HomeMy WebLinkAboutMinutes of Regular Meeting - August 9, 2011 MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, AUGUST 9, 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
Assistant City Manager: Colin Donnelly
City Attorney: Thomas Ansbro
City Clerk: Louise Stilson
Absent:
Commissioner: C. K. "Mac"McElyea
City Manager: Robert Baldwin
Commissioner Castro motioned to excuse the absence of Commissioner McElyea; seconded
by Vice-Mayor Grace. The motion carried unanimously.
2. Invocation and Pledge of Allegiance
Commissioner Castro gave the invocation followed by the Pledge of Allegiance to the United
States Flag.
Mayor Flury presented a Certificate of Completion to Commissioner Duke for attending the
2011 Institute for Elected Municipal Officials (IEMO) held on June 10-12, 2011 in Fort
Lauderdale.
3. Presentations and Special Event Approvals
3.1 Presentation—Chamber in Review—Greater Dania Beach Chamber of Commerce
Victoria Payne, Executive Director, Chamber of Commerce, 102 W Dania Beach Boulevard,
introduced the Chamber of Commerce Board of Directors. She presented an overview of the
presentation that was included in the agenda packet.
3.2 Abatement request for Freddy Barnett LLC (f.k.a. Anna L. Darling) for property
located at 703 SW 6ch Street, Case#07-1546 (Folio #1203-34-0790)
Tim Ryan, Special Counsel for Code Compliance, advised the property was obtained through
foreclosure, and the Special Magistrate recommended reducing the lien to $10,000.00.
Commissioner Castro motioned to abate the lien to $7,500.00, to be paid in 60 days;
seconded by Commissioner Duke. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
3.3 Abatement request for Olympus Management for property located at 250 S. Federal
Highway, Case#09-0981 (Folio #1203-02-0100)
Attorney Ryan noted the recommendation of the Special Magistrate is for an abatement of
$7,500.00.
Commissioner Duke motioned to abate the lien to $7,500.00, to be paid in 60 days;
seconded by Vice-Mayor Grace. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
3.4 Special Event request from the Chamber of Commerce for Concert on the Green, to
be held the first Saturday of each month from October 1, 2011 —April 7, 2012
Commissioner Castro motioned to approve the Special Event request for the Chamber of
Commerce Concert on the Green; seconded by Vice-Mayor Grace. The motion carried on
the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
3.5 Special Event request from the Chamber of Commerce for "Under the Big Top"
Family Festival honoring Military Veterans on November 5, 2011, from 11:00 a.m. —
3:00 p.m., at the Dania Beach Design and Marine Center located at 1200 Stirling
Road
Commissioner Castro motioned to approve the Special Event request for the Chamber of
Commerce "Under the Big Top" Family Festival, subject to FDOT approval for the lane
closure on Stirling Road; seconded by Commissioner Duke. The motion carried on the
following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
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Tuesday,August 9,2011—7:00 p.m.
3.6 Special Event request from Bass Pro Shops for a Fall Hunting Classic, to be held
Saturday& Sunday, August 13-14, 2011, from 10:00 a.m. —4:00 p.m.
Commissioner Castro motioned to approve the Special Event request for Bass Pro Shops
Fall Hunting Classic; seconded by Vice-Mayor Grace. The motion carried on the following
4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
4. Proclamations
There were no proclamations at this meeting.
5. Citizen Comments
Anne Page, 38 SW 5th Street, spoke of the historical designation of her house, and noted that her
neighborhood is the oldest in Broward County. She said she had presented a petition to former
City Manager Pato requesting a street closure for SW 5th Street beginning at Kentucky Fried
Chicken on Federal Highway. Ms. Page requested that the Commission consider the street
closure, and also consider appointing a committee to investigate the historical significance of the
8 houses on her street.
Mayor Flury suggested Ms Page contact Assistant City Manager Donnelly, and requested that
staff look for the petition. She noted that a new petition may need to be circulated to the
residents due to the length of time since the first submittal.
Al Jones, 722 SW 3Td Street, invited everyone to attend St. Ruth Missionary Baptist Church's
103id anniversary celebration on August 14-28, 2011. Mr. Jones commented to the Chamber of
Commerce that we need to incorporate our schools and children into the Chamber.
6. Public Safety Reports
Charles Raiken, BSO Deputy Fire Chief of Administration, noted that they were prepared for the
possibility of Tropical Storm Emily developing into a major storm. He confirmed that BSO will
now receive all incoming calls during an emergency.
Commander Michael Grimm, Broward Sheriff's Office, noted property crimes have spiked in the
last 30-60 days, with daytime burglaries that are targeting jewelry, due to the high price of gold.
He encouraged the residents to call BSO if they see unfamiliar people in their neighborhoods.
Commander Grimm noted there were 2 burglary arrests made this morning, and indicated that
criminals are coming from out of the area. Lastly, Commander Grimm noted that underage
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Tuesday,August 9,2011 —7:00 p.m.
alcohol sales are continuing in the city, therefore, BSO will begin working with Florida
Department of Alcohol and Tobacco.
Mayor Flury commented that we should revoke the license of the businesses that sell alcoholic
beverages to underage individuals.
7. Consent Agenda
Items added to Consent Agenda: #7.12
Items removed from Consent Agenda: #7.5, #7.8
7.1 Minutes:
Approve Minutes of July 12,2011 City Commission Meeting
Approve Minutes of July 14,2011 Special Budget Meeting
7.2 Travel Requests: None
Resolutions
7.3 RESOLUTION#2011-079
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH ASHBRITT, INC.,
A FLORIDA CORPORATION, FOR DISASTER RECOVERY SERVICES, WITHOUT COMPETITIVE
BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
7.4 RESOLUTION#2011-080
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA
AUTHORIZING APPROPRIATION OF WATER FUND RESOURCES FOR CONSTRUCTION OF A MARINA
WATER MAIN EXTENSION PROJECT IN AN AMOUNT NOT TO EXCEED $15,000.00; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.6 RESOLUTION#2011-082
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN AGREEMENT RELATING TO THE STATE
REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION
FOR $840,000.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH CONSTRUCTION OF
INFILTRATION AND INFLOW IMPROVEMENTS; ESTABLISHING PLEDGED REVENUES;
DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR
CONFLICTS, SEVERABILITY,AND AN EFFECTIVE DATE.
7.7 RESOLUTION#2011-083
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
THE STORMWATER APPROVED BUDGET FOR CAPITAL PROJECTS, APPROVING AN AMENDED
BUDGET FOR THE COMPLETE SOUTHEAST STORMWATER IMPROVEMENT PROJECT, AND
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APPROVING SUBMISSION OF A STATE REVOLVING FUND LOAN APPLICATION FOR THE
SOUTHEAST PROJECT IN AN AMOUNT NOT TO EXCEED $7,376,382.00 FOR THE COMPLETION OF
THE SOUTHEAST STORMWATER DRAINAGE IMPROVEMENTS; MAKING FINDINGS; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES;
DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.9 RESOLUTION#2011-085
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT EXTENSION OFFERED
BY STAFFING CONNECTION/ACTION LABOR MANAGEMENT, LLC, FOR AN AMOUNT NOT TO
EXCEED $78,000.00 PER YEAR TO PROVIDE SCHOOL CROSSING GUARD STAFFING SERVICES;
WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.10 RESOLUTION#2011-086
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT AMONG
THE CITY OF DANIA BEACH, FLORIDA, BROWARD SHERIFF'S OFFICE AND BROWARD COUNTY,
FLORIDA, RELATING TO THE DELIVERY OF FIRE PROTECTION SERVICES WITHIN THE FORT
LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Ordinances (Titles read by City Attorney)
7.11 ORDINANCE#2011-028
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 18-40,
"DEFINITIONS" AND SECTION 18-46 "ADMINISTRATION" OF CHAPTER 18, "PENSIONS AND
RETIREMENT"OF THE CITY CODE OF ORDINANCES RELATING TO THE POLICE AND FIREFIGHTERS
RETIREMENT SYSTEM TO PROVIDE FOR THE IMPACT OF BECOMING A CLOSED PLAN FOR
FIREFIGHTER PARTICIPANTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
ADDENDUM
7.12 RESOLUTION#2011-087
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A REVOCABLE LICENSE AGREEMENT
WITH B-CYCLE, LLC, PERTAINING TO TWO (2) B-CYCLE STATIONS TO BE LOCATED IN THE CITY
OF DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
Vice-Mayor Grace motioned to adopt the Consent Agenda, with the addition of Item#7.12,
and the exception of Items #7.5 and #7.8; seconded by Commissioner Castro. The motion
carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
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7.5 RESOLUTION#2011-081
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING CREATION OF A BEACH PIER ENTERPRISE FUND; LOAN OF INITIAL OPERATING
CAPITAL FUNDS FROM THE GENERAL FUND, AND APPROVAL OF PIER ENTERPRISE BUDGET
APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEM 3ER 30 2011• PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2011-081.
Commissioner Castro noted this is the beginning of developing an Enterprise Fund for the beach
operations. She said the pier is a valuable asset for the City, and we need to maintain control of
it.
Commissioner Castro motioned to adopt Resolution #2011-081; seconded by Vice-Mayor
Grace.
Commissioner Duke concurred the Beach Enterprise Zone is a great idea. He requested the
Assistant City Manager meet with the Finance Director to discuss the matter, which would
include the total beach, parking,pier, restaurant, and marina.
The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
7.8 RESOLUTION#2011-084
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA
AUTHORIZING THE APPROPRIATION OF FUNDS IN CONNECTION WITH THE MELALEUCA GARDENS
WALL PROJECT IN AN AMOUNT NOT TO EXCEED $50,000.00; PROVIDING FOR CONFLICTS;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2011-084.
Commissioner Castro commented that the cost is elusive, and the residents are questioning the
color of the wall and plantings. She requested tabling the item until the next meeting so that staff
can provide more information to the residents.
Commissioner Duke questioned if it would be more cost effective to bid the project as opposed
to staff doing the work.
Bob Daniels, Director of Community Development, noted we are trying to determine who owns
the wall; it is on County Right-of-Way.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday,August 9,2011—7:00 p.m.
Commissioner Castro motioned to continue Resolution #2011-084 until the August 23, 2011
City Commission meeting at 7:00 p.m.; seconded by Commissioner Duke. The motion
carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
8. Bids and Requests for Proposals
There were no proposals on this agenda.
9. Public Hearinggs and Site Plans
9.1 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
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. (SECOND READING)
City Attorney Ansbro read the title of Ordinance#2011-024.
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Corinne Lajoie, AICP, Principal City Planner, provided an overview of the Zoning Text
Amendments to the One Code. She noted the ordinance clarifies sections of the Code that are
unclear; adds definitions; reinstates a zoning designation that was omitted; clarifies processes;
and corrects Scrivener's errors.
Commissioner Duke commended staff for this amendment.
Mayor Flury opened the Public Hearing.
Craig Urbine, 1211 Stirling Road, commented that Community Development responded
immediately to the stakeholders after the last Commission meeting. He thanked them for their
response to the business community.
Bob Adams, 330 SE P Terrace, questioned daycare in residential neighborhoods. He noted
approximately 15 years ago, an ordinance was adopted that home businesses could not generate
additional traffic. He wondered how this could be accomplished.
Ms. Church noted that home daycare is limited to 5 children.
Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public
Hearing.
Vice-Mayor Grace motioned to adopt Ordinance #2011-024, on second reading; seconded
by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
9.2 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. (SECOND READING)
City Y Attorne Ansbro read the title of Ordinance#2011-025.
Corinne Lajoie, Principal City Planner, provided an overview of the request. She noted half of
the property is zoned Single Family Residential and the other half is zoned IROM-AA. Ms.
Church advised the zoning must be compatible before development can occur. She said this
change would make the property consistent with uses allowed in the Interlocal Agreement
g p p Y �'
between the City and Broward County for the Ft. Lauderdale-Hollywood International Airport.
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I
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 #2011-025, on second reading;
seconded by Vice-Mayor Grace. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
9.3 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. (SECOND READING)
City Attorney Ansbro read the title of Ordinance #2011-026. He noted that some adjustments
were made to the ordinance at the request of the City Manager's office.
Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, she closed the Public Hearing.
Commissioner Duke motioned to adopt Ordinance #2011-026, on second reading, with
changes recommended by the City Attorney; seconded by Commissioner Castro. The
motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
9.4 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. (SECOND READING)
City Attorney Ansbro read the title of Ordinance#2011-027.
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 #2011-027, on second reading;
seconded by Vice-Mayor Grace. The motion carried on the following 4-0 Roll Call vote:
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Dania Beach City Commission
Tuesday,August 9,2011—7:00 p.m.
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
9.5 RESOLUTION#2011-076
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE REQUEST MADE BY TAMARA PEACOCK, CONSULTANT REPRESENTING ANGELA M. KELSEY
OF PORT 5 LTD.,FOR AN EXTENSION OF THE SITE PLAN(SP-03-01)GRANTED BY RESOLUTION NO.
2001-061, AND VARIANCE (VA-18-01) GRANTED BY RESOLUTION NO. 2001-060, FOR PROPERTY
LOCATED AT 2150 NW 7' AVENUE (SOUTH OF HERTZ RENTAL CAR AND EAST OF THE FT
LAUDERDALE INTERNATIONAL AIRPORT) IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING
FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2011-076.
Commissioner Duke noted he spoke to Mr. Kelsey.
Corinne Lajoie, Principal City Planner, provided an overview of the request. She said Broward
County began monitoring the site and requested additional environmental information, which
caused a delay in construction. The applicant is requesting an extension in order to apply for
new permits and financing for the property.
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 Resolution #2011-076; seconded by Commissioner
Duke. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
City Attorney Ansbro advised the remaining items were quasi-judicial hearings and swore-in
those who would speak. He asked the Commission to disclose any communication they had on
these matters.
9.6 RESOLUTION#2011-077
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA, APPROVING
THE REQUEST SUBMITTED BY LAZARO MONTEAGUDO ON BEHALF OF HH OAKS LLC, FOR
PROPERTY LOCATED AT 2828 HIDDEN HARBOUR COURT IN DANIA BEACH (REQUEST IS FOR A
MODIFICATION TO SITE PLAN(SP-05-03)APPROVED BY RESOLUTION 2003-046 ON MARCH 25, 2003,
AS PER CONDITION"C411);PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE
DATE.
City Attorney Ansbro read the title of Resolution#2011-077.
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Dania Beach City Commission
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Kristin Dion, City Planner, noted the request is for an individual pool and patio in the rear yard
of a unit on the approved site plan. She said Commission approval is required according to the
governing ordinance.
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 Resolution #2011-077; seconded by Commissioner
Castro. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
9.7 RESOLUTION#2011-078
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE REQUEST SUBMITTED BY JOHN BARTLEY, REPRESENTING THE PROPERTY OWNER, DAN'S
DEALS ON WHEELS AUTO TRANSPORT AND SALE, LLC, FOR A SPECIAL EXCEPTION USE TO
ALLOW OUTDOOR VEHICLE STORAGE ON PROPERTY LOCATED AT 4601 SW 44TH AVENUE IN
DANIA BEACH, FLORIDA, LOCATED IN AN INDUSTRIAL GENERAL ("I-G") ZONING DISTRICT;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2011-078.
Kristin Dion, City Planner, advised the request is for overnight parking for passenger vehicles
and tractor trailers. A text amendment was approved by the City Commission on January 11,
2011 to allow interim overnight parking as a special exception use. Ms. Dion noted that staff
recommends approval, provided a five foot landscape buffer is permitted and installed, with a
sunset period of 5 years due to the recommendations within the West Side Master Plan for
marine uses in this area.
Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, she closed the Public Hearing.
Commissioner Duke motioned to adopt Resolution #2011-078, subject to all conditions;
seconded by Vice-Mayor Grace. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
10. Discussion and Possible Action
There were no discussion items on this agenda.
11. Commission Comments
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11.1 Commissioner Castro
Commissioner Castro commented on the following items:
• Community Development & the CRA are working together to streamline the
permitting process
• Broward County East West Transportation meetings
• Redistricting Hearing on August 16, 2011
• She will be attending the Florida League of Cities Conference in Orlando on August
11-13, 2011
• The City is a finalist for the Community Spirit Award, which will be presented on
August 18, 2011 at the Broward League of Cities 2011 Cities of Excellence Awards
Presentation- Our submittal was for the Antique Motorcycle Show
• City Travel Policy— She commented that she is not billing the City for meals — The
City has a lot of rules, and we need to look at the IRS guidelines to see if we can
change our policy
• Griffin Road Corridor looks terrible; median needs to be cut, grass is overgrown, and
there is graffiti—She asked Representative Jenne for help with the FDOT property on
the corner of I-95 and Griffin Road—She requested staff look at the corridor to see if
we can clean it up
• FPL will redo the FPL plant at Port Everglades, however, they will not be burying the
overhead wires in Dania Beach
• Large Pipe at Trails End Park under US-1 - She requested staff call Broward County
tomorrow and find out they are doing
• Commissioner Castro commended Donna Kirby, in Community Development, as her
Employee of the meeting
11.2 Commissioner Duke
Commissioner Duke commented that on August 23rd, the Commission will be voting on Dania
Jai Alai. He said he would like to hear from citizens.
11.3 Commissioner McElyea
Commissioner McElyea was not present at this meeting.
11.4 Vice-Mayor Grace
Vice-Mayor Grace commented on the following items:
• Broward Alliance Workshop concerning new jobs will be held in October at the Hard
Rock Caf6—she encouraged the City Manager or Assistant City Manager to attend
• Vision Workshop for grants and initiatives at the Marriot Hotel on August 18 — she
provided information for the City Manager or Assistant City Manager to attend
• Delay on College Gardens and Dania Heights Projects
Minutes of Regular Meeting 12
Dania Beach City Commission
Tuesday,August 9,2011—7:00 p.m.
• Progress in the Park was delayed by 1 week due to inclement weather — someone
from staff needs to attend
• Mosquito Control is running 2-3 weeks behind
• She and several Community Organizations painted 2 Dismas Houses, which makes a
total of 10 houses this year
• New barbershop in Dania Beach will be trimming children's hair for free on August
20th at 790 NW 1st Street
• Long-term BSO employee(Skip Motes) is retiring as a Police Officer for the City
• Suggested that BSO network with Memphis, Tennessee on Smart Policing practices
• Her employee recognition is Lieutenant Brown and Chief Peterson
• She appreciates Commissioners Duke and Castro following through with our
Legislators on the grants for the bridge projects
11.5 Mayor Flury
Mayor Flury requested an update on the Ethics Policy at the next meeting.
12. Appointments
There were no appointments at this meeting.
13. Administrative Reports
13.1 City Manager
Assistant City Manager Donnelly asked the Commission if they would be available for a
Workshop on Wednesday, August 31, covering the FY 2011-2012 Budget and the Pier
Restaurant at 5:00 p.m.
Commissioner Duke noted a General Employees Pension Board meeting might be held that
afternoon.
Assistant City Manager Donnelly reported that Craven Thompson will present its plans for the
marina to the Marine Advisory Board on August 17, at 6:00 p.m. The final plans will be
presented to the City Commission in September.
Assistant City Manager Donnelly noted a Grant Advisory Board Workshop will be held on
Saturday, September 10, 2011.
13.2 City Attorney
City Attorney Ansbro requested an Attorney/Client Session, to discuss airport litigation, on
Tuesday, August 23, 2011 at 6:00 p.m.
Minutes of Regular Meeting 13
Dania Beach City Commission
Tuesday,August 9,2011—7:00 p.m.
13.3 City Clerk-Reminders
Tuesday, August 23,2011 —6:00 p.m. Attorney/Client Session
Tuesday, August 23,2011 —7:00 p.m. City Commission Meeting
Wednesday,August 31, 2011 —5:00 p.m. City Commission Workshop
Wednesday, September 7, 2011 —6:00 p.m. CRA Board Meeting
Tuesday, September 13, 2011 —7:00 p.m. City Commission Meeting
Wednesday, September 14, 2011 —7:00 p.m. First Public Hearing FY 11/12 Budget
Thursday, September 15, 2011 —6:00 p.m. Abatement Hearing
Monday, September 26, 2011 —7:00 p.m. Second Public Hearing FY 11/12 Budget
Tuesday, September 27, 2011 —7:00 p.m. City Commission Meeting
14. Adjournment
Mayor Flury adjourned the meeting at 8:50 p.m.
ATTEST: CITY OF DANIA BEACH
LOUISE STILSON, CMC PATRICIA A. FLIORY
CITY CLERK I FIRST car` MAYOR
m�
Approved: August 23, 2011
IN
Minutes of Regular Meeting 14
Dania Beach City Commission
Tuesday,August 9,2011—7:00 p.m.
REQUEST TO ADDRESS
litCITY 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 COMMIS SION MEETING: S.O ' 20
PRINT NAME:
ADDRESS: Aj
PHONE NO. (optional): 9116
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 BRIEFLYDESCRIBE THE SUBJECT MATTER OF YOUR OMMENT- l
C �jj z�4
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.
GAAgendaTUBLIC 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.
DATE OF COMMISSION MEETING: ,20
l �1
PRINT NAME:
ADDRESS: ?9 ), 's t
PHONE NO. (optional):
PLEASE CBEECK ONE OR BOTH OF THE BOXES BELOW:
1) r 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:
n.eD c,4�cam,,.
2) IJ 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:Agenda\PUBLIC SPEAKING FORM doc
NOTICE OF HEARING BEFORE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES:
NOTICE IS GIVEN that on August 9, 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 ordinances:
ORDINANCE NO. 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.
ORDINANCE NO. 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.
Copies of the proposed ordinances are 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
ordinances. 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 28, 2011