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Home My WebLink About2013-02-26 City Commission Meeting AgendaAGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, FEBRUARY 26, 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. Recognition of Code Compliance Division - Mayor Duke 4. PROCLAMATIONS 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. 6. PUBLIC SAFETY REPORTS 7. CONSENT AGENDA 1. Minutes: Approve Minutes of February 12, 2013 Attorney/Client Session Approve Minutes of February 12, 2013 City Commission Meeting Agenda – Dania Beach City Commission Tuesday, February 26, 2013 – 7:00 p.m. Page 2 of 6 2. Travel Requests: None 3. RESOLUTION NO. 2013-018 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR AN AMENDMENT TO INCREASE THE FISCAL YEAR 2012-2013 GENERAL FUND LEGAL DEPARTMENT BUDGET BY $35,000.00 TO PROVIDE FUNDING FOR LEGAL REPRESENTATION OF THE CITY'S INTERESTS IN THE BROWARD COUNTY EMINENT DOMAIN CASE KNOWN AS BROWARD COUNTY VS. FT. LAUDERDALE OWNER, LLC, ET AL.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 4. RESOLUTION NO. 2013-019 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CREATING AN EDUCATIONAL ADVISORY BOARD; PROVIDING FOR THE APPOINTMENT, TERMS, DUTIES, AND RESPONSIBILITIES OF ITS MEMBERS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 5. RESOLUTION NO. 2013-024 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING ADVANCE APPROVAL FROM THE CITY COMMISSION OF THE CITY OF DANIA BEACH FOR BID ADVERTISEMENT FOR NEIGHBORHOOD IMPROVEMENT PROJECT KNOWN AS "OASIS II" WHERE BIDDING IS EXPECTED TO BE SOUGHT BY THE PUBLIC SERVICES DEPARTMENT; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 6. RESOLUTION NO. 2013-025 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE FLORIDA DEPARTMENT OF EDUCATION KNOWN AS THE 21ST CENTURY COMMUNITY LEARNING CENTERS ("21ST CCLC") IN THE AMOUNT OF $265,085.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, FLORIDA, IN AN AMOUNT NOT TO EXCEED $26,508.00 TO ADMINISTER THE TIME-4-KIDS PROGRAM FOR THE 2012-2013 SCHOOL YEAR, INCLUDING THE 2012/2013 SUMMER PROGRAMS; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; Agenda – Dania Beach City Commission Tuesday, February 26, 2013 – 7:00 p.m. Page 3 of 6 PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7. RESOLUTION NO. 2013-026 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE 38TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND BROWARD COUNTY IN THE AMOUNT OF $199,792.00 TO PROVIDE NEIGHBORHOOD IMPROVEMENT PROJECT FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. RESOLUTION NO. 2013-027 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO PURCHASE ONE (1) HIGH SIDE DUMP STREET SWEEPER FOR USE BY THE PUBLIC SERVICES DEPARTMENT STORM WATER DIVISION WITH STORM WATER FUNDS FOR AN AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTEEN THOUSAND NINE HUNDRED SIX DOLLARS ($217,906.00) FROM CONTAINER SYSTEMS & EQUIPMENT COMPANY INC., USING PRICING AVAILABLE UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT NO. 12-10-0905 (2012-2013); PROVIDING FOR SURPLUS AND DISPOSAL OF ONE (1) EXISTING CITY STREET SWEEPER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTION NO. 2013-028 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO PURCHASE BULK HIGH-CALCIUM QUICKLIME DURING THE FISCAL YEAR 2012-2013 FROM LHOIST NORTH AMERICA OF ALABAMA FOR THE WATER PLANT IN AN AMOUNT NOT TO EXCEED $108,000.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. RESOLUTION NO. 2013-029 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT RELATING TO OPTIONAL COUNTY SERVICES FOR "KEEP BROWARD BEAUTIFUL" HOUSEHOLD HAZARDOUS WASTE AND BULK TRASH AND YARD WASTE DROP-OFF PROGRAMS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Agenda – Dania Beach City Commission Tuesday, February 26, 2013 – 7:00 p.m. Page 4 of 6 11. RESOLUTION NO. 2013-030 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING AND RATIFYING THE EXPENDITURE OF $90,473.01 OF AVAILABLE APPROPRIATED FUNDS TO PURCHASE BUILDER'S RISK INSURANCE FOR THE MARINA IMPROVEMENT PROJECT CONSTRUCTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. BIDS AND REQUESTS FOR PROPOSALS 1. RESOLUTION NO. 2013-022 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING A RANKING OF BIDS AND AWARDING A BID TO SIMPSON ENVIRONMENTAL SERVICES, INC. IN THE AMOUNT OF $385,000.00 FOR THE LIME SOFTENING PLANT REHABILITATION - LEAD PAINT ABATEMENT PROJECT; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH SIMPSON ENVIRONMENTAL SERVICES, INC., IN AN AMOUNT NOT TO EXCEED $385,000.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 2. RESOLUTION NO. 2013-023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $2,400,000.00 TAXABLE MARINA REVENUE BONDS OF THE CITY OF DANIA BEACH, FLORIDA FOR THE PURPOSE OF REHABILITATING THE DANIA BEACH MUNICIPAL MARINA; APPROVING SUNTRUST BANK AS THE MOST RESPONSIVE AND RESPONSIBLE RESPONDER TO THE CITY'S REQUEST FOR PROPOSALS FOR FINANCING OF THE PROJECT; AUTHORIZING THE CITY MANAGER AND OTHER OFFICERS TO TAKE ALL NECESSARY STEPS TO PREPARE AND EXECUTE FINAL BOND AND LOAN DOCUMENTS; PROVIDING FOR CREATION AND FUNDING APPROPRIATION OF A MARINA ENTERPRISE FUND; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9. PUBLIC HEARINGS 1. 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 Agenda – Dania Beach City Commission Tuesday, February 26, 2013 – 7:00 p.m. Page 5 of 6 PROVIDING FOR SUPPLEMENTAL USE REGULATIONS; AMENDING ARTICLE 115 "INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS OF USE" TO AMEND CONDITIONS OF USE; AMENDING ARTICLE 315 "HOTEL OVERLAY DISTRICT" CONCERNING REQUIREMENTS FOR INCLUSION OF PROPERTIES WITHIN THE HOTEL OVERLAY ZONING DISTRICT; 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. (SECOND READING) 2. RESOLUTION NO. 2013-020 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR A SPECIAL EXCEPTION (SE-42-12) AND VARIANCES (VA-53-12; VA-54-12) SUBMITTED BY BROWARD COUNTY WATER AND WASTEWATER SERVICES, FROM THE DANIA BEACH LAND DEVELOPMENT CODE, SECTION 835, "TELECOMMUNICATION TOWERS AND ANTENNAS" FOR PROPERTY LOCATED AT 4890 SW 40TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 3. RESOLUTION NO. 2013-021 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY SAM JAZAYRI, PRESIDENT OF 36TH STREET ACQUISITION, INC., FOR A THIRD EXTENSION TO THE SITE PLAN APPROVAL SP-64-07, APPROVED BY RESOLUTION NO. 2008-002 AND SPECIAL EXCEPTION REQUEST SE-73-07 APPROVED BY RESOLUTION NO. 2008-001 ON JANUARY 8, 2008, FOR PROPERTY LOCATED AT 2650 COLLINS ROAD (GENERALLY LOCATED ON THE SOUTH SIDE OF COLLINS ROAD, WEST OF THE FORT LAUDERDALE HOLLYWOOD INTERNATIONAL AIRPORT), IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Agenda – Dania Beach City Commission Tuesday, February 26, 2013 – 7:00 p.m. Page 6 of 6 10. DISCUSSION AND POSSIBLE ACTION 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 Mayor Duke - 1 appointment 2. Marine Advisory Board Mayor Duke - 1 appointment 3. Nuisance Abatement Board Mayor Duke - 1 appointment 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk - Reminders Tuesday, March 5, 2013 - 5:00 p.m. City Commission Workshop - Goals and Objectives Wednesday, March 6, 2013 - 6:00 p.m. CRA Board Meeting Tuesday, March 12, 2013 - 7:00 p.m. City Commission Meeting Thursday, March 21, 2013 - 6:00 p.m. Abatement Hearing Tuesday, March 26, 2013 - 7:00 p.m. City Commission Meeting 14. ADJOURNMENT