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Home My WebLink About4529 - AGENDAS - City Commission AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, JULY 27, 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 s 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: *Rev. Timothy Shellman, St. Ruth's Missionary Baptist Church 3. ROLL CALL: 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 4.1 Presentation by Representative Tim Ryan of a check in the amount of $103,750.00, from the State of Florida Department of Environmental Protection for the City's FRDAP grant application. 4.2 Presentation of Certificate of Recognition to Robert Nunziato, a Dania Beach resident, for winning the Dania Beach Centennial Super Boat Race on July 17t", 2004. (Commissioner Robert H. Chunn, Jr.) 4.3 Presentation of Certificates of Appreciation to Kathy VanNoorden, Executive Assistant to the City Manager and Mardie Holloway, Supervisor of Parks and Landscape Maintenance. (City Manager) 4.4 Employee Recognition Program "General Employee of the Month" Award for May 2004. *JIM FIELDS* 5. PROCLAMATIONS: NONE AGENDA 1 JULY 27, 2004 CITY OF DANIA BEACH 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. The citizen comments period shall begin promptly at 7:00 PM. 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 (INCLUDING EXPENDITURES): 7.1 Minutes: Approval of minutes for Regular Meeting of March 12, 2003 Approval of minutes for Workshop Meeting of October 22, 2003 Approval of minutes for Workshop Meeting of June 8, 2004 Approval of minutes for Regular Meeting of June 8, 2004 Approval of minutes for Workshop Meeting of June 21, 2004 Approval of minutes for Special Meeting of June 22, 2004 Approval of minutes for Regular Meeting of June 22, 2004 Approval of minutes for Special Meeting of July 14, 2004 7.2 Travel Expenditures: Request by Kristen Jones, Director of Parks and Recreation Department, to attend Florida Recreation Parks Association Conference in Palm Harbor, Florida, August 29-30, 2004, for certification purposes. (Estimated total cost: $340.00) 7.3 Bills: NONE Resolutions — 7.4 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING FEES FOR ENTRY INTO PATRICK J. MELI AQUATIC COMPLEX; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND KENNETH C. JENNE, II, SHERIFF OF BROWARD COUNTY FOR POLICE SERVICES; PROVIDING FOR CONFLICTS; 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 ENTER INTO A LEASE AGREEMENT WITH FLORIDA EAST COAST AGENDA 2 JULY 27, 2004 CITY OF DANIA BEACH RAILWAY, L.L.C. ("FEC"), FOR THE RENEWAL OF A LEASE OF A SUBSURFACE PORTION OF THE FEC RIGHT-OF-WAY LOCATED BETWEEN NW 3RD STREET AND NW 3RD PLACE FOR CITY USE OF A TEN INCH SEWER MAIN; PROVIDING FOR CONFLICTS; 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 THE CITY CODE OF ORDINANCES RELATING TO THE POLICE AND FIREFIGHTERS' RETIREMENT SYSTEM, TO PROVIDE FOR COMPLIANCE WITH CHAPTER 2004-21, LAWS OF FLORIDA, WHICH SPECIFIES THAT RETIREES MAY AUTHORIZE DIRECT THIRD PARTY PAYMENTS AS A DEDUCTION FROM NET BENEFITS FOR SPECIFIC PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 8. BIDS AND REQUESTS FOR PROPOSALS: NONE 9. PUBLIC HEARINGS AND SITE PLANS: 9.1 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 28 "SIGNS", TO REVISE AND UPDATE THE CITY'S SIGN REGULATIONS; INCLUDING BUT NOT LIMITED TO, SIGN REGULATIONS AFFECTING PROPERTIES ADJACENT TO INTERSTATE-95, INTERSTATE-595, AND PRINCIPAL ARTERIAL ROADWAYS, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 9.2 a) SP-83-03 — Request by Moises Gorin, on behalf of Villas at Oak Hammock, LLC., for Site Plan approval for the construction of 27 townhouse units for property located at 5353 SW 40t" Avenue. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MOISES GORIN, ON BEHALF OF VILLAS AT OAK HAMMOCK, LLC., FOR PROPERTY LOCATED AT 5353 SW 40TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. b) VA-19-04 — Request by Moises Gorin, on behalf of Villas at Oak Hammock, LLC., for Variances and Waiver approval for the construction of AGENDA 3 JULY 27, 2004 CITY OF DANIA BEACH 27 townhouse units for property located at 5353 SW 40th Avenue. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY MOISES GORIN, ON BEHALF OF VILLAS AT OAK HAMMOCK, LLC., FOR PROPERTY LOCATED AT 5353 SW 40TH AVENUE, FROM CHAPTER 28, ZONING AND CHAPTER 26, VEGETATION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Continued from December 8, 2003 Commission meeting 9.3 a) SP-07-03 — Request by John Bartley, Agent for the First Baptist Church of Dania Holding, Co. Inc., for Site Plan approval to construct a 5,000 square foot place of worship and related parking area. Property located on the east side of SE 2"d Avenue between Sheridan Street and SE 14th Street. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JOHN BARTLEY, AGENT FOR THE FIRST BAPTIST CHURCH OF DANIA HOLDING, CO., INC., FOR PROPERTY LOCATED ON THE EAST SIDE OF SE 2ND AVENUE BETWEEN SHERIDAN STREET AND SE 14T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. b) VA- 08-03NA-37-04 — Request by John Bartley, Agent for the First Baptist Church of Dania Holding, Co. Inc., for Variances and Waiver approval for the construction of a 5,000 square foot place of worship and related parking area. Property located on the east side of SE 2"d Avenue between Sheridan Street and SE 14th Street. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN BARTLEY, AGENT FOR THE FIRST BAPTIST CHURCH OF DANIA HOLDING, CO., INC., FOR PROPERTY LOCATED ON THE EAST SIDE OF SE 2ND AVENUE BETWEEN SHERIDAN STREET AND SE 14T" STREET, FROM CHAPTER 26, ARTICLE IV LANDSCAPING AND CHAPTER 28, ZONING, ARTICLE 6, SCHEDULE OF OFF-STREET PARKING REQUIREMENTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.4 DR- 34-04 — Delegation Request by Craven Thompson & Associates, Inc., on behalf of Bayard Spector, to amend the plat note by increasing the number of boat slips from 61 to 80, located at 5813 SW 40th Avenue. AGENDA 4 JULY 27, 2004 CITY OF DANIA BEACH 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 Special request by Tom Vlachos, to remove two existing Oak trees from a vacant lot (single family) located at 3700 SW 54t" Street. (Community Development) 11.2 Request for a Sidewalk Waiver by Eduardo Sanz, for property located at 4665 SW 34t" Terrace. (Community Development/Public Services) 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 2 members to the Parks, Recreation & Community Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF TWO MEMBERS TO THE "PARKS, RECREATION & COMMUNITY 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". AGENDA 5 JULY 27, 2004 CITY OF DANIA BEACH 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: 'r. 13.1 City Manager — Discussion on celebrating the City's Re-Opening of the Nyberg-Swanson House. 13.2 City Attorney- 13.3 City Clerk— Meeting Reminder: Thursday, July 29, 2004 @ 6:00 p.m. — Special Meeting (Abatements) Tuesday, August 10, 2004 @ 7:00 p.m. — Regular Commission Meeting Tuesday, August 24, 2004 @ 7:00 p.m. — Regular Commission Meeting 14. ADJOURNMENT AGENDA 6 JULY 27, 2004 CITY OF DANIA BEACH ADDENDUM DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, DULY 27, 2004 7. CONSENT AGENDA(INCLUDING EXPENDITURES) 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE CHEMICALS FROM COMMERCIAL ENERGY SPECIALISTS, INC. IN AN AMOUNT NOT TO EXCEED $24,000 IN FISCAL YEAR 2004, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, EXPRESSING .THE SUPPORT OF THE CITY COMMISSION FOR THE ADOPTION OF A "PAY FOR PERFORMANCE" PAY PLAN TO BE APPLICABLE TO GENERAL EMPLOYEES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.. 9. PUBLIC HEARINGS AND SITE PLANS: Continued from June 22, 2004, Commission meeting 9.5 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN MAP OF THE DANIA BEACH COMPREHENSIVE PLAN FOR 120 ACRES, MORE OR LESS, OF PROPERTY DESCRIBED IN EXHIBIT "A" FROM "ESTATE (1) RESIDENTIAL" DESIGNATION TO "CONSERVATION" DESIGNATION; AMENDING THE FUTURE LAND USE ELEMENT TO DESCRIBE CERTAIN ADDITIONAL USES PERMITTED IN THE FUTURE LAND USE PLAN MAP "CONSERVATION" DESIGNATION; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND FOR ADOPTION PURSUANT TO SECTION .163.3184, FLORIDA STATUTES; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 11. DISCUSSION AND POSSIBLE ACTION: 11.3 Update on Pier Restaurant. (City Manager) AGENDA JULY 27, 2004 CITY OF DANIA BEACH