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Home My WebLink About2013-01-08 City Commission Meeting AgendaAGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, JANUARY 08, 2013 - 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 IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, OR ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019) 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) 924-6800 EXTENSION 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/ROLL CALL 2. INVOCATION AND PLEDGE OF ALLEGIANCE 3. PRESENTATIONS AND SPECIAL EVENT APPROVALS 1. Dania Beach Improvement Committee request to rename entryway to City Hall as "Mac Way" - Tim Ryan 2. Special Event request from the Martin Luther King Committee for the annual "Martin Luther King Parade and Banquet" to be held on Monday, January 21, 2013 from 7:30 a.m. to 5:00 p.m. The parade will start at C.W. Thomas Park and will end at Trinity Missionary Baptist Church. The applicant is requesting road closures for Federal Highway, Stirling Road and Phippen Road, as well as BSO Police escort detail. 4. PROCLAMATIONS 1. Human Trafficking Awareness Day - requested by Broward League of Cities President, Commissioner Bobby DuBose 5. 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. Agenda – Dania Beach City Commission Tuesday, January 8, 2013 – 7:00 p.m. Page 2 of 6 6. PUBLIC SAFETY REPORTS 7. CONSENT AGENDA 1. Minutes: Approve minutes of December 11, 2012 City Commission Meeting 2. Travel Requests: None 3. RESOLUTION NO. 2013-001 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY FINANCE DEPARTMENT TO WRITE-OFF AND PERMANENTLY DELETE FROM THE CITY'S ACCOUNTS RECEIVABLES RECORDS, THE BALANCE OF $125,000.00 DUE FROM A TO X VIDEO, AS A RESULT OF A LITIGATION AND CODE SETTLEMENT AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 4. RESOLUTION NO. 2013-002 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE RE-DESIGNATION OF STATE ROAD A1A IN BROWARD COUNTY AS A FLORIDA SCENIC HIGHWAY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 5. RESOLUTION NO. 2013-003 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO AN AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND THE SCHOOL BOARD OF BROWARD COUNTY RELATING TO THE RECIPROCAL USE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 6. RESOLUTION NO. 2013-004 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT FOR AN AMENDMENT OF A NOTATION ON A PLAT, FOR THE HARBOUR TOWNE MARINA PLAT (PLAT 056-MP-82); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Agenda – Dania Beach City Commission Tuesday, January 8, 2013 – 7:00 p.m. Page 3 of 6 7. RESOLUTION NO. 2013-005 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT FOR POLICE SERVICES EXISTING BETWEEN THE CITY OF DANIA BEACH AND THE BROWARD SHERIFF'S OFFICE, RELATING TO THE ADDITION OF A PARK RANGER IN AN ANNUAL AMOUNT NOT TO EXCEED $76,273.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. RESOLUTION NO. 2013-006 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR APPROPRIATION OF FUNDS FOR FISCAL YEAR 2012-2013; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTION NO. 2013-007 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING TRANSFER OF AVAILABLE FUNDING AND ADVANCE APPROVAL FROM THE CITY COMMISSION OF THE CITY OF DANIA BEACH FOR ADVERTISEMENT FOR NEIGHBORHOOD IMPROVEMENT PROJECTS KNOWN AS OASIS III AND IV, WHERE BIDDING IS EXPECTED TO BE SOUGHT BY THE PUBLIC SERVICES DEPARTMENT; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. RESOLUTION NO. 2012-170 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE CHANGE ORDER NUMBER 3, AND TO PROVIDE ADDITIONAL FUNDING FOR CAPITAL PROJECT SERVICES TO CENTURY BUILDING RESTORATION USA INC. FOR THE I.T. PARKER DOCK REPLACEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $7,607.64; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from December 11, 2012) 11. RESOLUTION NO. 2012-102 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AND ACCEPT AN AMENDED EASEMENT FROM MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION, INC., A FLORIDA CORPORATION, AND MEADOWBROOK LAKES VIEW CONDOMINIUM ASSOCIATION "A", INC., A Agenda – Dania Beach City Commission Tuesday, January 8, 2013 – 7:00 p.m. Page 4 of 6 FLORIDA CORPORATION, (EACH INDIVIDUALLY AND COLLECTIVELY, THE "GRANTOR"), FOR PURPOSES OF DRAINAGE, WATERMAIN, STORMWATER AND OTHER SIMILAR FUNCTIONS, FOR THE BENEFIT OF THE GRANTOR AND THE REAL PROPERTY DESCRIBED ON THE ATTACHED EXHIBIT "A"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from November 27, 2012) 12. RESOLUTION NO. 2013-008 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ADDITIONAL ENGINEERING SERVICES FROM CALVIN, GIORDANO AND ASSOCIATES, INC. RELATING TO EXPANSION OF THE SOUTHEAST STORMWATER IMPROVEMENT PHASE I PROJECT FOR REDESIGN AND CONSTRUCTION OVERSIGHT IN AN AMOUNT NOT TO EXCEED NINETY-SIX THOUSAND FOUR HUNDRED AND TWENTY DOLLARS ($96,420.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS 1. ORDINANCE NO. 2012-022 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY BATIA DAYAN ON BEHALF OF 4760 LLC, FOR A REZONING AND FLEX ALLOCATION FOR PROPERTY LOCATED AT 4760 SW 42 TERRACE IN THE CITY OF DANIA BEACH, FLORIDA, FOR PROPERTY LEGALLY DESCRIBED IN EXHIBIT "A"; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RESIDENTIAL (RS-6000) TO COMMERCIAL (C-2) AND ASSIGNING A COMMERCIAL LAND USE DESIGNATION, SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 2. ORDINANCE NO. 2013-001 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY 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" TO AMEND CONDITIONS OF Agenda – Dania Beach City Commission Tuesday, January 8, 2013 – 7:00 p.m. Page 5 of 6 USE; AMENDING ARTICLE 220 "SUPPLEMENTAL BUILDING AND STRUCTURE HEIGHT REGULATIONS (INCLUDING LOWEST FINISHED FLOOR); ROOFTOP REGULATIONS" CONCERNING AIRSPACE RESTRICTIONS ON ALLOWABLE HEIGHT FOR STRUCTURES NEAR FORT LAUDERDALE- HOLLYWOOD INTERNATIONAL AIRPORT; AMENDING ARTICLE 315 "HOTEL OVERLAY DISTRICT" CONCERNING REQUIREMENTS FOR INCLUSION OF PROPERTIES WITHIN THE HOTEL OVERLAY ZONING DISTRICT; AMENDING ARTICLE 620 "ADMINISTRATIVE VARIANCES" CONCERNING REQUIREMENTS RELATED TO ADMINISTRATIVE VARIANCE APPROVAL; AMENDING ARTICLE 625 "VARIANCES" CONCERNING REQUIREMENTS RELATED TO VARIANCE APPROVAL; AMENDING ARTICLE 630 "SPECIAL EXCEPTION USES" CONCERNING REQUIREMENTS RELATED TO SPECIAL EXCEPTION APPROVAL; AMENDING ARTICLE 635 "SITE PLANS" CONCERNING REQUIREMENTS RELATED TO SITE PLAN APPROVAL AND COMPLIANCE WITH APPROVED SITE PLAN REQUIREMENTS; AMENDING ARTICLE 675 "TEMPORARY USE AND SPECIAL EVENT PERMITS" REGARDING REQUIREMENTS FOR TEMPORARY USES AND SPECIAL EVENTS; AMENDING ARTICLE 710 "NONCONFORMING USES, STRUCTURES AND LOTS" CONCERNING ALLOWABLE IMPROVEMENTS TO NONCONFORMING STRUCTURES; 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) 10. DISCUSSION AND POSSIBLE ACTION 1. Appoint Vice-Mayor Al Jones as Airport "point" person - Commissioner Flury 2. Coastal Erosion - Mayor Duke 11. COMMISSION COMMENTS 11.1 Commissioner Brandimarte 11.2 Commissioner Flury 11.3 Commissioner Grace 11.4 Vice-Mayor Jones 11.5 Mayor Duke 12. APPOINTMENTS 1. Airport Advisory Board Commissioner Grace - 1 appointment Vice-Mayor Jones - 1 appointment Mayor Duke - 2 appointments Agenda – Dania Beach City Commission Tuesday, January 8, 2013 – 7:00 p.m. Page 6 of 6 2. Grant Advisory Board Mayor Duke - 1 appointment 3. Green Advisory Board Vice-Mayor Jones - 1 appointment 4. Marine Advisory Board Commissioner Brandimarte - 1 appointment Commissioner Flury - 3 appointments Commissioner Grace - 1 appointment Vice-Mayor Jones - 1 appointment Mayor Duke - 3 appointments 5. Nuisance Abatement Board Mayor Duke - 1 appointment 6. Parks, Recreation and Community Affairs Advisory Board Vice-Mayor Jones - 1 appointment Mayor Duke - 2 appointments 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk - Reminders Thursday, January 17, 2013 - 6:00 p.m. Abatement Hearing Tuesday, January 22, 2013 - 7:00 p.m. City Commission Meeting Wednesday, February 6, 2013 - 6:00 p.m. CRA Board Meeting 14. ADJOURNMENT