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83849 - AGENDAS - City Commission
AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, AUGUST 12, 2008 - 7:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON,FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE # 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH,FL 33004,(954)924-6800 EXTENSION 3624,AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS,WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF,OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM,IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 1. CALL TO ORDER 2. INVOCATION AND PLEDGE OF ALLEGIANCE Father Roger Holoubek, St. Maurice Catholic Church 3. ROLL CALL 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS 4.1 Water and Sewer Rate Study 4.2 Dental Discount Network Option— Lloyd F. Rhodes, The Rhodes Insurance Group 4.3 Special Event request for the St. Ruth Missionary Baptist Church Centennial Parade to be held on Saturday, August 16, 2008 from 9:00 a.m. — 10:30 a.m. 5. PROCLAMATIONS 5.1 St. Ruth Missionary Baptist Church I00`° Anniversary 5.2 Dania Beach Firefighter Appreciation Month Dania Beach City Commission Agenda—August 12, 2008 Page 2 of 7 6. CITIZEN COMMENTS Addressing the Commission: Comments by Dania Beach citizens, or other interested parties that are not part of the regular agenda, may be made duringeach Commission meeting during the period set aside for"citizen comments." g g 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 July 22, 2008 City Commission Meeting Approve minutes of July 29, 2008 Budget Workshop Approve minutes of July 29, 2008 Special Meeting Resolutions 7.2 RESOLUTION #2008-130 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO RENEW AN AGREEMENT WITH AVMED HEALTH PLANS TO PROVIDE A SELF-FUNDED OPEN ACCESS POINT OF SERVICE ("POS") PLAN TO ELIGIBLE EMPLOYEES, RETIREES OR BOTH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION#2008-131 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO RENEW AN AGREEMENT WITH THE MAXON COMPANIES TO PROVIDE CLAIMS ADMINISTRATION FOR A SELF-FUNDED DENTAL, VISION AND DISABILITY PLAN TO ELIGIBLE EMPLOYEES AND RETIREES, AND TO INCLUDE IN THIS AGREEMENT ACCESS TO A DENTAL PREFERRED PROVIDER ORGANIZATION NETWORK, IN AN AMOUNT NOT TO EXCEED $12,300.00 FOR FISCAL YEAR 2008-09; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2008-132 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE CITY OF Dania Beach City Commission Agenda—August 12, 2008 Page 3 of 7 HOLLYWOOD FOR THE PURCHASE OF WATER SERVICE ON AN EMERGENCY BASIS FROM THE CITY OF HOLLYWOOD VIA AN INTERCONNECT SYSTEM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2008-134 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE NATIONAL LEAGUE OF CITIES' 2008 LEGISLATIVE PRIORITIES; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2008-135 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA SUPPORTING THE EFFORTS OF GOVERNOR CHARLIE CRIST AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO ACQUIRE LAND SOUTH OF LAKE OKEECHOBEE FOR THE PROTECTION AND RESTORATION OF AMERICA'S EVERGLADES AND FLORIDA'S COASTAL ESTUARIES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2008-133 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING GORDON LINN, MARK BERMAN AND MITCH KRAFT TO ACT AS CODE ENFORCEMENT SPECIAL MAGISTRATES FOR MUNICIPAL CODE ENFORCEMENT PROCEEDINGS AND ADJUSTING THE COMPENSATION FOR THEIR SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 8. BIDS AND REQUESTS FOR PROPOSALS 8.1 SW Community Center 9. PUBLIC HEARINGS 9.1 ORDINANCE #2008-019 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND BEACH WATCH, INC., TO AMEND THE DEFINITION OF THE TERM "LEASE YEAR", WHICH AFFECTS THE CALCULATION OF RENTAL DUE TO BE PAID BY THE TENANT; Dania Beach City Commission Agenda—August 12, 2008 Page 4 of 7 PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.2 ORDINANCE 42008-020 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE XII TO BE ENTITLED "STORM SHUTTER REGULATIONS" FOR PLACEMENT IN CHAPTER 8, `BUILDINGS", OF THE CITY CODE OF ORDINANCES; PRESCRIBING REQUIREMENTS FOR STORM SHUTTER PLACEMENT AND REMOVAL TO BE APPLICABLE TO ALL STRUCTURES CERTIFIED FOR OCCUPANCY IN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) 9.3 ORDINANCE #2008-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, AMENDING CHAPTER 28 "ZONING," ARTICLE 22 (RESERVED) TO ADD A HOTEL OVERLAY DISTRICT, IN ORDER TO PROVIDE FOR A NEW OVERLAY ZONING DISTRICT; AMENDING ARTICLE 28, "SIGNS", SECTION 28.190, "NONCONFORMING SIGNS", IN ORDER TO EXEMPT LEGAL NONCONFORMING POLE SIGNS IN THE HOTEL OVERLAY DISTRICT FROM REMOVAL; AMENDING ARTICLE IV-A, "ADMINISTRATIVE VARIANCE PROCEDURES", SECTION 33.126, "ADMINISTRATIVE VARIANCE PROCEDURES" OF THE ZONING APPENDIX IN ORDER TO PROVIDE FOR ADMINISTRATIVE VARIANCES WITHIN THE HOTEL OVERLAY DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 9.4 ORDINANCE#2008-023 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28 "ZONING," ARTICLE 32 "OUTDOOR STORAGE CONTAINERS IN RESIDENTIAL DISTRICTS;" PROVIDING FOR REGULATIONS RELATING TO OUTDOOR STORAGE CONTAINERS IN ALL ZONING DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 9.5 RESOLUTION#2008-115 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY GERALDINE HUGHES, PROPERTY OWNER, FROM CHAPTER 8, `BUILDING", ARTICLE XII, "EMERGENCY GENERATORS", SECTION 8-175, FOR PROPERTY LOCATED AT 4910 SW 32ND AVENUE, DANIA Dania Beach City Commission Agenda—August 12, 2008 Page 5 of 7 BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from July 22, 2008) 9.6 RESOLUTION#2008-125 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JAY KODNER, FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTY LOCATED AT 6 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.7 RESOLUTION#2008-126 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JAY KODNER, FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTY LOCATED AT 45 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.8 RESOLUTION#2008-127 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY SCOTT BACKMAN, ESQUIRE WITH THE FIRM SIEGEL, LIPMAN, DUNAY, SHEPARD & MISKEL, LLP, REPRESENTING THE PROPERTY OWNER, VALGARD OF STIRLING LLC FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON OCTOBER 23, 2007 AND EXPIRES ON AUGUST 8, 2008) RELATING TO THE APPROVALS OF A SPECIAL EXCEPTION 5E-23-06, APPROVED BY RESOLUTION 2006-133; VARIANCE VA-24-06 BY RESOLUTION NO. 2006-134 AND THE SITE PLAN REQUEST SP-22-06 BY RESOLUTION NO. 2006-135, FOR PROPERTY GENERALLY LOCATED AT THE NW CORNER OF STIRLING ROAD AND (UNIMPROVED) SW 19TH COURT (ON THE NORTH SIDE OF STIRLING ROAD WEST OF I-95, DANIA BEACH); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.9 RESOLUTION #2008-128 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY RICHARD M. MOGERMAN, P.A., REPRESENTING THE PROPERTY OWNER BRI, LLC, FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON FEBRUARY 12, 2008 AND EXPIRES ON JULY 23, 2008) AND ASSOCIATED PERVIOUS AREA WAIVER, RELATING TO THE APPROVAL OF SITE PLAN REQUEST SP-77-06 BY RESOLUTION NO. 2007-014, FOR PROPERTY LOCATED AT 47 NORTH BRYAN ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—August 12, 2008 Page 6 of 7 9.10 RESOLUTION#2008-129 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY MICHAEL GRIMALDI, OFFICER, M.P.V. INVESTMENTS INC., FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTY LOCATED AT 135 EAST DANIA BEACH BOULEVARD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. COMMISSION COMMENTS 10.1 Commissioner Anton 10.2 Commissioner Bertino 10.3 Commissioner Flury 10.4 Vice-Mayor Castro 10.5 Mayor Jones 11. DISCUSSION AND POSSIBLE ACTION 11.1 Greg Schaffer, 350 SW I"Avenue Sidewalk Issue—City Manager 11.2 50150 Sidewalk Plan Payments—Director of Finance 11.3 City of Dania Beach Vision and Mission Statements—Vice-Mayor Castro 12. APPOINTMENTS 12.1 Airport Advisory Board (15 Members— 3 per Commissioner— 2 Year Term) Commissioner Bertino— 1 appointment Commissioner Flury- 1 appointment 12.2 Dania Beach Housing Authority (7 Members appointed by the Mayor and confirmed by the City Commission—4 Year Term Mayor Jones — 1 appointment for a resident who is current in rent in a housing project, or a person of low income who is receiving rent subsidy through a project administered by the Authority 12.3 General Employees Pension Board (5 Members) Myrtle Corbin's term expired on June 22, 2008; she is interested in serving another 2 year term Dania Beach City Commission Agenda—August 12, 2008 Page 7 of 7 12.4 Grant Advisory Board (5 Members — I per Commissioner— Term consistent with the duration of the term of the appointing Commissioner) Commissioner Anton— 1 appointment Commissioner Bertino — 1 appointment 12.5 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Vice-Mayor Castro— 1 appointment 12.6 Nuisance Abatement Board (5 Regular and 2 Alternate Members — 1 per Commissioner—Alternates by entire Commission—2 Year Term) 2 Alternate positions 13. ADMINISTRATIVE REPORTS 13.1 City Manager 13.2 City Attorney 13.3 City Clerk—Reminders Tuesday, August 26, 2008 — 7:00 p.m. City Commission Meeting Wednesday, September 3, 2008 —4:00 p.m. CRA Board Meeting Tuesday, September 9, 2008 —7:00 p.m. City Commission Meeting Tuesday, September 16, 2008 — 7:00 p.m. First Public Hearing—Budget Thursday, September 18, 2008 —6:00 pm. Abatement Hearing Tuesday, September 23, 2008 —7:00 p.m. City Commission Meeting Wednesday, September 24, 2008- 7:00 p.m. Final Public Hearing - Budget 14. ADJOURNMENT �- 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: St. Ruth's Missionary Baptist Church Centennial Parade Event Date: August 16, 2008 [ ] Sean Brown --T—t [ ] Mike Cassano [ ] Dominic Orlando [ ] Corinne Lajoiej f)or e5� [ ] Phil Reeves [ ] Tom Ansbro [ ] Mary McDonald y SSl (-z- . [ ] Chief Donn Peterson — BSO Louise Stilson, City Clerk for agenda Kristen Jones/Glenn Morris COMMENTS/REQUIREMENTS: [ ]Approved [ ]See Comments Below [ ]See Attached Comment Sheet [ ]NA APPROVAL SIGNATURE OF REVIEWER: DATE: nh= nlcT0101 Man. City of Dania Beach 100 West Dania Beach Blvd., Dania Beach,FL 33004 SPECIAL EVENTS APPLICATION — Events on "PRIVATE" PROPERTY Please PRINT or TYPE Event Name: CT RUTH MISSIONARY BAPTIST CHURCH CENTENNIAL PARADE 'Brief Description of the Event A PARADE THROUGH THE CITY INCLUDING SCHOOL BANDS, FLOATS, AND CARS. Address/Location of Event: 145 NW STH AVENUE, DA,NIA BEACH, 33004 Event Coordinator: BRENDA 91 Af KMON Phone#1: 954 920,9985 E-mail Address: IyJgpppglMaol rom Phone#27. Fax Additional Contact Person for the Event: WARDFI I I FF Phone#1. 954 925-1686 E-mail Address Phone#2 954 Al nA7Q Pax Organization or Sponsor of Event: ST_ RUTH MISSIONARY BAPTIST CHURCH. INC. Address: 145 NW Sth Avenue City,State,Zip Code: Dania Beach Ft. 33004 Phone: 954 922,2529 Fax 954 922.2547 Cell Is this a Non-Profit Organization? W Yes [ I No Tax ID#: 85-8012685507C-7 Corporation Name(As It appears in the nrtices of Incorporation(: ST. RUTH MISSIONARY BAPTIST CHURCH. INC. Date of Incorporation: 1992 State of Incorporation: Florida Federal ID# 65-0352438 Authorizing Official for the Organization: Timothy T. Shell man, Pastor Phone#1: 954 603.3006 E-mail Address: strm bc(clibellsouth.net Phone#2. 754 367 1925 Authorizing Official for the Organization: Bernice Ned Phone#1: E-mail Address: — Phone#2 Spacial Everts Application-Page 1-Rev.FEB2006 Property Owner: ST. RUTH MISSIONARY BAPTIST CHURCH *Is a letter of consent submitted with this application from the property owner to the City of Dania Beach indicating that consent is given to the event sponsor to host this event on the property of the owner? [x] Yes [ ] No *Please Note—A letter o/Consent is required for the approval of Misapplication. Will any portion of this event take place on Public or City Property? [)J Yes [ ] No Will there be a charge for admission? [ ] Yes [)f No If yes, how much? Has this event been held in the past? [ ] Yes [X No If So,Indicate the city location of last event: *Is the event to take place: [ ] Indoors pQ 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 Saturday t 16 20 A *Anticipated Date and Time to Begin Set-Up: R_1 R nR /9•nn AM *Anticipated Date and Time for Completion of Break-Down: 8.16.08 / 10:30 AM *Do you have a site plan for the event to be submitted with this application? [ ] Yes [ ] No 'Please No — 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? Do Yes [ ] No *Please identify the street name(s)and/or locations for closure requests: NW 9th Ave., NW 3rd St., NW 8th Ave., Old Griffin Rd., North Fed. Hwy., Dania Bch. Blvd., Mizell Blvd., NW 7th Ave., Please NO —These streets must also he identified on the site plan. NW 1st St., NW 4th Ave. and NW 2nd St., and NW 5th Ave Spedal Events Application—Page 2—Rev.FEB2006 *Are you requesting to fence the event? [ ]Yes [)o No Please Note—You must identify any fencing on the site plan. *Will Canopies(No Sides)be used for this event?[ ]Yes ( No *Please Note-All canopies in excess of 400 square feet [Per NFPA 1:Table 1.12.19(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 No —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.) [ j Yes DO 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?[X Yes [ ] No *Please indicate the type(Ex. Band, DJ,Live Performers,etc.): School Bands & ROTC *Pleasespecify the hours of entertainment: DAY I DATE START TIME END TIME TOTAL 8 OF HOURS Saturda 08.16.08 10:30 AM 1. *Will a stage(s)be used in this event? [ ] Yes [M No Please note Fire Extinguisher Requirement in the next question. *Do you have adequate fire extinguishers for this event? [ ] Yes DO No *Please No -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 5lbs.) fire extinguishers that are currently certified and tagged by a licensed company. 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. 5peclal Evenla Appliaafim—Page 3—Rev.FEB2006 Will there be concessions or sales of food at this event? [ ] Yes [x No Please specify. *Will any type of cooking appliances be used by either the Sponsor of the Event or any of its vendors?[ ] Yes DQ No *If so,indicate the type of appliance(s)to be used and the number of each appliance to be used: [ ] N/A [ ] Electric Grills), #_ [ ] Gas Grill(s); #_ ( ] Charcoal Grill(s);#_ [ ] Smoker Grills(s);#_ [ ] Grease Fryer(s); # [ ] Oven(s); # [ ] Electric Range Bumer(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? [ ] 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 makino 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? [ ] 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? [ ] Yes IM No Please Note — An original certificate of liquor liability insurance is required to be submitted with this application. If Yes,Please Specify Types of Alcohol to be Sold: DQ WA [ ]Beer [ ] Wine [ ] Liquor [ ] Mixed Drinks [ ] Other: Will there be alcohol given away at this event? [ ] Yes pQ No Please Specify Types of Alcohol to be given away: L)Q NIA [ ]Beer [ ]Wine [ ]Liquor [ I Mixed Drinks [ ]Other: If alcohol is being served, please Indicate how the beverages will be served: [x NIA [ ] Draft Truck [ I Cold Plate ( ] Mini-Bar ( ] Beer Tub [ ] Table Service Other: Will there be retail sales at this event? [ ]Yes IM No Please Specify: Special Events Application—Page 4—Rev.FEe2006 *Will there be any carnival rides,mechanical or vehicular rides,or animal rides at this event? [ ] Yes DQ No *If yes, please describe: What is the name of the vendor or vendors providing the rides? [)4 N/A Please No - 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 Insurance with this application? [ ] Yes fA No *P/easeNote—An original Certificate of Liability Insurance is required for any and all rides. Ensurethat 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 DQ 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 DQ No *Please Note - Pyrotechnics and/or Fireworks displays require special applications, permits and inspections. 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 Manna. (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 DO No *Please No - Bleachers and Grandstands may have to meet special requirements. Locations must be indicated on the site plan. Are portable sanitary facilities being provided for this event? [ ] Yes [)I No If so,How many? M N/A Please llo —provide the locations of all sanitary facilities on the site plan. Is there a request for any temporary signage for this event? [ ] Yes DQ No Please Note — Any questions regarding temporary signage should be directed to Code Enforcement, (954)924-3646. Are there any services being requested from the City of Dania Beach? DQ Yes [ ] No If yes, please explain: POIICe Escort *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: St. Ruth Missionary Baptist Church Centennial Parade will line up at NW 9th Ave. nffin Rd., eas 0 e W oU O anla C v eas On O IZe v en O Ave., north to tat CT Pact to NW 4th Avenorth to NW 2nd Stending at the church. `Indicates special attention Fire Prevention. Special Events Application—Page 5—Rev FEe2006 BSO DETAIL REQIREMENT 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 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 the City Commission. Ala 'SVb ature of Applicantif Title oete special Events Application—Page 6—Rev.FEB2006 JULY 29, 2018 -ire Policy S�atus H Ph. (954 ) 920-6471 ST RUTH MISSIONARY BAPTIST SF=L Policy: 9fi-J7-7847-9 B xr issd: 1992 CHURCH Xref: PO BOX E9E DANIA FL 33004-C698 Location: 145 NW 51H AVE DANIA FL 33004 Term: CONT Type: Ci30RCH POLICY Renew date: AUG-1-9-09 Coverage information Premium: 8, 919 . 83 A-BJILDING 11617C0 B-BJSN PROP 2716C0 L-9USN LIAR `30000 Amount paid: 8919 .83 GEN AGGREGT 1C00UC0 Date paid: MAY-15-C8 PCO AGGREGT 1C000C O Bill to: INSD M-ME:�/PERSN 5000 12300 Pray prem: 15,260 Prev risk: 1, 136. 6C0 Deductibles applied: 500 ALL. PER OTHER DEC MAY APPLY Messages : FHCF ASM- 85. 82 CITIZENOSEM 12C. 14 Year built: 1952 C.onstr: MASONRY CITIZN05R 119.29 Zone: 20 Rome alert: BR FL IFS 8 . 58 Sub zone: 01 FL EMPAS 4. 00 Building Grade : 04 Insp Imprvd: Amt -9 Pct -2 .000 6 3 13a:90 00 6l Wq 7I1LY 29, 20C3 Fire Policy Status MORTGAGEE FIRST CNITED BANK ITS SUCCESSORS AND/OR i?SSIGNS STE 65C 1700 PALM BEACH LAKES ELVD KEST PALM BEACE FL 3-3401-2026 Pr"em adj : RENYR $ 1139 /BLGA.GE-SEEFILF CE:3P r 20. 0%/IRPM 0 0. 0% FMP seg: C6 'PROPERTY LOCATIONS HOC CMPX ADDRESS PROPERTY STCLS BLD A✓iT CONTENTS PREY-UM EXPOS[SRE L_MI- F14Ets2'jM 001 i45 NW 5TH AVE DANIA FL 33..04 1149400 271600 6354 960 250000 `iC0000 � � OE4�90 00 6: AeiN OFFICE OF THE MAYOR � CITY OF DANIA BEACH � �� / �a Be PROCLAMATION WHEREAS, Saint Ruth Missionary Baptist Church, the oldest Missionary Church and the first African-American Church in the City of Dania Beach, was organized in 1909 by the late Charlie Chambers and a few other faithful souls; and WHEREAS, Saint Ruth housed the first Colored Public School; and WHEREAS, the sanctuary was moved from 4`h Avenue to 51h Avenue in 1920; the first floor was destroyed in 1926; and a new sanctuary was completed in 1957; and WHEREAS, under the leadership of Reverend W.C. Edcar, the WD, MD, Youth Revival was added to the Church program; and WHEREAS, Reverend Randall Barr licensed Saint Ruth's first female Minister; revised the order of service and new Sunday School literature; introduced computers; and established many Outreach Programs; and WHEREAS, in 2005 Reverend Timothy Shellman, Sr. initiated the weekly "Sacrificial Offering" Program, First Joint Choirs Anniversary, and Mother's Board; and WHEREAS, in 2006, the "We Care Committee" was organized and sent care packages to college students; and WHEREAS, in 2006, the Board of Christian Education initiated the first "Family Night/Back to School Program" which provides school supplies and valuable information to parents regarding the need to be involved in their children's education; and WHEREAS, the Church voted to begin an expansion project in 2006; and WHEREAS, in 2007, the Church held its' first "Outreach Thrust" which involved several ministries reaching out to the community. NOW, THEREFORE, BE IT RESOLVED that I, Albert C. Jones, Mayor of the City of Dania Beach, Florida, do hereby recognize Saint Ruth Missionary Baptist Church on their: "100'h Anniversary" ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR OFFICE OF THE MAYOR .�J. /2 CITY OF DANIA BEACH $ �x PROCLAMATION WHEREAS, fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and selfless concern for the welfare of our citizens; and WHEREAS, in addition to their daily service to communities, Firefighters throughout the state and across the nation have joined the Muscular Dystrophy Association for more than 50 years in the fight against neuromuscular diseases; and WHEREAS, the Dania Beach Firefighters collected more than $1,700.00 for children and adults affected by neuromuscular diseases during their 2007 "Fill the Boot' campaign; and WHEREAS, Firefighters across South Florida are the #1 Fundraising Sponsors of MDA locally and through the State of Florida; and WHEREAS, the Muscular Dystrophy Association is extremely grateful to the firefighters of the City of Dania Beach whose 2008 "Fill the Boot' campaign will assist MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families; and WHEREAS, in honor of the efforts of the Firefighters of the City of Dania Beach, the MDA is sponsoring August 2008 as Dania Beach Firefighter Appreciation Month; and WHEREAS, it is appropriate for all Dania Beach citizens to join the Muscular Dystrophy Association in this tribute to our Firefighters. NOW, THEREFORE, I, Albert C. Jones, Mayor of the City of Dania Beach, Florida do hereby proclaim the month of August 2008, as "DANIA BEACH FIREFIGHTER APPRECIATION MONTH" and commend the Firefighters for their efforts on behalf of the Muscular Dystrophy Association. ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR MINUTES OF REGULAR MEETING /• / DANIA BEACH CITY COMMISSION TUESDAY, JULY 22, 2008 - 7:00 P.M. 1. Call to Order Mayor Jones called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Pastor Mario Cinelli, Lighthouse Community Church, gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Albert Jones Vice-Mayor: Anne Castro Commissioners: Bob Anton Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson Absent: Commissioner: John Bertino Vice-Mayor Castro motioned to excuse the absence of Commissioner Bertino; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes City Manager Pato introduced Norris Colvert, Director of Community Development, and Jack McCartt, Fire Chief,to the City Commission. 4. Presentations and Special Event Approvals 4.1 Certificate of Appreciation for Corinne Lajoie, AICP, Principal City Planner City Manager Pato presented a certificate of appreciation to Corinne Lajoie, AICP, Principal City Planner, for her tenure as the Acting Director of Community Development. 4.2 Certificate of Appreciation for Michael Cassano, Deputy Fire Chief City Manager Palo presented a certificate of appreciation to Deputy Fire Chief Michael Cassano for his tenure as Acting Fire Chief. City Manager Palo requested that the Commission view a video developed by Code Compliance that will air on the City's television station. The video addresses the 10 most common code violations. City Manager Palo commended Nick Lupo, Code Compliance Manager, for creating the video. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Greg Schaffer, 350 SW I" Avenue, explained he is refinancing his house to repay the cost of the sidewalk repairs. He noted the City placed a lien on his house for the full cost of the sidewalk after he appeared before the Commission earlier this year, and asked the Commission to remove the lien on his house. Mayor Jones noted the Commission directed staff not to place a lien on the property and to set up a payment plan. Commissioner Flury remembered that the Commission allowed Mr. Schaffer to have time to pay the loan. She thought he would have to get an attorney to release the lien. Commissioner Flury further noted that this was a mistake on the part of the City and suggested removing the lien on his property and waiving the remainder of the sidewalk repair costs. Commissioner Flury motioned to remove the lien as soon as possible, and stop any payments owed to the City for the sidewalk repairs; seconded by Vice-Mayor Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes Sandra Mitzel, 1410 Argonaut Isle, representing the Friends of the Library, expressed their gratitude for all the work the City has done for the Library. She questioned the status of the project, and if the City was ready to start the project when the funds are awarded. Ms. Mitzel also asked if the Friends of the Library could do anything to support the City. City Manager Palo noted that there are still three issues to be resolved regarding the Interlocal Agreement with the County. He advised that the County still plans to include this item on one of Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, July 22, 2008—7:00 p.m. the County Commission agendas in August. City Manager Palo further indicated that the City is willing to move forward, as soon as the County is ready. City Attorney Ansbro explained that the County wants a 99-year lease, but we proposed 50 years. He noted the County wants the City to pay all the fees, including impact fees, however it is not our building. City Attorney Ansbro also advised that we proposed 60-70 parking spaces but they want 100. He indicated there is a new lawyer handling this case for the County. The consensus of the Commission was to agree to the 99-year lease and the parking spaces. The City Attorney will contact the County attorney tomorrow regarding the impact fees. Jimmy Crimminger, 237 SW 15th Street, noted he attended a meeting regarding the designation of AlA as a Florida Scenic Highway and thanked Kristin Dion, City Planner, for participating as the City's representative. He noted they requested letters of support from the community. Mr. Crimminger commented he attended the Special Magistrate's meeting this month and was impressed with the professionalism of the Code Compliance Unit and their staff. He thanked them for everything they are doing for the citizens of Dania Beach. George Jason, 4549 SW 37`h Avenue, noted the Fire Department received a $10,000 grant for the CERT Program. He mentioned that the next training will be Monday, July 28 at 7:00 p.m., at Fire Station#1. Mr. Jason encouraged everyone to join the program. Derrick Hankerson, 746 SW 3 d Street, noted he is on the Nuisance Abatement Board, and they have not met in two years. He questioned the status of the Board. Mayor Jones explained the Board is dependent on the Broward Sheriff's Office, and suggested Mr. Hankerson contacts BSO Chief Peterson for more information. He pointed out that he would prefer to keep the Board intact. Commissioner Anton explained the Board was created to deal with prostitution, drug problems, and crime. City Attorney Ansbro advised the Board has not met because no cases have been brought forward due to BSO obtaining compliance. He clarified the Nuisance Abatement Board has nothing to do with the Special Magistrate process and that the Code Compliance Unit could not have jurisdiction on the same type of issues handled by the Board. Kurt Ely, 245 SW I" Avenue, noted he is comfortable with the people who will have to make tough decisions with our budget during these difficult times. He commented on anonymous flyers that appear during the political season. He also commented on the e-mail and cell phone texting that occurs during Commission meetings. Faye Bartelmes, 214 SW 2°d Terrace, noted gas at the Hess station is $4.05 if you pay cash, but the price is $4.17 if you use a credit card. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, July 22,2008—7:00 p.m. Teddy Bohanan, SW 15`h Street, commented the Nuisance Abatement Board is important to the City and helps with keeping our children away from drugs and prostitution. 7. Consent Agenda Items removed from Consent Agenda: #7.2 7.1 Minutes Approve minutes from June 24, 2008 City Commission meeting Resolutions 7.2 RESOLUTION #2008-117 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING PIER ADMISSION FEES FOR THE DANIA BEACH PIER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-117. Vice-Mayor Castro advised that she pulled this item to let people know that the fee for spectators visiting the Pier will be increased to $2.00 and the fee for fishing will remain at $3.00. She also noted that the Pier restaurateurs have now completed their first year in business. Vice-Mayor Castro recommended conducting a financial audit of their books as prescribed in the lease agreement. City Attorney Ansbro clarified for Commissioner Flury that the lease agreement provides for the audit to be done when the City elects to do so, however it is not done automatically. Vice-Mayor Castro motioned to adopt Resolution #2008-117, with a provision to audit the books of the Beach Watch Restaurant; seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 7.3 RESOLUTION #2008-118 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING A TRANSFER OF FUNDS IN CONNECTION WITH THE NW 7' AVENUE WATER MAIN REPLACEMENT PROJECT; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2008-119 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE REPLACEMENT AND INSTALLATION OF SIDEWALK SERVICES N AN AMOUNT NOT TO EXCEED $70,000.00 N FISCAL YEAR 2007-2008, FROM STRAIGHTLNE ENGINEERING SERVICES Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,July 22, 2008—7:00 p.m. UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID #05-06-012; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2008-120 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA GRANTING A UTILITY EASEMENT TO THE FLORIDA POWER AND LIGHT COMPANY IN CONNECTION WITH CONSTRUCTION OF CITY FIRE STATION 93; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION 42008-121 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA GRANTING A UTILITY EASEMENT TO THE FLORIDA POWER AND LIGHT COMPANY TO ACCOMMODATE DEVELOPMENT AT THE HARBOUR TOWNE MARINA, OPERATED BY HARBOUR TOWNE ASSOCIATES;PROVIDING FOR CONFLICTS,FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2008-122 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CHEN AND ASSOCIATES RELATING TO ENGINEERING SERVICES FOR THE NW 1ST AVENUE WATER MAIN AND STORMWATER IMPROVEMENT PROJECT; PROVIDING THAT THE COST FOR SUCH SERVICES SHALL NOT EXCEED FORTY-FIVE THOUSAND FOUR HUNDRED SIXTY SIX DOLLARS ($45,466.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles read by City Attorney) 7.8 ORDINANCE#2008-019 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND BEACH WATCH, INC., TO AMEND THE DEFINITION OF THE TERM "LEASE YEAR", WHICH AFFECTS THE CALCULATION OF RENTAL DUE TO BE PAID BY THE TENANT; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.9 ORDINANCE #2008-020 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE XII TO BE ENTITLED "STORM SHUTTER REGULATIONS" FOR PLACEMENT IN CHAPTER 8, "BUILDINGS", OF THE CITY CODE OF ORDINANCES; PRESCRIBING REQUIREMENTS FOR STORM SHUTTER PLACEMENT AND REMOVAL TO BE APPLICABLE TO ALL STRUCTURES CERTIFIED FOR OCCUPANCY IN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Anton motioned to adopt the Consent Agenda, with the exception of Item #7.2; seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,July 22,2008—7:00 p.m. Commissioner Flury Yes Mayor Jones Yes 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 9.1 ORDINANCE #2008-017 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE X TO BE ENTITLED "SMOKING RESTRICTIONS IN PUBLIC PARKS" OF CHAPTER 17 OF THE CITY CODE OF ORDINANCES ("OFFENSES; MISCELLANEOUS") AND CREATING CODE SECTION 17-30 TO BE ENTITLED, "SMOKING PROHIBITED IN CERTAIN AREAS OF PUBLIC PARKS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance 42008-017. Kristen Jones, Director of Parks and Recreation, presented the signs that will be placed in the parks and playgrounds. She noted that the penalty will be $50 per violation and money collected for the fines will go into the General Fund. Mayor Jones opened the Public Hearing. Jimmy Crimminger, 237 SW 15th Street, commended Director Jones for her initiative to make the playground areas smoke-free. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearing. Commissioner Flury motioned to adopt Ordinance #2008-017, on second reading; seconded by Vice-Mayor Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 9.2 ORDINANCE#2008-018 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA REPEALING SECTION 15-12, "BUSINESS TAX SCHEDULE" OF THE CODE OF ORDINANCES AND CREATING A NEW SECTION 15-12, ALSO ENTITLED "BUSINESS TAX SCHEDULE" TO PROVIDE FOR A FIVE PERCENT (5%) INCREASE IN THE ANNUAL BUSINESS TAXES ASSESSED AGAINST ALL BUSINESS CATEGORIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Minutes of Regular Meeting Dania Beach City Commission Tuesday,July 22, 2008—7:00 p.m. City Attorney Ansbro read the title of Ordinance#2008-018. Mayor Jones opened the Public Hearing. Jimmy Crimminger, 237 SW 15`h Street, noted this is a tax increase during a time of business revenue decrease. He asked the Commission to reduce the increase to 2-3 percent. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearing. City Manager Palo noted this is a five percent increase and the last change was made in 1993. He indicated this change places us in line with other cities, and provided examples of the fee increase depending on the size of the business. Vice-Mayor Castro requested that in the future, the Chamber of Commerce be included in the discussion to increase the fees. City Attorney Ansbro noted that the cities are allowed to raise business tax fees to a maximum of five percent, every other year; however, Dania Beach has not done this for fifteen years. Patricia Varney, Director of Finance, advised that the License renewals need to be sent out to business owners by August I". If this ordinance is not approved tonight, we will not be able to increase our fees this fiscal year. She confirmed that staff did not do a survey of other cities for their fees. Commissioner Flury noted that in the future we should have a comparison with other similar cities whenever we are increasing fees, to insure we are in the right position in a competitive market. Commissioner Flury motioned to adopt Ordinance #2008-018, on second reading; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 9.3 ORDINANCE #2008-021 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY OF DANIA BEACH'S COMPREHENSIVE PLAN BY AMENDING THE FUTURE LAND USE ELEMENT (FLUE), HOUSING ELEMENT, TRANSPORTATION ELEMENT, AND COASTAL ELEMENT PURSUANT TO THE STATE-APPROVED CITY OF DANIA BEACH EVALUATION AND APPRAISAL REPORT AS MORE SPECIFICALLY SET FORTH IN EXHIBITS "A," "B," "C," AND"D;" PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND ALL OTHER UNITS OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCIES REQUIRED BY LAW; PROVIDING FOR ADOPTION PURSUANT TO SECTIONS 163.3184 AND 163.3187, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,July 22, 2008—7:00 p.m. City Attorney Ansbro read the title of Ordinance #2008-021. Leigh Kerr, AICP, Planning Consultant for the City, noted the Transportation Element was updated and approved by the State. He summarized the proposed amendments that are updated through this Ordinance. Mr. Kerr indicated that on page 5 of the Future Land Use Element, it would be appropriate to make a correction before transmission to FDCA. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Castro motioned to adopt Ordinance #2008-021, on first reading for transmittal; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 9.4 RESOLUTION #2008-114 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION REQUEST (VC-18-08) SUBMITTED BY THE CITY OF DANIA BEACH AS PROPERTY OWNER, TO VACATE THE ROADWAY EASEMENT ON SW PARK STREET LOCATED BETWEEN SW 3Ro AVENUE AND SW Ise AVENUE JUST SOUTH OF THE DANIA BEACH ADMINISTRATIVE BUILDING AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-114. Corinne Lajoie, AICP, Principal City Planner, advised that this is a request to vacate the SW Park Street right-of-way, following the recent purchase of the 109 Park Street property located south of City Hall. The vacation will create a continuous property allowing for greater design flexibility. She noted that the City has contacted all public utilities and they have no objection to the vacation of the street, provided those utilities are relocated at the City's expense, which would be approximately $22,000.00. The Planning and Zoning Board, as well as staff, are recommending approval of the request. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Anton motioned to approve Resolution #2008-114; seconded by Vice-Mayor Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,July 22,2008—7:00 p.m. City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in those who would speak. He asked the Commission to disclose any communication they had on these matters. 9.5 RESOLUTION #2008-115 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY GERALDINE HUGHES, PROPERTY OWNER, FROM CHAPTER 8, "BUILDING', ARTICLE XII, "EMERGENCY GENERATORS", SECTION 8-175, FOR PROPERTY LOCATED AT 4910 SW 32No AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-115. Corinne Lajoie, AICP, Principal City Planner, advised staff is requesting a continuance until the August 12, 2008 City Commission meeting. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Castro motioned to continue Resolution #2008-115 until the August 12, 2008 City Commission meeting at 7:00 p.m.; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 9.6 RESOLUTION #2008-116 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JODY OBERHOLTZER, MANAGING MEMBER OF GREEN OAKS LLC, FOR PROPERTY LOCATED AT 2960 SW 23Ro TERRACE, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-116. Corinne Lajoie, AICP, Principal City Planner, advised the applicant is requesting site plan approval for the construction of an office-warehouse building. She explained the zoning and location of the property and clarified that this application requires no variances. The Planning and Zoning Board recommended approval subject to conditions. Ms. Lajoie noted the property owners agreed to all comments. Mayor Jones opened the Public Hearing. Mike Sanchez, Architect for the project, presented renderings of the proposed project, and was available to answer questions. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,July 22,2008—7:00 p.m. Seeing as there was no one to speak in favor or opposition, Mayor Jones closed the Public Hearing. Vice-Mayor Castro motioned to adopt Resolution #2008-116; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton noted the Melaleuca Gardens Homeowners' Association would meet tomorrow evening at 7:00 p.m. regarding the Environmental Impact Statement (EIS) report. He advised that Broward County Commissioner John Rodstrom will be at the meeting. Commissioner Anton is concerned with the airlines that are pulling out of the Fort Lauderdale- Hollywood International Airport and the rising cost of fuel, however the County is still proceeding with the expansion of the Airport. He encouraged everyone to attend this important meeting. Commissioner Anton noted the Commission recently approved the redesign of a building at Canterbury Square. He said the permit fees are high for this minor renovation, and asked the City to review the charges. Commissioner Anton thought we should make it easier for people who are working toward revitalizing our downtown district. Corinne Lajoie, AICP, Principal Planner, explained the fees are based on the number of inspections required for the project and the cost of each inspection is $90.00. She commented the City could consider subsidizing some businesses within the Community Redevelopment Area. Commissioner Anton suggested we have a workshop to discuss the matter. Mayor Jones concurred with Commissioner Anton. Vice-Mayor Castro asked CRA Director Earle if he had any prior experience with cities moderating fees for CRA areas. Jeremy Earle, CRA Director, noted some CRA's reduce or eliminate charges. He added he would ask the CRA counsel to confirm whether this would be appropriate for the City of Dania Beach. Commissioner Anton requested that Ms. Lajoie review the charges in this particular case. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,July 22, 2008—7:00 p.m. 10.2 Commissioner Bertino Commissioner Bertino was not present at this meeting. 10.3 Commissioner Flury Commissioner Flury questioned the status of the SE 3`d Terrace request for speed humps. She noted the City Attorney is revising the process for speed humps and street closures. Commissioner Flury commented on graffiti in the City, and requested that the public report it if they see it. She thinks we need to be creative to reduce and eliminate graffiti and wondered how other cities handle it. Commissioner Flury thought we needed to implement a policy to have private property owners eliminate graffiti on their buildings. City Attorney Ansbro commented on how Coral Springs handles the situation. Commissioner Flury asked for the following items to be presented at the Budget Workshop on Tuesday, July 29: a breakdown of professional services and contract services; and an update of FY 08 Capital Projects. She stated for the record that she is not in favor of any tax increase. 10.4 Vice-Mayor Castro Vice-Mayor Castro concurred with Commissioner Flury's comments on not increasing the tax rate. Vice-Mayor Castro commented there is a chemical solution that can be purchased to remove graffiti which we can recommend to property owners to resolve the problem. Vice-Mayor Castro commented on the bus benches that were corrected by Martin Outdoor Media. Vice-Mayor Castro noted the Tourism Council and the Chamber of Commerce will work together in a strategic partnership to promote economic development in the City. She indicated the Tourism Council requested funds for regular expenses and maintenance ($1,600 for the current fiscal year), and suggested that City Manager Palo had money left in the Economic Development Fund which could be used to cover these expenses. Vice-Mayor Castro motioned to give $1,600.00 to the Tourism Council from Economic Development Funds; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes Vice-Mayor Castro commented there are a lot of residents who are unhappy or confused with the way we enforce our code. Some people have complained about the attitude of the officers Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,July 22,2008—7:00 p.m. handling their case. She thought it was imperative that we have a workshop on Code Compliance where we can set strategic goals on how to approach and communicate with people. Vice-Mayor Castro suggested the workshop be held in conjunction with the one on boats, trailers and RV's. Vice-Mayor Castro commented that dumpster enclosures should be in compliance by the end of the year. She suggested developing a plan with Waste Management to encourage the businesses to apply for their enclosures soon. Vice-Mayor Castro remarked she will not be sympathetic with any requests for extensions. Nick Lupo, Code Compliance Manager, advised they met with the dumpster haulers and asked for names and addresses of their accounts. Code Compliance sent notices to all of the dumpster owners notifying them of the upcoming change. He further noted that an announcement is also posted on the City's Web Site with the requirements for people to come into compliance before the effective date of January 1, 2009. Vice-Mayor Castro noted we need to move forward on the SE P Terrace traffic calming plan as soon as possible. 10.5 Mayor Jones Mayor Jones suggested the City contact the businesses with dumpsters and notify them that enforcement will continence on January 1, 2009. He suggested the businesses work uniformly to comply. Mayor Jones read a letter from Governor Crist in response to a letter that was sent by the City regarding Ft. Lauderdale-Hollywood International Airport. He noted their response does not address any of the concerns mentioned in our letter. Mayor Jones encouraged everyone to attend tomorrow night's Melaleuca Gardens Homeowners' Association meeting regarding the Airport EIS report. Commissioner Anton commented that while the State is cutting funds for education and needed roadways and repairs, they are going to spend $50M on the Airport expansion. He urged our residents to approach the Governor and the County with their concerns. Vice-Mayor Castro noted we are now allowed to vote at the Metropolitan Planning Organization (MPO) meetings. She said that she challenged the MPO to review the Airport issue in detail. Vice-Mayor Castro encouraged everyone to get involved and have their friends in Dania Beach and other cities send their comments to the County. Mayor Jones noted the United Church of Liberia is asking for support for Progress in the Park. They are asking for money or in-kind services, such as a float with signage and volunteers for distributing flyers, a fire truck, etc. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,July 22,2008—7:00 p.m. Commissioner Flury noted this is mainly a `Back to School"program to provide school supplies for our children. She pointed out that the City of Hollywood contributes significantly, and we should support it because it is for our community. Commissioner Anton thought last year's event was very successful and was supportive of the program. He thought we could help with the Fire Department supplying a truck and the Broward Sheriffs Office providing assistance with traffic. We could also help with printing costs and the Parks and Recreation Department could supply water. Commissioner Flury motioned for $1,000.00 to support the Progress in the Park project; seconded by Vice-Mayor Castro. The motion carried unanimously. Mayor Jones commented on the St. Ruth's Missionary Baptist Church Special Event for their 100a' Anniversary to be held on Saturday, August 16th, starting at 9:00 a.m. Mayor Jones commented on the CRA Charettes to be held July 30-31, and encouraged the community to attend. Mayor Jones noted there will be a joint meeting with the City of Hollywood on Thursday, October 23 at 3:30 p.m. He indicated the possible locations are: DCOTA, Sheraton Hotel and P.J. Meli Park. Mayor Jones asked the Commission for their preference. Commissioner Anton suggested DCOTA as being a neutral site. Discussion followed regarding the cost involved in providing a portable recording system for the meeting. City Clerk Stilson advised that in order for the recording equipment to be compatible with the system that we have, we would need to purchase one for approximately $4,500.00. This would not include the sound system which would probably be available at the conference room where the meeting is held. It was the Commission consensus for the City Manager to work out the arrangements. Mayor Jones noted he attended a Water Resource meeting and they have established a Water Resource Task Force, with representatives from the different cities within the County. They would like elected officials to participate and attend a Broward County Leaders Water Academy starting in October this year. Commissioner Anton nominated Mayor Jones as the City Representative to the Water Resource Task Force; seconded by Vice-Mayor Castro. The motion carried unanimously. 11. Discussion and Possible Action There were no discussion items on this agenda. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,July 22,2008—7:00 p.m. 12. Appointments Mayor Jones noted he had contacted Rita Brown, Dania Beach Housing Authority, for some suggestions to fill their current vacancy; however, she could not provide any names at this time. There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Pato reported the proposed budget has been released and the Workshop will be held in the Commission Chamber at City Hall, on Tuesday, July 29, beginning at 8:00 a.m. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk—Reminders Tuesday, July 29, 2008 — 8:00 a.m. Budget Workshop followed by a Special Meeting to set the not to exceed rates Wednesday, August 6, 2008 —6:00 p.m. CRA Board Meeting Tuesday, August 12,2008 —7:00 p.m. City Commission Meeting Tuesday, August 26,2008 —7:00 p.m. City Commission Meeting 14. Adiournment Mayor Jones adjourned the meeting at 9:26 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday, July 22,2008—7:00 p.m. / MINUTES OF BUDGET WORKSHOP DANIA BEACH CITY COMMISSION TUESDAY, JULY 29, 2008 - 8:00 A.M. 1. Call to Order Mayor Jones called the workshop to order at 8:09 a.m. 2. Roll Call Present: Mayor: Albert Jones Vice-Mayor: Anne Castro Commissioners: Bob Anton John Bertino Arrived at 10:19 a.m. Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson Also Present: Patricia Varney, Finance Director Nicki Satterfield, Assistant Finance Director Colin Donnelly, Assistant City Manager Dominic Orlando, Director of Public Services and Utilities Mary McDonald, Director of Human Resources and Risk Management Norris Colvert, Director of Community Development Jack McCartt, Fire Chief Michael Cassano, Deputy Fire Chief Kristen Jones, Director of Parks and Recreation Donn Peterson, BSO Chief Jeremy Earle, Community Redevelopment Director Mayor Jones noted these are trying times for cities with cuts from Amendment #1, which require us to make tough decisions. He remarked that it is during difficult times that leaders lead and now is the time to lead. Mayor Jones stated he is proud of this Commission because when he was previously on the Commission they did not want to lead, but this Commission is not afraid to lead. He noted some of the projects that have moved forward with this Commission. Mayor Jones also commended the City Manager, City Attorney, and staff for their hard work. He indicated that this body has been good to the citizens, but it is now time to lead for what is best for Dania Beach. Mayor Jones stated he wants the Commission to leave some room in the millage rate to allow latitude to forge ahead. 3. Presentation and discussion on the City Manager's Proposed FY08/09 Operating Budget Appropriations: City Manager/Finance Director Summary Presentation City Manager Palo made the following opening statement: "This proposed budget was put together in accordance with the direction you gave us during the strategic planning workshop we held March 15, 2008. To balance the proposed budget at the present millage rate of 5.4044 will require you to find additional cuts, ways to raise additional revenues or simply look to the reserves. This proposed budget is balanced at the millage rate of 5.6829 which the State allows you to set with a simple majority vote and in accordance with the Personal Income Growth rate of 4.15 %. The Governor, the Legislature and the taxpayers spoke loud and clear, they want taxes lowered and they said they were willing to accept the consequences associated with it; they are feeling the pain of high gas prices, an economic recession, double digit increases in their FPL bills, a drop in their home equity, and higher food and insurance costs. It is not our intent to ignore the will of the voters by balancing this budget at the 5.6829 rate; we do so because it allows us to maintain acceptable levels of services, because it does not compromise public safety, and because it keeps the City of Dania Beach fiscally sound. Under this proposed budget the people still get a tax cut and will pay less in taxes than they did last year. BUT WE MAY BE ONLY BUYING TIME! With the possibility of additional tax cuts, declining revenues, State mandated caps in your ability to raise revenues and further declines in real estate values, we have a responsibility today to keep our sights also on FY 2010; I believe our next Commission will face a much tougher time balancing next year's budget than the one you are addressing here today. We came prepared to have a discussion with you today about how we can produce a budget you can all agree on, our fund balance is now approximately $15M, regrettably we will not be able to meet the Commission's stated goal of$20M in reserves. We look forward to a thorough review and are ready to discuss any changes you wish to propose." Patricia Varney, Director of Finance, presented a PowerPoint overview of the proposed FY 2008-2009 Budget, which is attached to and incorporated into these minutes. Commissioner Flury noted this is a good budget, but she will not support an increase in the millage rate because she believes we do not need to do that. She will also not support the Minutes of Budget Workshop 2 Dania Beach City Commission Tuesday,July 29,2008—8:00 a.m. elimination of the COLA or reduction of the monthly expense allowance for Department Heads, because it would demoralize the leadership of the City. Commissioner Flury did not have any issues with the revenues however, she is concerned with salaries. She questioned if we could fund less than the whole amount$1.3M for GASB 45, and if so, what would be the total liability. Finance Director Varney explained that if we reduce the funding for GASB 45 it would drop our net assets. Mayor Jones asked Director Varney what would be the consequences of not funding the total of $1.3M for GASB 45. Finance Director Varney explained we need $1.6M-$1.8M annually for a city our size, but an actuary study is required every two years. She indicated that the main consequence would be when trying to borrow money, and the liability will continue to grow every year if we do not fund it annually. Director Varney remarked that if we fund less, we would lower our net assets at the close of the fiscal year. Commissioner Anton questioned how this would affect us with SRF funding. Finance Director Varney explained it would not, however it may affect us in the future if we need to borrow other funds. Commissioner Flury pointed out that reducing the funding for GASB 45 by $100,000 would not make a difference. Vice-Mayor Castro would like to assess the capital projects that are completed, or near completion, in the Capital Improvement Plan. She indicated there may be some adjustments that could be made. Finance Director Varney clarified that the SE Traffic Calming funding will be derived from the Three Cents Gas Tax. Discussion followed among the Commission, Director Varney, and Public Services Director Orlando regarding the possible changes to be made to the SE Traffic Calming Plan in order to reduce expenses. Finance Director Varney advised she already recognized the savings in the Capital Projects. She noted the 53rd Court project funding was derived from the G.O. Bond and the Three Cents Gas Tax. Vice-Mayor Castro suggested the surplus G.O. Bond funds for recreation projects could be brought forward to use for Adler Park and other park projects in the 2009 budget. This would reduce costs in the General Fund budget. Minutes of Budget Workshop 3 Dania Beach City Commission Tuesday,July 29,2008—8:00 a.m. Commissioner Flury clarified with Director Varney that the surplus funds from projects that are completed would be allocated to the General Fund balance and the G.O. Bond for recreation proj ects. The Commission generally agreed to reduce costs from the following projects: -$250,000 from the SE Traffic Calming project -$53,000 from Adler Park -$172,000 from 53 d Court Commissioner Anton clarified for the record that the information shows the balancing of the budget of approximately $2M being derived from the General Fund balance. He also noted that our current Fund balance is over$18M. Mayor Jones questioned the funding for the SW Community Center. Finance Director Varney confirmed that G.O. Bond recreational funds could be used for the SW Community Center. She further clarified that Park Impact Fees could also be used to fund the SW Community Center. Departmental Budgets review/Revenue review City Attorney City Attorney Ansbro advised that he met with Special City Attorney Tim Ryan and Nick Lupo, Code Compliance Manager, and they are proposing to implement an administrative fee, in addition to the fines, as allowed by law. The fees would help defray the cost of staff overtime and legal expenses associated with processing code cases. Nick Lupo, Code Compliance Manager advised that, subject to Commission approval, they are proposing to charge $25 for stipulated/non-contested cases, and $50 for cases involving a hearing. He clarified these charges would only apply to cases brought before the Special Magistrate, not for every citation issued. Mr. Lupo pointed out that several other cities follow the same procedure. Commissioner Flury thought we should charge $50 for every non-contested case rather than add more costs to the ones who would be paying fines anyway. Vice-Mayor Castro confirmed with Mr. Lupo that those cases who comply are not charged. City Attorney Ansbro noted that another proposal would be to implement a uniform code citation to repeat violators. Mr. Lupo explained that the proposal is a uniform code citation process, similar to a traffic citation. It applies to minor violations that can be corrected within 24-48 hours, such as trash Minutes of Budget Workshop 4 Dania Beach City Commission Tuesday,July 29, 2008—8:00 a.m. cans not brought in after pick-up. He noted his department will first send a Courtesy Notice and if the violation continues they will implement a progressive level of fines beginning at $25. Tim Ryan, Special City Attorney for Code Compliance, confirmed that a $25-$50 fee would be charged for cases appearing before the Special Magistrate. He further noted that routine violators for minor cases that do not come before the Special Magistrate would fall under a schedule of costs presented by ordinance for Commission consideration. Commissioner Flury noted she agreed with staff recommendation on the first proposal for $25- $50 fines. However, she thought we were not yet ready for the second proposal because we are inconsistent. Attorney Ryan noted that we are trying to bring uniformity with cases appearing before the Special Magistrate. He felt the Commission may want to hold a workshop to discuss this matter in more detail. Vice-Mayor Castro suggested including this proposal in the One Code process, which would also allow for public input. City Attorney Ansbro proposed that the Code Compliance Unit assume some of the administrative paperwork handled by Attorney Tim Ryan, with the City Attorney's review. He was pleased to report that outside counsel costs have decreased significantly and that we are recovering costs for some projects in the Community Development Department. Commissioner Anton indicated that more legal services should be done in-house, and added that we would definitely need more funds for airport litigation. Commissioner Flury indicated the figures were inflated. She noted we could implement a system where Commission approval would be required for all outsourced legal matters. Furthermore, all Code matters could be done in-house with the addition of a paralegal. Commissioner Flury thought these changes may help balance the costs. Attorney Ryan noted there is off-setting revenue from Code. Vice-Mayor Castro suggested bringing the outside legal line item to $120,000, and if there are any problems we can re-visit the issue during Mid-Year adjustments. City Attorney Ansbro concurred with the recommendation made by Vice-Mayor Castro. The Commission generally agreed to move forward with the first proposal made by the City Attorney and the remainder of the proposals to be included in the One Code process. Minutes of Budget Workshop 5 Dania Beach City Commission Tuesday,July 29,2008-8:00 a.m. City Manager Commissioner Flury questioned the thirty percent increase in gasoline in the Code Compliance Unit, considering they have eliminated one Code person and new fuel efficient vehicles have been purchased. City Manager Pato pointed out that we have two fuel efficient vehicles, but several older vehicles are still being used. Colin Donnelly, Assistant City Manager, advised that of the two new cars, only one is being used by Code. He explained that Code swapped a vehicle with Community Development so they could accommodate the big sets of plans better. Assistant City Manager Donnelly clarified the other new car is a take-home vehicle for the Code Compliance Manager. Finance Director Varney noted the costs are based on consumption with fuel at $4.50 per gallon, which is 28 percent higher than last year. It was the consensus of the Commission to reduce the cost of gasoline for the Beach Division by fifty percent. Vice-Mayor Castro recommended transferring the $30,000 reduction offered by CRA Director Earle to the Economic Development account. This amount would assist with the implementation of the Tourism Council and the Chamber of Commerce strategic partnership to promote economic development in the City. It was the consensus of the Commission to raise the Economic Development Fund to $50,000. City Clerk No comments. Community Development Commissioner Flury noted that the Professional Services line item shows we pay $700,000 per year for plan review. She questioned what would happen if we were in a full redevelopment mode. Commissioner Flury further asked about the plan review revenue decreasing by sixty percent. Norris Colvert, Director of Community Development, noted they will try to implement as many efficiencies as possible over the next few months, and his department will find a way to do better business and increase our revenues. LouAnn Cunningham, Planning Associate, clarified for Commissioner Flury that Community Development fees are cost recovery and these funds are used to pay outside consulting fees. Commissioner Bertino arrived at 10:19 a.m. Minutes of Budget Workshop Dania Beach City Commission Tuesday,July 29,2008—8:00 a.m. Ms. Cunningham advised that the sum of$700,000 relates to pending projects such as the EAR, Comprehensive Plan, the LAC consultant services, etc., which will soon be completed. Commissioner Flury questioned the cost of having the positions in-house as opposed to contracting with the County. Commissioner Anton noted that some years ago it was difficult to find a building inspector or a plumbing inspector so we decided to contract these services from the County. However, times have changed and we may be able to hire these positions to do the work in-house and save costs. Vice-Mayor Castro thought we should first evaluate the volume of work for those positions before hiring someone with full benefits. It was the consensus of the Commission for the Director of Community Development to do a cost benefit analysis of in-house positions versus contractual, for all the current contractual services for future years. Finance Vice-Mayor Castro would like to allocate funds to audit the Beach Watch Pier Restaurant. Finance Director Varney advised she plans to use our current external auditors and they would charge for the audit on an hourly basis. She indicated that she would need to write a proposal and this may take some time. Director Varney asked the Commission if they would agree to have the Finance Department do the audit this year and use the funds for next year. It was the consensus of the Commission to add $20,000 to the Professional Services line item, to audit the Beach Watch Restaurant. Fire Department Michael Cassano, Deputy Fire Chief, explained that ADPI, the billing company for rescue ambulance services, and the Dispatch services with the City of Hollywood are some of the highest costs in their department. He noted that if we use the Broward Sheriffs Office Dispatch services, we would lose automatic local aid. Finance Director Varney explained that the Fire Reserve Fund was used for the construction of Fire Station #93. She further advised that in 2010 the Fire Department would need about $800,000 for Capital Projects, such as the purchase of new fire engines, medical transport rescue units, and other expensive equipment. Commissioner Flury questioned if the Fire Reserve Fund could be used to purchase the additional equipment needed for Fire Station#93. Minutes of Budget Workshop 7 Dania Beach City Commission Tuesday,July 29,2008—8:00 a.m. City Manager Palo noted the $3 Fire Assessment fee was designated to build a fund for the construction of Fire Station #93. Deputy Fire Chief Cassano pointed out that their priority list is a bare bones list. He further commented that Fire Station #93 was supposed to be a redundant EOC: however, this is no longer the case. Vice-Mayor Castro suggested developing a list of items required and bringing it back to the Commission for future funding. It was the consensus of the Commission to use the Fire Reserve funds to purchase items for Fire Station #93. The Commission suggested looking at bidding out cleaning services for uniforms in the Fire Department and Public Services. Mayor and Commission No comments. Police-BSO Vice-Mayor Castro asked if there was any way to reduce costs internally, such as reducing staff. BSO Chief Donn Peterson responded it is the will of the Commission. He thought we offered good office hours and good customer service. Chief Peterson pointed out that cuts would be hard-felt and eliminating one CSA would not be a significant reduction because they are the lowest paid positions. He is concerned with sending people all around town for services (City Hall, 803 Sub-Station and Fire Station #93). Chief Peterson advised they recently volunteered to participate in a records scanning program which allows them to process public records requests. He clarified for the Commission that the contract specifies the hours the walk-up windows will be serviced. Commissioner Anton clarified for the record that if a person was the victim of a crime somewhere else and the case is handled in Dania Beach, the crime statistics will not appear in our record, but in the municipality where it occurred. He further noted he did not support cutting any deputy positions because this would affect the safety of our people. Commissioner Flury noted we need to negotiate a better contract with the Broward Sheriff's Office. She pointed out a standard five percent yearly increase was not right. Commissioner Flury thought we had to be creative and find a way to increase efficiency and minimize the expenses in this area. Vice-Mayor Castro noted she did not want to affect our safety by cutting positions, but it would eventually happen. She encouraged more community policing so that the citizens would feel more connected with the police. Vice-Mayor Castro suggested that officers get more involved Minutes of Budget Workshop g Dania Beach City Commission Tuesday,July 29,2008—8:00 a.m. by introducing themselves to the neighbors or attending the Homeowners' Associations meetings. Commissioner Anton would like BSO to monitor cost assessments for accident responses. He also suggested investigating the cost of 12-hour shifts. Commissioner Anton further requested an impact study on the cost of providing assistance to the airport and seaport, services for which we do not get any compensation. He thought these items could be taken into consideration when negotiating new contracts. Commissioner Bertino concurred with Commissioner Anton regarding the services our police and firefighters provide to the airport and seaport, and felt these inadequacies should be rectified. City Manager Palo asked the Commission to comment on red-light cameras. He noted many cities have introduced them and they seem to have a positive traffic calming effect at dangerous intersections. Commissioner Anton noted this was placed on hold at the request of the City Attorney because it has not yet been approved by the State. BSO Chief Peterson noted he is concerned with the liability the City could incur. It was the consensus of the Commission to wait until the matter is legalized by the State. Commissioner Flury noted we did not discuss the EMS rate increase in the Fire Department. She is not concerned with the increase, but asked how we bill those involved. Deputy Fire Chief Cassano noted we bill everyone, including people from out of state. It was the consensus of the Commission to accept the increased EMS rates. Public Services Commissioner Flury questioned why we were not using Perpetual Care Funds to replace the fence at the Cemetery. Finance Director Varney noted we are not charging enough for perpetual care. She explained that the interest earned on the Perpetual Care Fund is transferred to the General Fund. The Commission agreed that the interest earned on the Perpetual Care Fund should remain in the Perpetual Care Fund, not be transferred to the General Fund. Finance Director Varney pointed out that cemetery rates and perpetual care costs could be increased for future sales. She further cautioned the Commission that if we start taking money out of the Perpetual Care Fund to cover incidental expenses, there will be no money left in a few years. Minutes of Budget Workshop 9 Dania Beach City Commission Tuesday,July 29,2008—8:00 a.m. It was the consensus of the Commission to discuss this matter at a future workshop. Lunch Mayor Jones recessed the Workshop at 11:55 a.m. Mayor Jones reconvened the Workshop at 1:03 p.m. Parks & Recreation Kristen Jones, Director of Parks and Recreation, confirmed for Commissioner Flury that the community bus service has kept the same level of service and routes have not been reduced. Commissioner Flury noted she would like to keep the July 41h celebration in the budget, as well as the Martin Luther King, Jr., event, if funds are available. Director Jones noted.that it rained this past 4`h of July and that the donation of$10,000, made by Neptune Fireworks on Dania Beach Boulevard, has been brought forward for an event in January 2009, which will be held in conjunction with the Dania Beach Chamber of Commerce. She clarified for the Commission that Neptune Fireworks is aware that their donation would be used to fund the Taste of Dania Beach event in January 2009. Vice-Mayor Castro would like to add the Dog Park to the list of items to be considered for possible funding. Commissioner Bertino indicated that Tigertail Park needs to be open to the public, and would like funding to keep it open. Director Jones noted Tigertail would be open during structured events only. She pointed out that if the hours of operation are from 9:00 a.m. to 5:00 p.m., we would need supervision and lifeguards. Mayor Jones suggested conducting a study on how much funds would be needed to keep Tigertail Park open to the public. Director Jones noted that she needs $15,000 for ADA compliance at C.W. Thomas Park. It was the consensus of the Commission to take the requested funding from the G.O. Bond. Vice-Mayor Castro questioned the cost of the Dog Dock Diving. She thought $50,000 was too high. Director Jones affirmed the cost was calculated in accordance with Dog Dock Diving standards. She clarified for the Commission that the Dog Park would be approximately $53,000; and the Dog Dock Diving are not included in the budget. She requested these items to be listed for consideration. Minutes of Budget Workshop 10 Dania Beach City Commission Tuesday,July 29,2008—8:00 a.m. Director Jones explained the pool salt water conversion. She commented the City is expending an outrageous amount of money in chlorine and equipment for three pools. Director Jones also noted that this will eliminate the handling of chemicals around the children. The Commission concurred with the salt water conversion proposal. Commissioner Flury noted the revenue for I.T. Parker has decreased substantially. She thought we may have raised the fees too high. If there are no events at the facility, the employees should not be working increased hours. Commissioner Flury asked for the salaries to be adjusted while we try to improve the current situation. Kurt Elv, Chairman of the I.T. Parker Community Center Advisory Board, noted that they now insist that renters of the hall have insurance to protect the City. They also require a liqueur license if they are using alcohol on the premises. He indicated the insurance requirement is a reason for the loss of income. Mr. Ely indicated the Board will review the fee schedule and report back to the Commission. Commissioner Flury noted that we need to have a good relationship with the caterers which would help attract renters. Public Services Vice-Mayor Castro confirmed the following information with Finance Director Varney: • $172,500 will be removed from the 53`d Court Lighting program to fund lighting and sidewalk projects in 2009 • $350,000 will be reduced from the SE Traffic Calming project • $500,000 will be taken from the Neighborhood Improvements program Discussion followed between the Commission and Director Varney regarding the fluctuating cost of gasoline. City Manager Pato thought Director Varney's approach was the correct one. He further noted that we keep track of mileage for our vehicles. Commissioner Bertino questioned if it would be better to work the Public Services crew on a 4- day workweek. City Manager Pato noted the cities that are working 4-day workweeks have not been able to determine if there is a cost saving. Water Fund Commissioner Flury questioned why the old water tank needed to come down. Minutes of Budget Workshop 11 Dania Beach City Commission Tuesday,July 29,2008—8:00 a.m. Director Orlando responded that for safety reasons the tank should come down as soon as possible. He noted that once the project is put out to bid, we will know the cost of the tank removal. Commissioner Flury questioned the consultant fees for the Public Services projects and whether Director Orlando had reviewed the budget for the proposed projects. She noted that all Public Services projects come in under budget, and asked if there was a creative way to show this in the budget. Director Orlando confirmed he reviewed each one of the Capital Improvements projects. He noted that every time there is an opportunity to do something which would result in a savings, he will definitely do it. However, he cannot predict it in advance. Sewer Fund Director Orlando noted sewer monthly rates could go up $39-$50 with the closure of sewer outfalls. Stormwater Fund Commissioner Flury questioned the Contingency Fund shown under this item. Finance Director Varney advised that although we have not increased the fees, the revenues have gone up. She indicated that funds would be used in the 2010 budget. Marina Fund Colin Donnelly, Assistant City Manager, noted our fees are below other municipal marinas. Commissioner Flury commented the new suggested rate of$575 for the stationary dock is high. Assistant City Manager Donnelly was pleased to report that we still have a waiting list. He further explained the proposed improvements to the Marina. It was the consensus of the Commission to implement the new rates. Community Redevelopment Agency Finance Director Varney confirmed with the Commission that $30,000 will be deducted from the CRA budget and transferred to the Economic Development Fund. Human Resources and Risk Management Mayor Jones questioned the training and per diem budget. Minutes of Budget Workshop 12 Dania Beach City Commission Tuesday,July 29,2008—8:00 a.m. Mary McDonald, Director of Human Resources and Risk Management, explained these are programs addressing diversity in the workplace, ADA and EEOC issues, which are designed to make us aware of certain legal requirements. She further noted these programs are intended to educate our leaders and managers to avoid possible litigation. Vice-Mayor Castro asked if these programs would protect the City from future liabilities, otherwise she did not see the advantage of allocating funds for this type of training. Director McDonald advised she will check with the attorneys currently providing these programs and report back to the Commission. Commissioner Anton commented on the increase in personnel cost for employees entering the DROP plan. He would like this issue to be discussed during the upcoming Union negotiations. Commissioner Anton further indicated that we need to find a way to cap salaries without hurting the employees. Director McDonald advised that Dania Beach salaries are competitive, or low, compared to other cities in Broward County. She explained that performance evaluations are 0-5 percent. Once an employee reaches the maximum pay range they do not get an increase in their salary, but we give them a lump sum bonus in recognition of their performance. Director McDonald also stated that a commendable employee may receive a merit increase plus a bonus for outstanding performance, although we have very few people under this category. She noted that other cities have moved to a performance based salary increase, as opposed to step increases. Vice-Mayor Castro noted that under the current plan an employee could receive a five percent merit increase, a COLA, and a possible lump sum bonus, which is too much. She thought we needed to reconsider our merit system. Commissioner Flury noted the City Commission, City Manager and City Attorney are not eligible for COLA, but thought the Department Heads should receive the COLA. City Manager Palo responded that it was his decision to not budget a COLA for the Department Heads. He indicated that he brought the issue of COLA to the Commission on several occasions because we cannot afford to continue to do both, merit increase and COLA. City Manager Palo further noted that the employees' idea of a COLA is that it is an entitlement. He reiterated that he previously stated that he would not receive a COLA. Commissioner Flury remarked we are only talking about $50,000, which we can definitely afford to take care of leadership. She remarked that if the COLA is removed for the Department Heads, it should be removed for everyone in the City. Commissioner Bertino noted COLA only keeps people equal to where they should be if the cost of living rises. Vice-Mayor Castro asked that the Compensation Comparison be recomputed to show where we are with the top of the range. Minutes of Budget Workshop 13 Dania Beach City Commission Tuesday,July 29,2008—8:00 a.m. Commissioner Anton was undecided on whether or not we should cut the COLA. Vice-Mayor Castro is concerned that revenues are not keeping up with COLA and merit increases. She would prefer to keep jobs and pay employees less, because during these difficult times it is hard for people to find a job. Mayor Jones agreed to keep either a merit or COLA. It was the consensus of the Commission to budget COLA for Department Heads, provided all other employees receive one. City Manager Pato noted he wants to schedule a Shade meeting on Wednesday, August 6, prior to the CRA meeting to discuss Union negotiations. Commissioner Flury wanted to discuss the salary line item and GASB 45. She asked the Finance Director to review the revenues on a year-to-date basis. Finance Director Varney noted she will show the spreadsheet to the Commission. Commissioner Flury questioned the GASB 45 funding. She asked whether we could fund less than $1.3M and what difference a$100,000 reduction would make to our debt service. Finance Director Varney reiterated it hurts our bond rating. She commented she tried to split the $1.3M among every fund so it does not directly affect the General Fund. It was the consensus of the Commission to wait and see what the reductions discussed today bring, before reducing the GASB 45 funding by $100,000. Mayor Jones noted he will contact someone who may be able to give him some general information regarding a possible reduction and how it would affect our bond rating and share it with the Commission. Finance Director Varney summarized that the reductions taken today show a savings of $1,013,609. These reductions include: • Keeping the COLA for Department Heads • Reducing the Part-Time salaries for I.T. Parker Center • Adding $20,000 for the Beach Watch Restaurant audit Finance Director Varney also noted that the Projects to be funded are: • $10,000 for the July 41h event • $10,000 for the Martin Luther King, Jr., celebration • $53,000 for the Dog Park • $50,000 for the Dog Dock Diving Minutes of Budget Workshop 14 Dania Beach City Commission Tuesday,July 29, 2008—8:00 a.m. Commissioner Flury suggested that the balance of $56,052.00 be placed in the Contingency Fund to cover any miscalculations or incidental costs. 4. Adiournment Mayor Jones adjourned the Workshop at 3:26 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER Minutes of Budget Workshop 15 Dania Beach City Commission Tuesday,July 29, 2008—8:00 a.m. -�t7 � MINUTES OF SPECIAL MEETING DANIA BEACH CITY COMMISSION TUESDAY, JULY 29, 2008 (IMMEDIATELY FOLLOWING BUDGET WORKSHOP) 1. Call to Order Mayor Jones called the meeting to order at 3:26 p.m. 2. Roll Call Present: Mayor: Albert Jones Vice-Mayor: Anne Castro Commissioners: Bob Anton John Bertino Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 3. Motion to establish certification of the following "not to exceed" rates to Broward County Property Appraiser's Office for Fiscal Year 08/09: a. Millage Rate—Motion to confirm operating rate Vice-Mayor Castro motioned to adopt the "not to exceed" millage rate of 5.0444; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes b. Millage Rate—Motion to confirm debt service rate Vice-Mayor Castro motioned to adopt the "not to exceed" debt service rate of 0.14; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes c. Motion to Adopt Stormwater Rate Commissioner Castro motioned to adopt the Stormwater Rate of $23 per ERU; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 4. RESOLUTION 92008-123 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA. RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE "NOT TO EXCEED" ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE OF SUCH HEARING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2008-123; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes 5. RESOLUTION#2008-124 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE COLLECTION AND DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA BEACH, FLORIDA; ESTABLISHING THE NOT TO EXCEED ASSESSMENT RATE FOR SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE GRIFFIN ROAD ANNEXATION AREA AND THE ANNEXED AREA DESCRIBED IN CHAPTER 2000-474, LAWS OF FLORIDA, OF THE CITY OF DANIA BEACH FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE OF SUCH HEARING;PROVIDING FOR CONFLICTS; FURTHER,PROVIDING AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2008-124; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Bertino Yes Mayor Jones Yes Commissioner Flury Yes Minutes of Special Meeting 2 Dania Beach City Commission Tuesday,July 29, 2008 6. ADJOURNMENT Mayor Jones adjourned the meeting at 3:31 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER Minutes of Special Meeting 3 Dania Beach City Commission Tuesday,July 29, 2008 CITY OF DANIA BEACH _ Agenda Item # /• Agenda Request Item Date of Commission Meeting: 8-12-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Requested Action (lasnntyr appropriate Atxiun or Motion) Approve resolution for renewal of self funded group health plan Why Action is Necessary Existing terms expire 9/3/2008 What Action Accomplishes Renews group health agreement, increases our maximim reimbursement from 2mm to 5mm Purchasing Requests ONLY Dept: Acct#: Amt: $319,211.00 Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explartation/Background See attached Fiscal Impact/Cost Summary 6% increase over Specific reinsurance premium, estimated premium $17,883 7% increase over Aggregate reinsurance premium, estimated premium $26,951 No increase in Avmed administration fees Exhibits Attached Recommendation Letter, Rhodes Insurance Consultants Resolution Renewal Rates Breakdown of Avmed Admn Cost Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authortzed Signatures Submitted by Mary McDonald Date 07/28/08 Department Director Mary McDonald Date 07/28/08 Assistant City Manaoer Date HR Director Mary McDonald Date 07/28/08 Finance Director Patricia Varney Date 07/31/08 City Attorney Thomas J. Ansbro Date 08/01/08 City Manaoer Ivan Pato Date 08/01/08 User Creating Item Item Name (do not use/or\ in name) Mary McDonald LAMED 2008 2009 renewal Clltyl clerk Use Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ RESOLUTION NO. 2008-130 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO RENEW AN AGREEMENT WITH AVMED HEALTH PLANS TO PROVIDE A SELF- FUNDED OPEN ACCESS POINT OF SERVICE ("POS") PLAN TO ELIGIBLE EMPLOYEES, RETIREES OR BOTH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 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 documents pertaining to the renewal of the AvMed Health Plan, a self-funded open access POS plan afforded to eligible employees and retirees; which program shall be inclusive of third party administrative services, network access services, utilization review services, organ transplant services through LifeTrac, and disease management, specific stop loss of$75,000.00 and a life time maximum reimbursement of $4,925,000.00; at a cost not to exceed $50.90 per employee and retiree; reinsurance underwritten by Unimerica Insurance Company to include specific reinsurance, not to exceed $66.90 per eligible employee and retiree per month and $139.50 per eligible employee family and retiree family per month. Aggregate Reinsurance in an amount not to exceed $10.35 per eligible employee and retiree per month, which includes the annual underwriting fee of$2.25 per month per such employees and retirees. 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 October 1, 2008. PASSED AND ADOPTED on 2008. ALBERT C. JONES MAYOR COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-1 30 R a •�• C� '� of 4A',. R' « "� sa � � ea � ,Ld, � � � � � � '" � � � '., � y}.. � 0 T x G G 'O vi N N C M V N iD \O C O r C N 7 M p T tl0: U 3 F4 0 � a � o v S f R W O. � � i 9 �" O v1 •-• i `D .-. D\ b ` � b ._., y � ^ Vi app0 g O v L 7 N > a a O 9 C 0 O U W a w a bh .°. a. :, 04 w' L v 0 o t° O v 1tl O ro ,�. c v � E o a ❑ v '' E w o ro v c `uco ' U U ce a a+ ^ N W W d d W ❑., 0. W oA C oQi N City of Dania Beach Self funded Group Health Plan - AvMed 10/1/08 Renewal Self funded Plan Administration Fees Per Employee Per Month Current AvMed Administrative Fee $46.89 $46.89 COBRA Administration $1.22 $1.22 Lab Capitation $2.79 $2.79 Disease Management included included Total PEPM $50.90 $50.90 Estimated Enrollment 217 217 Estimated Total Monthly $11,045 $11,045 Estimated Annual Fixed Fees $132,544 $132,544 Difference Over Current $0 Percentage Increase 0% Enrollment based on June 2006 AvMed report AvMed - no network access fees when member utilizes AvMed network provider. Claims incurred at non-participating provider located outside service area will be subject to PHCS 16% network access fee. Fee calculated based on estimated savings negotiation between PHCS & its providers. Prepared by The Rhodes Insurance Group 6/23/2008 -M THE RHODES INSURANCE GROUP 1263 East Las Olas Boulevard Suite 205 Fort Lauderdale, Florida 33301 Telephone 954-524-5075 Fax 954-525-1248 July 28, 2008 Ms. Mary McDonald Director, Human Resources & Risk Management City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Re: City of Dania Beach Self-funded Health Plan Administration and Reinsurance Renewals—October 1, 2008 Dear Mary, We have received the renewals from AvMed, the City's administrator for the self-funded health plan, and Combined Insurance Company, the plan's specific and aggregate reinsurance carrier. This is the fourth annual renewal since the plans were implemented as the result of an RFP process conducted in 2004. The services provided by AvMed continue to exceed the City's expectations from the standpoint of lower claim costs, member satisfaction and customer service. AvMed has communicated that there will be no change in the administration fee for the period October 1, 2008 through September 30, 2009. The current annual fee is estimated to be $132,544 based on current plan enrollment of 217. Combined Insurance Company has communicated a 6.01% increase in the specific reinsurance premiums effective October 1, 2008. This amounts to approximately $16,581 per year in additional premium. This is based on a specific stop loss level of $75,000 per member per year. The current reinsurance contract covers any amounts above the stop-loss up to the plan lifetime maximum of$1,925,000. Combined also quoted a lifetime maximum of$4,925,000. The premium for this added protection amounts to an additional $1,302 per year. In light of the minimal cost of the added protection we recommend City accept the proposal for the expanded lifetime protection. Mary McDonald Administration and Reinsurance Renewals—October 1, 2008 Page 2 The premium for the aggregate coverage is being increased by$1,823. The aggregate attachment level is being increased from approximately $1,775,251 to $1,935,293. This increase of$160,042 in the risk exposure to the City is based on the medical trend factors and the current claims experience in the past six months. The overall cost increase of the reinsurance premium for the specific and aggregate insurance coverage is $19,706 with the improved lifetime maximum and $18,404 without the added protection. AvMed requested proposals from five other reinsurance companies that have approved contracts with AvMed. None of these companies offered competitive proposals. The reinsurance coverage is pooled with other reinsurance plans underwritten by Combined and not experience rated. The current medical trend factors projected for the coming year are estimated to be 11-12% based on surveys performed by three large national consulting actuary firms. The Rhodes Insurance Group recommends that the City of Dania Beach accept the AvMed and Combined Reinsurance renewals effective October 1, 2008 through September 30, 2009. Please let me know if you have any questions regarding this information or recommendation. Sincerely, QWQ➢me"and a TIFF(l2 deoompreswr are ded to ue mb enure. Lloyd F. Rhodes cc: Patricia Varney Alison Poole, Wakely& Associates, Plan Actuary f Air CITY OF DANIA BEACH Agenda Item # 7. 3 Agenda Request Item Date of Commission Meeting: 8-12-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Requested Action (Identify appropdate Action or Motion) Approve resolution Why Action is Necessary Services expire 9/30/2008, adding the option of a Dental PPO What Action Accomplishes Renews TPA services for self funded disability and dental benefits, adds a discounted Dental network option Purchasing Requests 0.NLY Dept: Acct#: Amt: $12,300.00 Fund: General: ❑X Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary FXplainstiorr/Baekground The City's self insured dental costs have remained manageable because claims are paid using a 1997 URC model (meaning "allowable" charges are based or 1997 standards). While this keeps self insured costs down it hits employees pretty hard in the wallet. We could ease the burden on employees by raising the URC platform, but that would increase City claim costs. The win/win alternative being proposed is similar in concept to what we did with health care costs and Avmed... We can provide a dental network comprised of dentists who agree to a discounted rate for service (30-40% off of retail fees), this would reduce employee out of pocket costs as well as City claims costs. Utlilization reports show that 30% of claims paid this past year were paid to providers who do participate in the network. Based on the expected utlization, it's reasonable to assume the savings we will realize in claims discounts would offset the network use fee. Employess who use non participating dentists may continue to doso, with no change. Fiscal Impact/Cost Summary Break down of costs 3.50 per employee/retiree per month: Maxon fees for administration of disability/vision/dental .65 per employee/retiree per month: DHA network access fee ,35 per employee/retiree per month: Maxon network repricing processing fee Estimate 217 employee/retiree census Exhibits'Attached Resolution Maxon Agreement letter Rhodes Recommendaton letter Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signahtres Submitted by Mary McDonald Date 07/28/08 Department Director Mary McDonald Date 07/28108 Assistant City Manager Date HR Director Mary McDonald Date 07/28108 Finance Director Patricia Varney Date 07/31/08 City Attorney Thomas J. Ansbro Date 08/01/08 City Manager Ivan Pato Date 08/01/08 User Creating Item Item Name (do not use/or\ in name) Mary McDonald MAXON TPA RENEWAL 2008 2009 City Clerk Use Commission Action: Approved: 71 Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-131 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO RENEW AN AGREEMENT WITH THE MAXON COMPANIES TO PROVIDE CLAIMS ADMINISTRATION FOR A SELF-FUNDED DENTAL, VISION AND DISABILITY PLAN TO ELIGIBLE EMPLOYEES AND RETIREES, AND TO INCLUDE IN THIS AGREEMENT ACCESS TO A DENTAL PREFERRED PROVIDER ORGANIZATION NETWORK, IN AN AMOUNT NOT TO EXCEED $12,300.00 FOR FISCAL YEAR 2008-09; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 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 the documents pertaining to the renewal of an agreement with the Maxon Companies to provide third party claims administration services for a self-funded Dental/Vision and disability plan to eligible employees, retirees or both at a cost not to exceed $3.50 per employee/retiree per month. Section 2. That the proper City officials authorize the Maxon Companies to administer a Preferred Provider Organization option for the dental plan, and the cost of such administration will be broken down as follows: Access to the DHA network at a cost not to exceed S0.65 per employee/retiree per month and Maxon re-pricing administration fee not to exceed $0.35 per employee/retiree per month. Section 3. That such participation will require a one-time replacement of existing employee and retiree identification cards at a cost not to exceed $500.00. 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 on October 1, 2008. PASSED AND ADOPTED on 2008. ALBERT C. JONES MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-131 THE RHODES INSURANCE GROUP 1263 East Las Olas Boulevard Suite 205 July 28, 2008 Fort Lauderdale, Florida 33301 Telephone 954-524-5075 Fax 954-525-1248 Ms. Mary McDonald Director, Human Resources City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL 33004 Re: City of Dania Beach Self-Funded Dental Plan —October 1, 2008 Dear Mary, We have completed our analysis of the City of Dania Beach's self-funded dental plan experience and utilization. As you are aware, the key issue of this plan has been balance billing. In our analysis of the 1,674 claims paid in the 2006/2007 fiscal year, 704 (42%) were reduced prior to the application of the dental plan benefit causing a balance billing situation above the prescribed plan benefits. This situation is a great source of frustration among employees. In discussing the issue with the City's third party administrator, we have discovered that the schedule used to determine the usual, customary and reasonable charges for the dental plan are based on a 1997 relative value schedule. Updating this schedule would increase the amount of dental claims currently paid by the City. While it is difficult to predict the actual impact,we do know that the billing reductions in 2006/2007 amounted to $32,944. An alternative to updating the schedule would be to add a network of dental providers who would accept a discounted fee for service and agree not to balance bill. Maxon Administrators have a national dental provider network for which they would re-price claims. This dental network is Dental Health Alliance. They have negotiated fees with dentists that provide a 30%to 40% discount off retail fees. The fee to access the DHA network of dental providers is $0.65 per employee per month and Maxon's third party administration fee would be $0.35 per employee per month. ID cards would need to reflect the DHA network participants and that cost is estimated to be no more than $500 in the first year. The total estimated annual fixed cost to implement this change is $3,000. We feel the discounted claims would be sufficient to cover this cost assuming adequate utilization of the PPO dental network. Specializing In Employee Benefits GreetingLine» Self-Funded Dental Plan—October 1, 2008 Page 2 DHA adheres to quality standards encompassing a broad range of care and service issues that are the cornerstone of DHA's Quality Assurance Program. The program addresses areas of credentialing, utilization review,professional standards, the monitoring and resolution of member complaints and appeals, and the assessment of the satisfaction of providers and eligible members through surveys and evaluations. The implementation of the DHA network would allow members to choose a network dentist who agrees to accept the negotiated fee for service based on the current plan of benefits. Members can still use non-network dentists and receive the same benefit levels that are currently in place. There would be no change in the plan benefits. In reviewing the DHA network, one-third of dentists current being utilized under the existing dental plan are in the DHA network. Additionally, there are nine participating dentists in Dania Beach. The Rhodes Insurance Group recommends that the City of Dania Beach select the DHA participating network with Maxon as the third party administrator effective 10/1/08 through 9/30/09. Please call me with any questions you may have regarding this recommendation. Sincerely, QuickTime- and a decompressor are needed to see this picture. Lloyd F. Rhodes MAXON PAGE aye THE MAXON COp4pA &S Ner+kh Plan,idminttrratton,ctact lPJS .luly 10.20DR Mr. ;Lloyd Rhoda The Rhoakatuauraucn Grofir 1263 F4% Las Olas Boulcva d.Suite 205 Yor,Lauderdale,FL'33301 Pt:City of pia Beach Drhr Lloyd; This will oou 1W that Maxon is wilting to renew i4 aclmfniattati A4 ctio Hy m I,2008 for a fee afS3.S0 per"�Ployadforuter Additionaii '`t b°T"k�far the City Y,Maxon is Proposing to minister a PTrnwo for the oyee Der momh. the PPO,DHA, is 5.65 a an. Ttse tip icing to the PPO fee xltatule 35D�e` arottrlt. Mtpcon' fee fm Ad,lltiwte! DloytelRarmer s t�ftw needed is t gta include a ftc of 8t.U0 Pei tU card. In per mouth. rcapc+nsibility of[6-..City. Prmung ofcheck sock when tf you have any g4"ann3 please do not basitate to contact ma, Sin;erely. O4"id 3.Rubenaah) pmokot Dli�mt Plan tra...•--- � io c� !' .,w0i " 3a1 .rill CITY OF DANIA BEACH Agenda Item # Agenda Request Item Date of Commission Meeting: 5-12-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: Requested Action (Idenfity appropriate Action or Motion) The purpose of this resolution is to approve City of Hollywood Interlocal Agreement for Emergency Water Interconnect Why Action is Necessary Allow City Manager to sign Agreement What Action Accomplishes Allows City to purchase water in the event of an emergency. Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background See Memo Fiscal Impact/Cost Summary None Exhibits Attached Resolution Memo Agreement Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 at Doc Authorized Signatures Submitted by Kathryn Florentine Date 07/30/08 Deoartmenl Director Dominic Orlando Date 08/01/08 Assistant City Manager Date HR Director Date Finance Director Date City Attomev Thomas J. Ansbro Date 08/04/08 City Manager Ivan Pato Date 08/04108 User Creating Item Item Name (do not use/or\ in name) Kathryn Florentine Agenda Request - Hllwd Agreement City.Clark Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-132 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE CITY OF HOLLYWOOD FOR THE PURCHASE OF WATER SERVICE ON AN EMERGENCY BASIS FROM THE CITY OF HOLLYWOOD VIA AN INTERCONNECT SYSTEM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 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 an agreement for emergency water purchase via an interconnect agreement; a copy of the agreement is attached and marked as Exhibit "A". 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 2008. ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY INTERLOCAL AGREEMENT FOR EMERGENCY WATER INTERCONNECT This Agreement is made and entered into this day of 20 between the City of Hollywood, Florida (hereinafter referred to as "Hollywood") and the City of Dania Beach Beach, Florida(hereinafter referred to as "Dania Beach") to wit: WHEREAS Hollywood ywood desires to provide Dania Beach with then potable water needs for their water supply system during emergency periods of reduced availability of their normal sources; and WHEREAS, Hollywood and Dania Beach, as neighboring local governments, agree to enter into an agreement outlining the terms upon which Hollywood will furnish water to Dania Beach in times of emergency reduced availability of normal supplies; and WHEREAS, it is deemed in the best interest of Dania Beach for Hollywood to make this provision for augmenting Dania Beach's water supplies if such a need should arise; NOW, THEREFORE, in consideration of the promises contained herein and other good and valuable consideration, it is agreed: 1. Subject to the terms of this Agreement, Hollywood agrees to supply to Dania Beach such potable water as is available within the Hollywood water system that is over and above the needs and demands of Hollywood and the customers of its water service area. 2. Water supplied under this Agreement shall be delivered to, and received from interconnecting facilities, hereinafter referred to as "The Interconnect", as shown in Exhibit 1 to this Agreement. 3. Water provided by Hollywood to Dania Beach under the provisions of this Agreement shall be only that water needed to provide temporary assistance in the event of an emergency need for water beyond that available in its own system. Water shall be provided subject to the following conditions: a) Dania Beach shall immediately notify Hollywood of its need to receive water on an emergency basis. Hollywood shall designate a member of its permanent staff who shall receive all requests from Dania Beach, and who shall have the authority to approve or disapprove requests. b) Hollywood shall have a representative available at The Interconnect during the day of the event in order to open the operating valve to allow for the flow transfer. City of Dania Beach representative shall be allowed to operate the valve if Hollywood representative is not available. Once the flow transfer has been 1 completed, Hollywood will be responsible for the closing of the operating valve. City of Dania Beach representative shall be allowed to operate and close the valve if Hollywood representative is not available. c) At its sole option, Hollywood may establish, and enforce by unilateral control of valves under its control, limits as to: times of the day and/or days of the week during which delivery will or will not be made; the rates of flow at which delivery will be made; the pressure at which delivery will be made; and/or the total volume of water to be delivered over one or more designated periods. Hollywood shall not be responsible for any adverse effects that its adjustments in valve settings, flows and/or pressures might produce in the water system and/or customer's property of any other parties receiving water through Dania Beach's water system d) Dania Beach agrees to exercise prompt and diligent effort to eliminate its need to obtain augmenting supplies. 4. It is mutually agreed that whenever water is supplied under the terms of this Agreement, Dania Beach shall pay Hollywood for all water received, in accordance with the following: a) Payment shall be on a per thousand gallons basis, as measured by the meter at The Interconnect. The meter shall be read at the end of each month by Hollywood regardless of any water being supplied to Dania Beach for the preceding month. b) Hollywood, at its own expense, will provide annual checks of the accuracy of the meters used to supply water to Dania Beach. If Dania Beach should believe that a bill for water received might have been based upon readings from an inaccurate meter, it may request that Hollywood provide an additional check of meter accuracy. Should that additional check reveal accuracy within the limits of the manufacturer's recommended accuracy, then the cost of obtaining the check shall be home entirely by Dania Beach. c) If either an annual check or an additional check of accuracy reveals an error beyond the limit of the manufacturers recommended accuracy, it shall be assumed that the inaccuracy was in existence for the later one-half of the period of time from the last check that indicated acceptable accuracy. Any billings that occurred during that period shall be adjusted to reflect the quantity of overread or underread exceeding the appropriate limit of accuracy, at the rate per thousand gallons that was in effect at the time delivery occurred. d) Hollywood and Dania Beach agree that the rates, fees and charges to be billed by Hollywood shall be the same retail rates in effect at the time of the billing and shall be the same rates as are charged to Hollywood's retail customers. It is understood that the rates, fees and charges may from time to time be amended and 2 adopted by Hollywood's Commission at a Public Hearing. Whenever Hollywood shall make adjustments in the per thousand gallon commodity rates it charges to its retail customers, said adjustments shall apply equally to the rates established by this Agreement . 5. This Agreement shall remain in full force and effect until terminated upon sixty (60) days written notice by either city to the other at its sole discretion, after a determination that it is in its best interest to terminate. 6. It is understood and agreed by and between the two parties that if any condition or provision contained in this Agreement is held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other condition or provision herein contained, however, that the invalidity of any such condition or provision does not materially prejudice either party in its respective rights and obligations contained in the remaining valid conditions or provision of this Agreement. 7. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. IN WITNESS OF THE FOREGOING, the parties hereto have made and executed this Agreement on the respective dates under each signatures: The CITY OF HOLLYWOOD through its CITY COMMISSION, signing by and through its Mayor, authorized to execute same by Commission action on the day of 20 ; and The CITY OF DANIA BEACH BEACH, through its CITY COMMISSION, signing by and through its City Manager, authorized to execute same by Commission action on the day of 120 CITY OF HOLLYWOOD ATTEST: By: Peter Bober, Mayor Patricia A. Cerny, MMC Date: City Clerk Approved as to form and legality for the use and reliance of the City of Hollywood, Florida only. Jeffrey P. Sheffel, City Attorney 3 CITY OF DANIA BEACH ATTEST: By: Albert C. Jones, Mayor Louise Stilson, CMC Date: City Clerk Approved as to form and legality. Thomas J. Ansbro, City Attorney Ivan Pato, City Manager 4 AmEft JRRT i City of Dania Beach Department of Public Services 100 West Dania Beach Blvd Dania Beach, FL 33004 (954)924-3741 (954)-923-1109(fax) MEMORANDUM To: Mayor Albert Jones Vice Mayor Anne Castro Commissioner Bob Anton Commissioner John Bertino Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services BY: Leo Williams, Public Works Superintendent Date: July 30, 2008 RE: City of Hollywood Interlocal Agreement for Emergency Water Interconnects Introduction and Background The City of Dania Beach has two water main interconnects with the City of Hollywood. One is located at SW 3rd Avenue and Sheridan Street. The second is location south of the Water Plant between Bethune Elementary and Attucks Middle School. Both are 6-inch in diameter. Future plans are to increase the second interconnect from 6-inch to 12-inch and to add a third, 12-inch interconnect on Sheridan Street east of SE 5th Avenue. The City of Hollywood was informed that the City of Dania Beach would like to continue the existing agreement. The existing interconnect agreement expired in June of 2008. The City of Hollywood due to unknown requirements by the SFWMD could not finalize a new agreement with the City of Dania Beach, but agreed to extend the existing agreement. Staff recommends approval of the Interlocal Agreement for emergency water interconnects with the City of Hollywood. Recommendation It is recommended that the City Commission approve the resolution for the City of Hollywood Interlocal Agreement for Emergency water interconnects and authorize the City Manager to execute the documents. 7 60- RESOLUTION NO. 2008-134 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE NATIONAL LEAGUE OF CITIES' 2008 LEGISLATIVE PRIORITIES; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, "hometown America" is where 7 out of 10 Americans live, work and play in their rural, urban and suburban communities; and WHEREAS, cities and towns are the heart of America's economy, generating more than 90% of the nation's economic output; and WHEREAS, due to increased demands and tight budgets, cities and towns have become the great innovators of the century in terms of providing more services, with the greatest efficiency, at the lowest cost; and WHEREAS, local governments provide services "24/7": collecting trash, maintaining the streets and sidewalks, protecting against crime, installing streetlights, and much, much more; and WHEREAS, local governments are generally represented by the National League of Cities, which is the nation's oldest and largest organization devoted to strengthening and promoting cities as centers of opportunity, leadership and government, as well as advocating the cause of 19,000 United States cities, towns and villages, which collectively serve over 218,000,000 people; and WHEREAS, the City Commission supports the same goals as addressed by the National League of Cities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing Whereas clauses are ratified and confirmed as being true and correct and they are made a specific part of this Resolution. Section 2. That the City Commission of the City of Dania Beach, Broward County, Florida expresses its support for the National League of Cities' 2008 Legislative Agenda, including: • Supporting local energy efficiency and conservation efforts by providing at least $2B for the Energy Efficiency and Conservation Block Grant Program in the Fiscal Year 2009 budget; • Strengthening and stabilizing the housing market by supporting legislation which protects homebuyers from predatory lending practices and ensures that mortgage loans are suited to the financial means of the homebuyer and by supporting legislation which ensures the availability of capital for the mortgage financing and refinancing and encourages lenders and loan servicers to work out unsound loans as an alternative to foreclosure; • Supporting safe communities by restoring and protecting funding for proven public safety programs, including the Community Oriented Policy Services Program, Byrne Justice Assistance Grants, and other state and local enforcement assistance programs, that are essential resources for fighting crime; • Partnering to protect the nation's transportation infrastructure by funding federal transportation infrastructure programs that support bridges, roads, highways and Amtrak at the authorized levels, and recognizing the central role of transportation to metropolitan economies and including the local government perspective in upcoming transportation reauthorization debates; and • Reforming the country's immigration system by enacting legislation which addresses and includes: border security and interior enforcement; workplace enforcement; guest worker provisions; legalization of undocumented workers currently in the United States; a path to citizenship for immigrants now in the United States, and by providing resources to alleviate the local impact of serving new immigrants. Section 3. That the City Clerk is authorized and instructed to provide true copies of this Resolution to each of the several cities, towns and villages of Broward County, the Broward League of Cities, the Florida League of Cities, the National League of Cities, Elaine J. Schwartz, President of the Florida House of Representatives, Tom Lee, President of the Florida Senate and Charlie Crist, Governor of the State of Florida. 2 RESOLUTION#2008-134 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 2008. ALBERT C. JONES MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION#2008-134 7 ,� RESOLUTION NO. 2008-135 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA SUPPORTING THE EFFORTS OF GOVERNOR CHARLIE CRIST AND THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO ACQUIRE LAND SOUTH OF LAKE OKEECHOBEE FOR THE PROTECTION AND RESTORATION OF AMERICA'S EVERGLADES AND FLORIDA'S COASTAL ESTUARIES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS America's Everglades g ades and the South Florida ecosystem are unique expanses of habitats, the environmental health of which is critical to the economy and quality of life of South Florida; and WHEREAS, on June 24, 2008, Governor Charlie Crist unveiled a momentous strategy to bring about the largest environmental land acquisition in Florida's history and restore America's Everglades in a way never before anticipated; and WHEREAS, the Governor announced that the South Florida Water Management District will begin negotiating an agreement with United States Sugar Corporation to purchase nearly 300 square miles of land spanning four counties in South Florida; and WHEREAS, the acquisition of as much as 187,000 acres of land south of Lake Okeechobee would provide the "missing link" needed to better protect the St. Lucie and Caloosahatchee rivers and estuaries, and revive, restore and preserve one of America's greatest natural treasures, the Everglades; and WHEREAS, the South Florida Water Management District and United States Sugar Corporation signed a "Statement of Principles" that provides the framework for the potential acquisition of property and assets; and WHEREAS, through successful negotiations and strategic land swaps, vast tracts would be used to reestablish a part of the historic connection between Lake Okeechobee and the Everglades through a managed system of storage and treatment; and WHEREAS, dedicating significantly more land in the Everglades Agricultural Area to restoration will build upon and enhance the 30-year state-federal Comprehensive Everglades Restoration Plan, offering the opportunity and flexibility to store and clean water on a scale never before contemplated; and WHEREAS, benefits from the land acquisition include huge increases in the availability of water storage, significantly reducing the potential for harmful discharges from Lake Okeechobee to Florida's coastal rivers and estuaries; and WHEREAS, the acquisition will prevent thousands of tons of phosphorus from entering the Everglades every year and eliminate the need for "back-pumping" water into Lake Okeechobee; and WHEREAS, the acquisition also provides the potential opportunity to sustain remaining agriculture in the region by eliminating environmental concerns, enhancing the availability of water supply, and fostering green energy production; and WHEREAS, the Governor has identified the State of Florida's Rural Economic Development Initiative as a resource for working with United States Sugar Corporation, local governments, area businesses, state agencies and the South Florida Water Management District on an economic transition plan for the area; and WHEREAS, saving the Everglades and protecting Florida's coastal estuaries is an environmental priority for the City of Dania Beach, Florida; and 2 RESOLUTION#2008-135 WHEREAS, the South Florida Water Management District's initiative to purchase 187,000 acres of land in the Everglades Agricultural Area is a watershed event for restoring a beloved national treasure, the Everglades; NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City of Dania Beach, Florida supports the efforts of Governor Charlie Crist and the South Florida Water Management District to acquire land south of Lake Okeechobee for the protection and restoration of America's Everglades and Florida's coastal estuaries. Section 2. That the City Clerk is directed to furnish certified copies of this Resolution to the Governor of the state of Florida, South Florida Water Management District, the Broward County League of Cities and the Florida League of Cities. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are 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 12008. ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION#2008-135 CITY OF DANIA BEACH Agenda Item # /. 7 Agenda Request Item Date of Commission Meeting: 8-12-2008 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid 1RFP ❑ Presentation ❑X Continued from: Requested Action (Idenfity appropriate Aaiun or Motion) The City Commission to adjust the hourly rate for the special magistrates. 1 4 Action is'Necessary The rate adjustment requires City Commission approval. What Actpors Accomplishes Allows payment adjustment for special majistrates. Furctlasin$r Requests ONLY Dept: 1203 Code Compliance Division Acct#: 001-1203-529.31-10 Amt: $900.00 Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ $urrirnary.Expi9 ationtBacKgro rnd Administration changed the meeting time for the Code Compliance Hearings from 7:00 PM to 3:00 PM in order to decrease overtime paid to Code Compliance Officers and administrative assistants. As a result of the change in time, the magistrates requested the increase to be consistent with the hourly rates paid for afternoon hearings by other cities to their magistrates. The proposed rate is in line with other municipal governments which use magistrates at daytime hearings. Fiscal ImpacMCast Surnmary Approxiate cost is $100 per hearing with savings of$400 per hearing in overtime and comp time combined. Exhibits Attached Exhibit 1 - Resolution Exhibit 2 - Memorandum from Nick Lupo Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Colin Donnelly Date 08/05/08 Department Director Date Assistant City Manager Colin Donnelly Date 08/05/08 HR Director Date Finance Director Patricia Varney Date 08/05/08 City Attorney Thomas J. Ansbro Date 08/05/08 City Manager Ivan Pato Date 08/05/08 User Creating Item Item Name (do not use/or\ in name) Colin Donnelly special magistrate City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-133 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING GORDON LINN, MARK BERMAN AND MITCH KRAFT TO ACT AS CODE ENFORCEMENT SPECIAL MAGISTRATES FOR MUNICIPAL CODE ENFORCEMENT PROCEEDINGS AND ADJUSTING THE COMPENSATION FOR THEIR SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 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 re-appoints Gordon Linn, Mark Berman and Mitch Kraft to continue to act as Code Enforcement Special Magistrates for municipal code enforcement proceedings. A copy of the terms and conditions of the appointments, including an adjustment to the compensation for their services is attached and incorporated by this reference. The appointees shall serve at the pleasure of the City Commission. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are be 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 and shall be retroactive to April 1, 2008. PASSED and ADOPTED on 2008 ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY From the Office of the City Attorney August 5, 2008 Re: Special Magistrate Retainer Agreement Dear This Retainer Agreement shall confirm that you continue to agree to act as a Code Enforcement Special Magistrate for the City of Dania Beach ("City") under the following terms and conditions; 1. Pursuant to the authority provided in City Resolution No. 2008-133, adopted on August 12, 2008, this will serve as your re-appointment as a Special Magistrate for Code Enforcement commencing retroactively as of April 1, 2008. You will serve at the pleasure of the City Commission. 2. It is agreed that you will be compensated for your services on an hourly basis at the rate of$125.00 per hour, excluding travel time to and from Special Magistrate hearings and meetings. 3. It is agreed that you may bill for actual reasonable out-of-pocket expenses in connection with your Special Magistrate duties, including but not limited to, such ordinary expenses as postage, telephone calls (a copy of the telephone bill must be submitted with the request), photocopy charges ($0.15 per page) and courier charges. 4. As a Code Enforcement Special Magistrate, you will be responsible for preparation for and attendance at scheduled Special Magistrate Hearings, review of the final order(s) and such other duties as the City may assign. Additionally, you will adhere to Chapter 162, Florida Statutes, Chapter 2 of the City Code of Ordinances and the City's Zoning and Land Development Codes as they relate to Code Enforcement matters, the Florida Rules of Civil Procedure, rules of evidence and all other City ordinances relevant to code enforcement. 5. It is agreed that you will submit a detailed invoice to the City Code Enforcement Department, Attention: Nick Lupo, Code Compliance Manager within fifteen (15) days of after the end of the preceding month. Invoices shall include: the date of each hearing over which you presided, the total number of hours worked (rounded to the nearest tenth), and a brief summary of the work performed. Any reimbursement for out-of-pocket expenses outlined above requires the submission of invoices, bills, receipts, etc. 2 RESOLUTION#2008-133 6. Each invoice will be reviewed and submitted to the Finance office for processing. In the event that there is a question or dispute as to a certain invoice, either the Code Enforcement Office or the City Attorney's office will contact you to resolve the matter. 7. This Agreement may be cancelled by the City upon five (5) days' prior written notice with or without cause. Upon such termination, you shall be entitled only to such fees and costs earned as of the date of termination. In the event you deem it necessary to cancel this agreement, you shall give thirty(30) days' prior written notice to the City Attorney's office. S. In connection with the Special Magistrate duties, it is understood and agreed that you shall not represent clients in lawsuits, quasi-judicial proceedings, or administrative matters involving the City, nor shall you represent any client in a property-related matter with a reasonable potential of becoming a respondent before the Code Enforcement Board, a Special Magistrate or both. Further, you shall not receive a referral fee for referring a current or future potential client to another attorney, if such client is pursuing or intends to pursue any claim against the City in a court of law, any arbitration hearing, or before a state or local government administrative board. 9. The City will indemnify and defend you in your capacity as a Special Magistrate for Municipal Code Enforcement proceedings, from any cause of action that may arise from the performance of your duties as Special Magistrate on behalf of the City, within the scope and course of your employment. Please sign in the space provided below and send the original to my office. Very truly yours, Thomas J. Ansbro, City Attorney City of Dania Beach Agreed and accepted by: Date: Esq. 3 RESOLUTION#2008-133 INTEROFFICE MEMORANDUM CITY OF DANIA BEACH CODE COMPLIANCE UNIT TO: Dania Beach City Commission THRU: Colin Donnelly, Assistant City Manager FROM: Nicholas Lupo, Code Compliance Manager RE: Special Magistrate Hourly Rate Adjustment DATE: 3/17/2008 In response to the changes made to the Special Magistrate proceedings, from the 1st Monday each month beginning at 6 pm to the 1st Thursday each month beginning at 3 pm, the Special Magistrates requested an adjustment in their hourly rate from the current $100.00 per hour to $125.00 per hour. The meeting change began last April. This adjusted rate is in line with other similar sized cities that hold hearings that begin during the working day, such as Hallandale and Wilton Manors. By changing the hearings to the day time, overtime savings for all inspectors is approximately $500.00 for 4 hours with all 5 inspectors present. This increase in fee will only cost the city an approximate additional $100.00 per hearing, and will still save the city on average $400.00 per hearing by being held during the daytime. I am requesting approval for this increase in their hourly fees, retroactive to April 1, so that we can be in line with what other cities pay their Special Magistrates and so we can retain them in our system. Thank you for your consideration. i - CITY OF DANIA BEACH Agenda Item # p Agenda Request Item Date of Commission Meeting: B-12-2008 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑X Presentation ❑ Continued from: RequestedAcflon' (IdenfltyaOmprlateAdlo+oil Motion) Allow City to negotiate Design-Build Contract for the SW Community Center with Walker Design &Construction / Kenneth R. Carlson, Architects, P.A. Why ACtiort!$Necessary To Start work on SW Community Center What Action Accomplishes Allows City to move forward with SW Community Center. Please see the staff recommendation in the attached memorandum. Purchasing 1; egtiests0NLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary ExplanaHonlBacliground See Memo Fiscal,,lmpaptfCost Summary Exhibits Attached Memo Committee Member Ranking (Total of 4) Final Ranking -xExhhibit 1 cExhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by Kathryn Florentine Date 08/06/08 Deoartmenl Director Dominic Orlando Date 08/06/08 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 08/07/08 City Attorney Thomas J. Ansbro Date 08/07/08 City Manager Ivan Pato Date 08/07/08 User Creating Item Item Name (do not use/or\ in name) Kathryn Florentine sW Community Center # /t.`Ietk(Jss Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ M City of Dania Beach .... Department of Public Services _........ ........ r. w.. _............._.....___....... 100 West Dania Beach Blvd• Dania Beach,FL 33004 (954)924-3741 (954)-923-1109(fax) TO: Mayor Albert Jones Vice Mayor Anne Castro Commissioner Bob Anton Commissioner John Bertino Commissioner Patricia Flury FROM: Ivan Pato, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services Date: August 6, 2008 RE: Approval to allow City to negotiate Design-Build Contract for the SW Community Center with Walker Design & Construction / Kenneth R. Carlson, Architects, P.A. Introduction and Background On May 30, 2008 the City received responses to a Request for Qualifications (RFQ'S) for SW Community Center. A total of seventeen (17) packages were received, two (2) were rejected. The scope of services for this project will include Design and Construction of the SW Community Center, in addition to site work and utilities. RFQ was prepared by Camp, Dresser & McKee. The top three responses to the RFQ and their scores are as follows: Score Walker Design & Construction / Kenneth R. Carlson, Architects, P.A. - 341.5 Kaufman Lynn, Inc. / Harvard Jolly Architect- 334.0 Di Pompeo Construction Corp. - 325.5 The City's RFQ selection team recommends that the City begin the cost negotiation process with the top rated firm, Walker Design &Construction/ Kenneth R. Carlson, Architects, P.A. Recommendation It is recommended that the City Commission adopt a motion to allow the City to negotiate a contract for this project with the top rated firm, Walker Design & Construction/Kenneth R. Carlson, Architects, P.A. and if unsuccessful, begin the process with the second ranked firm. 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O 65Z suuod przpuws'aaua,aya,y U [~ o s,aual`aouemsm yo suogew3�ya O O O O O O O O � O O N O � O Q — as aml ssawsnq pm leumssayw .�. 'sauwsa,'suogeaygen .-7 Q 7 W h 'g,om ayl8muuoyad u�wn aglyo]sa,alm ayl salnlwS eP�,old 61?190 uopaa npun to salnle]S ePuuld`£Z.0 IL uouaag,apun,o swW¢lS ep�m � h h h vl � � u1 h r � u1 v� u1 r `611 68V uogoaS,apun-pay)ua w+3 pPn9 pue u8lea4 a sl uui O O F C DD o U .4 d U G Q ^ U O C U 8u� E"' w .U-1-1 o UQ � .ES c e � .� m o o OU = i PW., U a J �°, O U o m �°�' aUi v.� 4-". U > z E Q en v, aci a`a CC v ° n m e i0 u: n c U t Y y 4 A La F^ �i U G C4 Y c v 3Oia c� o .Ag 3 m z 3 = a° ° S o U m v, U z .• N M V u`, CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Colin Donnelly, Assistant City Manager Patty Varney, Finance Director Nicki Satterfield, Assistant Finance Director Kristen Jones, Parks and Recreation Director Sven Jutz, President, Beach Watch, Inc. FROM: Thomas J. Ansbro, City Attorney DATE: July 14, 2008 RE: Proposed Amendment to Pier Restaurant Lease (Lease Between City and Beach Watch, Inc.) Attached is a proposed Lease amendment which will revise the definition of the term "Lease Year". This will serve as the basis for the annual percentage rental calculations (i.e., the tenant is to pay eight (8) percent of the gross revenue derived from the premises or the "Base Rent" of $96,000.00 per year, whichever is greater). The Amendment will reflect actual conditions, since restaurant operations did not actually begin until the restaurant opened in January, 2007. The Finance Department agrees that the Amendment is in both parties' best interest. Adoption of an Ordinance authorizing execution of the Lease Amendment is recommended. TJA:slw Attachment ORDINANCE NO. 2008-019 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND BEACH WATCH, INC., TO AMEND THE DEFINITION OF THE TERM "LEASE YEAR", WHICH AFFECTS THE CALCULATION OF RENTAL DUE TO BE PAID BY THE TENANT; 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 proper City officials are authorized to execute an Amendment to the Lease Agreement existing between the City of Dania Beach and Beach Watch, Inc., a copy of which Amendment is attached, marked as Exhibit "A" and incorporated into this Ordinance by this reference. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to such Amendment as are deemed necessary and proper for the best interests of the City. Section 3. That all ordinances or parts of ordinances in conflict with this Ordinance are repealed to the extent of such conflict. Section 4. That this Ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED on first reading on July 22, 2008. PASSED AND ADOPTED on second reading on 2008. ALBERT C. JONES MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2008-019 AMENDMENT TO LEASE AGREEMENT THIS IS AN AMENDMENT, dated , 2008 (the "Amendment') to the Lease Agreement dated June 20, 2003 (the "Agreement') existing between Sven H. JUTZ, the tenant (who assigned the lease to BEACH WATCH, INC., a Florida corporation, which is now the current tenant), ("TENANT") and the CITY OF DANIA BEACH, a Florida municipal corporation ("CITY"). WHEREAS, TENANT and CITY desire to amend the Agreement; NOW, THEREFORE, in consideration of the mutual promises and agreements contained in the Agreement and this Amendment and other good and valuable consideration, the adequacy and receipt of which are agreed upon, TENANT and CITY agree as follows: I. Section 1, subparagraph (i), "Lease Year", is amended to read as follows: (i) "Lease Year" shall mean the twelve (12) month period beginning on February 1, 2007 and each anniversary thereafter. 2. Notwithstanding the foregoing, the Gross Revenue for the Lease Year commencing on February 1, 2007 and ending on January 31, 2008, shall include all Gross Revenues earned on January 28, 2007 through January 31, 2007. 3. The remaining terms and conditions of the Agreement are ratified and affirmed and shall remain in full force and effect. IN WITNESS OF THE FOREGOING, the parties executed this Amendment to the Agreement effective on the date first referenced above. CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON, CMC IVAN PATO, CITY MANAGER CITY CLERK 3 ORDINANCE 42008-019 APPROVED FOR FORM AND CORRECTNESS: THOMAS J. ANSBRO CITY ATTORNEY WITNESSES: BEACH WATCH, INC., Signature By: Signature PRINT Name Print Name/Title Signature PRINT Name STATE OF FLORIDA ) SS COUNTY OF BROWARD ) The foregoing instrument was acknowledged before me on 2008, by as , of BEACH WATCH, INC., a Florida corporation. Such person is personally known to me or produced as identification. Notary Public, State of My commission expires: 4 ORDINANCE 42008-019 CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commission CC: Ivan Pato, City Manager Nick Lupo, Code Compliance Manager Phil Reeves, Building Official FROM: Thomas J. Ansbro, City Attorney DATE: July 14, 2008 RE: Proposed "Storm Shutters" Ordinance Nick Lupo, Code Compliance Manager, has suggested that storm shutter regulations be re-visited and brought to the City Commission for consideration. The ordinance as presented varies from the version presented to the City Commission some time ago, which was not enacted. The new ordinance is consistent with others adopted by a number of other Broward County cities. The new ordinance: 1) prohibits keeping storm shutters in a closed position for a period of time exceeding thirty (30) days, unless a) at least two (2) means of ingress and egress are provided (e.g., doors, windows); or b) a hurricane watch or warning is issued and occurs during the thirty day period (after the notice is lifted, the thirty (30) day "clock" starts again); or c) hurricane conditions are expected within thirty-six (36) hours; or d) the structure is residential but no one is in residence for a period exceeding thirty (30) days (in such case, notice of the vacancy is to be provided to the Code Enforcement Division). 2) From December 1 to May 31, storm shutters cannot be kept in a closed position unless a storm occurs outside of the hurricane season. As revised the ordinance addresses concerns made by several residents when the matter was last brought to the City Commission, in that people were concerned with having to remove and replace shutters if several storms occurred during the season but were more than thirty (30) days apart. Attachment TJA:sls 2 ORDINANCE 2008-020 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE XII TO BE ENTITLED "STORM SHUTTER REGULATIONS" FOR PLACEMENT IN CHAPTER 8, `BUILDINGS", OF THE CITY CODE OF ORDINANCES; PRESCRIBING REQUIREMENTS FOR STORM SHUTTER PLACEMENT AND REMOVAL TO BE APPLICABLE TO ALL STRUCTURES CERTIFIED FOR OCCUPANCY IN THE CITY; 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 THAT: Section 1. That Article XII, to be entitled "Storm Shutter Regulations", of Chapter 8, "Buildings", of the City Code of Ordinances is created to read as follows: ARTICLE XII. Storm Shutter Regulations Sec. 8-141. Storm shutters placed on structures certified for occupancy. Storm shutters are encouraged for all structures certified for occupancy in the City. Any permanently installed storm shutters shall be installed and designed in conformance with the standards set forth in the Florida Building Code, as amended from time to time. Sec. 8-142. Storm shutter placement. (1) Consistent with the provisions regarding storm shutters as defined and set forth in the Florida Building Code, as such Code is amended from time to time, it is prohibited for anyone to maintain storm shutters in a closed and secured position on a structure for a period in excess of thirty consecutive days and they must be removed or opened after that period of time, unless: (a) at least two (2) means of ingress and egress such as doors and windows are provided and remain unobstructed; or (b) a hurricane watch or warning is issued and applicable to the City and occurs during the thirty day period, at which point the thirty day period will begin anew the day after a hurricane watch or warning has been lifted; or (c) hurricane conditions are expected to occur within 36 hours after the thirtieth day; or (d) the structure is used for residential purposes, but no person is in residence for a period in excess of thirty consecutive days, except that (a) and (b) above, shall still apply during periods when a person is in residence. If no person is in the residence, notice of the dates the building will be vacant shall be provided to the code enforcement division of the City on forms provided by that division. The information required on the forms shall include but not be limited to the following: name of resident(s), address of residence, type of shutters, emergency contact number(s), and dates that the residence will be vacant. (2) Except during the period from June lst to November 30`h of each calendar year, storm shutters are not permitted to be in a closed and secured position, unless there is a hurricane or tropical storm watch outside of the designated hurricane season. (3) With reference to commercial structures who use storm shutters as a method of securing the business and its contents from theft or other illicit acts, this practice shall be permitted only during non-business hours, which must be clearly posted and visible on the exterior of the structure, whether or not the shutters are in the closed or open position, and must contain a contact phone number in cases of emergency. (4) While plywood boards are a permissible type of emergency storm shutter device under the Florida Building Code, such emergency shutters shall be removed within 7 days after a hurricane watch or warning has been lifted, whether or not any person is residing in the residence. Sec. 8-143. Permissible storm shutters. Any types of storm shutters that meet the requirements for storm shutters set forth in the Florida Building Code, as amended from time to time, may be installed within the City. Section 2. 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 3. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. 2 ORDINANCE#2008-020 Section 4. That this Ordinance shall take effect immediately at the time of passage and adoption. PASSED on first reading on July 22, 2008. PASSED AND ADOPTED on second reading on , 2008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 3 ORDINANCE#2008-020 CITY OF DANIA BEACH Agenda Item # /. Agenda Request Database Date of Commission Meeting: 8-12-2008 Public Hearing ❑X Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑X Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Requested Action (tden*appropriate Action or Motion) ORDINANCE NO.2008-022 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING THE CITY CODE OF ORDINANCES.AMENDING CHAPTER 28 ZONING ARTICLE 22(RESERVED)TO ADDAHOTELOVERLAY CISTRICT,IN ORDER TO PROVIDE FOR A NEW OVERLAY ZONING DISTRICT,AMENDING ARTICLE 2B,"SIGNS SECTION28.190,'NONCONFORMING SIGNS',INORDERTO EXEMPT LEGAL NONCONFORMING POLE SIGNS IN THE HOTEL OVERLAY DISTRICT FROM REMOVAL,AMENDING ARTICLE V-A,`ADMINISTRATIVE VARIANCE PROCEDURES",SECTION 33.126, "ADMINISTRATIVE VARIANCE PROCEDURES'OF THE ZONING APPENDIX IN ORDER TO PROVIDE FOR ADMINISTRATIVE VARIANCES WITHIN THE HOTEL OVERLAY DISTRICT.PROVIDING FOR CONFLICTS',PROVIDING FOR SEVERABILITY,FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Why Amon is Necessary tlllhat Action Accomplishes Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ 'Summary'Explanation/Background TX-52-08: Zoning Code text amendment creating a hotel overlay district where applicable. "Staff is requesting this item to be continued to August 26, 2008 for first reading. FFiscal imi�acllCost&tr�nary , r Exhibits Attached Ordinance Staff Report Public Hearing Notice Exhibit 1 pExhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by F Norris Colvert Date Department Director F Norris Colvert Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2008-022 AN ORDNANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, AMENDING CHAPTER 28 "ZONING," ARTICLE 22 (RESERVED) TO ADD A HOTEL OVERLAY DISTRICT, N ORDER TO PROVIDE FOR A NEW OVERLAY ZONING DISTRICT; AMENDING ARTICLE 28, "SIGNS", SECTION 28.190, "NONCONFORMING SIGNS", N ORDER TO EXEMPT LEGAL NONCONFORMING POLE SIGNS N THE HOTEL OVERLAY DISTRICT FROM REMOVAL; AMENDING ARTICLE IV-A, "ADMINISTRATIVE VARIANCE PROCEDURES", SECTION 33.126, "ADMINISTRATIVE VARIANCE PROCEDURES" OF THE ZONING APPENDIX N ORDER TO PROVIDE FOR ADMINISTRATIVE VARIANCES WITHIN THE HOTEL OVERLAY DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission ("City Commission") of the City of Dania Beach ("City") has adopted zoning district regulations in the City, in order to maintain and improve the quality of development and compatibility of land uses within the City while allowing a full range of land uses and services to the City's residents; and WHEREAS, these provisions are codified in Chapter 28, "Zoning," of the City's Code of Ordinances; and WHEREAS, the City Commission finds and determines that there is a need to encourage coordination between separately developed and owned hotel-oriented projects in areas servicing the tourism industry within the City in order to better serve the community needs; and WHEREAS, the City Commission finds there is a need to clearly identify hotel and ancillary service areas supporting tourism for the safety and convenience of travelers who are unfamiliar with the area; and WHEREAS, the City Commission finds there is a need to provide for administrative procedures and criteria for certain variances which are appropriate to the goals of the proposed Hotel Overlay District; and WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, has reviewed these proposed provisions and recommended their approval to the City Commission; and WHEREAS, pursuant to law, notice has been given by publication in a paper of general circulation in the City, notifying the public of this proposed ordinance and of a public hearing; and WHEREAS, a public hearing before the City Commission was held pursuant to the published notice described above; and WHEREAS, the City Commission finds that enactment of these revisions through its police powers will protect the public health, safety, and welfare of the residents of the City, and furthers the purpose, goals, objectives, and policies of the City's Comprehensive Plan; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Intent. That the preceding whereas clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Creation of Hotel Overlay. That Article 22, (Reserved) of Chapter 28 "Zoning" is added as follows: ARTICLE 22. HOTEL OVERLAY DISTRICT 22.10. Created. This Section creates the Hotel Overlay District which shall be an overlay district supplementing and cumulative to the development regulations of the underlying zoning district. Designation of any property as part of a Hotel Overlay District does not change the effective land use plan designation or the underlying official zoning district. These provisions are intended to supplement underling zoning regulations in order to support the stated purpose of the overlay district, and shall control in the event of conflict. 2 ORDINANCE#2008-022 22.20. Purpose. 22.21 Purpose. The Hotel Overlay District is designed to apply where coordination is needed between separately developed projects to address issues such as infrastructure, environmental protection, signage, pedestrian movement, parking, access, or employment activities, to facilitate the provision of hotel and ancillary service areas supporting City tourism as deemed appropriate by the City Commission. The City Commission, in its implementation of these districts, seeks to provide safety measures and controls for the protection and convenience of out-of-town travelers, unfamiliar with the City. 22.22 Encouraged Development Components. In order to achieve high quality development and promote innovative design concepts and flexibility, the following components shall be encouraged within the Hotel Overlav District: (a) The arrangement of uses and structures designed to encourage compatible mixed-use and multi-use developments within a master-planned style of environment, regardless of the existence of multiple site ownerships or separately developed parcels. (b) The provision for adequate transportation systems to serve the development including sufficient rights-of-way, street extensions, shared access, cross access, intemal circulation, capacity improvements, and pedestrian circulation. (c) The provision of shared infrastructure for parking and storm water management facilities as well as public utilities. (d) The provision of coordinated landscaping, parking facilities, pedestrian amenities, and signage controls. 22.30. Hotel Overlav District Designations. 22.31 Applicability. The Hotel Overlay District shall only be applied to areas intended to operate and perform as a cohesive development site, regardless of the existence of multiple uses, land owners and site developers. In order to qualify for designation, the proposed area shall meet the criteria below: (a) Any Hotel Overlay District shall include a minimum of two hotels; bb) Adjacent office or retail support facilities may be included as appropriate based on location use or access relationships between the hotels and adjacent facilities; (c) In order to provide a unity, connection and identification with the primary street system any area proposed for designation as a Hotel Overlay District shall include at least one property adjacent to either Griffin Road or Stirling Road. 3 ORDINANCE#2008-022 The majority of uses must provide support services to tourism within the City, or to another development in the proposed Hotel Overlay District which provides support services to tourism. (1) Hotels shall provide shuttle service to the Airport. (2) Uses adjacent to hotels in the proposed district, including but not limited to office, restaurant and other retail shall be deemed supportive services by virtue of the potential use interactions, and safe and convenient pedestrian paths are to be provided between the hotels and these areas. (e) All property owners whose property is proposed for inclusion in a Hotel Overlay District must join in the application for designation. (�1 The location design and size of the shared monument sign. pursuant to the requirements of 22.50. shall be submitted for approval with the application for a Hotel Overlay District. 22.40. Parking. 22.41. On-site location of required parking spaces. Parking spaces for all uses or structures which are provided to satisfy the schedule of off-street parking and other applicable provisions shall be located on the same lot as the principal use or structure thev are intended to serve, except as provided in this Section. 22.42. Off-site location of required parking spaces. Establishment of required parking facilities on off-site properties maypermitted as follows: (a) Two (2) or more abutting properties within the Hotel Overlay District may enter into a cross-access agreement with each other providing for the shared use of excess parking. (b) Such shared parking arrangements shall be approved by the community development director or his or her desi neg e, if: (1) Each property has access to (through the shared parking agreement(s)) parking spaces equal to its own required number of parking spaces or such number of spaces as may be recommended by the community development director as sufficient for the uses in the Hotel Overlay District based on his or her review of an engineer's parking study for the district. and approved by the city commission: and (2) The shared parking agreement is in writing provides cross access ingress and egress as necessaryprovides for maintenance and enforcement. The agreement shall run to the benefit of the City and shall be binding upon any heirs, successors and assigns The agreement may be terminated only pon agreement of the community development director or his or her designee which may be granted if each property standing on its own satisfies the off-street parking requirements established by the 4 ORDINANCE 42008-022 Code or city commission or other off-street facilities are provided which meet the requirements of this chapter. (c) The applicants for shared parking shall bear the expense of recording the agreement. 22.50. Signage. 22.51 Generally. Signaae shall meet all the requirements of the sign regulations, Article 28 of this Chapter, based on the underlying zoning district and use, except as provided in this Section. In the event of conflict between this Section and Article 28,this Section shall prevail. _(a)Signage on any property within the Hotel Overlay District, will, at all times, include information related to the use of the property upon which the sign is located. (b) In the event a commercial use is designed to front both the hotels and Griffin Road or Stirling Road Article 28 may be applied to allow individual signage on both sides of the commercial building. 22.52 Shared district monument sign. The properties within the Hotel Overlay District shall provide one shared district monument sign, which shall identify all properties and uses within the designated overlay district subject to the requirements of the underlving sign regulations as modified in this Section: (a) The shared district monument sign shall be located on a property adjacent to Griffin Road or Stirling Road as applicable, and shall be substituted for a monument sign which would otherwise be permitted on that property. This does not preclude the placement of additional signage identifying the Griffin Road or Stirling Road property only, if additional signage would be otherwise permitted under the sign regulations of Article 28. (b) The shared district monument sign shall meet the requirements of 28.180 except that the shared district monument sign is permitted to be 78 square feet in area and 8 feet in height. (c) The city commission may approve a maximum size of this monument sign larger r than that permitted in this Section if it detennines that the additional area is necessary to legibly identify all the shared overlay district uses on the sign. (d) The location design and size of the shared district monument sign shall be approved at the time application for the Hotel Overlay District is made. 22.53 Shared district vole sign If any property within the Hotel Overlay District is located within one thousand (1,000) feet of Interstate 95 a single pole sign shall be permitted in the district which pole sign shall be a shared district pole sign. (a) The shared district pole sign shall identify every use within the designated Hotel Overlay District which: 5 ORDINANCE 42008-022 (1) has greater than 60.000 square feet enclosed under roofed area: and (2) has no other existing pole sign identification within the Hotel Overlay District. (b) The shared district pole sign shall not exceed a height of fifty 50) feet or twenty (25) feet above the height of the elevation of the abutting interstate highway, whichever is less, and 50 square feet in area per eligible advertised use. (c) No use shall be advertised on more than one pole sign within the District. (d) The city commission may approve a maximum size or height of this pole sign larger than that permitted in this Section, if it determines that the additional area is necessary to legibly identify all the eligible shared overlay district uses on the sign. (e) No new pole signs except a single shared district pole sign as permitted above shall be permitted within the District. (f) Legal pole signs existing at the date of designation as a Hotel Overlay District, shall be permitted to remain as legal, non-conforming signs, with regards to the requirements of this Overlav District. Legal non-conforming pole signs shall be maintained providing that no legal non-conforming pole sign maybe expanded in any way except to the extent provided in this Section if it is to be modified and utilized as the sole shared district pole sign for the District. 22.60 Administrative Variances. Administrative Variances to parking and landscaping requirements may rag nted pursuant to the provisions of Section 33.126 of the Zoning Appendix of this Code. Additional variances maygranted by the City Commission as provided in this Article. Section 3. Revision to Nonconformingsigns.igns. That Article 28, "Signs" of Chapter 28 "Zoning", Section 28.190, "Nonconforming signs" is amended to read as follows: 28.190. Nonconforming signs. (1) The following types of signs are declared to be nonconforming and shall be removed no later than five (5) years from the date of adoption of Ordinance No. 25-98: (a) All roof signs, except integral. (b) All pole signs, except those allowed in section 28.140 or Section 22.53. 6 ORDINANCE 42008-022 Section 4. Revision to Administrative Variance Procedures. That Article IV-A, ADMINISTRATIVE VARIANCE PROCEDURES, Section 33.126, "Administrative Variance Procedures" of the Zoning Appendix is amended to read as follows: 33.126. Administrative variance procedures. (a) The community development director is authorized to review and approve the following variances for single-family homes, without review by the planning and zoning advisory board and the city commission, subject to compliance by the applicant with the requirements of subsection (ed) as well as with all other zoning and City Code requirements: (b) The community development director is authorized to review and approve the following variances for existing commercial, industrial, or office buildings containing fifty thousand (50,000) square feet or less, without review by the planning and zoning advisory board and city commission, subject to meeting the requirements of subsection (ed) as well as all other zoning and City Code requirements: + r + (c) In addition to the variances permitted under subsection (b) above, the community development director is authorized to review and approve the following variances for properties within a designated Hotel Overlay District without review by the planning and zoning advisory board and city commission. subject to meeting the requirements of subsection (d) as well as all other zoning and City Code requirements: (1) The landscaped portion of required landscaped terminal islands may be reduced by up to fifty (50) percent if the non-landscaped fifty (50) percent of the terminal island is incorporated into a pedestrian access/sidewalk system in order to promote and encourage pedestrian safety and circulation throughout the site, district or both. (ed) Conditions of approval. Section 5. That, except as amended above, all other provisions of Chapter 28 of the Code of Ordinances of the City of Dania Beach, Florida, as amended, shall remain in full force and effect. 7 ORDINANCE#2008-022 Section 6. 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 7. 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 8. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on . 2008. PASSED AND ADOPTED on second reading on 2008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 8 ORDINANCE 92008-022 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 12, 2008 TO: Ivan Pato, City Manager VIA: Norris Colvert, AICP, Director FROM: Corinne Lajoie, AICP, Principal Planner SUBJECT: TX-52-08: Zoning Code, text amendment creating a hotel overlay district where applicable. Staff is requesting this item to be continued to August 26, 2008 for first reading. PLANNING AND ZONING BOARD RECOMMENDATION On July 16, 2008 the Planning and Zoning Board recommended approval of the proposed text amendment with the elimination of Section 22.42(b) (1). NOTICE OF HEARING BEFORE THE PLANNING AND ZONING ADVISORY BOARD OF THE CITY OF DANIA BEACH, FLORIDA, REGARDING THE FOLLOWING PROPOSED ZONING TEXT AMENDMENT- NOTICE IS GIVEN that on August 12, 2008 at 7.00 p.m. or as soon thereafter as the matter may be heard,the City Commission of the City of Dania Beach, Florida, will conduct a. public hearing in the Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida,to consider the proposed zoning text amendment: TX-52-08; Zoning Code tent amendment creating ahotel overlay district where applicable. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLOP IDA, AMENDING THE CITY CODE OF ORDINANCES, AMENDING CHAPTER 28 "ZONING," ARTICLE 22 (RESERVED) TO ADD A HOTEL OVERLAY DISTRICT, IN ORDER TO PROVIDE FOR A NEW OVERLAY ZONING DISTRICT; AMENDING ARTICLE 28, "SIGNS", SECTION 28.190, "NONCONFORMING SIGNS", IN ORDER TO EXEMPT LEGAL NONCONFORMING POLE SIGNS IN THE HOTEL OVERLAY DISTRICT FROM REMOVAL;AMENDING ARTICLE IV-A, "ADMINISTRATIVE VARIANCE PROCEDURES-, 33.126, "ADMINISTRATIVE VARIANCE PROCEDURES" OF THENZONING APPENDIX IN ORDER TO PROVIDE FOR ADMINISTRATIVE VARIANCES WITHIN THE HOTEL OVERLAY DISTRICT;PROVIDING FOR CONFLICTS; PROVIDING. FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. yjptEM�� YM OREp5T4lFle Fl _ _ � 3 � owuerecn et R _ P City of Dania Beach Boundary Map. -. n Information regarding of the proposed text amendment is on file in the Community Development Department, 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 text amendments. 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 American 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)924-6800 at least 48 hours prior to the meeting. Lou Ann Cunningham Planning Associate Published August 1,2008 m I CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 8-12-2008 Public Hearing ❑X Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑X Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Requested Action ` {tde ft a'Rjx a Acti or MotwN ORDINANCE NO.2008-023 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING THE CITY CODE OF ORDINANCES,CHAPTER 28 "ZONING;"ARTICLE 32"OUTDOOR STORAGE CONTAINERS IN RESIDENTIAL DISTRICTS;'PROVIDING FOR REGULATIONS RELATING TO OUTDOOR STORAGE CONTAINERS IN ALL ZONING DISTRICTS;PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Why`Actilot is Necessary '` What Action Accomplishes Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background TX-53-08: Zoning Code text change amending outdoor storage containers regulations regarding charitable and not-for-profit organizations city-wide (FIRST READING). Fscai.imgaC#!C6st,S'nnmary Exh °Attaehed Ordinance Staff Report Public Hearing Notice Exhibit 1 —Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by F Norris Colvert Date Department Director F Norris Colvert Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2008-023 AN ORDNANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28 "ZONING," ARTICLE 32 "OUTDOOR STORAGE CONTAINERS IN RESIDENTIAL DISTRICTS;" PROVIDING FOR REGULATIONS RELATING TO OUTDOOR STORAGE CONTAINERS IN ALL ZONING DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, currently within the City of Dania Beach (the "City") charitable and not- for-profit organizations are not permitted to have outdoor storage containers; and WHEREAS, the use of outdoor storage containers to store property associated with the operation of charitable and not-for-profit organizations is incidental to such uses; and WHEREAS, as such, it is the intent of the City Commission to permit charitable and not- for-profit organizations to have outdoor storage containers if appropriately visually screened and properly permitted; and WHEREAS, the City Commission finds that it is in the public interest to permit outdoor storage containers for municipal or other governmental agency use within any zoning district; and WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, has reviewed these proposed provisions and recommended their approval to the City Commission; and WHEREAS, pursuant to law, notice has been given by publication in a paper of general circulation in the City, notifying the public of this proposed ordinance and of a public hearing; and WHEREAS, the City Commission finds that these changes are in the best interest and welfare of the residents of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. Intent. That the preceding "Whereas" clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Amendment of Outdoor Storage Container Provisions. That Chapter 28 "Zoning," Article 32 "Outdoor Storage Containers in Residential Districts,' is amended to read as follows: ARTICLE 32. OUTDOOR STORAGE CONTAINERS IN RESIDENTIAL DISTRICTS 32.10. Purpose and intent. It is the purpose and intent of the provisions of this article to establish restrictions pertaining to the use of outdoor texnper-aFy pei4able storage containers in residential distr t within the city to promote and protect the aesthetic appearance of the city " 'ems and to protect the public health, safety and welfare. 32.20. Definitions. For the purposes of this article, the following terms are defined: Site means any real property pon which a container is located. Storage container means any steel cargo container or any similar container designed and intended for transporting materials on ships, trains, or trucks from one location to another. Temporary portable Gcontainer means any container or receptacle designed for and used as an outdoor temporary portable storage container for the storage of personal property (provided, however, the term "Temporary portable container' shall not include the term "Storage container' any steel earge ee.-.-ainer or any similaf eontainef designed and intended for transpeA+;-H9- ^uteri is on ship tfains, r tf� e s ffem one 'oeation to anothe ) Such containers are ordinarily rented or leased to owners or occupants of real property and are placed and removed by means of a truck or other motor vehicle. No container shall have wheels or any other device or mechanism that raises any part of it above the surface upon which it is located. 32.30. Permitted containers. (a) Temporary portable container. A Temporary portable container may only be located as follows: (al) In single-family residential districts, no more than one (1) Temporary portable container may be located on a sSite. The container may only be located in a front yard driveway and set back a minimum of five (5) feet from the front property line, without obstructing access to any building-. (b2) In multifamily residential districts, no more than one (1) Temporary portable container may be located on a site; provided however, the dDirector of eCommunity dDevelopment may allow additional Temporary portable containers subject to the following restrictions: the site affords sufficient space for placement of more than one (1) container; adequate parking and 2 ORDINANCE#2008-023 building access remain available on the site, and the property manager, homeowners' association, or condominium association submits a letter of no objection to the city. The Temporary portable container shall be set back a minimum of five (5) feet from any property line on the lot, without obstructing access to any building.or (Q) In all other zoning districts, Temporary portable Ccontainers are expressly prohibited in-all other zoning distr except within those districts which specifically permit outdoor storage. (b) Storage container. A Storage container may only be located as follows: (1) A Storage container shall be permitted within those zoning districts which specifically permit outdoor storage. The provisions provided in Sections 32-40 through 32-60 of this article shall not apply to a Storage container within those zoning districts which specifically permit outdoor storage; (2) Municipal or other governmental agencies shall be permitted to use a Storage container within any zoning district. The provisions provided in Sections 32-40 through 32-60 of this article shall not apply to a Storage container used by municipal or other governmental agencies: or (3) Not-for-profit or charitable organizations shall be permitted to use a Storage container. subject to the provisions provided in Sections 32-40 through 32-60 of this article. 32.40. Permitted times and size of containers. (a) Temporary portable container. (1) The owner of a ssite shall be permitted upon issuance of a Temporary portable container permit to place a container at the sSite one (1) time per calendar year, not to exceed thirty (30) consecutive days. The city commission, upon application by the owner and submission of fifty- dollar nonrefundable waiver fee, may consider a waiver to these requirements. (2) No Temporary portable container shall be permitted to be used if it exceeds one hundred thirty (130) square feet and ten (10) feet in height. (3) Despite the time limitations provided in this article, all Temporary portable containers must be removed immediately from all sSites upon the issuance of a hurricane warning by the National Hurricane Center of the National Oceanic and Atmospheric Administration National Weather Service. The obligation to cause removal of the container rests with the owner of the site who shall sign a notarized statement to that effect, which will be included in the application. (fib Storage container. 3 ORDINANCE#2008-023 (1) One (1) Storage container maypermitted on a Site upon the issuance of a Storage container permit; (2) No Storage container shall be permitted to be used if it exceeds 160 square feet and 8.5 feet in height: provided however, the Director of Community Development may permit a container to exceed the maximum square footage and height subject to the following restrictions: (i) the site affords sufficient space for placement of container; (ii) adequate parking and buildingaccess ccess remain available on the site; and (iii) the property owner obtains the written consent of the adjacent property owner(s) demonstrating that he or she does not have an objection to the container: and (3) Storage containers shall be anchored per Section 161.21 "General Design Requirements" of the Florida Building Code, as amended. (4) Storage containers shall be setback a minimum of five (5) feet from any property line 32.50. Container permit. (a) The owner of a sSite who wishes to use a Temporary portable container or Storage container must submit an application to the dDepartment of c-Community dDevelopment on a form prepared by that dDepartment. An application processing fee of fifty dollars ($50.00) must accompany each such application provided, however, that the fee shall be waived for applications submitted during the sixty-day period following a named hurricane event which significantly impacts the city. The container shall not be placed on the sSite until the application is approved. (b) A copy of the permit shall be conspicuously displayed on the Temporary portable container or Storage container, within a clear weatherproof pouch. (c) It shall be unlawful for any person to place or permit the placement of a Temporary portable container or Storage container on any sSite he, she or they own or occupy without obtaining a valid permit. 32.60. Container restrictions. £eeh A Temporary portable container or Storage container must: (a) Display no signage other than the name, address and telephone number of the container owner, permanently affixed to the Temporary portable or Storage container; (b) Be kept in good condition, well-painted, free from rust, any other discoloration, graffiti, holes and cracks. The director may disapprove the permit if the color of the container is not uniform or is inconsistent with the aesthetic appearance of the neighborhood; (c) Be kept locked at all times except when the user is actively engaged in storing or removing stored items from the Temporary portable or Storage container. If the Temporary portable or 4 ORDINANCE#2008-023 Storage container is capable of self-locking upon being closed, it must provide an emergency release device inside the entrance, visible in the dark, useable by a small child, in case anyone were to accidentally be locked in; (d) The Temporary portable or Storage container shall not be used to store goods which may or appear to be destined for wholesale or retail purposes; (e) No hazardous substance of any type whatsoever shall be stored within any Temporary portable or Storage container; (f) Only personal property owned by the sSite owner or occupant shall be stored in a the Temporary portable or Storage container; (g) No owner or occupant of a sSite shall be issued a permit if any outstanding city liens are unpaid or code enforcement proceedings are pending pertaining to the sSite, the owner or the occupant; (h) A representative of the city shall be afforded immediate access upon request to determine if the contents of the Temporary portable or Storage container comply with the restrictions of this section. (I) Storage containers shall be shall be completely screened on all sides by one or more of the following: 1. Walls or opaque fences with a minimum height of six (6) feet: 2. Hedges with a minimum height of five (5) feet: or 3. Anv combination of walls, opaque fences, or hedges. Section 3. 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. Section 4. 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 5. That this Ordinance shall be in force and take effect immediately upon its passage and adoption. PASSED on first reading on 12008. PASSED AND ADOPTED on second reading on 12008. 5 ORDINANCE#2008-023 ALBERT C. JONES MAYOR COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY ORDINANCE 42008-023 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 12, 2008 TO: Ivan Pato, City Manager r VIA: Norris Colvert, AICP, Director j FROM: Corinne Lajoie, AICP, Principal Plannerc# U SUBJECT: TX-53-08: Zoning Code text change amending outdoor storage containers regulations regarding charitable and not-for-profit organizations city-wide (FIRST READING). Currently charitable and not-for-profit organizations are not permitted to have outdoor storage containers. However, the use of outdoor storage containers to store property associated with the operation of charitable and not-for-profit organizations is incidental to such uses. The proposed text amendment will permit charitable and not-for-profit organizations to have outdoor storage containers if visually screened in any zoning district. PLANNING AND ZONING BOARD RECOMMENDATION On July 16, 2008 the Planning and Zoning Board recommended approval of the proposed text amendment. STAFF RECOMMENDATION The Community Development Director has expressed concern regarding the design and appearance of permanent storage contains within the CRA district. The City Attorney supports the proposed text amendment. NOTICE OF HEARING BEFORE THE PLANNING AND ZONING ADVISORY BOARD OF THE CITY OF DANIA BEACH, FLORIDA, REGARDING THE FOLLOWING PROPOSED ZONING TEXT AMENDMENT: NOTICE IS GIVEN that on August 12, 2008 at 7.00 p.m. or as soon thereafter as the matter may be heard, the :City Commission of the City of Dania Beach, Florida,will conduct a public hearing in the Commission Chamber at Dania Beach City Hall, 1.00 West Dania Beach Boulevard, Dania Beach, Florida,to consider the proposed zoning text amendment: TX-53-08: Zoning Code text change amending outdoor storage containers, regulations regarding charitable and not-for-profit organizations city-wide. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28 "ZONING," ARTICLE 32 "OUTDOOR STORAGE CONTAINERS IN RESIDENTIAL DISTRICTS;" PROVIDING FOR REGULATIONSRELATING TO OUTDOOR STORAGE CONTAINERS IN ALL ZONING DISTRICTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. q�XpM Porte Atlas J� IHERGiq}E593 1 �umN rv.p..cvreie T ,n.Xp � g _ X � � GONL4BFgGX BL �D SIIRLIXG W^ City of Dania Beach Boundary Map Information regarding of the proposed text amendment is on .file in the Community Development Department, 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 text amendments. 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 American 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) 924-6800 at least 48 hours prior to the meeting. Lou Ann Cunningham Planning Associate _ Published August 1,2008 CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 8-12-2008 Public Hearing ❑X Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Refit sWd,Action (Ider y,approprrpteAdiwiorMdiwi). RESOLUTION NO.2008-1 IT A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY GERALDINE HUGHES,PROPERTY OWNER,FROM CHAPTER 8,"BUILDING",ARTICLE XII,"EMERGENCY GENERATORS",SECTION 8-175,FOR PROPERTY LOCATED AT 4910 SW 32ND AVENUE,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Why Action is�Necessarir <' A What Action Accompl es Purchasing Requests ONLY Dept: Acet#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary'Explanatlo"cf ground VA-44-08: The applicant, Geraldine Hughes, is requesting a variance for the placement of a generator located at 4910 SW 32nd Avenue. Exhit Jttectled' Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by F Norris Colvert Date Department Director F Norris Colvert Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-115 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY GERALDINE HUGHES, PROPERTY OWNER. FROM CHAPTER 8, `BUILDING", ARTICLE XII, "EMERGENCY GENERATORS", SECTION 8-175,FOR PROPERTY LOCATED AT 4910 SW 32ND AVENUE,DANIA BEACH;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 8, `Building', Article XII, "Emergency Generators"prescribes the regulations for locating emergency generators within single family and two-family zoning districts within the City of Dania Beach; and WHEREAS, Geraldine Hughes, who is the property owner at 4910 SW 32 d Avenue, is requesting a variance to permit the installation of a generator six (6) inches from the side lot line (Chapter 8,`Building",Article XII, "Emergency Generators", Section 8-175 requires a 10 foot side setback); and WHEREAS,the Planning&Zoning Board on June 18,2008,recommended approval of the variance request, 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 the certain application VA-44-08 from requirements in Chapter 8, "Building", Article XII, "Emergency Generators", Section 8-175,of the City Code of Ordinances is approved. 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 12008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: ISE STILSON LOU > CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION #2008-115 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 12, 2008 TO: Ivan Pato, City Manager VIA: Norris Colvert, AICP, Director FROM: Kristin Dion, Planner REQUEST: VA-44-08: The applicant, Geraldine Hughes, is requesting a variance for the placement of a generator located at 4910 SW 32" Avenue. PROPERTY INFORMATION ZONING: RM — Residential Multi-family, Broward County LAND USE DESIGNATION: Low-Medium (10) Residential VARIANCE To allow a generator to be located approximately 6 inches from the side lot line; code requires a minimum 10 foot side setback. The applicant is requesting the above variance to install a 2 foot wide generator in the side yard of her townhouse. The distance between the residence and the side lot line is 3.1 feet and therefore the applicant cannot meet the 10 foot side setback requirement. The applicant's lot, where the generator is proposed, abuts an area of common open space. Due to site restraints, the applicant would be unable to meet the required rear setback if the generator were to be relocated to the rear yard. The proposed location for the generator, in the north side yard, is the farthest possible location from any other residential unit. Further, the location for the generator is approximately 30 feet from the closest point of the pool deck in the common area. The generator's noise level is 60 decibels at 23 feet which is less than the maximum code allows of 70 decibels at 23 feet. The closest window is located farther than 10 feet from the generator. The Fire Marshall has reviewed the application and does not feel that there are any safety issues with regard to the exhaust location, but notes that the generator must meet the manufacturer's recommended distance from the wall of the residence to the generator. PLANNING AND ZONING BOARD RECOMMENDATION On June 18, 2008 the Planning and Zoning Board recommended approval of the variance. STAFF RECOMMENDATION At the discretion of the City Commission. City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924--3645 Phone www.daniabeachfi.gov General Development Application ©�x,q 1� jar ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat OTO ❑ Plat Delegation Request i � ❑ Rezoning Date Rec d 5 (5 ❑ Site Plan MAY ' 5 2DDB ❑ Special Exception Petition No.: ❑ TrafficwayWaiver �� C�EC� A Variance ❑ Roadway Vacation Department ❑ Extended Hours ❑ 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: YM 5 vrr 32 A�/ � 5- 'mcq 66iLrI7 �G 33312 Lot(s): Block: Subdivision: Recorded Plat Name: 22�� Folio Number(s): U�a ~�33C Legal Description:(,A.�`� i)i�� , ,SUfcO/,4C ff rfl -tJ Applican Consultant/Legal 'Rlepresentative (circle fone)C-Jrmuym� HueL—!E'S Address of Applicant Itg/Cl PVCC p��7M { t zp4 `33`Z Business Telephone: Home:l7�7� t�T J- Fax: F q_ 37f ZL26 Name of Property Owner: 6 6 AA Q%AC Address of Property Owner: Business Telephone: Home: Fax: -3 9/- 66=R Explanation of Request: J� '� ✓Gi «ram nu14--mot For Plats please provide proposed P/at !Jame for Variances please attach Criteria Statement as per Article 10.13 of Chapter 28, Zoning Code. Prop, Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: Proposed Use: 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 Com n approval, pursuant to Ordinance No. 2005-040. Applicant/Owner signat Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: 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: Telephone No. &Fax No. Seal: INDIVIDUAL OWNER NOTARIZED SIGNATURE: Thi o certify that I am the fee sim�p�e owner�o£f s�bject� d�das d above and thzed to make and file t I have the Applican onsultant/Representative) 7 Sri aforesaid application. Sworn to d subscribed before me Owner: R= �` This day of f�� 2CQs �fG Signature: 1�/Je/� Q Date: ame f Notary Public (Print Name) State of ) �t Nam P ;E�'f�SSr Print Name of N ry Street Address, City, State and Zip Code Co r iSSl4k6LIDFC.r'es;.: . — Seah GlDEO:: G}EFASSI Telephone No. &Fax No. M-nrrg DD73+44D Y d�E 4"m2Q91 ..... Fh.'4..N...... um 72 k3 yam/ ) i'L, 333/ ;'i��`'Gr7 0✓S 'i v z ��I kf✓Gig L c I:cr�,c ,�i fUr t d;i srf/1u �r��'v ?v a✓Nf r glVJ Hi�ii S N62 1/9G IS f✓� LiU���7 `�rc���i`;�S' �N I U ,�f`��'L r�;.,r sit l( �� a%�✓l� �5 �GA-Grimm f✓ d � �, 2,�-��l% ;�],✓�I� lt Fly'! �, µaA/ h vO,, �0"� 'v'G? MAY 15 ?DOB Planning `r' UEPR.RTMENT OF'VETERANs AFFAIRS Regional Office} 20 Washington Place r Newark NJ 071D2 March 31, 2000 In Reply Refer To: 309/21/seb MS GERALDINE HUGHES C 21 027 555 59 LINDEN AVENUE BELLEVILLE NJ 07109 _ Dear Ms. Hughes: The following certificate is fumished for your use in obtaining commissary store and exchange privileges from the Armed Forces: This is to certify that Geraldine Hughes is an honorably discharged veteran of the Army and is rated as 100% service disabled. The veteran has not been scheduled for future examinations. Sincerely yours, BENJAMIN S. WEISBROTH Veterans Service Center Manager tIL I DD 1 5 1DD6 - -- _ Planning Department OF BROWARD C DUNTY,FLORIDA,DF5CRI557 A5 FOUD 5: COMMENCING AT THE 50UT'HEA5T.Con, lF SAID PARCEL°A°;THENCE NORTH 00 DEGREES MINUTES 53 5ECOND5 EP5T,ALONG THE EAST BOUNDARY OF SAID FARCEL'A',A I—i ANCE OF 508.86 FEET;THENCE NORTH 89 DEGRES 41 MINUTES 07 5ECONDS WE5T,A DISTANCE OF 552.55 FEET;THENCE NORTH 02 DEGREE5 07 MINUTES 14 5ECOND5 FA5T, 175.25 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87 DEGREE5 52 MINUTES 4G 5ECOND5 V45T,A D15TANCE OF 94.67 FEET:THENCE NORTH 02 DEGREE5 30 MINUTE5 34 THENCE 50UTh 02 DEGREES 07 MIN2UTE5 14 ECOND5 WE5T,A D15E TAENCE OF 28.25FFEEf6 O E POINTTOOf BEEGINNING.OF 94.48 FEtT; WEST 48T11 STREET ram' � r-r �i------ GRIPFlN ROAD( C` II N OD'18'S3'E 50LMiEA5T CORNER 505.56' PAR=W EA5T 5DUNDARY N FARM'A' FARM*A? M N l POW OF B_'N < 1 (D p SWAT OF FOUND 1(2' SITE E m O WAS DGE IRON ROD t CAP m 1 FOUND IR' Ki IRDJ ROD*CAP S+ 02*07W W 2825� _________�/r_________� LOCATION SKETCH m D o u ozror 1 a°E 173.zs' NOT TO 5CALE &`'I Z.w o GOVE�D' N • 5CP.FEHED PATIO' �5 25.15' NOTES - .dO'1'' I) ELEVATIONS, IF SHOWN HEREON,ARE , z� RELATIVE TO THE NATIONAL GEODETIC D 8 ; ud ..; VERTICAL DATUM OF 1929. 0.35� q'� 2) UNDERGROUND IMPRDVEMENT5 b. AND/OR UNDERGROUND ENCROACHMENT5 9 ' 0 NOT LOCATED OR 5HOWN. 3) BEARINGS/ANGLE5 5HOWN-HEREON RDA REFER TO THE ABOVE MENTIONED PLOT OR � �� eT b co l i /D/ Q LEGAL DE5CRIPIION. Lu '8/� f �8� J 4) ROOF OVERHANG NOT LOCATED W �/W.= bl 3 UNLE55 OTHERWI5E 5HOWN. �p O. �NI11$,�a� g 5) TH15 5URVEY 15 FOR PERMITTING R PURFO5E5 ONLY. J �/ 1 �/ Q- 6) REA50NA5LE EEPORT5 WIRE MADE {� / - REGARDING THE W5TENCEANDLOCATION U II OF UNDERGROUND UTILn; E5.TH15 FIRM, tQ� a) Z HOWEVER, DOE5 NOT ACCEPT a d I f RE5PON51BILITY FOR TH15 INFORMATION. BEFORE EXCAVATION,CONTACT THE APPROPRIATE UTILRY COMPANIE5 FOR b FIELD VERIFICATION. 7) ALL 15EARING51ANGLE5 AND D15TANM .:0 :.. I' 5110" HEREON ARE BOTH MEASURED ON THE GROUND AND RECORD CAS PER PLAT) PALM TREE UNLE55 OTTHEKWI5E 5HOWN. 8) TH15 5UKVEY IS CERTIFIED EXCLU51VELY /ems. NK n 70: FOUND I!2' ' LfAN GERALDINE HUGHES IRON?Do e CAP WAS 14; 15ROWARD COUNTY.FLORIDA L5131 10 9) 1.00 DENOTES EXISTING GRADE ELEVATION. :34°:. 28 FOUND GONCREIE WALE LBt3110 4' 6d �e V NOTICE EE88FF33 LA,ND5 SHOWN HEP.EON-a+FEiiE NOT A55TRA-=BY THE 5UKVEYOR FOR RIGHTS-OF-WAY AND/OR EA5EMENT5 OF 24g tAL4PAI T MAY 1 RECORD. THEREFORE. ONLY TH05E bg� 32M fAVBA E RIGHT5-OF-WAY AND EAEEMENT5 SHOWN ON THE REFERENCED PLAT ARE 5HOWN. Planning Department FLOOD INFORMATION CERTIFfCAT10N FLOOD ZONE:AE BASE FLOOD ELEV.:B.0 FEET COMMUNITY PANEL#1 25093 0306 F I HEREBY CEKT FY THAT THIS SKETCH OF Si;RV F E SHE MINIMUM BUILDING DIAGRAM NO. I MAP DATE:05-18--' TECHNICAL STANDARD5 5ET FORTH BY THE FLQWDA 3(jARfJ OF LDy✓FST BOOR ELEVAT ON : 5.8 FEET PROFESSIONAL SURVEYORS AND MAPPEP� IN CHAPTER 61 G17-6, FLORIDA ADMINISTRATIVE CODE, PURSUANT 1 O SECTION.472.027, GARAGE ELEV.:7.8 FEET SITE EFT'`8.5 FE FLOR DA STATUTES. CLIENT- H�— A FFLO AU WITHOUTSIGNATU GINAL PPISED rAL OF PROJECT NO: i0651 SIGNAL SURVEYO AN APPER.°_ . ` c���� MA.pC, nE`.p loco sG nN OAKSR RC �TURA3-MODIFI AC ONSFORM SON INC. home Owner: r Unit g: Address: -�.y', „ GL' .. �' � r-  )1. Day Telephone: L-Z—,L -> / Evening Telephone: Please include such details as the dimensions, materials, color,design,location and any other pertinent data. Please attach a copy of the survey with the desired change noted. After completing this form, please mail to: Atlantis Management Services— 11010 Sheridan St. Suite it 208—Cooper City,F133026 Approval is hereby requested to make the following modification(s), alteration(s), as described and depicted below,or an additional attached page(s)if necessary. -� s „✓�!1'-ice. - 'if- �2 ....-t3 i�-7 r•%Z+ . � G./ r,r / / /I bi r.iii`i�l� 'TC ._>:�'!.f/i/.I :`q/..C-f r•J-.� As the homeowner, I understand and will comply with the following: 1. If the modification is not completed as approved, and described above,said approval may be revoked and the modification will be required to be removed at my expense. 2. 1 am financially responsible for any and all repairs to be made by the damage that was done to any and all common areas as a result of this mo�nd will obtain 3. I will comply with the State,County and/or City Buildingcodes any and all necessary permits if applicable. 4. I will abide with the decision of the Architectural Control Committee and/or The Board of Directors. with the decision,I will 5. If the modification is not approved,and I do not comply be subject to court action by the Association and I will be responsible for any and all attorney fees. 6. I will be responsible for the cleanliness of said area during the modification, and upon completion of the modification to the Association's satisfaction. �i Date: 'ter .r/ ,'/!r' ;�. �;� � ✓!!'�' i e ignature of Hoerieowner Date Notified ={ S • %, Date Received by the Committee.. proved Approved ) F ( ) p Date: u_ By: f1 i;-h(i -f 1'n !t- Comments: a k7t MAY 1 5 2008 Planning Department, . Broward County Property Appraiser's Network rage t of i If you are iooking to purchase this property,-he tax amount shown may have no relationship to the taxes you will pay. If you are looking to purchase this property and are not using portability to transfer any capped savings,please use our Tax Estimator to ( ("}�. (� �C"L.1 determine a more likely estimate of your new amount. LORI r .3H If you own this home and want to know how much the recectly enacted additional homestead exemption will save you,try our New Law �� fMPQE2TANT. Tax Estimator ss If you own this home and want to purchase a new home m Florida,try our Portability Estimator to see how portability and the addiional homestead exemption can help you. If you own a home in Florida,and want to see how much portability will save you,try our Portability Estimator. ` or Click here to display your 2007 Tax Bill. ID # 5042 31 22 1330 _ Site Address 4910 SW 32 AVENUE, DANIA BEACH MIllage 0413 Property Owner HUGHES,GERALDINE G Use 01 Mailing Address 4910 SW 32 AVE DANIA BEACH FL 33312-69B5 Legal BANYAN OAKRIDGE COMMERCIAL PLAT 157OMM -3 B POR OF PARCEL A DESC ASOMM E Description 46�S 8.25 TO POB AKA UNIT8133 BLDG 17 OAKBRID178.25 OGE OB W 94 67, N 28.25,E Propert11 y Assessment Values Year Land Building Land Value AG .lust Value Tax $223,72D Current $91,380 $132,340 $274,180 $360.79 2007 $130,930 $143,250 1 $238,950 $35B.67 2406 $106,610 1 $132,340 Exemptions Assessedl 2nd Non-Exempt SOH Value Type 1 03 Wld/Vet/D!s 1 1st Homestead Homestead $153,240 $127,740 $500 $25,OD0 $148,750 2007 Assessed I SOH Value $145,160 2006 Assessed 1 SOH Value r Land Calculations Sales History Price Factor Type Date Type Price Book Page 2672 SF 2/20/2001 WD $134,900 31330 326 $34.20 7/30/1997 SWD $117,600 25794 924 Adj, Bldg. S.F. (See Sketch) 1269 Eff.Year Built 1998 Special Assessments Fire Garbage Light Drainage Improvement Sate 04 V DS DS R 1.1 1 please Note:Assessa^.'dalues shown am h!0T cani-ed _I1J:es aa��are sutjact to change betcre fina!o Fbfication for ad valorem ias rurposes. http:/ibcpa.net/Reclnfo-asp?URL—Folio=5042i 1221330 5/15/2008 R N y i • 880 VA-44-08 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, July 22, 2008 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: VA-44-08 - Variance request by applicant Geraldine Hughes, property owner to install a generator six (6) inches from the side lot line, for property located at 4910 SW 32nd Avenue. (Chapter 8, Building, Article XII Emergency Generators, Section 8-175 requires a 10 foot side setback.) Property is legally described as: Portion of Parcel A of the Banyan Oakridge Commercial Plat, Plat Book 157 Page 3 of the Public Records of Broward County Florida Described as follows: Commencing at the SE Comer of said parcel "A", North 508.86, W 552.59 N 178.25 to POB, W 94.67,N 28.25, E 94.48, S 28.25 to the point of beginning AKA: Unit 133 Bldg 17 Oakbridge. Copies of the proposed request 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) 924-6805 x3645 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 Clerk's office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-6800 x3623, 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 a 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 Published: Friday, July 11, 2008 See Reverse side of this notice for a location map of the site Location Map: R1-C a C-2 z GRIFFIN RG C-2 C-2 TIM C-2 PUBLIX _ wl,.�-._. �...�, C-3 lL sw asrH sr a y Q RM-2 y LU= C.4 '- C 2� RD-10 0 w SW 49TH ST �j T RED MANE ROJ LN s Pool W 3 7 Proposed site t a Z 0) °z o a m Lake Q o r a RM WlL d i C9 / ' N A-1 b 1 Sw 51ST ST N m N O N O U O L C O m m N = Q N r cn> > M M M M m M M M M M M co M (D Cb , M M M V m m m M w m m co V T C O CDO O O O O O o 0 0 0 O of r N O M D) O "O O m m m m m m m O m m G) O O) CD N (D m W m O (A m (T m O m m [0 CD (O (fl (O (D 0CD (O N (fl 4'� [D CD M N N r CO O (D CO (O (fl CG (O (fl (fl (G CD � C N N N N N N N N N N N N N N t0 N N N N N N N N N N N N N (� nmm m M M M M M M M M N M M M M m m M o M r M M M M M M M M M M M M (p M M M M M M M M O M M M M M � M Q M M M M M M M M M M M M M N J J J J J J J J N J J J J J r J � J Z J J J J J J J J J J J J Cn LL LL LL LL LL LL LL LL o' LL LL LL LL LL m LL = LL LL LL LL LL LL LL LL LL LLIz LL LL LL cl)R) LLI J J J LIJ J J J J J N_ J J J J J LU o J ~ J O J J J J LU J J J J Lij CC) .wJ J Lij J � ODDDDDDOTDDODOz0o000O0000000N000 0 w Of w w of w w w Z w w w w of O w w w w w w w w w w w r w w w HDDDDnDDDD p p p p p p O O Z p p O p 0 cn p a p W p O p p p p O p p (Mj p p p 1' Z Q Q Q Q Q Q ¢ Q J Q Q Q Q Q � Q 0 Q 0, Q Q Q Q Q Q Q Q Q J Q Q Q F' Q J J J J J J J J J J J J LL J J J > = w a x fY a LY LY O a LY K Of LY Z K = x J a a LY or Of w LY w LY > Ur C LY 10 0 0 0 0 0 0 0 0 W 0 0 0 0 0 - O O O W 0 0 0 0 0 0 0 0 0 ¢ 000 UJ LL LL LL LL LL LL LL LL m LL LL w IL LL 0LL0 LL m LL- LLLLLL LL LL LLLLLLpLLLLLL 0 V O N N IN _ *k � m W ~ a' » » » » » » > F- F- F- FF- Hh- Hr F- F- F- f- I- > (n W cnfn (n to (n (n (n (n ik (n [n (fJ In (npQpF_ QQQQQQQQQQQQQ m = m = m = = = = = m = m = w p Z p w z z z O z z z z z z z z z D � � [IfF- I- HF- Hf- Hf- w F_ i- F- � F-- JZ U� ZZZZZZZZZZZZZ <T,NO Qp V V �t V V V 7 V z V V d' V V aCN') Y N �_.. m c EN (DW � � � � � � 3: 3: w = c�i� UOzcM �i� aiUnu�icn'nvi �na'iv�iu�inv�i �n m EN z rnrncnrnwww n > rnu� nu) n C) T J_ U) O d' co N (O 0 7 co Q (0 O d' 07 N U O m o) V O CO N CO O d' ID N (D � f- E Q Q N N Co Co V V V p n (D LO CD L- CD (T ] ON LO Q N O S 6qi CA LO to W m T O W E U m 0 L U J W O J J J 7) cj�w w (n (A .� Y w 0 D U) p W Y � � Q � Z � p JO O FN--- >uj ZU Fw UYQ � } U) M O Uwnw (LL �» U) Q w 0 N_ �G J Q LY Z W 0 0- Z D Z J ¢ ¢ ¢_ w W Z w QZ = awwZ � 00 � p0 c � J = Qp 07) < m O = Z (7 � ¢ QQ LLJ 2 [Y `t5 � ln >- >- p ❑ mQQ pZw � � DQpQ Z ~ ¢ OCD z J � Q 06 LLJJ w W J 0 w a � z Z Z a m > U Q Q O � � w a m O z O � wca ZUwn � QLLmaw � z0, ' ¢ jZQww > � ¢ Q = � JI z m Q 2 2 Q ¢ 2 Z a C7 U .� F- = a 2E m U) 0 CO a � V Z p 0 Z V V Y Z Q w U t- N 0 [r O O Q O Q Q m m w - w a 0 0 ? 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C? M M M C? M C? (`? M M m N N N N N N N N N N N TO N OO C) OOOOOO6O t� U0 Lo Ln (l) to N LL� LO tf"1 SUN — SENTINEL PUBLISHED DAILY VA-44-08 FORT LAUDERDALE,BROWARD COUNTY,FLORIDA Nonce of PUBLIC NEARING BOCA RATON,PALM BEACH COUNTY,FLORIDA CITY OF DANIA BEACH NOTICE IS 'HEREBYI MIAMI,MIAMI-DADE COUNTY,FLORIDA GIVEN that a public hearing will be held before I the City CDhlrnieaia0. on Tuesday,JUIy 22,2050 at 7:00 p.m.,. or as Soon STATE OF FLORIDA thereafter as possible in the. Dania .Beach City.. COUNTY OF BROWARD/PALM BEACH/MIAMI-DADE commission Boom,, Administrative Center, BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED 1o0 west Dania Beach ;Blvd., Dania Beach, JEFFREY HIGGINS,WHO,ON CATH, SAYS THAT HE IS A DULY Florida 33004, for the AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED DEPARTMENT commemS Wh cthmightbe OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED IN made to the following, BROWARD/PALM BEACH/MIAMI-DADE COUNTY, FLORIDA,THAT requAeadDB - variance. THE ATTACHED COPY OF ADVERTISEMENT, BEING A: reauest _ by applicant Geraldine Hughes, prop- NOTICE OF PUBLIC HEARING arty owner to install a. generator SIX (6) inches. from the Side lot line,for 910 IN THE MATTER OF: property located at Avenue. SW 32o Avenue. ichapter 8, Building, ArtiCie VA-44-08 Generators,Section 8-175 requires a 1D foot side IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE ISSUES OF: setback.) - Property is legally. ;described as: Portion of 13574915 !Parcel A of the Banyan 0-1/11/08 Oakridge commercial Plat,Plat Book 157 Page 3 AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER orowardublic Records Flo Florida PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI-DADE COUNTY, FLORIDA, Described as. follows: AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY comerf agd at the "AE PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI-DADE COUNTY, FLORIDA, North of Said w rcel' N EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE POST 48.255 E 9440, S 94 67, o OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY. FLORIDA, FOR A the point. of beginning PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF ATTACHED ..o abridge.-133 Bldg 17 COPY OF ADVERTISEMENT: AND AFFIANT FURTHER SAYS THAT HE HAS NEITHER Copies of the proposed PAID, NOR PROMISED,ANY PERSON, FIRM.OR CORPORATION,ANY DISCOUNT, reequestt arena Gomme forr REBATE, COMMISSION,OR REFUND, FOR THE PURPOSE OF SECURING THIS Development Depart- ADVERTISEMENT FOR PUBLICATION IN SAID NEWSPAPER. ment, too west Dania Beach Blvd.,Dania Beach, Florida between the hours of 8:00 a.m.and 4:DD p.m., Monday - Friday, please call(95L)924-6805 X3645 q for more information. intereI 10 �e!/A iAs— appear parties may appear at the public 11�� hearing and be heard with SIG RE OF JIzt-FREY HiGGiNg,OFIANT) respect to the proposed petition. SWORN TO AND SUBSCRIBED BEFORE ME in accordance with the Americans With Disabilk ON 11 JULY 2008 A.D. hies Act Persons needing assistance to participate in any of these proceedings should con- tact the City Clerk's 0 ff1ce,9o0 W.Dania Beach Ell : Dania Beach, FL 33004, (954) 924-6800 X3623, at least 48 hours (SIGNATURE OF NOTARY PUBLIC) iprior tothe meeting. Amy person who dem as to appeal any decision made by the NOTARY DUBLIC STATE OF FLOKIO14 iPlanning and zoning 'Ativisory Board or the Cl Noreen Rubin Commission with regard Ito any natter considered Commission#DD36566I at a meeting or hearing Expires: OCT 24, 200F8 will need-a record of the proceedings and for such Bonded Thry gt]antjc Bonding Co„I:- 'purpose'"' need to ,ensure that a verbatim '.record of tM1e proceedings (NAME OF NOTARY,TYPED, PRINTED,OR STAMPED) is Made, which record includes the testimony PERSONALLY KNOWN (X)OR PRODUCED IDENTIFICATION ( andappeal isupon which ) the appeal evidence to based: Lou And Cunningham Planning Associate JUIV 11,2008, - , ri _ 41 T n• y � I Amw9 _:..- w S @, ry a-. r f r+ Nf° a m+1 _ F •� �E} .t �* ��� ( i- `ice' • �j `` lk, � aY � ♦ a „ �� .all I ` ''�'—' j �` ;,-o � " ' pr If If .� � -.F- � 4i e l A F a•� F j°'"' 'u Y mar — J,ty,+ ^ / 1,. r"'h•6' All 41 tam exam c c*� l �� / � kr�4 tik 1�• !�fitt� ii77 R'ry pp ' F: • °Y' :a'- J 1 • l� 1 1 CITY OF DANIA BEACH Agenda Item # 7. 6 Agenda Request Database Date of Commission Meeting: 8-12-2008 Public Hearing ❑X Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid 1RFP ❑ Presentation ❑ Continued from: { v Actiom. ',.tld�ifi�y'a�propriaEe Action oT RESOLUTION NO. 2008-125 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JAY KODNER, FROM CHAPTER 28,"ZONING",ARTICLE 28, "SIGNS', FOR PROPERTY LOCATED AT 6 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. tilmy Actlo► Necess ary vAnt Action Accomplishes Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ SummaryExpianation[Background VA-45-08: The applicant, Jay Kodner, is requesting a sign adjustment for a banner to be located at 6 South Federal Highway. kmp ,Summary Edd6ft A€sdiod Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Color Rendering of Sign Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by F Norris Colvert Date Department Director F Norris Colvert Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-125 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JAY KODNER,FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTY LOCATED AT 6 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 28, "Signs"prescribes the signage regulations for properties within the City of Dania Beach; and WHEREAS, Jay Kodner, who is the property owner at 6 South Federal Highway, is requesting a variance to permit a banner sign year round(Chapter 28,"Zoning",Article 28,"Signs" allows banner signs for a maximum of 30 days); and WHEREAS,the Planning&Zoning Board on June 11,2008,recommended approval of the variance request, 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 application VA-45-08 for a variance from requirements in Chapter 28, "Zoning", Article 28, "Signs" of the City Code of Ordinances is approved. 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 2008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-125 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 12, 2008 TO: Ivan Pato, City Manager ^ VIA: Norris Colvert, AICP, Director\ )- - FROM: Kristin Dion, Planner '�J REQUEST: VA-45-08: The applicant, Jay Kodner, is requesting a sign adjustment for a banner to be located at 6 South Federal Highway. PROPERTY INFORMATION ZONING: TOD (Transit Oriented Development) LAND USE DESIGNATION: LAC (Local Activity Center) OVERLAY DISTRICT: Principal Arterial Design Standards Overlay, Community Redevelopment Agency (CRA), & Downtown Redevelopment District ADJUSTMENT To permit a banner 208 days per year; code allows banner signs for a maximum of 30 days. The applicant is requesting the above adjustment for approval of a banner sign to identify scheduled auctions. The banner will be displayed Tuesday through Friday each week prior to the scheduled auction and removed the night of the event. An auction is held every Friday at this location. The applicant feels the banner is necessary for identification and directional purposes. The banner will be erected on the east building elevation, facing Federal Highway. The zoning code permits granting sign adjustments provided: 1) The sign, after the granting of an adjustment, will still maintain the basic intent and aesthetic improvement purposes of the sign regulations, particularly as it affects the appearance and compatibility with properties in the surrounding areas, and any one (1) of the following: (a) The signs permitted under this Code cannot be adequately viewed due to physical site distinctions other than those imposed by city ordinances or created by the applicant; or (b) The architectural design of a structure or the site plan pose unique and extenuating characteristics which are not compatible with the requirements of this sign article; or (c) The structure or site configuration are unique, which causes the signage permitted by this article to be ineffective in identifying a use or structure that would otherwise be entitled to a sign. The Planning and Zoning Board requested the size of the sign to be reduced by half. The applicant has reduced the sign to 37.5 square feet. Staff would like to see the length of the sign reduced further, but the applicant is unwilling. PLANNING AND ZONING BOARD RECOMMENDATION On June 18, 2008, the Planning and Zoning Board recommended the following: 1. The total area of the banner be reduced by half. 2. The applicant work with staff to redesign the sign. 3. The banner to be displayed every other week. STAFF RECOMMENDATION The CRA Director reviewed the variance request and recommends the following: 1. Signage to be allowed one day per week, the day of event. 2. To permit banner for a period not to exceed 6 months, ending on February 1, 2009. At this time it will be revisited and brought into compliance with new CRA design guidelines. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET F,,LFmSREVIEW S}TE LqN AND RETU T$ IF ANY N Route Date 7/14/ 0008. t1t71 !-w 4 -P D VA-45-08 Project Jay Kodner { JUL ZR `008 Folio Sign Variance 6 S Fed Hwy PLEASE REVIEW THE ABOVE REFERENCED PROJE CORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RE NNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail Pick Up '_ In-house L Fire Marshal ❑ Landscape J BSO �J Public Services Planner Other Consultants �JCGA Approved as submitted Denied Comments must address prior Approved w/conditions to PZ/Commission hearing El List Conditions t.Stgwwgm /.l\e u+��l 1 de•-t a �.+�e.{C e.. i+.� Je,� el' +i.._ 2. -fw%j W.,6x ;w a Ptn.ri .A no Mere +Na-.. IV M s fi.d:...l an FaM�.a..� t 1"* 2va1 44 a.a4�cvn }��ne .} .a\ VA.. ftvatab.A ,.L brw,%4ai. ctyq dcSa n ut-A lU a s Signature Date J�YLEY4�� �ty\'mac Print Name 7/14/2008 Hearing no one and seeing no one further, the public hearing was closed. After further discussion by the board, a motion was made by Edward Bourgious, seconded by Lottye Crooms,to approve variance request VA-44-08. Motion passed on the following roll call: Edward Bourgeois — yes Lottye Crooms - yes Angeline Flowers yes Patrick Schilling — yes Paul Fetscher — yes Kristen Dion, City Planner, addressed the board describing the sign adjustment for the approval of a banner sign to identify scheduled auctions. She indicated that the banner will be displayed two days prior to a scheduled auction and removed the night of the event. Ms. Dion An auction is held every two weeks. The applicant feels the banner is necessary for identification and directional purposes. The banner will be erected on the east building elevation, facing Federal Highway. Jay Kodner 3017 Lakewood Lane Hollywood Florida addressed the board describing the progress made with the renovations to the building at 6 South Federal Highway. He stated there has been confusion regarding location of the site. The banner would be for building identification only and not for advertisement. Ms. Dion concluded stating that staff is leaving recommendation of the request to the discretion of the Planning and Zoning Board. Chairman Fetscher opened the item for public comment: Chandler Gupta 129 E Dania Beach Blvd. addressed the board speaking against the request feels that many variances and adjustments will leave the city looking the way it was 5 years ago and no improvements to downtown will be made. Mike Grimaldi, 3220 N 37th Street, Hollywood, spoke in favor of the request. Hearing no one and seeing no one further, the public hearing was closed. Staff confirmed for the board that there is no size limit on temporary banner signs Motion made by Patrick Schilling to deny VA-45-08, motion failed for lack of second. Motion made by Angeline Flowers to approve VA-45-08 seconded by Edward Bourgious. Motion passed on the following roll call: Edward Bourgeois — yes Lottye Crooms yes Angeline Flowers yes Patrick Schilling — no Paul Fetscher — no 7 June 18,2008 City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 Phone www.daniabeachfi.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ( 71TT' ❑ Plat Delegation Request ��f= ' fit .. t� ❑ Rezoning . Date Recd: � o� ❑ Site Plan MAY 2 7 200E ❑ Special Exception Petition No.: ❑ Trafficway Waiver Planning 9 Variance Department ❑ Roadway Vacation ❑ Extended Hours ❑ Other: THIS APPLICATION WILL NOT 13E 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 Gty's Building Depa Location Address: c 1"Svc �fi` ` - {F fJ t 4 Lot(s): Block: Subdivision: Recorded Plat Name: *,,bens). 52�a 1' - 013 Legal Description: ppiica nsultantll-egal Representative,(arde ) h Address of Applicant: « 1 Y� f pia L00'\ IQ`c�(�,,�c�L1 Business Telephone4Jy S 7-550-Home: 7 � f D t Fax: �� 4 )Z 717 :z Name of Property Owner: Address of Property Owner: �! 5� � �(R,�tl��i�—� i 73 1,77 144 Business Telephone: ZS �-3 9-0ome: b —0i U Fax: 1 J� Explanation of Request: S I&t'j, V� A'J9 T7-::-1Z V ?F1Z 1 INN C-= F-4)'Z- 7?gINJNE)z For Plats please provide proposed Plat Name for VaMnces please attach Criteria -Statement as par Article 10.13 of Chapter28,Zoning Code. Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: U C i !a �j O o W S r proposed Use: Is property owned individually, by a corporation, or a joint venture? I understand that site plan and variance approval automatically fires within 12 months of City mission approvai,pu nt to Ordinance No. 277z 4 r � ��� Applicantlov&e7signature Print Name Date APPLICANT, CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representadve: 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: Seat: Telephone No. &Fax No. INDMDUAL 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/ConsulEant/Representatve) to make and file the aforesaid application. Sworn to and subscribed before me Owner: M This20dayof IngY 200? Signature: D te: Sign flame bf Notary Public (PrintName) State of ;LAM J� C 1•�i�l'-�✓t L� d�)� � '�W�• lt'1".lv� Print Name of Notary S A d 1 te , d Zip� Code Commission Expires: eee��� Seal: Te( p�n�No. � �� �►�-� `�5S� rp„ PANSYWARWICK iN e'•. Notary Public-State Of Florida c My Commission Expires Nov 14,2010 Commission d DD 614610 Bonded Thm*National Notary Assn. Broward County Property Appraiser's Network rage i or i If you are looking to purchase this property.the tax amount shown may have no relationship to the taxes you will pay. i "RI�1 , RRISI i If you are looking to purchase this property and are not using yyli��D .k_ portability to transfer any capped savings,please use our IMPORTANT: Tax Estimator to determine a more likely estimate of �^r`r COU/vTl' your new amount. If you own a home in Florida,and want to see how much po^ability will save you,iry our Portability Estimator. nm"-iniviia i��Tr irre,R il�+iP �tli�? isw`�c�ic�ef `ss.i�A i�vir�`e Click here to display your 2007 Tax Bill. Site Address 16 S FEDERAL HIGHWAY, DANIA BEACH I €D 5042 34 01 3200 Property Owner JKODNER,JAY I 'jO y crop ktu `4.J IMillage 0413 flailing Addres Use 11 Legal TOWN OF DANIA B-49 D LOT 3,4 LESS ST RD BILK 22 Description Property Assessment Values Year Land Building Land Value AG Just Value Tax Current $404,000 $383,260 $787,260 2007 $404,000 $365,010 $769,010 $17,197.98 2006 $404,000 $317,400 $721,400 $17,285.42 Assessed/ Exemptions SOH Value Type Wid/Vet/Dis list Homestead 2nd Homestead Non-Exempt $787,260 $787,260 $769,010 2007 Assessed/SOH Value $721,400 2006 Assessed/SOH Value Sales History land Calculations Date Type Price Book Page Price Factor Type 10/12/2005 WD $800,000 41148 1712 $40.00 10,100 SF 6/11/2004 WD $537,000 37647 1200 5/16/2003 WD $100 35267 1379 8/1/1993 W $250,000 20993 676 10/1/1986 W $100 Adj. Bldg.S.F. (See Sketch) 3750 Eff. Year Built 1939 Special Assessments Fire Garbage Light Drainage Improvement Safe 04 DS C DS 3750 20 subject to change before final certification for ad valorem tax purposes. http://www.bepa.net/RecInfo.asp?URL-Folio=504234013200 5/20/2008 KODNER GALLERIES 45 South Federal Highway-Dania Beach,Flonda 33004 (954)925-2550—Fax(954)925-7472 May 20, 2008 M99R, Corinne Lajoie, Principal Planner JOY 2 7 7008 City of Dania Beach ( 954) 924-6805 X3704 Nanning € g �€1'leFtt RE: Subject Property - 6 South Federal Highway Dear Corinne: I herewith submit my application, application fee, and plans to obtain permission for my banner sign (see attached photo) for directional and location purposes when we announce a scheduled auction inside the building. Said banner will only be displayed for the scheduled auction and will be removed the night of the auction and stored inside the building in between scheduled auctions. It is strictly for temporary use and portable. I believe this decorative hand made canvas sign will maintain the basic intent and aesthetic improvement of the property and specifically the downtown area, with respect to the sign regulations and particularly as it affects the appearance and compatibility with properties in the surrounding area. KODNER GALLERIES,Inc. Mailing Address:P.O.Box 386-Dania Beach,Florida 33004 (954)925-2550—Fax(954)925-7472 infoRkodner.com-www.lcodner.com KODNER GALLERIES 45 South Federal Highway-Dania Beach,Florida 33004 (954)925-2550—Fax(954)925-7472 The code does not permit "A" frame street signs and since we advertise extensively inthe to m county area, and draw any new visitors to Dania for the very first time, the location of the auction would indeed be confusing without a banner. It is customary, all over the world, for an Auction to have some sort of marquis, banner, "A" frame or signage for informational and directional purposes only. F 0 Your consideration is very much appreciated. 4AY 2 7 NOB plain€ng Very truly yours, Department Vr1— Jay Kodner Iz- Ze0,t-A rvc�l 1=r1 �Z�1 we W KODATER GALLERIES, Inc. Mailing Address:P.O.Box 386-Dania Beach,Florida 33004 (954)925-2550—Fax(954)925-7472 info(a).kodner.con-w w.kodner.con VA-45-08 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, August 12 2008 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: VA-45-08 - Variance request by owner/applicant Jay Kodner, to permit a banner sign year round for property located at 6 South Federal Highway, Dania Beach. (Chapter 28, "Zoning", Article 28 "Signs" allows banners signs for a maximum of 30 days). Property is legally described as: Lots 3 and 4, Block 22, less the east 8.00 feet thereof, "Town of Modelo" according to the Plat thereof as recorded in plat book B Page 49 of the Public Records of Broward County, Florida. Copies of the proposed request 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) 924-6805 x3645 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 Clerk's office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-6800 x3623, 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 a 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 Mailed: Friday, August 1, 2008 See Reverse side of this notice for a location map of the site Location Map: RD-8000 Rs-6000 Os NE 1ST ST NW 15T ST Q > RD-8000 3 z p NE 15T TER a i CO N NW HILL ST 5 C-2� Q2 TOD � LL 5 iE pPNIA BEPLH BLVB V 2 L WOANIABEALH BLVO TO.C61 0 sed ¢ a Y N Propo sne:... rc N m w LL tO w a > eWAARK ST----' � a SE PARK ST 3 RM sE lSTST O Uco co o C O C CD O Co d N Y m Q cV > > rn y m co m v o Q V M N M M V N V N LO co Ln LL CO m -1 O O O M O O N O V V N N M M CDI- M W V M M 0 0 V V V 'IT V J V a) ch r Or) U V O V N N O O O O O LL N 0 V W O �p 0 O O O O O O O W O O M M � O = O M O M M M M M M M J M M M M N N ~ M M M LL LL LL LL LL LL LL D LL LL LL LL Q r m LL LL LL 0 0 0 0 0 U U w 0 U 0 0 U H w U H U O O w w w w w D O W O O 0 z p w 0 w mmmmm ¢ m � � w0Wm � m U J J Q Q Q Q Q f- J Q J J Cn O ¢ W gJJZzZZz 0� JzJJZ 7:) zYz _ - 10 O Q Q Q Q Q O O Q O O Q O Q Q Q Q U 2 S � � O � � LL S � S S N S J O J ❑ N S toLLI f /7 W LY2 J 3N� M �- ZU iO O v_, oo � � _ CO~ m0 � Q pQ = _ a � LJJ c'Eo IY LY t Q �taH O: < W F=- 0Mz < z: m o QI0 0mU)Lu00 w W z0LLI W o�� � 0 2U C7 < < x LL, X0 < < zQXOQXO a 'w Ea rn ZFr OW LLD wU) zaO � woLWi W SQw LL U a J o 0 m Z Z m LL cr f� r V m U W (n (n Sz J NG Q Q rn rn O cv O z coo o m v C) m O cmo m v m �3LNn o o LL N Ll M N M N M N N N J t: z y Q Y coW K � ^}L ' U O oe Q J Q Z K LL JzJ ZWz } O O � LL w w z W Z J o O LL Q Z m a S S W Q J Q J W W M rn 0 W � w LL (DLL W_ � z W O ZU LY OZ W Z W Z ~ Z � JL1Y W wQ wW - S zZ) z WAS LY F- Q T- U2F � zz0aU06ao50z06 � U � WaO >- ¢ w= < wQQw � OQz � LL� 2iW moo . O YQlu) � Q J _ LL O (n > H w LL> O ¢ p aSO Q U j x O pro ZS0 � U C) OOeLL a. (n L L O U O M O O O O O O O O O O o 0 0 0 0 0 0 0 co W _M M M 0 M 0 m O m O N N M m M m M m N N O m m 6l O Q� W O) N N N N N M M M M V CO m LL cc .� L 'C C U CD O o 0 0 0 00 0 0 0 0 0 0 00 0 _ M IT V' V V V' V V V V V V V V V V 4 4 V O o � m MMMMIhC? LhLhM MMMMM <h L7 N N N N N N N N N N N N N N N N N N N r o m z v v v v v v g Y qT v v v v v v v v v LL o 0 0 0 0 0 0 0 0 o 0 o 0 o o o o o m Uop Q U-) Ln Ln Lo Lo Ln Ln Lo W � Ln Lo P+ NP+P, In + NNIf r �L lm ��� M � �sg� � m ¢ m ms .• 91gREi Jim Isr y �zC4Xn pp � y - ` 2.1PIGTPEET3 AS AVMN _ c I� rD, bD PAX All .p,amN ®0 o g a oho o � M A (/J .•� � �� .• .2 • .� � �,. 'BEARING BASIS (ASSUMEQ) C C Z _�• � � '�' �S,09'00'OA E. 90�00'y G1 ,'ric•)1, •••6' WALK 6' AI..K S.00'00'00"E. 50.00 I ' �N o I-•w �i� 50,00, � I •� N 2 Z IFa c 66' RIGHT-OF-WAY n 0 @ 6I' ASPHALT PAVEMENT'Ij ypp _�_ __.. FEDERAL H/G-100)" SUS N CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 8-12-2008 Public Hearing ❑X Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Reg6as Action" Qdenfily appropriate Action or Motion) RESOLUTION NO. 2008-126 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JAY KODNER, FROM CHAPTER 28, 'ZONING",ARTICLE 28, "SIGNS', FOR PROPERTY LOCATED AT 45 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Why,Actitln is Necessary What Action Accomplishes Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background VA-46-08: The applicant, Jay Kodner, is requesting a sign adjustment for a banner to be located at 45 South Federal Highway. E�stal knpacUCast Summary Exhibits Attached Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Color Rendering of Sign Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by F Norris Colvert Date Department Director F Norris Colvert Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date CN Manager Date City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-126 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JAY KODNER,FROM CHAPTER 28, "ZONING', ARTICLE 28, "SIGNS", FOR PROPERTY LOCATED AT 45 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 28, "Signs" prescribes the signage regulations for properties within the City of Dania Beach; and WHEREAS, Jay Kodner, who is the property owner at 45 South Federal Highway, is requesting a variance to permit a banner sign year round(Chapter 28, "Zoning",Article 28,"Signs' allows banner signs for a maximum of 30 days); and WHEREAS,the Planning&Zoning Board on June 11,2008,recommended approval of the variance requests 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 application VA-46-08 for a variance from requirements in Chapter 28, "Zoning", Article 28, "Signs' of the City Code of Ordinances is approved. 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 12008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION 42008-126 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 12, 2008 TO: Ivan Pato, City Manager VIA: Norris Colvert, AICP, Director , 1 FROM: Kristin Dion, Planner _.� , REQUEST: VA-46-08: The applicant, Jay Kodner, is requesting a sign adjustment for a banner to be located at 45 South Federal Highway. PROPERTY INFORMATION ZONING: TOD (Transit Oriented Development) LAND USE DESIGNATION: LAC (Local Activity Center) OVERLAY DISTRICT: Principal Arterial Design Standards Overlay, Community Redevelopment Agency (CRA), & Downtown Redevelopment District ADJUSTMENT To permit a banner 104 days per year; code allows banner signs for a maximum of 30 days. The applicant is requesting the above adjustment for approval of a banner sign to identify scheduled auctions. The banner will be displayed Sunday through Wednesday every other week prior to the scheduled auction and removed the night of the event. An auction is held every other Wednesday at this location. The applicant feels the banner is necessary for identification and directional purposes. The banner will be erected on the west building elevation, facing Federal Highway. The zoning code permits granting sign adjustments provided: 1) The sign, after the granting of an adjustment, will still maintain the basic intent and aesthetic improvement purposes of the sign regulations, particularly as it affects the appearance and compatibility with properties in the surrounding areas, and any one (1) of the following: (a) The signs permitted under this Code cannot be adequately viewed due to physical site distinctions other than those imposed by city ordinances or created by the applicant; or (b) The architectural design of a structure or the site plan pose unique and extenuating characteristics which are not compatible with the requirements of this sign article; or (c) The structure or site configuration are unique, which causes the signage permitted by this article to be ineffective in identifying a use or structure that would otherwise be entitled to a sign. The Planning and Zoning Board requested the size of the sign to be reduced by half. The applicant has reduced the sign to 37.5 square feet. Staff would like to see the length of the sign reduced further, but the applicant is unwilling. PLANNING AND ZONING BOARD RECOMMENDATION On June 18, 2008, the Planning and Zoning Board recommended the following: 1. The total area of the banner be reduced by half. 2. The applicant work with staff to redesign the sign. 3. The banner to be displayed every other week. STAFF RECOMMENDATION The CRA Director reviewed the variance request and recommends the following: 1. Signage to be allowed one day per week, the day of event. 2. To permit banner for a period not to exceed 6 months, ending on February 1, 2009. At this time it will be revisited and brought into compliance with new CRA design guidelines. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLE_A$) REVIEW ZSL�E PLaN AND RETU TS IFANY Route Date A 7/14/2008 �. t L1tS _-- P' O VA45 08 I Project ay Kodner JUL 2 9 ION Folio Jay Variance 6 S Fed Hwy L t' iuf311��s' - PLEASE REVIEW THE ABOVE REFERENCED PROJE CORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RE NNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail 7 Pick Up In-house Fire Marshal Landscape BSO Public Services ❑ Planner r Other Consultants _1CGA Approved as submitted Denied Comments must address prior Approved w/conditions x to PZ/Commission hearing List Conditions 1.Stgr•Age. /�l\eu+e:�1. 1 de.-T a ..a�.�.k- er. h*r.. Jam el` 44. ba s1\aL.Kd 4:w a te'. & eP ne p\ere en f' it ti I'* 2aa'1 4'� �.s %. #'rAa .� ` •�\ b• f ev�t�4a.k ---L br.w'Ci%jr - .4— . t4- N Maui L(14 Signature Date )1f1(LCyV ? \titer Print Name 7/14/2008 Kristen Dion, City Planner, addressed the board describing a sign adjustment request for approval of a banner sign to identify scheduled auctions. She indicated that the banner will be displayed two days prior to a scheduled auction and removed the night of the event. An auction is held every two weeks. Ms. Dion stated that the applicant feels the banner is necessary for identification and directional purposes and that the banner will be erected on the west building elevation, facing Federal Highway. Ms. Dion concluded stating that staff is leaving recommendation of the request to the discretion of the Planning and Zoning Board. Jay Kodner 3017 Lakewood Lane Hollywood Florida addressed the board describing the progress made with the renovations to buildings in the City of Dania since 1975. He stated that the buildings in Dania are difficult to find in the evening and he reiterated that the banner would only state the words "AUCTION" and the time, and that the banner is essential to the conduct of the sale. Chairman Fetscher opened the item for public comment: Chandler Gupta 129 E Dania Beach Blvd., addressed the board speaking against the request feeling that a different type of sign less drastic would be appropriate. Jimmy Crimminger 237 SW 15th Street, Dania Beach, commended Mr. Kodner on his renovations to the property. Hearing no one and seeing no one further, the public hearing was closed. Mr. Kodner clarified the dates and times the banners will be present during auctions between the two buildings. Motion made by Lottye Crooms,to approve VA-46-08 w2th the condition that Mr. Kodner make the sign more acceptable by working with staff on a recommendation toward enhancing the sign prior to hearing before the City Commission, seconded by Edward Bourgeois. Motion passed on the following roll call: Edward Bourgeois — yes Lottye Crooms yes Angeline Flowers yes Patrick Schilling — no Paul Fetscher — yes 6) Variance request by applicant Shmaya Waks, for property owner Ariel Edelsburg, N & D Holdings,Inc. for the following: ***This item was continued until the July 16, 2008 Planning and Zoning Advisory Board Meeting. VA-47-08 - To allow off-site parking to be placed on the south half of the lot zoned C-2 (Commercial) located at 3333 Griffin Road, Dania Beach, within a C-2 (Commercial) zoning district. (Chapter 28 Zoning, Section 6.21(k) "Location of required parking 8 June 78,2008 City of Dania Beach, Ronda Department of Community Development Planning and Zoning Dhddon - (954)92+MW Phone vwrw.daniabeachfi gov General Development Application' ❑ AdministratWe Variance ' ❑ Assignment of Rex/Reserve Units ❑ Lain Use Amendment '- o Plat Delegation Request l 1'' Date Reed: ❑ Rezoning � �isv ,. El Ske Plan ❑ Special bwapdon MGY 21 7008 Peiitionlio:Y ❑ Tramway W~ ■ Variance Planning ❑ RoaewwVauation Department ❑ Exl:eruded Hours ❑ Ottum: PHLS APPLICATION WIlL NOT BE ACCEffW UNTIL IT IS COMPLETE AND SUSIMITTED WITH ALL NECESARRy DOCUMENTS. Refer to the application tirpe at the top of this form and -Required DocnnrerrtaMW cheddist to determine the suppiwnerhtal documents required with each application. Fbr after the fad;app6abons, the responsible contractor of record shag be present at the board hearing. Their fallure to adox! may imped upon tine disposition of Your appgr8don. As ahvays,the applicant or their authorised legal agent must be present at an meetings. Ai projects must also obtain a building permit from the CWs Building DepartmenL ti . Location Address; �t lex) 1A vv�� Lot(s): Block Subdivision Reoorded Plat Name: Folio Number(s): Legal Description: erhf nsuNant/Legal Representative(drde oche) Address of ApprKant: ���-4 r�nR ta,ti c� jcly t�lut��r J3 C�1 Business Telephone: 155'-5 j(1'Home:p 1i 6iD- bTi Fax:Oi 5 Ct i� IS t 't - Name of Property Owner: 7 °-A-1 ( - Q71) address of Property owner J Q i `�Q�L�,CiIQi�c l:.hr - * C�Qc�.�31�;�t 3 BustnessTelephone. MlS '05"Home: 11 6 ' Fax � 1)- * Li4Z- Biplanation of Request l� W p�11�=iZ U ►� ►t� ttif Ct- 1- i i ►U� Z for Pb&pfam pon*plapaved Plat Name for Yam pksaw atfadr Offni is Shillereent as per Artide ZO.d3 ofaapterM,Zonfng Code Prop. Net Aaea- C`gge: Gross Aaeage ge:Prop. Square Foota Existing Use: H VA \L `` N 1 -AS Proposed Use: 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 Glimmission approya�l, irs pant to Ordinance No. 200 040.1 - -u�1` Appikant/Owher signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consuttant/Re!presentative: This day of 2D_ Signature: Date: Sign Name of Notary Public (Print Name) Slate of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: 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/ConsultanVRepresentadve) to make and file the aforesaid application. Sworn to and subscribed before me Owner: t 1 This 20 day of /11/FV 20 0�5 Signature: --Date': Sign Name 6f Notary Public (Print Name State of( ) Print Name of Notary S p}��'t Addresses, City, State and Zip Code Commission Expires: l '� 1 wc'� I Seal: Telephone No. &Fax No. as<IRY P •,• PANSY WARWICK �00 /fa- S�If'v ,-, �I - ,(1'„S $--CJ A Notary Puwie-State of Florida " =W Commission Expires Nov 14,201 Ee'r` as Commission d DD 614610 Bonded Thmiph Nadmal NoteryA=. Broward County Property Appraiser's Network Page 1 of I If you are looking to purchase this property,the tax amount shown may have no relationship to the taxes you will pay. S ( If you are looking to purchase this property and are not using portability to transfer any capped savings,please use our 01j- �' 'y' j ,:i, ` . , t - , TaX ES—d G$C_ ®r to determine a more likely estimate of f your new amount � t e If you own a Noma in Florida, and want to see hoar much portability will save you,try our Portability Estlmatrsr. - _ _ V - ifi Click were to display your 2007 Tax Bill. S1ee a drams 45 S FEDERAL HIGHWAY,DANIA BEACH -'9 5042 34 01 3472 r-k's�SEaE Or•.az KODNER,JAY Willage 1 0413 �.v iomg Adar ss 13017 LAKEWOOD LANE HOLLYWOOD FL 33021-2642 1 Juse 1 11 TOWN OF DANIA B-49 D LOT 21,22 LESS W 24 FOR RD,23 LESS W 24 FOR RD,24 BLK _ascripdon 23 .�'VC'..e:tixr�`c.=.S4$S'bv2V7Vi trJt'm23 r i�R i to _ad va - ids.vaiuz Tax CUr. .-It $744,000 $58,800 $802,800 2€;.7 $744,000 $56,000 $800,000 $17,507.76 2006 $744,000 $405,500 $1,149,500 $26,940.67 Assessed/ aiab eus SOH Value Type AlidlVaUDis 1st Homestead 2nd Homestead i—i: Exarape $802,800 $802,800 $800,000 2007 Assessed/SOH Value $1,149,500 2006 Assessed I SOH Value Sias 1%1601vr Uat Caceula a<<: Type lrlcc- e _.1: PL�a rdo-9 FL—,- Type 2IM1997 WD $340,000 26264 690 $40.00 18,600 SF 11/1/1988 W $290,000 15967 17 4/1/1969 W $75,000 Adj.Bldg.S.F. (See Sketch) 3200 Eff.Year Built 1970 Special Assessments Fire C: Y✓c.writ L4gOL o'raeaaC,•s Cri3 i?f'r7lFeeecr�'i arc 04 DS C DS 3200 21.6 6-4vc:�e v♦ '_sL .S3JCSal.0 Values S Iowil are �'' T t-ei LIIICU YC ul r ifU ori: subject to change before final certification for ad valorem tax purposes. http://www.bepa.net/RecInfo.asp?LRL_Folio=504234013472 5/20/2008 KODNER GALLERIES 45 South Federal Highway-Dania Beach,Florida 33004 (954)925-2550—Fax(954)925-7472 May 20, 2008dLV MAY 2 i 108 Corinne Lajoie, Principal Planner j 'iar tiling City of Dania Beach 1 Department ( 954) 924-6805 X3704 RE: Subject Property - 45 South Federal Highway Dear Corinne: I herewith submit my application, application fee, and plans to obtain permission for my banner sign (see attached photo) for directional and location purposes when we announce a scheduled auction inside the building. Said banner will only be displayed for the scheduled auction and will be removed the night of the auction and stored inside the building in between scheduled auctions. It is strictly for temporary use and portable. I believe this decorative hand made canvas sign will maintain the basic intent and aesthetic improvement of the property and specifically the downtown area, with respect to the sign regulations and particularly as it affects the appearance and compatibility with properties in the surrounding area. KODNER GALLERIES Inc. Mailing Address:P.O.Box 386-Dania Beach,Florida 33004 (954)925-2550—Fax(954)925-7472 infc(o)kodnencom-www.kodner.com KODNER GALLERIES 45 South Federal Highway-Dania Beach,Flonda 33004 (954)925-2550—Fax(954)925-7472 The code does not permit "A" frame street signs and since we advertise extensively in the tri-county area, and draw many new visitors to Dania for the very first time, the location of the auction would indeed be confusing without a banner. It is customary, all over the world, for an Auction to have some sort of marquis, banner, "A" frame or signage for informational and directional purposes only. Your consideration is very much appreciated. 3998 2 7 2008 Very truly yours, !eM! Planning Department] tM Jay Kodner �` iZ}-� 1—C r ti C`1 ��'�Z� ���aca V��1��LS Z➢ � a� �� 1�� KODNER GALLERIES, Inc. Mailing Address:P.O.Box 396-Dania Beach,Florida 33004 (954)925-2550—Fax(954)925-7472 info(a).kodner.com-www.kodner.com VA-46-08 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, August 12, 2008 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: VA-46-08 - Variance request by owner/applicant Jay Kodner, to permit a banner sign year round for property located at 45 South Federal Highway, Dania Beach. (Chapter 28, "Zoning", Article 28 "Signs" allows banners signs for a maximum of 30 days) Property is legally described as: Lots 22 and 23 excepting there from the west 24 feet for roadway purposes, and all of lots 21 and 24, block 23, "Town of Modelo", (now Dania), according to plat thereof recorded in Plat Book `B", Page 49, of the public records of Dade County, Florida; said lands being located in the City of Dania, Broward County, Florida. Copies of the proposed request 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) 924-6805 x3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition. hi 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 Blvd, Dania Beach, FL 33004, (954) 924-6800 x3623, 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 a 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 Mailed: Friday, August 1, 2008 See Reverse side of this notice for a location map of the site Location Map: > V 2 E DANIA BEACH BLVD N W DANIA BEACH BLVD 3 TOC-1 0 a 0 SW.PARK ST z BE PARKST CO o N C-2 RM �T d TOD m L LL BE I BJ o y SW.IST ST y w O0 Fmpos6d site z Y LO a RS-8000 BE 1 ST-TER f R-SA RD:8400 I n STIRLINGRD SW 2ND ST ESTIRLING RD BE 2ND ST _ _ RS-6000 ix PC-2 00 00 N O C O C N 0 CO V � Y Q m ro v m m o� rn L? co D (n I- N N ¢ 1n CO O M M V qO O V M O M N N O N N ID O N CO N N (OD COO r COO 'D f� p (00 (D (�D N (O M O N O (D M O N r O M M V M P') m V N M M C? � Ch J Cl) CJ M C7 M 0 �@ O CA LL V V 7 V V J O 0 0 0 0 0 (OD O O O N N O O O N O O O O O O LL M O O O H O p O 0 p 0 0 0 p 0 C) 2 0 0 0 0 0 m OM CD M N M C. M M M N M N M M M M M M U M M M M M W J M M M M P') Cl) M rM M M M M Q M M M M M J LL M J J J J W J J J J J Q 0) LL -j LL LL LL LL LL LL LL LL M LL LL LL LL LL LL CO LL LL LL LL LL Q U F 0 U C) 0 U F U U 0 U 0 0 M 0 0 0 0 U 00 Q U U U U U p W U O (D W O w Z w 0 w 0 WOO J W W W O W O W W W W W S m � � wm m0m � m � m LLmmm m xmmmmm � W U5- O ¢ � ¢ (q ¢ QJQJJ - ¢ QQ J ¢ JF- Q ¢ Q ¢ ¢ FD J Z Z J Z Z Y Z J Z J J Q Z Z Z J Z -� Z Z Z Z Z J 10 ¢ ¢ 000 ¢ Q ¢ 0 ¢ 00 - ¢ ¢ Q0Q00 ¢ Q ¢ QQ00 U Oa 2 (n02020J0202 5 � 000202Z00000 LLC9 (�O�,i (n Cl) 6 o LLI O U) > O Q Z O W m O 2 D W U 2 F < W W w m W Y Q U � Y Q O > Q N N CO J W W � J = F- O C72Q W QF W S � Um > F > 2m OAP s ANON FOMLL (nr < Z: CN . 3: Zr W QOCC ¢ � QwQQ (nQ01LLu N n0 �ow �IZ � X � TXQX p � � y � �: N } 0ZWao . � � � o s NG ¢ rn 0 - w W J U 0 LL � � F Z Z W W W W W O 0331n1(1 0 o{�s_, tT, m ? Co O (n m nw M � In N r Om CD (n V N U N O 10 OD V LL U ¢ C) N Q. u- r LL M N N N M N M N N V 0N C) CO M O N (O (0 ti N ht W U w Z } W Z Z Z z W ¢ D-' � (n Q � O) w W J (`J LL Q CL W ¢ W 0 U LL ¢ z 0 O z w z � O F LL' J a ¢ OF zma20 a EW.7 � � zw wW ZZ 0 ¢ - LLQ J (n J ¢ J > Un0 FLL Z_ W ORO (n F � � ¢LLJ W 2 Z 0 FQQ (n � W Jv J LL a LL W LL W w Q ( CL Z F 2 O Q F U OS Q F S U w N LU UQoUB ww OU0 W o .6 F--- i W � m U)iU � O O < U) UQ Q � LLQJ > o � Qw Lu o � cr2W � .60 °()W Qa � �sm 0 F ¢ w o LL O z a x a m O J (Fn w m w U Q w � W ¢ z C) JIZ N > Q2p� > ' I- W ¢ YZ0 JOZm W Zm J LL' LL K ¢ � 0 ¢ � � F0x0o- .600 0w9w0 < < a. 000Q °� Q � mM 2LLCLWM022 - 0 � w � � (n > C� oU UnO � xw � U (7 - L (Lj U 0 0 0 0 0 0 0 0 0 0 O N O O O O O CD O O O O ON O� C) M (0 O M N O M V CO f� N N V (O r m O (O N V V V -It 0 0 0 N M «'1 CO O N N M M M M M M V CO LO O O O O O N N 0 M m LL Ch (`7 Ch C7 Ch M M M M Ch M C�1 M C� M O O O O O O O O O O O O O 'C c U CD O O O C) CD O C:) C) O O O CD O O O O O O N N CU V V V V V V V m M M M M M M M M M M M M M M M M Ch M M M M M M M Ch M M M Z N N N fV N N CV N N N N N N N N CV N N N N N N N CV N CV N N 0 cc v N IT IT IT IT IT TIT TIT IT v It v c IT IT IT IT ITITIT IT IT O m a 0 6 o o o o 0 o 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ccco U ¢ Cn � Lo t0 CD Lo CO 10 CD C(') (O uo CO CO CO 10 Cn CO u� (r) CO u7 CO u") 117 Cn Cn CO N -- - — -- DES CF.I; T j'., L,ots 22 . and 23 , excepT.ing therefrom the west. 24 feet for •oadwa5 purposes , and all of. Lots 2L and '24 , E1ock re rec "TOorded + )r iIiCDEfA" , inow Dania) , accorcling, to plat thereof recorded pagen qd , of t.ie public records of Dade Count} , A c in Plat Book ' E ' , of Florida , said lands being located in the Cit 4/w)Dani �fDy�nr dountV , Florida . �rvWc1e %i�eq/c�yeos} y�»ho% SCALE: - / " = 30' .a . v C fch Lhvs:n ram. FAR.All } , I I' I , n i 1 - jl W1 V � It � 1tA� V) � 1 u Z•3 'eef UIt!o/y _'.° e 23 ^�i deeoed fn� .hiyh•,r?�y n/idErn a9 - i MAY 2 7 2000 —I - - -- - - Te5l -1- - Planning Q r.rJ/r0/ W@ %n>.� Of In�5 N N N p�F _ TO ALLI':1hTIES F\'1'1 hL�II D IN 'I'I1'LL• TO I'RL1IJ:1?S St'}<<'1?1LI): RI?l:Fa" II, herehF eertif� that I h7.LN-e made a recent sur�•ev I, AI �liRICt E. of the abo�-e described property,- as indicated, and that ehei-e ai sentelhlhei�conomcetsn the are- meats except as sho"N"n. I further certif. that the ] quiremclics of the Florida Land Title _-Association and that this lilat is true and correct. A.DlU Dated at HoIIN'Nc00(1, Broward C'n�ult) , Florida, this day of I'r.r . r, _. :- , �, —�; M. E. BERRI' & AS•SO C :Ao ; --r—e MAURICE E.• ©EP,R wd Y _,'l1, o ' ItvWwM l Suf.�YM No.1177 �I ,mu.•eua n �x4 STATE OF FLORIDA CITY OF DANIA BEACH Agenda Item # 7• Agenda Request Database Date of Commission Meeting: 8-12-2008 Public Hearing ❑X Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid /RFP ❑ Presentation ❑ Continued from: Requested Action QdenrtY Mxol iaro Alan or Motion) RESOLUTION NO 2008-127 A RESOLUTION OF THE CITY OF DANIA BEAD H,FLORI DA,APPROVING THE REQUEST MADE BY SCOTT BACKMAN.ESOUI RE WITH THE FIRM SI EGEL.LIPMAN,DUNAY, SHEPARD 8 MISKEL,LLP REPRESENTING THE PROPERTY OWNER,V4LGARD OF STIRLING LLC FOR A SECOND EKTENSION(ORIGINAL EXTENSION WAS APPROVED ON OCTOBER 23.2007 AND EXPIRES ON AUGUST 8.2008)RELATING TO THE APPROVALS OF A SPECIAL EXCEPTION BE-23-DB APPROVED BY RESOLUTION 20W133.VARIANCE VA 24-06 BY RESOLUTION NO.2D%134 AND THE SITE PLAN REQ U E ST SP 22-M BY RESOLUTION NO 20%135.FOR PROPERTY G ENERALLY.00ATE D AT THE NW CORNER OF STI RLI NG ROAD AND(UNIMPROVED)SW 19TH COURT(ON THE NORTH SI DE OF STI R LING ROAD WEST OF I-95.DANIA BEAD H) PROVIDING FOR CONFLICTS.FURTHER.PROVIDING FOR AN BEE ECTIVE DATE. Why Action is Necessary What Action Accomplishes Purchasing Requests ONLY Dept: Acct#: Ani Fund: General: ❑ water: ❑ Sewer. ❑ Stormwater: ❑ Grants: ❑ Capital. ❑ Summary ExplanationlBackground SE-23-06NA-24-06/SP-22-06: The applicant, Scott Backman, on behalf of the property owner, is requesting an extension of the previously approved special exception, variance, and site plan for the construction of a self storage/retail building located on the north side of Stirling Road west of 1-95 (directly west of tree nursery). Fiscal�npaal�Sumtiiary. Fxhibits'Attacfied Resolution Staff Report Application Previous Resolutions Site Plan Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 mm Authorized Signatures Submitted by F Norris Colvert Date Department Director F Norris Colvert Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-127 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY SCOTT BACKMAN. ESQUIRE WITH THE FIRM SIEGEL.LIPMAN,DUNAY, SHEPARD&MISKEL,LLP,REPRESENTING THE PROPERTY OWNER, VALGARD OF STIRLING LLC FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON OCTOBER 23. 2007 AND EXPIRES ON AUGUST 8, 2008) RELATING TO THE APPROVALS OF A SPECIAL EXCEPTION SE-23-06, APPROVED BY RESOLUTION 2006- 133: VARIANCE VA-24-06 BY RESOLUTION NO. 2006-134 AND THE SITE PLAN REQUEST SP-22-06 BY RESOLUTION NO. 2006-135, FOR PROPERTY GENERALLY LOCATED AT THE NW CORNER OF STIRLING ROAD AND (UNIMPROVED) SW 19TIl COURT (ON THE NORTH SIDE OF STIRLING ROAD WEST OF I-95, DANIA BEACH); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 8, 2006, the City Commission approved a request for a Special Exception(SE-23-06)to allow a storage warehouse in the IROM(Industrial Research Office Marine) zoning district,pursuant to Resolution 2006-133,for property generally located at the NW corner of Stirling Road and(unimproved) SW 19`h Court(on the north side of Stirling Road west of 1-95);and WHEREAS, on August 8, 2006, the City Commission approved a request for a variance (VA-24-06) for the property. by Resolution 2006-134 for the following: 1. to provide 28 self-storage parking spaces (Chapter 28, "Zoning", Article 6.21, "Off-Street Parking requires 124 parking spaces for a storage warehouse): 2. to provide a 16 foot rear setback (Chapter 28, "Zoning", Article 18. "IROM". Section 18.60. "Area Requirements (c)3 "Yards" requires 28 feet): and 3. to provide a 2 foot landscape buffer at front of property; (Chapter 26. "Vegetation', Article IV, "Landscaping', Sec. 26-51. "Perimeter landscape requirements for business, commercial and industrial properties', requires a 10 foot landscape buffer); and WHEREAS,on August 8,2006,pursuant to Resolution No. 2006-135,a site plan approval for the proposed construction of a 101.953 square foot self-storage/retail building. for the property was granted, subject to conditions: and WHEREAS,on October 23,2007,pursuant to Resolution No.2007-212,an extension of the above approvals was granted until August 8, 2008; and WHEREAS,Scott Backman with the firm Siegel,Lipman, Dunay, Shepard&Miskel,LLP, representing the property owner, Valgard of Stirling LLC, is requesting a second extension of the approvals associated with the above described project relating to the special exception,variance and site plan approvals until August 11, 2009; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the request to extend the expiration date of the approvals to August I I, 2009 for the special exception, variance and site plan are approved, subject to the following conditions: 1. High parking demand retail uses (restaurant, bar, convenience store, medical office, bank, gym, and assembly uses) shall be prohibited. 2. Compliance with Fire-Marshal requirements prior to building permit approval. 3. Compliance with the following vegetation requirements: (a) Preservation of four Live Oak trees,three Gumbo Limbo trees, and two Strangler Fig trees. (b) Relocation of one Live Oak on-site. (c) Removal of six Live Oaks and one Tamarind tree determined by City Landscape Consultant to be dead as a result of Hurricane Wilma damage. (d) Removal of one Live Oak determined by the City Landscape Consultant to be incapable of surviving relocation; payment of$3,000 into the Tree Preservation Trust Fund. (e) Adding 7 new trees (Minimum 14' high, 8' canopy, and 3" caliper) for 45 new trees. (f) Posting$78,000.00 bond to reflect the value of the existing trees that are preserved on site, relocated or both. The bond will be refunded one year after Certificate of Occupancy if all the trees are still healthy and well maintained. If the trees are dead or dying (excluding hurricane or tropical storm damage verified by City staff), they must be replaced with the largest tree available in the same species and another one year of maintenance is required prior to the refund of the bond. 4. Dedication of five feet of right-of-way along west lot line for future sidewalk construction, including 2% pervious area waiver. 5. Construction of 24 foot wide drive to north lot line of Valgard parcel, final drainage plan to be approved by Public Services Director. 6. Four palm trees (20 foot starting height)to be planted between the north lot line and rear of the building. 2 RESOL UTION 92008-127 7. Extend screen wall to building(parallel with north lot line). 8. Installation of water pipe within utility easement to north lot line. 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 2008. ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION #2008-127 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 12, 2008 TO: Ivan Pato, City Manager VIA: Norris Colvert, AICP, Director FROM: Corinne Lajoie, AICP, Principal Planner �aycr �- SUBJECT: SE-23-06NA-24-06/SP-22-06: The applicant',, Scott Backman, on behalf of the property owner, is requesting an extension of the previously approved special exception, variance, and site plan for the construction of a self storage/retail building located on the north side of Stirling Road west of 1-95 (directly west of tree nursery). Special Exception To allow a 5 story, 101,953 square foot self-storage/retail building. Variance 1. To provide 26 parking spaces (22 spaces required). 2. To provide a 15.5 foot rear setback required (28 feet required). 3. To provide a one to 10 feet landscape buffer (10 feet required). Site Plan To allow the construction of a 5 story, 101,953 square foot self- storage/retail building. On August 8, 2006 the City Commission approved a special exception, site plan, and variances to allow a 5-story, 101,953 sq. ft. self storage warehouse and accessory ground floor retail with conditions. The site plan and variance expired on August 8, 2007. On October 23, 2007 the City Commission approved a one (1) year extension of the original approvals, making the new expiration date August 8, 2008. The applicant is now requesting an additional one (1) year extension of the previous approval, to August 8, 2009. RECOMMENDATION At the discretion of the City Commission. If the City Commission chooses to extend any or all approvals, staff recommends said extensions are subject to Conditions 1 — 8 below. VALGARD EXTENSION CONDITIONS 1. High-parking demand retail uses (restaurant, bar, convenience store, medical office, bank, gym, and assembly uses) shall be prohibited. 2. Compliance with Fire-Marshall requirements prior to building permit approval. 3. Compliance with the following vegetation requirements: (a) Preservation of four Live Oak trees, three Gumbo Limbo trees, and two Strangler Fig trees. (b) Relocation of one Live Oak on-site. (c) Removal of six Live Oaks and one Tamarind tree determined by City Landscape Consultant to be dead as a result of Hurricane Wilma damage. (d) Removal of one Live Oak determined by the City Landscape Consultant to be incapable of surviving relocation; payment of$3,000 into the Tree Preservation Trust Fund. (e) Adding 7 new trees (Minimum 14' high, 8' canopy, and 3" caliper) for 45 new trees. (f) Posting $78,000.00 bond to reflect the value of the existing trees that are preserved on site and/or relocated. The bond will be refunded one year after Certificate of Occupancy if all the trees are still healthy and well maintained. If the trees are dead or dying (excluding hurricane or tropical storm damage verified by city staff),they must be replaced with the largest tree available in the same species and another one year of maintenance is required prior to the refund of the bond. 4. Dedication of five feet of right-of-way along west lot line for future sidewalk construction, including 2% pervious area waiver. 5. Construction of 24 foot wide drive to north lot line of Valgard parcel, final drainage plan to be approved by Public Services Director. 6. Four palm trees (20 foot starting height) to be planted between the north lot line and rear of the building. 7. Extend screen wall to building (parallel with north lot line). 8. Installation of water pipe within utility easement to north lot line. City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-3645 Phone www.daniabeachfl.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request ❑ Rezoning - Date Rec'd: ❑ Site Plan❑ 1� C�O�Xa Special Exception �'�''� ' 2EuE petition No.:- )� ❑ Trafficway Waiver ❑ Variance 5Y-1 ol� wCa ❑ Roadway Vacation ❑ Extended Hours ■ Other: Time xt n ion Request 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 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 City's Building Department. Location Address: N/A Lot(s): N/A Block: N/A Subdivision: N/A Recorded Plat Name: Leto Park Plat Folio Number(s): 5042 3337 0020 Legal Description: See Attached Exhibit"A" Applicant/Consultan egal Representativ circle one) Scott Backman, Esq. Address of Applicant: 5355 Town Center Road Suite 801 Boca Raton FL 33486 Business Telephone: (561)237-1537 Home: N/A Fax: (561)544-8868 Name of Property Owner: yaigard of string i I r, Address of Property Owner: 8640 SW Al Terrace Miami Florida 33143 Business Telephone: N/A Home: N/A Fax: N/A Explanation of Request: See attached Justification Statement For Pals please provide proposed Plat Name for Variances please attach Criteria Statement as per Article is 13 of Chapter 28, Zoning Code. Prop. Net Acreage: 1.35 acres Gross Acreage: 1.35 acres Prop. Square Footage: 100,051 square feet Existing Use: vacant Proposed Use: self Storage Is property owned individually, by a corporation, or a joint venture? Corporation May 28 08 12:33p 561-544-8868 p.4 I understand that site plan and variance approval automatically expires within 12 mon f Commission approval, pursuant to Ordinance No. 2005-0 A i Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOT D SIGNATURE Sworn to and subscribed before me Applicant(Consultant/ r c This k day of 20 X Signature: Date: SiJo Name of Notary ublic (Print Na g e Of( ) .�`Pub Notary Public Slate of Florida +° t: YvetteWnghl r_ pa My Comm ssion DD565642 °v F`O Expires 04i2212011 bi Name of Nota Street Address City,State a Zip i o a.4, 5 S3S� Town 116en-haley R- 3j4aL Commission Expires: AIL f Seal: 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 (Applicarrt/Constimnt/Represertative) 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, Gty, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No, May 28 08 12:33p 561-544-8868 p.5 CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that as a duly authorized officer, have authorized (Applicarrt/Consutant/Representative) ��Oltd� CWC/ S (rr, !� to make and file the aforesaid application. Sworn to and subscribed before me Corporation�Name: This�� day of 20 W � Signature: P � Notary Public State of Florida o r it Yvette Wright Date: �LfloO �l �^ 1dy Commission DD665642 For•:° _;cartes 0 412212 0 1 1 _ /ly Al.4fj 11JM/f (Print N e) Si Name of Nota Public (Print Title) S of( ) n t Name of NotaJ Street Address,City State pnd Zip Code Commission Expires: 2�2� 2Q t Seal: Telephone No. &Fax No. yyfo/ 41/6 Y�rr 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) R1 to make and file the aforesaid application. Sworn to andsubscribed before me This J Uu day of 200 C Signature: 1 Date: // 4Vf'/�[ VW (Print Nam Sio Name of Nota ulblliic °z c+w, Notary Public State of Ffonde StAte of( ) : - Yvette Wright po My Commission DD665642 Expires 0412 212 01 1 Print Ndme of Notary Street Address, Gty, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. SIEGEL, L,IPMAN, DUNAY, SHEPARD & MISKEL, LLP GARY S. DUNAY THE PLAZA • SUITE 801 (56 I) 368-7700 KENNETH W. LIPMAN 5355 TOWN CENTER ROAD FAX: (551) 358-9274 BONNIE MISKEL BOCA RATON, FLORIDA 33486 JONATHAN L. SHEPARD WWW.SLDSMLAW.COM CAR[- E. SIEGEL - - - SCOTF BACKMAN LINDA B. LYMAN Valgard of Stirling Time Extension Justification Valgard of Stirling, LLC ("Petitioner") owns the southernmost parcel of the Leto Park Plat, which is generally located on the north side of Stirling Road approximately Y4 mile west of the 1-95 / Stirling Road exit ("Property'). The Property is zoned IROM — Industrial Residential Office & Marine District and is currently undeveloped. On August 8, 2006 the City approved a self-storage facility on the Property, which included a site plan, special exception and three (3) variances (the "Project'). A one (1) year extension was subsequently granted for the Project through August 8, 2008. Petitioner is now requesting an additional one (1) year extension for the Project through August 8, 2009. It remains Petitioner's intent to develop the Property in accordance with the previously approved plans. Unfortunately, Petitioner has experienced several setbacks and delays in the process of developing the Project. In particular, current market conditions have had a tremendous impact on construction costs, which in turn creates additional financing hurdles in securing development and construction loans from financial institutions. More importantly, the demand for local self-storage facilities has decreased since the time of the Project's original approval. The current economic downturn has caused a slowdown in residential development within the vicinity of the Property, which has a direct impact on consumer demand for self-storage. In addition, consumers in Dania Beach, as is the case throughout the country, are in the process of tightening up their wallets and only spending money on necessities. Unfortunately, many self-storage consumers are finding places in their homes for items that are traditionally stored in a self-storage facility in order to save on the additional monthly rent of what is considered more of a luxury than a necessity. Although current conditions make it difficult to commence development and construction of the Property, Petitioner intends to develop the self-storage facility consistent with the previously approved plans. Exhibit A LETO PART 118-39 B PART OF TRACT A DESCD AS,BEG AT MOST SLY SW COR OF TR A,NLY FOR 278.86,ELY 230.92 TO PT ON E/L, S ALG E/L 254.22,SW 16.37,WLY 215.07,W 4.98 TO POB,LESS A POR TR A FOR RAN DESC,BEG AT MOST SLY SW COR OF TR A,E 4.98 TO P/C ELY 215.07,NE 16.37,N 20.98,W 5 SW 40.09,SW 33.62,NW 44.69,WLY 117.28 TO P/T,W 4.66,S 17 TO POB I y All ..""."' --+;.•annv+�.--. 41r.4p3yi;ey _ �„x: Ilrar .ew'. t T" as a. I ; • ! 44, $10two I ` _.. r..� _ i Alai ,r.. . di '^ RESOLUTION NO. 2007-212 I A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE REQUEST MADE BY NECTARIA M. CHAKAS WITH THE LAW FIRM OF RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A., REPRESENTING THE PROPERTY OWNER, VALGARD OF STIRLING LLC, FOR AN EXTENSION OF SPECIAL EXCEPTION SE-23-06, APPROVED BY RESOLUTION 2006-133;VARIANCE VA-24-06,APPROVED BY RESOLUTION NO. 2006-134;AND SITE PLAN SP-22-06 APPROVED BY RESOLUTION NO. 2006-135, ALL APPROVED ON AUGUST 8, 2006, FOR PROPERTY GENERALLY LOCATED AT THE NW CORNER OF STIRLING ROAD AND (UNIMPROVED) SW 19T" COURT (ON THE NORTH SIDE OF STIRLING ROAD WEST OF 1-95, DANIA BEACH); PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 8, 2006, the City Commission approved the request for a special exception(SE-23-06)to allow a storage warehouse in the IROM(Industrial Research Office Marine) zoning district, by Resolution 2006-133 which will expire on February 8, 2008, for property generally located at the NW comer of Stirling Road and (unimproved) SW 19`h Court(on the north g Y g side of Stirling Road west of 1-95), in the City of Dania Beach; and WHEREAS, on August 8, 2006, the City Commission approved the request for variance VA-24-06 for the following: 1. to provide 28 self-storage parking spaces (Chapter 28, "Zoning", Article 6.21, "Off-Street Parking",requires 124 parking spaces for a storage warehouse); 2. to provide a 16 foot rear setback (Chapter 28, "Zoning", Article 18, "IROM", Section 18.60, "Area Requirements', (c)3 "Yards"requires 28 feet); and 3. to provide a 2 foot landscape buffer at front of property; (Chapter 26, "Vegetation", Article IV, "Landscaping", Sec. 26-51, "Perimeter landscape requirements for business, commercial and industrial properties",requires a 10 foot landscape buffer), for the property, by Resolution 2006-134 which expired on August 9,2007; and WHEREAS, on August 8, 2006,the City Commission also approved the request for a site plan (SP-22-06)to allow the construction of a 101,953 square foot self-storage/retail building, by Resolution 2006-135 which expired on August 9, 2007, for the property; and WHEREAS,Nectaria M. Chakas with the law firm of Ruden,McClosky, Smith, Schuster and Russell,P.A.is requesting extensions of the special exception,variance and site plan approvals until August 8, 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 dates for the approval of the special exception SE-23-06,variance VA-26-06 and site plan SP-22-06,until August 8,2008,are approved, with the following conditions: 1. High-parking demand retail uses (restaurant, bar,convenience store, medical office, bank, gym, and assembly uses)shall be prohibited. 2. Compliance with Fire-Marshal requirements prior to building permit approval. 3. Compliance with the following vegetation requirements: (a) Preservation of four Live Oak trees, three Gumbo Limbo trees, and two Strangler Fig trees. (b) Relocation of one Live Oak on-site. (c) Removal of six Live Oaks and one Tamarind tree determined by City Landscape Consultant to be dead as a result of Hurricane Wilma damage. (d) Removal of one Live Oak determined by the City Landscape Consultant to be incapable of surviving relocation; payment of$3,000 into the Tree Preservation Trust Fund. (e) Adding 7 new trees(Minimum 14' high, 8' canopy, and 3" caliper) for 45 new trees. (f) Posting$78,000.00 bond to reflect the value of the existing trees that are preserved on site and/or relocated. The bond will be refunded one year after Certificate of Occupancy if all the trees are still healthy and well maintained. If the trees are dead or dying(excluding hurricane or tropical storm damage verified by city staff), they must be replaced with the largest tree available in the same species and another one year of maintenance is required prior to the refund of the bond. 4. Dedication of five feet of right-of-way along west lot line for future sidewalk construction, including 2% pervious area waiver. 5. Construction of 24 foot wide drive to north lot line of Valgard parcel,final drainage plan to be approved by Public Services Director. 6. Four palm trees(20 foot starting height)to be planted between the north lot line and rear of the building. 2 RESOLUTION #2007-212 7. Extend screen wall to building (parallel with north lot line). 8. Installation of water pipe within utility easement to north lot line. Section 2. That 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 October 23, 2007. AJ--�11M��� AN ON MAYORUM I IONER ATTEST- 04 iG d LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORMA D CORRECTNESS: BY: �, TH MAS J A RO CITY ATTORNEY i 3 RESOLUTION #2007-212 • RESOLUTION NO. 2006-135 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE SITE PLAN REQUEST SUBMITTED BY BONNIE MISKEL,OF THE LAW FIRM OF RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A., REPRESENTING GARY HELDENMUTH, OWNER STIRLING SHELL, LLC, FOR PROPERTY LOCATED AT THE NW CORNER OF STIRLING ROAD AND (UNIMPROVED) SW 19TH COURT (ON THE NORTH SIDE OF STIRLING ROAD WEST OF I-95), 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,Bonnie Miskel,Esq.,with the law firm of Ruden,McClosky, Smith, Schuster &Russell,P.A.,representing Gary Heldenmuth,owner of Stirling Shell, LLC.,has applied for site • plan approval for the proposed construction of 101,953 square foot self storage/retail building for property located at the NW corer of Stirling Road and(Unimproved) SW 19`h Court(on the north side of Stirling Road west of I-95), Dania Beach; and WHEREAS, the Planning & Zoning Board on July 19, 2006, recommended that the City Commission grant the site plan request(SP-22-06),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 COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application(SP-22-06)for site plan approval,a copy of which is attached and made a part of this Resolution as Exhibit "A" is approved with the following conditions: . 1. High-parking demand retail uses(restaurant,convenience store,salon,medical office,bank, • etc.)prohibited. 2. Compliance with Fire-Marshall requirements (included in backup). 3. Compliance with City Landscape Consultant landscape/tree requirements: a) Preservation of four Live Oak trees,three Gumbo Limbo trees,and two Strangler Fig trees. b) Relocation of one Live Oak on-site. c) Removal of six Live Oaks and one Tamarind tree determined by City Landscape Consultant to be dead as a result of Hurricane Wilma damage. d) Removal of one Live Oak determined by the City Landscape Consultant to be, incapable of surviving relocation;payment of$3,000 into the Tree Preservation Trust Fund. e) Adding 7 new trees(Minimum 14' high, 8' canopy, and 3"caliper) for a total of 45 new trees. f) Posting$78,000.00 bond to reflect the value of the existing trees that are preserved on site and/or relocated. The bond will be refunded 1 year after inspection (Certificate of Occupancy)if all the trees are still healthy and well maintained. Ifthe trees are dead or dying they must be replaced with the largest tree available in the same species and another one year of maintenance is required prior to the refund of the bond. • 4. Dedication of five feet of right-of-way along west lot line for sidewalk construction, including 2%pervious area waiver. Installation of sidewalk prior to issuance of a CO. 5. Construction of 24 foot wide drive to north lot line of Valgard parcel, final drainage plan to be approved by the Public Services Director. 6. Four palm trees(20 foot starting height)to be planted between the north lot line and the rear of the building. 7. Extend screen wall to building(parallel to north lot line). 8. Installation of water pipe within utility easement to north lot line. 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. Section 2. That based upon the criteria set forth in Section 8-4(p)of.A ticle 1 of Chapter 8, of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically • 2 RESOLUTION#2006-135 • 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 August 8, 2006. - - A PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: 6An"(_W -WAO,-) LOUISE STILSON, CMC CITY CLERK • APPROVED AS TO�ORM AND CORRECTNESS BY: 1 l/ Intl/nl THOMAS J. ANS R CITY ATTORNEY 3 RESOLUTION#2006-135 . RESOLUTION NO. 2006-133 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY BONNIE MISKEL, OF THE LAW FIRM OF RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A., REPRESENTING GARY HELDENMUTH, OWNER STIRLING SHELL, LLC, FOR PROPERTY LOCATED AT THE NW CORNER OF STIRLING ROAD AND (UNIMPROVED) SW 19TH COURT, (ON THE NORTH SIDE OF STIRLING ROAD WEST OF 1-95), DANIA BEACH; FOR A SPECIAL EXCEPTION TO ALLOW A SELF-STORAGE USE IN AN "IROM" ZONING DISTRICT; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Zoning Code, Chapter 28, "Zoning", Article 18 "Industrial Research Office Marine",Section 18.40 provides that a storage warehouse is allowed in the IROM (Industrial Research Office Marine) zoning district as a special exception use; and WHEREAS,Bonnie Miskel,Esq.,with the law firm ofRuden,McClosky, Smith,Schuster & Russell, P.A., representing Gary Heldenmuth, owner of Stirling Shell, LLC. has applied for • approval to allow self-storage as a special exception use in an"IROM"zoning district,for property located at the NW comer of Stirling Road and (Unimproved) SW 19`h Court (the north side of Stirling Road west of I-95), Dania Beach; and WHEREAS, the Planning & Zoning Board on July 19, 2006 recommended that the City Commission grant the special exception request(SE-23-06), 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-23-06 filed by the applicant as identified above, • for a Special Exception to allow a self storage use within the IROM zoning district,a copy of which • application is attached and made a part of this Resolution as Exhibit "A", for property generally located at the NW corner of Stirling Road and (Unimproved) SW 19`"Court (on the north side of Stirling Road west of I-95), Dania Beach is approved, subject to the following conditions: 1. High-parking demand retail uses(restaurant,convenience store,salon,medical office,bank, etc.)prohibited. 2. Compliance with Fire-Marshall requirements(included in backup). 3. Compliance with City Landscape Consultant landscape/tree requirements: a) Preservation of four Live Oak trees,three Gumbo Limbo trees,and two Strangler Fig trees. b) Relocation of one Live Oak on-site. c) Removal of six Live Oaks and one Tamarind tree determined by City Landscape Consultant to be dead as a result of Hurricane Wilma damage. d) Removal of one Live Oak determined by the City Landscape Consultant to be incapable of surviving relocation;payment of$3,000 into the Tree Preservation Trust Fund. e) Adding 7 new trees(Minimum 14' high, 8' canopy,and 3"caliper) for a total of 45 • new trees. f) Posting $78,000.00 bond to reflect the value of the existing trees that are preserved on site and/or relocated. The bond will be refunded 1 year after inspection (Certificate of Occupancy)if all the trees are still healthy and well maintained. If the trees are dead or dying they must be replaced with the largest tree available in the same species and another one year of maintenance is required prior to the refund of the bond. 4. Dedication of five feet of right-of-way along west lot line for sidewalk construction, including 2% pervious area waiver. Installation of sidewalk prior to issuance of a CO. 5. Construction of 24 foot wide drive to north lot line of Valgard parcel, final drainage plan to be approved by the Public Services Director. 6. Four palm trees(20 foot starting height)to be planted between the north lot line and the rear of the building. 7. Extend screen wall to building(parallel to north lot line). S. Installation of water pipe within utility easement to north lot line. • Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are 2 RESOLUTION#2006-133 • repealed to the extent of such conflict. Section 3. That this Resolution shall be in force andtake effect immediatelyupon its passage and adoption. PASSED AND ADOPTED on August 8, 2006. "-,2—� PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO O AND CORRECTNESS: • BY: t 1 T OM S J.' ' BRO CITY ATTORNEY 3 RESOLUTION #2006-133 RESOLUTION NO. 2006-134 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY BONNIE MISKEL,OF THE LAW FIRM OF RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A., REPRESENTING GARY HELDENMUTH, OWNER STIRLING SHELL, LLC, FOR PROPERTY LOCATED AT THE NW CORNER OF STIRLING ROAD AND (UNIMPROVED) SW 19TH COURT (ON THE NORTH SIDE OF STIRLING ROAD WEST OF I-95), DANIA BEACH FROM CHAPTER 28, "ZONING', ARTICLE 6.21 "OFF-STREET PARKING',ARTICLE 18IROM,SECTION 18.60, "AREA REQUIREMENTS", AND CHAPTER 26, "VEGETATION", ARTICLE IV,"LANDSCAPING";PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Code of Ordinances.Chapter 28,"Zoning",Article 6.21,sets the off-street parking requirements for the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 18 "IROM", Section 18.60 sets the area requirements for the City of Dania Beach; and • WHEREAS,the Dania Beach Code of Ordinances, Chapter 26, "Vegetation", Article IV, "Landscaping", Section 26-51 sets the perimeter landscape requirements for business, commercial and industrial properties for the City of Dania Beach; and WHEREAS,Bonnie Miskel,Esq.,with the law firm ofRuden,McClosky,Smith, Schuster & Russell, P.A., representing Gary Heldenmuth, owner of Stirling Shell, LLC., has applied for a variance(VA-24-06) to allow the following: 1. To provide 28 self-storage parking spaces; (Chapter 28, "Zoning", Article 6.21 "Off-Street Parking", requires 124 parking spaces for a storage warehouse); 2. To provide a 16 foot rear setback; (Chapter 28, "Zoning", Article 18 IROM, Section 18,60"Area Requirements", (c)3 "Yards"requires 28 feet); and 3. To provide a 2 foot landscape buffer at front of property; ,(Chapter 26, "Vegetation", Article IV, "Landscaping", Sec. 26-51. "Perimeter landscape requirements for business, commercial and industrial properties", requires a 10 foot landscape buffer). for property located at the NW corner of Stirling Road and(Unimproved)SW 19`h Court(the • north side of Stirling Road west of I-95), Dania Beach; WHEREAS, the Planning & Zoning Board on July 19, 2006, recommended that the City Commission grant variance request VA-24-06,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-24-06, for a variance as described above from requirements in Chapter 28, "Zoning", Article 6.21, "Off-Street Parking", Chapter 28, "Zoning", Article 18"1ROM", Section 18.60"Area Requirements"and Chapter 26,"Vegetation",Article IN, "Landscaping", Sec. 26-51. "Perimeter landscape requirements for business, commercial and industrial properties"of the City of Dania Beach Code of Ordinances,a copy of which application is • attached and made a part of this Resolution as Exhibit"A",for property generally located at the NW corner of Stirling Road and(Unimproved)SW 19`h Court(on the north side of Stirling Road west of I-95), Dania Beach is approved, subject to the following conditions: 1. High-parking demand retail uses(restaurant,convenience store,salon,medical office,bank, etc.) prohibited. 2. Compliance with Fire-Marshall requirements (included in backup). 3. Compliance with City Landscape Consultant landscape/tree requirements: a) Preservation of four Live Oak trees,three Gumbo Limbo trees,and two Strangler Fig trees. b) Relocation of one Live Oak on-site. c) Removal of six Live Oaks and one Tamarind tree determined by City Landscape Consultant to be dead as a result of Hurricane Wilma damage. d) Removal of one Live Oak determined by the City Landscape Consultant to be incapable of surviving relocation;payment of$3,000 into the Tree Preservation Trust Fund. • e) Adding 7 new trees(Minimum 14' high, 8' canopy, and 3"caliper) for a total of 45 new trees. 2 RESOLUTION#2006-134 • f) Posting$78,000.00 bond to reflect the value of the existing trees that are preserved on site and/or relocated. The bond will be refunded 1 year after inspection (Certificate of Occupancy)if all the trees are still healthy and well maintained. If the trees are dead or dying they must be replaced with the largest tree available in the same species and another one year of maintenance is required prior to the refund of the bond. 4. Dedication of five feet of right-of-way along west lot line for sidewalk construction, including 2% pervious area waiver. Installation of sidewalk prior to issuance of a CO. 5. Construction of 24 foot wide drive to north lot line of V algard parcel, final drainage plan to be approved by the Public Services Director. 6. Four palm trees(20 foot starting height)to be planted between the north lot line and the rear of the building. 7. Extend screen wall to building(parallel to north lot line). 8. Installation of water pipe within utility easement to north lot line. Section 2. That based upon Section 10.13 of Article 10 of Chapter 28, of the Code of • Ordinances of the City of Dania Beach,the variance 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 August 8, 2006. PATRICIA44 A LURY � MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC • CITY CLERK 3 RESOLUTION#2006-134 APPROVED AS TO FORM AND CORRECTNESS BY: )` 1 - M A � THOM SJ. 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Why Action is Necessary What Action Accomplishes Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background SP-77-06ext: The applicant, Richard M. Mogerman, P.A. representing property owner BRI, LLC is requesting a six (6) month extension of a previously approved site plan for the property located at 47 North Bryan Road. Fiscallnii c costsummary Exhibits Attached . Resolution Staff Report Application Previous Resolutions Site Plan Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by F Norris Colvert Date Department Director F Norris Colvert Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use 1 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-128 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY RICHARD M.MOGERMAN,P.A.,REPRESENTING THE PROPERTY OWNER BRI, LLC, FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON FEBRUARY 12, 2008 AND EXPIRES ON JULY 23,2008)AND ASSOCIATED PERVIOUS AREA WAIVER, RELATING TO THE APPROVAL OF SITE PLAN REQUEST SP-77-06 BY RESOLUTION NO. 2007-014, FOR PROPERTY LOCATED AT 47 NORTH BRYAN ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,on January 23,2007,pursuant to Resolution No.2007-014,site plan approval for the proposed construction of a 264,000 square foot office/warehouse building,to be located at 47 North Bryan Road, Dania Beach, was granted, subject to conditions; and WHEREAS,on February 12, 2008,pursuant to Resolution No. 2008-030, an extension of the above approvals was granted until July 23, 2008; and WHEREAS, Richard M. Mogerman, P.A. representing BRI, LLC, is requesting a second extension of the approvals associated with the above described project relating to the site plan approval until February 10, 2009; and WHEREAS,Mr. Mogerman is also requesting to allow for extension of the 18%pervious area waiver associated with the approved site plan(Impervious Land Area Regulations Section 33-45 of the Dania Beach Zoning Appendix requires 30%); 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 dates of the site plan approval and associated pervious area wavier to February 12, 2009 is approved, subject to the following conditions: 1. Must provide signed copy of the recorded plat. Copy of plat received by the City dated 10-13-06 is not signed and recorded. Must be received prior to issuance of a building permit. 2. Fire Marshal is requiring an additional hydrant flow test be conducted after the new water main is installed. 3. Dania Beach Boulevard paving and landscape plan to be approved by the Public Services Director. Section 2. That @1 such approvals are su' ject to fhe coiiditions 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 12008. ATTEST: LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-128 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 12, 2008 TO: Ivan Pato, City Manager VIA: Norris Colvert, AICP, DirectoK'� FROM: Corinne Lajoie, AICP, Principal Planner C,e. SUBJECT: SP-77-06ext: The applicant, Richard M. Mogerman, P.A. representing property owner BRI, LLC is requesting a six (6) month extension of a previously approved site plan for the property located at 47 North Bryan Road. WAIVER OF PERVIOUS AREA To allow 18% pervious area; code requires 30%. SITE PLAN To allow the construction of a 264,000 s.f. office/warehouse building. On January 23, 2007 the City Commission approved this site plan with conditions. On February 12, 2008 the City Commission granted a six (6) month extension of the site plan approval, to expire July 23, 2008. .The applicant is now requesting extension of the approval for 6 months, until January 23, 2009. PREVIOUS CITY COMMISSION ACTION On January 23, 2007 the City Commission approved this site plan with conditions. On February 12, 2008 the City Commission a six (6) month extension of the site plan approval, to expire July 23, 2008. STAFF RECOMMENDATION At the discretion of the City Commission. If the City Commission chooses to extend any or all approvals, staff recommends said extensions are subject to conditions 1-3 below: 1. Must provide signed copy of the recorded plat. Copy of plat received by the City dated 10-13-06 is not signed and recorded. Must be received prior to issuance of a building permit (Planning Division). 2. Fire Marshal is requiring an additional hydrant flow test be conducted after the new water main is installed, prior to issuance of a building permit (Fire Marshal). 3. Dania Beach Boulevard paving and landscape plan to be approved by the Public Services Director; comments provided separately (954-924-3740). RICHARD M. MOGERMAN, P.A. ATTORNEYS AT LAW RICHARD M.MOGERMAN OF COUNSEL: Admitted in Florida and Pennsylvania MARK C.HOLMBERG E-Mail: marl:moe(albellsouth.net Admitted in Florida Real Estate Paralegal GIANNINA M.BRADLEY TRACY-ANN GRAY-NICHOLSON ELM, Estate Planning E-Mail: mi holso rmmna(¢�belsouth.net Admitted in Florida and North Carolina Litigation Paralegal FELICIA J.PIANIN E-Mail- faianin rmrapali),bellsouth.net rrra���u��¢¢¢ ` cn 5 11 lFq' qq ii July 8, 2008 JUl G s P008 Via Email: cchurchCwci.dania beach.fl.us , Ms. Corinne Lajoie, AICP Principal City Planner City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 i Re: 47 N. Bryan Road, Dania Beach, Broward County BRI LLC Site Plan - Extension of Expiration Dear Ms. Lajoie: Please be advised of this request for an extension of the expiration of the site plan for the above-referenced property. But for the extraordinary hardship caused by the existing Lender's failure and refusal to fund the construction draw(s) as required under the loan documents, these buildings would be substantially complete. Kindly advise us as to the proper procedure for this application and as to any fees required. Please note that the expiration date for the site plan, which has already been extended by six months from the original date, is July 23, 2008, Thank you for assistance in this matter. Should you have any questions, please do not hesitate to contact me. Very truly yours, Richard M. Mo erman SIGNED IN HIS ABSENCE TO AVOID DELAY Cc: Christine Lottier R:Vdy Do nanMCaents\BRI,LLC,w request extension of axp of site plan-07-08-08.doc 0 The Mellon Financial Center 0 150 South Pine Island Road 0 Suite 330 0 Plantation,Florida 33324 0 acsimile: 954-475-2212 0 OTelephone: 954 475-7171 00 F City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 Phone General Development Application www.daniabeachfl.gov ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment ❑ Plat h ❑ Plat Delegation Request ❑ RRezoningCY] I:l EN@ Date Rec'd: � �� V� �K Site Plan E*TI6�sIO� ❑ Special Exception JUL 2 3 20DB Petition No.: ❑ Trafficway Waiver ❑ Variance Planning ❑ Roadway Vacation ❑ Extended Hours 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 a obtain a building permit from the City's Building Department. Location Address: Lot(s): Block: Subdivision: kkk F Recorded Plat Name: Folio Number(s): Legal Description: p Applicant/Consultan Legal Representative circle one)Rtc.\1(��1D Address of Applicant: 1�eM o- i�o `FL •3• Business Telephone: +a5 . ( 11� y�Home: L Fax: Name of Property Owner: Address of Property Owner: Business Telephone: 'f1 S• 1 1 Home: Fax: Explanation of Request: c6lyb!E{L51 1( txt lQ 'I�J (11�5-r"91 For Plats please provide proposed Plat Name for Variances please attach Criteria statement as per ArUde 10.13 of Chapter 28, Zoning Code. Prop. Net Acreage: Gross Acreage: 3A � Prop. Square Footage: Existing Use: JNC Proposed Use:Guc�'--s-17 CZ Is property owned individual) b a corporation, ? `` of "Y, y poration, or a joint venture. L mi� AA o+I+ J U 1 RICHA" M. MOGERM^ P.A. ATTORNEYS AT LAW RICHARD M. MOGERMAN OF COUNSEL: Admitted in Florida and Pennsylvania MARK C.HOLMBERG E Mail: mxrkmob a cOsonth.net Admitted in Florida Real Estate Paralegal GIANNINA M. BRADLEY TRACY-ANN GRAY-NICHOLSON LL.M, Estate Planning E-Mail: tnicholson rmmpaQa bellsonth.net Admitted in Florida and North Carolina Litigation Paralegal FELICIA J.PIANIN E-Mail: fnixnin rmmoa(nlbellsouth.nc[ July 23, 2008 M9901 1 Via Hand Delivery JUL 2 3 2DDD Ms. Corinne Lajoie, AICP Principal City Planner City of Dania Beach Planning 100 W. Dania Beach Boulevard Department Dania Beach, FL 33004 Re: 47 N. Bryan Road, Dania Beach, Broward County BRI LLC Site Plan - Extension of Expiration Dear Ms. Lajoie: Please be advised of this request for an extension of the expiration of the site plan for the above'referenced property. But for the extraordinary hardship caused by the existing lender's failure and refusal to fund the construction draw(s) as required under the loan documents, these buildings would be substantially complete. Please note that the expiration date for the site plan, which has already been extended by six months from the original date, is July 23, 2008. We respectfully request an additional six (6) month extension to the end of January 2009. Included with this request, please find the following: • Application Fee: check in the amount of$250.00. • TEN (10) copies of the SITE PLAN • TEN (10) copies of the LANDSCAPE PLAN • TEN (10) copies of the FLOOR PLAN • TEN (10) copies of the COLOR RENDERINGSIELEVATIONS Thank you for assistance in this matter. Shourd you h e y questions, please do not hesitate to contact me. i �V tr ly o ,s, 1 Richard M. Mogerma Cc: Christine Lottier Lou Ann Cunningham R:VAy Documents\Clients\BRI,LLC\Ltr request extension of 2nd exp of site plan 07 2YOB.doc 0 The Mellon Financial Center 0 150 South Pine Island Road 0 Suite 330 0 Plantation, Florida 33324 0 Uelephone: 954-475-7171 00 Facsimile: 954-475-2212 0 RESOLUTION NO. 2007-014 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE SITE PLAN REQUEST SUBMITTED BY RICHARD M.MOGERMAN,P.A., ON BEHALF OF THE PROPERTY OWNER BRI, LLC, FOR PROPERTY LOCATED AT 47 NORTH BRYAN ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FORAN 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, Richard M. Mogerman, P.A., on behalf of the property owner BRI, LLC., is requesting site plan approval for the construction of a 264,000 square foot office/warehouse building to be located at 47 North Bryan Road, Dania Beach; and WHEREAS,the Planning and Zoning Board on November 15,2006,recommended that the City Commission grant the site plan request(SP-77-06),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 COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application(SP-77-06)for site plan approval,a copy of which is attached and made a part of this Resolution as Exhibit "A" is approved with the following conditions: I. Must provide signed copy of the recorded plat. Copy of plat received by the City dated 10- 13-06 is not signed and recorded. Must be received prior to issuance of a building permit (Planning Division). 2. Fire Marshal is requiring an additional hydrant flow test be conducted after the new water main is installed (Fire Marshal). 3. Dania Beach Boulevard paving and landscape plan to be approved by the Public Services Director;comments provided separately (954-924-3740). 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. Section 2. That based upon the criteria set forth in Section 8-4(p)of Article 1 of Chapter S. 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 adoption 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 January 23,2007. • �4ge, PATRICIA FLURY MAYOR-COMMISSIONER A EST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: i THOMAS/ . ANSBRO CITY ATTORNEY 2 RESOLUTION #2007-014 RESOLUTION NO. 2008-030 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE REQUEST MADE BY RICHARD M. MOGERMAN,P.A.,ON BEHALF OF THE PROPERTY OWNER BRI,LLC,FOR AN EXTENSION OF SITE PLAN SP- 77-06, APPROVED BY RESOLUTION NO. 2007-014 ON JANUARY 23, 2007, FOR PROPERTY LOCATED AT 47 NORTH BRYAN ROAD,IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 23,2007,the City Commission approved a request for a site plan (SP-77-06) to allow the construction of a 264,060 square foot office/warehouse building, by Resolution 2007-014, which expired on January 23, 2008, for property located at 47 North Bryan Road, Dania Beach;and WHEREAS, Richard M. Mogerman, P.A., on behalf of the property owner BRI, LLC, is requesting an extension of the site plan approval until July 23,2008; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the request to extend the expiration date for the approval of site plan SP- 77-06 until July 23,2008, is approved, with the following conditions: I. Applicant must provide signed copy of the recorded plat, prior to issuance of a building permit (Planning Division). 2. The Fire Marshal requires an additional hydrant flow test to be conducted after the new water main is installed. 3. Paving and the landscape plan are to be approved by the Public Services Director. Section 2. That such approval is also 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 i 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 February 12, 2008. ErOg A 0 MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FOR AND CORRECTNESS: BY: TH AAS J AN BRO CITY ATTORNEY 2 RESOLUTION 42008-030 CITY OF DANIA BEACH Agenda Item # 9. 10 Agenda Request Database Date of Commission Meeting: 8-12-2008 Public Hearing 0 Adopt Resolution FRI Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: itetlue,,WAdfibn .(taenfMap teAdion+arNMion) RESOLUTION NO.2008-129 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY MICHAEL GRIMALDI,OFFICER,M.P.V.INVESTMENTS INC.,FROM CHAPTER 28,"ZONING",ARTICLE 28,"SIGNS", FOR PROPERTY LOCATED AT 135 EAST DANIA BEACH BOULEVARD, DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. why,Acfiom is Nec ary What Action Accomplishes Purchasing Requests ONLY Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Ei(planation/Background VA-40-08: The applicant, M.P.V. Investments Inc, is requesting a variance for the size, number and location of wall signs at the Villa L'Homme Motel located at 135 East Dania Beach Boulevard. Fiscal hnpacMCost Summary A Exhiblid Attached Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Color Rendering of Sign Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Authorized Signatures Submitted by F Norris Colvert Date Department Director F Norris Colvert Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use Commission Action: Approved: 0 Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-129 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY MICHAEL GRIMALDI. OFFICER, M.P.V. INVESTMENTS INC., FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTY LOCATED AT 135 EAST DANIA BEACH BOULEVARD, DANIA BEACH; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning'. Article 28, "Signs"prescribes the signage regulations for properties within the City of Dania Beach; and WHEREAS,Michael Grimaldi,an Officer of M.P.V.Investments Inc.,which is the property owner at 135 East Dania Beach Boulevard, is requesting a variance: 1. To allow a wall sign that is 4 feet high (Chapter 28 "Zoning', Article 28 "Signs" allows a maximum height of 2 '/2 feet). 2. To allow a 32 square foot wall sign on each side of an existing structure,totaling 64 square feet(Chapter 28 "Zoning', Article 28 "Signs' allows a maximum of 22 square feet). 3. To allow for two flat wall signs (Chapter 28, "Zoning', Article 28, "Signs" allows one flat wall sign per building occupant). 4. To allow for a sign to be located above the roof of the building(Chapter 28"Zoning-',Article 28, "Signs"requires flat wall signs be located below the roof); and WHEREAS,the Planning&Zoning Board on June 18, 2008, made a recommendation for each of the variance requests as follows: 1. To allow a wall sign that is 4 feet high (Chapter 28 "Zoning`, Article 28 "Signs" allows a maximum height of 2 '/I feet). The board recommended denial. 2. To allow a 32 square foot wall sign on each side of an existing structure,totaling 64 square feet (Chapter 28 "Zoning', Article 28 "Signs" allows a maximum of 22 square feet). The board recommended denial. 3. To allow for two flat wall signs (Chapter 28, "Zoning', Article 28 "Signs" allows one flat wall sign per building occupant). The board recommended approval. 4. To allow for a sign to be located above the roof of the building; (Chapter 28 "Zoning", Article 28 "Signs" requires flat wall signs be located below the roof). The board recommended approval. The above recommendations were 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 those certain applications VA-40-08 from requirements in Chapter 28, "Zoning", Article 28, "Signs" of the City Code of Ordinances are as follows: 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 2008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION 42008-129 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: August 12, 2008 TO: Ivan Pato, City Manager /� VIA: Norris Colvert, AICP, Director` /- ' FROM: Kristin Dion, Planner REQUEST: VA-40-08: The applicant, M.P.V. Investments Inc, is requesting a variance for the size, number and location of wall signs at the Villa L'Homme Motel located at 135 East Dania Beach Boulevard. PROPERTY INFORMATION ZONING: TOC-1 (Transit Oriented Corridor) LAND USE DESIGNATION: LAC (Local Activity Center) OVERLAY DISTRICT: Principal Arterial Design Standards Overlay, Community Redevelopment Agency (CRA), & Downtown Redevelopment District VARIANCE 1. To allow a wall sign that is 3 feet high, code allows a maximum height of 2 % feet. 2. To allow a 21 square foot wall sign on each side of an existing structure, totaling 42 square feet; code allows a maximum of 22 square feet. 3. To allow for two flat wall signs; code allows one flat wall sign per building occupant. 4. To allow for a sign to be located above the roof of the building; code requires flat wall signs be located below the roof. The applicant is requesting the above variances for approval of an existing sign that has been in place for multiple years. The sign was installed without a permit, and the applicant has been cited by Code Compliance. The motel structure was originally built with the wall protruding 8 feet, 7 inches above the roof line for the purpose of displaying a sign. The applicant wishes to utilize this portion of the structure to erect a sign, however code requires flat wall signs to be located below the roof. The building has a linear building frontage of 22 feet; code allows 1 square foot of signage per each linear foot of frontage. Therefore the 42 square foot sign exceeds the maximum size allowable, 22 square feet. Pursuant to the Planning and Zoning Board recommendations, the applicant has resized the sign to 21 square feet, which is less than the 22 square feet code allows. The graphic has also been altered slightly by adding a decorative border and decreasing the font size. However, the applicant is requesting a sign that is 3 feet high by 7 feet long, code permits a maximum height of 2 '/z feet. The applicant feels the height of 2 '/z foot height is not adequate and looks misplaced on the building wall. PLANNING AND ZONING BOARD RECOMMENDATION On June 18, 2008, the Planning and Zoning Board recommended the following: 1. The height of the sign be reduced to the maximum allowed by code of 2 '/2 feet. 2. The area of the sign be reduced to the maximum allowed by code of 22 square feet. 3. Allow 2 flat wall signs, provided the applicant works with staff to redesign the sign. 4. Allow a sign located above the roof of the building, provided the applicant works with staff to redesign the sign. STAFF RECOMMENDATION The CRA Director has reviewed the application and has no comments. At the discretion of the City Commission. CITY OF DANIA BEACH 0 COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE REVIEW SfTE%PLAN A MEN3SaF ANY Route Date 7/14/2008 JUL Y 8 M PZ Log A-40-DB Project MPV Investment Inc Folio Villa L'Homme Motel Sign Variance P i a n n ing Department PLEASE REVIEW THE ABOVE REFERENCEDLODEC I FUN Lrru3mmt 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 ❑ Public Services ❑ Planner ❑ Other Consultants ❑CGA Approved as submitted Denied [1 Comments must address prior El w/conditions 1-1to PZ/Commission hearing List Conditions 7-25— 08 Signature Date Jet-%`r ALE Print Name y —_--_--_--- _ -'Y_---___ (954) 924-36-45 Phone c �.darr6alpeachft.gov Ge--iera€ DeveE€ pment ArPPiicatiOn ❑ Administrative variance ❑ AssignMerrt of Flex/Reserve grits ❑ Laird Use Amendment D Plat Plat DeFegation Request IM KEMP Date Rec'd€ [--I Rezoning :3 site Plan WAY 1 4 Petition No.: _ 0� Special Exception ca Traffiowaywaiver Planning g -+tarias�ce Depart d t Roadway Vacation D Extended Flours OtErer: TF€IS APPLI:A-1JG l WILL NOT SE ACCEPTED UNTIL IT IS C€ MPLETE AND SUBN I`l7ED WITH ALL NECESARRY DOCUMENTS, Refer to the application type at the top of this form and -Required Documentation"chaddist to determine the supplemental documents required with each application. For after the fay applications, the responsible contractor of record shall be present at the board haarinig. Their failure to attend may impact upon the disposition of Your aPOc3tion. As alv'rays, the applicant or their authorized legal agent must be present at all me t ngs. AI projects mug also obtain a building permit from the Cup's Building Deparment. g Location Addr2_s: i ot(s): @` Block: Subdivision: Recorded Plat Name: �a G h t; o ! Folio Number(s): _ � � � Legal Description: C1 � '� rF� aq/- .� rde one) pplican�'Cansulthnt%Legal Representative (ci Address or .,pplicant: � 3J; Ll Q Business Telephone:° � J G�_1��dome: �� � �i 3-� - � Fax: Name of Property owner: Address of Property Ownee-r. I i3c�C BusinessTelephone:C5`T 'q> .,,�Home: 954�2;� fy-?—Fax: L3 Explanation of Request: For Pia p/ease provide proposed Plot f�arna for i✓ararsces p/ease aitach Criteria 57ta:er*e17E as per Arr�cle 10.13 of Chapter 28 Zoning Code. Square lr �JF Prop. Net Acreage: Gross Acreage: 'l Prop. Footage: , OJ r -3 0/ EXiSting Use: Proposed Use Is property owned individually, by a corporation, or a join=venture? , I understand that site plan and variance approval automatically expires within 12 y months of C� Co€ mission approval, pursuant to Ordinan{/c'e No. 2005-W. Applicant/c rrler signature Print Narnelritc o=�ICK APPLICANT, CONSULTANT, OR LEGAL P-EPRESENTAT VE NOTARIZED SIGNATURE Sworn to and subscribed before me ApplicantiConsultant/Representative: off`` This day of ,7 l Signature: Dater / Sign Name of Notary Public (Print Name) State of ( ) �� ✓� p. Print Na of Notary Street Address, city, State and Zfp Code fsi 1. Gross A f36TE&Y t'OgL€CSTE� f .� � ~J weNe4� to GTkU� ( �ll' '[ Comnissti3s: Av � gg / �� , Seal: =R 03,EQf il es: 3�AR PQ lephone No. Fax No. ra sae M CsoioszarAm aaxD�2��-�rrxh INDMDUAL OwNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (ApplicantJConsultan t/RepresentaIIve) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This_day of ZD_ 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. coRP€}RATIO N 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 authorised ofncer, have authorized (Applicant/Consultant/Rep �,Z to make and 7 the foresaid application. Sworn to and subscribed before me Corporation Name: 1 II ; This i�a day of Signature: Date: 'Sign Name of Notary Public (Print Title) State of( / ) J ant Name of Norry Street Address, City, State and Zip Code ?.r C� f q.2 2 j bye�- t/- v� 5 40 Telephone No. &Fax No. rw2i?3t H. �t'asaeissoaiFBB76M44 s: ham.08,2012 Hun3L11 dT1.161Q2!C B�PilIF7G R2,ffiC 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 (Applican`/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me This _day of zo_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Telephone No. & Fax No. Seal: **Each partner must s€gn. Attach dupEicate sheets as required. Broward County Property Appraiser's Network Page I of 1 if you are looking to purchase fnis property,the tax amount L re tq t j shown may have no relationship to the taxes you will pay. It you are lookinc to purchase this property and are not using . P""i;'ity to transfer any capped savings, please use our Tax CtuNT,�. IMPORTANT:t Estimator to determine a more likely estimate of your new amount.k`trou own a home inFlorida,and m to see how much Portability will save you try our Portability Estimator. MCFA now Click here to display your 2007 Tax Bill. Elaj�jing'yAdks 135 E DANIA BEACH BOULEVARD , DANIA BEACH ID# 5D42 34 12 D050rM P V INVESTMENTS INC Millage 0413 417 E SHERIDAN ST STE 202 DANIA BEACH FL 33D04-4603 Use 39 LeaaE BEACHWAY 8-33 B LOT 7,8,9,10,11,LESS ST RD BLK 2 Descrlptlon Property Assessment Values Year Land Building Land Value AG .lust Value Tax Current $127,5DD $158,550 $286,050 2007 $127,500 $158,550 $266,050 $7,190.49 2006 $108,360 $137,870 $246,250 $6,455.47 Assessed/ Exemptions SOH Value Type VtOd/Vet/Dis 1st Homestead 2nd Homestead Non-Exempt $286,050 $286,050 $286,050 2007 Assessed I SOH Value $246,250 2006 Assessed/SOH Value Sales History Land C=_€culat{cnS Dace Type Price Book Page Price Factor Type 8/1/1993 D $245,DDD 21002 947 $1,DOD 127.50 FF 5/1/1991 W $194,0DD 2/1/1985 QC $1DD 111111975 W $B5,DD0 Adj. Bldg.S.F. (See Sketch) 3894 Eff.Year Built 1949 Special Assessments Garbage LlgPrt Drainage improvement Sari Fire g - 04 DS R IDS 12 18.4 Pt:zsa t4ote:Ass-ssad value=-shxsn a:e NOT c-rifi-d values and are v:bjecl to change b=--'lore inal c '—'rjmtlon mr ad valorem tax purposes. littp://www.bcpa.net/RecIrifo.asp?LTRL_Folio=504234120050 4/15/2008 Page 1 of 1 Building 1 of 2 Next r" Code Desc TT° COMI Base Commercial ON3 Overhang 1/3 -�—r� PO3 Porch .3 val 7s— E r_ ,s J eu Go t co6N {< J k r http://wzvv✓.bcp a.net/RecSketch.asp?F olio=50423 412005 0 4/15/2008 J � � I 33�II � I 8 3 y m 1 i x • 0 i Frank Kunzig addressed the board commenting that some revisions were made between himself and Mr. Oberholtzer and that be has a notarized copy to submit to the board. Hearing no one and seeing no one further, the public hearing was closed. Motion made by Lottye Crooms, seconded by Edward Bourgeois to recommend approval of site plan SP-74-07 with staff conditions and the conditions of the notarized agreement between Mr. Kunzig and Mr. Oberholtzer. Motion passed on the following roll call: Edward Bourgeois — yes Lottye Crooms yes Angeline Flowers yes Patrick Schilling — yes Paul Fetscher — yes 2) VC-39-08 — Vacation of a 24 foot access easement by Rod A. Feiner, Attorney representing Frank Kunzig, for property located at 2981 Ravenswood Road,Dania Beach. Corinne Lajoie, AICP, Acting Community Development Director, addressed the board requesting to establish a private easement for the use of this property alone. The easement would no longer be a public easement for the comnnunity but a private easement for this development only and the private easement would be for public safety vehicles only. Attorney Rod Feiner reiterated that the adjacent property owner does have additional access to their property on SW 23rd. The basis for this action is so that a 24 foot access becomes the equivalent of a public road and will run in perpetuity with the land. Chairman Fetscher opened the item for public continent, hearing no one and seeing no one, the public hearing was closed. Motion made by Edward Bourgeois, seconded by Angeline Flowers to reconunend approval of the vacation request VC-39-08 with the condition that a private easement be established for safety vehicles only and the development only. Motion passed on the following roll call: Edward Bourgeois — yes Lottye Crooms yes Angeline Flowers yes Patrick Schilling — yes Paul Fetscher — yes 3) VA-40-08 — Variance request by property owner Michael Grimaldi, Officer, M.P.V. Investments Inc., for property located at 135 East Dania Beach Blvd., Dania Beach to allow the following: 1. To allow a wall sign that is 4 feet high (Chapter 28 "Zoning', Article 28 "Signs" allows a maximum height of 2 ', feet). 2. To allow a 32 square foot wall sign on each side of an existing structure, totaling 64 square feet (Chapter 28 "Zoning', Article 28 "Signs' allows a maximum of 22 square feet). 3. To allow for two flat wall signs (Chapter 28, "Zoning', Article 28 "Signs" allows one flat wall sign per building occupant). 4 June 18,2008 VA-40-08 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, August 12, 2008 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: VA-40-08 — Variance request by property owner Michael Grimaldi, Officer, M.P.V. Investments Inc., for property located at 135 East Dania Beach Blvd., Dania Beach to allow the following: 1. To allow a wall sign that is 4 feet high (Chapter 28 "Zoning", Article 28 "Signs" allows a maximum height of 2 '/ feet). 2. To allow a 32 square foot wall sign on each side of an existing structure, totaling 64 square feet (Chapter 28 "Zoning", Article 28 "Signs" allows a maximum of 22 square feet). 3. To allow for two flat wall signs (Chapter 28, "Zoning", Article 28 "Signs" allows one flat wall sign per building occupant). 4. To allow for a sign to be located above the roof of the building; (Chapter 28 "Zoning", Article 28 "Signs"requires flat wall signs be located below the roof). Property is legally described as: Lots 7, 8, 9, 10, and 11 less the south 50.00 feet thereof for Road Right-of-Way, Block 2 of`Beachway"according to the Plat thereof, as recorded in Plat Book 8, Page 33 of the Public Records of Broward County, Florida. Copies of the proposed request 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:D0 p.m., Monday — Friday, please call (954) 924-6805 x3645 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 Clerk's office, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-6800 x3623, 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 a 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 Mailed: Friday, August 1, 2008 See Reverse side of this notice for a location map of the site Location Map: RS-8000 NE ZN6 si NW 2NDST RD-8000 RS-6000—= OS C m O O > v /y?� o ' W C-2 O V Z u R NE IBT BT 0 Q Z NW iST ST p H TOD—= RD-8000 p C-2 w ++ d Z NE tSi TER C W N a � Proposed site s TOC-7 E DANIA BEACH BLVD K W DANIA BEACH BLVD w Pus El w F a ¢pK a ry x a CD 0 Eon m N E 0 N M V O coLp N J CD > > m O ` 0 C r N r r ti t Lo In N ` O Cl) @ CO r 00 co O M o 0 0 (00 N co � OJ V T co a a U) J M u7 O r V V N V V -Z M N N O N r r Cl) M O fA LL Op p) 0 6) 0 0 V 0 V 0 N O O o J 0 0 m m � LL Cl) O N N ` N 0 0 0 0 0 0 C UO O O O O O O O M O O O LL N M J J r W O M M O O N p 0 0 CM') M M co M M M M M CMS U) M M LL LL Q J Oo MO M IL W JJ JJ p LL LL LL J LL LL LL LL LL LL LL LL L. 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He noted the City placed a lien on his house for the full cost of the sidewalk after he appeared before the Commission earlier this year, and asked the Commission to remove the lien on his house. Mayor Jones noted the Commission directed staff not to place a lien on the property and to set up a payment plan. Commissioner Flury remembered that the Commission allowed Mr. Schaffer to have time to pay the loan. She thought he would have to get an attorney to release the lien. Commissioner Flury further noted that this was a mistake on the part of the City and suggested removing the lien on his property and waiving the remainder of the sidewalk repair costs. Commissioner Flury motioned to remove the lien as soon as possible, and stop any payments owed to the City for the sidewalk repairs; seconded by Vice-Mayor Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes CITY OF DANIA BEACH DEPARTMENT OF FINANCE MEMORANDUM TO: Ivan Pato, City Manager / Memo: DF-08-24 FROM: Patricia Varney, Director of Finance ; �) DATE: August 7, 2008 (� SUBJECT: Payment schedule for 50-50 sidewalk In September 2005, the City created a data base to track the 50-50 sidewalk program. The data base tracks the following information when the resident was notified of the cost, the payment due date and whether the amount is paid or whether the property being fixed by the owner themselves. The records show 228 properties referred to the 50150 Program with almost 87% being repaired in partnership with the homeowner. The summary is as follows; 1) 2 properties are fixed by the owners 2) 15 properties are notified but the amount is not due yet. 3) 3 properties did not pay and City has not repaired the properties yet. 4) 2 properties are waiting for Code to send out the letter. 5) 18 properties are lien (sidewalks repaired by City) 6) 7 liens are in process (sidewalks repaired by City) This summary reflects that 12.3% did not pay nor did the owner fix the properties. Most property owners' share of the cost is approximately $465. However, due to commercial properties and some larger than usual repairs the median cost is $785. The current 50-50 program provides the owner 60 days to either pay the 50% cost or to fix the property. Staff recommendation for the payment plan is as follows: 1) Up to $600 — pays within 60 days from the date of letter. 2) $601-$1500 — 5 monthly payments from date of letter, interest free. 3) $1,501 and above — 8 monthly payments from date of letter, interest free. Should the Commission approve the above payment plan, staff will revise the notification letter to the owner to indicate that any costs above $600 and would like to participate in the payment plan, the owner must contact the City within 10 days of the date of the letter. At that time, staff will set up the monthly payment due date. The payment plan will be voided should the monthly payment is not made within 5 days of the scheduled date. The City will issue a letter to the owner requesting full payment of the remaining balance or that a lien will be placed on the property. Item #11.3 City of Dania Beach Vision Statement "Established in History, Preparing for Tomorrow" Mission Statement "Dania Beach is committed to providing a unique small-town quality of living for all of its residents and guests. We do so by maintaining beautiful neighborhoods and vibrant commercial centers throughout the City while being fiscally responsible and having a diverse population and business community."