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HomeMy WebLinkAboutMinutes of Regular Meeting - July 12, 2011 MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JULY 12, 2011 — 7:00 P.M. 1. Call to Order/Roll Call Mayor Flury called the meeting to order at 7:00 p.m. Present: Mayor: Patricia A. Flury Vice-Mayor: Bobbie Grace Commissioners: Anne Castro Walter Duke C. K. "Mac" McElyea City Manager: Robert Baldwin City Attorney: Thomas Ansbro City Clerk: Louise Stilson 2. Invocation and Pledge of Allegiance Albert Jones, former Dania Beach City Commissioner, gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Presentations and Special Event Approvals 3.1 Mayor Debby Eisinger, Broward County League of Cities Debby Eisinger, President of the Broward County League of Cities, provided an overview of the League's mission, as well as their goals for the upcoming year. She noted that the Broward County League of Cities during its 54 years of existence has served as a valuable resource in assisting local municipal officials, public employees and the local business community by providing quality services to all Broward County residents. Mayor Eisinger invited elected officials and public employees to attend their upcoming workshops which will provide educational training and leadership techniques. Commissioner Castro noted the Broward League of Cities is a valuable resource for the City of Dania Beach to participate and we are very proud of what they do. 3.2 Dr. Herman Wrice Awards Mayor Flury presented the 2011 Dr. Herman Wrice Award to Teddy Bohanan, Chickie Brandimarte, and Dick & Betty Sokol. She thanked them for their service and dedication to the community. 3.3 Airport Advisory Board Presentation Linda Sacco, Chairperson of the Airport Advisory Board, reiterated the requests made at last month's City Commission meeting regarding the Airport mitigation program. She requested that the Commission explain the anticipated agreement with Broward County. Commissioner Castro confirmed the first priority of the Commission is to take care of the residents and the City. She noted that mediation is still underway and until it is settled nothing can be made public. Commissioner Castro said that the finalized negotiations will be presented to the Airport Advisory Board for discussions; we will then hold three community meetings and it will be brought to the Commission in September for a final vote. She remarked that everything will be brought out publicly. 3.4 Special Event request from Pride of Hollywood for a book bag and school supplies p q y g s pp es giveaway, to be held Saturday, August 6, 2011 from 9:00 a.m. — 3:00 p.m. at Chester Byrd Park Commissioner Castro motioned to approve the Special Event request from Pride of Hollywood; seconded by Vice-Mayor Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 3.5 Special Event request from United Churches of Liberia (UCOL) for the Annual Progress in the Park Back to School Parade,to be held Saturday, August 6, 2011 from 9:00 a.m. — 10:00 a.m. City Manager Baldwin noted the applicant is also requesting a waiver of the $150.00 application fee. Commissioner Castro motioned to approve the Special Event request from United Churches of Liberia (UCOL) and to waive the $150.00 application fee; seconded by Vice- Mayor Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 4. Proclamations There were no proclamations at this meeting. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,July 12,2011 —7:00 p.m. 5. Citizen Comments Albert Jones, 722 SW P Street, invited the Commissioners to attend the grand opening of the new Joe DiMaggio Children's Hospital at Memorial Hospital on Friday, July 15 at 6:30 p.m. He noted the public is invited to attend a community event and tour of the hospital on July 16th Commissioner Jones commented that the citizens deserve a first class restaurant on the beach. Craig Urbine, 1211 Stirling Road, provided an update on the Stirling Road Design District. He requested that the City consider installing 15-20 banners identifying the Design District at a cost of approximately $4,000.00. Mr. Urbine also asked for City services, for the event they are planning on Saturday, November 5, 2011. The City's contribution toward the event would include waiving any permits as well as providing fire and BSO services. Mayor Flury recommended Mr. Urbine contact the City Manager to discuss this matter. Beverly Simpson, 2782 East Marina Drive, member of the Broward County Fire Department CERT Team, requested help to support former firefighter Jim Kadnar whose home was destroyed by fire on July 5, 2011. Mayor Flury noted if the Commissioners wanted to make a personal donation they would do so. Carol Stokrocki, Garden Club, 450 SE 7th Street, requested support in saving the plants on SE 5th Avenue. She wondered if rip rap could be installed to protect an area that continues to erode. Mayor Flury suggested we get together and develop a plan to decide what plants can be installed. She noted that the City Manager will assign someone to arrange a meeting to determine what is permissible in that area. Commissioner Castro suggested a moratorium until the matter is settled. 6. Public SafelyReports Vice-Mayor Grace requested an update on the patrols at CW Thomas Park. She noted that we need to set an example as adults as to how we handle ourselves and let people know that no alcoholic beverages are allowed in our parks. Vice-Mayor Grace asked Chief Peterson to look at the empty lot on NW 5th Avenue and 1 st where people are hanging out during the day. Chief Peterson asked the residents to be responsible and not drink in the parks. He also commented that people are riding ATV's in the parks and this is not allowed. 7. Consent Agenda Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,July 12,2011 —7:00 p.m. Items removed from Consent Agenda: #7.3 7.1 Minutes: Approve minutes of June 21, 2011 Special City Commission meeting Approve minutes of June 28, 2011 City Commission meeting 7.2 Travel Requests: Request of Commissioner Anne Castro to attend the 2011 Florida League of Cities 85"' Annual Conference in Orlando, Florida, on August 11-14, 2011 (Estimated cost $1,301.66) Resolutions 7.4 RESOLUTION#2011-066 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN "AGREEMENT FOR PERMIT" AND AN "AGREEMENT" WITH SOUTHERN WASTE SYSTEMS, LTD.,AND APPROVING A "FIRST AMENDMENT TO RESTRICTIVE COVENANTS" TO BE EXECUTED BY THAT PROPERTY OWNER AND RECORDED AGAINST THE SUBJECT PROPERTY WHICH IS LOCATED IN THE 3200 BLOCK OF SW 26TH TERRACE IN THE CITY OF DANIA BEACH, TO ALLOW THE CONSTRUCTION OF AN ACCESSORY EQUIPMENT STORAGE STRUCTURE TO BE LOCATED ON THE PROPERTY, SUBJECT TO SUBSEQUENT SITE PLAN APPROVAL BY THE CITY COMMISSION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2011-068 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY PERTAINING TO THE MONITORING OF DEVELOPMENT ACTIVITY AND ENFORCEMENT OF PERMITTED LAND USES IN THE REGIONAL ACTIVITY CENTER ("RAC"); PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2011-069 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING RICHARD CONNER AND MEAH TELL TO ACT AS CODE ENFORCEMENT SPECIAL MAGISTRATES FOR MUNICIPAL CODE ENFORCEMENT PROCEEDINGS AND SETTING THE COMPENSATION FOR THEIR SERVICES; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2011-070 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING THE AMENDMENT TO THE SANITARY SEWER EASEMENT FROM PALMETTO HOSPITALITY OF DANIA BEACH HP, LLC, A FLORIDA LIMITED LIABILITY COMPANY AND PALMETTO HOSPITALITY OF DANIA BEACH SS, LLC, A FLORIDA LIMITED LIABILITY COMPANY; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,July 12,2011 —7:00 p.m. 7.8 RESOLUTION#2011-071 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR FUND TRANSFERS AND APPROPRIATION OF FUNDS FOR PAYMENT OF LITIGATION EXPENSES TO WEISS SEROTA HELFMAN,PASTORIZA,COLE&BONISKE,P.L.,AND TO RYAN&RYAN,LLC FOR CODE/LIEN LEGAL SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION #2011-072 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,APPOINTING JAMES A. CHEROF, ESQUIRE, OF THE LAW FIRM OF GOREN, CHEROF, DOODY & EZROL, P.A., AS SPECIAL LABOR COUNSEL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles read by City Attorney) 7.10 ORDINANCE#2011-025 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST MADE BY ALEX NICHOLS, PROPERTY OWNER, TO REZONE PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF SW 31sT STREET AND SW 26TH TERRACE(TRAM ROAD), SOUTH OF STATE ROAD 84 IN 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 RESIDENTIAL SINGLE FAMILY (RS-6000) TO INDUSTRIAL RESEARCH OFFICE MARINE - AIRPORT APPROACH (IROM-AA), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.11 ORDINANCE #2011-026 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTIONS 13-68 ENTITLED "DEFINITIONS" AND 13-74, ENTITLED "GARBAGE COLLECTION BY PRIVATE HAULERS, PERMITS REQUIRED", BY AMENDING PARAGRAPH 2 ENTITLED "FRANCHISE FEE REQUIRED" AND PARAGRAPH 5, OF ARTICLE IV, ENTITLED "GARBAGE AND TRASH" OF THE CITY CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.12 ORDINANCE#2011-027 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,REPEALING SECTION 2-12 IN ITS ENTIRETY, ENTITLED "ISSUANCE OF PROMISSORY OBLIGATIONS", OF ARTICLE I, ENTITLED "IN GENERAL" OF CHAPTER 2, ENTITLED "ADMINISTRATION" AND CREATING A NEW SECTION 2-12 OF ARTICLE 1 TO BE ENTITLED "DEBT MANAGEMENT POLICY"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Castro motioned to adopt the Consent Agenda, with the exception of Item #7.3; seconded by Vice-Mayor Grace. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,July 12,2011 —7:00 p.m. Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 7.3 RESOLUTION#2011-065 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,ADOPTING A CITY "DEBT MANAGEMENT POLICY"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2011-065. Mayor Flury noted it is a superb and very detailed policy. She questioned Section 2- Guidelines- 1. Categorize Debt Programs. Mark Bates, Director of Finance, responded the levels are addressed in a table on the last page of the policy. He noted that we are operating within these guidelines. Commissioner Castro motioned to adopt Resolution #2011-065; seconded by Vice-Mayor Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 8. Bids and Requests for Proposals There were no proposals on this agenda. 9. Public Hearings and Site Plans 9.1 ORDINANCE#2011-020 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 6-15, ENTITLED "SURFING RESTRICTED TO SPECIFIED AREA, TIME", OF ARTICLE 1, ENTITLED "IN GENERAL", OF THE CODE OF ORDINANCES, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2011-020. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Vice-Mayor Grace motioned to adopt Ordinance #2011-020, on second reading; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,July 12,2011 —7:00 p.m. Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 9.2 ORDINANCE #2011-021 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA PERTAINING TO FLOOD REGULATIONS; AMENDING CHAPTER 12, "FLOOD DAMAGE PREVENTION" OF THE CITY CODE OF ORDINANCES; AMENDING SECTION 12-5 ("DEFINITIONS"); AMENDING ARTICLE I1, "ADMINISTRATION", CODE SECTION 12-31 ("DESIGNATION OF BUILDING OFFICIAL"), SECTION 12-32 ("DUTIES AND RESPONSIBILITIES OF THE BUILDING OFFICIAL"), SECTION 12-34("VARIANCE PROCEDURES"),AND SECTION 12-52 ("SPECIFIC STANDARDS"); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2011-021. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Vice-Mayor Grace motioned to adopt Ordinance #2011-021, on second reading; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 9.3 ORDINANCE #2011-022 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING A MODIFICATION TO THE CAPITAL IMPROVEMENT SCHEDULE OF THE CITY OF DANIA BEACH, PURSUANT TO SECTION 163.3177, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2011-022. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2011-022, on second reading; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,July 12,2011 —7:00 p.m. 9.4 ORDINANCE#2011-023 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE TEXT OF THE CAPITAL IMPROVEMENTS ELEMENT AND THE PUBLIC SCHOOL FACILITIES ELEMENT; PROVIDING FOR TRANSMITTAL AND ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance#2011-023. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2011-023 on first reading; seconded p g, s co ded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 9.5 ORDINANCE#2011-024 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND THE CODE OF ORDINANCES AND LAND DEVELOPMENT CODE BY AMENDING ARTICLE IX "HISTORIC PRESERVATION" OF CHAPTER 8 "BUILDINGS" OF THE CODE OF ORDINANCES CONCERNING THE CITY'S HISTORIC MARKER AND PLAQUE PROGRAM; AMENDING ARTICLE 105 "USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS" REGARDING PERMITTED ACCESSORY USES AND STRUCTURES; AMENDING ARTICLE 110 "USE REGULATIONS FOR COMMERCIAL AND MIXED- USE DISTRICTS" CONCERNING PERMITTED USES IN ZONING DISTRICTS AND PROVIDING FOR SUPPLEMENTAL USE REGULATIONS; AMENDING ARTICLE 115 "INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS OF USE" CONCERNING PERMITTED USES IN ZONING DISTRICTS AND CONDITIONS OF USE; AMENDING ARTICLE 205 "TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS FOR ALL ZONING DISTRICTS" TO AMEND DEVELOPMENT STANDARDS FOR ZONING DISTRICTS; AMENDING ARTICLE 215 "SUPPLEMENTAL REGULATIONS FOR YARDS, LOT COVERAGE, IMPERVIOUS AREA AND OPEN SPACE"TO AMEND YARD AND IMPERVIOUS AREA REGULATIONS;CREATING ARTICLE 221 "NOISE MITIGATION" TO PROVIDE FOR NOISE MITIGATION REQUIREMENTS FOR RESIDENTIAL PROPERTIES WITHIN ACCEPTED FEDERAL AVIATION ADMINISTRATION LONG-RANGE NOISE EXPOSURE AREAS; AMENDING ARTICLE 265 "OFF-STREET PARKING REQUIREMENTS" TO AMEND PARKING REQUIREMENTS FOR PROPERTIES WITHIN THE DESIGN DISTRICT OVERLAY; CREATING ARTICLE 295 "VOLUNTARY MOBILITY PROGRAM" IN ORDER TO PROVIDE FOR A MOBILITY PROGRAM TO MANAGE VEHICULAR TRAFFIC DEMAND AND SUPPORT MULTIMODAL TRANSIT; AMENDING ARTICLE 303 "DISTRICT DEVELOPMENT STANDARDS" TO AMEND DENSITY AND DEVELOPMENT STANDARDS FOR THE CITY CENTER ZONING DISTRICT; CREATING ARTICLE 330 "COMMUNITY FACILITIES (CF) DISTRICT" TO ESTABLISH THE COMMUNITY FACILITIES ZONING DISTRICT; AMENDING ARTICLE 505 "SIGN REGULATIONS" CONCERNING REGULATIONS OF TRANSIT-RELATED SIGNAGE; AMENDING ARTICLE 605 "GENERAL APPLICATION REQUIREMENTS" TO IMPLEMENT THE VOLUNTARY MOBILITY PROGRAM; AMENDING ARTICLE 610 "PUBLIC HEARING NOTICES" TO PROVIDE FOR AMENDMENTS TO PUBLIC NOTICE MAILING REQUIREMENTS FOR DEVELOPMENT APPLICATIONS; AMENDING ARTICLE 655 "VACATIONS OF RIGHT-OF-WAY" TO AMEND THE PROCEDURES FOR RIGHT-OF-WAY VACATIONS; AMENDING Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,July 12,2011 —7:00 p.m. ARTICLE 725 "DEFINITIONS" TO AMEND DEFINITIONS RELATED TO MOBILITY PROGRAM,DENSITY AND PERMITTED USES; PROVIDING FOR AMENDMENTS THROUGHOUT THE LAND DEVELOPMENT CODE TO CORRECT SCRIVENER'S ERRORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance#2011-024. Mayor Flury opened the Public Hearing. I Craig Urbine, 1211 Stirling Road, requested a clarification on the area that affects the Design District. Corinne Lajoie, Principal City Planner, explained the new parking requirements are applicable to all new and existing uses. Mr. Urbine said this is negatively impacting the original overlay that was created. Ms. Lajoie noted it is a parking reduction for that particular use in that district. Commissioner Castro requested that this be clarified before the second reading of the ordinance. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2011-024, on first reading, with clarifications prior to second reading; seconded by Vice-Mayor Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Grace Yes Commissioner Duke Yes Mayor Flury Yes Commissioner McElyea Yes 10. Discussion and Possible Action There were no discussion items on this agenda. 11. Commission Comments 11.1 Commissioner Castro Commissioner Castro commented on the annual drinking water quality report. She further encouraged everyone to conserve water. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,July 12,2011 —7:00 p.m. Commissioner Castro noted that the Pier restaurant shell and bait shop will be returned to the City. She said we will keep the operation of the Pier and there will be an RFP for the restaurant. Commissioner Castro remarked that the Pier is for tourists, but mainly for our residents to enjoy. Commissioner Castro noted she met with the artist who has been talking to the economic development people. She recommended creating an ad hoc cultural arts committee, not appointed by the Commission, that would meet and discuss with staff how to bring culture to Dania Beach. Commissioner Castro thought a small downtown theater would be a good idea. 11.2 Commissioner Duke Commissioner Duke noted that Key West and Marco Island have a program that uses abandoned septic tanks as a catch basin for rainwater to be used for irrigation. He requested feedback from the Commission. It was the consensus of the Commission to have staff look into this matter. 11.3 Commissioner McElyea Commissioner McElyea noted he received complaints about poor maintenance at the cemetery. 11.4 Vice-Mayor Grace Vice-Mayor Grace requested support for both organizations for the "Back to School" giveaways. Vice-Mayor Grace disagreed with Chief Peterson and remarked there should be no drinking of alcoholic beverages in the parks. She wants BSO to do their job to prohibit drugs and drinking in all of our parks. Vice-Mayor Grace noted she participated in the Neighborhood Conference held at the Hyatt Hotel last week. She remarked it was very well attended and they had a great program. Vice-Mayor Grace noted that the sign co-designating SW 23`d Terrace to Barker Lane is now installed. She asked City Manager Baldwin to plan a ceremony for the co-designation and notify the 18 property owners in that area of the arrangements. 11.5 Mayor Flury Mayor Flury noted she does not want anyone to misunderstand Chief Peterson's comments tonight with regards to the use of alcoholic beverages in the parks. She clarified that he was sending out a plea to ask people having family reunions in the parks to not drink in the parks. 12. Appointments There were no appointments at this meeting. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,July 12,2011 —7:00 p.m. 13. Administrative Reports 13.1 City Manager City Manager Baldwin noted that the Pier staffing is ready to go; we signed a contract with a private agency to hire back the employees. City Manager Baldwin requested two abatement requests be included on the next Commission agenda. It was the consensus of the Commission to add the abatement requests to the August 9 City Commission meeting agenda. 13.2 City Attorney City Attorney Ansbro reported there has been a significant interest in the Pier restaurant. He noted that we may need a professional to help promote the facility. Commissioner Duke said it would be prudent to find someone experienced in the restaurant business to assist with the development of the RFP, and to be available to answer questions. City Attorney Ansbro noted that a lot of billboard companies have shown interest in meeting with the Commission to discuss the possible change from static signs to digital. He indicated that he will set up individual meetings with the Commissioners regarding this matter. Commissioner Castro questioned what the Commission was going to do with the Pier and the restaurant. She remarked these are two separate issues. Commissioner Castro recommended staff not develop an RFP at this time because we have not yet determined what direction this will take. Commissioner Duke thought we should keep the Pier operating temporarily as planned. Once the restaurant situation has been resolved, we will decide what we want to do with the Pier. Mayor Flury noted we should have a workshop after the summer recess and decide what to do, with or without a consultant. Commissioner Castro noted she will not be packaging the Pier and the restaurant again. Commissioner McElyea noted that we should keep the Pier separate. He agreed to hold a workshop with the Commission. Vice-Mayor Grace noted she would like to have a workshop with the consultant and the Commission. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,July 12,2011 —7:00 p.m. I The Commission agreed to hold a workshop with an independent consultant to discuss the Pier and restaurant. The City Manager will look for a consultant. 13.3 City Clerk - Reminders Thursday, July 14, 2011 —6:00 p.m. Special Budget Meeting Tuesday, August 9, 2011 —7:00 p.m. City Commission Meeting Tuesday, August 23, 2011 —7:00 p.m. City Commission Meeting 14. Adjournment Mayor Flury adjourned the meeting at 8:39 p.m. ATTEST: CITY OF DANIA BEACH i' LOUISE STILSON, CMC O��RDIs F��? PATRICIA A. FLURY CITY CLERK MAYOR Approved: August 9, 2011 1 """vRATEO 19� Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,July 12,2011 —7:00 p.m. REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk,before the meeting begins. DATE OF COMMISSION MEETING: —�u/ l� ,201 ( PRINT NAME: �b6�>, <�•` �,/' 1� ADDRESS: � PHONE NO. (optional): o� 4, l��(<o PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) -- CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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 7:30 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. PLEASE BRIEFLY DE CRIBE THE SUBJECT MATTER OF YOUR COMMENT: f V?wj;e3 JA &VIA Ca M T-A1nl r, 2) 1- PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93.REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. GAAgenda\PUBLIC SPEAKING FORM.doc REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk, before the meeting egins. DATE OF COMMISSION MEETING: Z ,20 PRINT NAME: er ADDRESS: I l I t' rn kd PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) -- CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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 mattersn t ' g ag p p o scheduled on that day s agenda. The citizen comments'period shall begin promptly at 7:30 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. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: 2) PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93.REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:Wgenda\PUBLIC SPEAKING FORM.doc I REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk,before the meeting beg DATE OF COMMISSIONins.MEETING: X2— 20 l PRINT NAME: &57zo� �z ADDRESS: a D � ST/%� Nlt �e PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) --- CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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 7:30 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. PLEASE BRIEFLY DESCRI1I13 /E THE SUBJECT MATTER OF YOUR COMMENT: A—/-T 4V" J r-; 2) - PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESBNTATIVE.OR ATTORNEY WHICH RELATE TO THE ITEM. 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93.REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:\AgendaTUBLIC SPEAKING FORM.doc REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk, before the meeting begins. MI DATE OF COMSSION MEETING: l ` ( 20 PRINT NAME: C, ADDRESS: PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) -"� CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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 7:30 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. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: A �s -. -17-71 2) PUBLIC HEARINGS-ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93, REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:Wgenda\PUBLIC SPEAKING FORM doc NOTICE OF HEARING BEFORE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCE: NOTICE IS GIVEN that on July 12, 2011 at 7.00 p.m. or as soon thereafter as the matter may be heard, the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to consider the proposed adoption of the following ordinance: ORDINANCE NO. 2011-020 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 6-15, ENTITLED "SURFING RESTRICTED TO SPECIFIED AREA, TIME", OF ARTICLE 1, ENTITLED "IN GENERAL", OF THE CODE OF ORDINANCES, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed ordinance is on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business hours. Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Any person who decides to appeal any decision made with respect to any matter considered at this 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. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-6800 Ext. 3624 at least 48 hours prior to the meeting. /s/ Louise Stilson City Clerk Run in Sun Sentinel: Friday, July 1, 2011