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HomeMy WebLinkAbout2007-06-26 Regular City Commission Meeting Agenda Packet Addendum ADDENDUM TO AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, JUNE 26, 2007 - 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 NO. 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)924-3624,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. 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 4.4 Presentation of 25 Year Service Awards to Mardie Holloway and Donald Hansen 7. CONSENT AGENDA 7.4 RESOLUTION #2007-118 Revised Resolution A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN CONSTRUCTION SERVICES FOR THE CONSTRUCTION OF ADA RESTROOMS AT FROST PARK FROM COASTAL CONTRACTING AND DEVELOPMENT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $33,600.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 11. DISCUSSION AND POSSIBLE ACTION 11.1 Status of Traffic Calming Improvements—Dixie Highway and SW 2nd Avenue AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, JUNE 26, 2007 - 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 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 THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 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)924-3624,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 2. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Ronald Scott, Restoration Outreach Center 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Presentation of Resolution for Sophie Steele—Mayor Anton 4.2 Special Event Request for the 4 s of July Celebration to be held on the beach just north of 300 N. Beach Road, sponsored by Beach Watch from 12:00 p.m. — 12:00 a.m. 4.3 Special Event Request for the Dania Beach Super Boat Grand Prix, sponsored by Super Boar International Productions, Inc., to be held on July 13-15, 2007 5. PROCLAMATIONS Dania Beach City Commission Agenda—June 26, 2007 Page 2 of 7 6. CITIZEN COMMENTS Addressing the Commission: Comments by Dania Beach citizens,or 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. 7. CONSENT AGENDA 7.1 Minutes: Approve Minutes of the June 12, 2007 City Commission Meeting Resolutions 7.2 RESOLUTION #2007-105 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE WATER PLANT UPGRADE PROGRAM; MAKING FINDINGS; AUTHORIZING THE WORK ORDER FOR $11,740.00 FOR PHASING OF PROPOSED IMPROVEMENTS FOR THE WATER PLANT UPGRADE ACTIVITIES ASSOCIATED WITH THE PLANT UPGRADE PROJECTS TO BE PERFORMED BY CAMP DRESSER AND MCKEE ASSOCIATES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (Continued from June 12, 2007) 7.3 RESOLUTION #2007-115 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE GYM EQUIPMENT FOR THE C.W. THOMAS PARK FITNESS ROOM IN AN AMOUNT NOT TO EXCEED $30,000.00 FROM GYM SOURCE INC., UNDER THE SCHOOOL BOARD OF PALM BEACH COUNTY CONTRACT NO. 04C-20C; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2007-118 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN CONSTRUCTION SERVICES FOR THE CONSTRUCTION OF ADA RESTROOMS AT FROST PARK FROM Dania Beach City Commission Agenda—June 26, 2007 Page 3 of 7 COASTAL CONTRACTING AND DEVELOPMENT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $28,500.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2007-119 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN DEANNA ENTERPRISES, D/B/A AIA EMPLOYMENT OF MIAMI AND THE CITY OF DANIA BEACH TO PROVIDE SUMMER RECREATION PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO, ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION MANAGEMENT FOR AN AMOUNT NOT TO EXCEED $39,000.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2007-120 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE DESIGN OF THE PUBLIC SERVICES COMPOUND AND PUBLIC WORKS ADMINISTRATION BUILDING; MAKING FINDINGS; AUTHORIZING THE WORK ORDER FOR $262,060.00 FOR DESIGN SERVICES TO BE PERFORMED BY CAMP DRESSER AND MCKEE, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2007-121 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING TO THE AWARD OF A CONTRACT TO CAPRI INDUSTRIES, INC. FOR SOLAR STREET LIGHTING; WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $720,800.00; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2007-122 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH PROFESSIONAL ACCESS SERVICES, INC., TO PROVIDE FOR THE CONTINUATION OF CONSULTING SERVICES TO THE CITY IN CONNECTION WITH CITY COMPLIANCE WITH THE Dania Beach City Commission Agenda—June 26, 2007 Page 4 of 7 FEDERAL LAW KNOWN AS THE "AMERICANS WITH DISABILITIES ACT" (THE "ADA") IN AN AMOUNT NOT TO EXCEED $25,000.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION #2007-124 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2007-112 ADOPTED JUNE 12, 2007 TO REVISE THE FUNDING SOURCE FOR PRE-DESIGN ACTIVITIES ASSOCIATED WITH THE NANOFILTRATION PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION #2007-125 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE REPLACEMENT AND INSTALLATION OF SIDEWALK SERVICES IN AN AMOUNT NOT TO EXCEED $537,515.00 IN FISCAL YEAR 2006-2007, FROM STRAIGHTLINE ENGINEERING SERVICES AND MEF CONSTRUCTION INC. UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID #05-06- 012; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION #2007-127 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE REPLACEMENT AND INSTALLATION OF SIDEWALK SERVICES IN AN AMOUNT NOT TO EXCEED $35,000.00 IN FISCAL YEAR 2006-2007, FROM STRAIGHTLINE ENGINEERING SERVICES AND MEF CONSTRUCTION INC. UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID #05-06- 012; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.12 RESOLUTION #2007-123 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A CHANGE ORDER TO THE EXISTING AGREEMENT WITH COASTAL CONTRACTING INC. FOR ADDITIONAL CONSTRUCTION WORK IN AN AMOUNT NOT TO EXCEED $6,805.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—June 26, 2007 Page 5 of 7 7.13 RESOLUTION #2007-126 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, URGING THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AND THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS TO CREATE A PROGRAM TO HUMANELY ADDRESS THE PROBLEMS CREATED BY WILD IGUANAS IN THE CITY OF DANIA BEACH AND BROWARD COUNTY, FLORIDA: PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. BIDS AND REQUESTS FOR PROPOSALS 9. PUBLIC HEARINGS AND SITE PLANS 9.1 ORDINANCE #2007-013 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28, "ZONING." ARTICLE 2, "DEFINITIONS", TO. DEFINE "COMMON AREA'; AMENDING ARTICLE 4, "DISTRICT REGULATIONS," SECTION 4.10, "APPLICATION OF REGULATIONS", TO PROVIDE THAT CHURCHES, SYNAGOGUES AND HOUSES OF WORSHIP SHALL NO LONGER BE PERMITTED BY SPECIAL EXCEPTION; CREATING ARTICLE 33, "HOME AND COMMON-AREA BASED ASSEMBLY USES," TO PROVIDE FOR REGULATION OF ACCESSORY ASSEMBLY USES IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.2 ORDINANCE #2007-011 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY DOREEN BARTLEY, PRESIDENT OF EAGER BEAVER CONTRACTORS FOR THE `BARTLEY" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SW 40TH AVENUE AND SW 58T" STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "BARTLEY" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.3 ORDINANCE#2007-012 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST BY TARA KLEIN WITH THE FIRM CRAVEN THOMPSON & ASSOCIATES, Dania Beach City Commission Agenda—June 26, 2007 Page 6 of 7 REPRESENTING BROWARD COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES, TO REZONE PROPERTY LOCATED AT 4261 RAVENSWOOD ROAD, 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 C-2 (COMMERCIAL), TO IROM (INDUSTRIAL RESEARCH OFFICE MARINE); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) (Continued from June 12, 2007) 9.4 RESOLUTION #2007-116 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY EUGENE BUKOVI, FOR PROPERTY LOCATED AT 310 SW 4T" COURT, IN THE CITY OF DANIA BEACH, FLORIDA, FOR SPECIAL EXCEPTION APPROVAL TO ALLOW FENCE WELDING, LIGHT FABRICATION AND ASSEMBLY IN AN "1R" (INDUSTRIAL RESTRICTED) ZONING DISTRICT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.5 RESOLUTION 42007-117 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM , ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING HOLLYWOOD INVESTMENTS GROUP, I, LLC., FOR AN EXTENSION RELATING TO THE APPROVALS OF VARIANCE VA-03-06 GRANTED BY RESOLUTION 2006-105; SPECIAL EXCEPTION USE 5E-03-06 GRANTED BY RESOLUTION 2006-106; VACATION VC-03-06 GRANTED BY RESOLUTION 2006-112; AND SITE PLAN REQUEST SP-03-06 GRANTED BY RESOLUTION 2006-107, FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENI, FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE 1ST COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. COMMISSION COMMENTS 10.1 Commissioner Bertino 10.2 Commissioner Castro 10.3 Commissioner Flury 10.4 Vice-Mayor Jones 10.5 Mayor Anton Dania Beach City Commission Agenda—June 26, 2007 Page 7 of 7 11. DISCUSSION AND POSSIBLE ACTION 12. APPOINTMENTS 12.1 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment 12.2 Nuisance Abatement Board (5 Regular and 2 Alternate Members — I per Commissioner—Alternates by entire Commission— 2 Year Term) Commissioner Flury— 1 appointment 2 Alternate positions 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk—Reminders: Saturday, June 30, 2007 — 10:00 a.m. Executive Session—Union Negotiations Thursday, July 19, 2007—6:00 p.m. Abatement Hearing Tuesday, July 24, 2007— 7:00 p.m. Regular City Commission Meeting Wednesday, July 25, 2007 Budget Workshop 14. ADJOURNMENT City of Dania Beach 100 West Dania Beach Blvd., Dania Beach, FL 33004 SPECIAL EVENTS APPLICATION - Events on PRIVATE I PUBLIC PROPERTY Please PRINT or TYPE Event Name, Date, and Time: 4'" of July Celebration `Brief Description of the Event: Sponsored Liquor Tent with Giveaways, Hot Dogs, Burgers, Music provided by Discs Address/Location of Event: on the beach just north of 300 N Beach Road Event Coordinator: Sven Jutz Phone#1: 954-929-4887 E-mail Address: Lisa@beach-watch.com Phone#2: _954-401-8897 Fax: _954-237-4313 Additional Contact Person for the Event: _Elisabeth Stork Phone#1: _same E-mail Address: Phone#2: Fax: Organization or Sponsor of Event: Beach Watch Address: 300 North Beach Road City, State, Zip Code: _Dania Beach, FI 33004 Phone: 954-929-4887 Fax: _954-237-4313 Cell: _954-401-8897 Is this a Non-Profit Organization? [ ] Yes [x] No Tax ID#: _20-066-8386 Corporation Name(As it appears in the Articles of Incorporation): Allegria Entertainment Inc Date of Incorporation: 02/03/04 State of Incorporation: FL Federal ID#: 20-066-8386 Authorizing Official for the Organization: Sven Jutz Phone#1: E-mail Address: Phone#2: Authorizing Official for the Organization: Phone#1: E-mail Address: Phone#2: Property Owner: City of Dania Beach Special Events Application—Page 1 —Rev.MAY2006 *Please Note—A letter of Consent is required from the property owner for the approval of this application. Is the letter attached? [x] Yes [ ] No please attach Will any portion of this event take place on Public or City Property? [x] Yes [ ] No Will there be a charge for admission? [ ] Yes [x] No If yes, how much? Has this event been held in the past? [ j Yes [x] No If So, Indicate the city location of last event: *Is the event to take place: [ ] Indoors [x] Outdoors [ ] Both *Number of Expected Daily Attendants: (BSO or Fire Details may be required -refer to page 6) *Please indicate the duration of the event: DAY DATE START TIME END TIME TOTAL#OF HOURS July 4 12 m 12 pm 12 *Anticipated Date and Time to Begin Set-Up: 11 am *Anticipated Date and Time for Completion of Break-Down: _12.30 am *Do you have a site plan for the event to be submitted with this application? [x] Yes ( ] No *Please Note—A site plan indicating the following conditions must accompany the application or the application will be rejected, resulting in a significant time delay. The fire department must have easy access to the special event area. The site plan must include the following: entrances and exits, emergency vehicle access routes, parking, general vehicular drive paths, fire hydrant locations, fire department connections, street closure requests, fenced areas, grandstand, bleacher or other seating locations, tent and stage locations, cooking areas, and locations of any pyrotechnic materials, etc. In addition, the site plan must include the location of any rides (animal or mechanical), petting zoos, exhibits, DJ's, bands, performers, sanitary facilities, recreation vehicles for overnight housing, etc. *Is there a request for any road closures? [ ] Yes [x] No *Please identify the street name(s) and/or locations for closure requests: Please Note— These streets must also be identified on the site plan. *Are you requesting to fence the event? [ ] Yes [x] No Special Events Application-Page 2-Rev.MAY2006 Will there be concessions or sales of food at this event? [x Yes ( ] No Please specify Burgers and hot dogs *Please Note—An original Certificate of Liability Insurance and Worker's Compensation is required from all vendors. Ensure that the Certificate is for this specific event, has the proper dates,and names the City of Dania Beach as an Additional Insured. No event will be approved without this insurance. *Will any type of cooking appliances be used by either the Sponsor of the Event or any of its vendors? [ j Yes [ ] No *If so, indicate the type of appliance(s)to be used and the number of each appliance to be used: [ ] N/A [ ] Electric Grill(s); #_ [x ] Gas Grill(s); #_ [ ] Charcoal Grill(s); #_ [ ] Smoker Grills(s), #_ [x] Grease Fryer(s); #_ [ ] Oven(s); #_ [ ] Electric Range Burner(s); #_ [ ] Gas Range Burner(s), #_ *Please Note — Grease Fryers are not permitted indoors unless they are protected with an approved Hood and a UL300 Compliant Wet Chemical Automatic Fire Suppression System in accordance with NFPA 96. *Does each cooking appliance have its own dedicated Fire Extinguisher? [x] Yes [ ] No Please Note - Each cooking appliance must have its own dedicated fire extinguisher. Class K fire extinguishers are required for fryers. Demonstrate that this requirement will be met by making a note on the site plan indicating all of the above requirements or providing a letter to the fire prevention bureau. *Does each cooking area have the proper clearances from all other event areas? [ x] Yes [ ] No Please Note - Cooking areas can be located no closer than 30 feet from any tent or canopy structure, event rides, stages, grandstands or bleachers, etc. Ensure that this measurement is demonstrated on the site plan. Will there be sales of alcohol at this event? [x] Yes [ ] No Please Note—An original certificate of liquor liability insurance naming the City of Dania Beach as additional insured and a 112/3 Day Special Sales License is required to be submitted with this application. The license can be obtained from the State of Florida Department of Business and Professional Regulation. If Yes, Please Specify Types of Alcohol to be Sold: [ j NIA [x] Beer [x] Wine [x] Liquor [ ] Mixed Drinks [ ] Other: If alcohol is being served, please indicate how the beverages will be served: [ ] N/A [ ]Draft Truck ( ] Cold Plate [ ] Mini-Bar (x] Beer Tub [ ] Table Service Other:_in plastic cups Will there be alcohol given away at this event? [ ] Yes [x] No Please Specify Types of Alcohol to be given away: [ ] N/A [ ] Beer [ j Wine [ ] Liquor [ ] Mixed Drinks [ ] Other: Will there be retail sales at this event? [ ] Yes [x] No Please Specify: Special Events Application—Page 4—Rev.MAY2006 *Will there be any carnival rides, mechanical or vehicular rides, or animal rides at this event? [ ] Yes [x] No *If yes, please describe: What is the name of the vendor or vendors providing the rides? [ ] N/A Please Note - If carnival rides are to be present, the rides must be inspected by a state inspector, city electrical inspector, and fire inspector 48 hours prior to the rides opening. Are you providing to us a copy of the ride vendor's Certificate of Liability and Workers Compensation Insurance with this application? [ ] Yes [ ] No *Please Note—An original Certificate of Liability and Worker's Compensation Insurance is required for any and all rides. Ensure that the Certificate is for this specific event, has the proper dates, and Names the City of Dania Beach as an Additional Insured. No event will be approved without this insurance. *Will recreational vehicles be used for temporary overnight housing? [ ] Yes [x] No Please Note—Indicate the locations of these on the site plan, *Will there be any use of pyrotechnics and/or Fireworks Displays at this event? [ ] Yes [x] No *Please Note- Pyrotechnics and/or Fireworks displays require special applications, permits and inspections as well as an original Certificate of Liability and Worker's Compensation Insurance. In addition, a Fire Inspector will be required to be present during set-up and displays. This expense will be passed on to the event. Please apply for the permit at the Fire Prevention Bureau located at 901 N.E. 3 Street, I. T. Parker Community Center, Harbour Towne Marina. (BSO or Fire Details may be required - refer to page 6) *Will there be use of any Grandstands or Bleachers for seating at this event? [ ] Yes [x] No *Please Note - Bleachers and Grandstands may have to meet special safety code requirements. Locations must be indicated on the site plan. Are portable, ADA compliant sanitary facilities being provided for this event? [ ] Yes [ ] No If so, How many? [x] N/A Please Note— Provide the locations of all sanitary facilities on the site plan. Is there a request for any temporary signage for this event? [x ] Yes [ ] No Please Note— Any questions regarding temporary signage should be directed to Code Compliance, (954) 924- 3646. Are there any services being requested from the City of Dania Beach? [ ] Yes [x] No if yes, please explain: *Please list any other conditions, terms or relevant information related to this event that may be of interest to those reviewing this application for approval: *Indicates special attention Fire Prevention. Special Events Application—Page 5—Rev.MAY2006 BSO DETAIL REQUIREMENT Based upon anticipated attendance, site or building size, site location, and ability to assure public safety requirements, a Broward Sheriffs Office Detail may be required. FIRE WATCH REQUIREMENT A Fire-Watch may be imposed depending on the type of event, number of persons present and/or hazards involved. The number of personnel and apparatus required may vary depending on the type of event and hazards involved. Below are the current rates charged for the presence of a fire watch detail and/or fire inspector: Off-Duty detail assignment services performed by Dania Beach Fire Rescue Personnel will be paid at their current overtime rate of pay with benefits (3 Hour Minimum). In addition, an administrative fee of 10% will also be charged based on the total cost of personnel and apparatus. Personnel costs are currently estimated to be $84.42 per hour, per person (3 hour minimum). The cost of apparatus is as follows: Rescue Truck- $32.00 per hour Engine (1500 gpm) -$71.00 per hour Ladder(1500 gpm) - $80.00 per hour The City of Dania Beach requires payment 14 days in advance for the detail services and fees are to be made payable to The City of Dania Beach by means of cash advance or a cashier's check. Fees are based on individual employee's overtime rates which vary from person to person. The amount estimated is based on the highest overtime rate currently payable in addition to fees for FICA, Medicare, Worker's Compensation and Administrative fees. In the event that the entire estimated amount is not required for services, the city will refund the money, less the expenses incurred for the service. Should the amount of time required for the fire watch detail exceed that agreed upon before the event, the Event will be required to pay for any overage based on the actual cost for the Fire-Watch. The Event will be responsible to pay the actual service price incurred. The information I have provided on this application is true and complete to the best of my knowledge. I understand that approval of this event is contingent upon review and approval of all City Disciplines, the City Attorney's Office and tllte City Commission. t Signature of Applicant Title Date STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this Il y day of v , 200 By SvC'n H i�t}Z who is personally known to me, or, if not, produced the following form of identification:J32c 1$8-a'i-O>5 C� Notary Public T.D.HARRIS Sign: My Commission N noWr PuM-8hb of FWW Print: 0 My Commission .£Wcenadmial Aprto•lott ce111111A11lw0 r DD 01111Mil FEW eareeenrapwwww Special Events Application-Page 6-Rev.MAY2006 iI 1 I _ I pl- c v_ � 3 City of Dania Beach Department of Administration 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Office: (954)924-3606 Fax: (954)921-2604 The following attachment is an application for a Special Event that will be taking place on private property. If you have received this packet and your name or discipline has been checked on this cover sheet, please review the application and make any necessary comments and/or requirements, if any, at the bottom of this page, or attach a comment sheet. Please return this sheet, the application and any additional comment sheets to Kathy Herman in the Administration Department at your earliest convenience. Event Name: Super Boat Grand Prix Event Date: July 13th to 15th 2007 [ ] Sean Brown [ ] Dominic Orlando [ ] Larry Leeds [ ] Phil Reeves [ ] Tom Ansbro [ ] Mary McDonald [ Chief Donn Peterson — BSO Louise Stilson, City Clerk for agenda ] Kristen Jones COMMENTS/ REQUIREMENTS: [ ]Approved [ ]See Comments Below [ ]See Attached Comment Sheet [ ] NA APPROVAL SIGNATURE OF REVIEWER: DATE: DATE DISTRIBUTED: DATE RETURNED TO FIRE PREVENTION: I City of Dania Beach 100 West Dania Beach Blvd.,Dania Beach,FL 33004 SPECIAL EVENTS APPLICATION - Events on PRIVATE /PUBLIC PRQPERTY Please PRINT or TYPE Event Name,Date, and Time: Dania Beach Super Boat Grand PriX7 July 13- 15 2007 9 00am to 9 00am daily 'Brief Description of the Event: Staging area for a Powerboat Race off Dania Beach Race to be run on July I5 2007 Address/Location of Event: Dry Pit Area-Pro Bass Shop parking lot: Launch Area-Dania Cut Marina Event Coordinator: Super Boat International Productions Inc (John Carbonell President SBIP) Phone#1:305-296-6166 E-mail Address Phone 02:305-360-1762 Fax: 305-296-9770 Additional Contact Person for the Event: Deana Carbonell V. President SBIP Phone41: 305-296-6166 Phone#2: 305-360-1794 E-mail Address - . Fax: 305-296-9770 Organization or Sponsor of Event: Suer Boat International Productions Inc Address: 1323 20' Terrace City, State, Zip Code: Key West FI 33040 Phone: Same as above Fax: Same as above Cell: Same as above Is this a Non-Profit Organization? [ ]Yes [X]No Tax 10 9:65-0697863 Corporation Name(As it appears in the Articles of Incorporation): Super Boat International Productions Inc Date of Incorporation: January 1991 State of Incorporation: Florida Federal ID#: 65-0697863 Authorizing Official for the Organization: John Carbonell. President Phone#1: 305-296-6166 E-mail Address Phone 42: 305-360-1762 Authorizing Official for the Organization: John Carbonell President SBIP/APBA Phone 41: 305-296-6166 E-mail Address _. Phone 42: 305-360-1763 Special Events Application-Page I-Rev.NIAY2006 Property Owner: Bass Pro Shop, 200 Gulf Stream Way *Please Note-A letter of Consent is required from the property owner for the approval of this application. Is the letter attached? [XI Yes [ ] No Will any portion of this event take place on Public or City Property? [XI Yes I I No Will there be a charge for admission? [ ] Yes [XI No If yes,how much? Has this event been held in the past? [XI Yes I I No If so, Indicate the city location of last event: Dania Jai-alai, 301 E.Dania Beach Blvd.,Dania Beach,FI. *Is the event to take place: I ] Indoors [X] Outdoors [ I Both *Number of Expected Daily Attendants: 25 Race Boats 300 people(BSO or Fire Details may be required.refer to page 6) *Please indicate the duration of the event: DAY DATE START TIME END TIME TOTAL # OF HOURS Wednesday July 11, 2007 9:00am 9:00am 24 hours Thursday July 12, 2007 9:00 am 9:00am 24 hours Friday July 13, 2007 9:00 am 9:00am 24 hours Saturday July 14, 2007 9:00 am 9:00am 24 hours Sunday July 15, 2007 9:00 am 9:00am 24 hours Monday July 16, 2007 9:00am 1:00 m 4 hours *Anticipated Date and Time to Begin Set-Up: July 11,2007—9:00am *Anticipated Date and Time for Completion of Break-Down: July 16,2007— 1:00pm *Do you have a site plan for the event to be submitted with this application? [XI Yes [ ] No *Please Note- A site plan indicating the following conditions must accompany the application or the application will be rejected, resulting in a significant time delay. The fire department must have easy access to the special event area. The site plan must include the following: entrances and exits, emergency vehicle access routes, parking, general vehicular drive paths, fire hydrant locations, fire department connections, street closure requests, fenced areas, grandstand, bleacher or other seating locations, tent and stage locations, cooking areas, and locations of any pyrotechnic materials, etc. In addition, the site plan must include the location of any rides (animal or mechanical), petting zoos, exhibits,DJ's,bands,performers, sanitary facilities,recreation vehicles for overnight housing, etc. *Is there a request for any road closures:' [ ] Yes [XI No *Please identify the street name(s)and/or locations for closure requests: No road or street closure are requested Please Note-These streets must also be identified on the site plan. Special Events Application-Page 2-Rev.MAY2007 *Are you requesting to fence the event? [ ] Yes [X] No Please Note-You must identify any fencing on the site plan. *Will Canopies (No Sides)be used for this event? [X] Yes [ ] No *Please Note - All canopies in excess of 400 square feet [Per NFPA 1: Table 1.1219(a)] require building permits and inspections. All canopies must be flame retardant. A certificate of flame retardency and a sample of the canopy fabric for field testing must be submitted for product approval with this application. This information can be obtained from the canopy manufacturer or the canopy rental company. Please apply for the permit at the Building Department located at 100 W.Dania Beach Blvd. *Will Tents(With Sides)be used for this event? [ ] Yes [X] No *Please Note - All tents in excess of 200 square feet [Per NFPA 1: Table 1.12.19 (a)] require building permits and inspections_ All tents must be flame retardant. A certificate of flame retardency and a sample of the tent fabric for field testing must be submitted for product approval with this application. This information can be obtained from the tent manufacturer or the tent rental company. If the tents have sides, they are treated as buildings. They must have two separate exits remotely located from each other with electrically illuminated exit signs that have a battery back-up. In addition, they must have emergency egress lighting and Fire Extinguishers. Provide a life safety plan for these tents indicating the location of all Exits, Exit Signs, Emergency Lighting, Aisle Spacing, Fire Extinguisher locations, etc. Permits must be obtained for all tents and electrical work. Please apply for all permits at the Building Department located at 100 W Dania Beach Blvd. *Will electricity be required for this event? (Ex. For lighting,sound,cooking,other power needs,etc)[ ] Yes [X] No. * How will this electricity be supplied? [ ] On-Site [ ] Generator [ ] Combination of Both Please Note — The use of generators, temporary wiring, temporary electrical connections, etc. require permits and inspections. Please apply for the permit(s)prior to setting up at the Building Department located at 100 W. Dania Beach Blvd. Events requiring electricity are the responsibility of the applicant and must have a master electrician on site. *Will there be live entertainment at this event? [ ]Yes[X] No. *Please indicate the type(Ex.Band,DJ,Live Performers,etc.):N/A *Pleasespecify the hours of entertainment: DAY DATE START TIME END TIME TOTAL#OF HOURS *Will a stage(s)be used in this event? [ ]Yes [X] No Please note Fire Extinguisher Requirement in the next question. *Do you have adequate fire extinguishers for this event? [XI Yes [ ] No *Please Note - Fire extinguishers must be supplied for each tent, canopy, cooking appliance and stage. They must be accessible from anywhere in the tent or on the stage without having to travel any further than 75 feet for access. Extinguishers must be easily accessible and not obscured from view. Fire extinguishers must be commercial "ABC Multi-Purpose" (minimum Sibs.) fire extinguishers that are currently certified and tagged by a licensed company. Demonstrate that this requirement will be met by makine a note on the site plan indicating all of the above requirements or providine a letter to the fire prevention bureau. Special Events Application—Page 3—Rev.MAY2006 Will there be concessions or sales of food at this event? [ J Yes JXJ No Please specify: No concession on site *Please Note-An original Certificate of Liability Insurance and Worker's Compensation is required from all vendors. Ensure that the Certificate is for this specific event,has the proper dates,and names the City of Dania Beach as an Additional Insured. No event will be approved without this insurance. *Will any type of cooking appliances be used by either the Sponsor of the Event or any of its vendors? [ ] Yes JXJ No *If so, indicate the type of appliance(s) to be used and the number of each appliance to be used: [ ]N/A [ ] Electric Grill(s);# [ ] Gas Grill(s); # [ ]Charcoal Grill(s),# [ ] Smoker Grills(s),# [ ]Grease Fryer(s),# [ ] Oven(s);# [ ] Electric Range Burner(s);# [ ] Gas Range Burner(s);# *Please Note - Grease Fryers are not permitted indoors unless they are protected with an approved Hood and a UL300 Compliant Wet Chemical Automatic Fire Suppression System in accordance with NFPA 96_ *Does each cooking appliance have its own dedicated Fire Extinguisher? I ] Yes [ J No Please Note - Each cooking appliance must have its own dedicated fire extinguisher. Class K fire extinguishers are required for flyers. Demonstrate that this requirement will be met by making a note on the site plan indicating all of the above requirements or providing a letter to the fire prevention bureau. *Does each cooking area have the proper clearances from all other event areas? ( J Yes [ J No Please Note- Cooking areas can be located no closer than 30 feet from any tent or canopy structure, event rides, stages, grandstands or bleachers,etc. Ensure that this measurement is demonstrated on the site plan. Will there he sales of alcohol at this event? [ J Yes JX] No Please Note-An original certificate of liquor liability insurance naming the City of Dania Beach as additional insured and a 1/2/3 Day Special Sales License is required to be submitted with this application. The license can be obtained from the State of Florida Department of Business and Professional Regulation. If Yes,Please Specify Types of Alcohol to be Sold: [XI N/A J J Beer [ ]Wine J J Liquor J J Mixed Drinks [ J Other: If alcohol is being served,please indicate how the beverages will be served: [XI N/A [ J Draft Truck [ J Cold Plate [ J Mini-Bar I ] Beer Tub [ ] Table Service Other: Will there be alcohol given away at this event? [ J Yes [XI No Please Specify Types of Alcohol to be given away: JXJ NIA [ J Beer J J Wine [ I Liquor [ ] Mixed Drinks [ ] Other: Will there be retail sales at this event? J ] Yes [XJ No Please Specify: Special Events Application-Page 4-Rev.MAY2006 *Will there be any carnival rides,mechanical or vehicular rides,or animal rides at this event? I I Yes JXJ No *If yes,please describe: What is the name of the vendor or vendors providing the rides? JXJ NIA Please Note-If carnival rides are to be present,the rides must be inspected by a state inspector,city electrical inspector,and fire inspector 48 hours prior to the rides opening. Are you providing to us a copy of the ride vendor's Certificate of Liability AND Workers Compensation Insurance with this application? I I Yes JXJ No *Please Note-An original Certificate of Liability and Worker's Compensation Insurance is required for any and all rides. Ensure that the Certificate is for this specific event,has the proper dates,and Names the City of Dania Beach as an Additional Insured. No event will be approved without this insurance. *Will recreational vehicles be used for temporary overnight housing?I I Yes [XI No Please Note-Indicate the locations of these on the site plan. *Will there be any use of pyrotechnics and/or Fireworks Displays at this event? I J Yes JXJ No *Please Note- Pyrotechnics and/or Fireworks displays require special applications, permits and inspections as well as an original Certificate of Liability and Worker's Compensation Insurance. In addition,a Fire Inspector will be required to be present during set-up and displays. This expense will be passed on to the event. Please apply for the permit at the Fire Prevention Bureau located at 901 N.E. 3 Street, I. T. Parker Community Center, Harbour Towne Marina. (BSO or Fire Details may be required-refer to page 6) *Will there be use of any Grandstands or Bleachers for seating at this event? I j Yes[XI No *Please Note - Bleachers and Grandstands may have to meet special safety code requirements. Locations must be indicated on the site plan. Are portable,ADA compliant sanitary facilities being provided for this event? [XI Yes [ I No If so,How many? 10-at Pro Bass Shops parking lot [ J N/A Please Note-Provide the locations of all sanitary facilities on the site plan. Is there a request for any temporary signage for this event? I j Yes [Xj No Please Note-Any questions regarding temporary signage should be directed to Code Compliance,(954)924-3646. Are there any services being requested from the City of Dania Beach? [ I Yes JXJ No If yes,please explain: *Please list any other conditions,terms or relevant information related to this event that may be of interest to those reviewing this application for approval: This race event is held in the Atlantic Ocean off Dania Beach-it is a free event to the public of the community. The Dry Pit location(Pro Bass Shops)is free to the public to come in an see the race boats up close. It directs visitors to Dania Beach for the event and to vacation during the year. It is a clean event for the City without much impact to the citizens of the community by not blocking the streets and such *Indicates special attention Fire Prevention. Special Events Application-Page 5-Rev.MAY2006 BSO DETAIL REOIREMENT Based upon anticipated attendance,site or building size, site location,and ability to assure public safety requirements, a Broward Sheriffs Office Detail may be required. FIRE WATCH REQUIREMENT A Fire-Watch may be imposed depending on the type of event,number of persons present and/or hazards involved. The number of personnel and apparatus required may vary depending on the type of event and hazards involved. Below are the current rates charged for the presence of a fire watch detail and/or fire inspector: Off-Duty detail assignment services performed by Dania Beach Fire Rescue Personnel will be paid at their current overtime rate of pay with benefits (3 Hour Minimum). In addition, an administrative fee of 10% will also be charged based on the total cost of personnel and apparatus. Personnel costs are currently estimated to be$84.42 per hour,per person(3 hour minimum). The cost of apparatus is as follows: Rescue Truck-$32.00 per hour Engine(1500 gpm)-$71.00 per hour Ladder(1500 gpm)-$80.00 per hour The City of Dania Beach requires payment 14 days in advance for the detail services and fees are to be made payable to The City of Dania Beach by means of cash advance or a cashier's check. Fees are based on individual employee's overtime rates which vay from person to person. The amount estimated is based on the highest overtime rate currently payable in addition to fees for FICA, Medicare, Worker's Compensation and Administrative fees. In the event that the entire estimated amount is not required for services,the city will refund the money, less the expenses incurred for the service. Should the amount of time required for the fire watch detail exceed that agreed upon before the event,the Event will be required to pay for any overage based on the actual cost for the Fire-Watch. The Event will be responsible to pay the actual service price incurred. The information I have provided on this application is true and complete to the best of my knowledge. I understand that approval of this event is contingent upon review and approval of all City Disciplines, the City Attorney's Office and the City Commission. �_ -- � President Super Boat International Productions,Inc. SignO re o tplicant Title May 30,2007 Date STATE OF FLORIDA COUNTY OF BR6V1 A*0 01 04LA. t By`=e fore 'ng ins rument w a owledged before me this ?�day of 200 ni\ ,who is❑persanally known to me or, if not,prodd6ed the following form Of identification: Notary Public o e CrySi.al R. Bravo Sig : My Commission expires: : Ca !fission#DD606593 Print: ✓ 4 ✓ My Commission number: � � F, :ss October 18,2010 OF NAB' B 36&7019 Special Events Application-Page 6-Rev.MAY2006 k5no .V4/;0*42 HFAGC:IAA!fPg O SPH/NGF/ELD, MO May 29, 2007 Super Boat International Productions, Inc. 1323 20'h Terrace Key West, FL 33040 To Whom It May Concern: In reference to Dania Beach Super Boat Race, Bass Pro Shops has given permission for the Super Boat International to use our gravel parking lot from July 11`h until July 16`h. We met with Mr. John Carbonell and discussed all issues regarding this matter. No dumping will be allowed on site, trash will be emptied into our dumpsters, no road closures. If you need further information about our facility please feel free to contact me at (954)924-5207. Sincerely, Dixie Keese Promotions Manager Bass Pro Shops-Ft Lauderdale e3JV umoQ gs8Ak leog a lw � v � s o y 9 � a o U1 UJ II II II Q ❑ El ;aas;S El o ❑ N > ❑ El CA) U o 7 / a A U1 \ • o x \ ❑ El ❑ ca x w a% a � • u 0 MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JUNE 12, 2007 — 7:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Pastor Juan Cuevas, Maranatha Ministries, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Bob Anton Commissioners: Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro Deputy City Clerk: Miriam Nasser Absent: Vice-Mayor: Albert C. Jones Commissioner: John Bertino Commissioner Flury motioned to excuse the absence of Vice-Mayor Jones; seconded by Commissioner Castro. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 4. Presentations and Special Event Approvals 4.1 A Statement from the City Manager City Manager Pato requested this item be continued to a future meeting when the full Commission is present. 4.2 Presentation to Pete Heng— Bruce Caruso, Battalion Chief Bruce Caruso, Battalion Chief, Fire Department, invited Pete Heng, firefighter-paramedic, and his wife Patricia to the podium. He showed a short documentary on some of the preparations for people leaving for Iraq. Battalion Chief Caruso noted Mr. Heng joined the Dania Beach Fire Department on May 27, 1993 and is currently a valued member of the Fire Prevention Bureau. He read an article published in the City's Newsletter"Currents II" about Mr. Heng, which briefly described his exemplary actions and how his humanitarian efforts have enriched the lives of many people. Mr. Heng will be leaving for Iraq in two weeks. Pete Heng stated he was proud to serve his country and thanked everyone for their good wishes. 4.3 Presentation on the Dania Beach Heights Civic Association Grant Project — Lisa Young (Continued from May 22, 2007) Lisa Young noted their presentation tonight will be on the American Cancer Society Relay for Life. She showed a video of the recent Relay for Life event held in Dania Beach. Ms. Young commented that the Team Awards presentation for everyone who participated in the Relay for Life event would be held tomorrow at Paolo Three's Company at 6:30 p.m. She thanked the community and the City for their support. Item #4.4 was heard after Item #4.5 4.4 Update on the 109 Park Project—Bonnie Miskel, Attorney for Israel Kushnir Bonnie Miskel, Ruden McClosky, Attorney for the project, explained that some months ago Mr. Kushnir requested an extension of the site plan and permits for the construction of a 10-story building at 109 Park Plaza. She noted that real estate market conditions have not improved and therefore her client does not intend to proceed with the site plan request. Mr. Kushnir is, however, exploring other options, which could include a rental project or affordable housing. Attorney Miskel understood that the Commission may consider vacating Park Road to accommodate the proposed Municipal Library and Parking Garage. She commented that she spoke with Ian Nestler, PGAL, who confirmed it may be necessary to vacate the entire road according to one of the plans (Scheme B) presented at the last CRA Board meeting. Attorney Miskel pointed out that the site plan previously approved placed the main entrance of the building on Park Road, and if the road is vacated it will adversely impact her client. She advised that in cases of abandonment, the law provides that the road be split in the middle, therefore the north side would pertain to the City and the other half would go to her client. Attorney Miskel would like to express her client's concerns, before the Library project moves any further and it becomes a legal issue. She also indicated that Mr. Kushnir's insurance company notified him that parking of vehicles other than his own, on his property, is in violation of their policy. Attorney Miskel advised that although they have not revoked his insurance policy, her client would like to put the City on notice that they may have to demand the City's vehicles be removed from the property. Commissioner Castro asked City Manager Palo to have all City cars removed from Mr. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. Kushnir's property as soon as possible. She also recommended that the owner of the property put a"No Parking" sign on the site. Item #4.5 was heard after Item #4.3 Addendum 4.5 Turn Around Dania Beach Lee Lavery, representing Turn Around Dania Beach, commented on the sad loss of Sophie Steele. She pointed out how Sophie Steele sacrificed her time and money for the City of Dania Beach and how she worked with Dr. Herman Wrice to clean the City of drugs and prostitution. Ms. Lavery noted that Sophie Steele obtained a $1.5M grant for the Time for Kids After School Program for the children of Dania Beach. Sophie Steele loved her City and we are thankful for her contribution. RESOLUTION #2007-114 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING JUNE 1 AS A DAY OF REMEMBRANCE FOR SOPHIE STEELE; FURTHER, PROVIDING AN EFFECTIVE DATE. Mayor Anton read Resolution #2007-114. He recognized some members of the Steele family in the audience and invited them to attend the June 26, 2007 Commission meeting, where a formal presentation of the Resolution will be made. Commissioner Flury motioned to approve Resolution #2007-114; seconded by Commissioner Castro. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Item #4.4 was heard after#4.5 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Ralph Eddy, 150 SE P Avenue, thanked the Public Services Department for their fast response on the request for cleaning the southeast section drainage. He recognized Director Orlando and his staff for a job well done. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. Pat Tyra, 2912 SW 541h Street, Estates of Fort Lauderdale, thanked the Commission, on behalf of the citizens of Dania Beach, for their relentless efforts to fight the Airport expansion. She asked the City to submit a letter to the Broward County Commission requesting some action in the eradication/relocation of the iguana population within the City. It was the consensus of the Commission to send a letter to the Board of County Commissioners expressing the City's concerns on the iguana issue. 7. Consent Agenda Items pulled from Consent Agenda: #7.5 and#7.11 Items added to Consent Agenda: #7.13 7.1 Minutes: Approve Minutes of the May 15, 2007 City Commission Workshop Approve Minutes of the May 17, 2007 Abatement Hearing Approve Minutes of the May 22, 2007 City Commission Meeting Resolutions 7.2 RESOLUTION #2007-100 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ADDITIONAL SERVICES FROM ADVANCED PROCESSING & IMAGING, INC. (API), A SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED TWENTY FIVE THOUSAND DOLLARS ($25,000.00) FOR FISCAL YEAR 2006-2007; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION #2007-101 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PURCHASE OF COMPUTER HARDWARE, SOFTWARE AND SUPPORT LICENSES FROM CDW-G IN AN AMOUNT NOT TO EXCEED $16,500.00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2007-104 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PURCHASE OF FURNITURE FROM CORPORATE EXPRESS BUSINESS INTERIORS IN AN AMOUNT NOT TO EXCEED $41,000 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2007-103 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR APPROPRIATION OF FUNDS NOT TO EXCEED $250,000.00 FOR NEIGHBORHOOD MASTER PLAN, LAND USE PLAN AMENDMENTS AND ZONING CODE REVISIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. City Attorney Ansbro read the title of Resolution#2007-103. Commissioner Flury questioned if the amount of$250,000.00 would cover the study for the three communities previously discussed. She thought no additional funds should be approved until the first part of the project is completed. City Manager Pato clarified that the Resolution presented tonight refers to a not to exceed amount of$250,000,00. Commissioner Castro thought we should approve the funding for the Land Use Plan Amendments and Zoning Code revisions, making sure we stay within balance and the allocation of funds does not exceed $250,000.00. Commissioner Flury motioned to approve Resolution #2007-103; seconded by Commissioner Castro. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 7.6 RESOLUTION #2007-108 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR $480,000.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE MELALEUCA GARDENS WATER MAIN LOOPING PROJECT; 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. 7.7 RESOLUTION 42007-109 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR $400,000.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE DANIA BEACH BLVD. FORCE MAIN; 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. 7.8 RESOLUTION #2007-107 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING EXECUTION OF AN AMENDMENT TO THE LOAN AGREEMENT EXISTING BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR $247,000.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE WATER TANK AND HIGH SERVICE PUMPING PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AMENDMENT; Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 7.9 RESOLUTION #2007-110 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN AMENDMENT FOR $302,000 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE WATER MAIN LOOPING— WATER TREATMENT PLANT TO DOWNTOWN PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AMENDMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION #2007-111 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING A BROWARD COUNTY PLANNING COUNCIL INITIATED TRAFFICWAYS PLAN AMENDMENT TO EXAMINE AND CONSIDER THE REDUCTION OF RIGHT-OF-WAY ALONG FEDERAL HIGHWAY FROM OLD GRIFFIN ROAD TO SOUTH COUNTY LINE IN A MANNER CONSISTENT WITH THE REQUESTS OF EACH AFFECTED CITY, INCLUDING REDUCING THE RIGHT-OF-WAY OF FEDERAL HIGHWAY FROM OLD GRIFFIN ROAD TO SHERIDAN STREET IN DANIA BEACH FROM 106 FEET TO THE EXISTING RIGHT-OF-WAY WHICH IS ESTIMATED TO BE 70 FEET; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION #2007-105 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE WATER PLANT UPGRADE PROGRAM; MAKING FINDINGS; AUTHORIZING THE WORK ORDER FOR $11,740.00 FOR PHASING OF PROPOSED IMPROVEMENTS FOR THE WATER PLANT UPGRADE ACTIVITIES ASSOCIATED WITH THE PLANT UPGRADE PROJECTS TO BE PERFORMED BY CAMP DRESSER AND MCKEE ASSOCIATES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-105. Commissioner Flury noted that the original plan to improve the water, sewer and stormwater systems in the City was approved some time ago. She also indicated that Vice-Mayor Jones is new to the Commission and should be brought up to speed on such an important issue. Commissioner Flury suggested holding a Workshop prior to the budget meetings, for the Commission to have a full understanding of what the plan is, before any funds are approved. City Manager Pato asked Director Orlando if there was a timeframe for this project. Dominic Orlando, Director of Public Services, advised a report was submitted to the City Manager which explains the whole plan. The report contains a drawing that shows the work to be done. He further noted that some work has already been done to meet the South Florida Water Management District requirement. Director Orlando commented that the water tank is moving forward and should be finished in a few months. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. Commissioner Flury asked if there would be a problem if this Resolution was not approved tonight. Director Orlando suggested the Commission approve the Resolution tonight and tell Camp Dresser & McKee not to start working until they are notified. He clarified that if the project is delayed, he will have to relocate the Public Services Administration trailer to another location. Director Orlando indicated that this phasing could also temporarily affect the construction of the Community Center. Commissioner Castro clarified with City Manager Pato that the Bond funds for the Community Center have not yet been used. Director Orlando clarified for Commissioner Flury that the construction phase referred to in the Resolution is the additional work that was not identified when the original plan was approved. The phasing will consist of the new Public Services building, associated paving, grading and drainage improvements, and a temporary stormwater management pond located on the south side of the Water Plant. Mayor Anton asked Director Orlando to submit a report to the Commission with a break-down of projected costs for the proposed infrastructure improvements and the water plant upgrades. The report should also include an update on where we stand to-date with the debt service. Commissioner Flury motioned to continue Resolution 42007-105 to the June 26, 2007, City Commission Meeting at 7:00 p.m; seconded by Commissioner Castro. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 7.12 RESOLUTION #2007-112 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE WORK ORDER FOR$153,476.00 FOR PRE-DESIGN ACTIVITIES WITH THE NANOFILTRATION PROJECT TO BE PERFORMED BY CAMP DRESSER AND MCKEE ASSOCIATES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING AN EFFECTIVE DATE. Addendum 7.13 RESOLUTION 42007-113 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN SECURITY SERVICES FOR THE DANIA BEACH MARINA FROM STATEWIDE ENTERPRISES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $31,000.00; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. Commissioner Castro motioned to approve the Consent Agenda, with the addition of Item #7.13, and the exception of Items #7.5 and #7.11; seconded by Commissioner Flury. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION #2007-102 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE ENGAGEMENT OF KEEFE, MCCULLOUGH & CO., LLP TO SERVE AS THE EXTERNAL AUDITOR OF THE CITY, FOR PERFORMANCE OF AUDIT SERVICES FOR THE FISCAL YEARS ENDING SEPTEMBER 30, 2007 THROUGH SEPTEMBER 30, 2009; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-102. Patty Varney, Finance Director, advised she was able to negotiate a lower annual audit fee than the one originally submitted by Keefe, McCullough & Co. She recommended engaging the firm of Keefe, McCullough & Co., LLP to serve as Auditors for the City for the next three years. Commissioner Castro motioned to approve Resolution 42007-102; seconded by Commissioner Flury. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9. Public Hearings and Site Plans 9.1 ORDINANCE #2007-013 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28, "ZONING," ARTICLE 2, "DEFINITIONS", TO DEFINE "COMMON AREA"; AMENDING ARTICLE 4, "DISTRICT REGULATIONS," SECTION 4.10, "APPLICATION OF REGULATIONS", TO PROVIDE THAT CHURCHES, SYNAGOGUES AND HOUSES OF WORSHIP SHALL NO LONGER BE PERMITTED BY SPECIAL EXCEPTION; CREATING ARTICLE 33, "HOME AND COMMON-AREA BASED ASSEMBLY USES," TO PROVIDE FOR REGULATION OF ACCESSORY ASSEMBLY USES IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance 92007-013. He explained that the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) is a federal law designed to protect individuals, houses of worship, and other religious institutions from discrimination in zoning and laws that regulate land uses. City Attorney Ansbro noted that the proposed Ordinance provides that houses of worship will no longer be allowed in residential districts as Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. Special Exception uses, but as a right. He indicated that the intent of this law is to be proactive so we do not have any problems with religious organizations and the way we treat them under the Constitution. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2007-013, on first reading; seconded by Commissioner Flury. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.2 ORDINANCE 92007-012 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST BY TARA KLEIN WITH THE FIRM CRAVEN THOMPSON & ASSOCIATES, REPRESENTING BROWARD COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES, TO REZONE PROPERTY LOCATED AT 4261 RAVENSWOOD ROAD, 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 C-2 (COMMERCIAL), TO IROM (INDUSTRIAL RESEARCH OFFICE MARINE); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2007-012. Corine Lajoie, Principal City Planner, explained that the applicant, Broward County, is requesting to rezone a 9,200 square foot parcel from C-2 (Commercial) to Industrial Research Office Marine (IROM). They are proposing to build a 1,900 square foot wastewater pump station. If the zoning change is approved, staff will present a site plan and special exception request for consideration by the Commission. The Planning and Zoning Board recommended approval of the zoning change to IROM. Robert Leonard, Project Manager representing Broward County, advised that the existing station is located east of I-95 and that the construction of the new station is designed to accommodate the growth through the year 2030. Mayor Anton clarified with Mr. Leonard that this pump station would service whatever is currently being serviced by the County. Mr. Leonard responded for Mayor Anton that there should not be a noise issue associated with the station. He indicated there would be an emergency power generator inside the building. Mayor Anton confirmed with Mr. Leonard that the pump station also services the Hollywood- Fort Lauderdale International Airport. Commissioner Flury indicated she would like information on an existing pump station similar to the one being proposed, before this request is approved. She asked Mr. Leonard to send City Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. Manager Palo the address of an existing facility. Commissioner Flury also requested Mr. Leonard send a map showing the exact location of the pump station to be replaced. Mayor Anton confirmed with Mr. Leonard that continuing this item to the June 26 City Commission Meeting would not be detrimental to the project. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Flury motioned to continue Ordinance #2007-012 to the June 26, 2007, City Commission Meeting at 7:00 p.m.; seconded by Commissioner Castro. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.3 RESOLUTION #2007-106 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY MARK KIESER, LANDSCAPE ARCHITECT WITH CRAVEN THOMPSON & ASSOCIATES REPRESENTING STEPHEN ST. CLAIR, PROPERTY OWNER OF "DANIA BEACH OUTDOOR STORAGE", FROM CHAPTER 28, "ZONING", ARTICLE 5.60, "WALLS, HEDGES AND FENCES", FOR PROPERTY LOCATED AT 375 NW 9T" AVENUE, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 92007-106. Corinne Lajoie, Principal City Planner, showed the location of the property which is zoned Commercial. She noted the applicant, Dania Beach Outdoor Storage, is requesting a variance to allow the installation of 12 inches of barbed wire on top of an existing 8 foot fence and wall. The Planning and Zoning Board recommended approval subject to the applicant providing a letter from the US Border Protection stating barbed wire is necessary. The applicant has since complied with this requirement. Commissioner Flury was concerned about the appearance of the property. She confirmed that no complaints had been received from the neighbors in the area. Mark Kieser, Assistant Landscape Architect, Craven Thompson & Associates, presented a drawing of the project and noted the trees would be tall enough to cover the barbed wire. Mayor Anton advised he visited the property and it is very well kept. Commissioner Flury indicated we need to protect the residential area. She asked Ms. Lajoie to make sure the south side of the property is properly landscaped. Mayor Anton opened the Public Hearing. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. Patty Hart, 517 NE 2"d Place, advised she has worked for the owner of the property as their real estate representative. She noted they have improved the appearance of the property by painting the wall and adding landscaping. She indicated there would be no more old furniture dropped off or garbage on the property. Ms. Hart supported the request. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Flury motioned to adopt Resolution #2007-106; seconded by Commissioner Castro. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino was absent from this meeting. 10.2 Commissioner Castro Commissioner Castro was very grateful to everyone who participated at the Airport meeting on June 51h. She noted there was not much logic or common sense on the part of the Broward County Commission and added that the war is not over yet, and we need to organize the next plan of action. Commissioner Castro thanked Rae Sandler, Beulah Lair, Mayor Anton, Attorney Brenda Chalifour and Neil McAlilley, among many others, for their support. Commissioner Castro indicated that she attended the National Council of Legislators from Gaming States (NCLGS) Conference in Las Vegas, replacing Commissioner Bertino who was not able to attend. She noted this event was very educational for her and she learned a lot about addiction issues, Indian issues, and marketing. Commissioner Castro commented that Blake Cumbers, Boyd Gaming, took them on a tour of Las Vegas, which not only included the Strip, where they have eleven sites, but the residential areas as well. The residents have an entertainment center for the community, which is clean and safe. She stated that after her visit to Las Vegas, she felt more comfortable with what Boyd Gaming would do in Dania Beach. Commissioner Castro finally commented that while at the Conference, they had the opportunity to talk about the Tax Reform issue with Senator Geller, among many other things currently going on in Tallahassee. Commissioner Castro expressed her condolences to Sophie Steele's family. She added that Sophie Steele was one of a kind and she will be sorely missed. Commissioner Castro noted that she was not impressed with the presentation made earlier on the 109 Park property. She would like City Manager Pato to contact the property owner regarding Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. the parking issue. Commissioner Castro further commented she would not object to the City Manager re-opening the negotiations with the owner of the property, using his good judgement and obtaining a third appraisal, if necessary. It was the consensus of the Commission to direct City Manager Pato to re-open negotiations on the possible purchase of the 109 Park property. 10.3 Commissioner Flury Commissioner Flury congratulated T & T Exterminators for winning the Chamber's Small Business Award recognition of the year. Commissioner Flury thanked everyone who attended the Airport meeting on June 5a'. She recognized Mayor Anton as well as Commissioner Castro for the time they devote to the Airport issue. Commissioner Flury noted that Commissioner Bertino has already missed three meetings. She asked City Attorney Ansbro to look into the number of unexcused absences allowed in the Charter. Commissioner Flury indicated that it has been difficult for only three Commissioners to have to deal with the Airport issue and the number of people who have contacted them, before and after the Airport meeting. She thought the City should not run with only three elected officials when important decisions need to be made. Commissioner Flury did not appreciate Commissioner Bertino's extended vacation. City Attorney Ansbro advised that the Charter states that if a Commissioner misses four consecutive regular City Commission meetings, the seat would be vacated. Commissioner Flury questioned the timetable and funding for the SE Dania Beach Boulevard traffic plan which was recently approved. City Manager Palo advised he is still waiting for additional information from Kimley-Hom. Commissioner Castro clarified that Kimley-Horn had already given us a cost estimate and a time frame. It was up to the City now to identify funding and engage the designers. Commissioner Flury would like to schedule a Commission Workshop on Public Services Projects within the next two weeks. She asked to include the SE Traffic issue on the Agenda. Commissioner Flury noted that Stacy Ritter, a member on the Board of Broward County Commissioners, had a well prepared speech which was obviously done before the Airport meeting. She further indicated that Stacy Ritter made a motion to proceed with the Airport south runway expansion, even though she has been on the County Commission for approximately 6 months and has the least amount of experience. Commissioner Flury pointed out that Ms. Ritter is the wife of Russ Klenet, the City's Lobbyist on Airport matters. In view of the circumstances, she would like the City to terminate the agreement with Russ Klenet effective immediately or as soon as it is legally possible to do so. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. Commissioner Flury motioned to terminate the engagement with Russ Klenet and remain without a Lobbyist to represent the City; seconded by Mayor Anton, who passed the gavel to Commissioner Castro. Commissioner Castro indicated she would not like the City to hire another Lobbyist who would probably be more expensive than Russ Klenet. She added that she would vote yes to terminate Russ Klenet's agreement with the City, with the condition that we remain without a Lobbyist at this time. Mayor Anton noted that Russ Klenet has been helpful with many issues, including the Airport and has provided valuable advice to the City. However, now that his wife is a Board Member of the Broward County Commission, he thought we should no longer keep his services. Mayor Anton further commented that we have Tidewater Consultants representing the City in Tallahassee and we do not need two Lobbyists. Commissioner Flury pointed out that there is no doubt that Russ Klenet has done a good job for the City, but the fact that his wife is now part of the County Commission, puts the City in a difficult position. She would be agreeable to remain without a Lobbyist. Commissioner Castro stated for the record that when she first got elected, she thought Russ Klenet was the Democratic side and Tidewater was the Republican representative in Tallahassee. She now understands Russ Klenet was the Broward County Lobbyist in Tallahassee and he is there most of the time for meetings on the Property Tax Reform issue. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 10.4 Vice-Mayor Jones Vice-Mayor Jones was absent from this meeting. 10.5 Mayor Anton Mayor Anton commented the June 5'h Airport meeting at the Broward County Convention Center was incredible, the vote was 6-3 and over 1,200 people attended. He recognized all members of the City Commission who have worked hard to fight the Airport expansion. Mayor Anton indicated that the meeting will be re-broadcast on Channel 12, Comcast, starting tomorrow at 5:00 p.m. He commended Commissioner Rodstrom for his continuous support. Mayor Anton further noted that although the County Commission has stated they will not use eminent domain and people would not lose their homes, the quality of life will definitely be affected. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. Mayor Anton advised that the Melalcuca Gardens Homeowners Association would meet tomorrow at 7:00 p.m. in the Commission Chamber. He noted they will discuss several strategies to prepare for their next move on the Airport issue. Mayor Anton commented on the meeting held with the neighborhoods on June 2"d, and the positive comments from the neighbors about the BSO Program implemented in the southwest section. BSO Chief Peterson, advised that BSO District 2-Dania Beach was one of the two sites in Broward County to receive grant funds in conjunction with the Children's Services Council, for the Summer STAR (Students Taking Action and Responsibility) Program. He noted that Olsen Middle School is the site and hosts 60 children from our community and surrounding areas. The Program is recreational as well as educational, and there are eight deputies assigned to the site. Chief Peterson pointed out that he visited the site and there were a lot of happy faces. He thought it was a great service for the community. Mayor Anton reminded everyone that the Airport issue is not over and that the City would be working with the attorneys to look for strategies to keep moving forward. Rose Lizana, 214 SE 2"d Street, commented that Comcast did not broadcast the meeting in its entirety. City Manager Palo commented the entire meeting can be downloaded from the Broward County Web Site. Mayor Anton would like staff to obtain an official copy of the meeting for the City's records. 11. Discussion and Possible Action There were no discussion items at this meeting. 12. Appointments City Manager Palo, on behalf of Vice-Mayor Jones, appointed Bernie Swendell to the Marine Advisory Board. City Attorney Ansbro confirmed that this appointment was allowed considering Vice-Mayor Jones' medical condition and the fact that he will lose his right to appoint a board member if it is not done tonight. Commissioner Castro confirmed the appointment of Carolyn Jones as the 91h Member of the Police and Fire Pension Board. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. Commissioner Castro motioned to approve the Board appointments; seconded by Commissioner Flury. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 13. Administrative Reports 13.1 City Manager City Manager Palo commented that Legislators in Tallahassee have not yet reached a consensus on what formula they will be using regarding the Property Tax Reform. City Manager Palo echoed Commissioner Castro's comments on the NCLGS Conference. He further commended Boyd Gaming for hosting an outstanding reception. City Manager Pato noted that a Broward County Commissioner made some nice comments about him and the reason they think highly of him is because they respect the way he does business. He reaffirmed it was his privilege to represent the City of Dania Beach and he will continue to be a strong advocate for the City. City Manager Palo thanked the Commission for their support. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk—Reminders Saturday, June 23, 2007—9:00 a.m. Strategic Planning Session Tuesday, June 26, 2007 — 7:00 p.m. Regular City Commission Meeting Thursday, July 19, 2007 —6:00 p.m. Abatement Hearing It was the consensus of the Commission to combine the Strategic Planning Session and the Public Services Workshop Meeting on the same date, and hold it before the June 26, 2007, Regular Commission Meeting. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. 14. Adjournment Mayor Anton adjourned the meeting at 8:51 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. CITY OF DANIA BEACH Agenda Item # /. R Agenda Request Item Date of Commission Meeting: 6/12/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Awa�gr'di Bid /RFP ❑ Presentation ❑ Continued from: ��q}le ( 1i1# cffY ,:f�dBn�ty2pjrbpr18t8ACCI6I�Ar tOtO } f c ✓ w �. . .,... -. . ...� I . Approve resolution authorizing Work Order No. 9 for Camp, Dresser and McKee (CDM). To facilitate moving forward with construction of the nanofiltration system which includes upgrades to the current Water Plant. The South Florida Water Management District (SFWMD) requires storm water management for the entire site. Since available area to address SFWMD permitting requirements is limited, construction phasing will need to be evaluated and coordinated with SFWMD requirements. Required storm drainage facilities will be phased in with the plant upgrades. tatMtt3�YFi�f'�+rR!Qf�Yl��ll$�YH$.J Allows CDM to proceed with preliminary design report. {„ $fd @ �'�i I s a ar f i„ " .yh i Sifl 58 ,{ a..`dav 3 ,t }f: leu ..„,.. }..... .. Dept: 3303 Water Utility Water Plant Acct#: 401-3303-533,31-30 Amt: $11,740.00 Fund: General: ❑ Water: X❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ uramar lactativn{8� 55q�n4 See memo TKO F Budgeted p�5,� rea3 Ni SI�i-!� KIN _. .. o � .._ i.�:' ��+�� vaa Resolution Memo Exhibit 7 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 8 Exhibit 7 Exhibit 8 a ❑ ❑ ❑ -lit `fl .to. Submitted by Leo Williams Date 06/05/07 Department Director Dominic Orlando Date 06/05/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 06/05/07 City Attomey Thomas J. Ansbro Date 06/05/07 City Manager Ivan Pato Date 06/05/07 i •'i" r vi e ,�aang�, 3r 13I,c�M, .. ! by Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-105 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE WATER PLANT UPGRADE PROGRAM; MAKING FINDINGS; AUTHORIZING THE WORK ORDER FOR $11,740.00 FOR PHASING OF PROPOSED IMPROVEMENTS FOR THE WATER PLANT UPGRADE ACTIVITIES ASSOCIATED WITH THE PLANT UPGRADE PROJECTS TO BE PERFORMED BY CAMP DRESSER AND MCKEE ASSOCIATES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission previously adopted Resolution 2002-120 approving the Water, Wastewater and Stormwater Facilities Plan. The plan defines future capital infrastructure needs for the water, sewer and stormwater systems in the City and recommends improvements to each system based on current deficiencies, anticipated growth demands and compliance with federal and state environmental mandates; and WHEREAS, the nanofiltration plant and water plant upgrades were identified as the major projects to be constructed in the plan to address water quality and supply needs for the future; and WHEREAS, the City requested a work order from Camp, Dresser and McKee for services associated with the phasing of proposed improvements for the water plant upgrades; and WHEREAS, this work order follows a prior work order for nanofiltration and water quality testing that indicated that nanofiltration would be a feasible treatment option; and WHEREAS, specific services are outlined in the attached work order for phasing of proposed improvements for the water plant upgrades and for stormwater upgrades needed at the site; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing findings are incorporated by reference and made a part of this Resolution. Section 2. That the City Manager is authorized to execute the work order in the amount of$11,740.00 to be funded from the Water Fund operating budget. Section 3. That the City Manager is authorized to delegate responsibility to appropriate City staff to carry out technical, financial, and administrative activities associated with the work order. Section 4. That all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are repealed. Section 5. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND LEGALITY THOMAS ANSBRO, CITY ATTORNEY 2 RESOLUTION#2007-105 City of Dania Beach .,._ Department of Public Services .._...... ...._ 100 West Dania Beach Blvd- Dania Beach, FL 33004 -(954)924-3741 •(954)-923-1109(fax) TO: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Patricia Varney, Finance Director VIA: Dominic F. Orlando, P.E. Director of Public Services Date: May 31, 2007 RE: Approval of Work Order No. 9 for Phasing of Proposed Improvements for the Water Plant Upgrades Introduction and Background The City Commission previously adopted Resolution 2002-120 approving the Water, Wastewater and Stormwater Facilities Plan. The plan defines future capital infrastructure needs for the water, sewer and stormwater systems in the City and recommends improvements to each system based on current deficiencies, anticipated growth demands and compliance with federal and state environmental mandates. The nanofiltration plant and plant upgrades were identified as major projects to be constructed in the plan to address water quality and supply needs for the future. The City requested a work order from Camp, Dresser and McKee for services associated with miscellaneous services for engineering services associated with the phasing of proposed improvements for the water plant upgrades. Camp, Dresser and McKee is the design engineer for the tank, high service pumps, nanofiltration plant and water plant upgrades and coordination and phasing of the improvements is needed as current plant operations may be impacted if phasing is not addressed. Addresing stormwater infrastructure as a part of the phasing of improvements is necessary to address stormwater permitting requirements. WWCIP—CDM #9—Phasing of Proposed Improvements for the Water Plant Upgrades 05-13-07 Page 1 City of Dania Beach Department of Public Services --- ......... 100 West Dania Beach Blvd Dania Beach, FL 33004 • (954)924-3741 •(954) 923-1109(fax) Recommendation It is recommended that the City Commission approve Work Order No. 9 with Camp, Dresser and McKee in the amount of $11,740.00 for Phasing of Proposed Improvements for the Water Plant Upgrades, and authorize the City Manager to execute same. WWCIP—CDM #9 —Phasing of Proposed Improvements for the Water Plant Upgrades 05-13-07 Page 2 AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on 2007, between: the City of Dania Beach,Florida, a municipal corporation, (the"City") and Camp Dresser &McKee Inc. (the "Consultant"). In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged,the parties agree as follows: 1. Scope of Services. The Consultant agrees to perform consultant services for the City in accordance with the scope of services described in Exhibit "A" ("Phasing Plan for Proposed Improvements—Work Order No. 9), a copy of which is attached and made a part of this Agreement by this reference. The Parties acknowledge and agree that services are to commence on ,2007 and that that date is the effective date and commencement date of the services. 2. Subcontracts. Consultant may subcontract certain items of work. It is expressly agreed by the parties, however, that the City shall approve in advance in writing any subcontractors and the fees to be paid them by Consultant prior to any such subcontractor proceeding with any such work. 3. Payment for Services. A. City agrees to pay Consultant for services provided by Consultant, as described in Section 1, an agreed upon lump sum amount of Eleven Thousand Seven Hundred and Forty Dollars ($11,740.00)(the"Fee"). The Fee includes full payment,including all labor,overhead and other costs. No travel and meal costs are reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties, and approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate. B. Any necessary additional work, as determined by City, which is not covered by the scope of services described in the attached Exhibit "A" shall not be undertaken without a written amendment to this Agreement to that effect, executed in advance by both parties. C. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. D. City shall pay Consultant monthly for services rendered within thirty (30) calendar days from date of approval of each of Consultant's invoices by the City Manager. If any errors or omissions are discovered in any invoice, City will inform Consultant and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. E. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. 4. Indemnification of City. A. Consultant shall indemnify and hold harmless City, its officers, employees and agents (collectively, the "City"), from liabilities, damages, losses, and costs,including, but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Consultant and persons employed or utilized by Consultant in the performance of this Agreement, including any Subconsultant and Subcontractor. B. To the extent considered necessary by City any sums due Consultant under this Agreement may be retained by City until all of City's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved, and any amount withheld shall not be subject to payment of interest by City. C. To the extent this indemnification clause does not comply with Florida law this provision and all aspects of this Agreement shall be interpreted as the parties' intention for the indemnification provisions and this Agreement to comply with Florida taw applicable to indemnification. 5. Insurance. Consultant shall provide,pay for and maintain in force at all times during the term of this Agreement, such insurance, including professional liability insurance, Workers' compensation insurance and comprehensive general liability insurance as stated below: A. Professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00) to assure the City of coverage of the indemnification specified in this Agreement. B. Workers' Compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Consultant's employees. C. Comprehensive general liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The City is to be included as an "additional insured" with respect to any claims arising out of this Agreement. D. Automobile Liability with minimum limit of One Million Dollars ($1,000,000.00) combined single limit. E. If Consultant hires a subcontractor for any portion of any work, then such subcontractor shall provide general liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). Page 2 of 9 F. The Consultant shall provide the Risk Manager of the City Certificates of Insurance for coverages and policies required by this Agreement. All certificates shall state that the City shall be given thirty (30) days' advance notice prior to expiration or cancellation of any policy. Such policies and coverages shall not be affected by any other policy of insurance which the City may carry in its own name. 6. Assignment of Agreement. A. It is understood and agreed by both parties that this Agreement,in whole or in part, cannot be assigned, sublet or transferred by the Consultant without the prior written consent of City. The City is relying upon the apparent qualifications and expertise of Evelina Molfino, one of Consultant's associates, and such person's familiarity with the City's circumstances and desires, In the event Consultant wishes to re-assign or replace such individual, the Consultant shall tender one or more substitutes acceptable to City. In the event the City is not, for any reason or no reason at all, satisfied with such substitute, Consultant shall be considered in breach of this Agreement. Violation of the terms of this paragraph shall constitute a breach of Agreement by Consultant and City may, at its discretion,terminate this Agreement for cause and all rights,title and interest of Consultant in this Agreement shall then cease and terminate. B. The Consultant acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other consultants whose subcontracts must be approved by City as specified in Paragraph 2, above (the "Supporting Consultants"). The Consultant agrees to use its best efforts to coordinate its services with the services of the Supporting Consultants and further agrees that in the event the rendition of any services of any of the Supporting Consultants is delayed, such delay will not entitle the Consultant to any additional compensation or payment of any kind. Furthermore, the Consultant shall not be entitled to an increase in compensation, or be entitled to payment of any kind from the City,for damages or expenses incurred which are direct, indirect or consequential or other costs and lost profits of any kind including,but not limited to, costs of acceleration, inefficiency or extended overhead, arising because of any other delay,disruption,interruption,interference or hindrance from any cause whatsoever, whether such delay,disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud,bad faith or active malicious interference on the part of the City. The Consultant shall only be entitled to extensions of time for performance as the exclusive and sole remedy for delay. 7. Examination of Records. Consultant shall maintain books,records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Consultant shall also maintain the financial information and data used by the Consultant in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established Page 3 of 9 procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes,may have application to records or documents pertaining to this Agreement and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. S. Termination. A. Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant written notice by certified mail, return receipt requested, directed to the principal office of the Consultant, thirty (30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by City after conferring with Consultant. B. Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Consultant five (5) days' advance written notice. If Consultant promptly cures the matter giving rise to the cause within that time,this Agreement shall continue. If not timely cured,the Agreement will stand terminated and the City will pay Consultant for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience and the City will not be entitled to any additional costs, expenses and damages as a result of termination. 9. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Consultant (and Consultant's independent professional subcontractors or subconsultants) pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory common law and other reserved rights, including copyright; however, such documents are not intended or represented by Consultant to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document without written verification or permission by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant or to Consultant's independent professional subconsultants. If City alters any such documents, City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. Notwithstanding any provision to the contrary contained in this Agreement, CONSULTANT shall retain sole ownership to its preexisting information including but not limited to computer programs, software, standard details, figures, templates and specifications. When transferring data in electronic media format, CONSULTANT makes no representation as to long term compatibility,usability, or readability of documents resulting from the use of software application packages,operating systems,or computer hardware differing from those Page 4 of 9 used by CONSULTANT at the beginning of the Project.Because the data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. CONSULTANT shall not be responsible to maintain documents stored in electronic media format after acceptance by Owner. The original hard copy of the documents containing the professional engineer's seal shall take precedence over the electronic documents. 10. Notices. Except as provided above,whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present,the parties designate the following as the respective persons and places for giving of notice: City: Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Consultant: Evelina Molfino, P.E. Camp Dresser & McKee Inc. 6365 N.W. 61' Way,Suite 320 Fort Lauderdale, Florida 33309 11. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal action arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County,Florida, or the federal District Court in the Southern District of the United States. Each party further agrees that venue for any action to enforce this Agreement shall be in Broward County, Florida. 12. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 13. Attorneys' Fees and Costs. If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and reasonable attorneys' fees. 14. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. Page 5 of 9 15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this reference. 16. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 17. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments,agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. 18. Consultant and its employees and agents shall be and remain independent contractors and not employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. 19. The Consultant understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract, verbal or written,made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1)year,but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without City's written verification that the funds necessary for Consultant compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 20. Consultant warrants and represents that no elected official,officer,agent or employee of the City has a financial interest,directly or indirectly,in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a "purchasing agent" as defined in Chapter 112,Florida Statutes, nor any elected or appointed officer of the City of Dania Beach, nor any spouse or child of such purchasing agent,employee or elected or appointed officer, is a partner, officer, director or proprietor of the Consultant and,further, that no such City employee,purchasing agent, City elected or appointed officer,or the spouse or child of any of them, alone or in combination, has a material interest in the Consultant. Material interest means direct or indirect ownership of more than five percent (5%)of the total assets or capital stock of the Consultant. Page 6 of 9 21. Consultant shall comply with all federal, state and City laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment,the Americans With Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Consultant's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 22. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including, but not limited to, all terms and provisions governing compensation). IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year fist above written. Page 7 of 9 CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON BOB ANTON CITY CLERK MAYOR IVAN PATO, CITY MANAGER APPROVED FOR FORM APPROVED AS TO "SCOPE OF AND CORRECTNESS: SERVICES" n THOMAS J. ANSBRO vDOMINIC F. ORLANDO, P.E. rl CITY ATTORNEY PUBLIC SERVICES DIRECTOR Page 8 of 9 CONSULTANT: Signed, sealed and delivered CAMP DRESSER & Mc INC. in the presence of: By: Signature Jonathan Z. Goldman, P. EE, Associate Print Name Signature Print Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on , 2007, by Jonathan Z. Goldman as an Associate,respectively,of Camp Dresser&McKee,Inc.,a Florida corporation,on behalf of the corporation. Such person is personally known to me or produced as identification and did (did not) take an oath. NOTARY PUBLIC, State of Florida My commission expires: Page 9 of 9 Exhibit A City of Dania Beach Water Treatment Plant Construction Phasing Plan for Proposed Site Improvements Work Order No. 9 Scope of Work I. Background The City of Dania Beach (CITY) currently owns and operates a water treatment plant (WTP) at a site located on Stirling Road. Plant site improvements have previously been identified and include the addition of a membrane filtration building, a new public works complex, a community center, a fueling station, and a chemical storage facility. The purpose of this Project is for Camp Dresser&McKee Inc. (CONSULTANT) to develop a phasing plan for the proposed site improvements, and determine the stormwater infrastructure improvements required to keep the City in compliance with Broward County Environmental Protection Department stormwater regulations and the existing permit. II. Scope of Work A. Phasing Plan Design Services The CONSULTANT shall perform the following described engineering services for determining the construction phasing plan and stormwater requirements for the construction improvements based on the CITY's development plans for the WTP site. It is the intent of this Scope of Services for the CONSULTANT to provide the CITY with a letter report to be used for planning purposes related to the future site improvements. 1. Kickoff Meeting with City Personnel CONSULTANT will meet with the appropriate CITY personnel to discuss the future plans for the site and all scheduled improvements. At this time the different phases (up to four phases) will be identified. A tentative implementation schedule will be discussed with the City. Cm WO-1 5/16/07 Phasing Plan for Proposed Site Improvements Water Treatment Plant Construction Work Order No. 9 2. Identification of Phasing Plan—Phase I CONSULTANT will identify the components included in the near-term construction project (Phase I). It is anticipated that Phase I will consist of the new Public Works building, associated paving, grading, and drainage improvements, and a temporary stormwater management pond located on the south side of the WTP site. 3. Stormwater Modeling - Phase I CONSULTANT will perform stormwater modeling for Phase I of the planned improvements to determine the associated stormwater infrastructure needed to construct and permit the new Public Works Building and associated improvements. Detailed stormwater calculations and modeling results required for the future construction permit application for the Phase I improvements are not included in this Scope of Services. 4. Meeting with City Personnel CONSULTANT will meet with the appropriate CITY personnel to present the results of the developed Phase I plan and the limits of construction associated with this phase. CONSULTANT will discuss CITY plans for construction and improvements during future phases (up to four phases). 5. Development of Additional Conceptual Phases CONSULTANT will prepare conceptual figures detailing the remaining improvement phases at the WTP site based on information obtained from the City during previous meetings (up to four phases). Stormwater infrastructure improvements will be evaluated at the conceptual level for the additional phases in accordance with Broward County Environmental Protection Department stormwater regulations. The development of the additional Conceptual Phases does not include stormwater calculations and modeling for these preliminary figures. 6. Report Preparation CONSULTANT will prepare a letter report detailing the phasing plan developed during the course of the project. Figures will be included to provide a visual representation of the phasing. Four (4) copies of this letter report will be forwarded to the CITY. Cm WO-2 s/16/a7 Phasing Plan for Proposed Site Improvements Water Treatment Plant Construction Work Order No. 9 B. Project and Quality Management CONSULTANT shall provide the following services related to project and quality management for the project: ■ Quality Control/Technical Review: CONSULTANT shall maintain a program of quality control during this project. A formal Technical Review Committee (TRC) will be formed near the beginning of the design phase. One formal TRC meeting will be scheduled during the design process. The project design team shall present the project design to the TRC and respond to questions and comments. ■ Preparation of Status Reports: CONSULTANT's project manager shall prepare monthly written progress reports summarizing activities completed during the preceding month, and identifying any problems which have arisen, or anticipated needs of the project team. IV. Time of Completion The time of completion is not within the control of the Consultant. The following is a tentative schedule for budgeting purposes: Task Days from Previous Task Days from NTP Kickoff Meeting with City 0 14 Identification of Phasing—Phase I 7 21 Stormwater Modeling Phase I 7 28 Meeting with City 7 35 Conceptual Phase II and Phase III 7 42 Report Preparation 7 49 The above estimates assume that data requested from the City are provided in a timely manner. V. PAYMENT AND COMPENSATION Invoicing for the lump sum portion of the work shall be monthly on a percentage complete basis. A status report will accompany each progress billing. The Lump Sum fee is $11,740. cm WO-3 5/16/07 Phasing Plan for Proposed Site Improvements Water Treatment Plant Construction Work Order No. 9 IN WITNESS OF THE FOREGOING, the parties have executed this Work Authorization effective on the date first appearing above. APPROVED FOR FORM AND CITY OF DANIA BEACH CORRECTNESS A Florida municipal corporation ATTEST: Ivan Pato, CITY Manager Louise Stilson, CITY Clerk Thomas J. Ansbro, CITY Attorney Bob Anton, Mayor Signed, sealed and delivered in the presence: WITNESSES: CAMP DRESSE & cKEE INC. By: � /— Jonathan Z. Got n, P.E. BCEE STATE OF FLORIDA Associate COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 2007,by Jonathan Z. Goldman, as Associate of Camp Dresser& McKee Inc., a Massachusetts corporation authorized to do business in Florida, on behalf of the corporation. He is personally known to me or has produced as identification and did (did not) take an oath. Notary Public,State of Florida (Signature of Notary taking Acknowledgment) Name of Notary Types, Printed or Stamped My Commission Expires: Cm WO-4 5/16/07 CITY OF DANIA BEACH Agenda Item # Agenda Request Item Date of Commission Meeting: 6/26/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: p@Stt kqn (IdeofitY aPRropriate Action or Motion) Authorize the City Manager to purchase exercise equipment in excess of$15,000.00 without comptetive bidding under the Palm Beach County School Board Contract Bid. 5 j Y y'Acttotr iam`s Neces"saty Exercise equipment can be purchased at least cost from Gym Source Florida under the Palm Beach County School Board Contract Bid. Iltaf Acklon-ltccomtNsfies New exercise equipment for C.W. Thomas Recreational Complex Fitness Room. fiasYn'g s{tjeodt.,ONLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ k� R #e9�ftlncf Exercise equipment for Frost Park Fitness Room was also purchased from Gym Source Florida under the Palm Beach County School Board Contract Bid. y 1t�411 1. Resolution 2. Palm Beach County School Board Contract Bid Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Mark T. Felicetty Date 06/18/07 Department Director Kristen Jones Date 06/18/07 Assistant City Manager Colin Donnelly Date 06/18/07 HR Director Date Finance Director Patricia Varney Date 06/18/07 City Attorney Thomas J. Ansbro Date 06/18/07 City Manager Ivan Pato Date 06/18/07 b A 4 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-115 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE GYM EQUIPMENT FOR THE C.W. THOMAS PARK FITNESS ROOM IN AN AMOUNT NOT TO EXCEED $30,000.00 FROM GYM SOURCE INC., UNDER THE SCHOOOL BOARD OF PALM BEACH COUNTY CONTRACT NO. 04C-20C; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the city government in amounts in excess of Fifteen Thousand Dollars ($15,000.00) without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission and if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental agencies such as the federal government, State of Florida or a Florida county or municipality; and WHEREAS, the City Manager has determined that it is necessary to purchase fitness equipment items for the fitness room at C.W. Thomas Park in an amount not to exceed $30,000.00 from Gym Source Inc.; and WHEREAS, the City Manager has determined that such purchase can be made at the least cost to the City by purchasing such items from Gym Source Inc., under the School Board of Palm Beach County Contract Bid No. 04C-20C, a copy of which is attached to this Resolution and made a part of it as Exhibit"A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to pay Gym Source Inc. an amount not to exceed $30,000.00 for fitness equipment items for C.W. Thomas Park. Section 2. That the funding for this purchase will be derived from the applicable General Obligation Bond proceeds in the Capital Projects Fund in an amount not to exceed $30,000.00. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution shall be repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 26, 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMASJ. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-115 FROM Oscwlf� : LESC PHONE NO. : 9547882413 .Tun. 06 2W? 04:14RH P02 ... . .. . . . �.. PAW BEACH COUMrY.FLORIDA aUFErtM MENT OF WHOOLe Uww swwa Dko for Rvr�aaMe aapanauMSW F~Ha aWWmd,StO A323 waft Patin 6awh FL 334e66a13 Phom(561)434-9216 Fax (651)e53d823 February 12,2007 Gym Source Atbt: Robert Lawrence 8452 NW 6th Ct Miami, FL 33150 Sub)em Letter of Agreement Bid Number: 04C-20C TNlet Term Contract for Physioal EducatlonfAthlstla SUPPIM/Equ4MOnt, uniform.,Shirte/8ereenprinting and Embroidery Contract Term: March 11,2007 through March 10,2000 Dear Mr.Lawrence: This is to 0*9 you that the Purchasing Department of the Palm Beach County School District has accepted your otter to renew bid 04C-20C for physical educetion/attie6c suppliadGWipment, uniforms, shirhr/sareenprinting and embroidery as per attached recommendatioritabulatkm. This acceptance is subject to compliance with bid specifications, terms and conditions, all pertinent laws of it*State of Florida and Instructions ae determined by the General Counsal for the School Board. Please check your certificate of insurance (See Special Condbon 'INSURANCE REQUIREMENTS , copy attached)to confirm that it Is current If it is not current. please mail us an updaled orfglinal cerfitkste of Insurance, making sure that your insurance oompany has the School 019W of Palm Beach County, Florlds I The certificate of insurance must reference the above bid number. Purchase orders andfor P-Cards may be utilized to cover physical educatlornlathletic supplies/equlp "K uniforms, shirtslscreenp►IMing and embroidery as the need arlses. Purchase orders or P-Cards are your notification to proceed with fulfilling the School Districts request for equipment/supplies/services. Shipment without proper authorization may result In nonpayment, Thank you for your renewal and we look forward to doing business with you and your company. Sincerely. baron Swart,C.P.M.,Director purchasing DOWI Mans c; bld So O%V v v Carol Moore,Purchasing Agent --.... PYrll erMJ,f:outr SAeoh-ItAbd'A`MlhoHodahpP�� IF"�r.�t�aAdLt7.l'ud An Epal GaraYor,Oppaariq Aarl6ar CITY OF DANIA BEACH Agenda Item7. # Agenda Request Database Date of Commission Meeting: 6/26/2007 Adopt Resolution X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) El Award Bid IRFP F-1 Presentation El Continued from: a. to ;'M Uilw W ;6CM, OY: Approve a solution to hire a contractor to do additional construction work for the setting of the ADA restrooms;at Frost Park and to transfer the necessary funds to pay for the construction work. ........ - - - - HM SN"I' MM WWIM11111 mz- n0l, P The work required exceeds the City Manager's limit of$15,000, therefore Commission approval is required. Additionally, funds necessary to complete the work exceed available funds from FRDAP and the project's original budget, therefore a transfer of funds from the Grant Match fund are required. J "F R, V'r "ERN N L! JM NOW Provides for legal approval to enter into a contract with Coastal Contracting and Development and to provide funds for said contract. ............ yh pig! RM U-111 T U fflP sr,a :R11 V, "MR Dept: 7205 Recreation Frost Park Acct#: 103-7205-572.63-10 Amt: $28,500.00 Fund: General: ❑ Water: ❑ Sewer: El Stormwater: E] Grants: Capital: El The ADA restrooms are part of the Frost Park Phase II project, which was funded in part by the State of Florida's FRDAP grant program. The grant agreement required the City of modify the original "Optimist restroom"to make it ADA compliant. It was subsequently acknowledged that an upgrade was not feasible and new restrooms would be built. The prefabricated restrooms were designed fora 140 mph winds, but were later modified to withstand 150 mph winds. The change in design resulted in change in the engineering to support the structure (pin pylons to auger pylons). The Commission approved in March additional fun iiii engineering services related to change in the pilings. Construction cost have increased due a change in the City's ordinance that now requires the finished floor elevations to be 1' above the FEMA level. As such additional ADA access ramping is now necessary along with a slab to tie them into the structure. Since the site is tight with space, the ramps must be wrapped around the building which will require the ramps to be structurally tied into the slab to allow for even settlement when it occurs. Prior to change to the building elevation, the additional work was to be performed by Public Services. Increase in cost of$28,500 which will be paid for out of the grant match account in the General Fund. tsc�ia`, ytgat t "'r`p" rT t aar�+�.l i EMMv ,., 1: i= , .'' _ Exhibit 1 - Resolution Exhibit 2 -Costs from Coastal Contracting Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Q, �r tt ,... � " x Submitted by Colin Donnelly Date 06/19/07 Deoartment Director Colin Donnelly Date 06/19/07 HR Director Date Finance Director Patricia Varney Date 06/19/07 City Attorney Thomas J. Ansbro Date 06/19/07 CRY Manager Iva,np Pato Date 06/19/07 MPs'qC � f pyt P tiv Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ Revised `Resolution RESOLUTION NO. 2007-118 % 77• A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN CONSTRUCTION SERVICES FOR THE CONSTRUCTION OF ADA RESTROOMS AT FROST PARK FROM COASTAL CONTRACTING AND DEVELOPMENT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $33,600.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the city government in amounts in excess of$15,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS,the City Manager has determined that it is necessary to obtain a contractor to complete additional construction items to build the ADA restrooms at Frost Park, to be supplied by Coastal Contracting and Development, prior to the termination date of the FRDAP grant deadline of July 31, 2007; and WHEREAS, additional funding is required to complete the project outside the orginal engineer's estimates and the funds provided for in the grant agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to pay an amount not to exceed the sum of $33,600.00 to Coastal Contracting, 807 N. Northlake Drive, Hollywood, FL 33019 for construction services related to the ADA restrooms for Frost Park. Section 2. That the Director of Finance is authorized to transfer $33,600.00 from the General Fund to the Grant Fund and appropriate the budget accordingly for such project. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 26, 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION 92007-118 RESOLUTION NO. 2007-118 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN CONSTRUCTION SERVICES FOR THE CONSTRUCTION OF ADA RESTROOMS AT FROST PARK FROM COASTAL CONTRACTING AND DEVELOPMENT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $28,500.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part TII, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the city government in amounts in excess of$15,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS,the City Manager has determined that it is necessary to obtain a contractor to complete additional construction items to build the ADA restrooms at Frost Park, to be supplied by Coastal Contracting and Development, prior to the termination date of the FRDAP grant deadline of July 31, 2007; and WHEREAS, additional funding is required to complete the project outside the orginal engineer's estimates and the funds provided for in the grant agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to pay an amount not to exceed the sum of $28,500.00 to Coastal Contracting, 807 N. Northlake Drive, Hollywood, FL 33019 for construction services related to the ADA restrooms for Frost Park. Section 2. That the Director of Finance is authorized to transfer $28,500.00 from the General Fund to the Grant Fund and appropriate the budget accordingly for such project. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMASJ. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-118 Jun 15 07 12: 53p Coastal Contracting 9549274480 p. l Coastal Contracting & Development, Inc. P. 0. BOX 22-3976 Hollywood, Florida 33022-3976 Ph. 954-920-7444 - Fax; 954-927-4480 GoastalHollywood@aol.com June 15, 2007 City of Dania Beach Leo Williams Fax: 954-929-1109 100 W. Dania Beach Blvd, Dania Beach, FL 33004 RE: Frost Park Bathrooms f Supply all labor and material to complete the following work. : Foundation Perimeter grade beams on piling 8,300 Reinforced slab 3,600 Handicap Ramps Grade beam extensions 2,200 Reinforced ramps 5,400 Aluminum HC railings using 1 Ili' aluminum pipe rail - meets 8.600 ADA-HC Handting and co-ordinating permitting (as agreed) 500 TOTAL $28,600 All required fill supplied and installed by City. Please feel free to contact me with any questions. Sincerely, J� Gary J. McGeddy President CC: Colin Donnelly (954) 921-2604 f i CITY OF DANIA BEACH Agenda Item # /. Agenda Request Item Date of Commission Meeting: 6/26/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: > nested Action #klenfity #ropriate Aeon or Mc*" Authorize the City Manager to contract Summer Camp Staff Services in excess of$15,000.00 without competetive bidding with Deanna Enterprises a.k.a. A1A Employment. To provide Summer Camp Staffing to satisfy the requirements of the City of Dania Beach's 2007 Summer Recreational Program. ft Provides staffing services for the City of Dania Beach's 2007 Summer Camp Program under the supervision of the Parks &Recreation Department. �P 1i IC U ! , Dept: 7208 Recreation Summer Program Acct#: 001-7208-572.31-10 Amt: $39,000.00 Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ The City of Dania Beach has contracted with Al Employment in the past and it has been a successful experience. H, �.. niui� (•4 l .. u2i et o. r 1. Resolution Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 "@gut i E•i E@.�A�4,vuF ti C.C+.GI 2i16@t . `s' .I. ... i.ir Submitted by Mark T. Felicetty Date 06/19/07 Department Director Kristen Jones Date 06/19/07 Assistant City Manager Colin Donnelly Date 06/19/07 HR Director Date Finance Director Patricia Varney Date 06/19/07 City Attorney Thomas J. Ansbro Date 06/19/07 City Manager Ivan Pato Date 06/19/07 X a Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-119 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN DEANNA ENTERPRISES, D/B/A AIA EMPLOYMENT OF MIAMI AND THE CITY OF DANIA BEACH TO PROVIDE SUMMER RECREATION PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO, ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION MANAGEMENT FOR AN AMOUNT NOT TO EXCEED $39,000.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the city commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertisement for bids; and WHEREAS,the City Manager has determined that it is advantageous for the City of Dania Beach to purchase staffing services for the 2007 summer recreational program which commenced on June 4, 2007 and ends on July 27, 2007; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, approves an agreement, for an amount not to exceed $39,000.00, with Deanna Enterprises d/b/a AIA Staffing, for summer program staffing. Section 2. That staffing levels, contract rates and pay rates are reflected in the attached document appendix "A", and the City Manager and City Attorney are authorized to make minor revisions to the agreement as are deemed necessary and proper and in the best interest of the City. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect retroactive to June 4, 2007. PASSED AND ADOPTED on 12007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-119 Appendix "A" SUMMER PROGRAM STAFFING June 4 -July 27 = 40 days POSITION BILL RATE PAY RATE Positions HOURS COST Site Supervisor 16.5 $11 1 360 5940 Head Counselor 15 10 1 360 5400 Counselors 12 8 7 2240 26880 38220 The increased bill rate is justified by the following: 1) Elimination of Recruiting costs (advertising, interviewing, testing costs, screening costs) 2) Elimination of workers comp liability 3) Elimination of unemployment liability 3 RESOLUTION 92007-119 CITY OF DANIA BEACH Agenda Item # ` Agenda Request Item Date of Commission Meeting: 6/26/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: ¢�" NO ADOPT RESOLUTION AUTHORIZING WORK ORDER TO CDM FOR DESIGN SERVICES FOR THE PUBLIC SERVICES COMPOUND. POP- TO PROCEED WITH DESIGN SERVICES FOR PUBLIC SERVICES COMPOUND. THIS FACILITY IS REQUIRED TO MOVE FORWARD WITH MEMBRANE FILTRATION FACILTY CONSTRUCTION. EXISTING PUBLIC SERVICES FACILITIES HAVE TO BE RELOCATED TO MAKE AREA AVAILABLE FOR THE WATER PLANT EXPANSION, ADDITION OF THE 2-MILLION GALLON PER DAY MEMBRANE FILTRATION WATER TREATMENT PROCESS. all 1 RELOCATES PUBLIC SERVICES TO ALLOW CITY TO MOVE FORWARD WITH WATER PLANT EXPANSION REQUIRED TO MEET FUTURE WATER DEMANDS. t Dept: 3902 PS Construction & Maintenance Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ SEE MEMO WATER AND SEWER RETAINED EARNINGS-$262,060.00 owe!�, s MNI e ...e_.r. RESOLUTION MEMO Exhibit 1 —Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 oft .�A6 ��,}�,3�5 t7t?3f iISi311' . Submitted by Leo Williams Date 06/19/07 Department Director Dominic Orlando Date 06/19/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 06/19/07 CRy Attorney Thomas J. Ansbro Date 06/19/07 CHy Manager Ivan Pato Date 06/19/07 sg E+ Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-120 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE DESIGN OF THE PUBLIC SERVICES COMPOUND AND PUBLIC WORKS ADMINISTRATION BUILDING; MAKING FINDINGS; AUTHORIZING THE WORK ORDER FOR $262,060.00 FOR DESIGN SERVICES TO BE PERFORMED BY CAMP DRESSER AND MCKEE, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission previously approved a capital improvement program that included monies for the construction of a Public Services compound, including a new Public Services garage, storage and administration areas; and WHEREAS, the project will replace the older buildings, one structure that had already been removed to clear the way for the new ground storage tank; and WHEREAS, the City requested a work order from Camp, Dresser and McKee for services associated with the design of the Public Services Compound and Public Services Administration Building; and WHEREAS, this work order follows a prior work order for nanofiltration, ground storage tank, project coordination and water main upgrade work orders on the same site; and WHEREAS, specific services are outlined in the attached work order for the design of the Public Services Compound and Public Services Administration Building needed at the site; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing findings are incorporated by reference and made a part of this Resolution. Section 2. That the City Manager is authorized to execute the work order with Camp Dresser and McKee, Inc. in the amount of 262,060.00, to be funded from the Water and Sewer Fund Retained Earnings and that the Director of Finance is authorized to make such appropriation. Section 3. That the City Manager is authorized to delegate responsibility to appropriate City staff to carry out technical, financial, and administrative activities associated with the work order. Section 4. That all resolutions or part of resolutions in conflict with any of the provisions of this Resolution are repealed. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON,CMC CITY CLERK APPROVED AS TO FORM AND LEGALITY THOMAS ANSBRO, CITY ATTORNEY 2 RESOLUTION#2007-120 City of Dania Beach Department of Public Services 100 West Dania Beach Blvd• Dania Beach FL 33004-(954)924-3741 •(954) 923-1109(fax) TO: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Patricia Varney, Finance Director VIA: Dominic F. Orlando, P.E. Director of Public Services Date: May 31, 2007 RE: Approval of Work Order No. 10 for Design Services for the new Public Services Compound And Public Services Administration Building Introduction and Background The City Commission previously adopted as part of its Capital Improvement Project plans the relocating and building of a new Public Services Compound and Public Services Administration Building. The City requested a work order from Camp, Dresser and McKee for services associated with engineering services associated with the design of a new Public Services Compound and Public Services Administration Building. Camp, Dresser and McKee is the design engineer for the tank, high service pumps, nanofiltration plant and water plant upgrades and coordination and phasing of the improvements. A new Public Services Compound and Public Services Administration Building is needed to make the existing areas adjacent to the water plant available for the proposed 2-mgd water plant expansion. The existing facilities must be relocated to allow the water plant to expand and meet future water demand requirements. Addresing the new Public Services Compound and Public Services Administration Building is a major component of this process. WWCIP—CDM #10—Phasing of Proposed Improvements for the Water Plant Upgrades 06-19-07 Page 1 ,rf. -: City of Dania Beach Department of Public Services -_---- _._...__._.. __.-,.. ---____-- 100 West Dania Beach Blvd • Dania Beach,FL 33004 (954)924-3741 •(954)-923-1109(fax) Recommendation It is recommended that the City Commission approve Work Order No. 10 with Camp, Dresser and McKee in the amount of $260,060.00 for services associated with the design of the Public Services Compound and Public Services Administration Building and authorize the City Manager to execute same. WWCIP—CDM #10—Phasing of Proposed Improvements for the Water Plant Upgrades 06-19-07 Page 2 AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on 2007, between: THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation, (the "City") and Camp Dresser & McKee Inc. (the "Consultant"). In consideration of the mutual covenants,terms and conditions contained in this Agreement, and other good and valuable consideration,the adequacy and receipt of which are acknowledged,the parties agree as follows: 1. Scope of Services. The Consultant agrees to perform consultant services for the City in accordance with the scope of services described in Exhibit"One",(Engineering Service for Public Works and Public Services Administration Building — Work Order No. 10) a copy of which is attached and made a part of this Agreement by this reference. The Parties acknowledge and agrees that services are to commenced or will commence on 2007 and that that date is the effective date and commencement date of the services. 2. Subcontracts. Consultant may subcontract certain items of work. It is expressly agreed by the parties, however,that the City shall approve in advance in writing any subcontractors and the fees to be paid them by Consultant prior to any such subcontractor proceeding with any such work. 3. Payment for Services. A. City agrees to pay Consultant for services provided by Consultant, as described in Section 1, an agreed upon lump sum amount of Two Hundred Forty Three Thousand Five Hundred and Sixty Dollars ($243,560.00) (the "Fee"). Plus an additional Eighteen Thousand Five Hundred Dollars($18,500.00)not to exceed amount for Geotechnical and Surveying. The Fee includes full payment, including all labor, overhead and other costs. The additional not to exceed amount will be paid based on approved invoices. No travel and meal costs are reimbursable unless incurred outside of Miami-Dade,Broward and Palm Beach Counties, approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate. B. Any necessary additional work, as determined by City, which is not covered by the scope of services described in the attached Exhibit"One", shall not be undertaken without a written amendment to this Agreement to that effect, executed in advance by both parties. C. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. D. City shall pay Consultant monthly for services rendered within thirty (30) calendar days from date of approval of each of Consultant's invoices by the City Manager. If any errors or omissions are discovered in any invoice, City will inform Consultant and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. E. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. 4. Indemnification of Citv. A. Consultant agrees to indemnify and hold harmless the City for all costs,losses and expenses including,but not limited to,damages to persons or property including,but not limited to,judgments and attorneys' fees arising out of the negligent acts,errors or omissions or the willful misconduct of the Consultant, its agents, servants or employees in the performance of services under this Agreement. If called upon by the City, the Consultant shall assume and defend not only itself, but also the City,in connection with any suit or cause of action arising out of the foregoing,and such defense shall be at no cost or expense whatsoever to the City. This indemnification does not extend to acts of third parties who or which are wholly unrelated to Consultant. The covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to Consultant's responsibility to indemnify the City. B. It is specifically understood and agreed that the consideration inuring to the Consultant for the execution of this Agreement consists of the promises,payments,covenants,rights and responsibilities contained in this Agreement. C. The execution of this Agreement by the Consultant shall obligate the Consultant to comply with the foregoing indemnification provision; however, the collateral obligation of providing insurance must be also complied with as set forth below. 5. Insurance. Consultant shall provide,pay for and maintain in force at all times during the term of this Agreement, such insurance, including professional liability insurance, Workers' compensation insurance and comprehensive general liability insurance as stated below: A. Professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00) to assure the City of coverage of the indemnification specified in this Agreement. B. Workers' compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Consultant's employees. C. Comprehensive general liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The City is to be included as an "additional insured" with respect to any claims arising out of this Agreement. Page 2 of 8 D. Automobile Liability with minimum limit of One Million Dollars ($1,000,000.00) combined single limit. E. If Consultant hires a subcontractor for any portion of any work, then such subcontractor shall provide general liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). F. The Consultant shall provide the Risk Manager of the City Certificates of Insurance for coverages and policies required by this Agreement. All certificates shall state that the City shall be given thirty (30) days' advance notice prior to expiration or cancellation of any policy. Such policies and coverages shall not be affected by any other policy of insurance which the City may carry in its own name. 6. Assignment of Agreement. A. It is understood and agreed by both parties that this Agreement,in whole or in part, cannot be assigned, sublet or transferred by the Consultant without the prior written consent of City. The City is relying upon the apparent qualifications and expertise of John Goldman, one of Consultant's principals, and such person's familiarity with the City's circumstances and desires. In the event Consultant wishes to re-assign or replace such individual, the Consultant shall tender substitutes acceptable to City. In the event the City is not,for any reason or no reason at all, satisfied with such substitute, Consultant shall be considered in breach of this Agreement. Violation of the terms of this paragraph shall constitute a breach of Agreement by Consultant and City may, at its discretion,terminate this Agreement for cause and all rights,title and interest of Consultant in this Agreement shall then cease and terminate. B. The Consultant acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other consultants (the "Supporting Consultants"). The Consultant agrees to use its best efforts to coordinate its services with the services of the Supporting Consultants and further agrees that in the event the rendition of any services of any of the Supporting Consultants is delayed, such delay will not entitle the Consultant to any additional compensation or payment of any kind. Furthermore,the Consultant shall not be entitled to an increase in compensation,or be entitled to payment of any kind from the City,for damages or expenses incurred which are direct,indirect or consequential or other costs and lost profits of any kind including, but not limited to, costs of acceleration, inefficiency or extended overhead, arising because of any other delay, disruption, interruption, interference or hindrance from any cause whatsoever, whether such delay,disruption or interference be reasonable or unreasonable,foreseeable or unforeseeable,or avoidable or unavoidable;provided,however,that this provision shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud, bad faith or active malicious interference on the part of the City. The Consultant shall only be entitled to extensions of time for performance as the exclusive and sole remedy for delay. Page 3 of 8 7. Examination of Records. Consultant shall maintain books,records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Consultant shall also maintain the financial information and data used by the Consultant in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes,may have application to records or documents pertaining to this Agreement and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. S. Termination. A. Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant notice by certified mail, return receipt requested, directed to the principal office of the Consultant, thirty (30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by City after conferring with Consultant. B. Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Consultant five (5) days' advance written notice. If Consultant promptly cures the matter giving rise to the cause within that time, this Agreement shall continue. If not timely cured,the Agreement will stand terminated and the City will pay Consultant for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience. 9. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Consultant (and Consultant's independent professional subcontractors or subconsultants) pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory common law and other reserved rights, including copyright; however, such documents are not intended or represented by Consultant to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document without written verification or permission by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant or to Consultant's independent professional subconsultants. If City alters any such documents, City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. Page 4 of 8 10. Notices. Except as provided above,whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present,the parties designate the following as the respective persons and places for giving of notice: City: Ivan Pate, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Consultant: Jonathan Z. Goldman, P.E., DEE Camp Dresser & McKee Inc. 6365 N.W. 6 h Way, Suite #320 Fort Lauderdale, Florida 33309 11. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal action arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida, or the federal District Court in the Southern District of the United States. Each party further agrees that venue of any action to enforce this Agreement shall be in Broward County, Florida. 12. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 13. Attorneys' Fees and Costs. If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and reasonable attorneys' fees. 14. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this reference. 16. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. Page 5 of 8 17. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments,agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. 18. Consultant and its employees and agents shall be and remain independent contractors and not employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. 19. The Consultant understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract,verbal or written,made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1)year,but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without City's written verification that the funds necessary for Consultant compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 20. Consultant warrants and represents that no elected official,officer,agent or employee of the City has a financial interest,directly or indirectly,in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a "purchasing agent"as defined in Chapter 112,Florida Statutes, nor any elected or appointed officer of the City of Dania Beach,nor any spouse or child of such purchasing agent,employee or elected or appointed officer, is a partner, officer, director or proprietor of the Consultant and,further, that no such City employee,purchasing agent,City elected or appointed officer,or the spouse or child of any of them,alone or in combination,has a material interest in the Consultant. Material interest means direct or indirect ownership of more than five percent (5%)of the total assets or capital stock of the Consultant. 21. Consultant shall comply with all federal, state and City laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment,the Americans With Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Consultant's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 22. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including, but not limited to, all terms and provisions governing compensation). Page 6 of 8 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year fist above written. CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON BOB ANTON CITY CLERK MAYOR 1VAN PATO, CITY MANAGER APPROVED FOR FORM APPROVED AS TO "SCOPE OF AND CORRECTNESS: SERVICES" THOMAS J. ANSBRO DOMINIC F. ORLANDO, P.E. CITY ATTORNEY PUBLIC SERVICES DIRECTOR Page 7 of 8 CONSULTANT: WITNESSES: CArA( ��es�e Signature Signature M. F . M0LP ► �JQ Print Name Print Name/Title Signature 1", 0- Prim STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on , 2007 p n ciA c y, Z (COI C1 M 4 A as SO/—i a"IE Z_-- respectively, of He/she/they-e -r eMsor Hall known to me�or ha e co��tilo� on behalf of the corporation. p y produced as identification and didTdi not to e an oa NO ARY PUBLIC, State of Florida My commission expires: w,µ LORETTA C.DONOFRIO NoMy POW-Stab ofFbft i Conminbn EapYae Ater 14,2M Commbebn q DD 407279 BdiAea By Nadonel Notary Aean. Page 8 of 8 Exhibit One City of Dania Beach Engineering Services for Public Works and Public Services Administration Building Work Order No. 10 Scope of Work I. Background The City of Dania Beach (CITY) currently owns and operates a water treatment plant (WTP) at a site located on Stirling Road. Plant site improvements have previously been identified and include the addition of a new Maintenance/Garage, Public Works and Public Services Administration Building. The purpose of this Project is for Camp Dresser & McKee Inc. (CONSULTANT) to uroduce contract design documents for the building to be bid by the CITY. This scope of work is for professional engineering services associated with design phase services for the Maintenance/Garage, Public Works and Public Services Administration Building, Bidding, Award, and Construction-phase services could be provided under a separate work authorization to be executed following completion of design. I1. Scope of Work A. Design Phase Services 1. Kickoff Meeting with CITY Personnel CONSULTANT will meet with the appropriate CITY personnel to discuss in detail the plans for the new building. A project schedule will be discussed with the CITY. 2. Design Plans and Specifications The CONSULTANT shall prepare construction Contract Documents for the proposed Maintenance/Garage,Public Works and Public Services Administration Building suitable for bidding by qualified general contractors. The level of detail and information to be shown on the drawings shall be in conformance with generally accepted standards of the engineering and construction industry. It is anticipated that the drawing set will include the following disciplines: • General • Civil • Architectural cm 5/18/07 Page i of 7 Dania Beach WTP ADMIN Scope 60109.doc Engineering Services For Design of Public Works Admin Bldg Work Order No. 10 Structural • HVAC • Plumbing • Electrical The building shall be a pre-engineered, metal building approximately 75'-0" x 200'-0" with three distinct areas separated by masonry walls. The three areas comprise a Maintenance/Garage area, a Public Works area and a Public Services area, with internal associated spaces, such as offices,break room, toilet and shower rooms. The CITY's spatial program requirements for the building will be based on the preliminary building floor plans developed by Calvin, Giordano & Associates dated August 2006. (Exhibit A attached). The building maintenance/garage area will include pits, lifts, welders, oil & lube systems, and compressed air systems. The maintenance/garage area will be designed with an exhaust source capture system to accommodate running motor vehicle engines. Break rooms will be designed to include microwave and refrigerator only. An electric stove will be included for emergencies. The following items are not included in this scope of work: • Furniture and furniture layouts. Work benches and countertops other than in the break rooms. • Fire suppression (sprinkler) systems. Based on the preliminary building floor plan,it is assumed that fuel storage and building square footage will be below the allowable exempt amounts, and that a fire suppression system will not be required. Telephone systems, IT/WAN/LAN systems, Closed Circuit TV, and security system design. CDM will provide the following deliverables to the Owner for review and comment: • 90 percent complete documents- three (3) sets of drawings and specifications • 100 percent complete documents - three (3) sets of drawings and specifications • One reproducible set of completed drawings and specifications will be provided for advertising and distribution to potential bidders Signed and sealed Building permit sets—three (3) sets of drawings and specifications. 3. Opinion of Probable Construction Cost CONSULTANT shall prepare and submit an opinion of probable construction cost for the 100 percent complete submittal of Construction Documents which is based on the improvements reflected in the accompanying Construction Document submittal. cm 5/18/07 Page 2 of 7 Dania Beach WTP ADMIN Scope 60109.doc Engineering Services For Design of Public Works Admin Bldg Work Order No. 10 4. Permitting This task consists of the preparation by the CONSULTANT of necessary construction permit applications to the Broward County Environmental Protection Department (EPD) and the City of Dania Beach Building Department having jurisdiction over this project. Broward County EPD - The Construction Environmental Resource Permit (ERP) will be limited to the construction area associated with the proposed building in the southern portion of the WTP site. In the event that EPD requirements exceed the limits of construction,CONSULTANT will prepare a contract amendment for the additional work. This scope of work anticipates the preparation of one (1) response to requests for additional information (RFI), as necessary to clarify the original application from EPD. CITY Building Department- It is anticipated that the proposed improvements may require approval during the design phase from various departments within the CITY Building Department (e.g.,planning and zoning, community appearance board, etc.). CONSULTANT shall provide sets of construction documents for submittal for this purpose. CONSULTANT shall coordinate this submittal(s) and respond to comments generated through the review process. Building Department responses to requests for additional information shall be completed under the upper limit portion of this scope. 5. Bidding/Award Services Bidding/award services are not included in this scope of work. B. Supplemental Services Survey and Geotechnical Data - The design development will require that a partial site survey and geotechnical data be provided for that portion of the site where the building is to be located. The survey would locate and identify site utilities,pervious and impervious surfaces, soil conditions and data necessary to develop the design. The geotechnical investigation will provide recommendations for surface preparation and for the design of the proposed structures. Building Department Responses—These responses to request for additional information shall be completed under this Supplemental Services—Building Permits RFIs upper limit portion of the scope of work. CM 5/18/07 Page 3 of 7 Dania Beach WTP ADMIN Scope 60109.doc Engineering Services For Design of Public Works Admin Bldg Work Order No. 10 C. Project and Quality Management CONSULTANT shall provide the following services related to project and quality management for the project: o Project Update/Progress Meetings: the CONSULTANT's project manager shall prepare for and attend monthly status reporting meetings throughout the life of the project. More frequent meetings may be undertaken from time to time depending on project schedule. o Quality Control/Technical Review: CONSULTANT shall maintain a program of quality control during this project. A formal Technical Review Committee (TRC), comprised of senior specialists, will be formed near the beginning of the design phase. One formal TRC meetings will be scheduled during the design process (90%). The project design team shall present the project design to the TRC and respond to questions and comments. o Preparation of Status Reports: CONSULTANT's project manager shall prepare monthly written progress reports summarizing activities completed during the preceding month,and identifying any problems which have arisen, or anticipated needs of the project team. III. Time of Completion Due to the reliance on regulatory responses from reviewing agencies, the time of completion is not within the control of the CONSULTANT. The following is a tentative schedule for budgeting purposes for the project deliverables: Task Days from Previous Task Days from NTP Kick Off Meeting 7 7 90%Design Documents 90 97 CITY Review 14 I11 100% Design Documents 42 153 CITY Review 14 167 Bid Set 14 181 The above estimates assume that data inputs requested from the CITY are provided in a timely manner, and that CITY comments on the progress submittal are provided within the timeframe noted above. cm 5/18/07 Page 4 of 7 Dania Beach WTP ADMIN Scope 60109.doc Engineering Services For Design of Public Works Admin Bldg Work Order No. 10 IV. Payment and Compensation Invoicing for the Lump Sum portion of the work shall be monthly on a percentage complete basis. Invoicing for the Upper Limit portions of the work shall be monthly based on costs incurred. A status report will accompany each progress billing. The Lump Sum fee for the Design Phase Services is$243,560. The Upper Limit fee for Supplemental Services (Geotechnical and Surveying, and CITY Building Department Responses) is $18,500. CM 5/18/07 Page 5 of 7 Dania Beach WTP ADMIN Scope 60109.doc Engineering Services For Design of Public Works Admin Bldg Work Order No. 10 IN WITNESS OF THE FOREGOING, the parties have executed this Work Authorization effective on the date first appearing above. APPROVED FOR FORM AND CITY OF DANIA BEACH CORRECTNESS A Florida municipal corporation ATTEST: Ivan Pato, CITY Manager Louise Stilson, CITY Clerk Thomas J. Ansbro,CITY Attorney Bob Anton, Mayor Signed, sealed and delivered in the presence: WITNESSES: CAMP DRESSER& McKEE INC. t Y'� By: Jonathan Z. Gold P.E. BCEE STATE OF FLORIDA Associate COUNTY OF BROWARD g The foregoing instrument was acknowledged before me on / 2007,by Jonathan Z. Goldman, as Associate of Camp Dresser & McKee Inc., a Massachusetts corporation authorized to do business in Florida, on behalf of the corporation. He is personally known to me or has produced as identification and did (did t) to e an oath.n otary Public, State of Florida (Signature of Notary taking Acknowledgment) Name of Notary Types, Printed or Stamped MyC ti,, LORETTA C.DONOFRIO Notary Public-State of Fbrida -;� Commission k DD 407279 9onded By National Nomy Am. cm 5/18/07 Page 6 of 7 Dania Beach WTP ADMIN Scope 60109.doc Engineering Services For Design of Public Works Admin Bldg Work Order No. 10 Exhibit A Conn 5/18/07 Page 7 of 7 Dania Beach WTP ADMIN Scope 60109.doc Engineering Services For Design of Public Works Admin Bldg Work Order No. 10 Exhibit A Conn 5/18/07 Page 7 of 7 Dania Beach WTP ADMIN Scope 60109.doc I III_-_----- .__- -__- ICL I I 1 0 I L I - I I I --a��?.f-.IE .Pt�• 6.f .-2i— �� I I 6 I III I 1 II I m I I a LL to cz W it ti ® � `i L �• QQ I 1 -1 ^I F-I :-. z I ■ I I I M I i 3�6 I -1 T I Uajf I I i ' I 869 it e g$ g I t cs. _ l yas yy� yyg ==— r _ 4 } I I � I I I I r I I I , a — _ I v I OOOO7 _ 3 m I [IDOOOoi= 4 - L JLLLL�f,c- - _ ___ _J I 64 n Ik I � — N 1 J a6 5 a^ G 4 a ZV Oz O > It i m a I m m aF I I s Z m ' as 5 3 s - ei s�P .c: F a85 E 9� I - 1 d� II — t I I a g I � II° 3 k b li a i z W E w O z i U w a m � IL I Z fA 3 �s ao i Ij II I 6 a e t_ a z m O z O d it 2 2 � U � m < a ifiEfiE ,s 82Y IMy• Y!'v b� I 6_ l i _ I 5 C I S C k 4� a O 0 ' Z I Q � � CL W W I J W m C ' aW _ z w as c � all II �� �a B% s i L i I e a 1 � Y CITY OF DANIA BEACH Agenda Item # /. / Agenda Request Item Date of Commission Meeting: 6/26/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: FT®c s# tf#,#,ort (Ideofty appropriate Action or Motion) ADOPT RESOLUTION AUTHORIZING CONTRACT WITH CAPRI INDUSTRIES FOR SOLAR STREET LIGHTING NEIGHBORHOOD IMPROVEMENT ADVISORY BOARD (NIAB) PROJECT. Awn Necessary TO MOVE FORWARD WITH SOLAR STREET LIGHTING IMPROVEMENTS FOR NIAB PROJECT WHICH IS PART OF THE G.O. BOND ISSUE. Il hatAOld itl.11cc tpifshe's # prlid;Iiuestsf3NLY Dept: 4101 Public Services Streets Acct#: 301-4101-541.63-10 Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ° tth �pttnt�tfon/l3ackgraund SEE MEMO ilto hiaCost st►mmery G.O. BOND tbiiRAhed RESOLUTION MEMO Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 5 Exhibit 7 Exhibit 8 1cttit!d$a$mtrres Submitted by Leo Williams Date 06/19/07 Department Director Dominic Orlando Date 06/19/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 06/19/07 City Attorney Thomas J. Ansbro Date 06/19/07 City Manager Ivan Pato Date 06/19/07 i110, rtr: Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-121 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING TO THE AWARD OF A CONTRACT TO CAPRI INDUSTRIES, INC. FOR SOLAR STREET LIGHTING; WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $720,800.00; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the city government in amounts in excess of$15,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the scope of services for this project involves the purchase and installation of solar lights as part of the Neighborhood Improvement Advisory Board ("NIAB") Project of the City as designated by Chen and Associates, Inc. and is desireable to improve the safety of the affected neighborhoods; and WHEREAS, the City Manager has determined that it is necessary to install solar lighting as part of the City's NIAB Project; and WHEREAS, funding for this project will come from the Neighborhood Improvement General Obligation Bond Program funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to pay an amount not to exceed the sum of$720,800.00 to Capri Industries Inc. and the proper City officials are authorized to execute the contract for the work; provided, however that no contract will become effective unless and until City officials complete their execution of it. Section 2. That the Director of Finance is authorized to appropriate the budget for the specified amount in the Capital Projects Fund, to be funded from the applicable General Obligation Bond proceeds. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION #2007-121 �8�wr�av 'a City of Dania Beach Department of Public Services 100 West Dania Beach Blvd - Dania Beach, FL 33004 • (954)924-3741 .(954)- 923-1109(fax) TO: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services Date: June 19, 2007 RE: Approval of Contract Award to Capri Industries, Inc. for Solar Street Lighting Project Introduction and Background As part of the GO Bond Neighborhood Improvement Advisory Board (NIAB) Project, street lighting in various areas was one of the main requests of the advisory Board and Staff has found the quickest and most cost effective way to move on this project is to use the Company, Capri Industries, Inc. that was the lowest bidder on this work previously and finished the CDBG Solar Street Lighting Project very commendably. The bid for the CDGB Project for 124 fixtures was $1,077,390.00 (unit cost of $8,689). The project amount of $720,800.00 for the NIAB Project is based on providing 85 fixtures at a unit cost approximately $200.00 less than the CDGB Project bid amount. Final price and number of units will be negotiated with the contractor. Recommendation It is recommended that the City Commission approve a resolution to award the NIAB Project to, Capri Industries, Inc. in the amount of $720,800.00 and authorize the City Manager to execute the documents. Solar Light Award 1-26-07 Page 1 7e CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pate, City Manager Mary McDonald, Human Resources Director/Risk Manager Larry Leeds, Community Development Phil Reeves, Building Official FROM: Tom Ansbro, City Attorney DATE: June 19, 2007 RE: Renewal of Contract for ADA (Americans with Disabilities Act) Consulting Services It is necessary to continue to retain the services of the City's ADA consultant to ensure that all City facilities, both those which exist and those which are proposed, comply with the ADA. No expertise is available in-house or through the Building Division, so consultant services continue to be needed. As I recently discussed with each of you, renewal of the existing contract is desirable since the consultant is the person who created the City's "Transition Plan", which arose as a result of the settlement of ADA litigation filed several years ago in which the City was named as the principal party. Training of City employees is a part of the services and sessions will continue to be held with the assistance of the Human Resources Division. City Commission approval (Resolution) is needed to authorize the new contract. I do not anticipate that the cost will exceed $25,000.00 for the next twelve (12) months. TJA:slw Attachment RESOLUTION NO. 2007-122 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH PROFESSIONAL ACCESS SERVICES, INC., TO PROVIDE FOR THE CONTINUATION OF CONSULTING SERVICES TO THE CITY IN CONNECTION WITH CITY COMPLIANCE WITH THE FEDERAL LAW KNOWN AS THE "AMERICANS WITH DISABILITIES ACT" (THE "ADA") IN AN AMOUNT NOT TO EXCEED $25,000.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that the City Commission may, during unusual conditions or emergencies, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertising for bids; and WHEREAS,the City Attorney has recommended that it is necessary to continue to obtain ADA consulting services for the City; and WHEREAS, such services can best be obtained through a contract with Professional Access Services, Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain Agreement with Professional Access Services, Inc., attached in substantial form as Exhibit "A" is approved and the proper City officials are authorized to execute such Agreement for an amount not to exceed $25,000.00. Section 2. That the City Manager and City Attorney are authorized to make revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Funding shall be derived from the General Fund. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMASJ. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-122 Exhibit "A" Resolution #2007-122 AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on 200 , between: THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation, (the "City")and PROFESSIONAL ACCESS SERVICES, INC. (the"Consultant"). In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree as follows: 1. Scope of Services. The Consultant agrees to perform consultant services for the City in accordance with the scope of services described in Exhibit "A", a copy of which is attached and made a part of this Agreement by this reference. The Parties acknowledge and agree that services commenced on and that that date is the effective date and commencement date of the services. 2. Subcontracts. Consultant may subcontract certain items of work. It is expressly agreed by the parties, however, that the City shall approve in advance in writing any subcontractors and the fees to be paid them by Consultant prior to any such subcontractor proceeding with any such work. 3. Payment for Services. A. City agrees to pay Consultant for services provided by Consultant, as described in Section 1, an agreed upon lump sum amount of Twenty-Five Dollars ($25,000.00) (the "Fee"). The Fee includes full payment, including all labor, overhead and other costs. No travel and meal costs are reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties, approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate. B. Any necessary additional work, as determined by City, which is not covered by the scope of services described in the attached Exhibit "One", shall not be undertaken without a written amendment to this Agreement to that effect, executed in advance by both parties. C. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. D. City shall pay Consultant monthly for services rendered within thirty (30) calendar days from date of approval of each of Consultant's invoices by the City Manager. If any errors or omissions are discovered in any invoice, City will inform Consultant and request revised copies of all such documents. If any disagreement arises as to payment of any portion of 3 RESOLUTION#2007-122 an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. E. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. 4. Indemnification of City. A. Consultant agrees to indemnify and hold harmless the City for all costs, losses and expenses including, but not limited to, damages to persons or property including, but not limited to,judgments and attorneys' fees arising out of the negligent acts, errors or omissions or the willful misconduct of the Consultant, its agents, servants or employees in the performance of services under this Agreement. If called upon by the City, the Consultant shall assume and defend not only itself, but also the City, in connection with any suit or cause of action arising out of the foregoing, and such defense shall be at no cost or expense whatsoever to the City. This indemnification does not extend to acts of third parties who or which are wholly unrelated to Consultant. The covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to Consultant's responsibility to indemnify the City. B. It is specifically understood and agreed that the consideration inuring to the Consultant for the execution of this Agreement consists of the promises, payments, covenants, rights and responsibilities contained in this Agreement. C. The execution of this Agreement by the Consultant shall obligate the Consultant to comply with the foregoing indemnification provision; however, the collateral obligation of providing insurance must be also complied with as set forth below. 5. Insurance. Consultant shall provide, pay for and maintain in force at all times during the term of this Agreement, such insurance, including professional liability insurance, Workers' compensation insurance and comprehensive general liability insurance as stated below: A. Professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00) to assure the City of coverage of the indemnification specified in this Agreement. B. Workers' compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Consultant's employees. C. Comprehensive general liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage RESOLUTION #2007-122 Page 4 of 12 liability. The City is to be included as an "additional insured" with respect to any claims arising out of this Agreement. D. Automobile Liability with minimum limit of One Million Dollars ($1,000,000.00) combined single limit. E. If Consultant hires a subcontractor for any portion of any work, then such subcontractor shall provide general liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). F. The Consultant shall provide the Risk Manager of the City Certificates of Insurance for coverages and policies required by this Agreement. All certificates shall state that the City shall be given thirty (30) days' advance notice prior to expiration or cancellation of any policy. Such policies and coverages shall not be affected by any other policy of insurance which the City may carry in its own name. 6. Assignment of Agreement. A. It is understood and agreed by both parties that this Agreement, in whole or in part, cannot be assigned, sublet or transferred by the Consultant without the prior written consent of City. The City is relying upon the apparent qualifications and expertise of Stephen Roth, R.A., one of Consultant's principals, and such person's familiarity with the City's circumstances and desires. In the event Consultant wishes to re-assign or replace such individual, the Consultant shall tender substitutes acceptable to City. In the event the City is not, for any reason or no reason at all, satisfied with such substitute, Consultant shall be considered in breach of this Agreement. Violation of the terms of this paragraph shall constitute a breach of Agreement by Consultant and City may, at its discretion, terminate this Agreement for cause and all rights,title and interest of Consultant in this Agreement shall then cease and terminate. B. The Consultant acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other consultants (the "Supporting Consultants"). The Consultant agrees to use its best efforts to coordinate its services with the services of the Supporting Consultants and further agrees that in the event the rendition of any services of any of the Supporting Consultants is delayed, such delay will not entitle the Consultant to any additional compensation or payment of any kind. Furthermore, the Consultant shall not be entitled to an increase in compensation, or be entitled to payment of any kind from the City, for damages or expenses incurred which are direct, indirect or consequential or other costs and lost profits of any kind including, but not limited to, costs of acceleration, inefficiency or extended overhead, arising because of any other delay, disruption, interruption, interference or hindrance from any cause whatsoever, whether such delay, disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud, bad faith or active RESOLUTION #2007-122 Page 5 of 12 malicious interference on the part of the City. The Consultant shall only be entitled to extensions of time for performance as the exclusive and sole remedy for delay. 7. Examination of Records. Consultant shall maintain books, records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Consultant shall also maintain the financial information and data used by the Consultant in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have application to records or documents pertaining to this Agreement and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. 8. Termination. A. Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant notice by certified mail, return receipt requested, directed to the principal office of the Consultant, thirty (30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by City after conferring with Consultant. B. Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Consultant five (5) days' advance written notice. If Consultant promptly cures the matter giving rise to the cause within that time, this Agreement shall continue. If not timely cured, the Agreement will stand terminated and the City will pay Consultant for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience. 9. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Consultant (and Consultant's independent professional subcontractors or subconsultants) pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory common law and other reserved rights, including copyright; however, such documents are not intended or represented by Consultant to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document RESOLUTION #2007-122 Page 6 of 12 without written verification or permission by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant or to Consultant's independent professional subconsultants. If City alters any such documents, City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. 10. Notices. Except as provided above, whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the parry for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: City: Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Consultant: Stephen Roth, R.A. Professional Access Service, Inc. 10146 Dover Carriage Lane Lake Worth, FL 33449 11. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal action arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida, or the federal District Court in the Southern District of the United States. Each party further agrees that venue of any action to enforce this Agreement shall be in Broward County, Florida. 12. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 13. Attorneys' Fees and Costs. If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and reasonable attorneys' fees. 14. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this reference. RESOLUTION #2007-122 Page 7of12 16. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 17. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terns of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. 18. Consultant and its employees and agents shall be and remain independent contractors and not employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. All agents, employees and subcontractors of the Consultant retained to perform services pursuant to this Agreement shall comply with all laws of the United States concerning work eligibility. 19. The Consultant understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract, verbal or written, made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without City's written verification that the funds necessary for Consultant compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. RESOLUTION#2007-122 Page 8 of 12 20. Consultant warrants and represents that no elected official, officer, agent or employee of the City has a financial interest, directly or indirectly, in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a "purchasing agent" as defined in Chapter 112, Florida Statutes, nor any elected or appointed officer of the City of Dania Beach, nor any spouse or child of such purchasing agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the Consultant and, further, that no such City employee, purchasing agent, City elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the Consultant. Material interest means direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of the Consultant. 21. Consultant shall comply with all federal, state and City laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment, the Americans With Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Consultant's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 22. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including, but not limited to, all terms and provisions governing compensation). IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year fist above written. CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER IVAN PATO, CITY MANAGER APPROVED FOR FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY 10 RESOLUTION #2007-122 CONSULTANT: WITNESSES: Signature Signature Print Name Print Name/Title Signature Print Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me on 200 , by , as respectively, of , a corporation, on behalf of the corporation. He/she/they is/are personally known to me or have produced as identification and did (did not) take an oath. NOTARY PUBLIC, State of Florida My commission expires: 11 RESOLUTION#2007-122 EXHIBIT "A" Professional Access Services, Inc., the Consultant, located at 10146 Dover Carriage Lane, Lake Worth, Florida 33449, shall assist the City of Dania Beach in complying with the Americans with Disabilities Act (ADA). A Dania Beach employee shall be designated as the City's ADA Coordinator and this person shall be responsible for coordinating ADA responsibilities and obligations for the City. The ADA Coordinator shall represent Dania Beach in fulfilling the City's obligations for these consulting services. Consulting services include the following: l) The Consultant shall assess progress implementing the Transition Plan Matrix contained in the Self Evaluation and Transition Plan (SETP) prepared by the Consultant dated December 16, 2003. This will include a conference with the ADA Coordinator and visits to City owned facilities identified and surveyed in the Transition Plan Matrix. The ADA Coordinator shall facilitate facility visits. The Consultant shall prepare a written report indicating observations and compliance with Transition Plan Matrix. 2) The Consultant shall assess progress implementing the Program Access Implementation Plan contained in SETP. This will include consultation with the ADA Coordinator, City department heads and other key staff members to review policies, procedures and materials needed to comply with the ADA. The ADA Coordinator shall facilitate these consultations. The Consultant shall prepare a written report indicating progress as well as non-progress with the Program Access Implementation Plan. 3) The Consultant shall provide training to key City staff in Title II and Title I obligations under the ADA in order to help the City to implement the recommendations contains in SETP. This training shall be designed to address both general and specific ADA issues for City departments. The ADA Coordinator shall facilitate these sessions including arranging for the attendance of key staff and providing audio-visual equipment that might be needed as well as copying material if requested. 4) The Consultant shall follow-up with the ADA Coordinator and key City staff on issues addressed during training sessions to facilitate implementation. The Consultant shall be available for meetings, phone consultations, plan reviews, ADA interpretations and opinions. The fee for these consulting services shall be on an hourly basis plus reimbursement of out of pocket project related travel expenses. Two Persons shall work on this project for the Consultant, Stephen Roth, RA and Ilene Hyams. The hourly rate for Stephen Roth RA is $160.00 per hour; the hourly rate for Ilene Hyman is $120.00 per hour. The Consultant shall invoice the City monthly. When the maximum fee of$25,000.00 is reached, these consulting services shall end. 12 RESOLUTION#2007-122 AGREEMENT THIS IS AN AGREEMENT (the"Agreement") entered into on , 200 , between: THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation, (the "City") and PROFESSIONAL ACCESS SERVICES, INC. (the "Consultant"). In consideration of the mutual covenants,terms and conditions contained in this Agreement, and other good and valuable consideration,the adequacy and receipt of which are acknowledged,the parties agree as follows: I. Scope of Services. The Consultant agrees to perform consultant services for the City in accordance with the scope of services described in Exhibit"A", a copy of which is attached and made a part of this Agreement by this reference. The Parties acknowledge and agree that services commenced on and that that date is the effective date and commencement date of the services. 2. Subcontracts. Consultant may subcontract certain items of work. It is expressly agreed by the parties,however,that the City shall approve in advance in writing any subcontractors and the fees to be paid them by Consultant prior to any such subcontractor proceeding with any such work. 3. Payment for Services. A. City agrees to pay Consultant for services provided by Consultant, as described in Section 1,an agreed upon lump sum amount of Twenty-Five Dollars($25,000.00)(the "Fee"). The Fee includes full payment,including all labor,overhead and other costs.No travel and meal costs are reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties, approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate. B. Any necessary additional work, as determined by City, which is not covered by the scope of services described in the attached Exhibit"One", shall not be undertaken without a written amendment to this Agreement to that effect, executed in advance by both parties. C. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. D. City shall pay Consultant monthly for services rendered within thirty (30) calendar days from date of approval of each of Consultant's invoices by the City Manager. If any errors or omissions are discovered in any invoice, City will inform Consultant and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. E. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. 4. Indemnification of City. A. Consultant agrees to indemnify and hold harmless the City for all costs,losses and expenses including,but not limited to,damages to persons or property including,but not limited to,judgments and attorneys' fees arising out of the negligent acts,errors or omissions or the willful misconduct of the Consultant,its agents,servants or employees in the performance of services under this Agreement. If called upon by the City, the Consultant shall assume and defend not only itself, but also the City,in connection with any suit or cause of action arising out of the foregoing,and such defense shall be at no cost or expense whatsoever to the City. This indemnification does not extend to acts of third parties who or which are wholly unrelated to Consultant. The covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to Consultant's responsibility to indemnify the City. B. It is specifically understood and agreed that the consideration inuring to the Consultant for the execution of this Agreement consists of the promises,payments,covenants,rights and responsibilities contained in this Agreement. C. The execution of this Agreement by the Consultant shall obligate the Consultant to comply with the foregoing indemnification provision; however, the collateral obligation of providing insurance must be also complied with as set forth below. 5. Insurance. Consultant shall provide,pay for and maintain in force at all times during the term of this Agreement, such insurance, including professional liability insurance, Workers' compensation insurance and comprehensive general liability insurance as stated below: A. Professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00) to assure the City of coverage of the indemnification specified in this Agreement. B. Workers' compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Consultant's employees. C. Comprehensive general liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The City is to be included as an "additional insured" with respect to any claims arising out of this Agreement. D. Automobile Liability with minimum limit of One Million Dollars ($1,000,000.00) combined single limit. Page 2 of 9 E. If Consultant hires a subcontractor for any portion of any work, then such subcontractor shall provide general liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). F. The Consultant shall provide the Risk Manager of the City Certificates of Insurance for coverages and policies required by this Agreement. All certificates shall state that the City shall be given thirty (30) days' advance notice prior to expiration or cancellation of any policy. Such policies and coverages shall not be affected by any other policy of insurance which the City may carry in its own name. 6. Assignment of Agreement. A. It is understood and agreed by both parties that this Agreement,in whole or in part,cannot be assigned,sublet or transferred by the Consultant without the prior written consent of City. The City is relying upon the apparent qualifications and expertise of Stephen Roth, R.A., one of Consultant's principals, and such person's familiarity with the City's circumstances and desires. In the event Consultant wishes to re-assign or replace such individual, the Consultant shall tender substitutes acceptable to City. In the event the City is not, for any reason or no reason at all,satisfied with such substitute, Consultant shall be considered in breach of this Agreement. Violation of the terms of this paragraph shall constitute a breach of Agreement by Consultant and City may, at its discretion, terminate this Agreement for cause and all rights, title and interest of Consultant in this Agreement shall then cease and terminate. B. The Consultant acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other consultants (the "Supporting Consultants"). The Consultant agrees to use its best efforts to coordinate its services with the services of the Supporting Consultants and further agrees that in the event the rendition of any services of any of the Supporting Consultants is delayed, such delay will not entitle the Consultant to any additional compensation or payment of any kind. Furthermore,the Consultant shall not be entitled to an increase in compensation,or be entitled to payment of any kind from the City, for damages or expenses incurred which are direct, indirect or consequential or other costs and lost profits of any kind including, but not limited to,costs of acceleration, inefficiency or extended overhead, arising because of any other delay, disruption, interruption, interference or hindrance from any cause whatsoever,whether such delay, disruption or interference be reasonable or unreasonable,foreseeable or unforeseeable,or avoidable or unavoidable;provided,however,that this provision shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud, bad faith or active malicious interference on the part of the City. The Consultant shall only be entitled to extensions of time for performance as the exclusive and sole remedy for delay. 7. Examination of Records. Consultant shall maintain books,records,documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Consultant shall also maintain the Page 3 of 9 financial information and data used by the Consultant in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes,may have application to records or documents pertaining to this Agreement and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. 8. Termination. A. Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant notice by certified mail, return receipt requested, directed to the principal office of the Consultant, thirty (30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by City after conferring with Consultant. B. Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Consultant five (5) days' advance written notice. If Consultant promptly cures the matter giving rise to the cause within that time,this Agreement shall continue. If not timely cured,the Agreement will stand terminated and the City will pay Consultant for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience. 9. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Consultant(and Consultant's independent professional subcontractors or subconsultants)pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory common law and other reserved rights, including copyright; however, such documents are not intended or represented by Consultant to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document without written verification or permission by Consultant for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant or to Consultant's independent professional subconsultants. If City alters any such documents, City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. 10. Notices. Except as provided above,whenever either parry desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of Page 4 of 9 notice in compliance with the provisions of this paragraph. For the present,the parties designate the following as the respective persons and places for giving of notice: City: Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney 100 West Dania Beach Blvd. Dania Beach, Florida 33004 Consultant: Stephen Roth, R.A. Professional Access Service, Inc. 10146 Dover Carriage Lane Lake Worth, FL 33449 11. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal action arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida, or the federal District Court in the Southern District of the United States. Each party further agrees that venue of any action to enforce this Agreement shall be in Broward County, Florida. 12. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 13. Attorneys' Fees and Costs. If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to, court costs and reasonable attorneys' fees. 14. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this reference. 16. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable,shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 17. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments,agreements or understandings concerning the subject matter of this Agreement that are not contained in this Page 5 of 9 document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. 18. Consultant and its employees and agents shall be and remain independent contractors and not employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement.All agents,employees and subcontractors of the Consultant retained to perform services pursuant to this Agreement shall comply with all laws of the United States concerning work eligibility. 19. The Consultant understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract,verbal or written,made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1)year,but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without City's written verification that the funds necessary for Consultant compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 20. Consultant warrants and represents that no elected official,officer,agent or employee of the City has a financial interest,directly or indirectly,in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a "purchasing agent"as defined in Chapter 112,Florida Statutes,nor any elected or appointed officer of the City of Dania Beach,nor any spouse or child of such purchasing agent,employee or elected or appointed officer, is a partner, officer, director or proprietor of the Consultant and, further, that no such City employee,purchasing agent,City elected or appointed officer,or the spouse or child of any of them,alone or in combination, has a material interest in the Consultant. Material interest means direct or indirect ownership of more than five percent(5%)of the total assets or capital stock of the Consultant. 21. Consultant shall comply with all federal, state and City laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment,the Americans With Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Consultant's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 22. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including, but not limited to, all terms and provisions governing compensation). Page 6 of 9 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year fist above written. CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON, CMC BOB ANTON CITY CLERK MAYOR-COMMISSIONER IVAN PATO, CITY MANAGER APPROVED FOR FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY Page 7 of 9 CONSULTANT: WITNESSES: Signature Signature Print Name Print Name/Title Signature Print Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me on 200 ,by , as respectively, of , a corporation, on behalf of the corporation. He/she/they is/are personally known to me or have produced as identification and did (did not) take an oath. NOTARY PUBLIC, State of Florida My commission expires: Page 8 of 9 EXHIBIT "A" Professional Access Services, Inc., the Consultant, located at 10146 Dover Carriage Lane, Lake Worth, Florida 33449, shall assist the City of Dania Beach in complying with the Americans with Disabilities Act (ADA). A Dania Beach employee shall be designated as the City's ADA Coordinator and this person shall be responsible for coordinating ADA responsibilities and obligations for the City. The ADA Coordinator shall represent Dania Beach in fulfilling the City's obligations for these consulting services. Consulting services include the following: 1)The Consultant shall assess progress implementing the Transition Plan Matrix contained in the Self Evaluation and Transition Plan (SETP) prepared by the Consultant dated December 16, 2003. This will include a conference with the ADA Coordinator and visits to City owned facilities identified and surveyed in the Transition Plan Matrix. The ADA Coordinator shall facilitate facility visits. The Consultant shall prepare a written report indicating observations and compliance with Transition Plan Matrix. 2) The Consultant shall assess progress implementing the Program Access Implementation Plan contained in SETP. This will include consultation with the ADA Coordinator, City department heads and other key staff members to review policies,procedures and materials needed to comply with the ADA. The ADA Coordinator shall facilitate these consultations. The Consultant shall prepare a written report indicating progress as well as non-progress with the Program Access Implementation Plan. 3) The Consultant shall provide training to key City staff in Title II and Title I obligations under the ADA in order to help the City to implement the recommendations contains in SETP. This training shall be designed to address both general and specific ADA issues for City departments. The ADA Coordinator shall facilitate these sessions including arranging for the attendance of key staff and providing audio-visual equipment that might be needed as well as copying material if requested. 4) The Consultant shall follow-up with the ADA Coordinator and key City staff on issues addressed during training sessions to facilitate implementation. The Consultant shall be available for meetings,phone consultations,plan reviews,ADA interpretations and opinions. The fee for these consulting services shall be on an hourly basis plus reimbursement of out of pocket project related travel expenses. Two Persons shall work on this project for the Consultant, Stephen Roth,RA and Ilene Hyams. The hourly rate for Stephen Roth RA is $160.00 per hour;the hourly rate for Ilene Hyman is $120.00 per hour. The Consultant shall invoice the City monthly. When the maximum fee of$25,000.00 is reached, these consulting services shall end. Page 9 of 9 CITY OF DANIA BEACH Agenda Item # 7 Agenda Request Item Date of Commission Meeting: 6/26/2007 Adopt Resolution ❑X Adopt Ordinance (7st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: f+9t i4tstlp�t. rtfityapoptaea, orAOp i APPROVE RESOLUTION tisfieeOW TO APPROVE FUNDING AMENDMENT TO RESOLUTION NO. 2007-112 _d tii3>ajUs ftes ��tiai�itt�i3equests�dNLY Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ f►riR41AWriai ieilBaCkgteund SEE MEMO P1>3t Sttnery ib� a�fi�d RESOLUTION MEMO hibit 1 —Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 �i�zett$tgnatareS Submitted by Leo Williams Date 06/20/07 Department Director Dominic Orlando Date 06/20/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 06/20/07 City Attorney Thomas J. Ansbro Date 06/20/07 City Manager Ivan Pato Date 06/20/07 t Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-124 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2007-112 ADOPTED JUNE 12, 2007 TO REVISE THE FUNDING SOURCE FOR PRE-DESIGN ACTIVITIES ASSOCIATED WITH THE NANOFILTRATION PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. That funding for the project ($153,476.00) shall be derived from the Water Impact Fees' account instead of from the State Revolving Fund. Section 2. That except as amended by this Resolution, Resolution No. 2007-112, adopted June 12, 2007 is ratified and reaffirmed and all resolutions or part of Resolutions in conflict with any of the provisions of this Resolution are repealed. Section 3. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED this day of 12007. BOB ANTON MAYOR-COMMISSIONER ATTEST: APPROVED AS TO FORM AND LEGALITY: LOUISE STILSON, CMC THOMAS J. ANSBRO, CITY ATTORNEY CITY CLERK a City of Dania Beach Department of Public Services _ ---- 100 West Dania Beach Blvd• Dania Beach. FL 33004 (954)924-3741 .(954)-923-1109(fax) TO: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Patricia Varney, Finance Director VIA: Dominic F. Orlando, P.E. Director of Public Services Date: June 20, 2007 RE: Approval of Revision to Funding of Work Order No. 8 for CDM Introduction and Background On June 12, the City Commission approved a work order to CDM to develop a pre- design report involving analysis of the following: • On-site chlorine generation versus the currently proposed hypochlorite system • Coordination with FPL on the power delivery system • Lime sludge handling • Nanofiltration system design including: Required wellfield upgrades • Telemetry • Raw water pre-treatment • Cartridge filters • Nanofiltration process equipment • Chemical feed systems • Membrane cleaning • Degasification • Transfer pumps • Pipes and other appurtenances Revise Funding WO 8 June 12 6-15-07 Page 1 Beaich City of Dania Beach Department of Public Services 100 West Dania Beach Blvd Dania Beach, FL 33004 (954)924-3741 -(954) 923-1109(fax) The funding in the resolution was assigned as water funds, but should be taken from impact fees. Recommendation It is recommended that the City Commission approve a change in the funding to water impact fees instead of SRF funding. Revise Funding WO 8 June 12 6-15-07 Page 2 CITY OF DANIA BEACH Agenda Item # /O Agenda Request Item Date of Commission Meeting: 6/26/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: uie :(Idea*appropriate Action or MoWn) APPROVE RESOLUTION ALLOWING AWARD OF CONTRACT TO STRAIGHTLINE ENGINEERING SERVICES AND MEF CONSTRUCTION INC. UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID#05-06-012 FOR SIDEWALK INSTALLATION NEIGHBORHOOD IMPROVEMENT ADVISORY BOARD (NIAB) PROJECT. oo TO ALLOW MOVING FORWARD WITH NIAB PROGRAM FOR SIDEWALK IMPROVEMENTS WHICH IS PART OF THE G.O. BOND ISSUE. t�1�GRon 14tcom(5liShes ,i5 �hr�s91_�:qudstspNLY Dept: 4101 Public Services Streets Acct#: 301-4101-541.63-10 Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑X 1E lttttlon3aekgrattrtd SEE MEMO FIs 'ur"'C o t summary GO BOND tft�sFl0d RESOLUTION MEMO Exhibit 1 -Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 MOM WOWS JkU�hb�rtetf SlgnatnMes Submitted by Leo Williams Date 06/20/07 Department Director Dominic Orlando Date 06/20/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 06/20/07 City Attorney Thomas J. Ansbro Date 06/20/07 City Manager Ivan Pato Date 06/20/07 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-125 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE REPLACEMENT AND INSTALLATION OF SIDEWALK SERVICES IN AN AMOUNT NOT TO EXCEED $537,515.00 IN FISCAL YEAR 2006-2007, FROM STRAIGHTLINE ENGINEERING SERVICES AND MEF CONSTRUCTION INC. UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID 905-06-D12; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of $15,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the scope of services for this project involves the purchase and installation of sidewalk construction services as part of the NIAB Project of the City as designated by Chen and Associates, Inc.; and WHEREAS, the City Manager has determined that it is necessary to install sidewalks as part of the City's NIAB Project; and WHEREAS, funding for this project will come from the Neighborhood Improvement General Obligation Bond Program funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to pay an amount not to exceed the total sum of $537,515.00 for sidewalk replacement and installation services to Straightline Engineering Services and MEF Construction Inc. and the proper City officials are authorized to execute the contract for the work; provided, however that no contract will become effective unless and until City officials complete their execution of it. Section 2. That the funding will be derived from the General Obligation Bond proceeds. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-125 City of Dania Beach A& Department of Public Services . _..._----------- .. ... __ . . , --- 100 West Dania Beach Blvd Dania Beach, FL 33004 - (954)924-3741 -(954)-923-1109(fax) TO: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services Date: June 20, 2007 RE: Approval of Contract Award to Straightline Engineering Services and MEF Construction Inc. Under Southeast Florida Governmental Cooperative Group Bid #05-06-012 for the Neighborhood Improvement Advisory Board (NIAB) Sidewalk Project Introduction and Background As part of the GO Bond Neighborhood Improvement Advisory Board (NIAB) Project, sidewalks in various areas was one of the main requests of the advisory Board and Staff has found the quickest and most cost effective way to move on this project is to use Straightline Engineering Services and MEF Construction Inc., Under Southeast Florida Governmental Cooperative Group Bid #05-06-012 for this project. The project amount of$537,515.00 was estimated for this work in a design report prepared by Chen and Associates, the City's Consultant for the NIAB Project. Final cost will be based on actual work done. Recommendation It is recommended that the City Commission approve a resolution to award the NIAB Sidewalk Project to Straightline Engineering Services and MEF Construction Inc., Under Southeast Florida Governmental Cooperative Group Bid #05-06-012 in the amount of $537,515.00 and authorize the City Manager to execute the documents. Page 1 CITY OF DANIA BEACH Agenda Item # /• Agenda Request Item Date of Commission Meeting: 6/26/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Adt( ,.;(Ideot-ty appropriate Action or Motion): APPROVE RESOLUTION TO MOVE FORWARD ON ADA AND 50/50 SIDEWALK PROGRAM 1�1� >ai �i�-N�lassa�r TO CONTINUE WORK AS REQUIRED DUE TO STEPPED UP CODE ENFORCEMENT AND ADA NEEDS It t #i ti fM A a III Aes ALLOWS CITY TO CONTINUE WITH 50/50 SIDEWALK PROGRAM AND ALSO ADDRESS ADA REQUIREMENTS. Bf t�islrl IWrit st3ONLV Dept: Accl#: Amt: Fund: General: ❑X Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: 0 �S,��Itlll#a. + SEE MEMO Fiscal Impact/Cost Summary NONE BUDGETED FUNDS IF�tw?1t�Attached RESOLUTION MEMO —Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Leo Williams Date 06/20/07 Department Director Dominic Orlando Date 06/20/07 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 06/20/07 Cdv Attorney Thomas J. Ansbro Date 06/20/07 CiN Manager Ivan Pato Date 06/20/07 Gityr, Ierk Ia Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-127 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE REPLACEMENT AND INSTALLATION OF SIDEWALK SERVICES IN AN AMOUNT NOT TO EXCEED $35,000.00 IN FISCAL YEAR 2006-2007, FROM STRAIGHTLINE ENGINEERING SERVICES AND MEF CONSTRUCTION INC. UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID #05-06-012; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of $15,000.00 without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the City Manager has determined that it is necessary to purchase replacement and installation of sidewalk services for City uses; and WHEREAS, Resolution 2007-035 has been approved for $80,000 for sidewalk repairs for fiscal year 2006-2007; WHEREAS, additional service will be required before the end of the fiscal year for a projected cost of not to exceed $35,000; and WHEREAS, the City Manager has determined that such replacement and installation of sidewalk services can be purchased at the least cost to the City from Straightline Engineering Services and MEF Construction Inc., under Southeast Florida Governmental Cooperative Group Bid #05-06-012, a copy of which is attached and made a part of this Resolution as Exhibit"A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proposal from Straightline Engineering Services and MEF Construction Inc., for the replacement and installation of sidewalks in an amount not to exceed $35,000.00 in Fiscal Year 2006-2007 is approved; funding will be derived from the General Fund and the ADA funding in the Capital Projects Fund. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-127 Adsfth City of Dania Beach l .4 . Department of Public Services 100 West Dania Beach Blvd • Dania Beach, FL 33004 (954)924-3741 .(954)-923-1109(fax) TO: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services Date: June 20, 2007 RE: Approval of 50/50 and ADA Sidewalk Funding Introduction and Background The City has a 50/50 sidewalk program available to residents. The City and resident split the cost equally for the sidewalk repair/replacement. $80,000.00 was previously approved, $60,000.00 from sidewalks and $20,000.00 from ADA budgets. Due to increased Code Enforcement and ADA issues, extra funding in the amount of $35,000 is being requested for our 50/50 sidewalk program, $20,000.00 from Streets Division, $10,000.00 from ADA Capital Program and $5,000.00 from Parks and Landscaping Division budgets. Staff recommends using existing contract with Straightline Engineering Services and MEF Construction Inc. under Southeast Florida Governmental Cooperative Group Bid #05-06-012 to provide these services by allowing increased spending using existing budget funds. Recommendation It is recommended that the City Commission approve a resolution for the work in the amount of$35,000.00, and authorize the City Manager to execute same. Page 1 04i10/2007 03:27 STRRIHLINE-ENGINEERING i 3056226001 1,10.610 901 3[?S6Ee:GOG1 30!F?2:3001 CITY H-;L.L F14IAI Fes! r .53F. llliUi Glty of NIta37?l Gardens 151> t'it, 167'h street: Bldg. 5:Suite 1-00 4 ;diami Gardens,Florida 33169 i April 10,2007 Mr.Ricky Diaz Suaielitline engineer ng Facsimile: 786-845-::497 i I RE: Bid f05-06.012-I111STALLATIONOFSIDFtVALKS Dear-Mr.Diaz: The specifications it die above referenced bid provide that the current contrari I can be renewed aunt ally not to exceed a maximum of two (2) years. T1w some terms and condition: and pricing of the currant contract will be applied to tite ' extended contract. inasmuch as the curr:nt contract will expires on or about July 1,200'1, thw! ity (If Miami Gardens is ex; ending this agreement through July 1. 2008. if you amncu;. please sign below an I return to my attention as soon as possible. Please notify. your i msuraoce carrier of the extended period of award a,,d hat., them forward any rei ewal insurance certificates to my office I want to thank you for all of the service you and your company hate pro4ided this past year and loc k forward to your continued service in the coming %car If you have any cincs ions or if I can be oFany assistance contact my office merely. O .( _.�g,\j Para llrompso CPI O_ CPPB Promfe-Ina anagl r _Agree to renew contract until 071OL'200S ed Do not agree to renew contract until 0T01/200S Slgncd c `q`�Y gPEG �DINGS •$Uf�?GO • MInMI ARDFN5.FL 33 L¢Q.;,.EL:3U5- '-- City of.Miami Gat-dens 1515-200 N\U 1670,Street 111_,1 ! Mayor Shirley Gibson NEarni Gardcns,Plonda 33169 �4. ,; � Vice Mayor Oscar Braynon II d_,\ Councilman Melvin L Bratton Councilman Aaron Campbell Councilman Ulysses Harvard Councilr+oman Sharon Pritchett Councilwoman Barbara Watson 1Y E Y O To: Mayor and City Council From. Dr. Danny O Crew City Manager Date. June 14, 2006 Re: Proposed Resolution authorizing the City Manager to issue purchase orders for sidewalk replacement and installation services on an as needed basis The City's Public Works Department continues to install, repair and replace sidewalks throughout the City on an as needed basis. The current contract which City Council awarded on July 27, 2005, for this service will expire on July 29, 2006 Funding for this expenditure is provided in the Transportation Fund The City acting as a lead agent for the Southeast Florida Governmental Cooperative Group prepared specifications and advertised the bid document #05-06-012, on April 21, 2006, A broadcast notice was sent to 362 vendors Twenty-four bid packages were requested. The bids were opened on May 25, 2006 Seven bids were received and publicity read. (see attached bid tabulation) Bids were evaluated for compliance with the specifications and their ability to perform the work, The apparent low bidder, TRW, Contracting Inc. requested to withdraw their bid. The references were checked by staff and found favorable for the primary and secondary contractor. All references were found favorable The specifications require award to a primary and secondary contractor. The second and third apparent low bidders, are primary —Straightline Engineering Group, located in Hialeah, Florida and secondary — MEF Construction, Inc., located in Miami, Florida d-3) CONSENT AGENDA t RESOLUTION STRAIGHTLINE ENGINEERING GROUP, LNC. Recommendation: That the City Council approve the attached resolution awarding a bid to Straightline Engineering Group, Inc. and MEF Construction, Inc. in an amount not to exceed the allocated budget and authorizing the issuance of purchase orders for replacement and installation of sidewalks on an as needed basis The Southeast Florida Governmental Cooperative Cities participating in this solicitation are has follows: City of Sunrise; City of Hallandale Beach; City of Deerfield Beach, Town of Davie; City of Miramar; City of Pompano Beach; City of Coconut Creek; City of Lauderdale Lakes; City of Margate and City of North Miami RESOLUTION NO. 2006-59-405 RESOLUTION No 2006-59-405 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO STRAIGHTLINE ENGINEERING GROUP, INC, AS PRIMARY, AND MEF CONSTRUCTION, INC., AS SECONDARY, FOR THE REPLACEMENT AND INSTALLATION OF SIDEWALKS ON AN AS NEEDED BASIS, AND IN ACCORDANCE WITH THEIR RESPONSES TO BID DOCUMENT #05- 06-012; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS-NEEDED BASIS, PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE WHEREAS, the City's current contract for sidewalk replacement and repair expires on July 29, 2006, and WHEREAS, the City acting as a lead agent for the Southeast Florida Governmental Cooperative Group prepared specifications and advertised bid document #05-06-012 on April 21, 2006, and WHEREAS, seven responsive bids were received, publicity read, evaluated for compliance with the specifications and their ability to perform the work, and WHEREAS, the apparent low bidder, TRW, Contracting Inc has requested to withdraw their bid, and WHEREAS, the second and third apparent low bidders, are Straightline Engineering Group ("Straightline"), located in Hialeah, Florida and MEF Construction, Inc. ("MEF"), located in Miami, Florida, and WHEREAS, both Straightline and MEF are capable of performing the services, and their references have been checked, and WHEREAS, the City Manager is recommending that the City utilize the services Page 1 RESOLUTION NO.2006-59-405 of Straightline and MEF to provide the services, WHEREAS, funding for this expenditure is provided in the Transportation Fund, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1 ADOPTION OF REPRESENTATIONS The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution Section 2. AWARD OF BID The City Council for the City of Miami Gardens, hereby awards a bid to Straightline Engineering Group, Inc, as primary and MEF Construction, Inc., as secondary for the replacement and installation of sidewalks on an as needed-basis, and in accordance with their responses to bid document#05-06-012 Section 3. AUTHORIZATION: The City Manager is hereby authorized to issue Purchase Orders to Straightline Engineering Group, Inc, as primary and MEF Construction, Inc., as secondary on an as-needed basis. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JUNE 14, 2006 ATTEST. / SH4`RL GfB8_ON, MAYOR RONETTA TAYLOR(CMC, CITY CLERK Page 2 RESOLUTION NO.2006-59-405 Prepared by SONJA KNIGHTON DICKENS ESO. City Attorney SPONSORED BY: DANNY 0. CREW, CITY MANAGER MOVED BY: Vice Mayor Braynon SECONDED BY: Councilwoman Watson VOTE: 7-0 Mayor Shirley Gibson x (Yes) _(No) Vice Mayor Oscar Braynon, 11 x (Yes) ,(No) Councilman Melvin L Bratton x (Yes) _(No) Councilman Aaron Campbell x (Yes) _(No) Councilman Ulysses Harvard x (Yes) _(No) Councilwoman Sharon Pritchett x (Yes) _(No) Councilwoman Barbara Watson x (Yes) _(No) 108868_1.DOC Pace 3 CITY OF DANIA BEACH Agenda Item # 74 Agenda Request Item 1�w Date of Commission Meeting: 6/26/2007 Adopt Resolution Fx-1 Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: ADOPT RESOLUTION FOR WORK ORDERS FOR MINOR ELECTRICAL MODIFICATIONS AND ADDITION OF KITCHEN CABINETS AND COUNTER FOR CITY HALL 2ND FLOOR EXPANSION. ifessary 'for TO PROVIDE FUNDING FOR MISCELLANEOUS CONSTRUCTION MODIFICATIONS. ...... .... PROVIDES ADDITIONAL FLEXIBILITY IN THE CONFERENCE/EMERGENCY OPERATION CENTER TO ALLOW INSTALLATION OF EQUIPMENT IN THE FUTURE. CONDUIT, WIRING AND OUTLETS WERE INSTALLED IN THE CEILING TO ALLOW INSTALLATION OF PROJECTOR IN THE FUTURE. DUAL (2 OUTLETS) ELECTRICAL RECEPTICLES WERE REVISED TO QUAD (4)AT ALL WALLS. ADDS KITCHEN CABINETS, COUNTER AND SINK NOT INCLUDED IN DESIGN. ONJI-y Dept: 1800 General Administration Acct#: 301-1800-519.62-10 Amt: Fund: General: El water: F sewer: El Stormwater: ❑ Grants: ❑ Capital: nd 01`01'011-10 00kolf0tr SEE MEMO r a. RESOLUTION MEMO Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 �tis�e�! �wiatures Submitted by Leo Williams Date 06/19/07 Department Director Dominic Orlando Date 06/19/07 Assistant City Manager Date FIR Director Date Finance Director Patricia Varney Date 06/19/07 City Attorney Thomas J. Ansbro Date 06/20/07 City Manager Ivan Pato Date 06/20/07 « ...m Commission Action: Approved: 0 Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-123 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A CHANGE ORDER TO THE EXISTING AGREEMENT WITH COASTAL CONTRACTING INC. FOR ADDITIONAL CONSTRUCTION WORK IN AN AMOUNT NOT TO EXCEED $6,805.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the City Commission under Resolution 2006-175 approved contracting with Coastal Contracting Inc. for City Hall renovations; and WHEREAS, additional work for lighting, data lines, pantry cabinets and a sink is required which items are not addressed in the original scope of work; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute a change order (#2) to the existing Agreement with Coastal Contracting Inc. in an amount not to exceed $6,805.00, for the additional work for City Hall as appearing in the documents attached as Exhibit "A". Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the terms of such documents needed for the change order as are deemed necessary and proper for the best interests of the City. Section 3. That the funding shall be derived from the Capital Projects Fund. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 12007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-123 06/21/2007 13:21 9549231109 CITY OF DANIA BEACH PAGE 01/02 Jun 2.1 07 ❑?: 32p Coastal, Contracting 854:1.7448n p_ 1 REQUEST FOR CHANGE ORDER Ra Cs 0s To: Dominic Orlando Request No, 5 T City of Dania Beach Fax: 954-923-1109 Date: June 21, 2007 Project: City Hall Expansion Contractor: Coastal Contracting & Develop. Subject: Miscellaneous Request: Cabinets 3,960 Settlement agreement-2 electrical invoices 1,100 Lighting (1,485 x 17.5% OH &Profit) 1,745 TOTAL CHANGE ORDER: $ 6,808,00 Attachments: Mq� Signed ey:✓Gaory JJ-MccGeddy Title: President Reply: Attachments: Signed By,, Time. _ Date: r. City of Dania Beach Department of Public Services 100 West Dania Beach Blvd• Dania Beach,FL 33004 (954)924-3741 (954) 923-1109(fax) TO: Mayor Robert Anton Vice Mayor Albert Jones Commissioner John Bertino Commissioner Anne Castro Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Patricia Varney, Finance Director VIA: Dominic F. Orlando, P.E. Director of Public Services Date: June 19, 2007 RE: CITY HALL SECOND FLOOR EXPANSION, MINOR ELECTRICAL MODIFICATIONS AND ADDITION OF KITCHEN CABINETS, COUNTER AND SINK Introduction and background The City Hall second floor expansion is proceeding on schedule. The layout includes a large conference room. The conference room in the future would also be used as a back-up Emergency Operation Center (EOC). During a City Manager staff meeting the Fire Chief questioned the status of the EOC and suggested several modifications to facilitate future operations. Since the area was still open it was decided to include the modications now. Conduit and wiring was installed to allow installation of equipment in the future. Dual electrical receptacles were revised to quad receptacles. The electrical contractor had to relocate a low voltage raceway to a new termination point to make connection to existing computer room on first floor. The total cost for the electrical modications agreed to and approved by staff total $2,845.00. WWCIP—CDM #9—Phasing of Proposed Improvements for the Water Plant Upgrades 05-13-07 Page 1 Beach City of Dania Beach , . Department of Public Services 100 West Dania Beach Blvd Dania Beach,FL 33004 . (954)924-3741 (954)-923-1109(fax) The Contractor indicated that this was not included in his contract. However, he agreed to include the necessary plumbing and electrical work for the installation of cabinets, counter top and sink in the future. We asked the contractor to submit a quote to do this work. The contractor submitted a quote for $3,960.00 to provide wall and base cabinets, counter top complete with sink installed. After meeting with staff it was determined that we should have the contractor do this work. The total cost for these modifications is $6,805.00. Recommendation It is recommended that the City Commission approve Change Order No 2 to Coastal- Hollywood Construction in the amount of $6,805.00 for minor electrical modifications and the addition of cabinets, counter and sink and authorize the City Manager to execute same. WWCIP-CDM #9-Phasing of Proposed Improvements for the Water Plant Upgrades 05-13-07 Page 2 m;pf 7 XJ RESOLUTION NO. 2007-126 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,URGING THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AND THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS TO CREATE A PROGRAM TO HUMANELY ADDRESS THE PROBLEMS CREATED BY WILD IGUANAS IN THE CITY OF DANIA BEACH AND BROWARD COUNTY,FLORIDA;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,on June 12,2007,Patricia Tyra,a resident of the City of Dania Beach,Florida addressed the City Commission of the City of Dania Beach, Florida regarding the problems created by feral iguanas in the Estates of Fort Lauderdale neighborhood and elsewhere in the City and in Broward County; and WHEREAS,the City Commission of the City of Dania Beach recognizes that if unchecked, growing feral iguana populations can cause injury to flora and fauna and may create a public health hazard; and WHEREAS,the City Commission is aware that the Florida Fish and Wildlife Conservation Commission is responsible for managing fish and wildlife resources for their long-term well-being and for the benefit of the people who live in Florida and that the Broward County Animal Care and Regulation Division is responsible for animal care and control; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida urges the Florida Fish and Wildlife Conservation Commission and the Broward County Board of County Commissioners to address the problems created by and faced by wild iguanas,by creating a program that humanely provides for their collection and control,including spaying/neutering and releasing,if appropriate. Section 2. That a copy of this Resolution shall be sent to the Florida Fish and Wildlife Conservation Commission and to the Broward County Board of County Commissioners. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMASJ. ANSBRO CITY ATTORNEY 2 RESOLUTION 42007-126 CITY OF DANIA BEACH MEMORANDUM TO: Mayor and City Commission Ivan Pato, City Manager Larry Leeds, Community Development Director FROM: Tom Ansbro, City Attorney DATE: June 5, 2007 RE: Zoning Code Text Amendments; Compliance with Federal Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) (to provide that churches, synagogues and houses of worship shall no longer be permitted by special exception) The Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§ 2000cc, et seq., is a federal law designed to protect individuals, houses of worship, and other religious institutions from discrimination in zoning and landmarking laws (laws that regulate land uses). In passing this law, Congress found that the right to assemble for worship is at the very core of the free exercise of religion, and also recognized that religious assemblies cannot function without a physical space adequate to their needs. RLUIPA prohibits zoning and landmarking laws that: (1) treat churches or other religious assemblies or institutions on less than equal terms with nonreligious institutions; (2) discriminate against any assemblies or institutions on the basis of religion or religious denomination; (3) totally exclude religious assemblies from a jurisdiction; or (4)unreasonably limit religious assemblies, institutions, or structures within a jurisdiction. 1. Elimination of Special Exception for Houses of Worship In HCS Chabad v. City of Hollywood, 430 F.Supp.2d 1296 (S.D.F1a.,2006), the United States District Court for the Southern District of Florida disapproved of permitting places of worship by special exception, because of the discretion inherent in special exception criteria. Currently, houses of worship are permitted in the City's residential districts with approval by special exception. The proposed ordinance provides that houses of worship will no longer be allowed in residential districts as special exception uses. Churches, synagogues, and other houses of 1 worship will instead be permitted as of right within the Commercial Districts (C1, C2, C3, C4), the Transit Oriented Corridor (TOC) and Transit Oriented Development Districts (TOD's), and the Marina Mile (M-1) District. Planning staff has conducted an analysis of the areas in which houses of worship are permitted uses. Although the RLUIPA case law does not specify a definite minimum requirement for areas zoned for places of assembly within the City, the amount of area zoned to allow houses of worship appears sufficient under the principles applicable to regulating uses protected by the First Amendment. 11. Home-Based Assembly Regulations Traffic, noise, and parking impacts result from home-based (and, in the case of single and multi-family developments with common facilities, common-area based) assembly uses that are accessory to residential homes. These assemblies include a wide range of activities, whether they are sales activities such as Tupperware parties, social gatherings such as football parties, or prayer groups. Such activities warrant regulation when they are frequent, regular, and create a significant parking impact under the relevant caselaw. It is advisable that the City consider regulatory measures to ensure that these home-based and common-area based activities are compatible with nearby residential uses so that they will not adversely impact their neighbors. The proposed regulation of home-based and common-area based assemblies included in the ordinance (copy attached) provides that a home-based assembly use which occurs more than four (4) times per month for two (2) consecutive months will be deemed to be beyond the scope of the accessory use and shall not be permitted. Furthermore, an assembly which results in an additional eleven (11) vehicles being parked near the dwelling unit at each assembly will be deemed to be beyond the scope of the accessory use and shall not be permitted. With regard to common area-based assemblies, an assembly use that results in an additional six (6) vehicles being parked near the common area will be deemed to be beyond the scope of the accessory use and shall not be permitted. In the event that an assembly use can be shown to have exceeded the allowable frequencies or parking limits of the ordinance, the City can take enforcement action against the assembly use. By design, this provision is not intended to be frequently exercised. Rather, it provides an enforcement mechanism for assemblies that create severe extreme land use impacts on surrounding properties. Under the current code, unless the assembly violates City noise regulations, it would be difficult to cite such a use. This Ordinance is ready for passage by the City Commission. Attachment 2 ORDINANCE NO. 2007-013 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28, "ZONING," ARTICLE 2, "DEFINITIONS", TO DEFINE "COMMON AREA'; AMENDING ARTICLE 4, "DISTRICT REGULATIONS," SECTION 4.10, "APPLICATION OF REGULATIONS", TO PROVIDE THAT CHURCHES, SYNAGOGUES AND HOUSES OF WORSHIP SHALL NO LONGER BE PERMITTED BY SPECIAL EXCEPTION; CREATING ARTICLE 33, "HOME AND COMMON-AREA BASED .ASSEMBLY USES," TO PROVIDE FOR REGULATION OF ACCESSORY ASSEMBLY USES IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the federal law known as the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. § 2000cc et seq. ("RLUIPA") is designed to protect religious land uses and prohibits government from treating a religious assembly or institution on "less than equal terms" as compared to a non-religious assembly; and WHEREAS, RLUIPA prohibits zoning regulations that substantially burden the religious exercise of churches or other institutional religious assembly land uses unless they are the least restrictive means of furthering a compelling governmental interest; and WHEREAS, in light of recent case law interpreting RLUIPA and constitutional requirements with regard to local land development regulations, the City Commission ("City") desires to revise the zoning district regulations within the City Code of Ordinances ("City Code") in order to ensure statutory compliance and equal treatment of religious assemblies; and WHEREAS, the City desires to encourage the location of public assembly uses on appropriate parcels within the City where they will be compatible with surrounding uses; and WHEREAS, the City Code currently lacks standards to address the impacts of home- based and common-area based accessory assembly uses located in residential zoning districts; and WHEREAS, the City recognizes that home-based and common-area based assemblies in residential zoning districts may create parking and traffic impacts, and that these impacts should be addressed by appropriate regulation; and WHEREAS, the City seeks to create additional standards to address parking impacts arising from common-area based assembly uses occurring in residential communities, due to the limited supply of parking within such communities; and WHEREAS, to create standards to address home-based and common area-based assembly uses in residential zoning districts throughout the City, the City Commission desires to amend the Code; and WHEREAS, the Planning and Zoning Board, sitting as the Local Planning Agency of the City, held a public hearing on May 16, 2007 and made a recommendation as to adoption of this Ordinance; and WHEREAS, the City Commission has held two (2) properly advertised public hearings pursuant to law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the preceding "Whereas" clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. That Chapter 28, "Zoning," Article 2, "Definitions," Section 2.10 "Definitions" is amended to read as follows: 2 ORDINANCE#2007-013 ARTICLE 2. DEFINITIONS 2.10. Definitions. Common area shall mean a room or designated area within a building or complex of buildings zoned for multi-family residential use served by shared or public parking areas which is reserved for the exclusive use of the residents of the building or complex and their invited guests and is an accessory use to the primarily residential use of such buildings. • • • Section 3. That Chapter 28, "Zoning," Article 4, "District regulations," Section 4.20, "Application of regulations" is amended to read as follows: ARTICLE 4. DISTRICT REGULATIONS. 4.20. Application of regulations. • • • TABLE INSET: SCHEDULE OF USE REGULATIONS CITY OF DANIA BEACH DISTRICT PERMITTED ACCESSORY SPECIAL PURPOSE USES USES EXCEPTION USES 1. Private nurseries 1. Essential and greenhouses. services. The purpose of 2• Private garages. 2. Pool houses this district is to 3. Private intended for the use provide for use 1. Single- swimming pools of family and guests and occupancy family and/or cabanas. only. Estate of one-fami ly dwellings. 4. Other accessory 3. Public or private 35,000 2. Municipally uses customarily academic schools. Single- dwelling units owned or incident to 4. Private, social, at very low Family operated parks permitted or swimming, golf, densities and and recreation approved special tennis and yacht related essential areas. exception uses, not clubs. services and involving the 5. Chwehe facilities. �.............' conduct of synagegxes- and business. ether houses d 5. Off-street worship. 3 ORDINANCE 92007-013 parking 6. 5. Supplemental (noncommercial parking. vehicles). 1. Private nurseries I Essential and greenhouses. 2. Private garages. services. 3. Private 2. Pool houses The purpose of swimming pools intended for the use this district is to and/or cabanas. of family and guests 1. Single- only. provide for use 4. Other accessory family 3. Public or private and occupancy uses customarily dwellings. academic schools. R-S 18,000 of one-family incident to Single- dwelling units 2. Municipally permitted or s Private, social, owned or swimming, golf, Family at low densities approved special operated parks tennis and yacht and related and recreation exception uses, not c areas. lubs. essential involving the 3 r� ... wo services and conduct of a facilities. business. synagogues - 5. Off-street ether Wises of parking 6weship. upplemental (noncommercial parking. vehicles). 1. Private nurseries 1. Essential and greenhouses. 2. Private garages. services. 3. Private 2. Pool houses The purpose of swimming pools intended for the use this district is to and/or cabanas. of family and guests I. Single- only. provide for use 4. Other accessory family 3. Public or private and occupancy uses customarily dwellings. academic schools. R-S 12,000 of one-family incident to 2. Municipally 4. Private, social, Single- dwelling units permitted or owned or swimming, golf, Family at low densities approved special and related operated parks tennis and yacht and recreation exception uses, not clubs. essential areas. involving the 5. Cw„_ , e services and conduct ofa facilities. business. s3�geg ies and 5. Off-street ether houses of parking 6upplemental (noncommercial parking. vehicles). 4 ORDINANCE#2007-013 1. Planned unit development, PUD- 1 (See Article 7 for standards). 1. Private nurseries 2. Essential and greenhouses. services. 2. Private garages. 3. Pool houses 3. Private intended for the use The purpose of swimming pools of family and guests this district is to and/or cabanas. only. insure for use 1. Single-family 4. Other accessory 4. Public or private and occupancy dwellings. uses customarily academic schools. R-S 8,000 of one-family incidental to 5. Private, social, Single- dwelling units 2. Municipally owned or permitted or swimming, golf, Family at low densities approved special tennis and yacht and related operated parks exception uses, not clubs. essential and recreation involving the 6. Ghur.he services and areas. conduct of synagegues�Q facilities. business. ether houses—ef 5. Off-street wership. parking 7. 6 Supplemental (noncommercial parking. vehicles). 9. 7 Nonprofit cultural centers. 9. 8 Municipally owned or operated parking areas. R-S 6,000 Same as R-S Same as R-S Same as R-S 8,000 Same as R-S 8,000 Single- 8,000 8,000 Family The purpose of I. Single- 1. Private nurseries 1. Essential this district is to family and greenhouses. services. provide for use dwellings. 2. Private garages. 2. Public or private R-D 8,000 and occupancy 2. Municipally 3. Private academic schools. of one- and owned or swimming pools, 3. ''hurehe Two- two-family operated parks cabanas or both. synagogues—and Family units at low and recreation 4. Other accessory esher h044ses Of moderate areas. uses customarily worship. densities and 3. Two-family incidental to 4. 3. Supplemental related essential I dwellings. permitted or parking. 5 ORDINANCE#2007-013 services and approved special � 4.Storage facility facilities. exception uses, not for a church or involving the school when the site conduct of is within 200 feet of business. the approved 5. Off-street church or school parking and further that any (noncommercial structure built, vehicles). utilized, or both under this provision maintains the residential appearance of the zoning district. 1. Private nurseries 1. Planned unit 1. Single- and greenhouses. development, PUD- family 2. Private garages. 2, PUD-3. dwellings. 3. Private 2. Essential The purpose of 2. Municipally swimming pools services. this district is to owned or and/or cabanas. 3. Public or private provide for use operated parks 4. Other accessory academic schools. R-M and occupancy and recreation uses customarily 4. Private, social, Multifamily of multifamily areas. incident to swimming, golf, Residential dwellings at 3. Two-family permitted or tennis and yacht moderate dwellings. approved special clubs. densities and 4. exception uses, not 5. ''hurehe related essential Townhouses. involving the s fnagegaes a- services and 5. Multifamily conduct of other houses of facilities. dwellings. business. wership. 6. Cluster-- 5. Off-street 6. 5. Supplemental Single-family. parking parking. (noncommercial -7-. 6. Nonprofit vehicles). cultural centers. The purpose of 1. Single- 1. Private nurseries 1. Planned Unit this district is to family and greenhouses. Development PUD R-M(1) provide for use dwellings. 2. Private garages. 2 & 3. Multifamily and occupancy 2. Municipally 3. Private 2. Essential Residential of multifamily owned or swimming pools services. dwellings at operated parks and/or cabanas. 3. Public or private moderate and recreation 4. Other accessory academic schools. densities and areas. uses customarily 4. Private, social, related essential 3. Two-family incident to swimming, golf and 6 ORDINANCE#2007-013 services and dwellings. permitted or tennis clubs. facilities. 4. approved special 3. Chefehe. Townhouses. exception uses, not synagogues a.d 5. Multifamily involving the other houses of dwellings. conduct of worship. 6. Cluster-- business. 6. 5. Supplemental Single-family. 5. Off-street parking. parking � 6. Nonprofit (noncommercial cultural centers. vehicles). 8. 7. Municipally owned or operated parking areas. 1. Planned Unit Development PUD 1. Private nurseries 2 & 3. 1. Single- and greenhouses. 2 Essential family 2. Private garages. services. dwellings. 3. Private 3. Public or private The purpose of 2. Municipally swimming pools academic schools. this district is to owned or and/or cabanas. 4. Private, social, provide for use operated parks 4. Other accessory swimming, golf and and occupancy and recreation uses customaril tennis clubs. R_Ivl(2) P Y Y S. CH .,.we.. of multifamily areas. incident to .. a Multifamily s3megeguesana dwellings at 3. Two-family permitted or v Residential moderate dwellings. approved special suerhip. s—�� densities and 4. exception uses, not 66.5. Supplemental related essential Townhouses. involving the parking. services and 5. Multifamily conduct of 6. Nonprofit facilities. dwellings. business. cultural centers. 6. Cluster-- 5. Off-street 8- 7 Municipally Single-family. parking owned or operated (noncommercial parking areas. vehicles). 9- g Adult residential care facilities. R-M(3) Multifamily Same as R- Same as R- Same as R-M(2) Same as R-M(2) Residential M(2) M(2) RO (See sections 19.10 through 19.50 for RO regulations.) 7 ORDINANCE#2007-013 Section 4. That Chapter 28, "Zoning," Article 33, "Home and common-area based assembly uses," Section 30.10 "Home and common-area based assembly uses", is created to read as follows: ARTICLE 33. HOME AND COMMON-AREA BASED ASSEMBLY USES. 30.10. Home and common-area based assembly uses. (a) The standards set forth in this section shall apply to any proposed or existing assembly use within the following residential zoning districts: Estate 35,000 Single-Family, R-S 18,000 Single-Family, R-S 12,000 Single-Family, R-S 8,000 Single-Family, R-S 6,000 Single-Family, R-D 8,000 Two-Family, R-M Multifamily Residential, R-M(1) Multifamily Residential, R-M(2) Multifamily Residential, R-M(3) Multifamily Residential and Residential Office (RO). (b) Home-based and common-area based assemblies are permitted, whether for social, religious, or other reasons, as an incidental accessory use to the principal residential use. (c) Frequency of home-based and common-area based assembly uses. Assemblies that occur more than four (4) times per month for two (2) consecutive months will be deemed to be beyond the scope of the accessory use and shall not be permitted. (d)Parking standard. (1) Home-based assembly uses. A home-based assembly use which results in an additional eleven (11) vehicles being parked near the dwelling unit at each assembly will be deemed to be beyond the scope of the accessory use and shall not be permitted. Vehicles parked legally on the site of the home-based assembly shall not be counted toward the eleven (11) vehicles. (2) Common-area based assembly use. A common area-based assembly use which results in an additional six (6) vehicles being parked near the common-area based assembly use will be deemed to be beyond the scope of the accessory use and shall not be permitted. Additionally, the parking demand created by such assemblies shall not exceed the supply of parking spaces provided within the shared guest or visitor parking areas allocated to common-area functions. Section 5. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with this Ordinance are repealed to the extent of such conflict. 8 ORDINANCE#2007-013 Section 6. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. That this Ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED on first reading on June 12, 2007. PASSED AND ADOPTED on second reading on , 2007. BOB ANTON MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 9 ORDINANCE#2007-013 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING NOTICE OF TEXT AMENDMENT AND AMENDMENT TO SPECIAL EXCEPTION USES LISTED IN CHAPTER 28,-ZONING- OF THE CITY OF DANIA BEACH CODE OF ORDINANCES The City of Dania Beach proposes to adopt the following ordinance: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIC04 AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28 "ZONING," ARTICLE 2 "DEFINITIONS" TO DEFINE "COMMON AREA" AMENDING ARTICLE 4 "DISTRICT REGULATIONS," SECTION 4.10"APPLICATION OF REGULATIONS"TO PROVIDE THAT CHURCHES, SYNAGOGUES, AND HOUSES OF WORSHIP SHALL NO LONGER BE PERMITTED BY SPECIAL EXCEPTION; CREATING ARTICLE 33, "HOME AND COMMON-AREA BASED ASSEMBLY USES," TO PROVIDE FOR REGULATION OF ACCESSORY ASSEMBLY USES IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR CONFUCTS; PROVIDING FOR SEVERABIUTY AND PROVIDING FOR AN EFFECTIVE DATE (2nd READING - PUBUC HEARING). A public haarkg YAP be held at the following date,time,and meeting place: i Date: June 26,2007 Time: 7:00 p.m.,or as soon thereafter as possible Place: City Commission Room Dania Beach Administrative Canter 100 West Dania Beach Blvd. Dania Beech,Ronda 330% All i i y•{`1 p M r 1 � .I ° tl�+M"E11pMx City of Dania Beach Boundary Map The above ordinance affects the entire area indicated in the above map. Copies of the proposed Ordinance 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 aforesaid meeting and be heard with respect to the proposed. 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 Americans 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)924-3623 at least 48 hours prior to the meeting. Lou Ann Cunningham Planning Associate Notice Date:Tuesday,June 19,2007 CITY OF DANIA BEACH Agenda Item # 42 Agenda Request Database Date of Commission Meeting: 6/26/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑X Award Bid /RFP ❑ Presentation ❑ Continued from: ORDINANCE N0.2001 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST MADE BY DOREEN BARTLEY,PRESIDENT OF EAGER BEAVER CONTRACTORS FOR THE"BARTLEY"PLAT,SUCH PROPERTY BEING GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SW 40TH AVENUE AND SW 58TH STREET,IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A",A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;ACCEPTING THE DEDICAION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE"BARTLEY"PLAT,PROVIDING FOR SEVERABILITY,PROVIDING FOR CONFLICTS,FURTHER,PROVIDING FOR AN EFFECTIVE DATE. VIP a. What Action Accomplishes I : Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ PL-33-05: Eager Beaver Construction requests plat approval for the"Bartley Plat" (Nine single family lots)on 1.9 acres located at the southeast corner of SW 40 Avenue & SW 58 Street (SECOND READING). rBURNAM Ordinance Staff Report Application Public Hearing Notice Location Map Mailing List PLAT Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibil 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attomey Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-011 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY DOREEN BARTLEY, PRESIDENT OF EAGER BEAVER CONTRACTORS FOR THE `BARTLEY" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SW 40TH AVENUE AND SW 58Te STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE `BARTLEY" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the plat to be known as the "Bartley Plat" (PL-33-05), such property being generally located on the southeast corner of SW 40`h Avenue and SW 581h Street, in the City of Dania Beach and le.-ally described in P hibit "A", a copy of which is altichcd to this Ordinance, is accepted and approved. The City of Dania Beach consents and agrees that such plat may be recorded in the Public Records of Broward County, Florida, upon further approval of all agencies of Broward County, Florida, having jurisdiction in the matter. Section 2. That the dedication for public use of all streets, highways and alleys, as shown on the plat to be known as the `Bartley Plat", is accepted by the City of Dania Beach, Florida. Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 5. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on May 22, 2007. PASSED AND ADOPTED on second reading on 2007. BOB ANTON MAYOR COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2007-011 EXHIBIT "A" "Bartley Plat" LEGAL DESCRIPTION THE WEST 210 FEET OF TRACT 11, IN BLOCK 3, SECTION 31, TOWNSHIP 50 SOUTH, RANGE 42 EAST, EXCEPTING THEREFROM THE WEST 35 FEET WHICH IS RESERVED FOR ROAD PURPOSES AND LESS THE NORTH 307 FEET THEREOF, ALL ACCORDING TO REED LAND COMPANYS SUBDIVISION PLAT RECORDED IN PLAT BOOK 2, PAGE 32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SUBJECT TO A ROAD EASEMENT OVER AND ACROSS THE NORTH 10 FEET THEREOF; TOGETHER WITH THE EAST 20 FEET OF THE WEST 230 FEET OF TRACT 11, BLOCK 3, OF SECTION 31, TOWNSHIP 50 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT BOOK 2, PAGE 32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, LESS THE NORTH 307 FEET THEREOF, AND SUBJECT TO A ROAD EASEMENT OVER AND ACROSS THE NORTH 10 FEET; AND TOGETHER WITH THE SOUTH 185 FEET OF THE EAST 100 FEET OF THE WEST 310 FEET OF TRACT 11, BLOCK 3, OF SECTION 31, TOWNSHIP 50 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; AND TOGETHER WITH THE EXTERNAL AREA THE CHORD OF A 8.07 FOOT RADIOUS CURVE CONCAVE TO THE SOUTHWEST BEING TANGENT TO THE EAST LINE OF TIIF WEST 230 FEET AND BEING TANGENT TO THE NORTH LINE OF THE SOUTH 185 FEET, OF TRACT 11, BLOCK 3, OF SECTION 31, TOWNSHIP 50 SOUTH, RANGE 42 EAST, AS RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. SAID LANDS SITUATE IN BROWARD COUNTY, FLORIDA. 3 ORDINANCE#2007-011 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: June 26, 2007 TO: Ivan Pato, City Manager VIA: Laurence Leeds, AICP, Director G FROM: Corinne Lajoie, AICP, Principal Planner (01I&4 SUBJECT: PL-33-05: Eager Beaver Construction requests plat approval for the "Bartley Plat" (Nine single family lots) on 1 .9 acres located at the southeast corner of SW 40 Avenue & SW 58 Street (SECOND READING). PROPERTY INFORMATION ZONING: Residential Single Family (RS-5) LAND USE DESIGNATION: Low (5) Residential The plat proposes nine single family lots measuring 50' to 65' in width and containing 6,000 to 7,500+ square feet in lot area. The Future Land Use Plan allows 11 units on this parcel. The plat is consistent with both current RS-5 County Zoning and Low 5 Future Land Use Designation (9 units proposed; 1 1 units permitted). Broward County requires the applicant to dedicate approximately 5,871 square feet for future roadway improvements on SW 40 Avenue. Additionally, an easement has been recorded for roadway access on SW 58 Street. The City requires the applicant to dedicate land for public open space pursuant to Article 6, Section 19-17 of the City Code. Based on nine units, the applicant is required to dedicate 3,528.36 square feet of land (less than 1 /10 of an acre). If the City Commission determines land dedication is not feasible or appropriate, the Commission may authorize the payment of a local park impact fee equal to the "value of the land." The fee in this case is $21 ,735.00 after deducting the county roadway dedication. Due to the very small size of the dedication (less than 1 /10 of an acre), staff recommends the impact fee alternative. The applicant still has to work with the City's Landscape Consultant to obtain tree removal permits and provide mitigation as required by the city landscape code prior to any grading, development, or construction. The Fire-Marshall has approved the plat. Public Services have the following conditions: • Sheet WS-1 water main at SW 58th Street shows 6" plug dead end, provide blow off or hydrant for flushing. • Sheet C-1 Shows CMP for exfiltration trench, use HDPE. • See comments from CCA dated prior to 2-6-07. PLANNING AND ZONING BOARD RECOMMENDATION On March 21 , 2007 the Planning and Zoning Board recommended approval. CITY COMMISSION PREVIOUS ACTION On May 22, 2007 the City Commission recommended approval. STAFF RECOMMENDATION Approval, subject to Public Services conditions and payment of park impact fees. Bartley Plat May 28,2007 To: The City of Dania Beach, Commissioners, and Larry Leeds, This letter is in reference to the Bartle Plat. In our original Y documentation given to Mr. Leeds we sent 3 closing statements on 3 separate parcels of land that we had purchased. However we neglected to include that the parcel purchased for S 450,000.00 has an existing 3 bedroom 2 bath house located on that property.(5848 SW 40d'Ave) Therefore the land value is considerably less than the purchase price.( The code states that the fees are based on land value only.)Also the county has taken 5871 sq. ft for right of way for SW 40a'Avenue and 3697 sq.ft for SW 58a' Street. All of these facts should be taken into consideration when calculating for Park and Recreation fees . _ Sincer John and Doreen Bartley I v m4i '19Y / GJ1 j� 3�1i37di CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET '1"upwa ii R R 1 _E IF AN Route Date 1/18I2007 PZ Log 'PL-3I 3-05 Project Bartley PUT —� Follo 504231010700;0710 Revised 0717 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU, Route Via: Mail❑ Pick Up In-house ❑ Fire Marshal❑ Landscape❑ BSO Cl Public Services Planner❑ Other Consultants WCGA Approved as submitted Denied [] Comments must address prior ❑ Approved wlconditions to PZ I Commission hearing List Conditions w4a HArAJ A7' S�J s Ei .S�tE��s s 41, o" 'bE,4V gvp, Pavuiat Stow reiw of HYvev0.:f Fc sfll�r C-i SK�ws CHr° FGe txf/cTt:?<1r J T�A;Cr/, dsE HDPr= SrE CdMHR�fS XY CG § /1 FE3 0 ti �u�l Signature Dale hotKro F. Ic. Print Name ...._..._....._...... .. 1�;i,.��.. X CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET Sft9 PL 9WO RE J�'RN V�IITFt GO4 MMENT!IF ANY�] Route Date 1I18/20W PZ Log iPL-33.05 Project Bartley PLAT � Folio I -� Revised PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mall❑ Pick Up In-house ❑ Fire Marshal® Landscape❑ BSO❑ Public Services❑ Planner❑ Other Consultants ❑CGA Approved as submitted Denied Comments must address priory ❑ Approved w/conditions ❑ t 4i,y"S7j',1 O to PZ I Commission hearingr . .i`i .. �` +,.I List Conditlona Ignature Date 5tcu+ _.. &ow - Print Name 0 O O City of Dania Beach, Florida Department of Community Development Planning and Zoning Division General Development Application (9S4) 924-3645 • O Assignment of Flex/Reserve Units O land Use Amendment JUN - 3 2005 M Plat O Plat Delegation Request p Rezoning Date Redd: O Site Plan O Special Exception Petitlon No.i P-_=°,�- O special Request , 0 Traflkway Waiver O Variant! O Vacation Request a othen` THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation' cheddist to determine the supplemental documents required with each application. For after the fad applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may Impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the Citys Building Department. Location Address SW 40th Avenue & SW 58th Street Lot(s): Tract 11 Block: 3 subdivision: N/A Recorded Plat Name: N/A 504231010711 Fok Number(s): 504231010710 Legal Description: 504231010700 Plat of Sec'e 28. 29 31 & 32 T50S R42E• PB 2 Pg 32 Dade County Records _ Applkant/Consuitant/Legal Representative (drde one) Eager Beaver Contractors Address of Applicant: 201 S.E. 2nd Avenue Dania Beach, FL 33004 Business Telephone: 954-927`0793 Hie; Fax: 954-927-1850 Name of Property Owner: Address of Property Owner: oZUI S� � Dcv i;- Business Telephone: 921-127.Vq 2Home: Fax: Explanation of Request: I Prop. Net Acreage: 1.89 Gross Acreage: Prop. Square Footage: 82,428.2 Existing Use: Vacant Proposed Use: Residential Is property owned Individually, by a corporation, or a joint venture? Individually 0 • APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swom to and subscri bed before me Applicant/Consul VRepresentattve: This i day of 20.25 Signature: Ii/A tit Date: -I -OS 1 Doreen Bartley Si n Name of Notft Publk (Print Name) State of( FIOYL r) \ �N\g�0. I . (�o c Vr\ e 201 S.E. 2nd Avenue, Dania Beach, FL 33004 Print Name of Notary Street Address,City, State and Zip Code mmm,�M��,roattev Phone: 954-927-0793 Fax: 954-927-1850 SMYbH=1V -I iwrty � Telephone No. &Fax No. orrobndtrdayAti+n INDMDUAL OWNER NOTARIZED SIGNATURE: This Is to certify that I am the fee simple owner of subject lands described above and that I,re authorized (AppikaWConsultant)Representa") to make and file the aforesaid application. Swomm subscribed before me Owner: / This�day of 20t Signature: Date: .L' ma fL Zc Slgn Name of Notary Public (Print Name State of,( Fzcoi�p ) Print Name of Notary Street Address, City, State and Zip Code ,FFlUALWC Ys5A . rye: FAITH FLLt Com Niff� "II `TATEGFN.QW)'1 YST/-�.�a ' (7Q.,7 7 Seal nvcrna r;~ Telephone No. &Fax No. coo 6 4-1 i CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that 1, as a duly authorized officer, have authorized (AppekanVConsuitanVRepresentative) to make and file the aforesaid application. Swom to and subscribed before i'ie Corporatlon Name: This day of I Lyk 20 t j Signature: Date: (0 (Print Name) Sign Name of N tary Public (Print Title) State of(rC %40� ) Print Name of Notary Street AAdd-r�ess, City, State and Zip Code �y Commission I : q5 `4;-7-07Q3 7`Ax Sea 1', tw.leu IFowtr v Telephone No. &Pax No. "'r\W"NM•We of Florida 1 .NyCommYtm b0=l 3v t 9.2ao''/ d Commlubn•D0Y0J9'M WxledavNoNondtlolory JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Appllcant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This __121 day of� 200-$ U Signature: Date: ycs p J AIMI)yA4eL1,42t\i (Print Name)** Sign Name of Notary Public State of( f'1or2i DR ) ,/ �/ C���h FLf� X 7/�{.2 � • ,�-S O.�ZI.ti � ., �-r-.� ���01-c� Print Name o, Street Address a; �`norakVs=:.i" 1 Gty, State and Zlp Code FAfI}i FL4x Comm icameptreStCSTAT GFFluR!OA i Seal: COMMISSION au.C,MT;9N Telephone No. &Fax No.—MY CG).:\I'i, F>I'. iIEC.;t:Pf,i J **Each partner must sign. Attach duplicate sheets as required. Iesage rage : of o Lotter, Christine From: Leeds, Larry Sent: Saturday, October 28, 200612:35 PM To: Lottier, Christine Subject: FW: BARTLEY PLAT(120-MP-05) Chris: Please print out hard copy an place in the Bartley plat file, Thanks. Laurence Leeds, AICP Community Development Department City of Dania Beach 954-924-3640 FAX: 954-924-3642 -----Original Message----- From: Huizenga, David [mailto:DHUIZENGA@broward.org] Sent: Monday, October 23, 2006 11:22 AM To: Leeds, Larry Subject: RE: BARTLEY PLAT(120-MP-05) Thanks Larry! -dhh David Huizenga Broward County Highway Construction and Engineering Division 1 North University Drive, Suite 300B Plantation, FL 33324 954-577-4597 dhuizenga@broward.org From: Leeds, Larry [mailto:lleedsaci.dania-beach.fl.us] Sent: Friday, October 20, 2006 3:00 PM To: Huizenga, David Cc: Veillette, Lynda; Cooper, Irene; Bonneau, Bonnie Subject: RE: BARTLEY PLAT(120-MP-05) have spoke to the Public Services Director and he has no objection to the proposal. I concur as well. btessage Page 2 of 6 Laurence Leeds City o1 Dania Beach 100 West Dania Beach Boulevard Dania Beach,FL 33004 954-924.3640 a-mad: IleedsQcLdania-Oeach.11.us -----Original Message----- From: Huizenga, David [mailto:DHUIZENGA@broward.org] Sent: Friday, October 20, 2006 9:47 AM To: Leeds, Larry Cc:Veillette, Lynda;Cooper, Irene; Bonneau, Bonnie Subject: BARTLEY PLAT(120-MP-05) Larry, County staff is currently preparing a response to a "Letter of Objection" for the Bartley Plat in the City of Dania Beach, The Bartley Plat is located along the east side of SW 40th Avenue between Stirling Road and Griffin Road and this email message is intended to enlist your assistance with some "inter-governmental coordination" in our review comments. One of the items listed in the applicant's objection letter is our Development Review Report requirement for the applicant to "...provide a 50-foot wide easement connecting SW 40th Avenue to the east plat limits..." The reason our plat report included this requirement was our discovery that there isn't any public right-of-way or private easement for SW 58th Street. With no apparent right-of-way, the adjoining parcels to the east of this plat do not seem to have legal access. For your reference, I've pasted a copy of the BCPA.net aerial below: I0/30i2006 1 r 1 Approx. Locati6n of : a • a ti S As you can see on the aerial, SW 58 Street physically exists, but there isn't any obvious public right-of-way or easements. I've also checked the deeds for the abutting parcels to see if there was any reference to a separate private easement, but I was unable to find anything. The original plat isn't any help either. All of the parcels that front on SW 58 d Dade County lock 3 of Plat Bock 2, Pg. Street are Tub-parcels of here isn't any a/wlfor SW 58 Street t Bshown on the old plat. I've pasted 32 Dade). T a graphic from the old plat below' 10/30i2006 Message Page 4 of 6 I: 7034 $ . 7 6 f (�• Ji 1 k 10 1 A ti • —VA- It .3Eiw S 3s't6.S' 9265 r72�. • r� w The plat consultant has submitted copies of separate instrument easements (OR 3438, Page 829 and OR 42662, Page 1233) that apparently grant an easement for the northern 12 feet of the existing roadway pavement. The owner is proposing to dedicate a 25-foot wide "Access Easement" along the north side of the plat for 5W 58th Street. While this proposal won't fix the entire access problem for this neighborhood enclave, I believe that it makes the most sense given the location of the existing pavement, etc. I marked an enlarged aerial photograph with the approximate location of the plat, the proposed 25 foot access easeemnt, and the easements for the northern portion of the existing roadway. The aerial is pasted below for your reference: Page 5 of 6 Message i Easemeni • OR OR 42662, Page 1233 1' A i 1 S.'MI Err- Since this is really a local road / local access problem, I wanted to show you the applicant's proposal and to get your input before we reply back to the Letter of Objection. Please feel free to call me if you have any questions or need additional information. Thanks... -dhh David Huizenga Broward County Highway Construction and Engineering Division 1 North University Drive, Suite 3009 Message Page 6 of 6 Plantation, FL 33324 954-577-4597 dhuizenga@broward.org in/znnnn( Chade$ 0, Buckalew Consulting Engineering Services,Inc. 801 S.Ocean Drive,Suite 201 Hollywood,Florida 33019 Phone (934)927-0561 Mo bile:558 1189 Fax:926-7810 Ms. Corinne Church January 17, 2007 City of Dania Beach Planning and Zoning Department 100 West Dania Beach Boulevard i� ' i' i It ,'1 j�•j:i Dania Beach, Florida 33004 RE:Bartley Plat ®S.W.40 Avenue and S.W. 58 th Street Dania Beach,Florida Planning Comments Project No. 05-085 Dear Ms. Church, In response to the Planning and Zoning Depmtraent comments dated March 16,2006,the following is offered: Item No. 1. Incomplete information: See attached information provided. 2. Revise Application: See attached Applications for a)Plat b)Site Plan c)Rezoning 3. Identify hatched lines on survey: See attached revised survey.The roadway easement is shown and the overhead electric lines are shown. 4. Sidewalk adjacent to S.W.400 Avenue: See revised survey. 5. Park dedication: See attached appraisal for property. 6. Brawazd County Open space: See attached rezoning application to rezone the property to PRD. 7. Forty percent pervious area per lot: See breakdown of each lot, attached 8. Building coverage cannot exceed forty percent: See breakdown of each lot attached. 9. Lot 9 setback: This has bee revised. 10. Minimum twenty-for feet of pavement:This has been revised. 11. Wall on property line:This has been clarified. 12. Clarify landscape easement:This has been clarified. 13. Five-foot wall maintenance easement: This has been clarified. 14. Wall cross sections:This has been added to the plans. 15. Plat signature page:This has been resubmitted. 16. Plat signature page: See attached. 17. Tree preservation plan: See attached letter from landscape department. 18. Five foot planting easement along east side of plat.:This has been shown. 19. Site Plan review Required: Comment noted. if you have any questions,or require any additional information please reel free to contact this office. Very Truly Yours, Charles O. Buckalew Consulting Engineering Services, Inc. Charles O. Buckalew President cc'. Dorren Bartley r � 11S�pAnmrnt np H i c nA (iPl an rl t Ur[o SeNka nnmw f / CSE17LE RENT STATENMT a Tres or 1/ I. ❑ PHA 1 ❑ FWAA 1 ® Cnew.u...1 Ue;.dosd a. VA 3. 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'ogooY000 . ug YS o 00000cccoc ? o � � � Y E m c 0 ro � 9 8 yyY Y o00 p �w C p yyY � YY V YV � YY � $EC Z CY ," Q ` C• 0 YV : ; T � ` Q � a 6 Y Y '�' r II r C t C Y Y, U `Yo c u uuY � i� Y ' � :F[ cc i YC . . u . � iq • . i C3E �W E ; u Z E � YEuEm E JY E : € u .. c cE Ea c cc urY a < cupu 0 J � uaY „ Y Y : Y q*qu , c ; 3yr ya J y, � .v � o E . 4 y, + Ec � ? � Z E •€? c �Y'• � � �Y C � ` Y 0 " u G G agc � i � " p v oV C� Y r c E Y C � E � jyyVVNN C i � i � Op Cm � Oaoy Y - 11 YDY Y EY s c " C p 0.C C 0 6 0 Y � V C � � 1 X � • � j O c Y • 00 0 � !1 1 �H 9 �t Y PL-33-05 CITY OF DANIA BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday, June 26, 2007, at 7:00 p.m., or as soon thereafter as possible in the Dania Beach City Commission Room, Administrative Center, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following request: Doreen Bartley property owner is requesting approval for property generally located at the southeast corner of SW 40`h Avenue and SW 58`h Street for perimeter plat approval as follows: ORDINANCE NO. 2007-011 - AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY DOREEN BARTLEY, PRESIDENT OF EAGER BEAVER CONTRACTORS FOR THE "BARTLEY" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SW 40TH AVENUE AND SW 58TH STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE `BARTLEY" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Legally described as: Parcel 1 - The East 20 Feet of the West 230 Feet of tract 11, Block 3, of Section 31, Township 50 South, Range 42 East, as recorded in Plat Book 2, Page 32, of the Public Records of Dade County, Florida, less the North 307 Feet thereof, and subject to a road easement over and across the North 10 Feet; and the South 185 Feet of the East 100 Feet of the West 310 Feet of Tract 11, Block 3, of Section 31, Township 50 South, Range 42 East, as Recorded in Plat Book 2, Page 32, of the Public Records of Dade County, Florida; and the external area the chord of a 8.07 Foot radius curve concave to the southwest being tangent to the East line of the West 230 Feet and being tangent to the North line of the South 185 Feet, of tract 11, Block 3, of Section 31, Township 50 South, Range 42 East, as recorded in Plat Book 2, Page 32, of the Public Records of Dade County, Florida; Together with: Parcel 2 - That part of Tract 11, Block 3, of Section 31, Township 50 South, Range 42 East, according to the plat thereof, as recorded in Plat Book 2, at Page 32, of the public records of Dade County, Florida, described as follows: The South 100 Feet of the North 607 feet of the West 210 feet of said Tract 11, Block 3, excepting therefrom the West 33 Feet reserved for road purpose (also described as Lot "J" according to John 0. Brendla's survey of Lot 11, Block 3, dated September 5, 1952); and the West 210 feet of Tract 11, Block 3, Section 31, Township 50 South, Range 42 East, excepting therefrom the North 607 feet thereof and excepting therefrom the West 35 Feet thereof, reserved for road purposes (also described as lot "K" according to John 0. Brendla's survey of Lot 11, Block 3, dated September 5, 1952): Together with: Parcel 3 - The South 200 Feet of the North 507 Feet of the West 210 Feet of Tract 11, in Block 3, Section 31, Township 50 South, Range 42 East, excepting therefrom the West 35 Feet which is reserved for road purposes, all according to Reed Land Companys Subdivision Plat recorded in Plat Book 2, Page 32 of the public records of Dade County, Florida. Said land situate in the City of Dania Beach, Broward County, Florida and contain 1.92 Acres (83428 Square Feet), more or less. Copies of the proposed requests are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday- Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerks office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3623, at least 48 hours prior to the meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or 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 based. Lou Ann Cunningham Planning Associate Notice Date: Friday, June 15, 2007 Location Map: CF _ _. _SW 5sri;cT m CITY OF DD ANIA BEACH h RM-16 ' - $ RS-3 f E-1 THIS SITE sW 58TH ST',. 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OL-6Y 'S9 O< / O.i iF,�iii��i°i E yyyy yyY> d -+ m.^i w,pl.rl.GOwmiOE.faE06 `kly'Gj(`6MaY tE'H� M-rll JNE.EPE°s I C � �L C-rv.n.'nuFom 3y2 ��Ea��e� F^� - °�O 1 I • W iG6Eoz S1'22 2Y Or Yqb EI�SIIIOJd .V.RJMJ `v ^' O �$` 99yy cYtlYf rjA ie 1 I -02 — /J 1PSEJZ�VlDO ($YII YJEE0.EE5 I o.} � A yy@ P. x _• c o � �. 5 n�ry F. - _ __ _ } f«_-- o zy �q iiii Pt Eel nv I ----- —----- ----- ----- 6-. g mill ey fo.E _� P _ P� v�gH 8 q u N SV� Ifrz ,} x@g p Bp°y Imp" ��i�r• X�a�L- G I -�- 3(1N3/�H 430b J—,vaE.Eo.Eowo4boo �S1_ fig pk_ R$ z lszEl SS zr°s-IEm Jo awn Esa« y_aha =ao�aaa=A�s��eo,�$ �F�Paa;� eof � rovEco.Eox ,vaf.EaEon �o i CITY OF DANIA BEACH Agenda Item # /• Agenda Request Database Date of Commission Meeting: 6/26/2007 Adopt Resolution ❑ Adopt Ordinance (1st Reading) X❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: 6/12/2007 0 .. ,� 3 �.. .f.i2flue ON iW 6 {�.� n ' 4u.=,r� r =��s=Hk.�tik `NP Ft yLtj'r�+t' Mii'lN A, ORDINANCE NO.2007-012 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE REQUEST BY TARA KLEIN WITH THE FIRM CRAVEN THOMPSON&ASSOCIATES. REPRESENTING BROWARD COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES,TO REZONE PROPERTY LOCATED AT 4261 RAVENS WOOD ROAD,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 C-2 (COMMERCIAL),TO IROM(INDUSTRIAL RESEARCH OFFICE MARINE):SUBJECT TO CERTAIN RESTRICTIONS:PROVIDING FOR CONFLICTS:PROVIDING FOR SEVER AB IL TY',FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Wh�+Actio isNeg8 ,N w..... Whit Anion Acahltlsfies ...u.nnv arn= ..FL.1.Muu.4s. . s 4 ...,.,. ... � •. u.... . .. .... .. - ...v v._n a i a._ Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ RZ-69-06: The applicant, Craven Thompson &Associates, on behalf of Broward County Office of Environment Services, is requesting rezoning of a 9200 square foot parcel from C-2 (Commercial)to Industrial Research Office Marine (IROM) for property at 4261 Ravenswood Road (FIRST READING). HER, a ,zr'a `�+ ,x,r s r„ 9 r wy _'^P,P, t ,P. c,+:.:a :: �„ :,: rmr5...: � ="?3G5_ _„�' :, _e?r.,_ ?_ar __°» '`'',§t�,F� :, r" F�dda, ' 'x ywmm a `s REP M1 wed t r "x, ,xnWP594ktw�wa'e94 OR; I: "��t#'.".'" +�I!�.:�?v�i�wo,g.mkt:Frxad!�#.#�';ddd�at=f.�`.r€,�mu,dr� Ordinance Staff Report Location Map Application Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 FIN _. _.. Aathonzed'Signatures ;i , Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2007-012 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST BY TARA KLEIN WITH THE FIRM CRAVEN THOMPSON & ASSOCIATES, REPRESENTING BROWARD COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES, TO REZONE PROPERTY LOCATED AT 4261 RAVENSWOOD ROAD, 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 C-2 (COMMERCIAL), TO IROM (INDUSTRIAL RESEARCH OFFICE MARINE); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Planning and Zoning Advisory Board, sitting as the local planning agency, has reviewed this Ordinance and recommended its approval to the City Commission; and WHEREAS, the City Commission has considered this Ordinance at a duly noticed public hearing according to law; and WHEREAS, the City Commission finds that this Ordinance is necessary for the preservation of the public health, safety and welfare of the City's residents; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the rezoning request filed by the City of Dania Beach, for property located at 4261 Ravenswood Road, within the City of Dania Beach, Florida, is granted and the parcels as described in Exhibit "A" are rezoned from the "C-2" zoning classification to the "IROM" zoning classification, a copy of which request is attached to this Ordinance. Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any i reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 4. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on 2007. PASSED AND ADOPTED on second reading on 2007. BOB ANTON MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2007-012 EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF LOT 4, BLOCK 4, OF PLAT OF SECTIONS 28, 29, 31 AND 32, BEING IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 29 PAGE 32 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 225 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 4 BLOCK 4; THENCE WEST 135 FEET; THENCE SOUTH 92 FEET; THENCE EAST 135 FEET; THENCE NORTH 92 FEET TO THE POINT OF BEGINNING; LESS THE EAST 35 FEET THEREOF. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. (LEGAL DESCRIPTION BASED FROM WARRANTY DEED RECORDED IN THE OFFICIAL RECORD BOOK 18033, PAGE 136 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA.) 3 ORDINANCE#2007-012 Location Map: CITY OF DANIA BEACH a IROM C-0 RZ-69-061 SE-70.06 _ N e IROM R-1 C G.3 sw ais f CT SW42NASTJ w THIS STrE 3 RAC G,Z I' �< < sW 42xn er IROM C-2 I nANIACUTOFF CAN ,1 SW 44TH ST 0 �\ — G; RS-6000 R1-C - _ _ IROM IROM —SW 45TH ST -- ACCESS Rn ' CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: June 26, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director /�,N, pp Corinne Lajoie, AICP, Principal Planner eev_ SUBJECT: RZ-69-06: The applicant, Craven Thompson & Associates, on behalf of Broward County Office of Environment Services, is requesting rezoning of a 9200 square foot parcel from C-2 (Commercial) to Industrial Research Office Marine (IROM) for property at 4261 Ravenswood Road (FIRST READING). PROPERTY INFORMATION CURRENT ZONING: C-2 PROPOSED ZONING: IROM FUTURE LAND USE PLAN: "Industrial" PROPERTY OWNER: Broward County Board of Commissioners Adjacent Zoning District Future Land Use Existing Use Property Plan North C-2 Industrial Vacant/Retail South C-2 Industrial Parkin lot Rustic Inn East IROM Industrial Industrial West C-2 Industrial Parkin lot Rustic Inn The subject property is located north of the Rustic Inn on the west side of Ravenswood Road and is currently vacant. Broward County is proposing the construction of a 1,900 square foot waste water pump station. The applicant has applied to rezone the property from C-2 to IROM. A waste water pump station is prohibited in C-2 but regulated in IROM as a special exception use. If the zoning change is approved on second reading, the City Commission will consider the Special Exception and Site Plan at the same meeting. CITY COMMISSION PREVIOUS ACTION On June 12, 2007 the City Commission continued this item to allow the applicant to provide additional information. PLANNING AND ZONING BOARD RECOMMENDATION On May 16, 2007 the Planning and Zoning Board recommended approval of the zoning change to IROM. Message Page I of I Lajoie, Corinne From: Orlando, Dominic Sent: Friday, May 18, 2007 6:07 PM To: Lajoie, Corinne; 'Tara Klein' Subject: FW: PS-310 No we do not need to meet, Everything is OK. -----Original Message----- From:Tara Klein [mailto:tklein@craventhompson.com] Sent: Friday, May 18, 2007 3:31 PM To: Orlando, Dominic Subject: RE: PS-310 Yes, it is shown on all drawings now(see attached drawings). Do we need to meet to confirm this? From: Orlando, Dominic[mailto:dorlando@ci.dania-beach.fl.us] Sent: Friday, May 18, 2007 2:31 PM To: Tara Klein Subject: RE: PS-310 Hi Tara, What is FFE? 8.0? -----Original Message----- From: Tara Klein [mailto:tklein@craventhompson.com] Sent: Wednesday, May 16, 2007 2:02 PM To: Orlando, Dominic Subject: PS-310 Dominic, I just received an email from Corinne stating that I must have a letter that states we have complied with all comments you had on the Pump Station 310 before we can proceed to City Commission. The outstanding comment from you was in regards to the FFE being different on the Civil and Architecture drawings. This issue has been corrected and therefore was wondering if we could schedule a time to meet so I can show you this has been resolved? Please let me know so I can get a letter from you to Corinne before June 4th Thank you for your time, Tara Y. Klein CRAVEN THOMPSON 8c ASSOCIATES INC. 3563 NW 53rd Street Fort Lauderdale,FL 33309 954 739 6400 phone 954,739.6409 fax Wein;gcravenrhompson.com 5/21/2007 Page 1 of 3 Lajoie, Corinne From: Orlando, Dominic Sent: Monday, March 26, 2007 7:13 PM To: 'Tara Klein' Cc: Lajoie, Corinne; Leeds, Larry; Pato, Ivan; Ansbro, Tom; Williams, Leo; Florentine, Kathryn Subject: RE: PS310 We are in the process of adding street lights, traffic calming and side walks to area west of Ravenswood Road and working our way east to within original City limits. I suggest you include sidewalks. -----Original Message----- From: Tara Klein [mailto:tklein@craventhompson.com] Sent: Monday, March 26, 2007 4:48 PM To: Orlando, Dominic Subject: RE: PS310 Dominic, I spoke with Pat Gibney- the Civil Engineer in charge of the project- he said that there were no plans yet for this side of Ravenswood that is North of Griffin. I have attached a graphic to illustrate the location of this Pump Station. We would be happy to provide the sidewalk to comply with code. We just thought it would be a waste of money to do the 92' of sidewalk at this time if the county was going to eventually come in and do it but you understand that. Currently the sidewalk will die into a vacant lot- see attached. Please let me know—if there are no exceptions to the rules we will add the sidewalk per ADA requirements. Thank you for your time, Tara Klein From: Orlando, Dominic [mailto:dorlando@ci.dania-beach.fl.us] Sent: Monday, March 26, 2007 12:56 PM To: Tara Klein Cc: Lajoie, Corinne; Williams, Leo; Florentine, Kathryn; Leeds, Larry; Ansbro, Tom; Pato, Ivan Subject: RE: P5310 Ili Tara, The City was involved in a law suite regarding ADA/sidewalk issues. We have received several roquest to have sidewalks installed on various streets, some leading to nowhere. We have a resident that travels all over tiie City in a wheelchair. I had several meetings last year with ©C My understanding is the plans for the road work on Ravenswood Road have been completed_ The delay has to do with purchase of right of way and easements You should be able to ccordlnate your design with BC roadwork project. I can not support recommending a wavier. The sidewalks are required with all new construction, Based on my nevi ew comments, 1 have agreed to delaying co;,structicn of the sidewalks until the Ravenswood Road project proceeds. However if the road protect is delayed inceflnitely RC ;API to r=� „gib e fer conetr„ct'— .. of the sidewaiks as required by ADA. -----Original Message----- From: Tara Klein [mai Ito:tklein@craventhompson.com] Sent: Friday, March 23, 2007 9:01 AM To: Or!andc, Dominic Cc: LeJcie, Corinne �b Page 2 of 3 Subject: FW: PS310 Mr. Orlando, I saw that you had reviewed the Pump Station 310 that has come through for staff comments and approved it with conditions. Corrine is telling me that I need your recommendation as well for the sidewalk waiver to be presented to the City Commission. I'm not sure if this is a standard letter that you write stating the conditions on your review sheet or if we need to meet to go over the issues?To give you an update our client, Broward County, is planning to do upgrades on Ravenswood and it would be better to do the sidewalk when all other improvements are being done on the road instead of implementing it now with the fear that it would have to be moved later to correlate with the improvements. Please let me know what you need from me to get this necessary recommendation from you. I have attached the request for the sidewalk waiver as provided in the recent set that was submitted for staff review as well as your comment review sheet. Please contact me if you have any questions. Thank you for your time, Tara Y. Klein CRAVEN THOMPSON &ASSOCIATES INC. 3563 NW 53rd Street Fort Lauderdale,FL 33309 954.739.6400 phone 954.739,6409 fax iklein@crovenlhompson.com From: Lajoie, Corinne [mailto:cchurch@ci.dania-beach.fl.us] Sent: Thursday, March 22, 2007 4:33 PM To: Tara Klein Subject: RE: PS310 The project will be held at staff review level until the plans are perfect. So the next step is to revise the plans again to address every staff comment Yes, you should also be working with Dominic to get his recommendation regarding the sidewalk waiver. Corinne Lajoie, Principal Planner City of Dania Beach (954) 924-3704 -----Original Message----- From: Tara Klein [ma i Ito:Wein@ crave nthompson.com] Sent: Thursday, March 22, 2007 4:24 PM To: Lajoie, Corinne Subject: PS310 Corinne, I received the comments y,,terday for the Pump Station 310 and was wondering what the next step is to get to the City Commission? Also I noted that the sides% ik waiver now needs a recommendation by the Public Page 3 of 3 Services Director? Should I get a letter from Dominic Orlando? As for the height of the fence it is no problem to reduce the height to 6' and no need for a variance. Please let me know how to proceed as we are trying to get this project pushed forward. Thank you for your help, Tara Y. Klein CRAVEN THOMPSON &ASSOCIATES INC. 3563 NW 53rd Street Pon Lauderdale,FL 33309 954.739.6400 phone 954.739,6409 fax rklein craventhompson.com 3, 2 r., CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET "PLEASE REVIEW SITE PLAN AND RETURN WITH COMMENTS IF ANY Route Date 2123/2007 I I I PZ Log ASP 68-06; RZ-69-06 SSE 70 06 j Project ,Pump Station 310 � j "tN 1 3 7jJ1 Folio Revised Plans i PLEASE REVIEW THE ABOVE REFERENCE PRO)E;C,_J,FPR C�MNIEN TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S S AfF RFEC.Q, MF _..,4�J„0 O THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOIJI. ":R^ •b !1d. S.:! Route Via: Mail '._.� Pick Up h/i In-house Fire Marshal FJ Landscape BSO Public Ben ices �.i Planner Other Consultants J.CGA Approved as submitted `; Denied -' Comments must address prior Approved w/conditions ('; to PZ I Commission hearing -- / Y List Conditions SNvw c`.oki�i� T F.F_ u i s �i�'r 1 ryi �Lz /?L L�:t� Au i !lf Grru)Dic L'EiJSI jd�c>p /;LAB /AU THE 7iJErI�Z Fu7"tJk�c� ,6'C_ SrIHLc:. IK� L�iUE �'E4u//1� '', _i/pCl�r1L� t'r�' /•7Dr7 !�c'Et'U/k'G/y�n:� oK Fr1N)F�L/.tS� ctT-f F41rU/c_.G OC-5r e'!= Signature V' Date / Print Name CGA Project No. 971825.51 City of Dania Bench Ref. No. SP-68-06 DEVELOPMENT REVIEW COMMITTEE CHECKLISTS ENGINEERING REVIEW The following is a list of standard site plan requirements that are reviewed by the City of Dania Beach Public Services Department. This list is intended to give general guidelines only and is not to be considered all-inclusive. Depending upon the development additional items may be required. Site plan submittals without the following minimum criteria will be returned to the applicant without a complete review being performed thus resulting in additional delays to the site plan approval process until the information is provided. Project Information Project Name: Pump Station No. 310 Project Address: Name of Owner: Name of Applicant: Applicant's Address: Contact Number: Submittal Requirements ❑ A recent survey prepared by a Florida registered land surveyor, reflecting existing natural features, such as topography, vegetation, existing paving, existing structures, and waterbodies. Site information should contain legal description, including section, township, and range. Site boundaries shall be clearly identified, and ties-to-section corners. ❑ Stormwater Calculations and copy of previous permits from SFWMD or other agencies, if any. ❑ An application for final site plan approval which abuts a State Road shall be accompanied by a valid Pre-Application approval letter from the Florida Department of Transportation. ❑ Soils Report, if applicable. ❑ Lift Station calculations, if applicable. ❑ Provider of water and sanitary facilities. Utility agreement for water and sewer line extension, if applicable. ❑ Complete set of Civil Engineering plans as described below. Existing Site Conditions/Topographic Survey ❑ Provide a north arrow with reference and an engineering scale 1"=200' max ❑ Show all property boundaries with linear bearings and distances, curve boundary information and the building setbacks. ❑ Show all existing property lines, which are to be removed and label them appropriately. ❑ Sho;v all adjacent parcels with the graphical angle of departure of ad;acent property lines. ❑ Show all building and structures and label current use/facility name and finished floor elevation. ❑ Show all pavement, parking, and driveway access points on the property. ❑ Show all walkways/sidewalks/handicap ramps both adjacent to the development and opposite any existing roadways or intersections. ❑ Show all adjoining streets and alleys with names, rights-of-way and pavement widths ❑ Show all water lines, sanitary water lines, services, cleanouts, valves, hydrants within 100 feet, water meter vaults, backflow preventers, storm sewer systems, catch basins, headwalls, junction boxes, other structures, ditches and swales. ❑ Show and label all easements, both public and private with location and width. Define all easements by centerline bearings, distances and ties to property corners or page book and deed reference. Site Plan Sheet ❑ Clearly distinguish graphically between existing features and proposed features. ❑ Show all proposed property lines. ❑ Show all areas to be dedicated or reserved for public or private use and define with property lines or easements. ❑ Show all building setback lines. ❑ Clearly define the footprints of proposed buildings. ❑ Define with details typical cross-sections for all proposed public or private streets/alleys. ❑ Details should include typical pavement structure, size and type of curbing, shoulders, sidewalks, pavement widths, and right-of-way widths, as applicable. ❑ Internal traffic circulation, including directional arrows, and signs to direct traffic flow. Locations of all parking and loading areas. ❑ Show location of traffic control signs and pavement markings. ❑ All adjacent rights-of-way, with indication of ultimate right-of-way line, center line, width, paving width, existing median cuts and intersections, street light poles and other utility facilities and easements. ❑ Typical Cross-section of proposed construction. ❑ Show all internal sidewalks and provide handicap ramps per ADA and FDOT standards. Show ramp details. Paving, Grading, and Drainage Plan Sheets ❑ Provide preliminary grading plan. ❑ Provide preliminary storm drainage layout plan, which shows basic drainage locations with indicative pipe and structure sizes. Location of all drainage features, and retention areas, if any. ❑ Provide preliminary storm drainage easement sizes and locations, if applicable. ❑ Provide typical sections for proposed surface drainage (ditches, swales, retention/detention areas, etc.) ❑ Provide finished floor elevations for all structures (building, concrete pads, pump stations, etc.) ❑ Geometry of all paved areas including centerlines, dimensions, radii and elevations. Pavement materials. Utility Plan Sheets ❑ Existing and proposed fire hydrant locations, fire lanes and fire department connections. ❑ Designate the location of all proposed connection to water and sewer mains. ❑ Show all water and sanitary sewer easements (combined easements are not allowed, but overlapping easements are acceptable) ❑ Show all valves, manholes, sewer cleanouts, hydrants, meters and sizes. Sewer cleanouts in traffic areas shall be labeled as traffic bearing cleanouts. ❑ Show all backflow prevention devices. ❑ All food service dumpsters and compactors are required to have drains to a sanitary sewer. Second Review: No further comment with the understanding that the proposed force main will be covered under a separate permit submission. Reviewed by: John Messerian, P.E. Director, Municipal Engineering Calvin, Giordano & Associates r Concurred: Dominic Orlando, P.E. Director of Public Services City of Dania Beach, FL CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT -- ROUTING SHEET PLEASE REVIEW SITE PLAN AND RETtJAw NITH COMMENTS IF ANY Route Date r. _2/23/200T - PZ Log SP-66-O6. RZ-6 Project 9-0 - ------- __ iSE-70.06 ,Pump Station 310 - --- — Revised Plans - J Folio I504229011250 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. THANK YOU. Route Via: Mail Pick Up �� In-house L� Fire Marshal Landscape `� Public Services I_.I BSO I] Planner ❑ Other Consultants L ICGA Approved as submitted t - ---- -- Denied lr i - Comments most qdd ss orior to PZ/commission -,:d.-.g Approved w/conditions List Conditions Signature _ Date Print F:: March 22, 2007 MEMORANDUM TO: Corrine Church, Planner FROM: Patti Hoot-McLeod Landscape Consultant RE: Pump Station 310 SP-68-06 Landscape Plan Review I have reviewed the landscape plans for the Pump Station 310, SP-68-06, dated August 2006, and recommend approval. The plan exceeds the minimum requirements set forth b the City of Dania y y Beach. Respectfully submitted, Patti Hoot-McLeod Landscape Consultant CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE REVIEW SITE PLAN AND RETURN WITH COMMENTS IF ANY Route Date 2/23/2007. ---- _..___- _ -------- PZ Log i 68.O6; RZ-68-O6 -- - ---- --- — --� --'I Project ,Pump Station 310 - 504229011250 - Revised Plans '� Folio 1 PLEASE REVIEW THE ABOVE REFERENCED PROJECT F COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO TOHE PILANN NG NUVKHOAN AND BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick U rJ - JWX'I' p �-- In-house 1-1 Fire Marshal I�� E Landscape ❑ BSO v Public Services r Planner 1J � v Other Consultants I_;CGA Approved as submitted y c- Z Denied - ,. Comments must address prior - Approved w/conditions I - ' to PZ/Commission hearing - --- List Conditions Dclw itE�3 G - / r C 2 fl - � _ 3 I Signature Date Print Name AT 1 � ,,`.i',ltL:d Hazen and Sawyer,P.C. NWER 4000 Hollywood Boulevard�j (�y��D SA Tower Environmental Engineers & Scientists 750N,North FIL30 JU^! J 1 1p07 Haywood,R33021 954 987-0066 Fax:9S4 987-2949 June 1, 2007 '•tY ing DeuartMent Mrs. Corinne LaJoie Principal Planner City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Response to Comments from P&Z Meeting on May 16, 2007 Plantation Central WTP Broward County Pump Station 310 Dear Mrs. LaJoie: We can not predict the decibel levels that will be experienced after the pump station is constructed. We do not the pump model that the contractor will purchase. We have designed many pump stations in South Florida meeting local noise ordnances. Based on the size of the pump motors, we do not anticipate any problems with this station. As far as the generator is concerned, again, we can not predict the decibel levels that will be experienced after the pump station is constructed. The following points relating to controlling noise levels are being incorporated into the design: • The generator exhaust is being equipped with a hospital zone rated muffler • The generator room walls are being deigned with sound absorbing block • The generator room ceiling will be deigned for sound absorption • The generator room is being designed with an intake plenum which will help reduce noise • The generator room is being designed with an exhaust plenum that discharges air above which will help reduce noise levels. Attached is a photo of louvers from another project that are similar to the louvers that are being designed for this project. If there are any questions, please contact our office. Very truly yours, HAZEN AND SAWYER, P.C. MI W. g>�gvich, P.E. Senior Associate Attachment c: B.Leonard T.Klein G.Carr File 4200.173/1.0 Hwd:4200-173 LOO1.doc New York,NY•Armonk.W•PNlhimpru.PA•Detroit MI•RaleiQA.NG•CNarloor,NC•Fairha.VA•Atlanta.GA•Hollywood.FL•Biter,Uon,FL•Fart Pierre,FL•'amps.FL•Sarawta.FL•Coal Galrlee,FL Y ;. ,,:�,. st::,�„� ti , f Broward County Property Appraiser's Network Page I of I LORI PARRISH BRA A� IMPORTANT: If you are looking to purchase this property,the tax amount shown may have no relationship to the taxes you will pay. A,� C NTY Please use our Tax Estimator to determine a more likely estimate of • fW. your new amount. ��Noers 0 vow u�r FMT I [MW"Aw" SCIPA NOME Click here to display your 2006 Tax Bill. Site Address 4261 RAVENSWOOD ROAD , DANIA BEACH ID # 5042 29 01 1250 Property Owner BROWARD COUNTY BOARD OF COUNTY Millage 0413 COMMISSIONERS Use 00 Mailing Address 115 S ANDREWS AVE FORT LAUDERDALE FL 33301-1801 Legal MARSHALLS EVERGLADE SUB 2-32 D 29-50-42 LOT 4 S 92 OF N 317 OF E 135 LESS E Description 35 FOR CO RD BLK 4 Property Assessment Values Year Land Building Land Value AG Total Tax Current $75,900 $75,900 2006 $75,900 $75,900 $6.90 2005 $46,000 $46,000 $6.90 Save Our Exemptions Home Value Type 104 Widow(er)'sNeteran's/Disability Homestead Non-Exempt $76,900 Sales History Land Calculations Date Type Price Book Page Price Factor Type 12/1/1990 W $69,000 18033 136 $825 92.00 FF 3/1/1988 QC $100 5/1/1974 W $26,000 �—Adi. Bldg.S.F. Special Assessments Fire Garbage Light Drainage Improvement Safe 04 DS L IDS 1 .3 Please Note:Assessed values shown are NOT certified values and are subject to change before final certification for ad valorem tax purposes. http:/fbcpa.net/Reclnfo.asp?URL_Folio=504229011250 6/4/2007 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Assignment of Flex/Reserve Units Cl Land Use Amendment ❑ Plat ❑ Plat Delegation Request d Rezoning 7 a' J Date Rec'd: _ ®' Site Plan - f�Special Exception Petition No.: ❑ Special Request ! (ZZ- pc� 0(o ❑ Trafficway Waiver ❑ Variance ) ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address: 42b1 fZpr/>rNSWDOD $bPP Lot(s): _� Block: i_ Subdivision: 1 V!-',P&.32}UcRi PB2 D DM Recorded Plat Name: %,pu T ypsFx s zAp m W= 0p Tsos,M2,$s ox ELE�—es L'RND GO Folio Number(s):CjDq;M0ll2-SQ Legal Description: 5�1-�al,�u�menrT A" Applicant Consults Legal Representative (circle one)PAPA AI NtCRAVEIN4411"O , AW' Address of Applicant: 3qb3 h1W$sp'p C1_" AFT LPYVDEAP I Fi. FV 3330$1 Business Telephone: +iome: -0 Faxg5l'ne) 'b4D9 ?, Name of Property Owner' tnk filkt� UUNTN G CMD OF CO �t� �UIr��I C4 Mrn 1 ON MSS WON AILt Address of Property Owner: 11CjS �AMR�VY3 A FT LAUD�tyq.�Tw l=V 3330� Business Telephone:" 54 '01'VIK�ome: — Fax: Explanation of Request: BEQUEST' s �fl RE—UNIN6 S11V P VA1,'/ Prop, Net Acreage: Gross Acreage: 0-1-1 Prop. Square Footage: _ 2 S p'1 Exisiing Use: UACI�Nj WT Proposed Use: w .; property owned individually, by a corporation, or a joint venture' ��'" Attachment A: LEGAL DESCRIPTION: A PORTION OF LOT 4, BLOCK 4, OF PLAT OF SECTIONS 28, 29, 31 AND 32, BEING IN SECTION 29,TOWNSHIP 50 SOUTH, RANGE 42 EAST, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 32, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 225 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 4 BLOCK 4; THENCE WEST 135 FEET; THENCE SOUTH 92 FEET; THENCE EAST 135 FEET; THENCE NORTH 92 FEET TO THE POINT OF BEGINNING; LESS THE EAST 35 FEET THEREOF. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. (LEGAL DESCRIPTION BASED FROM WARRANTY DEED RECORDED IN THE OFFICIAL RECORD BOOK 18033, PAGE 136 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA). I u nd that site plan approval automatkalty explres within 12 months of CRY TApplOwnier proval, pursuant to Ordinance No. 2005-040. ipnature Print NameDate-T.1 V-Ar V—UtN to 5tRTANT, OR LEGAL REPRESENTATIVE NOTARIZED TORE Swomtoand subs itied�before the App4itantJS ilitepnsentattve: This V day of p v 20JL(O Signature Date: I I TPrpA AZl14 n Name of Notary Public (Print Name) State of �l 35b31�1W 53<�bsT. 1' tWD �FL nt Name of Notary Street Arldre5s,CAy, State and Zip Code Commission St Expires: I� 54.1-39-6`400 qsq. 739. E>*?F X Seal: CATNERDIE A.DONN Telephone No. & Fax No. # * NY COMMISSION rDD$041 EXPIRES;August29,2010 X,M Borded Thu BudPIH0Wr$wiu, INDIVIDUAL OWNER NOTARIZED SIGNATURE: This Is to cettiry that I am the fee simple owner of subject lands descoted aurae and that I have authorized (Aoi ariVCcnsUtant/Represenrm've) to make and Me the aforesaid application. Svrom to and subscribed L'zfore me Owner: This_day ot 2(_ Signature; Rate: Sign Name of Notary Pubic ;Print Name) Stage of( ) Print Name ct Notary ;trer_�t Address,Cty, State and Zip Code Commission Expires: Seal: `el)hone No, & Fax No, CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced 260,U Is the owner of subject land d cribed above and that t, as a duly authorized officer, have authorized (Applicantf Representative) ;Kirk JLnr eC wwff)J Tlf4ALra-a to make and file the aforesaid application. covorwf Sworn to and subscribed before me GerEeratian Name: sa4who AoloV 7his-Lo t day of LIAL n' 2oQ Signature: YW Date; /016/0& KHCA1 CVJAC? f" „ (Print Name) ?—' l c :I I t.�c., 'Diw � War �i Wnafi¢`� cdz��"u i `� a� bV Sign Name of Notary Public (Print title) State of( F L ) 01 s S (� Cov�,� S �F'd Pd �� FL Street Address, City,State and Zip Coda f 33o (. 1 LO:NaWEW"*n lRAVICK �Sy- 3I- 0 1�/ 11 `�s y_ 1 - 0 7 9 C lfta rr.reu�. g S CO I16 �y�llaya0e,2= Telephone No, A Fax No. tw/�ti BadaO B N Asti JOINT VENTUREIPARTNERSHIP NOTARIZED SIGNATURE: This Is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (ApplkmnVConsultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This_day of 20_ Signature: Date: — .— (Print Name)" Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. A Fax No. "Each partrer ,r,!:st sign. Attach duplicate sheets as required. April 5, 2007 ;t Mrs. Corinne LaJoie Principal Planner City of Dania Beach � 100 W Dania Beach Blvd. Dania Beach, FL 33004 � RE: PUMP STATION 310 CT&A Project No. 03-0077-001-02 Dear Corinne: Because we have complied with all comments through staff we are now submitting 10 sets of drawings along with 10 copies of the application, plat, and the Criteria Statement for Rezoning and Special Exception. Also included in this set are 10 copies of the 1 lxl7 color rendering as well as 2 copies of the rendering at full size 24 x36. Due to the comments regarding the sidewalk we have complied with the cities request and added in a 5' sidewalk per ADA codes. We have also changed the gate detail to show the gate at the city requested 6'. If you have any additional questions or comments please feel free to contact me directly at(954) 739-6400, ext.374 on this request. Thank you, CV�E/N THIOM�PS,ON^A,SSOCIATES, INC. 7U nk {�V`� TARA KLEIN cc: Pat Gibney- Craven Thompson & Associates CTA Project No.03-0077® September12,2006 City of Dania Beach, City Hall 100 West Dania Beach Boulevard Dania Beach, FL 33004 1 i RE: BROWARD COUNTY WATER & WASTE WATER SERVICES PUMP STATION 310- RELOCATION Criteria Statement CTA Proiect No.03-0077 A. Rezoning request from C-2 to IROM Existing to be Rezoned: C-2 (Commercial 2) Proposed Zoning: IROM (Industrial- Research Office Marine District) ADJACENT PARCELS: ZONING DESIGNATION AND LAND USE Zoning Land Use North C-2 Vacant East IROM Vacant South C-2 Restaurant West C-2 Parking Lot The current property is identified as C-2 but has a land use designation of Industrial. It is LTA's opinion that the proposed rezoning is compatible with all the adjacent property, with the addition of the proposed landscape mitigation measures. Objective XXIV: Develop and implement land use programs to encourage land uses programs to encourage the elimination or reduction of existing incompatible land uses and prevent incompatible land uses. Policy 24.1: Dania Beach shall minimize the impacts of the existing incompatible land uses through requirements within their land development codes and regulations, such as buffering and setbacks The proposed development is a small building with 74 percent open space. It is our opinion that this intensity does not adversely affect the adjacent and surrounding land uses and more so clean up this existing vacant lot to give some aesthetic quality to the area. The applicant will ensure a restriction on light pole heights and light levels and follow all landscape codes. CRITERIA 1. The use is permitted as a special exception use as set forth in the Schedule of Use Regulations, City of Dania Beach, in article 4 hereof. The special exception uses states "water or sanitary sewer treatment facilities, when located at least five hundred (500) feet from any property with a `residential' land use plan desigration" is permitted in the schedule of regulations. CTA Project No.03-0077 September 12,2006 ` 2. That the use will not cause a detrimental impact to the value of existing contiguous uses,to uses in the general area and to the zoning district where it is to be located. It is CTA's opinion that the use will be compatible with uses to the east, west, north, and south. CTA feels as though the proposed plan to this property will help improve the look of the area and help clean up what is currently an overgrown vacant lot. The following mitigation measures are proposed: a. A 15'Landscape buffer will be provided, with trees and a hedge on the east side of the property to help dress up Ravenswood Road. b. A 10' Landscape buffer will surround the south and west sides of the property to allow screening and canopy for the parking lot on the west and for SW 42nd Court which works also as an entrance to the restaurant on the south side of the road. d. Light levels will not exceed .5 foot candles at the southern property line and light pole heights are restricted to 20' height. 3. That the use will be compatible with the existing uses on contiguous property, with uses in the general area and the zoning district where the use is to be located and compatible with the general character of the area, considering population density, design, scale and orientation of structures to the area, property values and existing similar uses or zoning. The use is passive so there will be no disturbances to the existing area. The only thing this will be changing is the look of the area and cleaning it up. We believe the proposed use is compatible with the general character of the area. It is our belief that the proposed mitigation measures will negate any loss of property value and character conflicts. 4. That adequate landscaping and screening are provided as required in this chapter. The proposed Landscape screening is in accordance with the Landscape code requirements. 5. That adequate parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. The proposed Site Plan allows for one entry off SW 42"d Court. Ingress and egress can continence without disrupting existing traffic. 6. That the use will be consistent with the existing Comprehensive Plan. The Land Use is deemed Industrial and the Zoning is designated commercial so to change it to Industrial will be consistent with the comprehensive plan. 7. That the use will not have a detrimental environmental impact upon contiguous properties and upon properties located in the general area or an environmental io:pact inconsistent :with the health, safety and welfare of the community. Environmental mitigation is proposed for the site. These measures include: a. Landscape buffers provided on all sides: East: 15' Landscape Buffer provided NA est: 10' Landscape Buffer provided South: 10' Landscape Buffer provided CTA Project No.03-0077 September 12 2006 North: none - where Site abuts a vacant lot --- The-East side- although only 10' is required because-it abuts Ravenswood Road we have added in an extra 5'. b. There is no noise pollution that will be created by this site. C. No Fumes, odors and vibrations are anticipated. d. Light poles will not exceed 20' height. Light levels will not exceed .5 foot candles. 8. That the use will not have a detrimental effect on vehicular or pedestrian traffic, or parking conditions, and will not result in the generation or creation of traffic inconsistent with the health, safety and welfare of the community. We do not believe the traffic that the proposed use is projected to generate will not adversely affect existing traffic flows. All parking occurs on site and no off site parking is allowed or will be needed. 9. That the use will not utilize turning movements in relation to its access to public roads or intersections, or its location in relation to other structures or proposed structures on or near the site that would be hazardous or a nuisance. The use will utilize normal ingress and egress turning movements. No hazardous or nuisance maneuvers are anticipated. There are no structures or proposed structures that turning maneuvers will affect. 10. That the use will not have a detrimental effect on the future development of contiguous properties or the general area, according to the Comprehensive Plan. It is our opinion that the proposed mitigation measures minimize any impact on the value of existing contiguous uses and if anything improves current conditions. 11. That the use will not result in the creation of incompatible noise, lights, vibrations, fumes, odors, dust or physical activities, taking into account existing uses, uses located on contiguous properties, uses in the general area and the zoning in the vicinity due to its nature, duration, direction or character. We believe that the proposed use will not produce the above mentioned environmental effects. The proposed environmental mitigation measures are as follows: a. a Visual Landscape Barrier. b. No noise pollution. C. No Fumes, odors and vibrations are anticipated. d. Light poles will not exceed 20' height. Light levels will not exceed .5 foot candles. 12. That the use will not overburden existing public services and facilities. S tember12,2006 {� It is our opinion that the proposed use has very little impact on existing public services and facilities. 13. The use will be sufficiently accessible to permit entry onto the property by fire, police, rescue and other essential public services. A dedicated utility and emergency access is provided to sufficiently allow access onto the property by fire,police, rescue and FPL service vehicles. 14. That the use will be consistent with the definition of a special exception and will meet the standards and criteria of the zoning classification in which such use is proposed to be located, and all other requirements for such particular use set forth elsewhere in the zoning code,or otherwise adopted by the city commission. The applicant has reviewed all criteria necessary for the approval of the rezoning of the property in the City of Dania Beach and we feel we have met criteria of the zoning classification. In our opinion we have met all other requirements for such particular use set forth elsewhere in the zoning code. Sincerely, b0, CRAVEN THOMPSON & ASSOCIATES, INC. Tara Klein Assistant Landscape Architect cc: Joe Handley Pat Gibney February 16, 2007 nDepartment Mr. Sean Brown Fire Marshal City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 RE: PUMP STATION#310: SITE PLAN REVIEW COMMENTS CITY PROJECT NO. SP-68-06 CT&A PROJECT NO. 03-0077 Dear Mr. Brown: CRAVEN 1HOMPSON Please find the following responses to your comments: Comment No. 1: APPROVED WATER SUPPLY An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings, or portions of buildings are hereafter constructed or moved into the jurisdiction. C647 [1:18.3.1"] (See NFPA 1141 as a reference for additional &ASSOCIATES INC water supply and fire flow information - for minimum number of required hydrants and distribution) SUPPLY -ngineers (See NFPA 13, Chapter 15, Section A.15.2.1 & Handbook) Planners Surveyors Provide a Fire Flow Test to be witnessed by the Fire SUeYOf Prevention Bureau to determine adequate water supply. This must be scheduled through the Fire Prevention Bureau (954) 924-3656. Response: See attached Hydrant Flow and Pressure Test Results fro n Broward County Water and Wastewater Services. Comment No. 2: FIRE FLOW CALCULATIONS Provide Fire Flow Calculations prepared by a professional engineer currently licensed in the state of Florida for each newly constructed building in excess of 5,000 square feet in size. All calculations must be in accordance with NFPA 1 (2003 Ed.), Annex H - Fire Flow Requirements for Buildings. Response: See attached Fire Flow calculations. Comment No. 3: AHJ requires Knox entry system for the gates - obtain application from Fire Prevention Bureau. 3563 N.W. 53rd street Response: See the note added to this effect on sheet C-1. :On Lauderdale, FL 33309-6311 (954)739-6400 F9K (95k1 739-6409 l'J,st Felnn 2.=:-h Mr. Sean Brown CT&A Project No. 03-0077 February 16, 2007 Page 2 Comment No. 4: Identify the size of the existing water main adjacent to the property. Response: The existing water main is 12-inch size. The call out on sheet C-1 is revised to identify the size of the water main. Comment No. S: Identify the locations of the two closest fire hydrants. Response: Two Existing Fire Hydrant locations are identified on the Fire Hydrant Location map added to sheet C-1. Should you require any additional information regarding this matter, do not hesitate to contact this office. Sincerely, CRAVEN THOMPSON & ASSOCIATES, INC. PHILIP JOSEPH, P.E. Senior Engineer PJ/tg Enclosures cc: Mike Wengrenivich / Hazen & Sawyer Patrick Gibney / CTA C MNEN IHO, APSON &ASSOCIATES INC Fire Flow Calculations1 Fire Flow Requirement Building area = 1890 sq. ft. Construction type = II(000) I Minimum Required Fire Flow = 1500 gpm (Per Table H.5.1 of NFPA 1, 2003 Ed.) i Fire Flow Test Static Pressure, Ps= 62.369 psi Residual pressure, Pr= 53.211 psi Flow, Q= 726.2 gpm Available Fire flow, FF=Q((Ps-20)/(Ps-Pr))^0.54= 1660.695 gpm FL I C- az NOU-22-2006 05:00P FROM:BROWRRD COLT'"Y 9548310820 TO:9`' -17396409 P. 1 HYDRANT FLOW AND PRESSURE TEST RESULTS WORK ORDER# 427696 DATE 11OIL CUSTOMER NAME : CRAVEN THOMPSON _ PHONE # 954 739 6400 LOCATION : Ravenswood Rd& SW 42 St HYDRANT # 1 : PHR 30603901 HYDRANT#2 : PHR 30602901 HYDRANT# l DATE TIIvfE PRESSURE STATIC 11/21/06 11:06:48 AM 62.369 PSI RESIDUAL 11/21/06 11:11:58 AM 53.211 PSI HYDRANT#2 DATE TIME G.P.M. FLOW 11/21/06 11:11:58 AM 726.2 Flow calculated with a discharge coefficient of.90 EQUIPMENT USED : TELOGER model HPR-31 SN# 1403 TELOGER model EPR-31 SN# 1499 POLLARD DIFFUSER 2.5 in NUV cc 2006 05:00P FROM:BROWRRD COL" _V 9548310820 TO:9c 7396,109 P.4 PSI vs. Time (1499 Chi) I 1 I I I ' I I I I � I I I I I'1�1 1IgI Wfi ` I -- � ��_--------- --`i-L--------- -----------�- I I � � , I I , 1 I � I � I I I ' 1 , , I I I ' i 1 ' I � I , I , , I , I I I I 40.0 __________________ ----------- ----------- ___-_______-_________-___-____-___---____-__ , , I , I I I ' , I I I I i 1 1 I i I � I I I ' I � ' I � I 1 I , , ' , 1 1 , 1 I I I I I I , , I , , I , , I _____________________________________ I I I ' I 1 1 ' , , 1 , , I I I I � , I � , I I , , I , , I , 1 1 , 1 1 1 1 I , I ' I � 1 , 1 1 � I I , , 1 , , I , , 1 ___J______________________ 0.0 I 1 I I 1 1 1 11:00 00 AM 11:10:00 AM 11:20:00 AM 11:30:00 AM 11/21/06 11/21/06 11121/06 11/21/06 Hcl'1-22-2006 05:00P FROM:BROWRRD COL"y 9549310620 TO:91 17396409 P.2 PSI vs. Time (1499 Chi) I � j I � I I � I I I 1 1 � I I I I I I ' I I I I ; I 60.0 - ---- -----------;------------------- - -- -t----- 1 1 I I I I � I I ; I f � I I I I I I I 1 � 1 1 I 1 I � I I I I I � I I I � I I I I I I I I I I I � I I I I 1 I I I 1 I 1 I I I I � I I � 1 , 1 , 1 I 1 I I � I I ; I I , I I I I I I 1 1 � 1 I I I I I 1 1 � I 1 1 I � I I � I I I I I I 1 1 1 1 1 I 1 I I I � 1 I I I ; I ; I ; 1 I , j � I 1 j I I I I I , I ; I 12:00:00 PM 12:00:00 AM 12:00:00 PM 11/21/06 11/22M 11/22/06 IZO-22-2006 05:01F FROM:BROWRRD COL'"Y 9548310820 TO:9� '7396409 P.6 Hydrant Flow (gpm) vs. Time (1403 Chi) 800.0 I— — � — � — - -� — - -1- - - 400.0 200.0 I— - -� - --1 - -7 - -T - -T 7 - - 0.o — 11:08:00 AM 11:10:00 AM 1112:00 AM 11:14:00 AM 11:16 11/210 1112U06 11/21f 11121M 11 Idi^�-cc-�005 05:00P FROM:BROWRRD COLT"TY 9548310820 TO:99�17396409 P.S Telogers for Windows 2.6.4 printed thls table on 11/22/06 2:28:00 PM Page 1 nnel Plot 1: r._ Time 1199 Gil Avg 5167 11/21/0611:06:12 AM 63.004 5168 11/21/06 11:06:14 AM 62,418 5169 11/21/06 11:06:16 AM 62027 5170 11121/06 11:06:18 AM 61,807 5171 11/21/06 11:06:20 AM 61.758 5172 11/21/06 11:06:22 AM 61,954 5173 11121/06 11;06;24 AM 62.1 5174 11/21106 11:06:26 AM 62.564 5175 11/21/0611:06:28 AM 63.126 5176 11/2110611:06:30 AM 63.004 5177 11/21/06 11:06:32 AM 63.15 5178 11/21/06 31:06:34 AM 63.297 5179 11/21/06 11:06:36 AM 63.201 5180 11/21/06 11:06:38 AM 62.882 5181 11/21/06 11:06:40 AM 63.443 5182 11/21/06 11:06:42 AM 63.81 5163 11/21/06 11:06:44 AM 63.541 5184 11/21/06 11:06:46 AM 63.004 5185 11/21/06 11:06:48 AM 62.369 5186 11/21106 31:06:S0 AM 61.612 5187 11/21/06 12:06:52 AM 61.245 5188 11/21/06 11:06:S4 AM 61.929 3169 11/21/06 11:06:56 AM 63.126 5190 11/21/06 11:06:58 AM 63.834 5191 11/21/06 21:07:00 AM 63.346 5192 11/21/06 21:07:02 AM 62.711 5193 11/21/06 11;07:04 AM 62.393 5194 11/21/06 11:07:06 AM 62.076 5195 11/2110611:07:08 AM 62.222 5196 11/21106 11:07:10 AM 62.979 5197 11/21/05 11:07:12 AM 63.321 5198 11/21106 11:07:14 AM 63.736 5199 11/21/06 11:07:16 AM 64.127 5200 11/21106 11:07:18 AM 64.322 5201 11/21/06 11:07:20 AM 64.225 5202 11/21/06 11:07:22 AM 64,274 5203 11/21/06 11:07:24 AM 62.93 5204 11/21/06 11:07:26 AM 62.222 F IUU-22-2006 05:0 1 P FROM:BROWFRD COI"-Ty 9548310820 TO:9' -47396409 P.5 Telogers for Windows 2.6.4 printed Uus table on 11/22/06 2:29:07 PM Page 1 nnel Plot 1: Time 1499 Chi Avg 5315 11121106 11:11:08 AM 52.137 5316 11/21106 11:11:10 AM 52.332 5317 11/21/06 11:11:12 AM 52.772 5318 11/21/06 11:11:14 AM 53.333 5319 11/21/06 11:11:16 AM 53.919 5320 11/21/06 11:11:18 AM 54.09 5321 11/21/06 11:11:20 AM 53.993 5322 11/21106 11:11:22 AM 53.871 5323 11/21/06 It:11:24 AM 53.7 5324 11/21/06 11:21:26 AM 53.846 5325 11/21/06 11:11:28 AM 54.066 5326 11/21/06 11:11:30 AM 54.042 5327 11/21106 11:11:32 AM 54.017 5328 11/21/06 11:11:34 AM 54.383 5329 11/21/06 11:11:36 AM 54.725 5330 11/22106 11:11:38 AM 54.53 5331 11/21/06 21:11:40 AM 54.457 5332 11/21106 11:11:42 AM 54.359 5333 11/21/06 11:11:44 AM 53.846 5334 11/21/06 11:11:46 AM 53.431 5335 11/21/06 11:11:48 AM 53.651 5336 11/21/06 11:11:50 AM 53.651 5337 11/21/06 11:11:52 AM 53.309 5338 11/21/06 11:11:54 AM 52.943 5339 11/21/06 11:11:56 AM 53.089 5340 11/21/06 11:11:56 AM 53.211 5341 11/21/06 11:12:00 AM 53.651 5342 11/21/06 11:12:02 AM 53.993 5343 11/21/06 11:12:04 AM 54.017 5344 11/21/06 11:12:06 AM 53.919 5345 11/21/06 11:12:08 AM 53.431 5346 11/21106 11:12:10 AM 52.747 5347 11/21/06 11:12:12 AM 52.527 5348 11/21/06 11:12:14 AM 52.674 5349 11/21/06 11:12:16 AM 52.527 5350 11/21/06 11:12:18 AM 52.576 5351 11/21106 11:12:20 AM 53.211 5352 11/21/06 11:12:22 AM 53.553 +lLiV-22-2006 05:01P FROM:BROWARD COI"'TY 9548310820 TO:9r'�47396409 P.7 Telogers for Wrldows 2.6.4 printed Nis table on 11/22/06 2:21:19 PM Page 1 annel Plot 1: Tlme 1403 Chi Pow Ratel403 Chi How Total 5252 11/21/06 It:11:08 AM 708.5 5,826.7 5253 11/21/06 11:11:10 AM 756.8 5,851.9 5254 11/21/06 11:11:12 AM 745.3 5,876.8 5255 11/21/06 11:11:14 AM 727.1 5,901.0 5256 11/21/06 11:11:16 AM 710.9 5,924.7 5257 11/21/06 11:11:18 AM 616.6 5,945.3 5258 11/21/06 it:11:20 AM 699.2 5,968.E 5259 11/21/06 11:11:22 AM 727.6 5,992.8 5260 11/21/06 11:11:24 AM 662.8 6,014.9 5261 11/21/06 it:11:26 AM 666.4 6,037.1 5262 11/21/06 11:11:28 AM 704.1 6,060.6 5263 11/21/06 11:21:30 AM 721.9 6,084.7 5264 11/21/06 11:11:32 AM 744.4 6,109.5 5265 11/21/06 11:11:34 AM 679.2 6,132.1 5266 11/21/06 11:11:36 AM 705.0 6,155.6 5267 11/21/06 11:11:38 AM 668.0 6,177.9 5268 11/21/06 11:11:40 AM 737.9 6,202.5 5269 11/21/06 11:11:42 AM 693.2 6,225.6 5270 11/21/06 11:11:44 AM 694.7 6,248.7 5271 11/21/06 11:11:46 AM 692.8 6,271.8 5272 11/21/06 11:11:48 AM $08.2 6,298.8 5273 11/21/06 11:11:50 AM 634.7 6,319.9 5274 11/21/06 11:11:52 AM 704.1 6,343.4 5275 11/21/06 11:11:54 AM 609.9 6,363.7 5276 11/21/06 11:11:56 AM 769.8 6,389.4 5277 11/21/06 11:11:58 AM 726.2 6,413.6 5278 11/21/06 11:12:00 AM 683.3 6,436.4 5279 11/21/06 11:12:02 AM 622.7 6,457.1 5280 11/21/06 11:12:04 AM 666.4 6,479.3 52B1 11/21/06 11:12:06 AM 672.1 6,501.7 5282 11/21/06 It:12:08 AM 730.4 6,526.1 5283 11/21/06 1112:10 AM 733.3 6,550.5 5284 11/21/06 11:12:12 AM 702.6 6,574.0 5285 11/21/06 11:12:14 AM 679.7 6,596.6 5286 11/21/06 11:12:16 AM 636.9 6,617.8 52B7 11/21/06 11:12:18 AM 611.6 6,638.2 5288 11/21/06 11:12:20 AM 751.8 6,663.3 5289 11/21/06 11:12:22 AM 709.4 6,686.9 February 16, 2007 ivy%I Mr. Dominic F. Orlando, P.E. FEB '1 1 1007 Director of Public Services City of Dania Beach Planning 100 West Dania Beach Blvd. Department Dania Beach, FL 33004 RE: PUMP STATION #310 SITE PLAN REVIEW NO. 1 COMMENTS CITY PROJECT NO. SP-68-06 CGA PROJECT NO. 97-1826.51 CT&A PROJECT NO. 03-0077-001-02 CRKNEN 1HOMPSON Dear Mr. Orlando: The following are the responses to the comments by the Fire Marshal and Public Services regarding the Site Plan for Pump Station#310: Responses to Public Services Comments Comment.- Provide Existing water main size on Ravenswood Road. &ASSOCIATES INC Response: Water main size (12") has been added on sheet C-1. ,igineers Planners Comment: Indicate bacteriological sampling point location. Surveyors Response: The indicated water connection is only a 2-inch water service connection to the building which doesn't need a bacteriological sampling point. If the Health Department requires a Sample Point it will be provided during the permit process. Comment: Show off-site connections for the proposed pump station. Response: Off-site connections shown schematically on sheet C-1. The force main is being designed and permitted under a separate contract with Broward County. The final design of the force main will be submitted to the City for review in the near future. Comment.- Indicate size of tapping sleeve and tapping valve. Response: A 2" double strap service saddle and corp. stop is proposed for the water service. See the revised Preliminary Engineering Plan. 1563 N.W. 53(d Street in Lauderdale,FL 33309-6311 1954)739-6400 Fax(954) 739-6109 West Palm Beach Mr. Dominic F. Orlando, P.E. CT&A Project No. 03-0077-001-02 February 16, 2007 Page 2 Comment: Add one additional valve at tapping valve. Response: There are no tapping sleeves and valves proposed for the PS 310 Site Improvements. As stated above, the force main is being designed under a separate contract and will be submitted to the City for review in the near future. Comment: Add HRS water notes and water details. Response: Notes and Details will be added when final engineering plans are submitted for Building Department Permit. Comment.• Show or indicate check valves in force main to prevent grinder pump from pumping back into the building. Response: The grinder pump discharge is connected to the suction side of the booster pumps for re-pumping. Check valves will be provided on the discharge side of grinder pumps to prevent backflow into the wet well. The details will be shown when final on-site engineering plans are submitted for a Building Department Permit. Comment: Showpump station details, controls flows and calculations. Response: All details will be provided on the final on-site engineering plans. Comment: Need drainage and pre/post calculations. Response: See attached drainage calculations showing the proposed conditions. The site is designed to retain the 25 year 3 days storm event on-site. Comment: Need elevation certificate with F.F. = 7.25 ft. Response: The proposed finish floor elevation has been revised to 8.00 NGVD. Comment: Show fire hydrant coverage per code and Fire Marshal's requirements. Response: See Fire Hydrant Location Map on sheet C-1. Comment' Show pipe locations on Section C-C. Response: See revised Section C-C on Sheet C-1. Comment Sho w hose bibb at grinder pump. Response: A Hose bibb has been provided near grinder pump station on the north wall of the building. See sheet A-1. Comment: Show electric service to budding. CRKNEN 1HOMPSON &ASSOCIATES INC. Mr. Dominic F. Orlando, P.E. CT&A Project No. 03-0077-001-02 February 16, 2007 Page 3 Response: The FPL pad has been added to the Preliminary Engineering Plans. Comment: Detail of tap to existing force main. Response: As discussed previously, the proposed force main work will be submitted to the City for review in the near future. Comment. Are plans for Office of Environmental services, which may not exist now? Response: References to Office of Environmental Services are changed to "Water and Wastewater Services." A knox box will be provided at the gate for emergency access. The gates will be manually operated and all requirements of the Bureau of Fire Prevention's letter under the transmittal dated 12/21/06 will be conformed to. Should you require any additional information regarding this matter, do not hesitate to contact this office. Sincerely, CRAVEN THOMPSON & ASSOCIATES, INC. PHILIP JOSEPH, P.E. Senior Engineer PJ/tg Enclosures cc: Mike Wengrenivich / Hazen& Sawyer Patrick Gibney / CTA CRKUEN 1RC.MPSON &ASSOCIATES INC Cunningham, LouAnn From: Leeds, Larry Sent: Thursday, June 21, 2007 9:27 AM To: Cunningham, LouAnn, Loftier, Christine Subject: FW: Rezoning of 4261 Ravenswood Road (Ordinance#2007-012),( Broward County P.N. GS0173) Lou/Corinne: Please print out e-mail and attachments to include in backup if Louise has not sent out the agenda issue. If already out, we will pass out copies at CC meeting. Also, please add to powerpoint for the CC meeting. Thanks. From: Pato, Ivan Sent: Tuesday, June 19, 2007 7:57 AM To: Anton, Bob; Jones, Albert; Bertino, John; Anne Castro; Flury, Patricia Cc: Orlando, Dominic; Ansbro, Tom; Leeds, Larry Subject: FW: Rezoning of 4261 Ravenswood Road (Ordinance #2007-012),( Broward County P.N. GS0173) Pursuant to the commission's request attached is the information you asked for regarding the proposed lift station Broward County is seeking to build. If you have any more questions please let me know. Ivan Pato City Manager City of Dania Beach From: Leonard, Bob [mailto:BLEONARD@broward.org] Sent: Monday, June 18, 2007 2:55 PM To: Pato, Ivan Cc: Lewis, Angerette; Tara Klein; Lajoie, Corinne Subject: Rezoning of 4261 Ravenswood Road (Ordinance #2007-012),( Broward County P.N. GS0173) Mr. Pato, Please find attached the map of the Broward County District 3A Service Area requested at last week's Commission meeting. The map also shows the location of the existing Lift Station 310 just to the east of 1-95 and south of the 1-95 flyover. As readily seen, a large portion of Dania Beach is served by the County's District 3A wastewater facilities. Also attached are photographs of a newly refurbished lift station located at the intersection of West lot"Avenue and West 351h Street in Hialeah, which shows the general look of the proposed Lift Station 310. We are proposing to re-locate and upgrade the existing lift station to the west of 1-95 due to space limitations of the existing site as I stated during the Board meeting, but also to decrease the capital construction and operating costs of the future station and associated force main improvements. The new station will have the capacity to serve the projected increase in residential and commercial wastewater flows for the next 25 years, which are expected to double in the areas west of 1-95, mainly due to anticipated new construction and the elimination of all septic tanks in the area. Let me know if you need additional information. Bob Leonard Water& Wastewater Engineering Division Broward County Water& Wastewater Services Phone: 954-831-0969 Fax: 954-831-0798 6/21/2007 CITY OF DANIA BEACH Agenda Item # 0 Agenda Request Database Date of Commission Meeting: 6/26/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: r hga ' F2equesfed/�otlon..."-.(Idenfify;appropriateActionormotion) RESOLUTION NO.2007-116 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST SUBMITTED BY EUGENE BUKOVL FOR PROPERTY LOCATED AT 310 SW 4TH COURT,IN THE CITY OF DANIA BEACH,FLORIDA,FOR SPECIAL EXCEPTION APPROVAL TO ALLOW FENCE WELDING,LIGHT FABRICATION AND ASSEMBLY IN AN"IR"(INDUSTRIAL RESTRICTED)ZONING DISTRICT;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. What Action Accomplishes �)urchas n�Requests ONI. '��3 Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ SE-22-07: The applicant, Eugene Bukovi is requesting a special exception for a fence welding, light fabrication and assembly use in an existing building located at 310 SW 4th Court. k; ,..,,swas yea .!: 2,_ '�4+.5m+hifr'fi 3 r rt« -r rf Syr ewri &a: ^f- -7� mi'� rr Td rt;iE t,.,.,, .. :r Resolution Staff Report Application Public Hearing Notice Location Map Mailing list Backup Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-116 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY EUGENE BUKOVI, FOR PROPERTY LOCATED AT 310 SW 4T" COURT, IN THE CITY OF DANIA BEACH, FLORIDA, FOR SPECIAL EXCEPTION APPROVAL TO ALLOW FENCE WELDING, LIGHT FABRICATION AND ASSEMBLY IN AN "IR" (INDUSTRIAL RESTRICTED) ZONING DISTRICT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Zoning Code, Chapter 28,"Zoning",Article 4, "Schedule of Use Regulations", provides that fence welding, light fabrication and assembly is allowed in an IR (Industrial Restricted) zoning district as a special exception use; and WHEREAS,Eugene Bukovi has applied for special exception approval(SE-22-07)to allow fence welding, light fabrication and assembly in an IR (Industrial Restricted) zoning district, for property located at 3 10 SW 41h Court, in the City of Dania Beach; and WHEREAS, the Planning & Zoning Board on May 16, 2007 recommended that the City Commission grant the special exception request (SE-22-07), subject to conditions, based upon the criteria set forth in Chapter 28, "Zoning", Article 10.12, "Special Exception Uses", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application SE-22-07 filed by the applicant as identified above, for a special exception to allow fence welding, light fabrication and assembly within the IR (Industrial Restricted) zoning district,a copy of which application is attached and made a part of this Resolution as Exhibit"A", for property located at 310 SW 0 Court, in the City of Dania Beach, is approved, subject to the following conditions: 1) Business activity to be conducted inside the building; and 2) There shall be no outside storage of materials. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on ATTEST: BOB ANTON LOUISE STILSON, CMC MAYOR-COMMISSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2007-1 16 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: June 26, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director C. 4" — Corinne Lajoie, AICP, Principal PlannerC,(q_�e_ SUBJECT: SE-22-07: The applicant, Eugene Bukovi is requesting a special exception for a fence welding, light fabrication and assembly use in an existing building located at 310 SW 4th Court. PROPERTY INFORMATION ZONING: Industrial Restricted (IR) LAND USE DESIGNATION: Industrial (1) Adjacent Property Zoning District Existing Use North Industrial Restricted (IR) Warehouse South Industrial Restricted (IR) Warehouse East RD-8000 (east of FEC Single Family east of the Railroad Tracks) Railroad Tracks West Two-Family Residential Multi-family (RD-8000) The applicant fabricates, welds, assembles and sells metal fences for residential development. The applicant commenced business before applying for a city occupational license. The applicant was advised a City Occupational License is required. Because SW 4th Court is zoned "Industrial Restricted" (IR), the operation requires special exception approval by the City Commission. Based on aerial photographs, the building contains approximately 3,000 sq. ft. and is located on a 4,500 sq. ft. lot. The building is similar to many along SW 4th Court in that it does not meet current setback, parking, or open space requirements. Also, the building is not air conditioned, requiring that overhead doors facing east remain open when the building is occupied. While most buildings along SE 4th Court are vacant or used for storage, 2-3 assembly/fabrication uses currently operate in the area. Due to limited on-site parking, some employees who currently work in this area park along the east side of SW 4th Avenue. In order to conduct assembly, welding, and fabrication at this location, the applicant must request special exception approval from Planning and Zoning Board and City Commission. It is up to the City Commission to determine if the use will have detrimental impacts (noise, fumes, odors) on the surrounding properties. PLANNING AND ZONING BOARD RECOMMENDATION Approval of the requested special exception provided there is no outdoor storage or outdoor activity. STAFF RECOMMENDATION City Commission's discretion. City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request o nr,�3� o� ❑ Rezoning MR D Date Rec'd: a ❑ Site Plan ❑ Special Exception APR 1 p 7 Petition No.: ❑ Special Request ❑ Trafficway Waiver ❑ Variance Planning ❑ Vacation Request Department ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fact applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. n, Location Address: Lj Lot(s): Block: Subdivision: Recorded Plat Name: Folio Number(s): .; _';3 Legal Description: LA •)6 6K I ApplicantJConsultant/Legal Representative (circle one) Address of Applicant: !'' w ��� I c3 5+ A Business Telephone:'-J`t Home: �S5,! Cl Ic l yHu`7 Fax: CA;,t "t ki '+ Name of Property Owner: Ewq ye.. B�- F,"m Address of Property Owner: Business TelepWo e: -'1,3 Home: M ctuA Fax: Explanation of Request: ,� r � '•- .:> � i Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: Proposed Use: r,.nn C�:clu e/ CS�rn lllr c�\urn.. il<� Is property owned individually, by,a-Corporation, or a joint venture? I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. .Applicant/Owner signature PrintName Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This i day of i rtr, 20_) n Signature: ?k-A0,u c Date: Sign Name of Notary Public (Print N e) State of }r � Print Name of Notary cytreet Address, City, State and Zip Code `l�SWLL�Ia Commission Expires: it- e c15� C13� Sea]: Telephone No. & Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized , (Applicant/Consultant/Representative) B ICYAe K.K cu, to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: Ty\r This 44--f day of 20C' 7 Signature: Date: (Prim Silg Y Name of Notary Public (Print Title) State of 'o, .,L ) h.a'rwy. /�)�;/ �,r� � � „Ifs "0 3iU � • .. -33CC'11 Print Name of Notary Street Address, City, State and Zip Code Commission Expires: J %k`< t 1�`! (j:1d ot153 / 1" g \� � I - -u i `l7 t 3 Seal: Telephone No. & Fax No. JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE: This is to certify that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This day of 20_ Signature: Date: (Print Name)** Sign Name of Notary Public State of ( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. & Fax No. **Each partner must sign. Attach duplicate sheets as required. Criteria Statement From: To: Planning & Zoning Bukovi Inc. dba Fabuko To: City Commission CC# 02-10527 F-X Commercial & Liability Bldg. #MKB1910 Contractor Liability #PAC6624510 (F) Criteria 1.A Soeciai Exception is being requested by Bukovi Inc. dba Fabuko. The building purchased for this business is located at: 310 SW 4th Court, Dania Florida 33004. The business meets Special Exception Uses for IR-Industrial Restricted 4.20 #3 Welding #4 "Assembly and light fabrication of materials." The business fabricates shadowbox aluminum fence and assembles picket aluminum fence. The assembly of both products has no detrimental effect on the general area and zoning district. 27he building has been cleaned and restored to a safe, healthy structure. Both exterior and interior have been painted, the Fire Marshall has inspected/passed the building, the back flow tests have been maintained. In no way will this business impact the value of the existing area in a negative way. 3.The building use will be compatible with the existing uses in the area. The structure size will not be changed. With 7 employees, population density will not be affected. 4.No existing landscaping was present at purchase (prior cabinet business was not held accountable by city) Due to limited space a 30" wide by 15.6' long strip of gravel was removed and replaced by soil to allow rain-runoff to be reintroduced to the ground. Seasonal decorative flowering pants will be maintained in pots on the surface, the soil will be conserved with mulch and ground cover 5.The building provided adequate parking in front of the building. Delivery vehicles will pull parallel to fine property to load/unload, so traffic is never restricted. 6.To the best of our knowledge, the building use will be consistent with the Comprehensive Plan. 77he building use will not have a detrimental environmental impact The waste products produced by the fabricating/assembly process will be separated. The aluminum scrap will be recycled with Dania Scrap and keep our business local. Trash will be disposed by ACE Waste. An incentive program for local children will be established to collect trash and maintain SW 4th Court.(which is an unmonitored dumping site for local neighboring occupants.) 8.The building use will not affect traffic flow. All activity will be confined within in a 6' high fence, so vehicular and pedestrian welfare will not be at risk. 9.The building use does not require "turning movements". All loadlunload vehicles will pull parallel to property and depart in the same traffic direction. 10.The building use will not have any detrimental effect on future development, according to the Comprehensive Plan. 117he building use of fabrication/assembly will cause light noise and be compatible with surrounding properties. It will be considerably quieter than the East-Coast train hom which operates at a decibel higher than a safe level for any area residents and children playing outside. It will be considerably quieter than the music played by local vehicle radios. The fabricatiorVassembly process will not emit fumes. Any dust will be maintained on a daily basis. 127he building use will not require any excessive electricity or water usage. 137he building will have sufficient access for any essential public service. 147he building meets the definition for Special Exception per: Schedule of Use Regulations City of Dania Beach forlR 3."Welding." 4."Assembly and light fabrication of materials." 4 10.10 DANIA CODE M ass and their related accessory uses or any expansion, enlargement or modification of an existing special exception use shell be permitted only upon authorization by the city commission(afar review on an advisory basis by the planning and zoning board) provided that such uses shall,be found by the city commission to comply with the following requirements and other applicable require- ments as set forth in this chapter. (For additional standards applicable to a planned unit development, see article 7 of this chapter.) ( That the use is permitted as a special exception use as set forth in the Schedule of Use Regulations, City of Dania Beach, in article 4 hereof. ( That the use will not cause a detrimental impact to the value of existing contiguous uses, to uses in the general area and to the zoning district where it is to be located. I ( That the use will be compatible with the existing uses on contiguous property, with uses in the general area and the zoning district where the use is to be located and compatible with the general character of the area, considering population density, design, scale and orientation of structures to the area, property values and existing similar uses or zoning; ( I That adequate landscaping and screening are provided as required in this chapter. That adequate parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. ( I That the use will be consistent with the existing Comprehensive Plan. ( I That the use will not have a detrimental environmental impact upon contiguous properties and upon properties located in the general are or an environmental impact inconsistent with the health, safety and welfare of the community. ( ) That the use will not have a detrimental effect on vehicular or pedestrian traffic, or parking conditions, and will not result in the generation or creation of traffic inconsistent with the health, safety and welfare of the community. { That the use will not utilize turning movements in relation to its access to public roads or intersections, or its location in relation to other structures or proposed structures on or near the site that would he hazardous or a nuisance. ( ' ) That the use will not have a detrimental effect on the future development of contiguous properties or the general area, according to the Comprehensive Plan. ( ) That the use will not result in the creation of incompatible noise, lights, vibrations, fumes,odors, dust or physical activities, tekfng.into account existing uses, uses located on contiguous properties, uses in the general area and the zoning in the vicinity due to its nature, duration, direction or character. ( ) That the use will not overburden existing public eervices and facilities. ( ) That the use will be sufficiently accessible to permit entry onto the property by fire, police, rescue and other essential public services. ( ) That the use will be consistent with the definitioii of a specalaflexciAtItin and will meet the standards and criteria of the zoning classification in which such use is proposed to be located, and all other requirements for such particular use set forth elsewhere in the zoning code, or otherwise adopted by_tha.city commission. (g) In issuing its decision to grant a special exception,the city Commission may place more restrictive requirements and conditions on applicants than are provided in the zoning code when the conditions are based on site considerations and its u0b, and the potentially resulting impacts upon the surrounding area or loping district where the subject property is located.Acondition may not be based upon reasons other than those pertaining to land use principles.A decision to grant a special exception,@hall not he made unless and until the procedures in this chapter have been complied with. Supp. No.70 1768 Z. 11/22i2O06 16:06 DANIA BEACH GMD 99549214713 m_ + ._ N0.951 D01 1 3 W 4.20 AAi EACH CO v �, x m4 P SCHEDULE OF USE REG (iNB x CITIrW DAXLOJ ACF1 m DISTRICT SPECIAL PURPOSE P$RMM`TED U 4-' 'U SON USES 3 m storage v ' (A,`Cas ahall not be A y�y visible from any lnad�ay de&ig- natod as n Broward Countyll-&f- RewaR p. Outdoor atarege area shall be .screened on all sides by a mia;. mum aiz foot high well or building. trio (See Sections 16.10 through 16.70 for Dt0 regulation,,) Industrial Research - Ol7ice In An IR District is in. 1. Scorage war*- 1. Ulm ogatamM* X'Automobile, butt, Restricted tended to provide suit- hou&m. ""ta'p{m y�{t fir, aq�rryde, Industrial able areas for develop- I. Ca"mal.earpeater, orappmvadagacLlay .beat, recreates vehi• / ment of induatrial N Aiture, plumbing, cepuon utaa, eL aalm, dispyR r prorsesingaadamem• aleetrieal, air owtdi- - yslr, satvio� 8e blyexceptthoowhich tioniag, engraving, adverasly impact ad- glass, or home Im- g"retal.UA 4 auuJag of ass. residential er- praysmestahopwithin �terlalt. ens. acometely anclomd A riding sheet building. sad de 8. DIAtm, exeludiul -- rultat~ manufaa 3 O medical and dental of. M Bees. mbyt and light a. 8boxroom use, ex. of eluding retail mlas. AlL IPT Petroleum 7b create an area for 1. Petroleum tanks. I. Uses auatemoil7 L Teaksoreaucc rw Tank Farms storage in bulk ofpe• IncidsottotLsparnllf. 9varkM-five(45)0w treleum and psRdeum tod use. In height products including oil&, gasoline fuels, gruse and Iubricanta ,1 6ure,,No so 271s.2 M :1 y WI T FENCE ERECT.LON 02-10527-F-X At, t$UKpVI. IVgE -%ALIFYING 1. a''e°',` BUKOVI I CJa7B/A FABUk - 310 SW 4 COURT z f DANIA FL IRES 08/31/2008 r Bi�'WNARD CERTIFICATE OF COMPETENCY � "Tc �nr` � — — — Detach and SIGN the reverse side of this off \EN GE Pg0 oF \v r1— COUNTY card IMMEDIATELY upon receipt! You pt f K1� �� 101t� should carry this card with you at all times. (Go Gv RpF\ MC NSV'MBE EOOIgF 0� z Y` � O 0b��R{p�y _ G\WLPuo��F CN f yz o� p F G JF,A�gON — BUKOVI, EUGENE .�U GOJ SIP bB FP�P`F 1710 N 62 AVE 90 Go p GGM�pB\P V .aR�4 CP\V ,t PEMBROKE PINES FL 33024 GPt G � f� WPF�F OF ti l 503-207(Rev.5/06)BP200626315 11-29-2006 TOM GALLAGHER STATE OF FLORIDA CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 12/16/2006 EXPIRATION DATE: 12/15/2008 PERSON: BUKOVI EUGENE FEIN: 650906419 BUSINESS NAME AND ADDRESS: BUKOVI INC 1710 N 62ND AVENUE HOLLYWOOD FL 33024 SCOPES OF BUSINESS OR TRADE: i- FABRICATION 2- FENCE ERECTION IMPORTANT: Pursuant to Chapter 440 . 05041, F.S., an officer of a corporation who elects exemption from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter. Pursuant to Chapter 440.05112), F.S., Certificates of election to be exempt_. apply only within the scope of the business or trade listed on the notice of election to be exempt Pursuant Is Chapter 440.05(13), E.S., Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation it an any time alley the filing of the notice or the issuance of the certificate, the person named on the notice o certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure nl the person named on the certificate to meet the requirements of this section. DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 09-06 QUESTIONS? (850) 413-160 PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES F IMPORTANT DIVISION OF WORKERS'COMPENSATION Pursuant to Chapter 440.0504), F.S., an officer of a Corporation who CONSTRUCTION INDUSTRY O elects exemption from this chapter by filing a certificate of election CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA L under this section may not recover benefits or compensation under in s WORKERS'COMPENSATION LAW0 D chapter. P EFFECTIVE: 12/16/2006 EXPIRATION DATE: 12/15/2009 Pursuant to Chapter 440.05f12), F.S., Certificates of election to be PERSON: EUGENE BUKOVI H exempt.. apply only within the scope of the business or trade listed on FEIN: S50906419 E the notice of election to be exempt. BUSINESS INCS NAME AND ADDRESS: E Pursuant to Chapter 440.05f13), F.S., Notices of election to be exempt No N sznO AvSrvuE and certificates of election to be exempt shall be subject to revocation if, at any time after The filing of the notice or the issuance of the HOLLYWOOD. FL 33024 certificate, the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the SCOPE OF BUSINESS OR TRADE: person.named on the certificate to meet the requirements of this I- FABRICATION 2- FENCE ERECTION section. QUESTIONS? (850) 413-1609 CUT HERE • Carry bottom portion on the job, keep upper portion for your records. OWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 09-06 M*UMNGRANC February 16, 2007 Debbie Bukovi Bukovi, Inc. Fabuko 310 SW 4 Court Dania Beach, FL 33004 Re: Package Policy#MKB 1910 Dear Debbie: Enclosed is the renewal of your Package policy, which has been paid in full. The policy term is from 12/15/2006 to 12/15/2007. Our goal is to provide you with the highest level of quality service. Should you have any questions please don't hesitate to contact us. Thank you for allowing us to serve you! Sincerely, BRUENING INSURANCE AGENCY, INC. Tania Hutson 2700 S. Commerce Parkway,Suite 309, Weston,FL 33331 (954)473-1406•FAX: (954) 473-1662 •www.Brueninglmurance.com G INSURANCE AGENCY, INC. December 5, 2006 Bukovi, Inc. dba Fabuko 310 SW 4 Court Dania Beach, FL 33004 Re: General Liability Policy #PAC6624510 Dear Debbie, Enclosed is the renewal of your General Liability policy. The policy term is from 10/16/2006 to 10/16/2007. Our goal is to provide you with the highest level of quality service. Should you have any questions please don't hesitate to contact us. Thank you for allowing us to serve you! Sincerely, , BRUENING INSURANCE AGENCY, INC. , Ingrida Pacchioli 2700 S. Commerce Parkway,Suite 309, Weston,FL 33331 (954)473-1406•FAX: (954) 473-1662•www.Brueninglnsurance.com TE(MM DOM YY ACORD CERTIFICATE OF LIABILITY INSURANCE DA PRODUCER 1 Q/11 2006 (954)d73-1406 FAX (954)473-1662 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bruening Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2700 S. Commerce Parkway ALOLD TER R. THIS THE COVERAGEIAFFORDED BY TE DOES �HE POL CDII EXTEND OR Suite 309 Weston FL 33331 INSURERS AFFORDING COVERAGE INSURED NAIC# Bukovi, Inc, dba Fabuko INSURERA:PennAmerlca/TAPCO 310 SW 4 Court INSURER B:INSURER C' Dania Beach INSURER D' FL 33004 INSURER NSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSR TYPE OFINSUMNCE POLICY NUMBER DATE MM/DD DATE MM/DO/YY OENEML UABIUTY LIMITS EACH OCCURRENCE f 300,00( X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED A CLAIMS MADE �% OCCUR PAC6624510 PREMISES Ea OCCUR f 50�00( 10/16/2006 10/16/2007 MED EXP An one erson f 5,00( PERSONAL S ADV INJURY f 300,00( GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE f 600,00( PRO- PRODUCTS-COMP/OP AGO f 300,DOC POLICY JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) f ALL OMED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) f HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) f PROPERTY DAMAGE (Per accidenl) f GARAGE LIABILITY ANY AUTO AUTO ONLY-EA ACCIDENT f OTHER THAN EA ACC f AUTO ONLY: EXCESSIUMBRELU LIABILITY AGG f OCCUR CLAIMS MODE EACH OCCURRENCE f AGGREGATE g DEDUCTIBLE 9 RETENTION S 9 WORKERS COMPENSATION AND f EMPLOYERS LJABIUTY TORI T OT NY PROPRIETOR/PARTNER/EXECUTIVE LIMITS ER E.L.EACH ACCIDENT f OFFICER/MEMBER EXCLUDED? If yn,describe udder E.L.DISEASE-EA EMPLOYEE f SPECIAL PROVISIONS Eebx OTHER E.L.DISEASE-POLICY LIMIT f DESCRIPTION OF OPEMTONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENVSPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION (954) 924-3651 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Dania Beach EXPIRATION DATE THEREOF, THE 188UIN0 IN WILL ENDEAVOR TO MAIL 100 W. Dania Beach Blvd. 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT Dania Beach, FL 33004 — FAILURE TO DO 80 SHALL IY►OS[No LID OR LIABILITY OF ANY KIND UPON THE INSURER ITS AOENT80R RE SE V . AUTHORIZED REPRESENTATI ACORD 25(2001108) OACORD COR ORATION 1988 INS025(DTDB).oB AMS VMP Men~Savona.lnc.(800)727-OSA8 Pape t mz 5582 N.W.7fh STREET SUITE 202 TELEPHONE. (332220 1�01a1y ry�q� gurUPijor$ �(�L•N SURVEYNo.4-0013665 TELEPHONE:(705)220-7171 �{.'tl A-f V i;' (✓ FAX:(005)2040229 ccnn LAND SURVEYORS SHEET ND. / OF DRAWN BY: 4"+ Survey of Lot: 26 Block: 1 Subdivision: VICTORY HEIGHTS According to the Plat thereof as recorded in the Plat Book No. 21 at Page No. 2 of the public records of BROWARD County, Florida. Property Address: 310 SW 4 CT, DANIA BEACH, FL 33004 For: BUKOVI, INC A FLORIDA CORPORATIO Date: 11/29/2004 LOCATION SKETCH NOTTDSEALE IT - ' I > 4 .... p ABBREVIATION AND MEANING =AAc. -xzxvrYs. ➢.P.-vrzarrr EASE}aNI. A.C.+AIA CON➢S2IO.YCA PA➢. lM)+MA9494➢DISSANC4. U P-VS 1T fOtB. A. N.H.+IMNYOfd X.M.+X1TA I6SSR. A.A.-ALV.YIN4V AMl. N.B.E.+EXIT.B.1OP. X.P.-AWDIIIKI. 'V''➢(INp1 BABE" NGV➢-NArl.GSODSSIC VSREI.fNSW. D E' ,go N.r.B.+BOB TO N scull.BIT c E.. a-NO.-xueaeE . _wwAaN:uxe. -- vrrYE"O/s+ cE.m a}s. •,• V• AT cvrrRu.Axcrc. oI.A.a HEgNAAD NVMY ABCOA➢S. OVSPtl6AO A a ANOL[, H.O +8A,I4 OI 881ASNOS. (CI O.BE a OAZOZN.V.ASWAD4 HOOXS X.-ovHRXAXG. LEGEND TYPICAL B.s.+COM':RPSH HL%R 4SAUCTUAE. P{Mr.-PAVG6X}. C.H.M.-C6VCMtt RLSA Xu[ ➢L.+PLATAR. - V.ANXAO U2ILISY T. P/L- C.y.9 -VALL lCRV1. CUAVS � -CAAZN LZM r4HCe. P P.0 POLYZ OP CVAVE�➢ '�" CW �E' PoTAr OP rAHGX 1 :o.m X" -rx:BETBB..,Nrzoxs. e�se: ,A Poc..POINr or caA¢xen¢Nr. CDMC.+cOACAX}d M -POIM Or BeGIWYING. cDxc. EVA. Or AEVEA.BI cvRVE. SURVEYOR'S NOTES: II.IF SNOW`,BEANINGSAREREFERREO/04NPSS WEu MERIDIAN,B O AYANANCC PABBNCNrS. BEE AOMG PIO(.E LAXD SUAVLYO�P.Ir INTNEOESAIPTJoNOFINEPROPENPY,IFNOr Nn IZIEARINGSAREREFENNEO P.S.-PWL➢WP 9L.H i0 COVNrv,TOWNSMPANPs GPEEN r. 2 Ry EN PA0 R)+AE DI ry. 11.IG SHOWN,ELEVAIIONS ANE REFERRED TO +ELEVASION PAIL AMOYtµ BHX E.V. PEEY Of N.4V D OF 19E9 APxCR,- NEE.-AX9IDPNf2. ll IJA515A SPECIFIC PURPOSE SVRVEY. eA/N-uouE-of-Nr. aI.TNEGLoSVRE IN TNEBOVNDARYAVAVBrIS AAooETr1.GT rPE. AAoros«NDIu. roureAiml roe _ —BSAOA vEANAO...rLo 1 NAIL P.. A Bzc dLHI'ATTON. o V. 'T.— ^A.o SURVEYOR'S CERTIFICATION: .+ucnon. -PH HT. NEREBYCERREY:TINITNS' AVEARYSURVEY OG'HE PROPERTVOESCRIBEO PENT".PBOEEBo B"SIONAL SNSVPANC[PAOGRBM. HEXEDµ N.AS RECExrLVBEEx SURVEYED AxOOPw w`unNER HV BUPERV15gN.AxO -flxu'C.WIL 4. XP BM.➢.L.e. r80B1. Cb/h/EB NIix illE UlxwLw rtGNGLSIANOAROS.s SETEORm BviHE fLgLOA I.- SINWEB1AXTIEc IE BOTTN. Of PROFES,.w AEsuBVEVOAS INCWPTER e,.,,A 11-1A OR6.1 ELSLKxT. -s DS. q,NNISTRATIVE CWEPURSVANT T0111.1 F Pe 1uPE5 -uv4r IEEE. L.i.e. POTBE -LOIs9r rLwx ELwATIox. L.X.E.-LAXL MAIMLWNfl LAYLVCXS. I9'IL.-UEILT1 LEGAL NOTES TO ACCOMPANY SKETCH OF SURVEY!SURVEY): t),INER y BE EASEMENTS RECOADEO IN rHE Pu&E RELOADS Nor SHOWN OH rNE SuRvev. Ef THE PURPoSEOF IMSSWVEIISFWVSE IN CBIAINMG NPIEINSURAHCEANO FI.W NCWGINO 51gVLO NOTBEU5f0 B MARRq ro.TE De FIEIO NUPq SI£uuI`AxpVS OF T,IEVABSiRACi CF IRIEWAL MnvEGBEMIOE TOOEPERMINERE[WtOE01x5TRvuENPS NA— V4• OCJ /�7n'/yL .Irws suavE..EEc1T. mGlroNsuwTAno`s,ressralrnoxs aesEar.ne`s avusEMExrs of necoao vaoGEssoN.L unO suavTATEN RRIA a—LOESc"m PROVIOED3Yw ToAPTESTINGN%ECVMPANr NAN[OPIES OG TNs sllxvEvmL.BEAR mE Ewevss=O sNEaF rneATTEsnuc LBWNGRYSUREYM SAOMNINGANN AGPAPWCREPRESENTATIDNOFTNE5uRVEYMORXPERFORMEDINTHE Aw SuRvEYOR). FIEI Eo I➢BE Pg1WNATA ENO1 SUlEAMWR NOT TOSGI£. T EASEMENTS AS SN APE PER MT BOOK u`LE590TNENAOE BNONW. BI THE TERM'EI.CAYYCWIExr'xFAx$v fflI AAO ABOVE G,PoweO ENCAd[NMfN REVISEO ON: 91.MEB.rSS VERIEYINXNG REGUUIIOHC MSTRICPIONS.SEWERS AND AEL BE AE5PoNM1 OFS TTIW PLOTPIANS AIM TEE CORRECT IN T QNWR TNEINAPPNOVAL ION AUIMRRATON TO AUTNo.l.INA NEW Io AA.E DIIIERIVOE INTEO,IMS"ENNAS NOTATTEMPTEO TO LOGTB FOVNNG ANOUR F)U TIOVE REVISED Try iwE FU`OG SUAVE rOIUS BEEN PREEARE0ip4 TxE EVCLISIVE USE 61iME ENniIES`ANED IIEREQV ME CER nGIG IE REVISED DN NES EXTEND AHYVNYAYEO PARTY I]) NE'. NIP HCp➢NAVE INVEOESIGW TE0 nfEnERE)N OESCRIBE04xV iV BE Situated in Zone: X Community/Panel/Suffix: 120034-0309-F N Date of Firm: 08/18/1992 Base Flood Elevation: Certified to: BUKOVI, INC A FLORIDA CORPORATION EUGENE S. BUKOVI AND DEBRA A. BUKOVI w F ATTORNEYS' TITLE INSURANCE FUND, INC. es HAGEN & HAGEN, P.A �O�q J�yO WACHOVIA BANK N.A. ITS SUCCESORS AND OR ASSIGNS AS THEIR 5�P INTEREST MAY APPEAR SEAL MW FLMA(w" Pioun *ururijors Jnr. SUR�E�Na Iwtentorc (xs)ao-si�t r�x(ms} xt-Daze ownw wr: A4 LAND SURVEYORS SHEET NO. Z of 2 BOUNDARY SURVEY SCALE =h -0' GOT2/ Lc�i-Z2 �KyF Lor-Z.� 10Lf9(a'/' Ei�oGr- fCAr- Fir$z" ifNa;O/ NaUI- C71`L il � 8: 8 �rz9 �roc.r/o 3/0 lilGrk—/ 4uiL �. Ur7n ' aaaiC. a.— /U "l s COHL/aN IA FTC �• t�:fYil �y✓Y iJPy ' ��^/ FI%k2� 23 ifsON�� T SURVEYOR'SNOTE: There mV be Eme nU r orded m the Public Retorde not the m thie Survey The puryp a of due Survey it for am in obu mi.9 Tidc Im. vd Finandng and sbuld not be and fot Co....p.�p.. SE-22-07 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday,June 26, 2007 at 7:00 am, or as soon thereafter as possible, in the Dania Beach City Commission Room, City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following: SE-22-07 - Eugene Bukovi, President and property owner of Bukovi, Inc. d/b/a Fabuko, is requesting special exception approval to allow a fence manufacturing business that will include welding, assembly and light fabrication of materials at property located at 310 SW 4'h Court, Dania Beach. Property is legally described as: Lot 26,block 1 of the Victory Heights subdivision, according to the plat thereof as recorded in the plat book no. 21 at page no 2 of the public records of Broward County, Florida. Copies of the proposed request is available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday—Friday please call(954)924- 3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerks office, 100 W. Dania Beach Blvd,Dania Beach, FL 33004, (954)924-3623, at least 48 hours prior to the meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or 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 based. Lou Ann Cunningham sw3RnsT SW 3"ST %. Planning Associate CITY OF SE 2M q SUEBEACH � � _ TTns se Notice Date: June 15, 2007 -S\V 3RD ST .. _. - �_R. U SW3RD rm LOCATION SNAP RD-8000 b _ P RS-6000 a sW 3RD YL 1-R RD-8000 Y3 5\YJRD PL S\V JIH 5T -R RD-8000 SW JTH 4T 0 O 0 O Y — O p N N m V W Ld X W m N (6 j U � N L1 'O U N n N M n N N M � NN NOMOMN0 (LON . V M (OO M M M M M M M M M M O O M M (O Y M M () Cmlm Y 4Y � YY `i oM m .I YN V J 04 V V 'd' V V p V V V V V V V V M LL N M O O M N O N 0 0 0 0 O L L (O O O O O O N O O O O O O O O O co O O O O O p 0 0 0 0 0 0 0 0 -j p O O p p O p O O O O M N W N M M M M M M M M M M M M M m LL W M (M M M M M M M Cl) M M M Cl) p J N M M M M M M M M CO M M M CO M = J M N M M M M M M M M M M M LJL. � U � LL LL IL LL LL LL LL LL LL LL LL LL LL LL Q N O LL LL LL LL LL LL LL LL LL LL LL LL N V QUQ Z LL � UQUQ UUU � UUU QUQUUUQUQ m (Mj W DZUUDDUDUU UUXO U W m W W W W W W o W W W W W W W W o J o O W Woo W o W W W W o J r m o g o m m m m m z m m m m m m m m Q LL g � a ME m m m m m o LL U Q } Z a Q a Q Q J Q Q Q Q Q Q Q Q LL Q J Z Q Q J J Q J Q Q Q Q a Q Miawoaaa ¢ aaoaaaaaaaaoaoogcaooaoaaaaaa U D Z LL W 0 0 0 0 0 x 0 0 0 0 0 0 0 0 M O LL x a 0 0 x x 0 2 0 0 0 0 W 0 0 0 00000000 m m Of m m m K m m m U� w w w w w = w w w w LO c W 0 W W W W W W W W W � W N O 0 F_ OD H � H H H F- F H H F- F- BEN 3 = owwww31- 3333: 3: 3W � oxv ¢ w < ommwwwow 20 at a co (mwwwwwa LU� aaaaam (L LU mp � m � F- F- z � � Xzzwzpz -' n -€ ZiaL ? aU, U) ((Dc (nQMaaaaaaE ' o u) z3: wcwwwwim� wL N , M N M O M M N r M M M N N V O M V O N M O O O OrM V (n � V N 00 ON (` NO Nth MW NONMC) 0 It Ill oa 30 z r � ¢U EE mm Vnl Qz(n z Ow Z >- � owx > m LL z � u � uaQa mlo 0 aU w w W It aQ ZamD0 Qy � >- nz m W U � M m } wa00owaQOmwm 1- 2Z (nDJZ WLLO -jHmzw mZx ZQZaQZ � Z 0 - WUZOF- W W m aaZ 0W 8 Q LU zJ 0 o zYQO w p LUO OUZg0p06 i C) aWw p ( - L a D � a Dm x p - Ed oOWwww <xZ � 0QF> � = wZ z m wo zuF : = ga w21W OO xa � � = aOf � g °oo °� zo � uLL 22a -1 0UxMU - m2gmLL2WUm = x2U2mzWLL JQ- L L V U U C CD CD O O O O CD O O CD O CD O O CD O O O O CD O O O O O O O O O (0 L0 z q. NM V 00 MO V (O (O (n ( r 00, MO NNNNN ha0 N MOMO NMa0 (O m m LL O O O O O O O O O O O O O O O O O O O NO 0 0 0 0 0 0 0 Cl) 0 0 0 0 0 0 0 (p l0 t O (O (O (O (O (O (O (O m (D m W a0 aD (O aD o0 OD N a0 N W a0 a0 a0 aD a0 a0 GO oD a0 OD V M 'C C U O N N N N N N N M M M M M M M M M M M M Co (U M M M Cl) M M M M M M M M M M C) M M M (`> M M (h M M M C, M M M 0 M M M M M p O D m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V (p N N N N N N N N fV N N fV N N N N N N N N N N N N N N N N N N N N N N N 0 Z I Y IT Y Y Y IT Y I Y Y Y IT Y I Y IT Y IT T 14 Y Y I IT I IT IT IT IT Y IT 61�1 o 50, 0 a 0 0 (n 60 in 6 (n (n 0 (n (n 6 6 to (n (n (n (n 6 Ln to Ln (n (n Lnn (n Ln 0 (n Ln (n (n (n V j C C) r O 0 � p M N N J m X W � c Q o. U d Ou OD O 00 N LO L� n M M Cl) V V V O O O O O O M Cl) M M M M J J J W LL * 11 Lr> 2 2 0 2 0 U U Cl) U M Q Q Cl) Q M W W J W J M 0] LL f n LL 0000 � " x U G o d' a c W Q CF ONO W tiQ B c EN dd (0 E N H O Z Z W OD U N N CO d 3 �: 3xZ VAIN(1 c•c `r. LLv Ucncno UO , ODO � , O O , Cl) O I- n rN M w W J w _ Z LL U Q m 0� w LU W Z W LL Y M W Q Q Q 0oFa8UQ � O0W2 J LLI o � 0 y = S -0 CD �_ ca m co m L U O C O O O O c) N d 0 O O O O O m m LL O O O O O ry lO L O O M M M 'C G O Ln L7 In In Un O^ f, @ y MMM M Cl) O m O O O O O O »> N N N N N N � o c q �tYY �i o CD M UFO LO L) U) U) U) V 1 i 5582 N.W.7th STREET SUITE 202 Noun *r ry y ry�+�y y. MI AMI,H FLORIDA ORI A 33126 20-3171 Sl V n p' u l u i 11 b/ b s � ;6 r. SURVEY Np.4-0 013 665 FAX:(305)264.0229 l R ll DRAWNBY: �v-t LAND SURVEYORS SHEET No. OF 2 Survey of Lot : 26 Block: 1 Subdivision: VICTORY HEIGHTS According to the Plat thereof as recorded in the Plat Book No. 21 at Page No. 2 of the public records of BROWARD County, Florida. Property Address : 310 SW 4 CT, DANIA BEACH, FL 33004 For: BUKOVI, INC A FLORIDA CORPORATIO Date : 11/29/2004 LOCATION SKETCH NOT TO SCALE INIG mG°° I I °I sl`ITI 9 HLyAY :. 33 LS (J 3 zsE o N . .var �o�'i�-ST R » • • _ Y d E a 5 �2 N 4O> 5 II S �..RAIV040 •y T .. f 5. c � c 14_,r 7,107 ABBREVIATION AND MEANING A =ARC. U.S.:UTILITY EASEMENT. A.C.=AIR CONDITIONER PAD. = MEASURE. O.P..UTILITY POLE. A.E.=ANCHOR EASBNBNT. (I)=MEASURED DISTANCE. F.N.=WATER ASTER. A.A.: ALUMINUM ROOF. H A.A.P.N.-NOT A PA NANBOLE.RT OF M.F.=HOOD FENCE. A.S.=ALUMTHDI(SHED. . . M.S.=MOOD SUED. MPH,=ASPHALT. NGVD : NATIONAL GEODETIC VERTICAL DATUM. M.R.= MOOD ROOF. B.C.= BLOCS CORNER. N.T.S.= NOT TO SCALE. 4, .MONUMENT LINE. SLOG. F-NO.=NUPIDSR. , = RENCH MA - CENTER LINO. 0/S OFFSET.B.N.=BENCH MARK. <7- CENTRAL MOLE. B.C.R.. BASIS O COUNTY ASCOA➢S. O.H.= OVERHEAD �_AMBrv. R.O.R.- CALCULATED. OF DGRINGB. O.R.L.= OYSAHSA➢ UTILITY LZN£E. (C) . CATCH NASD. O.A.B.= ORIGINAL RECORDS BOOS. c.S.- CATCHTESEN. o.VICY OVEHLLAT. LEGEND TYPICAL C.B.S.. CONCRETE BLOCS WALL. PVMT.=PAVEMENT. PLR=PLANTER. �H- OVERHEAD UTILITY LINES C.B.N.. CONCRETE%BLOCK MALL. PIE -PROPERTY LINE. C.B.S. - MALL FERN). CB - CHORD. -K0t- C.L.F. - CHAIN LINE PENCE. CH.B.= CHORD BREAKING. P.C.C.=POINT OF COMPOUND CURVE. CL.= CLEAR. P.C.=POINT OF CURVE. I.F. = IRON FENCE. C.L.F.= CHAIN LINK FENCE. PT, POINT OF TANGENCY. -/Hh M.F. = WOOD FENCER C.N.E = CANAL MAINTENANCE EASEMENTS. POE.=POINT OF BEGINNING. '0.00 = S%ZSTING ELEVATIONS. CONE.= CONCERT£. P.O.R.=POINT OF REVERSENC. C.P.= CONC, PORCH, P.A.C.: FARAWAY. OF REVERSE cuAVE. SURVEYOR'S NOTES: C.S.= CONCRETE SEAR. 'NYRAN= PAREMAY' O.S.= DRAINAGE EASEMENT. PAN - PRANAHSNT REFERENCE SURVEYOR. 1)_IFSNTHOWNRIPTIOBEARINGS ARE FTHEP PROPERTY Y IF NOT. FIt UMERIDIAN ARE UDPLAT RE EAR ➢RIVE.= DRAINAGE NAINTENANCS SASENRNTB. P.P.R.: PAOFEESZONAL LAND SURVEYOR. T THOUNTY, IPTIONOFTHE PROPERTY IF NOT. frrrntiEAR!NGS AR[REFERHEU DRIVE - DEGREES P'P'' POME'Y POLE TO COUNTY TOWNSHIP AR E. = DEGREES. P.P.S.= POOL PUMP, SCAR S.T.P.=ELECTRIC TRANSFORMER PAD. (R.. RECORD DISTANCE. ZI.IF SHOWN,ELEVATIONS ARE REFERRED TO ICLEV, EL£VASION. PA.= ARIL ROAD. THIS ELEV. FEET OF N.GVO.OF T9Z9. ENCR = FNCROACDRALT RSS.= RESIDENCE. 4),THEE CLOSURE IN THE VEY SURVEY F.N.= FIRE HYDRANT. R/N-RADIU-OF-NAY. <).THE CLOSURE INTHE BOUNDARYEURVEYIti ABOVE!]EGO FT F.Z.P.= FOUND LACK POPS, AAD.-RADIUS OR RADIAL. F.Z.A.- FOUND IRON ROD RGE.=RANGE. F.F.S.= FINISHED FLOOR SLSVATZON, A.O.S.=ROOF OVERHANG BASEMENT. SURVEYORS CERTIFICATION: F.N.D.= FOUND MALL i DISK. SEC.= SECTION. Ff.= FEET. STY.= STORY. HEREON HASR RECENTLY THIS'BOUNDARY SURVEY OF IHi_nROPERTYDESCRIBED FNIP.= FEDERAL NATIONAL INSURANCE PROGRAM, SMK.= SET THEK. HEREON HAS FECEMWIMUENSURVICAL STANDARDS U S,T FORTH BYT SIONAND THE FLORIDAF.N.: FOUND NAIL. S.LP.. SET IRON PIPE L.B. /6014. CO.NPLIESWITHTXEMINIMUM TECHNICAL SING PTtR5,'GI7 RFLORIDA FLRIO H.= HIGH (HEIGHT) E.= SECON. BOARD OFATIVECDEPU LANNT T04YORS INH111FS FLORIOA SN.L.P.= INGRESS AND SGA655 EASEMENT. T - SECONDS. L.P.= LIGHT POLE. T = TANGENT. ADMINISTRATIVE CODE PURSUANT i0<]20Y,FLORIDAORIOA SIAIUIEE. L.F.E.= LOWEST FLOOR SLSVATION. TMP - TOWNSHIP. L.I.E.= LAKE MAINTENANCE EASEMENT. UTIL.- UTILITY. � - l LEGAL NOTES TO ACCOMPANY SKETCH OF SURVEY(SURVEY): �GA�/ q � /J,,�N 1).THERE M4 Y BE EASEMENTS RECORDED IN THE PUBLIC RECORDS NOT SHOWN ON THIS SURVEY. By. K/T� UJHE PURPOSE OF THIS SURVEY IS FOR USE IN OB TAINING TITLE INSURANCE AND FINANCING AND SHOULD NOT BE USED �(57,9 6-el ISARRA (DATE OF FIELD WORD FOR CONSTRUCTION PURPOSES. v 31 EX4MINA TONS OF THE ABSTRACT OF TITLE WILL HA VE TO BE MADE TO DETERMINE RECORDED INSTRUMENTS.IF ANY, ���� ✓(/ AFFECTING THE PROPERTY PROFESSIONAL LAND SURVEYOR NO.. J)THIS SURVEY IS SUBIECT TO DEDICATIONS,LIMITATIONS,RESTRICTIONS,RESERVATIONS OR EASEMENTS OF RECORD. STATE OF FLORIDA 5)LEGAL DESCRIPTIONS PROVIDED BY CLIENT OR ATTESTING TIME COMPANY (VAUD COPIES OF THIS SURVEY WILL BEAR THE EMBOSSED SEAL OF THE A TTESUNG 6)BOUNDARY SURVEY MEANS A DRA WING ANN OR A GRAPHIC REPRESENTATION OF THE SURVEY WORK PERFORMED IN THE LANOSURVEYOR). FIELD,COULD BE DRAWN A TA SHOWN SCALE ANADDR NOT TO SCALE. )).FASEMENTS AS SHOWNARE PER PLAT BOOK UNLESS OTHERWISE SHOWN 9)JNIF TERM'ENCROACHMENP MEANS VISIBLE AMC ABOVE GROUND ENCROACHMENTS. REVISED ON. 9).ARCHITECTS SHALL VERIFYZONING REGULATIONS.RESTRICTIONS.SETBACKS AND WILL BE RESPONSIBLE OF SUBMITTING TB PLOT PLANS WITH THE CORRECTINFORMATION FOR THEIR APPROVAL FORAUTHORIZAPON TOAUTHORITIES INA NEW CONSTRUCTIONS, REVISED ON: 11).PENCE OTHERWISE NOTED,THIS FIRM HAS NOT ATTEMPTED TO LOC,ITE FOOTING ANONR FOUNDATIONS. 12)FEN PLAN OF SHIPSURVEY, NOT AS EENPRE. RJ.OS NOTEXEND TOAUSBEENED PARED FOR THE E%CLUSIVE USE OF THE ENTITIES NAMED HEREON,THE CERTIFICAiE REVISED ON DOES NIP FLOG NN PS HAVE E DESIGN PARTY 1))RUNE FNIP FLOOD M4PE RAVE DESIGNATED THE HEREIN DFSCFIBEDTANG TO BE. �Situated in Zone : X Community/Panel/Suffix: 120034-0309-F N Date of Firm: 08/18/1992 Base Flood Elevation: Certified to: BUKOVI, INC A FLORIDA CORPORATION EUGENE S . BUKOVI AND DEBRA A. BUKOVI W E ATTORNEYS ' TITLE INSURANCE FUND, INC. �5 HAGEN & HAGEN, P.A ~01y �o WACHOVIA BANK N.A. ITS SUCCESORS AND OR ASSIGNS AS THEIR s INTEREST MAY APPEAR S SEAL SM NA 7ta STREET SUITE 202v�MIWFU R I;#33126 SURVEY No / W�5 7MM40 NE: (30S) 220-3171 u v tt u r v S LI u rs J n r. FAX(305k 2E/-0229 DRAW BY: LAND SURVEYORS SHEET No. ?' OF 2 BOUNDARY SURVEY scALE =r ?o ' 5 M! t I GOT Z/ G c7l Z2 !-CST 4n 8i DCr/ �6oc ( �(-0 �7,ao iWG<Y /✓Ofg7' a P o OV �l 4w- 9 O/d, ck7G(- O e4pt;A/o 3/0 LOT 29 vo s CD�1d/ON �p cork .[kr4AP ,NpYq .[ .4o s"rC. SURVEYORS NOTE: There may be Easements recorded in the Public Records not shown on this Survey The purpose of this Survey is for use in obtaining Tide Insurance sod Financing and should not be used for Construction purpose CITY OF DANIA BEACH Agenda Item # Agenda Request Database 1W Date of Commission Meeting: 6/26/2007 Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: eG9' xi?'t#,+$'.,a -3 �a's Reuested'Actlon (Idenfity appropriate Action or Motion) RESOLUTION NO.2007-117 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST BY DAVID MANKUTA WITH THE FIRM.ATKINSON,DINER,STONE, MANKUTA&PLOUCHA,P.A.,REPRESENTING HOLLYWOOD INVESTMENTS GROUP,I,LLC.,FOR AN EXTENSION RELATING TO THE APPROVALS OF VARIANCE VA-03-06 BY RESOLUTION 2006-105:SPECIAL EXCEPTION USE SE-0306 BY RESOLUTION 2006-106,VACATION VC-03-06 BY RESOLUTION 2006-112;AND SITE PLAN REQUEST SP-03-06 BY RESOLUTION 2006-107, FOR THE PROJECT KNOWN AS PIRATES INNICASA BENI,PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE 1ST COURT, DANIA BEACH:PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. ..?W £, s"u� � iYu� �Fl.�ir^$'�lrtiv4✓�.w.d�.:LtrL;_uN What Action Accomplishes:- Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ fm�gmp +S"611fl' '{^!J T Y I ry ^r^.g �+ W 4 r*MerzroSn rz mr(n P*isr�s v .,;. SUm �xpr�t�a�ort��?ctcgK!�.!�d,..r,s f PIRATES INN/CASA BENI: SE-03-06NA-03-06NC-03-06/SP-03-06: David Mankuta, representing Hollywood Investments Group, LLC, is requesting a one year extension on all approvals indicated below. F sca, mac os 'Summary � � -�-s m Kw Resolution Staff Report Backup from previous approval Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Sri Authorized Signatures Submitted by Laurence Leeds Date Department Director Laurence Leeds Date FIR Director Date Finance Director Date City Attorney Date City Manager Date ctty t±iar Use, Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2007-117 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM , ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING HOLLYWOOD INVESTMENTS GROUP, I, LLC., FOR AN EXTENSION RELATING TO THE APPROVALS OF VARIANCE VA-03-06 GRANTED BY RESOLUTION 2006-105; SPECIAL EXCEPTION USE SE-03-06 GRANTED BY RESOLUTION 2006-106; VACATION VC-03- 06 GRANTED BY RESOLUTION 2006-112; AND SITE PLAN REQUEST SP- 03-06 GRANTED BY RESOLUTION 2006-107, FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENI, FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE 1ST COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 27, 2006, the City Commission approved the following request for variances: 1) Variance request to allow a 140 foot high (ceiling of highest floor) mixed-use residential/commercial building (maximum height in C-2 is 40 feet), per Chapter 28, "Zoning", Article 4, "Schedule of Lot Yard and Bulk Regulations"; 2) Variance to allow tandem/stacked parking spaces for apartments (tandem parking otherwise prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; 3) Variance to allow tandem/stacked parking spaces for retail/restaurant (tandem parking otherwise prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; 4) Variance to waive pervious area requirement (Code requires 15% - 30%), per Chapter 28, "Zoning", Article 29, "Pervious and Impervious Requirements'; and 5) Variance to reduce required overall project parking by 26.3% (829 spaces required by parking code; 611 spaces provided on plan), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements'; for property owned by Hollywood Investments LLC., (the "Applicant"), pursuant to Resolution 2006-106, subject to conditions; and WHEREAS, on June 27, 2006, the City Commission approved a Special Exception request allocating 305 Local Activity Center ("LAC") dwelling units to construct a mixed-use residential/commercial development for the property, by Resolution 2006-106, subject to conditions; and WHEREAS, on June 27, 2006, the City Commission approved to the vacation of a portion of NE ls` Avenue generally located between the Pirates' Inn and the former Fish Grill properties, the fifteen (15) foot alley located on the former Fish Grill site and the one and one half (1 ''/2) foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE l" Court, pursuant to Resolution No. 2006-112 and legally described in Exhibit "A" of that document, provided however, the vacation approval is not to become effective until the conditions listed in Resolution 2006-112, have been met to the satisfaction of the City Commission; and WHEREAS, on June 27, 2006, the City Commission approved the site plan request for the proposed construction of a mixed-use residential/commercial development with the assignment of up to 305 Local Activity Center units, pursuant to Resolution 2006-107, subject to conditions; and WHEREAS, Attorney David B. Mankuta, on behalf of the property owner is requesting Lin extension of the approvals associated with the above described project relating to the variance request, special exception use, vacation, and site plan until June 27, 2008; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the requests to extend the expiration date of the approvals for the variance, special exception use, vacation and site plan are approved, subject to the applicant submilting complete plans in compliance with the 27 conditions previously listed and subject to review by staff to determine if the building can be accomodated on the site. 2 RESOLUTION #2007-117 Section 2. That all such approvals are subject to the conditions previously approved by the City Commission. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on ATTEST: BOB ANTON LOUISE STILSON, CMC MAYOR-COMMISSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION #2007-117 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: June 26, 2007 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director SUBJECT: PIRATES INN/CASA BENI: SE-03-06/VA-03- 06/VC-03-06/SP-03-06: David Mankuta, representing Hollywood Investments Group, LLC, is requesting a one year extension on all approvals indicated below. Special Exception request to allocate 305 Local Activity Center (LAC) dwelling units. Variances to: a) Allow 140 foot building height (Maximum 40 feet allowed at time). b) Allow tandem and stacked parking spaces (Tandem and stacked spaces prohibited). c) Reduce on-site pervious area to 1% (15% to 30% required at time). d) Reduce required parking by 26.3%. Vacate and close: a) Portion of NW 1st Avenue. b) 15 foot alley (Fish Grill site). c) 1.5 foot wide utility easement. Site Plan approval for a mixed-use condominium containing 305 dwelling units, 10,000 sq. ft. of retail, and 10,000 sq. ft. of restaurant. On June 27, 2006, the project was approved by the City Commission subject to conditions. The approved site plan was neither complete nor clear with regard to traffic circulation, parking, loading, sanitation, service areas, landscaping, building setbacks and upper level building recess requirements. Until the applicant corrects the plan and complies with Commission conditions, staff cannot determine if building containing 305 dwelling units, 10,000 square feet of retail, and 10,000 square feet of restaurant can fit on this site. TOD Zonino: At the time of site plan approval, the property was zoned C-2 Commercial. C-2 is primarily intended for retail and office uses (residential is regulated as a special exception) up to 40 feet in height. The property was rezoned to Transit Oriented Development earlier this year. TOD provides flexibility in meeting parking requirements, allows 14 story buildings subject to conditions, 75 dwelling units per acre, 5% pervious area, and specifies ground floor and upper level setbacks. TOD allows significantly more development potential than C-2 for quality projects. Preliminary analysis indicates the approved plan does not comply with TOD parking, pervious area, some setbacks, and density criteria (The approved plan allows 100 units per acre). Extension Request: The applicant is requesting a one year extension in which to obtain a building permit. In order to obtain a building permit, the applicant must: 1) Revise the site plan package for staff review, addressing unresolved issues and the City Commission approval conditions. 2) Submit revised building elevations to City Commission for architectural approval. 3) Obtain City Commission approval of park impact fee. 4) Obtain Broward County EPD approval, including payment of County Impact Fees. 5) Submit permit drawings for Building, Fire, and Civil approval and consistency with the approved site plan. 6) Pay building permit and city impact fees. If the developer fails to obtain building permits for any reason by June 27, 2008, all approvals expire unless additional extensions are granted by the City Commission. If the plan is modified, the modified plan shall be resubmitted to the City Commission for re-review. STAFF RECOMMENDATION At the City Commission's discretion. MAY 03 2007 17:54 FR TO 0379#101899#9549 P.01i01 ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A. AMRNEYS AT LAW ONSPcwNaAt PLAZA !ao SounLEAST 3*AWOM Sutra 1400 F7.LArmmwz,PL 33394-W O WWWATENMY-DI R.00W DAVm B.MANKUTA B0.owARD: (954)925-5501 dbm@atkinson-dinor.com MIdWDADE: (305)944.1882 BOARD CERTwmD IN CONSTRUCTION LAW FAR: (954)920.2711 May 4, 2007 Via Facsimile & U.S. Mail 954-924-3642 Mr. Laurence Leeds Planning Director City of Dania Beach 100 West Dania Beach Blvd. Dania Beach, FL 33004 Re: Hollywood Investments Group, I, LLC. Approvals I Resolutions Dear Larry: You will recall that we represent Hollywood Investments Group, I, LLC, As you know,the City's approvals were affirmed by the Broward County Circuit Court denying the neighbor's Petition for Certiorari. The time to appeal that ruling has now run, As previously discussed, our client was obviously unable to move forward with the project during the appeal process and as a result we have lost a significant amount of time. Accordingly,please accept this letter as our request for a one (1)year extension of time of the resolutions. Nowthatthe litigation is finally concluded,we are prepared to move forward expeditiously but obviously cannot conclude our efforts with the time remaining. This request must necessarily include the approval for the street vacation. Please agenda the item for City Commission action as soon as possible. Should you have any questions or require anything further, please do not,,hesitate to contact me. Very truly yours, DAVID B. MANKUTA DBMJpa cc: Hollywood Investments Group I, I.I.C. Tom Ansbro, Esq. �rsoawap.;ouwinnnUonwAup�wi ranwuan;nsere;i ** TOTAL PAGE.01 ** Commissioner Bertino motioned to adopt Ordinance 42006-023, on second reading; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.2 RESOLUTION 42006-094 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY ADOLFO GUITELMAN, ON BEHALF OF THE PROPERTY OWNER MARINA INDUSTRIAL PARK, LLC., FOR PROPERTY LOCATED AT 2401 SW 31 STREET, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from June 13,2006) City Attorney Ansbro read the title of Resolution #2006-094. He advised this item would be continued until the July 25,2006, Regular City Commission meeting at 7:00 p.m. 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 continue Resolution #2006-094 until the July 25, 2006, City Commission meeting at 7:00 p.m.; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes —�J City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in all who would speak. He asked the Commission to disclose any communication they had on these matters. City Attorney Ansbro further noted that Items #9.3 through #9.6 were related and read the titles of Resolution #2006-112, Resolution #2006-105, Resolution 92006-106, and Resolution#2006-107. 9.3 RESOLUTION 42006-112 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA. APPROVING 'THE VACATION REQUEST (VC-03-06) BY EDWARD P, PLOSKL AICP, CRAVEN THOMPSON & ASSOCIATES, REPRESENTING HOLLYWOOD INVESTMENT GROUP, LLC TO VACATE AND CLOSE A PORTION OF NE 1 AVENUE GENERALLY LOCATED BETWEEN THE PIRATES' INN AND THE FORMER FISH GRILL PROPERTIES, ADDITIONALLY, TO VACATE A FIFTEEN (15) FOOT ALLEY LOCATED ON THE FORMER FISH GRILL SITE; AND TO VACATE A ONE AND ONE HALF (1 '/) FOOT WIDE UTILITY EASEMENT FOR PROPERTY GENERALLY LOC'AFED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE I" COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DA FE. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. Laurence Leeds, Director of Community Development, explained that the City Code requires development proposals to be reviewed by staff, the Planning and Zoning Board and the City Commission. He noted the applicant's role in this process is to submit complete, clear, and correct plans so staff can determine, quite simply, if the building can fit on the site and function property for the useful life of the structure. Director Leeds advised that staffs role is to review the plans and submit a recommendation to the Planning and Zoning Advisory Board, who would submit their recommendation to the City Commission and the City Commission would then decide whether to approve the proposal as submitted, approve the proposal subject to conditions, or deny the proposal. Director Leeds commented that some people are under the impression that the City Commission plan approval assures that the project will actually be built; however, the City Commission approval merely establishes a plan for the development of private property, and it is up to the builder to prepare construction drawings, to obtain financing, County and State permits, and build the building. He clarified that it is only when the City owns the property, prepares the plans, and funds construction, that the City has control over the timeline of construction. Director Leeds further advised that the current property owner, Hollywood Investments Group, LLC, has submitted a number of applications to construct a mixed-use multi-story building located on the north side of Dania Beach Boulevard, between US 1 and NE 1" Court. He mentioned that the site, which is surrounded by commercial zoning, contains 2.26 net acres and is currently occupied by the Pirates Inn Hotel, retail stores, and vacant land formerly occupied by the Fish Grill Restaurant, and that the closest residential zoning is RD-8000 (Duplex), which is located north of the project on the east side of NE I" Court. Director Leeds explained that the proposal shows a single building covering 97% of the site, including a portion of NE 1" Avenue, which must be vacated to build the project. He noted that the proposed building is 400 feet long abutting Dania Beach Boulevard, and 200 feet long abutting US 1. The building elevations show a 150 foot high building to the top of the roof. Director Leeds reported that the plan proposes 305 apartment units, 10,000 square feet of retail and 10,000 feet of sit-down restaurant space. The applicant has not provided any information regarding retail or restaurant tenants, although this information is usually not known until later on in the development process. He added that in terms of height, size, and usage, the building is consistent with the tentative City Commission CRA Zoning criteria discussed in May, 2006 and if approved, the allocation of the 305 LAC units would leave a balance of 2,000 units in the Local Activity Center. Director Leeds mentioned that the current plan shows 141 studio and one-bedroom apartments, and 164 two-bedroom apartments, and that it is not unusual for the unit mix to change between site plan approval and building permitting. He added that most apartments vary between 600 to 900 square feet and because floor plans were not provided; it is unclear whether washer/dryer facilities would be available in each apartment. Director Leeds stated that this project is much larger than the existing buildings on the site and would generate more traffic. He indicated that the applicants traffic impact study was referred to the City's Traffic Consultant, Tinter and Associates, for their review and comments and they Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. concluded that "while adequate operating conditions will he maintained along the adacent roadway system through build-out in 2008, there are still outstanding ground floor site plan issues". Director Leeds pointed out that the ground floor site plan issues have not yet been resolved. Director Leeds indicated that the proposal includes a parking garage and the applicant has requested a 26% parking variance (from S29 spaces to 611 spaces), which would represent reducing the required restaurant parking by 40% and eliminating apartment guest parking entirely. He further noted that most of the parking spaces in the garage are tandem (back-to- back) and that this type of parking requires the car closest to the drive aisle to be backed out, temporarily blocking the drive aisle, in order to remove the inner car. Director Leeds advised the Tinter and Associates review supports a 22% parking variance, which is less than that requested by the applicant, but still a very significant reduction that would require an additional 40 parking spaces to the current plan. He mentioned that the applicant wished to address the 40 space deficit by installing hydraulic stack spaces in the commercial parking area, however, Tinter and Associates indicated that the parking structure could only accommodate 27 spaces on the first floor, which is 13 spaces short of what is required. Director Leeds commented that the alternative solution addressed in Tinter and Associates report dated June 16, 2006, allows the City to require an additional 27 stacked hydraulic valet spaces, if the parking deficit is determined to adversely impact the surrounding neighborhood during the 18 months following construction. He suggested a developer/City agreement would be necessary to enforce this condition against subsequent property owners. Director Leeds noted the Tinter and Associates recommendation is subject to 24-hour/7-days a week valet and condominium language disclosing to condo buyers that "designated guest parking is not provided and limited valet guest parking is available on a first-cotne,first-serve hasis". Director Leeds advised he could not support the alternative proposal provided by Tinter and Associates because he does not believe it provides sufficient apartment guest parking. He added that the current plan provides only one guest parking space for each ten apartments, and that these are not designated guest spaces, but are only available on a first-come, first-serve basis, and must be shared with retail/restaurant customers. Director Leeds noted that the 40 additional spaces recommended by staff would provide one space for each seven apartments, closer to what is typically required for guest parking where public parking is limited. Director Leeds reported that the site plan package is still deficient or incomplete in some areas; the most significant being the functionality of the parking structure, loading/unloading zones, service areas, garbage collection, emergency vehicle access, vehicle stacking within the valet parking area, and lack of clarity as to the north building elevation. He also noted that the top floor of the parking structure is inaccessible to vehicles taller than 5 feet 10 inches in height and that the minimum acceptable vertical clearance above the first floor is 7 feet 2 inches (14 feet on the first floor of the garage). Director Leeds further noted that the Fire Marshal, reviewing plans submitted June 16, 2006, indicated travel distance to emergency exits may exceed Fire Code requirements, possibly requiring an additional stair tower, and plans have not been submitted demonstrating compliance with emergency vehicle turning radius. He commented that Tinter and Associates indicated the Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday.June 27,2006-7:00 p.m. plan is not drawn to a scale allowing verification of sufficient inbound vehicle stacking or the interior valet arrangement. Director Leeds added that these are just a few of the outstanding site plan issues. Director Leeds advised that the Planning and Zoning Board recommended approval of the Special Exception request to allocate 305 LAC dwelling units, and the height and pervious area Variance, subject to conditions included in the staff report. He indicated that staff concurs that the Planning and Zoning Board conditions have been met and supports their recommendation. Director Leeds further explained that the Planning and Zoning Board recommended denial of the Parking Variances, one for the number of parking spaces and the other to allow tandem/stacked parking spaces, unless adequate justification is provided for 26% reduction. He added that based on the 40 space deficit, the Planning and Zoning Board conditions have not been met and therefore staff cannot support the Variance. Director Leeds commented that the City Commission had the option, if they so desired, to approve the alternative parking proposal involving the addition of 27 hydraulic stack spaces, if deemed necessary by the City, within 18 months of the issuance of the last Certificate of Occupancy for the project. Director Leeds indicated that the Planning and Zoning Board recommended approval of the Street Vacation, subject to conditions outlined in the staff report. He pointed out that staff would concur only if the City Attorney could devise a mechanism to insure the NE 1" Avenue vacation becomes effective only if the project is properly permitted. Director Leeds thought it was not wise to vacate the street until the City Commission has some level of comfort as to the timetable for construction of this building. Commissioner Bertino asked Director Leeds if 40 parking spaces was the total deficit or only the 22% reduction, and how many additional parking spaces would be needed to comply with Code. Director Leeds advised that to achieve the 22% reduction recommended by Tinter and Associates, the applicant would be required to add 40 more parking spaces and that in order to comply with Code they would need at least another 200 parking spaces. Director Leeds advised that the Planning and Zoning Board recommended approval of the Site Plan in concept, provided the applicant submits a finished, complete site plan addressing the conditions in the staff report and any other issues that may arise once the applicant has submitted a complete package. He further commented that based on the number of unresolved, critical, site plan issues staff cannot recommend approval of the plan. The City Commission has the discretion to approve the plan. Director Leeds also commented that in regards to the Condo Disclosure (Rental v. Ownership), the City has, in the past, restricted multi-family to condo only, with no more than one rental per year. The applicant wishes to lease the units until they are sold, allowing unit owners to rent the apartment up to twice a year. Director Leeds indicated if the Commission does not impose any restrictions, the applicant can operate a rental project. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. Director Leeds indicated the current unit mix is approximately 40% one-bedroom and efficiencies, and 60% two-bedroom. If the Commission does not specify unit mix, the applicant is permitted to amend the plan to allow 100% one-bedroom apartments, or 100% two-bedroom apartments. Director Leeds noted the City Commission would set the Park Impact Fees which should be paid prior to the issuance of a building permit. He added if the fee was not approved tonight, the applicant would have to come back for Commission approval at another public hearing. Vice-Mayor Anton confirmed with Director Leeds that the 611 parking spaces provided by the applicant included both retail and residential. Director Leeds pointed out that, in addition to the Park Impact fees, there were also outstanding cost recovery fees and the current balance for this project is approximately $1,000. He added that due to repetitive reviews from traffic engineering and general staff, he anticipated an additional deposit of$10,000415,000 from the applicant. Director Leeds commented that, at the request of the applicant, a statement of costs would be provided to him. Bonnie Miskel, Roden McClosky, Attorney for the applicant, provided a Power Point presentation to explain the different requests submitted for Commission approval. She indicated that about four years ago, the previous seller had attempted to move forward with the project, but did not succeed. She stated there were some outstanding issues with this project and it was difficult to comply with Code, since this was actually the first Dania Beach Urban project and the current Code does not address this type of product. Attorney Miskel introduced Anne Cuddard, Architect for the project. Anne Cuddard, Architect for the project, resumed the Power Point presentation, describing the project in detail and explained that the property is located at a very important intersection, the Urban Center of Dania Beach, and they are hopeful that retail stores and restaurants will increase pedestrian activity in the area. Attorney Miskel clarified for Commissioner Bertino that the Department of Transportation would require dedication on both Federal Highway and Dania Beach Boulevard, and is reflected in the plan. Ed Ploski, AICP, Senior Planner, Craven Thompson and Associates, Inc., advised the project has met the Broward County Trafficways requirements, and they are granting an additional 12 feet of right-of-way for a proposed right turn lane at the northwest corner and an additional 16 feet of right-of-way on Dania Beach Boulevard. Kathy Sweetapple, Transportation Consultant for the applicant, advised this was a difficult site considering the suburban nature of the Code, and for that reason they made several concessions in order to make it work. She noted they are providing more parking per unit than any of the comparable urban and suburban categories and she confirmed that retail and restaurant meet Code. Ms. Sweetapple noted they offered a monitoring condition to look at how the first two Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. levels work during the first year of operation, and they also have the commitment from the owner that he will continue to work with staff on any issues. Attorney Miskel pointed out that if this project was approved, the Commission would be able to make any necessary changes in the future. She further recognized they are introducing a new concept, but they are confident it will be a good thing for the City. Mayor Flury opened the Public Hearings. Bryan Cohen, 1958 SE 21" Avenue was pleased to see the water improvements approved for the downtown area. He supported the project and thought this was what the City needed. Clare Vickery, business owner at 49 N. Federal Highway, commented she is excited about the project, and is happy to see someone willing to invest in Dania Beach. She thought it was very distressing to see a lot of properties closed and encouraged business owners to work with Dominic Orlando, Public Services Director and his team, to help rebuild the downtown area. Ms. Vickery requested approval of the project. Claudia, 900 SE 6th Street, advised she is a survivor of a plane crash off the shores of Dania Beach, where emergency workers saved her life. She remarked how excited she was to see the City grow and that she supports the project. Lee De Course noted he is building a house in the area and would soon be a new resident. He thought Dania Beach was a great location and was in favor of the project. Benjamin Wohl, 1933 N. Federal Highway, Past President of Dania Beach Main Street, commented that his first and main concern was the closing of a roadway and dedicating it to the developers. He also pointed out that for years the City has been trying to maintain low buildings and felt there were other adequate places in Dania Beach for this type of project. Mr. Wohl thought the building did not look attractive and it is not the vision of what people want the City to be. Lastly, he believed parking was a problem, but noted that there were other significant issues impacting the downtown area that needed to be addressed in a timely and consistent manner. Rebecca Trinkler, P.O. Box 1814, business owner on N. Federal Highway next to the project, expressed her concerns about a project of this size on such a small parcel. She thought the future would provide better projects. Ms. Trinkler was also worried about the loss of ingress and egress to the various buildings surrounding the project and hoped the Commission would consider these points before making any decision. Robert Trinkler, P. O. Box 1814, Dania Beach Investments, expressed great concern over the parking situation. He further commented he applauded the developers and the Commission and thought this project was vital for the development of Dania Beach, however, he thought it should be reworked before a final decision was made. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,June 27,2006-7:00 p.m. David Romanik, Becker and Poliakoff, representing Dania Jai Alai, owner of the sign above the Pirates Inn since June 1954, pointed out the sign does not appear on any of the plans presented. He commented that his client is supportive of development in downtown Dania Beach and this project, but he is not pleased with the negotiations with the owner of the building regarding the sign. He distributed, for the record, a copy of the recorded lease agreement between Aragon Group, Inc. and the owner of the building. Attorney Romanik thought the developers wanted the City to eliminate the sign and any obligation they would have to pay compensation for the elimination of the property interest. He further advised that they engaged an appraiser who has appraised the value of the sign at$520,000. City Attorney Ansbro stated that Attorney Romanik is aware that we are not here tonight to discuss the Dania Jai Alai sign and that the case is now before the Unsafe Structures Board. He further noted that at the time of the hearing they would have the opportunity to appeal any decision made by the Board on whether or not the sign should be removed because it is considered an unsafe structure. Attorney Romanik advised that someone would have to pay $520,000, and requested to add as a condition to the Site Plan approval, that the developer be required to pay the cost for the removal of the sign when the time comes for State Statutes to be exercised. He indicated the City had the opportunity to protect itself and pass the expense to the person who should bear it. Rick Sutton, property owner at NE 1" Court and NE 1" Terrace, was concerned about the traffic issue and would like someone to look at the Department of Transportation statistics and how the situation would be addressed. Attorney Miskel confirmed for the record that the Department of Transportation has required the developer, and they have agreed to comply, to have dual right turns which would cut the problem in half. She added there would be four entrance/exit points available. Paolo Di Francis, owner of Paolo Three's Restaurant, was very excited with the project and thought traffic was not a big issue. He supported the project. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearings. Commissioner Bertino asked City Attorney Ansbro for the City's rights and rules regarding the granting or denying of a roadway vacation. City Attorney Ansbro advised that the City would have to determine that there is no need for continued public use of that road and make sure no one is deprived of access. Vice-Mayor Anton confirmed with City Attorney Ansbro that in the event the roadway was vacated, the City could place restrictions before final permits were issued. He also clarified for the record, that if the roadway was vacated, they would ensure that there is still easy access for the surrounding neighbors, not only from l" Street, but also from Dania Beach Boulevard. Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. Commissioner McElyea suggested the developers build a bridge between Dania Beach Boulevard and Bryan Road. Commissioner Castro pointed out that vacating the street would help protect the neighborhood, while residents would still have access to businesses and buildings. She further noted that there are 3,000 units designated for the flex area in downtown Dania Beach and traffic is going to get worse. The two proposed right turn lanes will help. Commissioner Castro commented she did not think this project would be the cause of our traffic growth. Commissioner Bertino favored of the project, but we need to consider a major traffic solution in the City. He agreed with Commissioner McElyea's suggestion. Benjamin Wohl thought by vacating the roadway, people would be circulating in a residential street instead of a commercial street, and suggested traffic go through the building, rather than the City giving up access way. Mayor Flury agreed with Commissioner Castro that the traffic problem would be created by the Casino, not this building. She thought if this project moved forward, we would have the opportunity to find a better solution to the traffic issue. Rebecca Trinkler felt that if this building provided housing for people coming to the Casino, the Commission should assume that all the parking spaces would be utilized. Commissioner Castro motioned to adopt Resolution #2006-112, with staff conditions in Exhibit"A" and the two conditions requested by the Planning and Zoning Board; seconded by Mayor Flury,who passed the gavel to Vice-Mayor Anton. Commissioner Bertino asked if the developers would consider building a tunnel under the road. Attorney Miskel responded that if this were done, they would lose more parking and a more dramatic variance would be required. She also indicated that some business owners might not be aware that the Department of Transportation would be closing the median which would preclude left turning movement on to l" Avenue. Commissioner Castro was against building a tunnel and thought it would create a safety issue. She further advised that a lot of businesses are in deplorable condition and this was a good offer to bring more customers to the downtown area, because residents are tired of our dilapidated old downtown and want to see it rejuvenated. Commissioner Castro felt this was a good starting project for the City to finally bring about what the residents of Dania Beach want. The motion carried on the fallowing 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,June 27, 2006-7:00 p.m. Mayor Flury suggested having a Workshop to discuss the traffic situation for the whole City, once the preliminary Budget Workshop is over. 9.4 RESOULTION#2006-105 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY CINDY MEYER REPRESENTING HOLLYWOOD INVESTMENTS GROUP, LLC., FROM CHAPTER 28, "ZONING", FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE 1ST COURT, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Bertino motioned to adopt Variance 41 on Resolution #2006-105, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Commissioner Castro motioned to adopt Variances #2 and #3 on Resolution #2006-105, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Commissioner Castro motioned to adopt Variance #4 on Resolution #2006-105, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor .knton Yes Commissioner Castro Yes Nlayor Flury Yes Commissioner McElyea Yes Vice-Mayor Anton was not in favor of a variance request to reduce parking by 26.3% and thought it would be detrimental to the people living in the area. Mayor Flory thought it was for the City Commission to find a solution to the parking problem in the City and suggested including an item on the next Regular CRA Board Meeting to discuss how to solve this issue. Commissioner Bertino would like two additional stories of parking added to the project. Minute,of Regular Meeting 70 Dania Beach City Coinmission Tuexday.June 27. 2006 -7:00 p.m. Attorney Miskel commented adding two stories of parking would not be feasible, but they had suggested using the automated system. Director Leeds confirmed for Vice-Mayor Anton that the City Code is comparable with other cities with regards to parking and noted that the difficulty in this case was limitations on the sharing parking among retail, restaurant and residents. Both Attorney Miskel and the Architect for the project, confirmed for Commissioner Castro that the applicant would be agreeable to use the above option. Commissioner Bertino motioned to adopt Variance #5 on Resolution #2006-105, with the condition that it should have at least 700 parking spaces. The motion failed for lack of a second. Commissioner Castro motioned to adopt Variance #5 on Resolution #2006-105, to reduce required overall project parking by 26.3%. The motion failed for lack of a second. Commissioner Castro motioned to adopt Variance #5 on Resolution #2006-105, to reduce required overall parking by 22%, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; seconded by Vice-Mayor Anton. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.5 RESOLUTION #2006-106 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING A REQUEST SUBMITTED BY CINDY MEYER REPRESENTING HOLLYWOOD INVESTMENTS GROUP, LLC., FOR A SPECIAL EXCEPTION TO ALLOCATE 305 LOCAL ACTIVITY CENTER ("LAC') DWELLING UNITS TO CONSTRUCT A MIXED USE RESIDENTIAL/COMMERCIAL DEVELOPMEN"F FOR PROPERTY GENERALLY LOCA"FED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE I` COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2006-106, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.6 RESOLUTION 42006-107 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING "FHE PROPOSED SITE PLAN REQUESF SUBMITTED FOR THE CASA BENI PROJECT BY HOLLYWOOD INVESTMENTS GROUP, TLC, Minutes of Regular Meeting 21 Dania Beach City Commission Tuesday,June 27,2006 -7:00 p.m. FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE I,T COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Director Leeds reminded the Commission that approval of the Site Plan request should include the conditions in Exhibit "A", any Fire Rescue recommendations and a Condo Disclosure relating to rentals. He clarified for the record, that in the past the City has restricted multi-family to condo only with no more than one rental per year. Director Leeds asked the Commission if they would like to make a decision on the park impact fees. City Attorney Ansbro recommended revisiting this issue another time. Mayor Flury advised that the design of the building does not reflect the type of modem-classic style discussed in the past. She added an additional condition that the final building design and color scheme come back to the Commission for final approval. Vice-Mayor Anton motioned to adopt Resolution #2006-107, with Staff conditions in Exhibit "A", the final building design and color scheme to be submitted to the City Commission for final approval, condo documents to be consistent with what has been done in the past, and approval being non-transferable to any other property owner; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Commissioner Bertino commented he had no problem with the hydraulic system, but would like the City to make sure they are workable. Director Leeds noted that the City has the right to cite them if the system is not working properly. 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino wished everyone a Happy 4'1, of July. 10.2 Commissioner Castro Commissioner Castro praised the City Commission for what they accomplished tonight and thanked her colleagues for going forward with this project. She wished everyone a Happy 41[' of July. Minutes of Regular Meeting 22 Dania Beach City Commission Tuc,day. June 27. 2006 -7:00 p.in. 10.3 Commissioner McElyea Commissioner McElyea commented there was a lady who complained about trash on NW 9'h Street and 14'h Avenue. Vice-Mayor Anton thought Code Enforcement had taken care of the boat issue at that address. Laurence Leeds, Director of Community Development advised that people had been cited about the boat and they should appear before the Special Magistrate at the July meeting. He further indicated that he talked to Ms. Winslow about the trash issue and advised her that currently there is no provision in the Code and it would need to be changed. Mayor Flury suggested this family should be contacted to try to help them out with the trash situation. Director Leeds will ask a police officer to contact Ms. Winslow. Commissioner McElyea would like Code Enforcement to pick up the many signs scattered around the City. Mayor Flury agreed with Commissioner McElyea and thought these signs make the City look bad. Laurence Leeds, Director of Community Development, indicated these signs are mainly along US I and Griffin Road, and he will make sure that Code Enforcement takes care of the situation. 10.4 Vice-Mayor Anton Vice-Mayor Anton reminded everyone that, although there have not been any recent activities on the airport issue, the County is still moving forward with their plans. He further commented that the County is facing some problems involving parking structures. Vicc-Nlayor Anton encouraged everyone to show their support to their County Commissioners. Vice-Mayor Anton asked City Attorney Ansbro for an update on the parking issues liter the northwest and southwest areas. fie would like to have some information prior to the next CRA meeting. City Attorney Ansbro advised that Attorney Tim Ryan is compiling the necessary information for properties owned by the City in the downtown area, for submission to the Commission. Vice-Mayor Anton advised that the Counry Commission discussed affordable housing at their meeting. He asked City Manager f ato and Community Development Director Leeds, to develop a plan and place it on a future agenda. \linutes of Regular Afeetina 1-3 Dania Beach City Commission rue,day.June 27. 2006 -7:00 p.m. RESOLUTION NO. 2006-105 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY CINDY MEYER REPRESENTING HOLLYWOOD INVESTMENTS GROUP, LLC., FROM CHAPTER 28,"ZONING",FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE 1 sT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 4, "Schedule of Lot, Yard and Bulk Regulations" prescribes the height regulations in the C-2 (Commercial) zoning district; and WHEREAS,the DaniaBeach Code of Ordinances,Chapter28,"Zoning',Article 6.21,"Off- Street Parking Requirements' prescribes the off street parking requirements for residential and commercial uses within the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning', Article 29, prescribes the pervious and impervious requirements for residential and commercial uses within the City of Dania Beach; and WHEREAS,Cindy Meyer,representing Hollywood Investment Group,LLC. has applied for a variance (VA-03-06) for the following: 1) Variance request to allow a 140 foot high (ceiling of highest floor) mixed-use residential/commercial building (maximum height in C-2 is 40 feet), per Chapter 28, "Zoning", Article 4, "Schedule of Lot Yard and Bulk Regulations'; 2) Variance to allow tandem/stacked parking spaces for apartments (tandem parking prohibited), per Chapter 28, "Zoning', Article 6.21, "Off Street Parking Requirements'; 3) Variance to allow tandem/stacked parking spaces for retail/restaurant (tandem parking prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements'; 4) Variance to waive pervious area requirement (Code requires 15% - 30%), per Chapter 28, "Zoning", Article 29, "Pervious and Impervious Requirements; and 5) Variance to reduce required overall project parking by 26.3% (829 spaces required by parking code; 611 spaces provided on plan), per Chapter 28, "Zoning', Article 6.21, "Off Street Parking Requirements'. for property generally located on the north side of Dania Beach Boulevard between US 1 and NE 1 st Court, Dania Beach; and WHEREAS, the Planning & Zoning Board on May 17, 2006, recommended that the City Commission grant variance request VA-03-06 based upon the criteria set forth in section 10.13 of Article 10,of Chapter 28, "Zoning", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application (VA-03-06), for a variance as described above (from requirements in Chapter 28, "Zoning", Article 4, "Schedule of Lot, Yard and Bulk Regulations", Article 6.21, "Off-Street Parking Requirements", and Article 29, "Pervious and Impervious Requirements"), a copy of which is attached as Exhibit"A"is approved, subject to the applicant addressing and resolving the following conditions prior to issuance of any building or infrastructure permits. This provision shall not apply to permits/approvals required to construct a temporary sales office: 1) Approval for Variance#5, subject to providing 40 additional parking spaces above that shown on the approved plan. 2) Compliance with Fire-Rescue requirements, including but not limited to,emergency vehicle access requirements. 3) Apartment 2E (second level) located in the northwest comer of building is located only 14 feet from the existing two story building to the north. Provide window treatment of this unit to evaluate adequacy of setback. 4) Final building elevation color renderings to be approved by the City Commission prior to issuance of any building permits. 5) Identify laundry facilities within units. 6) This variance approval is non-transferable to any other owner. 7) Revise plan to allow determination of in-bound vehicle stacking and interior valet stacking. City traffic Consultant to review revised plan and determine if there is adequate vehicle stacking, safe interior traffic flow, and sufficient loading areasprior to issuance of any building permits. 2 RESOLUTION #2006-105 8) Provide measurement from column to entrance of parking spaces; Code requires 3 feet setback from entrance. Sheet A1.01 appears to provide less than 3 feet at 3 columns. Revise plans in accordance with parking code. 9) Florida Department of Transportation (FDOT) approval of roadway improvement plans prior to issuance of any building or infrastructure permits. 10) Location of curbs shall be approved by FDOT on Dania Beach Boulevard and US 1, to ensure that public sidewalk is provided. 11) Clock tower location subject to confirmation of compliance with ADA and maintenance/liability. 12) Provide a sidewalk detail showing location of trees/landscaping/fumiture. 13) Public sidewalk detail (including materials, location, width,proximity to trees, tree grates, and travel lane) to be designated on the plans and determined to comply with ADA (Building), maintenance/liability(Legal), and planning concerns. 14) Dimension of private sidewalk and arcade shown on Sheet A1.00 as 20' 3"; same is shown on Sheet A1.01 as 19' 3". Revise plan to eliminate inconsistency. 15) Valet Parking to be provided on a 7 day/24 hour basis. 16) Show location of public lighting on site plan and landscape plan in RED. 17) Identify location and dimension of sign band on building elevations with store fronts. 18) Identification of dumpsters,garbage room and garbage truck access on floor plan and determined by staff to provide sufficient capacity and accessibility. 19) Provide letter from a private trash collection company identifying the number and size of dumpsters. Sufficient facilities shall be provided to accommodate 305 units, 10,000 sq. R. retail and 10,000 sq. ft. restaurants, no more than twice per week. 20) Note on plan: "glass materials shall be impact resistant glass". 21) When measured, the narrowest vertical dimension of the garage is less than 6 feet. Minimum should be 7' 2"(above the first floor)to accommodate passenger vehicles. Revise plan accordingly. 22) Revised plan shall comply with Consultant Tamara Peacock requirements. 23) Applicant to restrict use of residential units to condominium; including a prohibition on pre-sale rentals. 3 RESOLUTION#20a6-105 24) Condominium documents (to be approved by City Attorney prior to issuance of any building permits) to reflect condition No. 23 above, and further restrict individual unit-owner rentals to no more than one rental per year. 25) Condominium documents to disclose to purchasers that "guest parking is not provided and limited valet guest parking is available on a first-come,first-serve basis in the retail parking area". 26) Condominium documents to disclose to two-bedroom apartment purchasers that two reserved parking are provided in a tandem (one car parked behind the other) arrangement. 27) The requested vacation of NE IS` Avenue shall not be approved until (a) the fee simple property owner dedicates permanent easements plan for electrical, telecommunication, water, wastewater, gas, cable TV and other pipe lines (b) the developer has complied with all the requirements for issuance of a building permit for the principal building and (c) said conditions to be reflected in a development agreement approved by the city attorney and City Commission. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 27, 2006. / PATRICIA FLURY MAYOR-COMMISSIONER /AT�:ST: 2X061)(i LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS 4 RESOLUTION #20406-105 BY: THOMAS J. ANSB CITY ATTORNEY 5 RESOLUTION#2006-105 RESOLUTION NO. 2006-106 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING A REQUEST SUBMITTED BY CINDY MEYER REPRESENTING HOLLYWOOD INVESTMENTS GROUP,LLC.,FOR A SPECIAL EXCEPTION TO ALLOCATE 305 LOCAL ACTIVITY CENTER("LAC')DWELLING UNITS TO CONSTRUCT A MIXED USE RESIDENTIAL/COMMERCIAL DEVELOPMENT FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE 1sT COURT,DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Zoning Code provides that mixed-use residential/commercial developments are allowed as a Special Exception Use in C-2 zoning districts with the allocation of reserve or flex units; and WHEREAS, Cindy Meyer on behalf of Hollywood Investment Group LLC.,has applied for a Special Exception request to allocate 305 Local Activity("LAC') dwelling units to construct a mixed-use residential/commercial development generally located on the north side of Dania Beach Boulevard between US I and NE 1" Court, Dania Beach, which is located within the Community Redevelopment Area and the C-2 (Commercial) zoning district; and WHEREAS, the Planning & Zoning Board on May 17, 2006, recommended that the City Commission grant the Special Exception request, based upon the criteria set forth in Chapter 28, "Zoning", Article 6, "Supplementary Use Regulations",Section 6.40,"Special Exception Uses",of the Code of Ordinances of the City of Dania Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That certain application SE-03-06, for a Special Exception Use to construct a mixed-use residential/commercial development for property generally located on the north side of Dania Beach Boulevard between US I and NE I"Court, Dania Beach, which is located within the Community Redevelopment Area and the C-2 (Commercial) zoning district (a copy of which application is attached and made apart of this Resolution as Exhibit"A"),is approved,subject to the applicant addressing and resolving the following conditions prior to issuance of any building or infrastructure permits. This provision shall not apply to permits/approvals required to construct a temporary sales office: 1) Approval for Variance#5, subject to providing 40 additional parking spaces above that shown on the approved plan. 2) Compliance with Fire-Rescue requirements, including but not limited to,emergency vehicle access requirements. 3) Apartment 2E (second level) located in the northwest comer of building is located only 14 feet from the existing two story building to the north. Provide window treatment of this unit to evaluate adequacy of setback. 4) Final building elevation color renderings to be approved by the City Commission prior to issuance of any building permits. 5) Identify laundry facilities within units. 6) This variance approval is non-transferable to any other owner. 7) Revise plan to allow determination of in-bound vehicle stacking and interior valet stacking. City traffic Consultant to review revised plan and determine if there is adequate vehicle stacking,safe interior traffic flow, and sufficient loading areas prior to issuance of any building permits. 8) Provide measurement from column to entrance of parking spaces; Code requires 3 feet setback from entrance. Sheet A1.01 appears to provide less than 3 feet at 3 columns. Revise plans in accordance with parking code. 9) Florida Department of Transportation (FDOT) approval of roadway improvement plans prior to issuance of any building or infrastructure permits. 10) Location of curbs shall be approved by FDOT on Dania Beach Boulevard and US 1, to ensure that public sidewalk is provided. 11) Clock tower location subject to confirmation of compliance with ADA and maintenance/liability. 12) Provide a sidewalk detail showing location of trees/landscaping furniture. RESOLUTION #2006-106 13) Public sidewalk detail (including materials, location,width, proximity to trees, tree grates, and travel lane)to be designated on the plans and determined to comply with ADA (Building), maintenance/liability(Legal), and planning concerns. 14) Dimension of private sidewalk and arcade shown on Sheet A1.00 as 20'3';same is shown on Sheet A1.01 as 19' 3". Revise plan to eliminate inconsistency. 15) Valet Parking to be provided on a 7 day/24 hour basis. 16) Show location of public lighting on site plan and landscape plan in RED. 17) Identify location and dimension of sign band on building elevations with storefronts. 18) Identification of dumpsters, garbage room and garbage truck access on floor plan and determined by staff to provide sufficient capacity and accessibility. 19) Provide letter from a private trash collection company identifying the number and size of dumpsters. Sufficient facilities shall be provided to accommodate 305 units, 10,000 sq. ft. retail and 10,000 sq. ft. restaurants, no more than twice per week. 20) Note on plan: "glass materials shall be impact resistant glass". 21) When measured,the narrowest vertical dimension of the garage is less than 6 feet. Minimum should be 7' 2"(above the first floor)to accommodate passenger vehicles. Revise plan accordingly. 22) Revised plan shall comply with Consultant Tamara Peacock requirements. 23) Applicant to restrict use of residential units to condominium; including a prohibition on pre-sale rentals. 24) Condominium documents(to be approved by City Attorney prior to issuance of any building permits) to reflect condition No. 23 above, and further restrict individual unit-owner rentals to no more than one rental per year. 25) Condominium documents to disclose to purchasers that "guest parking is not provided and limited valet guest parking is available on a first-come, first-serve basis in the retail parking area". 26) Condominium documents to disclose to two-bedroom apartment purchasers that two reserved parking are providcd in a tandem (one car parked behind the other) arrangement. RESOLUTION #2006-IC6 27) The requested vacation of NE I" Avenue shall not be approved until (a) the fee simple property owner dedicates permanent easements plan for electrical, telecommunication, water, wastewater, gas, cable TV and other pipe lines(b) the developer has complied with all the requirements for issuance of a building permit for the principal building and (c) said conditions to be reflected in a development agreement approved by the city attorney and City Commission. Section 2. Allocation of the Local Activity("LAC")dwelling units shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 27, 2006. /:Y ICI �`Cc L PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: C,1 LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO A CORRECTNESS BY: / THOMAS . ANS 0 CITY AT ORNEY RESOLUTION #20a6-106 RESOLUTION NO. 2006-107 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED FOR THE CASA BENI PROJECT BY HOLLYWOOD INVESTMENTS GROUP, LLC, FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE lsT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS, Cindy Meyer on behalf of Hollywood Investments Group, LLC., has applied for site plan approval with the assignment of up to 305 Local Activity Center units to construct a mixed-use residential/commercial development, for property generally located on the north side of. Dania Beach Boulevard between US 1 and NE I" Court,Dania Beach; and WHEREAS, the Planning & Zoning Board on May 17, 2006, recommended that the City Commission grant the site plan request(SP-03-06),based upon the criteria set forth in Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY C01*11N1ISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application(SP-03-06) for site plan approval,a copy of which is attached and made a part of this Resolution as Exhibit "A", is approved, subject to the applicant addressing and resolving the following conditions prior to issuance of any building or infrastructure permits. This provision shall not apply to permits/approvals required to construct a temporary sales office: 1) Approval for Variance #5, subject to providing 40 additional parking spaces above that shown on the approved plan. 2) Compliance with Fire-Rescue requirements, including but not limited to, emergency vehicle access requirements. 3) Apartment 2E (second level) located in the northwest comer of building is located only 14 feet from the existing two story building to the north. Provide window treatment of this unit to evaluate adequacy of setback. 4) Final building elevation color renderings to be approved by the City Commission prior to issuance of any building permits. 5) Identify laundry facilities within units. 6) This variance approval is non-transferable to any other owner. 7) Revise plan to allow determination of in-bound vehicle stacking and interior valet stacking. City traffic Consultant to review revised plan and determine if there is adequate vehicle stacking,safe interior traffic flow,and sufficient loading areas prior to issuance of any building permits. 8) Provide measurement from column to entrance of parking spaces; Code requires 3 feet setback from entrance. Sheet A1.01 appears to provide less than 3 feet at 3 columns. Revise plans in accordance with parking code. 9) Florida Department of Transportation (FDOT) approval of roadway improvement plans prior to issuance of any building or infrastructure permits. 10) Location of curbs shall be approved by FDOT on Dania Beach Boulevard and US 1, to ensure that public sidewalk is provided. 11) Clock tower location subject to confirmation of compliance with ADA and maintenance/liability. 12) Provide a sidewalk detail showing location of trees/landscaping/fumiture. 13) Public sidewalk detail (including materials, location, width, proximity to trees, tree grates, and travel lane) to be designated on the plans and determined to comply with ADA (Building), maintenance/liability(Legal), and planning concerns. 14) Dimension of private sidewalk and arcade shown on Sheet A1.00 as 20' 3'; same is shown on Sheet A1.01 as 19' 3". Revise plan to eliminate inconsistency. 15) Valet Parking to be provided on a 7 day/24 hour basis. 16) Show location of public lighting on site plan and landscape plan in RED. 2 RESOLUTION#2006-107 17) Identify location and dimension of sign band on building elevations with storefronts. 18) Identification of dumpsters,garbage room and garbage truck access on floor plan and l determined by staff to provide sufficient capacity and accessibility. 19) Provide letter from a private trash collection company identifying the number and size of dumpsters. Sufficient facilities shall be provided to accommodate 305 units, 10,000 sq. ft. retail and 10,000 sq. ft. restaurants, no more than twice per week. 20) Note on plan: "glass materials shall be impact resistant glass". 21) When measured, the narrowest vertical dimension of the garage is less than 6 feet. Minimum should be 7' 2"(above the first floor)to accommodate passenger vehicles. Revise plan accordingly. 22) Revised plan shall comply with Consultant Tamara Peacock requirements. 23) Applicant to restrict use of residential units to condominium; including aprohibition on pre-sale rentals. 24) Condominium documents(to be approved by City Attorney prior to issuance of any building permits) to reflect condition No. 23 above, and further restrict individual unit-owner rentals to no more than one rental per year. 25) Condominium documents to disclose to purchasers that "guest parking is not provided and limited valet guest parking is available on a first-come,first-serve basis in the retail parking area". 26) Condominium documents to disclose to two-bedroom apartment purchasers that two reserved parking are provided in a tandem (one car parked behind the other) arrangement. 27) The requested vacation of NE i" Avenue shall not be approved until (a) the fee simple property owner dedicates permanent easements plan for electrical, telecommunication, water, wastewater, gas, cable TV and other pipe lines (b) the developer has complied with all the requirements for issuance of a building permit for the principal building and (c) said conditions to be reflected in a development agreement approved by the city attorney and City Commission. 3 RESOLUTION #20O6-I07 It is further noted that the original Site Plan is maintained in the office of the Community Development Department of the City of Dania Beach. i Section 2. That based upon the criteria set forth in Section 84(p)of Article 1 of Chapter 8, of the Code of Ordinances of the City of Dania Beach,all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED on June 27, 2006. PATRICIA FLURY ATTEST: MAYOR-COMMISSIONER lezb") LOUISE STILSON, CMC CITY CLERK AP %TH AS TO FORM CORRECTNESS BY: / AS . A , S CITY ATTORNEY 4 RESOLUTION#2006-I07 RESOLUTION NO. 2006-112 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION REQUEST (VC-03-06) BY EDWARD P. PLOSKI, AICP, CRAVEN THOMPSON & ASSOCIATES, REPRESENTING HOLLYWOOD INVESTMENT GROUP, LLC TO VACATE AND CLOSE A PORTION OF NE 1 AVENUE GENERALLY LOCATED BETWEEN THE PIRATES' INN AND THE FORMER FISH GRILL PROPERTIES, ADDITIONALLY, TO VACATE A FIFTEEN(15)FOOT ALLEY LOCATED ON THE FORMER FISH GRILL SITE; AND TO VACATE A ONE AND ONE HALF (1 %:) FOOT WIDE UTILITY EASEMENT FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE 1ST , COURT DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 3,Article 3,Part DC, as amended, of the Charter of the City of Dania Beach,sets the procedure for vacating and abandoning streets, alleys, and utility easements or other property dedicated to the public use; and WHEREAS, Edward P. Ploski, AICP with Craven Thompson and Associates, Inc., representing Hollywood Investment Group,LLC,dulypetitioned the City Commission of the City of Dania Beach,Florida, to vacate and close a portion of NE I"Avenue generally located between the Pirates' Inn and the Former Fish Grill properties,to vacate a fifteen foot alley located on the former Fish Grill site and to vacate a one and one (1 %:) half foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE I"Court and legally described in Exhibit "A", a copy of which is attached to this resolution; and WHEREAS, the Planning & Zoning Board on May 17, 2006, recommended that the City Commission grant the vacation requests; and WHEREAS, after publication of notice as required by Section 3, Article 3, Part IX of the Charter of the City of Dania Beach, a public hearing was held before the City Commission at its regular meeting held on June 27, 2006; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section I. That the City Commission of the City of Dania Beach, Florida, vacates, abandons, renounces and disclaims all of the right, title and interest of the City of Dania Beach in and to the portion of NE I"Avenue generally located between the Pirates' Inn and the Former Fish Grill properties, the fifteen (15) foot alley located on the former Fish Grill site and the one and one half(1 %)foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE I"Court and, legally described in Exhibit"A",a copy of which is attached to this Resolution, provided however, they vacation requests shall not become effective until the applicant addresses and resolves the following conditions to the satisfaction of the City. This provision shall not apply to permits/approvals required to construct a temporary sales office: 1) Approval for Variance #5, subject to providing 40 additional parking spaces above that shown on the approved plan. 2) Compliance with Fire-Rescue requirements,including but not limited to,emergency vehicle access requirements. 3) Apartment 2E (second level) located in the northwest comer of building is located only 14 feet from the existing two story building to the north. Provide window treatment of this unit to evaluate adequacy of setback. 4) Final building elevation color renderings to be approved by the City Commission prior to issuance of any building permits. 5) Identify laundry facilities within units. 6) This variance approval is non-transferable to any other owner. 7) Revise plan to allow determination of in-bound vehicle stacking and interior valet stacking. City traffic Consultant to review revised plan and determine if there is adequate vehicle stacking,safe interior traffic flow, and sufficient loading areas prior to issuance of any building permits. 8) Provide measurement from column to entrance of parking spaces; Code requires 3 feet setback from entrance. Sheet A1.01 appears to provide less than 3 feet at 3 columns. Revise plans in accordance with parking code. 9) Florida Department of Transportation (FDOT) approval of roadway improvement plans prior to issuance of any building or infrastructure permits. 10) Location of curbs shall be approved by FDOT on Dania Beach Boulevard and US 1, to ensure that public sidewalk is provided. 11) Clock tower location subject to confirmation of compliance with ADA and maintenance/liability. 2 RESOLUTION #2006-112 12) Provide a sidewalk detail showing location of trees/landscaping/fumiture. 13) Public sidewalk detail (including materials, location, width, proximity to trees, tree grates, and travel lane)to be designated on the plans and determined to comply with ADA(Building), maintenance/liability(Legal), and planning concerns. 14) Dimension of private sidewalk and arcade shown on Sheet A1.00 as 20' 3"; same is shown on Sheet Al.01 as 19' 3". Revise plan to eliminate inconsistency. 15) Valet Parking to be provided on a 7 day/24 hour basis. 16) Show location of public lighting on site plan and landscape plan in RED. 17) Identify location and dimension of sign band on building elevations with store fronts. 18) Identification of dumpsters,garbage room and garbage truck access on floor plan and determined by staff to provide sufficient capacity and accessibility. 19) Provide letter from a private trash collection company identifying the number and size of dumpsters. Sufficient facilities shall be provided to accommodate 305 units, 10,000 sq. ft. retail and 10,000 sq. ft. restaurants, no more than twice per week. 20) Note on plan: "glass materials shall be impact resistant glass". 21) When measured, the narrowest vertical dimension of the garage is less than 6 feet. Minimum should be 7' 2"(above the first floor)to accommodate passenger vehicles. Revise plan accordingly. 22) Revised plan shall comply with Consultant Tamara Peacock requirements. 23) Applicant to restrict use of residential units to condominium; including a prohibition on pre-sale rentals. 24) Condominium documents(to be approved by City Attorney prior to issuance of any building permits) to reflect condition No. 23 above, and further restrict individual unit-owner rentals to no more than one rental per year. 25) Condominium documents to disclose to purchasers that "guest parking is not provided and limited valet guest parking is available on a first-come, first-serve basis in the retail parking area". 26) Condominium documents to disclose to two-bedroom apartment purchasers that two reserved parking are provided in a tandem (one car parked behind the other) arrangement. 3 RESOLUTION #2006-112 27) The requested vacation of NE 151 Avenue shall not be approved until (a) the fee simple property owner dedicates permanent easements plan for electrical, telecommunication, water, wastewater, gas, cable TV and other pipe lines(b) the developer has complied with all the requirements for issuance of a buildingpennit for the principal building and (c) said conditions to be reflected in a development agreement approved by the city attorney and City Commission. Section 2. That the City Commission finds and determines that the procedure for the vacation and abandonment of the subject easement has been in strict conformity with the requirements of Section 3, Article 3, Part IX of the Charter of the City of Dania Beach. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 27, 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: 1 �,cu" LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO .AN CORRECTNESS BY: TH MAS J A S O CITY ATT RNEY 4 RESOLUTION #2006-112 EXHIBIT "A" LEGAL DESCRIPTIONS VACATION OF PUBLIC RIGHT-OF-WAY A PORTION OF NE 1ST AVENUE AS SHOWN ON THE "AMENDED PLAT OF BLOCK 2, ESKILSON ADDITION TO THE CITY OF DANIA BEACH", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 10 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 31,BLOCK 2 OF SAID PLAT; THENCE SOUTH 00'1F 40" WEST ALONG THE WEST LINE OF SAID BLOCK 2 AND ALONG THE EAST RIGHT OF WAY LINE OF SAID NE 1ST AVENUE, A DISTANCE OF 212.00 FEET; THENCE SOUTH 904 00' 00" WEST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 00' 11'40"WEST ALONG THE CENTERLINE OF SAID NE 1ST AVENUE RIGHT OF WAY, A DISTANCE OF 30.38 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH I V 44' 18" WEST); THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 460.00 FEET,A CENTRAL ANGLE OF 4'38'45",AND AN ARC DISTANCE OF 37.30 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 07' 05, 34" WEST); THENCE NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID NE 1ST AVENUE HAVING A RADIUS OF 19.20 FEET, A CENTRAL ANGLE OF 82' 42' 47" AND AN ARC DISTANCE OF 27.72 FEET; THENCE CONTINUE ALONG SAID WESTERLY RIGHT OF WAY LINE,NORTH 00' 11' 40"EAST A DISTANCE OF 217.49 FEET; THENCE NORTH 90° 00' 00"EAST A DISTANCE OF 20.00 FEET;THENCE NORTH 00' 11'40"EAST ALONG THE CENTERLINE OF SAID NE 1ST AVENUE RIGHT OF WAY, A DISTANCE OF 12.00 FEET; THENCE NORTH 90° 00' 00" EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA;CONTAINING 8,943 SQUARE FEET MORE OR LESS. (Survey Attached Exhibit A- 1) VACATION OF PUBLIC RIGHT-OF-WAY (15 FOOT ALLEY) THAT CERTAIN 15 FOOT ALLEY LYING NORTH OF AND ADJACENT WITH LOTS I THROUGH 6, INCLUSIVE, BLOCK 1 AND LYING SOUTH OF AND ADJACENT WITH LOT 1, BLOCK 6 OF'BEACHWAY", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 33 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; CONTAINING 2,250 SQUARE FEET MORE OR LESS. (Survey Attached Exhibit A-2) 5 RESOLUTION 42006-112 VACATION OF 1.5' UTILITY EASEMENT THAT CERTAIN UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 3230 AT PAGE 295 OF THE PUBLIC RECORDS OF BROWARD COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 1.50 FEET OF LOT 16,BLOCK 12,"TOWN OF MODELO",ACCORDING TO THE PLAT THEREOF AS RECORDED INPLAT BOOK"B", PAGE 48 OF THE PUBLIC RECORDS OF ML4,MUDADE COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. (Survey Attached Exhibit A-3) 6 RESOLUTION#2006-112 COPY: Len W. ❑�❑ KimleyHorn / LArtj L. and Associates, Inc. 13 v A ,t_og May 23, 2007 Suite 109 52CO N.W.33rd Avenue Mr. Dominic F. Orlando Ft.Lauderdale,Florida City of Dania Beach 33209 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Re: Traffic Calming Improvements -Dixie Highway and SW 2ndAvenue KHA Project No.: 044719003 Dear Mr. Orlando: This letter serves to provide you with a status update and to make recommendations with respect to the above. As you are aware, a study entitled "Dania Beach Heights CPTED Study" was performed by our office in November 2004. The study provided a conceptual traffic calming plan for the Dania Heights Neighborhood including the intersection of SW 2"d Avenue and Dixie Highway. The conceptual plan identified this subject intersection as a potential location for the construction of the roundabout. It is important to note that the traffic calming features depicting that the subject study were preliminary and a detailed feasibility analysis was not performed as part of the November 2004 study. Based on the report, Kimley-Horn and Associates, Inc. submitted a letter agreement for professional consulting services to the City of Dania Beach to perform engineering services for the traffic calming project referenced above. In doing so, it was our understanding that the City was in agreement that existing right-of-way may not be adequate for the construction of a conventional roundabout. However, City staff indicated that the affected property owners may be willing to provide additional easements to accommodate a roundabout design. It was further understood by our office that if a conventional roundabout could not be accommodated within the ultimate right-of- way/easement area, the City would entertain alternative traffic calming measures. Based on readily available aerial information of the right-of-way at the intersection location, KHA prepared three (3) preliminary traffic calming option concept sketches for the City. KHA presented and reviewed these three (3) options in a meeting with yourself. The options were as follows: • OptionAK A center island median on Dixie Highway with allowable cast/west left turn movements and resu�icting R.W. 2"d north/south through movements. TEt 535 510G FrX Bj 73P 2247 Kimley-Horn Dominic P.Orlando,May 23,2007,Page t and Associates, Inc. 3 • Option A center island median on Dixie Highway with restricting east/west left turn movements and S.W. 2" north/south through movements. • Option,3i A conventional roundabout. 1 Per our discussions with City staff, we expressed our concerns with Option 3: • The converging intersecting street angles do not provide adequate geometry to allow the intersection to function as a true roundabout. • An adjacent property owner's driveway interferes with the proposed operation of the roundabout. • Site triangles issues exist at the northwest comer, the result of a decorative concrete wall feature. • Larger turning vehicles, i.e. Semi trucks, Fire Protection, Ambulance and Sanitation would be affected by the restricted geometry of the roundabout. As an alternative, KHA suggested that a phased improvement that included converting the intersection to a four way stop followed by decorative stamped asphalt or brick paver pattern in the shape of a circle be created for the intersection. At your direction, KHA held a meeting with the Broward County Traffic Engineering Division (BCTED) in an effort to seek their input and acceptance of the concept. A summary of the meeting with BCTED now follows: • A meeting with BCTED was held on May 3, 2007. In attendance from BCTED were Ms. Linda Laskin, Mr. Andrew Sebo and Mr. Greg Spencer. In attendance from KHA were Mr. David Bannett and Mr. John McWilliams. • All in attendance agreed that a conventional roundabout would not fit in the intersection and that a sizable amount of right-of-way would have to be taken. • Mr. John McWilliams presented traffic data collected for the intersection. He said the data did not support fully warranting a 4- way stop. • Mr. David Barnett asked if the County would consider granting the 4- way stop on the basis of sight triangles and driveway safety issues. • Mr. Andrew Sebo said KHA would have to present crash data justifying the safety issue. He stated that the current data presented is 3 years old and requested that new data be collected for the. intersection. Mi. Sebo offered to schedule the data collection through his own County forces. He said it would take approximately 6 to 8 weeks to collect the data. IIA(J]L1,A0I719(U.-IlunaB11R, 111--11�lo ❑_❑ Kimley-Horn Dominic F.Orlando,May 23,2007,Page 3 and Associates, Inc. • Mr. Bannett said he would speak to the City about having KHA do the work in an effort to speed up the process. • Ms. Linda Laskin said she would not allow a circular median of any kind in the County's right-of-way. • Mr. Bannett asked if they would allow a brick paver pattern or stamped asphalt simulating a roundabout. • Ms. Laskin said we would have to discuss our request with Mr. Richard Tomese of the Broward County Highway Construction and Engineering Division (BCHCED). She said maintenance of the pavers may not be feasible for maintenance reasons. • Mr. Bannett asked if a letter from the City offering to maintain the brick pavers would be acceptable. • Ms. Laskin deferred to Mr. Tornese on the above. At this point, it is our recommendation that a meeting be held between Mr. Richard Tornese of BCHCED, The City of Dania Beach, and KHA to get the County's position with respect to brick pavers and or stamped asphalt within the County's right-of-way. We also recommend that new traffic data be collected with respect to the study intersection and that this data include crash history for the intersection. This analysis can be conducted by BCTED or by KHA. Based on the results of the meeting and traffic data, our office will be better able to advise the City with respect to a course of action to take for the design of a traffic calming device at this intersection. Based upon correspondence with County staff, Option 3 does not appear feasible. Please contact me at your earliest convenience regarding the above and to advise on proceeding with the meeting and traffic analysis. Sincerely, Kimley-Horn and Associates, Inc. David A. Barrett, P.E. 1[ 0-4 0,47I oi])o4,,Hd I 11 00I'll Cl,,leu":