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Home My WebLink About2007-09-11 City Commission Meeting Agenda AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, SEPTEMBER 11, 2007 - 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 PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 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 # 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 THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD,DANIA BEACH,FL 33004,(954)924-3624,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 Reverend Timothy Shellman, Sr., St. Ruth Missionary Baptist Church 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 5. PROCLAMATIONS 6. CITIZEN COMMENTS Addressing the Commission: Comments by Dania Beach citizens, or other 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 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 11, 2007 Page 2 of 6 7. CONSENT AGENDA 7.1 Minutes: Approve Minutes of the August 28, 2007 City Commission Meeting Resolutions 7.2 RESOLUTION #2007-158 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ADJUSTING THE FUNDING SOURCE FOR THE TREE REMOVAL SERVICES AT THE BUILDING SITE FOR THE FIRE STATION NUMBER 93 TO BE PERFORMED BY ELAN LAWN AND LANDSCAPING SERVICES IN AN AMOUNT NOT TO EXCEED $30,000.00 APPROVED BY THE COMMISSION PURSUANT TO RESOLUTION 2007-072; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION #2007-164 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, TO ADMINISTER THE TIME-4- KIDS PROGRAM FOR THE 07-08 AFTER SCHOOL PROGRAM AND 2008 SUMMER PROGRAM; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE 7.4 RESOLUTION #2007-165 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN CONSTRUCTION SERVICES FOR THE CONSTRUCTION OF ADA RESTROOMS AT FROST PARK FROM COASTAL CONTRACTING AND DEVELOPMENT CONTRACT CONNECTIONS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $1,270.00 FOR COASTAL CONSTRUCTION AND $6,500.00 FOR CONTRACT CONNECTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING TO COMPLETE THE PROJECT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—September 11, 2007 Page 3 of 6 Ordinances (Titles to be read by City Attorney) 7.5 ORDINANCE #2007-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER& POLIAKOFF, REPRESENTING THE PROPERTY OWNER ROBERT KRILICH, SR. OF OAKBROOK REALTY & INVESTMENT, LLC., FOR THE "STIRLING ROAD PLAZA PLAT', SUCH PROPERTY BEING GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18TH 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 "STIRLING ROAD PLAZA PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.6 ORDINANCE #2007-023 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY ATTORNEY KEITH POLIAKOFF WITH THE LAW FIRM OF BECKER & POLIAKOFF, REPRESENTING THE PROPERTY OWNER ROBERT KRILICH, SR. OF OAKBROOK REALTY & INVESTMENT, LLC., TO REDESIGNATE FROM "PARKS AND RECREATION" TO "COMMERCIAL" CERTAIN PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF STIRLING ROAD AND SOUTHWEST 18T" STREET, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS 9.1 ORDINANCE#2007-016 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN IN RESPONSE TO A REQUEST BY FLORIDA POWER AND LIGHT, TO REDESIGNATE FROM "CONSERVATION" TO "UTILITIES" CERTAIN PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF SE 5T" AVENUE, BETWEEN SE 3RD STREET AND SE Dania Beach City Commission Agenda— September 11, 2007 Page 4 of 6 3RD TERRACE (301 SE 5TH AVENUE), DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Continuedfrom August 28, 2007) 9.2 ORDINANCE #2007-021 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING SECTION 9.24.1, ENTITLED "REVIEW OF PERMITS AND DEVELOPMENT ORDERS WITH REGARD TO ZONING IN PROGRESS," TO CLARIFY THE TIME AT WHICH ZONING IN PROGRESS BEGINS, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.3 RESOLUTION #2007-154 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON JUNE 26, 2007, AND EXPIRES ON SEPTEMBER 26, 2007) RELATING TO THE REQUEST FOR APPROVALS SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM, ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING HOLLYWOOD INVESTMENTS GROUP, I, LLC., FOR VARIANCE VA-03-06 GRANTED BY RESOLUTION 2006-105; SPECIAL EXCEPTION USE SE-03-06 GRANTED BY RESOLUTION 2006-106; VACATION VC-03-06 GRANTED BY RESOLUTION 2006-112; AND SITE PLAN REQUEST SP-03-06 GRANTED BY RESOLUTION 2006-107, FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENI, PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE IST COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.4 RESOLUTION #2007-155 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY FLOOKER ADAMS ON BEHALF OF JANETTE S. NANTON, FROM CHAPTER 28, "ZONING", ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS" AND ARTILCE 6.21 "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 53 SE 13TH TERRACE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.5 RESOLUTION #2007-156 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ED DARLING ON BEHALF OF NASSAU Dania Beach City Commission Agenda—September 11, 2007 Page 5 of 6 DEVELOPMENT CORPORATION, FROM CHAPTER 28, "ZONING", ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS", FOR VACANT PROPERTY LOCATED AT 45 NW 14TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.6 RESOLUTION #2007-157 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ROBERT SPIECE, FROM CHAPTER 28, "ZONING", ARTICLE 6.21 "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS", FOR VACANT PROPERTY LOCATED AT 105 SW 1sT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10 COMMISSION COMMENTS 10.1 Commissioner Bertino 10.2 Commissioner Castro 10.3 Commissioner Flury 10.4 Vice-Mayor Jones 10.5 Mayor Anton 11. DISCUSSION AND POSSIBLE ACTION 11.1 Fire Station #93 Tree Removals due to enlargement of Dry Retention Area (Continued from August 28, 2007) 12. APPOINTMENTS 12.1 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment 12.2 Nuisance Abatement Board (5 Regular and 2 Alternate Members — I per Commissioner—Alternates by entire Commission—2 Year Term) Commissioner Flury— I appointment 2 Alternate positions 13 ADMINISTRATIVE REPORTS 13.1 City Manager Dania Beach City Commission Agenda— September 11, 2007 Page 6 of 6 13.2 City Attorney 13.3 City Clerk - Reminders Wednesday, September 12, 2007—7:00 p.m. ls` FY 07/08 Budget Public Hearing Wednesday, September 19, 2007—7:00 p.m. Final FY 07/08 Budget Public Hearing Thursday, September 20, 2007 —6:00 p.m. Abatement Hearing Tuesday, September 25, 2007—7:00 p.m. Regular City Commission Meeting 14. ADJOURNMENT