Suites Plat from 158 hotel rooms to 201 hotel rooms. Property located at the northwest corner of Interstate 95 and Stirling Road. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION REQUEST SUBMITTED BY BENITO IRASTORZA ON BEHALF OF B & JCM PROPERTIES, LLC. TO CHANGE THE PLAT NOTE ON THE STIRLING SUITES PLAT; PROPERTY LOCATED ON THE NORTHWEST CORNER OF I-95 AND STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.7 SP-45-04 — Request by Bonnie Miskel, Ruden McClosky, on behalf of Barry N. Morris, C/O Ocean Development LLC., for Site Plan approval to construct a 14 story multifamily residential building located on the north side of Dania Beach Boulevard approximately 300 feet east of the Motel Six. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY BARRY N. MORRIS C/O OCEAN DEVELOPMENT LLC, FOR PROPERTY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD APPROXIMATELY 300 FEET EAST OF THE MOTEL SIX, IN 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 Request by Sylvia Sabrina Mitchell, d/b/a Sylvia Sabrina Mitchell for renewal of the Palmistry/Fortuneteller business license for property located at 2511 Stirling Road. (Community Development) (Continued from August 10, 2004) Dania Beach City Commission Agenda—August 24,2004 Page 6 of 7 11.2 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) (Continued from August 10, 2004) 11.3 Discussion on Large User issues regarding Hollywood's sludge processing proposal. (Vice-Mayor Mikes) 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 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". 12.4 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". 12.5 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 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 Dania Beach City Commission Agenda—August 24,2004 Page 7 of 7 13.2 City Attorney 13.3 City Clerk—Meeting Reminder: Monday, September 13, 2004 - 7:00 p.m.—First Public Hearing-Fiscal Year 2005 Budget Tuesday, September 14, 2004 - 7:00 p.m.—Regular Commission Meeting Thursday, September 16, 2004—6:00 p.m. —Abatement Hearings Meeting 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 ADDENDUM TO AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, AUGUST 24, 2004 - 7:00 P.M. Addendum to Consent Agenda 7.9 Request by Vice-Mayor Mikes to attend Florida Ethics Law Conference in Tampa, Florida, September 8-10, 2004. (Estimated cost $602)