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HomeMy WebLinkAbout2011-11-08 City Commission Meeting Agenda AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, NOVEMBER 08, 2011 - 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 REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE # 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. 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. Request from the Sunshine Chapter of Antique Motorcycle Club of America for the "6th Annual Dania Beach Vintage Motorcycle Show" to be held Saturday, January 28, 2012 at Frost Park from 10:00 a.m. - 5:00 p.m. The applicant is requesting a road closure on Fronton Boulevard from NE 2nd Street to NE 1st Street. 2. Request for the annual "Dania Beach Relay for Life" Event, to be held at Frost Park, beginning at 6:00 p.m. on Friday, March 23, 2012, ending at 11:45 a.m. on Saturday, March 24, 2012. The applicant is also requesting a waiver of all application and permit fees as well a donation towards The American Cancer Society. Please see memo attached. 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, Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 2 of 48 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: None 2. Travel Requests: None 3. RESOLUTION NO. 2011-127 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A COASTAL ZONE MANAGEMENT PROGRAM GRANT AGREEMENT FOR AN AMOUNT NOT TO EXCEED $30,000.000 (IN CONNECTION WITH DEP AGREEMENT NO. CM215, PURSUANT TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COOPERATIVE AWARD) WITH THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR APPROPRIATION OF FUNDS INCLUDING REQUIRED CITY MATCHING FUNDS OF $30,000.00 AND PLANNING FUNDS OF $50,000; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 4. RESOLUTION NO. 2011 -128 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 ADVERTISEMENT OF THE SECOND AND FINAL PORTION OF THE CAPITAL PROJECT KNOWN AS THE SOUTHEAST DRAINAGE IMPROVEMENTS PROJECT, WHERE BIDDING IS EXPECTED TO BE SOUGHT BY THE PUBLIC SERVICES DEPARTMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 5. RESOLUTION NO. 2011-129 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 ADVERTISEMENT OF THE CAPITAL PROJECT KNOWN AS THE INFILTRATION/INFLOW PHASE III PROJECT, WHERE BIDDING IS EXPECTED TO BE SOUGHT BY THE PUBLIC SERVICES DEPARTMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 3 of 48 6. RESOLUTION NO. 2011-130 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 ADVERTISEMENT OF THE CAPITAL PROJECT KNOWN AS THE LIFT STATION REHABILITATION PHASE II PROJECT, WHERE BIDDING IS EXPECTED TO BE SOUGHT BY THE PUBLIC SERVICES DEPARTMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7. RESOLUTION NO. 2011-131 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SIDEWALK REPLACEMENT MATERIALS AND THE INSTALLATION OF SIDEWALK CONSTRUCTION SERVICES IN AN AMOUNT NOT TO EXCEED $70,000.00 IN FISCAL YEAR 2011-2012 FROM METRO EXPRESS, INC. UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID ITB NO. 09-10-069; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. RESOLUTION NO. 2011-132 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 ADVERTISEMENT OF THE CAPITAL PROJECT KNOWN AS THE I.T. PARKER DOCK REPLACEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTION NO. 2011-133 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING, AUTHORIZING AND DIRECTING THE TRANSFER OF $340,000 FROM AVAILABLE CITY GENERAL FUND AND CAPITAL PROJECT FUND APPROPRIATIONS TO THE DANIA BEACH CRA TO PROVIDE ADDED FUNDING FOR THE CRA NEIGHBORHOOD CAPITAL PROJECTS AS VERBALLY APPROVED ON OCTOBER 25, 2011; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. RESOLUTION NO. 2011-134 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE BROWARD Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 4 of 48 SHERIFF'S OFFICE AND WITH TWENTY CITIES IN BROWARD COUNTY IN CONNECTION WITH THE 2011 BYRNE JUSTICE ASSISTANCE LOCAL SOLICITATION GRANT PROGRAM (JALSG); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 11. RESOLUTION NO. 2011-135 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH MUNB LOAN HOLDINGS, LLC ("MUNB"), A DELAWARE CORPORATION, AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA, RELATING TO THE DEMOLITION OF THE DANIA BEACH HOTEL AND TRANSFER OF TITLE TO THE PROPERTY LOCATED AT 180 EAST DANIA BEACH BOULEVARD FROM THE CITY TO MUNB, AND TO EXECUTE DEMOLITION CONTRACTOR AGREEMENTS WITH BEST-TEC ASBESTOS ABATEMENT, INC., AND THE BG GROUP, LLC. FOR THE DEMOLITION OF THE DANIA BEACH HOTEL, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 12. RESOLUTION NO. 2011-136 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING, AUTHORIZING AND DIRECTING THE TRANSFER OF $192,715.00 FROM AVAILABLE CAPITAL PROJECT FUND APPROPRIATIONS TO THE DANIA BEACH CRA TO PROVIDE ADDED FUNDING FOR THE CRA SUN GARDEN ISLES NEIGHBORHOOD CAPITAL PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 13. ORDINANCE NO. 2011-034 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 OF THE CITY CODE OF ORDINANCES, ENTITLED "LAND DEVELOPMENT CODE", BY CREATING ARTICLE 690 TO BE ENTITLED "EXPEDITED PROCESSING FOR QUALIFIED BUSINESSES"; PROVIDING FOR EXPEDITED PROCESSING OF PERMITS AND OTHER RELATED MATTERS FOR CERTAIN QUALIFIED NEW, EXPANDING OR RELOCATING BUSINESSES WITHIN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 14. ORDINANCE NO. 2011-035 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, REPEALING CHAPTER 27 OF THE CITY CODE OF ORDINANCES ENTITLED "WATER AND Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 5 of 48 SEWERS" IN ITS ENTIRETY, AND CREATING A NEW CHAPTER 27 ENTITLED "WATER AND SEWERS" IN ORDER TO EFFECT A COMPREHENSIVE REVISION OF CHAPTER 27 OF THE CODE OF ORDINANCES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 8. BIDS AND REQUESTS FOR PROPOSALS 1. RESOLUTION NO. 2011-137 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AQUATIC FACILITIES MANAGEMENT AGREEMENT WITH JEFF ELLIS & ASSOCIATES, INC. A TEXAS CORPORATION D/B/A JEFF ELLIS MANAGEMENT, LLC, A FOREIGN CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA FOR THE PROVISION OF LIFEGUARD, OPERATION AND MAINTENANCE SERVICES FOR THE C.W. THOMAS PARK POOL AND THE P.J. MELI AQUATIC COMPLEX; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9. PUBLIC HEARINGS 1. ORDINANCE NO. 2011-033 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATION", SECTION 2-30, "INDIVIDUAL CAMPAIGN CONTRIBUTION LIMITS" OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR ADDITIONAL CAMPAIGN FINANCING PROVISIONS SUPPLEMENTING STATE LAW THAT WILL PROHIBIT ENTITIES AND ORGANIZATIONS FROM MAKING CONTRIBUTIONS TO CANDIDATES IN CITY ELECTIONS FOR MAYOR AND CITY COMMISSIONERS; PROVIDING ADDITIONAL RELATED DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 2. ORDINANCE NO. 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. (ADOPTION PHASE) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 6 of 48 3. RESOLUTION NO. 2011-119 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY DAWN MCDONALD WITH CORPORATE PROPERTY SERVICES, INC. REPRESENTING MCDONALDS CORPORATION FOR VARIANCES FROM THE UNIFIED LAND DEVELOPMENT CODE, PART 2, SECTION 505-140(C), SIGN REGULATIONS, FOR PROPERTY LOCATED AT 1310 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from October 25, 2011) 4. RESOLUTION NO. 2011-138 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING A RIGHT OF WAY DEED, PROPOSED TO BE CONVEYED TO THE CITY BY MCDONALD'S CORPORATION, A DELAWARE CORPORATION, AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. DISCUSSION AND POSSIBLE ACTION 1. Discussion for preliminary approval for Commissioner Castro to attend the National Council of Legislators from Gaming States (NCLGS) 2012 Winter Meeting in Las Vegas, Nevada, on January 6-8, 2012 (Estimated cost $1,800.00) 2. Motion to support filing of a local bill by City officials with the Broward County State Legislative Delegation re: extension of City municipal beach boundaries to the three mile limit in the Atlantic Ocean. 11. COMMISSION COMMENTS 11.1 Commissioner Castro 11.2 Commissioner Duke 11.3 Commissioner McElyea 11.4 Vice-Mayor Grace 11.5 Mayor Flury 12. APPOINTMENTS 1. Airport Advisory Board Vice-Mayor Grace - 1 appointment 2. Green Advisory Board Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 7 of 48 Commissioner Castro - 1 appointment 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk - Reminders Thursday, November 17, 2011 - 6:00 p.m. Abatement Hearing Tuesday, November 22, 2011 - 7:00 p.m. City Commission Meeting 14. ADJOURNMENT Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 8 of 48 3.1. Request from the Sunshine Chapter of Antique Motorcycle Club of America for the "6th Annual Dania Beach Vintage Motorcycle Show" to be held Saturday, January 28, 2012. This event will be located at Frost Park from 10:00 a.m. - 5:00 p.m. The applicant is requesting a road closure on Fronton Boulevard from NE 2nd Street to NE 1st Street. CITY OF DANIA BEACH Agenda Request Item Type of Request: Special Event (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) Request from the Sunshine Chapter Antique Motorcycle Club of America Members, Clive Taylor and Clare Frost for their 6th Annual Dania Beach Vintage Motorcycle Show to be held Saturday, January 28, 2012 at Frost Park from 10am – 5pm. The applicant is also requesting road closures on Fronton Blvd. from NE 2nd Street to NE 1st Street. Description of Action Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 9 of 48 Fiscal Impact/Cost Summary Exhibits Attached 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 10 of 48 7. CONSENT AGENDA CITY OF DANIA BEACH Agenda Request Item Type of Request: Ordinance 1st Reading (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) Approval of Ordinance on 1st reading. Description of Action The City Administration began a project several years ago to consolidate all City Water and Sewer guidelines into a single, comprehensive Ordinance. During the past several months, this project has been completed with the help and assistance of Public Services, Community Development, Legal and Finance. The Ordinance reflects a comprehensive consolidation of City Water and Sewer operational guidelines, requirements and regulations. This Ordinance has been developed to reference and follow a companion Resolution which reflects all Water & Sewer fees in a single, transparent and easily available location. Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 11 of 48 Fiscal Impact/Cost Summary Consolidates Water & Sewer operations, regulations and fees. Recommends providing customers with a new “3rd and final” letter mailed directly to the customer address when an account is 35 days delinquent prior to service shut off. This “3rd and final” letter would be generated and mailed manually and result in a $5 service charge to the account. Exhibits Attached Memo, Ordinance (1st reading only), Resolution (no action at 1st reading) 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 12 of 48 7.3. RESOLUTION NO. 2011-127 CITY OF DANIA BEACH Agenda Request Item Type of Request: Adopt Resolution (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) Motion to adopt Resolution #2011-127. Description of Action Authorizes the proper City Officials to execute a Coastal Zone Management Program Grant Agreement (in connection with DEP Agreement No. CM215, pursuant to the National Oceanic and Atmospheric Administration Cooperative Award) with the State of Florida, Department of Environmental Protection in a grant amount not to exceed $30,000.00. The Grant also requires City contribution of equal, matching funds in the amount of $30,000.00 for grant award. Matching funds are available from the General Fund – Contingency account which balance was increased by the elimination of the Seawall Improvement project in the Capital Project Fund to provide transfer to CRA Neighborhood projects at the last October 25th meeting. Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 13 of 48 Fiscal Impact/Cost Summary Matching Funds Grant - $30,000 available from General Fund – Contingency account. Exhibits Attached Resolution Agreement Memo 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 14 of 48 7.4. RESOLUTION 2011 - 128 (Request to Bid SE Drainage Phase II) CITY OF DANIA BEACH Agenda Request Item Type of Request: Adopt Resolution (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) Approval of Resolution for Request to Proceed to Bid Capital Projects for Public Services Department. Public Services Department wishes to proceed with bidding of the Southeast Drainage Phase 2 ($5.7 million), which have been approved to receive SRF funding: Description of Action It is recommended that the City Commission approve the attached resolution for bidding the above listed project, under the terms and conditions and authorize the City Manager to execute same. Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 15 of 48 Fiscal Impact/Cost Summary Exhibits Attached Memo Resolution 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 16 of 48 7.5. RESOLUTION 2011-129 (Request to Bid Infiltration Inflow Phase III) CITY OF DANIA BEACH Agenda Request Item Type of Request: Adopt Resolution (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) Approval of Resolution for Request to Proceed to Bid Capital Project for Public Services Department. Public Services Department wishes to proceed with bidding of the Infiltration/Inflow Phase 3 ($840,000.00) Project, which has been approved to receive SRF funding: Description of Action It is recommended that the City Commission approve the attached resolution for bidding the above listed project, under the terms and conditions and authorize the City Manager to execute same. Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 17 of 48 Fiscal Impact/Cost Summary Exhibits Attached Memo Resolution 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 18 of 48 7.6. RESOLUTION 2011-130 (Requesting to Bid Lift Station Rehab, Phase II) CITY OF DANIA BEACH Agenda Request Item Type of Request: Adopt Resolution (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) Approval of Resolution for Request to Proceed to a Bid Capital Project for Public Services Department. Public Services Department wishes to proceed with bidding of the Lift Station Rehab, Phase 2 ($1,400,000.00) Project, which has been approved to receive SRF funding: Description of Action It is recommended that the City Commission approve the attached resolution for bidding the above listed project, under the terms and conditions and authorize the City Manager to execute same. Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 19 of 48 Fiscal Impact/Cost Summary Exhibits Attached Memo Resolution 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 20 of 48 7.7. RESOLUTION 2011-131 (Extension Contract with Metro Express) CITY OF DANIA BEACH Agenda Request Item Type of Request: Adopt Resolution (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) Approval of Resolution of 50/50 Sidewalk Funding in the Amount of $70,000; we are recommending using existing contract with METRO EXPRESS, INC. under Southeast Florida Governmental Cooperative Group Bid ITB No. 09-10-069, to provide these services in the amount of $70,000. Description of Action It is recommended that the City Commission approve a resolution for the work in the amount of $70,000.00, under the terms and conditions and authorize the City Manager to execute same. Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 21 of 48 Fiscal Impact/Cost Summary Exhibits Attached Memo Resolution Document 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 22 of 48 7.8. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FL, REQUESTING ADVANCE APPROVAL FROM THE CITY COMMISSION OF THE CITY OF DANIA BEACH FOR ADVERTISEMENT OF THE CAPITAL PROJECT KNOWN AS THE I.T. PARKER DOCK REPLACEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR EFFECTIVE DATE. CITY OF DANIA BEACH Agenda Request Item Type of Request: ADOPT RESOLUTION (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) TO ADOPT A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING ADVANCE APPROVAL FROM THE ADVERTISEMENT OF THE CAPITAL PROJECT KNOWN AS THE I.T. PARKER DOCK REPLACEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Description of Action Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 23 of 48 Fiscal Impact/Cost Summary Exhibits Attached 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 24 of 48 7.9. R-2011-133 - Ratifying October 25th transfer of $340,000 from City to CRA for Neighborhood Projects CITY OF DANIA BEACH Agenda Request Item Type of Request: Resolution (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) Approve Resolution Description of Action Resolution ratifying Commission’s amendment of CRA funding transfer for neighborhood projects approved October 25, 2011 Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 25 of 48 Fiscal Impact/Cost Summary $340,000 transferred to CRA Exhibits Attached Resolution 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 26 of 48 7.10. AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE BROWARD SHERIFF'S OFFICE AND WITH TWENTY CITIES IN BROWARD COUNTY IN CONNECTION WITH THE 2011 BYRNE JUSTICE ASSISTANCE LOCAL SOLICITATION GRANT PROGRAM (JALSG); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. CITY OF DANIA BEACH Agenda Request Item Type of Request: (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) City Commission to approve a resolution to enter into a memorandum of understanding with the Broward Sheriff’s Office for the award and administration of a Justice Department grant. Description of Action Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 27 of 48 Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Fiscal Impact/Cost Summary The City and the BSO will have $22,176 to apply towards youth crime prevention programs and activities. Exhibits Attached Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 28 of 48 Resolution, memorandum, 2011 Justice Assistance Grant application. 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 29 of 48 7.12. Resolution 2011-136 CITY OF DANIA BEACH Agenda Request Item Type of Request: Resolution (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) Approve Resolution Description of Action Resolution reflects re-appropriation of remaining funds in the City Capital Project Fund - CPTED Project Improvements to provide transfer of $192,715.00 to the CRA and directing any remaining balances to be returned to the City General Fund Unassigned Fund Balance. Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 30 of 48 Fiscal Impact/Cost Summary $192,715.00 transfer to CRA and approximately $100,000 returned to General Fund Unassigned Fund balance. Exhibits Attached Memo, Resolution 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 31 of 48 7.13. ORDINANCE NO. 2011-034 - EXPEDITED PERMITTING CITY OF DANIA BEACH Agenda Request Item Type of Request: Adopt Ordinance 1st Reading (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) Motion to adopt Ordinance #2011-034 on First Reading. Description of Action Creates Section 8-7, Expedited Permitting for Qualified Businesses, which provides an expedited permitting process for certain qualified new, expanding or relocating businesses. Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 32 of 48 Fiscal Impact/Cost Summary Exhibits Attached Memo Ordinance 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 33 of 48 7.14. Ordinance No. 2011-035 Water and Sewer CITY OF DANIA BEACH Agenda Request Item Type of Request: Ordinance 1st Reading (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) Motion to adopt Ordinance on 1st reading. Description of Action Ordinance consolidates City’s Water and Sewer guidelines and fees into a single, comprehensive, more easily accessible framework guiding these utility service operations. Ordinance structure also incorporates a companion Resolution that establishes and reflects all applicable Water and Sewer operational fees in a single schedule. Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 34 of 48 Fiscal Impact/Cost Summary Ordinance recommends creating a new “3rd and final” mailing notice to delinquent utility customers prior to service turn off. This final delinquency letter would be sent to customers that are more than 35 days past due and include a $5 charge to cover cost of the letter’s preparation and mailing. Exhibits Attached Memo, Ordinance (1st reading), companion Resolution (no action until final Ordinance) 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 35 of 48 8.1. Aquatic Management Resolution CITY OF DANIA BEACH Agenda Request Item Type of Request: Award Bid (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) Award Aquatic management bid for C.W. Thomas & P.J. Meli pools Description of Action Award Bid to Jeff Ellis & Associates Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 36 of 48 Fiscal Impact/Cost Summary $275,231.31 Exhibits Attached Exhibit 1 Resolution Exhibit 2 Bid tabulation Exhibit 3 Memo 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 37 of 48 9.1. ORDINANCE NO. 2011-033 CITY OF DANIA BEACH Agenda Request Item Type of Request: Ordinance (2nd Reading) (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) We do not recommend adoption of the attached Ordinance prior to the conclusion of the 8th Circuit en banc rehearing on the Minnesota Citizens case that addresses the constitutionality of a ban on corporate campaign contributions to individual candidates. Description of Action If enacted, the attached Ordinance would only permit natural persons to make contributions to any candidate for the office of Mayor or City Commissioner. The Ordinance would prohibit all entities and organizations (including, but not limited to, corporations, LLC’s, sole proprietorships, banks, labor unions, political committees and unincorporated associations) from making campaign contributions to any candidate for the office of Mayor or City Commissioner. Additionally, the Ordinance would make it unlawful for any candidate for the office of Mayor or City Commissioner to accept contributions from any entity or organization. Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 38 of 48 Fiscal Impact/Cost Summary Exhibits Attached Memo Ordinance 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 39 of 48 9.2. ORDINANCE NO. 2011-023 CITY OF DANIA BEACH Agenda Request Item Type of Request: (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) Update the Public School Facilities Element of the City’s Comprehensive Plan, reflecting the second amendment to the Broward County School Board Interlocal Agreement and approval of the annual update of the Capital Improvement Element within the City’s Comprehensive Plan Description of Action This item was presented to the City Commission on July 12, 2011 and passed on first reading. Since then, we received a letter of no objection from the State of Florida Department of Community Affairs. The City has received no objections from any other state reviewing agencies. As such, staff is requesting adoption of the proposed updates to the Public School Facilities Element and the annual update of the Capital Improvement Element within the City’s Comprehensive Plan. Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 40 of 48 Fiscal Impact/Cost Summary Exhibits Attached Ordinance Staff Report Map Public Notice Exhibit A1 Exhibit A2 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 41 of 48 9.3. RESOLUTION NO. 2011-119 CITY OF DANIA BEACH Agenda Request Item Type of Request: Adopt Resolution (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) The applicant, Corporate Property Services, Inc., is requesting sign variances for property located at 1301 South Federal Highway. Description of Action To allow the following: 1. A 53.6 square foot total sign area on the east building elevations; code permits a maximum of 18.5 square feet. Section 505-140(C)(6)(b). 2. A 39.6 square foot sign on the south building elevation; code permits a maximum 9.25 square feet. Section 505-140(C)(6)(e). 3. A 14 square foot sign on the north building elevations; code permits no sign. Section 505- 140(C)(6)(e). Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 42 of 48 Fiscal Impact/Cost Summary Exhibits Attached Resolution Staff Report Application Email from Jeremy Earle Variance justification statement Site Plans Public Hearing notice Letter dated 10/18/2011 continuing item to the November 8, 2011 City Commission meeting 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 43 of 48 9.4. RESOLUTION NO. 2011-138 CITY OF DANIA BEACH Agenda Request Item Type of Request: Adopt Resolution (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) The applicant, Corporate Property Services, Inc., is dedicating right of way to the city from property located at 1301 South Federal Highway. Description of Action To dedicate approximately 300 square feet of frontage along South Federal Highway. Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 44 of 48 Fiscal Impact/Cost Summary Exhibits Attached Resolution Right of Way Deed Staff Report Application 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 45 of 48 10.1. Discussion for preliminary approval for Commissioner Castro to attend the National Council of Legislators from Gaming States (NCLGS) 2012 Winter Meeting in Las Vegas, Nevada, on January 6-8, 2012 (Estimated cost $1,800.00) CITY OF DANIA BEACH Agenda Request Item Type of Request: (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) Preliminary approval for Commissioner Castro to attend the NCLGS 2012 Winter Meeting in Las Vegas, Nevada. Description of Action If the Commission provides preliminary approval, the travel request will be added to a future City Commission agenda. Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 46 of 48 Fiscal Impact/Cost Summary Exhibits Attached NCLGS Meeting Information 11/08/11 Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 47 of 48 10.2. "Motion to support filing of a local bill by City officials with the Broward County State Legislative Delegation re: extension of municipal beach boundaries to the three mile limit in the Atlantic Ocean". CITY OF DANIA BEACH Agenda Request Item Type of Request: Discussion (Adopt Resolution, Adopt Ordinance (1st Reading) Adopt Ordinance (2nd Reading) Award Bid /RFP, Presentation, Public Hearing) Continued from: Requested Action (Identify appropriate Action or Motion) The City of Dania Beach’s municipal boundaries currently extend eastward to the ordinary low water mark of the Atlantic Ocean. Description of Action The City owns, maintains and operates the Dania Fishing Pier, which lies partially within the municipal boundaries, but most of which is seaward of the eastern boundary. The City has the use of the lands on which the pier is located by virtue of a Sovereignty Submerged Lands Lease issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. Purchasing Requests ONLY Dept: Acct #: Amt: Fund: (Select from: General, Water, Sewer, Stormwater, Grants, Capital) Agenda – Tuesday, November 8, 2011 – 7:00 p.m. Dania Beach City Commission Page 48 of 48 Fiscal Impact/Cost Summary Exhibits Attached Staff Report Area Map 2012 Economic Impact Statement form 11/08/11