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Home My WebLink About2014-09-09 City Commission Meeting AgendaAGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, SEPTEMBER 9, 2014 - 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 1. Minister Annie Pearl Betterson, St. Ruth Missionary Baptist Church 3. PRESENTATIONS AND SPECIAL EVENT APPROVALS 1. Enlivening Dania Beach's Empty Storefronts Project - Deborah Wolford 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 Agenda – Dania Beach City Commission Tuesday, September 9, 2014 – 7:00 p.m. Page 2 of 8 7. CONSENT AGENDA 1. Minutes: Approve Minutes of August 26, 2014 City Commission Meeting 2. Travel Requests: None 3. RESOLUTION NO. 2014-066 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND APPROVING THE CITY MANAGER'S EMERGENCY APPROVAL TO PURCHASE SERVICES FROM SIMON ROOFING, INC., RELATING TO ROOFING REPAIRS NEEDED AT THE DANIA BEACH GRILL RESTAURANT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, IN AN AMOUNT NOT TO EXCEED FORTY-FIVE THOUSAND DOLLARS ($45,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from August 26, 2014) 4. RESOLUTION NO. 2014-074 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH WITT O'BRIEN'S, LLC, A DELAWARE CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA, FOR POST-DISASTER DEBRIS RECOVERY MONITORING SERVICES, UNDER THE TERMS, CONDITIONS AND PRICING OF THE CITY OF PARKLAND BID AWARD TO RFP NO. 2012-24A AND RESOLUTION NO. 2013-39, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 5. RESOLUTION NO. 2014-075 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR TRANSFERS AND APPROPRIATIONS OF FUNDS FROM COMPLETED CAPITAL PROJECTS ACCOUNTS WITHIN THE CAPITAL PROJECTS FUND, WATER FUND, AND SEWER FUND FOR FISCAL YEAR 2013- 2014; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 6. RESOLUTION NO. 2014-076 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RENEWAL OF THE COMPREHENSIVE Agenda – Dania Beach City Commission Tuesday, September 9, 2014 – 7:00 p.m. Page 3 of 8 PROPERTY/LIABILITY INSURANCE COVERAGE PACKAGE AND WORKERS' COMPENSATION INSURANCE FOR THE CITY OF DANIA BEACH, FLORIDA, THROUGH BROWN & BROWN D/B/A PUBLIC RISK INSURANCE AGENCY ("PRIA"), WITHOUT COMPETITIVE BIDDING AND WITHOUT THE ADVERTISEMENT FOR BIDS, SUCH PACKAGE TO INCLUDE COVERAGE FOR PROPERTY AND CASUALTY, CRIME, EMPLOYEE DISHONESTY, GENERAL LIABILITY, AUTOMOTIVE LIABILITY AND PHYSICAL DAMAGE, PUBLIC OFFICIALS' LIABILITY, EMPLOYMENT PRACTICES' LIABILITY AND WORKERS' COMPENSATION, FOR A COMBINED TOTAL AMOUNT OF $861,389.00 FOR COVERAGE BEGINNING OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2015; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7. RESOLUTION NO. 2014-077 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AND ACCEPT AGREEMENTS FOR CONTINUATION OF THE CITY'S FULLY INSURED HEALTH, DENTAL, VISION, AND LIFE INSURANCE COVERAGE PROCURED USING GEHRING GROUP AS BROKER OF RECORD FOR THE CITY OF DANIA BEACH WITH THE FLORIDA LEAGUE OF CITIES AND RELIANCE STANDARD LIFE INSURANCE COMPANY, FOR INSURANCE COVERAGES BEGINNING OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2015 FOR BOTH ACTIVELY WORKING AND RETIRED EMPLOYEES; FURTHER, AUTHORIZING SUCH CITY OFFICIALS TO EXECUTE AND ACCEPT AN AGREEMENT WITH MAXON ADMINISTRATORS TO ADMINISTER THE CITY'S SELF-INSURED SHORT TERM DISABILITY COVERAGE BEGINNING OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2015 FOR ALL ACTIVELY WORKING, ELIGIBLE EMPLOYEES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. RESOLUTION NO. 2014-078 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE PROPOSED "ALL ABOARD FLORIDA" PROJECT, RELATING TO THE CONSTRUCTION OF A 235 MILE INTERCITY PASSENGER RAIL SERVICE BEING DEVELOPED BY FLORIDA EAST COAST INDUSTRIES, LLC, THAT WILL ALLOW PASSENGER TRAIN TRAVEL BETWEEN DOWNTOWN MIAMI AND THE ORLANDO INTERNATIONAL AIRPORT; URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION AND OTHER REGULATORY AND FUNDING AGENCIES TO SUPPORT SUCH PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Agenda – Dania Beach City Commission Tuesday, September 9, 2014 – 7:00 p.m. Page 4 of 8 9. RESOLUTION NO. 2014-079 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING AND RATIFYING THE EXPENDITURE OF FUNDS FROM VARIOUS CITY DEPARTMENTS FOR WATER METERS AND WATER SUPPLY COMPONENTS TO BE PURCHASED FROM H.D. SUPPLY, INC. TO THE END OF FISCAL YEAR 2013/2014, INCLUSIVE OF EXISTING PURCHASES THAT MAY EXCEED AN ANNUAL VENDOR TOTAL OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), AND FURTHER PROVIDING THAT SUCH PURCHASES ARE TO BE MADE WITHIN THE RESPECTIVE DEPARTMENTS' APPROVED DEPARTMENT BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. RESOLUTION NO. 2014-080 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM ASPHALT PAVING SYSTEMS, INC. AND APPROVAL OF A "PIGGYBACK CONTRACT" RELATING TO MICROSURFACING AND ASPHALT REPAIR OF SELECTED LOCAL CITY STREETS, UNDER THE CITY OF LAKE WORTH, FLORIDA CONSTRUCTION CONTRACT FOR PAVEMENT, CONCRETE AND STRIPING (IFB# PS-ST-13-14-116) WITH ASPHALT PAVINGS SYSTEMS, INC. DATED JUNE 18, 2014, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, FOR SERVICES WHICH SHALL NOT EXCEED AN AMOUNT OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS 1. ORDINANCE NO. 2014-009 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY DENNIS D. MELE, ESQ., AGENT FOR THE PROPERTY OWNER FLORIDA SILICA SAND COMPANY, TO REZONE PROPERTY LOCATED AT 181 SOUTH BRYAN ROAD 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 INDUSTRIAL, RESEARCH, OFFICE ("IRO") TO GENERAL COMMERCIAL DISTRICT (C-3), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Agenda – Dania Beach City Commission Tuesday, September 9, 2014 – 7:00 p.m. Page 5 of 8 2. ORDINANCE NO. 2014-010 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY DENNIS D. MELE, ESQ., AGENT FOR THE PROPERTY OWNER FLORIDA CF&A HILL FAMILY LTD., TO REZONE PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF STIRLING ROAD BETWEEN INTERSTATE 95 AND BRYAN ROAD 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 INDUSTRIAL, RESEARCH, OFFICE, MARINE ("IROM") AND COMMERCIAL BUSINESS DISTRICT (C-2) TO GENERAL COMMERCIAL DISTRICT (C-3), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 3. ORDINANCE NO. 2014-011 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND CHAPTER 28, PART 3, OF THE "LAND DEVELOPMENT CODE" OF THE CITY'S CODE OF ORDINANCES BY AMENDING ARTICLE 303, "DISTRICT DEVELOPMENT STANDARDS", CONCERNING DENSITY IN THE CITY CENTER (CC) DISTRICT AND BEACH GATEWAY MIXED-USE (GTWY- MU) DISTRICT AND AMENDING ARTICLE 305, "INCENTIVES", ESTABLISHING DEVELOPMENT INCENTIVES RELATED TO PUBLIC PARKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) (Continued from August 26, 2014) 4. ORDINANCE NO. 2014-012 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 OF THE "LAND DEVELOPMENT CODE" ("LDC") OF THE CITY'S CODE OF ORDINANCES BY AMENDING ARTICLE 110, "USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS", CONCERNING PERMITTED USES IN ZONING DISTRICTS AND PROVIDING FOR USE REGULATIONS; AMENDING ARTICLE 115, "INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS OF USE", CONCERNING PERMITTED USES IN ZONING DISTRICTS AND PROVIDING FOR USE REGULATIONS; AMENDING ARTICLE 265, "OFF-STREET PARKING REQUIREMENTS", CONCERNING OFF-STREET PARKING REQUIREMENTS; AMENDING ARTICLE 302, "DETAILED USE REGULATIONS", CONCERNING USE REGULATIONS WITHIN THE NEIGHBORHOOD RESIDENTIAL (NBHD-RES) ZONING DISTRICT; AMENDING Agenda – Dania Beach City Commission Tuesday, September 9, 2014 – 7:00 p.m. Page 6 of 8 ARTICLE 310, "BUILDING TYPES", CONCERNING REGULATIONS RELATED TO RESIDENTIAL BUILDING TYPES; AND AMENDING ARTICLE 525, "ARCHITECTURAL STANDARDS FOR THE COMMUNITY REDEVELOPMENT AREA FORM-BASED ZONING DISTRICTS", CONCERNING ARCHITECTURAL AND DESIGN STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 5. ORDINANCE NO. 2014-013 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY SCOTT BACKMAN, ESQUIRE, AGENT FOR THE PROPERTY OWNER ROBERT C. FAVARATO AND SARAH DIANE FAVARATO AS TRUSTEES UNDER THE ROBERT C. FAVARATO AND SARAH DIANE FAVARATO LIVING TRUST, TO REZONE PROPERTY LOCATED ON SW 29 TERRACE (NW CORNER OF GRIFFIN ROAD AND SW 29 TERRACE) 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 TWO-FAMILY RESIDENTIAL DISTRICT (RD-8000) TO COMMERCIAL BUSINESS DISTRICT (C-2), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)) 6. ORDINANCE NO. 2014-014 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY PULICE LAND SURVEYORS, INC., ON BEHALF OF THE PROPERTY OWNER, ROBERT FAVARATO AND SARAH FAVARATO LIVING TRUST, TO CREATE A PLAT (PL-68-14) TO BE KNOWN AS THE "GRIFFIN ROAD FD" PLAT, FOR PROPERTY LOCATED AT 2901 GRIFFIN ROAD IN THE CITY OF DANIA BEACH; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS, ALLEYS AND EASEMENTS AS SHOWN ON SUCH PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)) 7. RESOLUTION NO. 2014-072 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND DANIA ENTERTAINMENT CENTER, LLC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDED Agenda – Dania Beach City Commission Tuesday, September 9, 2014 – 7:00 p.m. Page 7 of 8 AND RESTATED DEVELOPMENT AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND PUBLIC HEARING) 8. RESOLUTION NO. 2014-073 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN ALTERNATE PARKING STANDARD FOR SHOWROOM USES (APPLICATION NO. OT-079-14), SUBMITTED BY JEFF FALKANGER ON BEHALF OF COHEN BROTHERS REALTY, FOR PROPERTY LOCATED AT 1855 GRIFFIN ROAD (THE "DESIGN CENTER OF THE AMERICAS" OR "DCOTA" CENTER) IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. DISCUSSION AND POSSIBLE ACTION 11. COMMISSION COMMENTS 11.1 Commissioner Grace 11.2 Commissioner Jones 11.3 Vice-Mayor Brandimarte 11.4 Mayor Duke 12. APPOINTMENTS 1. Airport Advisory Board Commission Vacancy - 3 appointments 2. Creative Arts Council Advisory Board Commission Vacancy - 1 appointment 3. Education Advisory Board Commission Vacancy - 1 appointment 4. General Employees Pension Board 1 Commission Appointment for a 2 Year Term (Myrtle Corbin's term expired 6/22/14) 5. Grant Advisory Board Commission Vacancy - 1 appointment 6. Green Advisory Board Commission Vacancy - 1 appointment 2 Alternate Positions Agenda – Dania Beach City Commission Tuesday, September 9, 2014 – 7:00 p.m. Page 8 of 8 7. Marine Advisory Board Commissioner Grace - 1 appointment Commission Vacancy - 3 appointments 8. Nuisance Abatement Board Commission Vacancy - 1 appointment 9. Parks Recreation and Community Affairs Advisory Board Commission Vacancy - 2 appointments 10. Planning and Zoning Board Commission Vacancy - 1 appointment 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk - Reminders Monday, September 15, 2014 - 6:00 p.m. 1st Budget Public Hearing Tuesday, September 23, 2014 - 7:00 p.m. City Commission Meeting Wednesday, September 24, 2015 - 5:01 p.m. 2nd Budget Public Hearing Wednesday, October 1, 2014 - 6:00 p.m. CRA Board Meeting 14. ADJOURNMENT