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HomeMy WebLinkAbout103651 - AGENDAS - City Commission Packets AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING TUESDAY, OCTOBER 28, 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/ROLL CALL 2. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Juan Cuevas, Maranatha Ministries 3. PRESENTATIONS AND SPECIAL EVENT APPROVALS 3.1 Fee Waiver Request for the Lion's Club of Dania Beach Installation/Officers Breakfast Meeting to be held at I.T. Parker Community Center on November 15, 2008—Kurt Ely 3.2 Fee Waiver Request for the American Legion Auxiliary Unit 9304 Fundraiser Banquet to be held at I.T. Parker Community Center on May 17, 2009—Kurt Ely 3.3 Special Event Request for the Harbour Towne Marina Dry-Storage Expansion Groundbreaking Ceremony to be held at Harbour Towne Marina, 801 NE 3ra Street on Wednesday, October 29, 2008, 11:00 a.m. — 1:00 p.m. 4. PROCLAMATIONS 5. CITIZEN COMMENTS Dania Beach City Commission Agenda—October 28, 2008 Page 2 of 7 Addressing the Commission: Comments by Dania Beach citizens, or other interested parties that are not part of the regular agenda, may be made during each Commission meeting during the period set aside for"citizen comments." A thirty(30)minute"citizen comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine, on a meeting by meeting basis, whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. 6. PUBLIC SAFETY REPORTS 6.1 BSO Air Cards—Chief Peterson 7. CONSENT AGENDA 7.1 Minutes: Approve Minutes of October 8, 2008 Site Plan Review Workshop Approve Minutes of October 14, 2008 City Commission Meeting 7.2 Travel Requests: Request of Colin Donnelly, Assistant City Manager, to attend the National League of Cities Conference in Orlando, Florida on November 12-14, 2008 (Estimated cost $521; remaining balance$5,779) 7.3 Motion allowing Michele Mellgren of The Mellgren Planning Group to add additional subconsultants to her current contract with both the City of Dania Beach and the CRA for the CRA Redevelopment Plan Modification. The consultants to be added, at no additional cost to the City or CRA, are Integra Resources Inc., Kimley-Horn and Associates, and Carras Community Investment Inc. Resolutions 7.4 RESOLUTION#2008-202 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE SALT WATER CONVERSION SYSTEMS FOR C.W. THOMAS AND P.J. MELI POOLS IN AN AMOUNT NOT TO EXCEED $29,000.00 FROM CHAMMP POOL INC.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—October 28, 2008 Page 3 of 7 7.5 RESOLUTION#2008-210 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM THE BROWARD SHERIFF'S OFFICE, DEPARTMENT OF FIRE-RESCUE, IN AN AMOUNT NOT TO EXCEED $30,000.00 FOR FISCAL YEAR 2008-2009, FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2008-211 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM MEMORIAL REGIONAL HOSPITAL IN AN AMOUNT NOT TO EXCEED $30,000.00 FOR FISCAL YEAR 2008/ 2009, FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2008-212 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO OBTAIN ENGINEERING SERVICES DURING CONSTRUCTION FOR THE PUBLIC SERVICES ADMINISTRATION BUILDING; MAKING FINDINGS; AUTHORIZING A WORK ORDER FOR $251,397.00 FOR ENGINEERING SERVICES TO BE PERFORMED BY CAMP DRESSER AND MCKEE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING FOR ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2008-213 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT RELATED TO FLORIDA DEPARTMENT OF EDUCATION 218' CENTURY COMMUNITY LEARNING CENTERS (2008-2009) IN THE APPROXIMATE AMOUNT OF $280,000.00, TO PROVIDE FUNDING FOR AN AFTER SCHOOL TUTORING PROGRAM KNOWN AS "TIME-FOR-KIDS" AND FOR SUMMER CAMP; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT UPON ITS AWARD, AUTHORIZING THE DIRECTOR OF FINANCE TO APPROPRIATE THE FUNDING UPON AWARD; AUTHORIZING EXTENSIONS, IF NEEDED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—October 28, 2008 Page 4 of 7 7.9 RESOLUTION#2008-214 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE AGREEMENT EXISTING BETWEEN AFTER SCHOOL PROGRAMS, INC ("ASP'). AND THE CITY OF DANIA BEACH IN CONNECTION WITH THE TIME-4-KIDS PROGRAM, AN AFTER SCHOOL PROGRAM AND THE 2009 SUMMER PROGRAM; SUCH AMENDMENT TO PROVIDE THAT ASP SHALL PROVIDE STAFFING TO COMPLY WITH THE REQUIREMENTS OF LAW AS ADMINISTERED BY THE 21" CENTURY COMMUNITY LEARNING CENTERS OF THE FLORIDA DEPARTMENT OF EDUCATION; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 8. BIDS AND REQUESTS FOR PROPOSALS 8.1 RESOLUTION#2008-203 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF CONTRACT FOR THE DANIA WESTLAWN CEMETERY AND DANIA MEMORIAL PARK CEMETERY MAUSOLEUMS; AUTHORIZING THE AWARD TO JMW CONSTRUCTION CORPORATION FOR CONSTRUCTION ACTIVITIES IN THE AMOUNT OF $705,000.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9. PUBLIC HEARINGS 9.1 ORDINANCE#2008-029 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES; AMENDING CHAPTER 28 "ZONING," ARTICLE 18 "INDUSTRIAL RESEARCH-OFFICE-MARINE (IROM) DISTRICT," SECTION 18-30 "PROHIBITED USES" IN ORDER TO CORRECT A SCRIVENER'S ERROR CONCERNING THE REGULATION OF ADULT USES WITHIN THE INDUSTRIAL RESEARCH-OFFICE- MARINE (IROM) DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Dania Beach City Commission Agenda—October 28, 2008 Page 5 of 7 9.2 RESOLUTION#2008-204 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, FOR A FOURTH EXTENSION RELATING TO THE REQUEST FOR APPROVALS SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM, ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING HOLLYWOOD INVESTMENTS GROUP, I, LLC, FOR VARIANCE VA-03-06 GRANTED BY RESOLUTION 2006-105; SPECIAL EXCEPTION USE SE-03-06 GRANTED BY RESOLUTION 2006-106; VACATION VC-03-06 GRANTED BY RESOLUTION 2006-112; AND SITE PLAN REQUEST SP-03-06 GRANTED BY RESOLUTION 2006-107, FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENI, FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE 1ST COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.3 RESOLUTION#2008-205 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY SHMAYA WAKS, FOR PROPERTY OWNER ARIEL EDELSBURG OF N & D HOLDINGS, INC. FOR PROPERTY LOCATED AT 3325 GRIFFIN ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.4 RESOLUTION#2008-206 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY PROPERTY OWNER JORGE FALLAD, ORNAMENTAL DESIGNS, FOR PROPERTY LOCATED AT 102 NORTH FEDERAL HIGHWAY, DANIA BEACH; FROM CHAPTER 28, "ZONING", ARTICLE 6.21 "OFF- STREET PARKING'; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.5 RESOLUTION#2008-207 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY PROPERTY OWNER JORGE FALLAD, ORNAMENTAL DESIGNS, FOR PROPERTY LOCATED AT 102 NORTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.6 RESOLUTION#2008-208 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION REQUEST (VC-66-08) SUBMITTED BY WILLIAM STAMM, PROPERTY OWNER, TO VACATE A 40 FOOT BY 200 FOOT ALLEY LOCATED ALONG THE Dania Beach City Commission Agenda—October 28, 2008 Page 6 of 7 EASTERN PROPERTY LINE OF VACANT PROPERTY LOCATED ON SW 4TH COURT IN THE CITY OF DANIA BEACH, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.7 RESOLUTION#2008-209 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION REQUEST (VC-67-08) SUBMITTED BY LINDA SOCOLOW, ESQUIRE WITH THE FIRM SHUTTS & BOWEN, LLP REPRESENTING HARBOUR TOWNE ASSOCIATES, INC. TO VACATE AN EXISTING 10 FOOT WIDE BY 600.07 FOOT LONG FLORIDA POWER AND LIGHT (FPL) EASEMENT LOCATED ALONG THE EASTERN PROPERTY LINE FOR PROPERTY LOCATED AT 801 NE 31LD STREET IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 10. DISCUSSION AND POSSIBLE ACTION 10.1 Discussion on placing the Solid Waste Assessment on the Property Tax Bill, as opposed to the Water and Sewer Bill—Finance Director 10.2 Discussion of 2009 CDBG Applications—Assistant City Manager 10.3 Discussion of December 23, 2008 City Commission meeting 11. COMMISSION COMMENTS 11.1 Commissioner Anton 11.2 Commissioner Bertino 11.3 Commissioner Flury 11.4 Vice-Mayor Castro 11.5 Mayor Jones 12. APPOINTMENTS 12.1 Airport Advisory Board (15 Members—3 per Commissioner—2 Year Term) Commissioner Anton— 1 appointment Commissioner Bertino— 1 appointment Commissioner Flury— 1 appointment Dania Beach City Commission Agenda—October 28, 2008 Page 7 of 7 12.2 Grant Advisory Board (5 Members — 1 per Commissioner— Term consistent with the duration of the term of the appointing Commissioner) Commissioner Bertino— 1 appointment 12.3 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Vice-Mayor Castro— I appointment 12.4 Marine Advisory Board (15 Members—3 per Commissioner—2 Year Term) Mayor Jones— 1 appointment 12.5 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 Thursday, October 30, 2008 —6:00 p.m. Police and Fire Department Facility and Equipment Needs Workshop Wednesday,November 5, 2008—4:00 p.m. CRA Board Meeting Wednesday,November 12, 2008—7:00 p.m. City Commission Meeting Thursday,November 20, 2008—6:00 p.m. Abatement Hearing Tuesday,November 25, 2008—7:00 p.m. City Commission Meeting 14. ADJOURNMENT Page 1 of 1 Nasser, Miriam From: Felicetty, Mark Sent: Tuesday, October 14, 2008 11:35 AM To: Nasser, Miriam Cc: Jones, Kristen Subject: additional quotes Hi Miriam: I put the 2 additional Adler Playground quotes in your mail box this morning. ere are 2 fee waivers for the I.T7MT9rMMWM, "WR6r7dVislory Board. 1. Dania Beach Lion's Club for November 15, 2008 2. American Legion for May 17, 2009 Thanks 10/14/2008 Page 1 of 1 Nasser, Miriam From: VanNoorden, Kathy Sent: Thursday, October 16, 2008 10:15 AM To: Nasser, Miriam Subject: Special Event Miriam, I may have asked you to do this already but I am just double checking. Can you put the Harbour Towne Groundbreaking Celebration on the next agenda. The event is on October 29th from 11:00 to 1:00. Thanks. Kathy Herman Executive Assistant to the City Manager City of Dania Beach 954 924.6800 ext. 3606 kvannoorden@ci.dania-beach.fl.us 10/16/2008 3. 3 City of Dania Beach 100 West Dania Beach Blvd., Dania Beach, FL 33004 SPECIAL EVENTS APPLICATION - Events on PRIVATE / PUBLIC PROPERTY Please PRINT or TYPE Event Name, Date, and Time: Harbour Towne Marina dry-storage expansion groundbreaking ceremony Thursday, 10:00 AM—12 Noon �r Ine tQ ¢�� 9� (O ark `Brief Description of the Event: Groundbreaking Ceremony (� Address/Location of Event: Harbour Towne Marina 801 Northeast Third Street Dania Beach, FL 33004 Event Coordinator: Martha O'Brien Phone#1: (954)416-9329 E-mail Address: MarthaOBrienlnc@yahoo.com Phone#2: Fax: Additional Contact Person for the Event: Mike Horn (Marina Manager) Phone#1: (954) 926-0300 E-mail Address: hrbrtowne@aol.com Phone#2: (954)260-1721 Fax: (954) 922-5485 Organization or Sponsor of Event: Harbour Towne Marina Address: 801 Northeast Third Street City, State, Zip Code: Dania Beach, FL 33004 Phone: (954) 926-0300 Fax: (954) 922-5485 Cell: Is this a Non-Profit Organization? [ ] Yes x ] No Tax ID#: 168013502647-5 Corporation Name(As it appears in the Articles of Incorporation): Harbour Towne Associates (dba Harbour Towne Marina) Date of Incorporation: 12/1988 State of Incorporation: FL Federal ID#: 4203238 Authorizing Official for the Organization: Gary Groenewold Phone#1: (954) 926-0300 E-mail Address: westrecsrmty@prodigy.net Phone#2: Property Owner: Westree MaFAa a age e }ladbalu' �61,3rt 70. *Please Note—A letter of Consent is required from the letter of Consent is required from the property for the approval of this applicationfor the approval of this application. Is the letter attached? Cq Yes [ ] No ) aff 11 Cam+ is Ti f pr4r 4 Owywx Will any portion of this event take place on Public or City Property? [ ] Yes [x ] No Will there be a charge for admission? [ ] Yes [x] No If yes, how much? Special Events Application-Page 1 -Rev.MAY2006 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 [x] Outdoors [ ] Both *Number of Expected Daily Attendants: 75 (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 Thursday Set 11, 2008 100-AM 12:DO 2 hours *Anticipated Date and Time to Begin Set-Up: Wednesday, September 10, 2008-9:00 AM *Anticipated Date and Time for Completion of Break-Down: Thursday,September 11, 2008-4:00 PM *Do you have a site plan for the event to be submitted with this application? [x] Yes [ ] No *Please Note-A site plan indicating the following conditions must accompany the application or the application will be rejected, resulting in a significant time delay. The fire department must have easy access to the special event area. The site plan must include the following: entrances and exits, emergency vehicle access routes, parking, general vehicular drive paths, fire hydrant locations, fire department connections, street closure requests, fenced areas, grandstand, bleacher or other seating locations, tent and stage locations, cooking areas, and locations of any pyrotechnic materials, etc. In addition, the site plan must include the location of any rides (animal or mechanical), petting zoos, exhibits, DJ's, bands, performers, sanitary facilities, recreation vehicles for overnight housing, etc. *Is there a request for any road closures? [ ] Yes [x] No *Please identify the street name(s)and/or locations for closure requests: _ N/R Please No - These streets must also be identified on the site plan. *Are you requesting to fence the event? [ ] Yes [x] No Please Note-You must identify any fencing on the site plan. *Will Canopies (No Sides) be used for this event? [ ]Yes [x] 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. Special Events Application—Page 2—Rev.MAY2006 *Will Tents(With Sides) be used for this event? [x] Yes [ ] No *Please Note — All tents in excess of 200 square feet [Per NFPA 1: Table 1.12.19(a)] require building permits and inspections. All tents must be Flame retardant. A certificate of flame retardency and a sample of the tent fabric for field testing must be submitted for product approval with this application. This information can be obtained from the tent manufacturer or the tent rental company. If the tents have sides, they are treated as buildings. They must have two separate exits remotely located from each other with electrically illuminated exit signs that have a battery back-up. In addition, they must have emergency egress lighting and Fire Extinguishers. Provide a life safety plan for these tents indicating the location of all Exits, Exit Signs, Emergency Lighting, Aisle Spacing, Fire Extinguisher locations, etc. Permits must be obtained for all tents and electrical work. Please apply for all permits at the Building Department located at 100 W. Dania Beach Blvd. *Will electricity be required for this event? (Ex.for lighting,sound, cooking,other power needs, etc.) [x] Yes [ ] No *How will this electricity be supplied? [ ] On-Site [x] Generator [ ] Combination of Both Please No — The use of generators, temporary wiring, temporary electrical connections, etc. require permits and inspections. Please apply for the permit(s) prior to setting up at the Building Department located at 100 W. Dania Beach Blvd. Events requiring electricity are the responsibility of the applicant and must have a master electrician on site. *Will there be live entertainment at this event? [ ] Yes [x] No *Please indicate the type(Ex. Band, DJ, live Performers, etc.): N /A *Pleases ec' the hours of entertainment: DAY DATE START TIME END TIME TOTAL#OF HOURS *Will a stage(s)be used in this event? [ ] Yes [x] No Please note Fire Extinguisher Requirement in the next question. *Do you have adequate fire extinguishers for this event? [x] Yes [ ] 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 51bs.) 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 Will there be concessions or sales of food at this event? [ ] Yes [x] No Please specify: *Please Note—An original Certificate of Liability Insurance and Worker's Compensation is required from all vendors. Ensure that the Certificate is for this specific event, has the proper dates, and names the City of Dania Beach as an Additional Insured. No event will be approved without this insurance. *Will any type of cooking appliances be used by either the Sponsor of the Event or any of its vendors? [ ] Yes [ ] No Special Events Application—Page 3—Rev.MAY2006 *If so, indicate the type of appliance(s)to be used and the number of each appliance to be used: [ ] N/A [ j Electric Grill(s); #_ [ ] Gas Grill(s); #_ [ ] Charcoal Grill(s); #_ [ ] Smoker Grills(s); #_ [ J Grease Fryer(s); #_ [ ] Oven(s); # [ j Electric Range Burner(s), #_ [ J 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 making a note on the site plan indicating all of the above requirements or providing a letter to the fire prevention bureau *Does each cooking area have the proper clearances from all other event areas? [ ] 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 [I(] No Please No —An original certificate of liquor liability insurance naming the City of Dania Beach as additional insured and a 1/2/3 Day Special Sales License is required to be submitted with this application. The license can be obtained from the State of Florida Department of Business and Professional Regulation. If Yes, Please Specify Types of Alcohol to be Sold: N N/A [ ] Beer [ ] Wine [ ] Liquor [ ] Mixed Drinks [ ] Other: If alcohol is being served, please indicate how the beverages will be served: [)t] N/A [ ] Draft Truck [ ] Cold Plate [ ] Mini-Bar [ ] Beer Tub [ ] Table Service Other: Will there be alcohol given away at this event? Do Yes [ ] No Please Specify Types of Alcohol to be given away: [ ] N/A [ ] Beer [ ]Wine [ ] Liquor [ ] Mixed Drinks W Other: Chav%,�a6nT I_r1xc�1� Will there be retail sales at this event? [ ] Yes [x] No Please Specify: *Will there be any carnival rides, mechanical or vehicular rides,or animal rides at this event? [ ] Yes [x] No *If yes, please describe: What is the name of the vendor or vendors providing the rides? [x] 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. Special Events Application—Page 4—Rev.MAY2006 Are you providing to us a copy of the ride vendor's Certificate of Liability and Workers Compensation Insurance with this application? [ ] Yes [ ] No *Please Note—An original Certificate of Liability and Worker's Compensation Insurance is required for any and all rides. Ensure that the Certificate is for this specific event, has the proper dates, and Names the City of Dania Beach as an Additional Insured. No event will be approved without this insurance. *Will recreational vehicles be used for temporary overnight housing? [ ] Yes [x] No Please Note— Indicate the locations of these on the site plan. *Will there be any use of pyrotechnics and/or Fireworks Displays at this event? [ ] Yes [x] No *Please Note- Pyrotechnics and/or Fireworks displays require special applications, permits and inspections as well as an original Certificate of Liability and Workers Compensation Insurance. In addition, a Fire Inspector will be required to be present during set-up and displays. This expense will be passed on to the event. Please apply for the permit at the Fire Prevention Bureau located at 901 N.E. 3 Street, I. T. Parker Community Center, Harbour Towne Marina. (BSO or Fire Details may be required - refer to page 6) *Will there be use of any Grandstands or Bleachers for seating at this event? [ ] Yes [x] No *Please Note - Bleachers and Grandstands may have to meet special safety code requirements. Locations must be indicated on the site plan. Are portable, ADA compliant sanitary facilities being provided for this event? [ ] Yes [x] No If so, How many? [ ] N/A Please Note— Provide the locations of all sanitary facilities on the site plan. Is there a request for any temporary signage for this event? [ ] Yes [x] No Please Note—Any questions regarding temporary signage should be directed to Code Compliance, (964) 924- 3646. Are there any services being requested from the City of Dania Beach? [ ] Yes [x] No If yes, please explain: *Please list any other conditions, terms or relevant information related to this event that may be of interest to those reviewing this application for approval: *Indicates special attention Fire Prevention. BSO DETAIL REQUIREMENT Based upon anticipated attendance, site or building size, site location, and ability to assure public safety requirements, a Broward Sheriffs Office Detail may be required. FIRE WATCH REQUIREMENT Special Events Application-Page 5-Rev.MAY2006 A Fire-Watch may be imposed depending on the type of event, number of persons present and/or hazards involved. The number of personnel and apparatus required may vary depending on the type of event and hazards involved. Below are the current rates charged for the presence of a fire watch detail and/or fire inspector: Off-Duty detail assignment services performed by Dania Beach Fire Rescue Personnel will be paid at their current overtime rate of pay with benefits (3 Hour Minimum). In addition, an administrative fee of 10% will also be charged based on the total cost of personnel and apparatus. Personnel costs are currently estimated to be$84.42 per hour, per person (3 hour minimum). The cost of apparatus is as follows: Rescue Truck-$32.00 per hour Engine (1500 gpm) -$71.00 per hour Ladder (1500 gpm) - $80.00 per hour The City of Dania Beach requires payment 14 days in advance for the detail services and fees are to be made payable to The City of Dania Beach by means of cash advance or a cashier's check. Fees are based on individual employee's overtime rates which vary from person to person. The amount estimated is based on the highest overtime rate currently payable in addition to fees for FICA, Medicare, Worker's Compensation and Administrative fees. In the event that the entire estimated amount is not required for services, the city will refund the money, less the expenses incurred for the service. Should the amount of time required for the fire watch detail exceed that agreed upon before the event, the Event will be required to pay for any overage based on the actual cost for the Fire-Watch. The Event will be responsible to pay the actual service price incurred. The information 1 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. 1'IIA, � - c4j �P�toQ �Liz�l�s Signature of Applicant J Title 7-1 lralrs5.7" a on A Date STATE OF FLORIDA COUNTY OF BROWARD ,� ,J ��,,I/The fQpregoSg ingtr§nept was acknowledged before me thia�7 day of 2008 By P/QP�hp K /S�+l.✓) ,who is personally known to me,or, if not, p duced the following form of identification: Notary Public Sig Qj� My Commission expires: 3 ZOO+ I Print:4MC vow, �'.My Commission number- ys`3S Z ,,,,.,....,, pNCNELI,ETWRVILLEVANLENTEN 3 is ^ tr ���y MAytc•State of hd W Y009 n S DD 9��,,yyy yWIA.. ��tIJJ2 � ItGR �~ Special Events Application—Page 6—Rev.MAY2006 Mar. Yb, 11JUtl 12: 14FNI No, UJ 14 V. I/ I SEONGS00 WOODM E-BIZ CENTER#109 280-21,SEONGSOO 2GA.3-00NG .� CQRP • Te1 : 82-2-2024-2345 SEONGDONG-GU,SEOUL,KOREA LASTV WEB SITE : wwW.InPlasl.co.kr , CERTIFICATE OF FLAME RETARDANT CERTIFICATE NO. : 07-0720"COt BUYER ECONOMY TENT INTERNATIONAL 2995 N.W. 75TH STREET MIAMI, ISSUE DATE JDLY 20th, 2�7 FL 33147,USA We hereby certily the below products meet NFPA 701 & California Fire Mashal for the flame retardant. 1. ITEM CODE I-TENT TARP , 18oz WEIGHT, 62" width 2, pETAILED ON SRECI PVC LAMINATED FABRIC 1100 DTex (9OW.incn) WIDTH * 62 . WEIGHT 18 OZ FIR, UN, ANTI -M OPAQUE TREATED c.OLORWHITE 3. TEST 1) FLAME RETARDANT TEST, NFPA 701 RESULT : PASS 2) FLAME RETARDANT TEST, CALIFORNIA FIRE MASHAL RESULT : PASS AUTHORIZED BY INPLAST CORPORATION jr ~�E N prqr,$lJliv l MINUTES OF WORKSHOP DANIA BEACH CITY COMMISSION WEDNESDAY, OCTOBER 8, 2008 — 6:00 P.M. (IMMEDIATELY FOLLOWING THE CRA BOARD MEETING) 1. Call to Order Mayor Jones called the Workshop to order at 6:20 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 Deputy City Clerk: Miriam Nasser 3. Presentation by Scott Backman, Esq.:, Proposed 6-story, 101 room hotel located on the north east corner of Stirling Road and Bryan Road Scott Backman, of the law firm Siegel, Lipman, et al, representing the applicant Comfort Suites Hotel, explained the location of the property, and advised the request is to construct a new 6- story hotel on a vacant lot. The project also includes a 4,000 square feet office building. The applicant would be requesting variances for parking, loading spaces, and building height. He noted that during the review process the Fire Department had some safety concerns because this is a high occupancy building. They have since modified the site plan which would allow fire access from both sides of the building. Attorney Backman further clarified that they meet the height required for the building, but not the number of stories permitted by Code. He pointed out that most of the setbacks were originally met, however, because of the Fire Department issue, they had to modify them and it would be at the discretion of the City Commission to waive this requirement. Attorney Backman added that they would provide an airport shuttle. Vice-Mayor Castro noted that she respects the Fire Department opinion,but she likes the original layout better than the modified one. She did not understand why we have set such rigid standards that this arrangement would not work for them. Vice-Mayor Castro commented that she does not know of any building that is entirely accessible through the windows. She supported the project. Attorney Backman agreed with Vice-Mayor Castro and noted this layout makes more sense for the property. He clarified for the Commission that there is approximately 25 feet of canal right- of-way between the building and the canal. The Commission asked Corinne Lajoie, Principal City Planner, to talk to Sean Brown, Fire Marshal, suggesting the lay out originally presented by the applicant is preferable. Commissioner Anton asked if there would be any marine-related activity associated with the project, such as removing the NW I" Avenue Bridge and changing the Griffin Road Bridge, which would make the building more accessible. He confirmed with Attorney Backman that the building owner plans to move his corporate headquarters into the office building. Commissioner Anton noted he talked to Attorney Backman about the project. He thought the project would be an improvement to that area. Vice-Mayor Castro commented that if other bridges are raised, not many boats will have access. The general consensus of the Commission was to move forward with the project. Commissioner Anton commented that there were some emails regarding moving City projects forward in the Community Development Department. He clarified that his comments were not directed to Ms. Lajoie or previous Department Director Leeds. Commissioner Anton wanted to make sure everybody understands that people are very pleased with the way Ms. Lajoie is conducting the Department. He further noted that the City hired the Michele Mellgren Group to relieve Ms. Lajoie from some of the burden that normally comes with development. City Manager Pato thanked Commissioner Anton for the clarification and noted that sometimes comments are not as accurate as they sound. He noted staff is in the final stage of hiring a new Community Development Director. 4. Adjournment Mayor Jones adjourned the Workshop at 6:40 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER Minutes of Workshop 2 Dania Beach City Commission Wednesday,October 8,2008—6:00 p.m (Immediately following the CRA Board Meeting) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, OCTOBER 14, 2008 — 7:00 P.M. 1. Call to Order/Roll Call Mayor Jones called the meeting to order at 7:00 p.m. Present: Mayor: Albert Jones Vice-Mayor: Anne Castro Commissioners: Bob Anton John Bertino Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro Deputy City Clerk: Miriam Nasser 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. Presentations and Special Event Approvals 3.1 Special Event Request for the St. Maurice Annual Country Fair to be held at 2851 Stirling Road on October 13-16, 2008 Vice-Mayor Castro motioned to approve the Special Event request for the St. Maurice Annual Country Fair; 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 3.2 Special Event Request for the Gemco Coin and Jewelry Show to be held at the Springhill Suites, 151 SW 18`h Court, Dania Beach, on November 9-16, 2008 Vice-Mayor Castro motioned to approve the Special Event request for the Gemco Coin and Jewelry Show; seconded by Commissioner Flury. 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 3.3 Gertrude Sater, Dania News and Book Store, 310 E. Dania Beach Boulevard, request for reconsideration for Business Tax Receipt for the operation of 5 Coin-operated Video Amusement machines City Attorney Ansbro advised the request for the issuance of a business tax receipt to Gertrude B. Sater, owner of Dania News and Book Store, in connection with the operation of five coin operated video amusement machines was denied at the September 23, 2008 Commission Meeting. Ms. Sater has requested to be given an opportunity to explain her case. Vice-Mayor Castro motioned to reconsider the request made by Gertrude Sater, Dania News and Book Store; seconded by Commissioner Flury. The motion carried unanimously. Gertrude Sater, owner of Dania News and Book Store, 310 E. Dania Beach Boulevard, noted the video machines have been there for more than nine years. She said people come to the shop to relax, there are no children, only adults, and there are no payouts or reimbursements involved. Commissioner Flury commented she did not understand why this matter has now evolved, when the machines have been there for such a long time. Nick Lupo, Code Compliance Manager, advised the subject came up during a city-wide investigation being done by BSO for mock gambling machines. The business address was given to the Code Compliance Unit for them to conduct an inspection to ensure there was no money associated with the business. City Attorney Ansbro clarified that this Ordinance has been in our Code since 1971 and the operation is permitted provided all the requirements are met by the owner of the business. Commissioner Flury noted she visited the place on different occasions and there were no children playing the machines, only elderly people. She asked if there were other places in town in the same situation. Mr. Lupo advised there were other businesses in town with the same operation, two of which are in the process of complying with Code, and the others may consider removing the machines. City Attorney Ansbro confirmed the applicant has satisfied the criteria required by Code. Vice-Mayor Castro motioned to approve the request made by Gertrude Sater; seconded by Commissioner Anton. Commissioner Anton asked BSO Chief Peterson if there have been any problems or complaints regarding the businesses operating these machines. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m Donn Peterson, BSO Chief, noted that in some cases they have found out that there is no license for the operation. He further added that there are no issues with Ms. Sater's location. Mr. Lupo noted that it was discovered that in some of the other locations where the machines are operated, patrons were receiving vouchers for in-store credits, which is against the City Ordinance and State Statute. Commissioner Flury clarified for the record that by approving this request, we are not setting any precedent since every case is different and would require Commission approval. Commissioner Anton confirmed with City Attorney Ansbro that if any violations occur in the future, we can always revoke the license approval. 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 3.4 Certificate of Appreciation Presentation—City Manager City Manager Pato presented City Attorney Ansbro with a Certificate of Appreciation for Suzanne Shields, who is leaving the City to relocate to another state. He noted Ms. Shileds has been the Legal Assistant to City Attorney Ansbro for almost seven years, and he remarked that the quality of her service to the City of Dania Beach is very much appreciated. Ms. Shields was unable to attend tonight's meeting due to her imminent departure. City Attorney Ansbro accepted the Certificate of Appreciation on her behalf and thanked the City for this kind gesture. He further noted that Ms Shields did an excellent job for him and the City and she will definitely be missed. City Manager Pato commented that somebody recently told him that he had been in this position longer than other City Manager. He noted that he has had the privilege to work with this Commission and staff for seven years. However, he promised his wife he would spend more time with the family and announced his retirement effective April 30, 2009. City Manager Pato clarified he is retiring, not quitting, and although some people will speculate otherwise, he did it his way and will continue to do it until his very last day with the City. Commissioner Anton motioned to accept, City Manager Pato's date certain retirement effective at the close of business on April 30, 2009. He further directed the City Manager, City Attorney and the Human Resources/Risk Management Director to find three search firms in order for the Commission to select one to look for the best candidate to replace City Manager Pato; seconded by Commissioner Bertino. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. Vice-Mayor Castro confirmed City Manager Pato had shared this information with the Commission before the meeting. She added that he will definitely leave the City better than he found it. Vice-Mayor Castro remarked that there are a lot of good candidates in the current market and suggested having these firms make a brief presentation at the next Commission meeting, since time is of the essence. She added she would like to have a screening committee to select the new City Manager, similar to the one used for the selection of the CRA Director. Vice-Mayor Castro pointed out that the committee should involve City staff members who do not report to the City Manager. She suggested City Attorney Ansbro, CRA Director Earle, and Commissioner Flury as the members of the Committee to review the applications received by the search firm. Commissioner Flury thought it was a mistake to start with a search firm because we are a very small town and a position with this type of salary would not be a priority for them. She recommended creating an in-house team including one Commissioner, with the help of the Human Resources Department. Commissioner Flury noted that City Manager Pato has done a good job and appreciated the length of time he has given the City to find a replacement. However, she thought that an eight month notice created uncertainty. Commissioner Flury further suggested accepting City Manager Pato's retirement and discussing the hiring of a new City Manager separately. Commissioner Anton removed the search firm portion of his motion. Commissioner Anton made a substitute motion to accept City Manager Pato's date certain retirement effective at the close of business on April 30, 2009; seconded by Commissioner Bertino. Mayor Jones congratulated City Manager Pato on his forthcoming retirement. He thanked him for all he has done for the City. City Manager Pato thanked the Commission on behalf of his wife. He further noted we still have a lot of things to do, such as negotiating collective bargaining agreements, and other important matters, all of which he plans to achieve successfully. 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 Commissioner Anton motioned to direct the City Manager and staff to find three search firms in order for the Commission to select one to look for the best candidate to replace City Manager Pato; seconded by Commissioner Bertino. Commissioner Bertino talked about ICMA. He explained that ICMA(International City/County Management Association) is an organization that offers a wide range of services to the local government community. Commissioner Bertino noted that we used them once and the process Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m went well. He also recommended that all the Commissioners should receive a copy of each application, for review and comments. Mayor Jones was not in favor of a search firm because it would be very expensive. Vice-Mayor Castro thought a search firm would be costly and unnecessary, considering there are a lot of qualified people available. It will also be a lengthy process, involving applications, screening, interview process, etc. She remarked we need to move quickly because of the holidays. Vice-Mayor Castro concurred with Commissioner Bertino that the Commissioners should review each application received for the position. She noted that we should take advantage of an organization like ICMA, which could assist at no cost to the City. Commissioner Anton withdrew his motion. City Manager Pato suggested running the ads for the position, and look for search firms at the same time. He would not recommend any staff as part of a committee to select their next boss. City Manager Pato pointed out that search firms are not too expensive. He also noted that due to the upcoming Elections, not too many qualified applicants would want to be hired by one Commission and work for another. City Manager Pato advised the proposed agreement would have to include a good severance package for the first two years of the contract. He said the City has the tools in place to find a good candidate, such as Charter issues that put the City in a very strong position, and adjusted pay scale. Mayor Jones asked City Manager Pato what he thought about ICMA. City Manager Pato advised ICMA is an excellent organization to work with; they have the expertise and provide their services for free. Commissioner Flury noted that City Manager Pato could not have picked a worse time to retire because by May ls`we are preparing the budget. She indicated that if the Commission does not drive the process it will take seven months. Commissioner Flury suggested getting the ICMA representative, and have the Human Resources Department run ads simultaneously. Once the applications are received, copies should be provided to the Commissioners for their review. Commissioner Flury agreed CRA Director Earle, who does not report to the City Manager, should be part of the screening committee, as well as the City Attorney and one Commissioner who chooses to participate in any of the interviews. She thought we should make a decision tonight on the best course of action to take. Commissioner Bertino motioned to direct staff to bring three search firms who would filter and review each application to the next Commission Meeting, in order to select one to look for the best candidate for the City Manager position; seconded by Commissioner Anton. Vice-Mayor Castro asked Director McDonald to provide them with a copy of the basic Charter requirements to hire a City Manager. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. Mary McDonald, Director of Human Resources and Risk Management, confirmed with the Commission that she should bring three search firms to the next Commission meeting to make a 7-minute presentation and let us know what they would do and how much they would charge for their services. In addition to the three firms,the Commission would like to have a representative from ICMA come and explain what services they can offer to the City. Vice-Mayor Castro noted that depending on the number of applications, they will need to narrow the list down to three people and pass it on to the City screening committee for review. She also indicated that we need to establish the criteria on how far we want them to come from and any possible relocation fees. Vice-Mayor Castro pointed out we should discuss this aspect of the hiring process at the next Commission meeting, since we are not ready to talk about this issue tonight. Mayor Jones noted that the Commission could also bring any potential candidates they have, provided they follow the application process. 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 Commissioner Anton motioned to allow City Manager Pato to maintain his compensation through the close of business on April 30, 2009, in the event that he leaves prior to that date due to the hiring of his successor; seconded by Vice-Mayor Castro. 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. Proclamations 4.1 Fire Prevention Month Mayor Jones presented a proclamation celebrating Fire Prevention Month to Jack McCartt, Fire Chief. Jack McCartt, Fire Chief, thanked the City for this recognition. He further emphasized that people should be aware of the importance of addressing Fire Prevention Month and home safety. He asked Deputy Fire Chief Cassano to provide everyone with an update on the status of the construction of Public Safety Facility#93. Michael Cassano, Deputy Fire Chief, distributed copies of a Progress Report for the construction of Public Safety Facility#93, which is attached to and incorporated into these minutes. He noted Minutes of Regular Meeting Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m that a formal dedication of Station #93 is scheduled for Saturday, December 20, 2008. Deputy Chief Cassano thanked City Manager Pato for giving him the opportunity to manage the project, as well as City staff that assisted him along the way. He remarked that the building, which will serve the community in the western part of the City, will withstand strong hurricanes and will be there for a long time. Deputy Chief Cassano advised that when the Insurance Service Organization(ISO) did a study of the City, they recognized the importance of placing a station in that area. He finally added that this project became a reality through the GO Bond and invited everyone to attend the dedication celebration on December 20. Commissioner Flury thanked Deputy Chief Cassano for his efforts to move this project forward. 5. Citizen Comments Jason Wenig, owner of Classic Car Restoration located on the comer of NW 3`d Street, directly north of Fire Station #1 and west of the Post Office, talked about the damage caused to his property by 18-wheelers from Finish Line Feed, Inc., a business located at 35 NW 3`d Avenue. The trucks constantly encroach on his property causing damage to his fence and destroying his landscaping. Mr. Wenig advised he talked to the owner as well as the drivers, but to no avail. He then filed a police report but BSO told him there was not much they could do. Mr. Wenig said he put up some pyramids to prevent the trucks from ruining his fence, but a Code Compliance Officer came and explained that the pyramids were not allowed and that a broken fence was a violation. He pointed out that as of today he has spent more than $8,000 in repairs for his fence. Mr. Wenig wanted the City to be aware of the situation and asked for suggestions to resolve the problem. Commissioner Flury clarified with Mr. Wenig that he used white triangle cones to protect his property. She asked staff for suggestions in order to assist Mr. Wenig with his problem. Vice-Mayor Castro recommended City Manager Pato meet with Mr. Wenig to try to resolve the issue. She asked BSO Chief Peterson to also participate in the meeting. City Manager Pato said he would arrange to meet with Mr. Wenig tomorrow. Commissioner Anton asked if we could make an exception and let him put up the pyramids. City Attorney Ansbro noted this is not allowed by Code and we would need to amend the ordinance. Mayor Jones suggested the two owners get together to discuss the issue. They should be responsible for what they are doing. He also suggested the City Manager tell them they have to stop doing this. Mayor Jones would like the Commission to receive an update on the situation in due course. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m 6. Public Safety Reports Chief Donn Peterson, BSO District II, commented the BSO Anniversary celebration was a great event and thanked everyone who attended. He spoke about the woman's silhouette placed next to the BSO receptionist which relates to the material being published regarding domestic violence awareness. Chief Peterson noted that, unfortunately, this problem exists in our community and emphasized the importance of calling the police immediately if the case arises. 7. Consent Agenda Items added to Consent Agenda: #7.14, #7.15 Items removed from Consent Agenda: #7.3,#7.4 and#7.5 7.1 Minutes Approve Minutes of September 6, 2008 City Commission Workshop Approve Minutes of September 18, 2008 Abatement Hearing Approve Minutes of September 23, 2008 City Commission Meeting Approve Minutes of September 24, 2008 Final Public Hearing FY 09 Budget Resolutions 7.2 RESOLUTION#2008-182 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AMENDING RESOLUTION NO. 2001-223, TO INCREASE THE NUMBER OF AUTHORIZED HOURS PER MONTH FOR SERVICES PERFORMED BY BRENDA CHALIFOUR, ESQ. SPECIAL CITY ATTORNEY; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION#2008-183 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA URGING THE 2009 FLORIDA LEGISLATURE TO EQUALIZE FUNDING BASED ON POPULATION TO PROVIDE EACH REGION OF FLORIDA, INCLUDING SOUTH FLORIDA, ITS FAIR SHARE OF STATE FUNDING; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-183. Mayor Jones noted he requested this item be placed on the Agenda to request the Legislature to provide each region of the State of Florida its fair share of State funding based on population. Commissioner Bertino motioned to adopt Resolution #2008-183; seconded by Vice-Mayor Castro. 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 Regular Meeting 8 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. 7.4 RESOLUTION#2008-184 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA EXPRESSING SUPPORT OF THE ACTIVITIES OF MOTHERS AGAINST PREDATORS (MAP), A GROUP OF PARENTS, POLITICAL LEADERS, AND LAW ENFORCEMENT REPRESENTATIVES WHO STRIVE TO PROTECT CHILDREN AGAINST ONLINE PREDATORS; URGING ALL BROWARD COUNTY MUNICIPALITIES TO SUPPORT MAP; DIRECTING THE CITY CLERK TO PROVIDE A COPY OF THIS RESOLUTION TO BROWARD COUNTY, EACH BROWARD COUNTY MUNICIPALITY, AND ALL OTHER INTERESTED PARTIES;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-184. Mayor Jones noted that with technology moving so fast, we allow our children to use the internet and we do not know what they are looking at. He explained that Mothers Against Predators (MAP) creates effective laws and education programs to provide defenses against internet predators. Mayor Jones stressed the importance of parents becoming aware of the dangers posed to our children by these individuals. Vice-Mayor Castro motioned to adopt Resolution #2008-184; seconded by Commissioner Flury. 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 7.5 RESOLUTION#2008-191 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RENEWING INSURANCE THROUGH PUBLIC RISK INSURANCE AGENCY (TO INCLUDE COVERAGES FOR WORKERS' COMPENSATION, POLLUTION LIABILITY,TERRORIST RISK INSURANCE AND STATUTORY ACCIDENTAL DEATH AND DISMEMBERMENT IN A COMBINED TOTAL NOT TO EXCEED $257,252.00 FOR THE PERIOD BEGINNING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-191. Commissioner Flury confirmed with Director McDonald that this is a renewal of our Workers' Compensation, Pollution Liability, Terrorist Risk Insurance and Statutory Accidental Death and Dismemberment for firefighters. Mary McDonald, Human Resources/Risk Management Director, noted the breakdown shows a decrease in costs. She clarified that the breakdown refers to another part of the AIG market. Director McDonald further indicated that we have a contingency plan in place, in the event this provider becomes a victim of the current economic situation. Commissioner Flury motioned to adopt Resolution #2008-191; seconded by Vice-Mayor Castro. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m Commissioner Bertino asked if we are still paying longshoreman workers' compensation. He commented this is one of the most expensive classifications. Director McDonald responded we do not have anyone classed as longshoreman. She further advised that if anyone is misclassified the insurance would still pay the claim and we would receive retroactive charges for that premium. 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 7.6 RESOLUTION#2008-192 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE EXECUTION BY CITY OFFICIALS OF A BEACH MAINTENANCE AGREEMENT BETWEEN THE CITY OF HOLLYWOOD AND THE CITY OF DANIA BEACH FOR MAINTENANCE SERVICES AT DANIA BEACH FOR A ONE YEAR TERM WITH TWO ONE YEAR RENEWAL PERIODS; PROVIDING THAT THE AGREEMENT SHALL BE RETROACTIVE TO OCTOBER 1, 2008; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2008-193 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE GASOLINE IN AN AMOUNT NOT TO EXCEED $60,000.00 IN FISCAL YEAR 2008-2009, FROM SW STREICHER UNDER BROWARD SHERIFF'S OFFICE RFP 5-3-8-049; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2008-194 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE PLAYGROUND EQUIPMENT FOR FRANK C. ADLER PARK IN AN AMOUNT NOT TO EXCEED $53,000.00 FROM FLORIDA PLAYSYSTEMS INC.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION#2008-195 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CALVIN, GIORDANO AND ASSOCIATES FOR LIFT STATION IMPROVEMENTS RELATING TO THE REHABILITATION OF LIFT STATION #15; PROVIDING THAT THE COST FOR SUCH SERVICES SHALL NOT EXCEED TWENTY EIGHT THOUSAND EIGHT HUNDRED DOLLARS ($28,800.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION#2008-197 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CALVIN, GIORDANO AND ASSOCIATES FOR LIFT STATION IMPROVEMENTS RELATING TO THE REHABILITATION OF LIFT STATIONS #4, #5, #8, #9 AND #10; Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m PROVIDING THAT THE COST FOR SUCH SERVICES SHALL NOT EXCEED ONE HUNDRED TWENTY SIX THOUSAND FIVE HUNDRED TWENTY FIVE DOLLARS ($126,525.00)PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION#2008-196 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE REPLACEMENT AND INSTALLATION OF SIDEWALK SERVICES IN AN AMOUNT NOT TO EXCEED $70,000.00 IN FISCAL YEAR 2008-2009, FROM STRAIGHTLINE ENGINEERING SERVICES UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID#05-06-012;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.12 RESOLUTION#2008-198 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND BROWARD COUNTY FOR FEASIBILITY STUDY, PRELIMINARY DESIGN, OR RELATED SERVICES FOR PROJECTS RECOMMENDED UNDER THE BROWARD COUNTYWIDE INTEGRATED WATER RESOURCE PLAN TO BE PERFORMED IN PARTNERSHIP WITH LOCAL WATER MANAGERS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles read by City Attorney) 7.13 ORDINANCE#2008-028 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY JANE STORMS WITH THE FIRM PULICE LAND SURVEYORS REPRESENTING THE PROPERTY OWNER ALEX NICHOLS FOR THE 'NICHOLS PLAT", SUCH PROPERTY BEING LOCATED AT 2875 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE;ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE 'NICHOLS PLAT'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) ADDENDUM 7.14 RESOLUTION#2008-199 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE DIESEL FUEL IN AN AMOUNT NOT TO EXCEED $95,000.00 IN FISCAL YEAR 2008-2009, FROM BV OIL UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP RFP # 06-A- 098;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.15 RESOLUTION#2008-200 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM DATA- PHONE WIRE&CABLE CORP. IN AN AMOUNT NOT TO EXCEED$12,565.00 RELATING TO WIRING OF COMMUNICATIONS AND COMPUTER EQUIPMENT TO BE INSTALLED AT PUBLIC SAFETY FACILITY NO. 93, PRESENTLY UNDER CONSTRUCTION, PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. Commissioner Anton motioned to adopt the Consent Agenda, with the addition of Items #7.14 and #7.15 and the exception of Items #7.3, #7.4 and #7.5; seconded by Vice-Mayor Castro. 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 8. Bids and Requests for Proposals 8.1 RESOLUTION#2008-201 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF CONTRACT FOR THE SOUTHWEST COMMUNITY CENTER BUILDING; AUTHORIZING THE AWARD OF CONTRACT TO WALKER DESIGN&CONSTRUCTION COMPANY FOR DESIGNiCONSTRUCTION ACTIVITIES IN THE AMOUNT OF $668,087.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-201. Dominic Orlando, Director of Public Services, noted that staff had several meetings with the contractor, Walker Design and Construction, and they agreed to reduce the amount by $128,000 from their previous proposal. He pointed out that some miscellaneous items were quantified and the work will be done in-house with City staff. Commissioner Flury commented there must be some drainage work involved in this project because the cost seems very high. She confirmed with Director Orlando that none of these expenses will be covered by State Revolving Funds. Commissioner Flury motioned to adopt Resolution #2008-201; seconded by Vice-Mayor Castro. 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 9. Public Hearings and Site Plans 9.1 ORDINANCE#2008-027 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 23, "TAXATION", ARTICLE VI, "SERVICE CHARGES FOR PROCESSING LIEN INFORMATION', SECTION 23-67, "CHARGES FOR PREPARING AND RECORDING LIENS AND LIEN SATISFACTIONS" TO ESTABLISH A FEE FOR THE PROCESSING OF PARTIAL RELEASE OF CODE ENFORCEMENT LIENS IN ALL Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. MORTGAGE FORECLOSURE CASES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Y Attorne Ansbro read the title of Ordinance #2008-027. 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 adopt Ordinance #2008-027, on second reading; 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 9.2 RESOLUTION#2008-185 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,PERTAINING TO AN EXPANSION OF THE EXISTING COMMUNITY REDEVELOPMENT AGENCY AREA, SUCH RESOLUTION BEING PROMULGATED PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND SECTION 18.86, BROWARD COUNTY ADMINISTRATIVE CODE; APPROVING A FINDING OF NECESSITY; DEFINING THE REDEVELOPMENT AREA; DETERMINING THAT THE REDEVELOPMENT AREA SUFFERS FROM ONE OR MORE INDICATORS OF BLIGHT; DETERMINING THAT THE EXPANSION OF THE REDEVELOPMENT AREA IS APPROPRIATE AND CRITICALLY NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS AND WELFARE OF THE RESIDENTS OF THE CITY; MAKING CERTAIN OTHER REQUIRED FINDINGS AND DETERMINATIONS; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-185. 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 Resolution #2008-185; seconded by Commissioner Flury. 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 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. 9.3 RESOLUTION#2008-186 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMFI7ED BY CARLOS DIAZ AND ASSOCIATES ARCHITECTS, P.A., REPRESENTING THE Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. PROPERTY OWNER ACP PARTNERS, LLC, FOR PROPERTY LOCATED AT 4101 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH,FLORIDA;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-186 and Resolution #2008-187 because they relate to the same property. All members of the Commission advised they were contacted by the applicant for Items#9.3 and #9.4. Corinne Lajoie, Principal City Planner, showed the location of the property and noted there are already four office buildings on site, and the applicant wishes to construct a fifth office building on a portion of the parking lot. She clarified that the construction of the fifth building would not alter the ingress-egress of the property. Ms. Lajoie explained the variance request is to restrict landscape review to the scope of work area, so the entire site would not have to meet code requirements. The site plan was reviewed by the Fire Marshal, the Director of Public Services, the City Landscape Consultant, and the Planning Division. The Planning and Zoning Board recommended approval of the variance and site plan, provided all staff comments are addressed before the issuance of a building permit and the applicant meets with the neighbor regarding the dedication of land for a cul-de-sac. She noted that the applicant is also proposing some updates to the existing buildings. Commissioner Flury questioned if the proposed improvements to the existing buildings would make a better looking structure. Ms. Lajoie noted the most significant visual impacts would be the building elevations which the applicant will show to the Commission. Hope Calhoun, Attorney with the law firm of Ruden, McClosky, et al, representing the applicant, responded for Vice-Mayor Castro that they will be providing concrete pavers at all entrances, new awnings, and new colors. Commissioner Bertino requested the applicant install solar lighting at all four comers of the property, in the interest of public safety. Carlos Diaz, Architect for the project, noted they are placing two solar lights in the center of the property. hi addition, they are bringing up the lighting level to where it should be. Attorney Calhoun noted they will discuss the issue with staff and try their best to include two more solar lights. Commissioner Bertino remarked he would like to see four solar lights installed on the site. City Manager Pato offered to send someone from BSO to look at the property and suggest the best locations for the solar lighting. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. Attorney Calhoun noted they met with their neighbor to discuss his concerns. Mr. Reich is satisfied with what they will be doing with the drainage. Mr. Reich would also like them to dedicate some land for a cul-de-sac. She advised they agreed to record a declaration to dedicate the necessary land if and when it is determined that a cul-de-sac for SW 22"d Terrace, SW 22"d Avenue, or both is ever needed. Mayor Jones opened the Public Hearings. Dave Reich, neighbor to the south of the property, noted the drainage issues have been addressed. He also pointed out that he would like to get a copy of the document that will be recorded with Broward County,regarding the cul-de-sac. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearings. Vice-Mayor Castro motioned to adopt Resolution #2008-186; 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 9.4 RESOLUTION#2008-187 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY CARLOS DIAZ AND ASSOCIATES ARCHITECTS, P.A., REPRESENTING THE PROPERTY OWNER ACP PARTNERS, LLC, FOR PROPERTY LOCATED AT 4101 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH,FLORIDA;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Castro motioned to adopt Resolution #2008-187; 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 9.5 RESOLUTION#2008-188 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR ASSIGNMENT OF FLEX ACREAGE SUBMITTED BY SCOTT BACKMAN, ESQUIRE REPRESENTING PROPERTY OWNER JOAN LETO TRUSTEE, JOAN LETO REVOCABLE TRUST, FROM CHAPTER 28, "ZONING", ARTICLE 30.20 INDUSTRIAL RESEARCH OFFICE COMMERCIAL (IROC) ZONING FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF STIRLING ROAD APPROXIMATELY %. MILE NORTHWEST OF THE I-95/STIRLING ROAD EXIT,IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. City Attorney Ansbro read the title of Resolution #2008-188, Resolution #2008-189, and Resolution#2008-190 because they relate to the same property. Corine Lajoie, Principal City Planner, provided a history of the property which is currently vacant. She noted the request is for the assignment of flex acreage to allow the construction of a 6-story hotel on property with an Industrial Land Use designation. The applicant is also requesting loading berth and height variances, as well as site plan approval. The Planning and Zoning Board recommended approval of all actions. As regards the site plan, staff recommended approval provided the flex allocation and variances are approved and the applicant provides a copy of the recorded plat prior to the issuance of a building permit. Scott Backman, Attorney with the law firm of Siegel, Lipman, et al, asked City Attorney Ansbro to amend the title of Resolution #2008-189, under Item #9.6, to include the height variance regulations information. Mayor Jones opened the Public Hearings. Seeing as there was no one to speak in favor or opposition,he closed the Public Hearings. Commissioner Bertino motioned to adopt Resolution #2008-188; seconded by Vice-Mayor Castro. 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 9.6 RESOLUTION#2008-189 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY SCOTT BACKMAN, ESQUIRE REPRESENTING PROPERTY OWNER JOAN LETO TRUSTEE, JOAN LETO REVOCABLE TRUST, FROM CHAPTER 28, "ZONING", ARTICLE 6.22, "OFF- STREET LOADING REQUIREMENTS", FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF STIRLING ROAD APPROXIMATELY '%4 MILE NORTHWEST OF THE I-95 / STIRLING ROAD EXIT, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Bertino motioned to adopt Resolution #2008-189 as amended; seconded by Vice-Mayor Castro. 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 9.7 RESOLUTION#2008-190 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY SCOTT BACKMAN, ESQUIRE REPRESENTING PROPERTY OWNER JOAN LETO TRUSTEE,JOAN LETO REVOCABLE TRUST,FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF STIRLING ROAD APPROXIMATELY %a MILE NORTHWEST OF THE I-95 / STIRLING ROAD Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. EXIT, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Castro motioned to adopt Resolution #2008-190; 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 10. Discussion and Possible Action 10.1 William Stamm request for waiver of re-platting for a vacant property located on SW 0 Court Corinne L.ajoie, Principal City Planner, explained the location of the property which is currently vacant. She noted that the applicant is requesting a waiver of the re-platting to move forward with the vacation of the alley, as required by Code. Commissioner Bertino noted that the dedicated alley connects with the dedicated alley to the north. He questioned if the neighbors to the north would be notified. Ms. Lajoie advised that the neighbors will be notified when the applicant submits the request for vacation. Vice-Mayor Castro motioned to waive the re-platting requirements; seconded by Commissioner Bertino. The motion carried unanimously. 11. Commission Comments 11.1 Commissioner Anton Commissioner Anton thanked City Manager Pato for the manner in which he notified the Commission of his retirement, which allows us sufficient time to select a new City Manager. 11.2 Commissioner Bertino Commissioner Bertino echoed Commissioner Anton's comments. He commented City Manager Pato has done an excellent job of moving the City forward and bringing stability to the City Manager position. Commissioner Bertino noted that City Manager Pato has provided consistency in the administration and his tenure has been very positive for the City of Dania Beach. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m 11.3 Commissioner Flury Commissioner Flury talked about Judy Usifer's house on SE 2nd, which is a very difficult issue. She noted Ms. Usifer has a rental unit in the back of her house which she has not been able to rent for a long time. Commissioner Flury indicated that the construction of the new pump station has made her lose her entire backyard and nobody knows how this will end up. She pointed out that Ms. Usifer is not an easy person to deal with, but we need to do something. She indicated we should reimburse her for her lost rent, for at least six months, and waive her water bill for at least a year, because we are also using her water. Commissioner Flury noted that although the City Manager has offered to put her in a hotel, she will not go because of her dog and her health issues. She further commented that we have a moral obligation to do something for her. Vice-Mayor Castro agreed with Commissioner Flury's comments. She thought we should wait until the project is finished and offer her something that is equitable and fair. Vice-Mayor Castro noted that if Ms. Usifer should need to go into a facility, it would be very hard for her to sell the house. She suggested we offer her something similar to a reverse mortgage or buy-out of the property and at the time of her death, the house would be demolished and the property would become a park. Commissioner Anton noted this is a very specific site, so we do not have to worry about setting a precedent. He pointed out that Ms. Usifer has lost her backyard forever and if she ever rents the apartment, it will be at a very low rent because of the surroundings of the property. Commissioner Anton agreed with Vice-Mayor Castro regarding the possibility of doing a reverse mortgage or purchase assurance, so that in the event Ms. Usifer needs to sell the house, she would get some compensation. He commented that when the pumps are on, there is a lot of vibration and she will have a difficult time trying to sell that property. He thought we should prepare an agreement that she is satisfied with in order to make her life easier, providing we are not putting an undue burden on the taxpayers. Mayor Jones agreed with Commissioner Anton's suggestion of a purchase assurance and hoped she would be agreeable to it. He commented that Ms. Usifer has stated several times that the City should buy the property, but she does not want to move out of the house. Mayor Jones further said we should wait until the project is finished to discuss this matter with her. Dominic Orlando, Director of Public Services, suggested that all the windows and doors facing the facility be replaced with impact soundproof glass. Commissioner Anton thought nothing should be done until the project is completely finished. He further noted that he can recommend someone to do the soundproof work, if this is finally decided. Commissioner Bertino pointed out that there are two other sites where lift stations are being placed which could impact the neighbors. He agreed that we should compensate Ms. Usifer. Vice-Mayor Castro asked if the other two properties were similar to Ms. Usifer's. Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m Director Orlando briefly explained the location of each of the lift stations being constructed. Commissioner Anton asked Director Orlando to prepare a list of all the sites involving the construction of lift stations. He suggested placing this issue as a Discussion Item on a future agenda, once the project is completed. Commissioner Anton further asked City Manager Pato to contact Ms. Usifer and inform her of tonight's discussion. Director Orlando clarified for the record that all irrigation for the new landscaping will be under a City meter,not Ms. Usifer's. City Manager Pato noted that it has always been our intent to compensate Ms. Usifer for the rental and inconvenience, but it is better to wait until the project is finished before a proposal is discussed. He also indicated for the record, that he wrote Ms. Usifer a letter reiterating the offer to place her and her dog in a proper facility. Vice-Mayor Castro suggested we leave it at the City Manager's discretion to discuss the issue in detail with Ms. Usifer, and bring a recommendation back at the next Commission meeting. 11.4 Vice-Mayor Castro Vice-Mayor Castro noted the Convention & Visitors Bureau Luncheon was a great event. She provided tourism booklets, sent by Joe Van Eton, to those members of the Commission who were unable to attend. Vice-Mayor Castro noted that Claire Satin, a local artist in our community who has participated in other library projects, asked to be included in the Library project. She noted that usually two percent of the construction costs are set aside for an arts program and installation. Ms. Satin would like to be considered as one of the artists participating in the program. Vice-Mayor Castro handed the information provided by Ms. Satin to City Attorney Ansbro for safe-keeping. She pointed out the importance of having art work in public places. 11.5 Mayor Jones Mayor Jones asked the Commission for their thoughts regarding the proposed joint meeting with the City of Hollywood which is still on hold. He emphasized that it is important for all of us to be there to discuss several issues of mutual concern. Mayor Jones suggested December 4, 2008 or January 8, 2009 as possible dates for the meeting. He asked the Commission to notify the City Clerk of their selection. Mayor Jones advised he attended the Water Academy where they discussed several issues including the possible regionalization of water sources throughout the County. He would like the Director of Public Services to accompany him to one of their field trips. Mayor Jones indicated that by February 13, 2009, they will discuss water policy and future water supplies and growth in Broward County. Director Orlando confirmed he would accompany Mayor Jones on the December 5`h field trip. Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. Mayor Jones noted he attended the Broward League of Cities Education Board meeting where they expressed their support for the Broward County School Board future actions, the most important one being an amendment for the State to allocate funding sources to support security officers, including school crossing guards, which are currently being paid by municipalities. Commissioner Anton noted that we should make sure that school resource officers are staffed by local agencies and not the Broward County School Board. He further pointed out that school officers provided by the School Board will not work for the City. Mayor Jones talked about the letter received from Broward County offering the City ten vacant lots provided these are used for affordable housing for a period of 50 years. He asked CRA Director Earle to look at the properties. Mayor Jones indicated that acceptance of the parcels would require the City to sign a Declaration of Restrictive Covenants (DRC) which would include certain requirements. He was in favor of accepting the properties from the County. Commissioner Anton recommended accepting the Broward County offer since all of these properties are located in areas where we have had rental problems. He did not have a problem with the DRC. Vice-Mayor Castro clarified with City Attorney Ansbro that one of the requirements of the DRC was that the total annual gross household income would be less than 120% of the median annual adjusted gross income for Broward County. She also confirmed that the County is offering the same deal to other cities. Vice-mayor Castro was in favor of accepting these properties. Commissioner Bertino explained how the City could sell and develop these properties and where to allocate the funds derived from them. He was also in favor of accepting the parcels. It was the consensus of the Commission to accept the properties offered by Broward County. Mayor Jones noted he attended the Griffin Homeowners Association meeting and commented he would like to have a special meeting with Dania Beach residents in the west section of the City. He remarked that very few members of that area attend the meetings at City Hall. Mayor Jones suggested some of the issues to be discussed at this meeting could be the Unified Land Development Code, the 50150 Sidewalk Program, Airport issues in general, as well as the expansion of solar lighting. He thought we had to go to west Dania Beach and test their desire for future meetings in that area. Mayor Jones noted that some of the residents in the Annexed area feel they are not part of our City. He asked the Commission for their thoughts. Commissioner Flury thought we could move our meetings around, once or twice a year, when we are opening a new facility. She noted we should not include items on that specific agenda that would create on-going discussions. Commissioner Flury was in favor of having periodic meetings off-site. Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m. City Attorney Ansbro pointed out that for the routine business of the City, the meetings must be held at City Hall. He reaffirmed that only special meetings can be held outside of City Hall. If they want it otherwise, they would need to do a Charter amendment. Commissioner Anton remarked the west part of the City has a different Code, therefore we should have special meetings advertised regarding the new Code. He also said that Airport expansion issues, such as the Part 150, or any FAA decision, would need to be discussed in the west section of the City. Commissioner Anton noted that we need to communicate our interest to hold a special meeting to the City Clerk. He said they do not need to be televised, and that only the recording equipment would be required. Commissioner Bertino pointed out that our City is not that big and that those wanting to attend the meetings do not have a transportation problem. However, it is always the same people who come to City Hall because they are interested. He suggested holding a Special Town Hall Meeting in one of our facilities, on a Saturday, where people can come and talk about their problems. Commissioner Bertino thought that routine regular meetings would not attract a significant amount of people. Vice-Mayor Castro noted she agreed to hold regular or special meetings elsewhere. She further advised, for the benefit of the public, that we are performing our Annual Hydrant Flushing Maintenance and Safety Program for the water. Vice-Mayor Flury added that the smell of chlorine should not be of concern to anyone. Mayor Jones noted we need to adopt a resolution expressing the Commission's interest in holding meetings outside City Hall. He also advised that the City needs to purchase the necessary recording equipment so we can move our meetings somewhere else. Mayor Jones also commented that we should provide transportation for people who want to attend these meetings. Commissioner Anton would like to see proposals of the costs associated with the purchase of the recording equipment, which could be expensive. City Manager Palo noted he asked the City Clerk to get prices on recording equipment. Mayor Jones asked for an update on the pool alarms and security cameras. Chief Peterson referred to Commissioner Flury's inquiry about the status of the LETF request. He noted the request is being processed by the Broward Sheriff's Office and he would provide the date of the Broward County Commission Agenda where the item will appear. Chief Peterson apologized for the delay in the process, and commented they have chosen a camera system which has a lot of good features. Commissioner Flury would like to know the date of the County Commission meeting when this issue will be discussed. She pointed out that the matter has been with the County for more than six weeks. Commissioner Flury further asked about the air cards for the BSO laptops which would also be funded by LETF. She commented we barely have $35,000 for the cameras. Minutes of Regular Meeting 21 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m Chief Peterson noted there were funds available for the air cards. Kristen Jones, Director of Parks and Recreation, reported that C.W. Thomas Park is currently under renovation. She noted that the salt water conversion project is also in progress. Director Jones indicated we are still doing some research in order to get three quotes as required by our Purchasing Policy. She confirmed for the Commission that the alarms will be installed at all three pools. 12. Appointments Mayor Jones reappointed John Daizovi to the Dania Beach Housing Authority for a 4 year term effective November 1, 2008. Mayor Jones appointed Gloria Black to the Dania Beach Housing Authority for a 4 year term effective November 1, 2008. Mayor Jones appointed Tern Ward to the Dania Beach Housing Authority to fill a vacancy through October 31,2009. Commissioner Anton motioned to approve the Board appointments; seconded by Vice- Mayor Castro. The motion carried unanimously. 13. Administrative Reports 13.1 City Manager City Manager Palo talked about the BSO request to provide 64 air cards for our deputies at a cost of$32,246.00. He explained the air card is plugged into their laptops and serves as an antenna or transmitting device. City Manager Palo clarified this amount only covers initial costs, no other charges. He pointed out that we would be confronting other funds when the new contract with BSO is negotiated. Commissioner Anton noted that there is no monthly cost until we discuss the new contract. City Manager Palo clarified that contract negotiations with BSO would begin after the November Election. Commissioner Anton remarked that we would not fund the request until we know how much it will cost. Further discussion followed between BSO Chief Peterson and members of the Commission regarding air time and other related costs. Minutes of Regular Meeting 22 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m Chief Peterson confirmed that the air cards and the licensing agreement for the software costs will be covered by BSO-Operating expenses,but not the air time. Commissioner Anton commented that every city in Broward County is implementing the program. Vice-Mayor Castro thought we should purchase the program. Commissioner Flury would like the information on costs presented at the next Commission meeting. Chief Peterson apologized for not having the details with him, but noted that the information is available and he will provide it to the Commission at the next meeting. Vice-Mayor Castro noted this could be a very unique application and it may not have been put out to bid. City Manager Pato advised that the City has been invited by the National League of Cities to set up a display in Orlando on our Solar Street Lighting Program. He indicated a City representative will be going to Orlando in November to showcase the project. The manufacturer will bear the costs of transforming their displays to suit our needs, including our logo and a live demonstration. Commissioner Flury commented there was an article in today's Miami Herald relating to the allocation of funds by Governor Crist specifically for solar lighting. She asked Assistant City Manager Donnelly to obtain the information. Commissioner Bertino noted that we should make sure that the manufacturer of solar lighting would not use our name in their advertising unless they pay us a percentage. Mayor Jones thought this was a great marketing tool for the City. He further noted that the model that the manufacturer would be using in Orlando should be displayed at City Hall for everyone to see. Vice-Mayor Castro asked if we plan to put solar lighting where lights are missing or replace wired lights with solar lighting. Mayor Jones thought it could be a tier process, put solar lights in some corners to provide more lighting to our City. Unfortunately, we cannot afford to replace wired lights with solar lighting. 13.2 City Attorney City Attorney Ansbro had no comments. Minutes of Regular Meeting 23 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m 13.3 City Clerk -Reminders Tuesday, October 28, 2008 —7:00 p.m. City Commission Meeting Wednesday, November 5, 2008 —4:00 p.m. CRA Board Meeting Wednesday, November 12, 2008—7:00 p.m. City Commission Meeting Thursday, November 20, 2008—6:00 p.m. Abatement Hearing 14. Adjournment Mayor Jones adjourned the meeting at 10:01 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 24 Dania Beach City Commission Tuesday,October 14,2008—7:00 p.m Page 1 of 1 Stilson, Louise From: Varney, Patricia Sent: Tuesday, October 21,2008 9:19 AM To: Stilson, Louise Subject: Travel Colin Donnelly attending the National League of Cities Conference in Orlando, 11/12 to 11/14. Estimated cost$521. Remaining balance is $5,779 Patricia Varney Director of Finance Please note new phone number and fax number (954) 924-6800 Ext. 3620 (954) 922-5619 (Fax) 10/21/2008 2 Page 1 of 1 Stilson, Louise From: Ansbro, Tom Sent: Tuesday, October 21, 2008 11:53 AM To: Earle, Jeremy; Stilson, Louise Subject: RE: Motion for additional Consultants Sounds OK to me. From: Earle, Jeremy Sent: Tuesday, October 21, 2008 11:49 AM To: Stilson, Louise Cc: Ansbro,Tom Subject: Motion fo additional Consultants Hello Louise, For the next city commission under the consent agenda, I would like to have a motion allowing Michele Mellgren of The Meligren Planning Group to add additional subconsultants to her current contract with both the City of Dania Beach and the CRA for the CRA Redevelopment Plan Modification. The consultants who would be added at no additional cost to the city or CRA would be Integra Realty, Kimley-Horn and Associates and Jim Carras of Development Finance Counsel. Thank you very much Jeremy Earle, ASLA,AICP Executive Director Dania Beach Community Redevelopment Agency 100. W. Dania Beach Blvd Dania Beach, Florida, 33004 954-924-6800 ext 3732 (P) 954-921-2604 (F) Please consider the environment before prmUng this email 10/21/2008 CITY OF DANIA BEACH Agenda Item # 7 iz- Agenda Request Database Date of Commission Meeting: 10-28-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (7st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Authorize City Manager to purchase Salt Water Conversion Systems for C.W. Thomas and P.J. Meli Swimming Pools. To authorize Chammps Pools Inc. to install Salt Water Conversion Systems at C.W. Thomas and P.J. Meli Pools. f Dramatically reduces chemical costs, improves water quality, reduces water chemistry problems, and eliminates the issues associated with chemical storage. Sam Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Fiscal Year 2008 chemical budget$17,500.00 Fiscal Year 2009 chemical budget with salt conversion system $1,775.00. Exhibit 1 Resolution 3 hard copy proposals provided in Agenda Packet -E�hibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Mark T. Felicetty Date 10/17/08 Department Director Kristen L. Jones Date 10/17/08 Assistant City Manager Colin Donnelly Date 10/17/08 HR Director Date Finance Director Patricia Varney Date 10/17/08 City Attorney Thomas J. Ansbro Date 10/17/08 City Manager Colin Donnelly Date 10/20/08 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-202 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE SALT WATER CONVERSION SYSTEMS FOR C.W. THOMAS AND P.J. MELI POOLS IN AN AMOUNT NOT TO EXCEED $29,000.00 FROM CHAMMP POOL INC.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), authorizes the City Manager to purchase supplies, services, equipment and materials for the City government in amounts in excess of Twenty-Five Thousand Dollars ($25,000.00) without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the City Manager has determined that it is necessary to purchase salt water conversion systems for the C.W. Thomas and P.J. Meli pools, in an amount not to exceed $29,000.00 from Chammp Pools Inc.; and WHEREAS, the City Manager has determined that such purchases can be made at the least cost to the City by purchasing such items from Chammp Pools Inc.; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to pay Chammp Pools Inc. an amount not to exceed $29,000.00 for salt water conversion systems for the C.W. Thomas and P.J. Meli pools. Section 2. That the fundingfor this project will be derived from the General Fund in an P J amount not to exceed $29,000.00. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution shall be repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on this_day of , 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#2008-202 Leslie's Store#: 496 S��P=wPR.� Store Address: JMSLIES. HOLLYWOOD STORE Phone: 954-518-9626 Quote Fax: 954-518-9627 Quote#: Quote Name: CITY OF DANIA Date: 5-23.08 Customer: CITY OF DANIA ATTENTION:MARK Customer#: Billing Address: CITY OF DANIA(2 LOCATIONS/3 BODIES OF WATER Shipping Address: SAME AS BILL TO Contact: MARK Phone: Email: 3 POOLS CONSIDERED(350,000 GAL),(18,000 GAL),(70,000 GAL) Line# Item# Item Description Qty Unit Price Ext.Price 1 78104 POOL PILOT PROFESSIONAL(4 CELL SYS) 1 4,299.99 4,299.99 2 941-415C 4 CELL SYSTEM MANIFOLD WrrRI SENSOR 1 3,099.99 3,099.99 3 939-E CC 15 CELLS WJ UNION KITS 8 699.99 5,599.92 4 909-GO1.5 TRI SENSOR ASSEMBLY 4 199.99 799.96 5 LABOR LABOR 1 1,200.00 1,200.00 6 MATERIALS MATERIALS 1 200.00 200.00 7 16458 SALT 40LB BAGS 290 6.05 1,754.50 8 FUEL FUEL SURCHARGE 1 11.50 11.50 9 78103 POOL PILOT PROFESSIONAL(3 CELL SYS) 2 3,990.99 7,981.98 10 941-315C 3 CELL SYSTEM MANIFOLD WITRI SENSOR 2 2,990.99 2,990.99 11 DIG-220 AUTOPILOT POWER SUPPLY 1 799.99 799.99 12 941-15C CC15 COMMERCIAL MANIFOLD 1 895.99 895.99 ELECTRIC NOT INCLUDED WILL COORDINATE WITH YOUR ELECTRICIAN TAX EXEMPT CERTIFICATE NEEDEDII Notes: OUR PRICES ON EQUIPMENT ARE GUARANTEED TO BE THE LOWESTII THANK YOU FOR YOUR OPPORTUNITY! To Approve,Sign and Fax to: Subtotal: 31,325.80 For Questions,Please Call: Freight: 865.00 Tax: Signature: Date: Labor: 1,200.00 Print Name: Total: 33,380.80 _ IF A CONTRACT IS NEEDED TO COMPLETE THE JOB,LESLIE'S NEEDS TO APPROVE THE CONTRACT PRIOR TO J _ INVOICES IN EXCESS OF SI,000 WILL BE SUBJECT TO A DOWN PAYMENT. THIS QUOTE IS MADEAS OF THE DATE SET FORTH ABOVEJS GOOD FOR THIRTY(30)DAYS AND IS NOT INTENDED AS A SALES INVOICE.AFTER THE EXPIRATION OF THAT THIRTY(30)DAYPEIUOD,THE PRICE AND ANY OITIPR COMPONENTS OF THE QUOTEARE SUBJECTTO CHANGE IESSWOM GPOOLSUPPLIESHEREBYRESERVFS THE RIGHT TO MAKE ADJUSTMENTS TO THE QUOTED PRICE,AND TO ITS moDUCTAND SERVICE LINES,AND TO ANY QUOTES RELATED THERETO FOR VARIOUS REASONS INCLUDING,BUTNOr LJMr1'ED 70,CHANGING MARKET CONDITIONS PRODUCTAND SERVICE DISCONTNUATSON,PRODUCT AND SERVICE UNAVARABILrrY,MANUFAC- TURERPRICECHANGES.ERRORS NADVFRTHEIM;TS AND QUOTES,AND STATE OR FEDERALTAX CHANGES.TER IE SPoWCYREQUIRES THAT FULL PAYMENT MUST BE PAR)ON ANY ORDER BEFOREANY PARTS OR OUT-OFSTOCK ITEMS ARE ORDERED.UNLESS NOT®ABOVE,THIS 0007E DOES NOT INCLUDE CHARGES FOR FREIGHT. MEDIA(EG.,SAND,SALT OR DIATOMACEOUS EARTH),OR NSTALLATTON.LESLIR'S DOES NOT CERTIFY NOR WARRANT THE CONDITION OF THE POOL OR THE EQUIPMENT. IT IS THE REASONSIBum OF THE POOL OWNER-OPERATOR TO MANTAN THE POOLACCORDNG TO STATE AND LOCAL HEALTH CODE STANDARDS, Thank you for shopping with Leslie's nvl I�JJlyl„ '32-0 NL' '2, G-f- ED� t7�IN I.Q nS L"70C � I PL ��i®C)� L1 c . PROPOSAL aUBMITTED T0: Q3 C� I ZZ 0 ROP - WORK TO BE PERFORMED AT g j Den.- c' (:�Cbck - ADDRESS ADDRESS S b`ID.ty— t D _n D 0r.1 ssct l �LV -- T�p Z~_03 A>tYJL I j � DATE OF PLANS PHONE NO ��n10 J jjj c't5 ,�2 b4a00 cx -j73� ARCHITECT We hereby Oropose to furnish the materials and perform the labor necessary for the completion of_ '� l 5l`el1L /Ole PI T SALT [I.1 Z.AYZIrv� f71 �YLA'ttt rz ,*YY\5 AT' SysTt L�Lr _Pn•21c 01Pt✓T1Tra" v�L— t 1 1 L S --- .noRtc - _ Gr-I lc _ 3, 300_7 L�Jm_-_A`� Pia - DIE�ITK,L pl1 ---- LLc � o ,, All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawin submitted for above work, and completed in a substantial workmanlike manner for the sum of ah 1 ,4m) Th» specifications -fin rz r rc/ _ with payments to be made as follows: Dollars ($_ C) Any alteration or e(viation from above specifications involving extra costs Respectfully Submitte will be executed of I upon written order, and will became an extra charge over and above the estimate. All agreements contingent upon strikes, ac- Per eM)G "e cidents,or delays bat and our control. .� Note - This proposal may be withdrawn by us if not accepted within days. ACCE IANUE OF PROPOSAL The above price s, specifications and conditions are sat s ac ory and a are hereby accepted. You are authorized to do the work as specified, Payments will be made as outlined above. Signature Date -- .�.��.;, Signature D8118 WOE IN MEXICO PROPOSAL Chammp Pools Incorporated Proposal to the City of Dania Beach Tob31 Cost» $Z8,265.00 I. Location: PI NO Park Cost: $21,775.00 Installation of 15 Aqua Rite Electronic Chlorination Systems to supply optimal water chemistry, Breakdown: A. Main Pool( 14 Aqua Rite Electronic Chlorination Systems) Cost includes the following: Labor,electrical components,plumbing material, balancing water chemistry,and on-site training of pool technicians. B. Wading Pool( 1 Aqua Rite Electronic Chlorination System) Cost includes the following: Labor,electrical components,plumbing material, balancing water chemistry,and on-site. training of pool technicians. 11, Location: CW Thomas Park Cost: $6,490.00 Installation of 4 Aqua Rite Electronic Chlorination Systems to supply optimal water chemistry to the main pool. Cost includes the following: Labor,electrical components,plumbing material, balancing water chemistry,and on-site training of pool technicians. III. Acceptance of proposal Initial deposit of$22,000.00 will be required upon acceptance. IV. Final Payment Remainder of balance in the amount of$6,265.00 to be paid in full on day of completion. CITY OF DANIA BEACH Agenda Item # 7 Agenda Request Item Date of Commission Meeting: 10-28-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: __ sne vtit r t{yr :3 fi 3 +� v�.' i' ! , 'IYu— : Eac "�°d ��:5j e :.„.:.m ...... _. ,. .,, .t:..,a t,:mv.l�( t#r't!. !! I�t,fist'., , _,. ,v, l. .S_.._ !v....g1; 3 F1' � .�l.,G'1: �Ihi Approaurchase medical supplies and pharmaceuticals not to exceed the amount of$30,000.00 Wa - t4u r ill,, l '�i`ltl ! vd 4�itv,�},u',r .h fit' v, ... aa,�,ad� ,.,,°, E , is,.. °t E?°t, :, :i.:.__� ett:`2+' ! wavi '° I h�kttE SI w Required by city charter. OyIlI4 Iri ! !I, 3t7 t �'� t t 1-0 v °.rfaslithx .rvo!!� '�u..' .n.i �d�16. +, Continued purchasing from Broward Sheriffs Office, Department of Logistics t:.tlE{^' ru3 !E 'hk tt'rr 4 ?ti tt 'a t tv L� ar:.:`Fd i! F „ �.. i , tiF h" w, Till 3 t tRtr,A+a m.....:r..t v ,,,m„rw,., ... ,„na,d�, t s,,l ur t'ny�. r! Dept: 2201 Fire Rescue Acct#: 001-2201-522.52-70 Amt: $30,000.00 Fund: General: ❑X water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ .t. ..... B r t ,!I'FEgrr77��'a''Itd�[['���±' ����ryl�i t 3wR E ;k i n !r tS t .. ! Jv"I'll El�ttfthl;:l :'i"MOM � � IL... 5 16 #4€'Nlir o N Benefits provided by this vendor include utilization of a formal bid process (any purchase over$10,000.00 in bulk cost requires 3 bids, any bulk purchase over$30,000.00 requires 6 bids), with the majority of their purchases over$30,000.00 allowing us to have the lowest possible bulk pricing available. Additionally they offer next day delivery at no charge, no administrative costs, and aintenance of a fully stocked warehouse, all of which equates to the best local resource of needed medical supplies. ++q + +tv.COMM E gip, r ! r �n ljf:... i ..MINION rd�".fl r('g5�i'� a.N, ir i +St it + y rL'8's, ,,� +l iivi il,'!I !:.. ..... E ._.._� °�zzari '� :�w�� .�E .,'c�eirsI ng��'I° Budgeted expense ,e ON 'hk'rs i +ssu + !m at <Hid + .. v x. iu..i v R + yixeR.! RkbRh+E�Hi l + � vIi� �.k, ! i '� i '4 4iR 'E+ M��.� {y n.flm E&a i.� .._a .. '.._ _._�,el+�ci# ' .Rdv_�_...r+N+ v..„m�..vcvAt�i ...v �..-a Resolution authorizing the city manager to purchase supplies, services, equipment and materials from BSO Fire-Rescue Logistics in an amount no to exceed $30,000.00. Exhibit 7 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 __.. ! it S EyFa ! r 57 d�4k"+R{ ,ll i d 3 ",a EEE k E �`1 u'1Y67h '0,�"F,aT�rEfi' ter_.�...§;,.v�i'.� ;�k Submitted by Christy Lee Blocker Date 10/17/08 Department Director Jack McCartt Date 10/20/08 Assistant City Manager Colin Donnelly Date 10/20/08 HR Director Date Finance Director Patricia Varney Date 10/20/08 City Attomev Thomas J. Ansbro Date 10/21/08 City Manager Colin Donnelly Date 10/21/08 User Creating Item Item Name (do not use/or\in name) Christy Blocker BSO Medical Supplies 08-09$30,000.00 7I+IR '1 6 .. Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-210 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM THE BROWARD SHERIFF'S OFFICE, DEPARTMENT OF FIRE- RESCUE, IN AN AMOUNT NOT TO EXCEED $30,000.00 FOR FISCAL YEAR 2008-2009, FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 6), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of Twenty-Five Thousand Dollars ($25,000.00) without competitive bids and without advertisement for bids; and WHEREAS, the City Manager has determined that it is necessary to purchase designated supplies, services, equipment and materials from the Broward Sheriffs Office, Department of Fire-Rescue, for medical supplies and pharmaceuticals for use by the City of Dania Beach Fire- Rescue Department to ensure patient care; and WHEREAS, the City Manager has determined that such purchases can be obtained at a competitive price and timely delivered by the Broward Sheriffs Office, Department of Fire- Rescue; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to pay an amount not to exceed $30,000.00 for fiscal year 2008/2009, from the City of Dania Beach Fire-Rescue Department Budget to the Broward Sheriffs Office, Department of Fire-Rescue, for the purchase of medical supplies and pharmaceuticals. 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#2008-210 - CITY OF DANIA BEACH Agenda Item # ,• Agenda Request Item Date of Commission Meeting: 10-28-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance(1st Reading) ❑ Adopt Ordinance(2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: 3 I 1 F ., :� O+ 3 111 MM'. ..:!:W. 'm ! !" t? Approval to purchase medical supplies and pharmaceuticals from Memorial Regional Hospital in an amount not to exceed $30,000.00 for FY 2008/2009. i i*zg ro I l N i" ,,_ d ': 7 v a a rvS 1'S 1 �, w. rIfopo �y cr ijrv' , r , '� e i.._ '.,�_„r [�e4i3�vvtF'I° '3,� �..txa.� _,.'a'Ulwv.vWi.''t 5da v.�tt5l�'� flvko '�i5aiflElW HIM--Fsvv aPy,RP:.��'vi�'rl rx3 l,�y, .....,«:e Required by City of Dania Beach Charter rp5 6r {'G � it vet I WIN m' '.—j '� 't:Sri;1� ;1�" 'i�4 �' ; ".r'r� F�d, Tdgl' 36 j� vh __ !�3 a.e� _.��, ,......, ,. ;C. i5.05 ��,.:'iW a R.1 v m1'ir`�M„11 ;v �T� ", f'k4.31 I 13r'r+,�.x. A"!4 "�Ya�..Ya ol.i"CC�+l Allows for the purchase of pharmaceuticals and medical supplies in compliance with the City procurement policy. ,. l yvFl trvw �!l �FSB° y lv a i 1 4t�`6v3. �. / ° ; r ` tp+pjj �,,���(., tyAv dFLR I.5�YC;Ne}s:Em_.m:.h x "Si,:Y„e....tktMM.IKK.YH:'i#M.y 1 ... �. .1 �� h i '' "�3�. '611t �F i!� ,1, t.ra�i:,.:m' SVgI ....•.1'` t"Sh H�( M11. 1 Iel� �"W:v4.m'�.lv_N Dept: 2201 Fire Rescue Acct#: 001-2201-522.52-70 Amt: $30,000.00 Fund: General: ❑X water: ❑ Sewer: pp❑ Stormwater: ❑ Grants: ❑ Capital: ❑ 1 i 3� L� NN "'or� a l�l mi I i;�n 1 MERAIM , u.i.vEE.ii, !l��i Si anh.v4.e'i{c 1.S[L'rMHU.i34_nINS... ... .. By purchasing from this vendor, we are able to utilize the same supplies used by all area hospitals in patient treatment modalities. This allows for an expeditious transfer of our patients to awaiting emergency medical personnel without having to change treatment aspects based upon differences, i.e. catheters, tubing or other medical equipment utilized in patient care settings. Additionally, Dania Beach Fire Rescue orders and receives all its pharmaceuticals through the hospital pharmacy in a trade of used drug box for new, allowing for no medications to be purchased and/or stored at the fire department. All detailed paperwork relating to controlled substances governed by the DEA are recorded and protected by the hospital pharmacy. Hi yc y , vat �Rr V. a "-t t 34t zv, ly:��yR; ry s.y,t dt tyxilt t ttx�t 7 "' t r `ts�Wy,I.r.� �y i "rd Ian E.i q .. a Fui'1I,A.,uvy.g. R^ '''vtE ..{.a..xn Expenditures for medical supplies not to exceed $30,000.00 for FY 2009 ! a$taa�` kyEtG#. I ; Ixt� k wyt yr 1 e a ru ur x riaty tm e - + E ,� ; !p �!t to t lt.1 � + a tEli'�? ..mat k�v''=?k:' �t N3!' !!T`U. Resolution authorizing the city manager to purchase supplies, equipment and materials from Memorial Regional Hospital in an amount not to exceed $30,000.00 for FY 2009 Exhibit 1am NM Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 tit i I v R .. �, ! r— �t � q NS vt" .g i! �n l{Fi4MIRd�3ERW!!: .I'. .. _aa �'?w+ t�: .�I asw„i&'�.Fa2n-.{a9 �•'�..fT4!' y. Submitted by Christy Lee Blocker Date 10/17/08 Department Director Jack McCartt Date 10/20/08 Assistant City Manager Colin Donnelly Date 10/20/08 HR Director Date Finance Director Patricia Varney Date 10/20/08 City Attorney Thomas J. Ansbro Date 10/21/08 City Manager Colin Donnelly Date 10/21108 User Creating Item Item Name (do not use/or\ in name) Christy Blocker 08-09 MRH Medical Supplies over 30,000.00 Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ RESOLUTION NO. 2008-211 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM MEMORIAL REGIONAL HOSPITAL IN AN AMOUNT NOT TO EXCEED $30,000.00 FOR FISCAL YEAR 2008/ 2009, FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of Twenty-Five Thousand Dollars ($25,000.00) without competitive bidding and without advertisement for bids if he is authorized to do so in advance by a resolution adopted by the City Commission; and WHEREAS, the City Manager has determined that it is necessary to purchase designated supplies, services, equipment and materials from Memorial Regional Hospital for medical supplies and pharmaceuticals for use by the City of Dania Beach Fire-Rescue Department to ensure patient care; and WHEREAS, the City Manager has determined that such purchases can be obtained at a competitive price and timely delivered by Memorial Regional Hospital; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Manager is authorized to pay an amount not to exceed $30,000.00 for fiscal year 2008/2009, from the City of Dania Beach Fire-Rescue Department budget to Memorial Regional Hospital, for the purchase of medical supplies and pharmaceuticals. 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#2008-211 CITY OF DANIA BEACH Agenda Item # , • 7 Agenda Request Item Date of Commission Meeting: 10-28-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid 1RFP ❑ Presentation ❑ Continued from: ADOPT RESOLUTION FOR ENGINEERING SERVICES DURING CONSTRUCTION FROM CAMP DRESSER& MCKEE INC. FOR THE PUBLIC SERVICES ADMINISTRATION FACILITY ALLOWS OVERSITE DURING CONSTRUCTION OF PUBLIC SERVICES FACILITY BY THE DESIGNER , m PROVIDES NEEDED FACILITY . ; its ...4.H m � Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑X SEE MEMO BUDGETED CIP ITEM H x RESOLUTION MEMO PROPOSAL AGREEMENT Exhibit 7 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 eww i-- i h Submitted by Kathryn Florentine Date 10/06/08 Department Director Leo Williams Date 10/17/08 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 10/20/08 City Attomev Thomas J. Ansbro Date 10/20/08 City Manager Colin Donnelly Date 10/21/08 User Creating Item Item Name (do not use/or\ in name) Kathryn Florentine AGENDA REQUEST CDM WO 16 SERV CONS PS BLDG Commission Action: Approved: 7 Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-212 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO OBTAIN ENGINEERING SERVICES DURING CONSTRUCTION FOR THE PUBLIC SERVICES ADMINISTRATION BUILDING; MAKING FINDINGS; AUTHORIZING A WORK ORDER FOR $251,397.00 FOR ENGINEERING SERVICES TO BE PERFORMED BY CAMP DRESSER AND MCKEE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING FOR ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission previously approved a capital improvement program that included monies for a new Public Services Administration Building; and WHEREAS, the City requested a work order from Camp, Dresser and McKee for engineering services associated with construction of the new Public Services Administration Building; and WHEREAS, the work order follows a prior work order for nanofiltration, a ground storage tank, project coordination, the Southwest Community Center and water main upgrade work on the same site; and WHEREAS, specific services are outlined in the attached work order for engineering services during construction for the Public Services administration building; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,AS FOLLOWS: Section 1. That the foregoing findings are incorporated by reference and made a part of this Resolution. Section 2. That the City Manager is authorized to execute the work order to obtain the engineering services in the amount of$251,397.00, to be funded from the Capital Projects Fund, Water Fund, Sewer Fund and Stormwater Fund. Section 3. That the City Manager is authorized to delegate responsibility to appropriate City staff to carry out technical, financial, and administrative activities associated with the work order. Section 4. That all resolutions or parts of resolutions in conflict with any of the provisions of this Resolution are repealed. Section 5. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND LEGALITY THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-212 AGREEMENT THIS IS AN AGREEMENT (the "Agreement") entered into on 2008, between: THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation, (the "City") and Camp Dresser& McKee Inc. (the"Consultant"). In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged,the parties agree as follows: 1. Scope of Services. The Consultant agrees to perform consultant services for the City in accordance with the scope of services described in Exhibit "One", a copy of which is attached and made a part of this Agreement by this reference. The Parties acknowledge and agrees that services are to commenced or will commence on October 28, 2008 and that that date is the effective date and commencement date of the services. 2. Subcontracts. Consultant may subcontract certain items of work. It is expressly agreed by the parties, however, that the City shall approve in advance in writing any subcontractors and the fees to be paid them by Consultant prior to any such subcontractor proceeding with any such work. 3. Payment for Services. A. City agrees to pay Consultant for services provided by Consultant, as described in Section 1, a time and materials based fee with an upper limit of two hundred and fifty one thousand three hundred and ninety seven Dollars ($251,397) (the "Fee"). The Fee includes full payment, including all labor, overhead and other costs.No travel and meal costs are reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties, approved in writing in advance by the City. Any such costs are payable at the City reimbursement rate. B. Any necessary additional work, as determined by City, which is not covered by the scope of services described in the attached Exhibit"One", shall not be undertaken without a written amendment to this Agreement to that effect, executed in advance by both parties. C. Consultant shall submit its invoices in the format and with supporting documentation as may be required by City. D. City shall pay Consultant monthly for services rendered within thirty (30) calendar days from date of approval of each of Consultant's invoices by the City Manager. If any errors or omissions are discovered in any invoice, City will inform Consultant and request revised copies of all such documents. If any disagreement arises as to payment of any portion of an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. E. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. 4. Indemnification of Citv. A. Consultant agrees to indemnify and hold harmless the City for all costs, losses and expenses including, but not limited to, damages to persons or property including, but not limited to,judgments and attorneys' fees arising out of the negligent acts, errors or omissions or the willful misconduct of the Consultant, its agents, servants or employees in the performance of services under this Agreement. If called upon by the City, the Consultant shall assume and defend not only itself,but also the City, in connection with any suit or cause of action arising out of the foregoing, and such defense shall be at no cost or expense whatsoever to the City. This indemnification does not extend to acts of third parties who or which are wholly unrelated to Consultant. The covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to Consultant's responsibility to indemnify the City. B. It is specifically understood and agreed that the consideration inuring to the Consultant for the execution of this Agreement consists of the promises, payments, covenants, rights and responsibilities contained in this Agreement. C. The execution of this Agreement by the Consultant shall obligate the Consultant to comply with the foregoing indemnification provision; however, the collateral obligation of providing insurance must be also complied with as set forth below. 5. Insurance. Consultant shall provide, pay for and maintain in force at all times during the term of this Agreement, such insurance, including professional liability insurance, Workers' compensation insurance and comprehensive general liability insurance as stated below: A. Professional liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00) to assure the City of coverage of the indemnification specified in this Agreement. B. Workers' compensation insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws, for the benefit of the Consultant's employees. C. Comprehensive general liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The City is to be included as an"additional insured' with respect to any claims arising out of this Agreement. Page 2 of 8 D. Automobile Liability with minimum limit of One Million Dollars ($1,000,000.00) combined single limit. E. If Consultant hires a subcontractor for any portion of any work, then such subcontractor shall provide general liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). F. The Consultant shall provide the Risk Manager of the City Certificates of Insurance for coverages and policies required by this Agreement. All certificates shall state that the City shall be given thirty (30) days' advance notice prior to expiration or cancellation of any policy. Such policies and coverages shall not be affected by any other policy of insurance which the City may carry in its own name. All certificates (of insurance) must clearly identify the .contract to which they pertain, including a brief description of the subject matter of the contract. 6. Assignment of Agreement. A. It is understood and agreed by both parties that this Agreement, in whole or in part, cannot be assigned, sublet or transferred by the Consultant without the prior written consent of City. The City is relying upon the apparent qualifications and expertise of Jonathan Z. Goldman, one of Consultant's principals, and such person's familiarity with the City's circumstances and desires. In the event Consultant wishes to re-assign or replace such individual,the Consultant shall tender substitutes acceptable to City. In the event the City is not, for any reason or no reason at all, satisfied with such substitute, Consultant shall be considered in breach of this Agreement. Violation of the terms of this paragraph shall constitute a breach of Agreement by Consultant and City may, at its discretion,terminate this Agreement for cause and all rights, title and interest of Consultant in this Agreement shall then cease and terminate. B. The Consultant acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the City receiving timely services from other consultants (the "Supporting Consultants"). The Consultant agrees to use its best efforts to coordinate its services with the services of the Supporting Consultants and further agrees that in the event the rendition of any services of any of the Supporting Consultants is delayed, such delay will not entitle the Consultant to any additional compensation or payment of any kind. Furthermore, the Consultant shall not be entitled to an increase in compensation, or be entitled to payment of any kind from the City, for damages or expenses incurred which are direct, indirect or consequential or other costs and lost profits of any kind including, but not limited to, costs of acceleration, inefficiency or extended overhead, arising because of any other delay, disruption, interruption, interference or hindrance from any cause whatsoever, whether such delay, dismption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud, bad faith or active malicious interference on the part of the City. The Consultant shall only be entitled to extensions of time for performance as the exclusive and sole remedy for delay. Page 3 of 8 7. Examination of Records. Consultant shall maintain books, records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Consultant shall also maintain the financial information and data used by the Consultant in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The City shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the City. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have application to records or documents pertaining to this Agreement and Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. 8. Termination. A. Termination of Agreement for Convenience. It is expressly understood and agreed that the City may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant notice by certified mail, return receipt requested, directed to the principal office of the Consultant, thirty (30) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Consultant shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by City after conferring with Consultant. B. Termination of Agreement for Cause. If City elects to terminate the Agreement for cause, City will provide Consultant five (5) days' advance written notice. If Consultant promptly cures the matter giving rise to the cause within that time, this Agreement shall continue. If not timely cured, the Agreement will stand terminated and the City will pay Consultant for work completed less any costs, expenses and damages incurred by City as a result of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances then the termination shall be deemed to be a termination for convenience. Page 4 of 8 9. Ownership of Documents. All correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Consultant (and Consultant's independent professional subcontractors or subconsultants) pursuant to this Agreement shall become owned by and be the property of the City and the City shall consequently obtain ownership of them by any statutory common law and other reserved rights, including copyright; however, such documents are not intended or represented by Consultant to be suitable for reuse by City on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document verification or permission b Consultant for the specific purpose intended will be without written sP P rP P Y at City's sole risk and without liability or legal exposure to Consultant or to Consultant's independent professional subconsultants. If City alters any such documents, City will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. 10. Notices. Except as,provided above, whenever either parry desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the parry for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: City: Ivan Pato, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,Florida 33004 With a copy to: Thomas J. Ansbro, City Attorney 100 West Dania Beach Blvd. Dania Beach,Florida 33004 Consultant: Jonathan Z. Goldman,P.E., BCEE Camp Dresser& Mckee Inc. 6365 N.W. 6a'Way, Suite 200 Fort Lauderdale,Florida 33309 11. Consent to Jurisdiction. The parties agree that the jurisdiction for any legal action arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County,Florida, or the federal District Court in the Southern District of the United States. Each party further agrees that venue of any action to enforce this Agreement shall be in Broward County, Florida. 12. Governing Law. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 13. Attorneys' Fees and Costs. If City or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and expenses including,but not limited to, court costs and reasonable attorneys' fees. Page 5 of 8 14. Headings. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 15. Exhibits. Each exhibit referred to in this Agreement forms an essential part of this Agreement. Each such exhibit is a part of this Agreement and each is incorporated by this reference. 16. Severability. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 17. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. 18. Consultant and its employees and agents shall be and remain independent contractors and not employees of City with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. All agents, employees and subcontractors of the Consultant retained to perform services pursuant to this Agreement shall comply with all laws of the United States concerning work eligibility. 19. The Consultant understands and agrees that the City, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract, verbal or written, made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without City's written verification that the funds necessary for Consultant compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 20. Consultant warrants and represents that no elected official, officer, agent or employee of the City has a financial interest, directly or indirectly, in this Agreement or the compensation to be paid under it and, further, that no City employee who acts in the City of Dania Beach as a "purchasing agent" as defined in Chapter 112, Florida Statutes, nor any elected Page 6 of 8 or appointed officer of the City of Dania Beach, nor any spouse or child of such purchasing agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the Consultant and, further, that no such City employee, purchasing agent, City elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the Consultant. Material interest means direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of the Consultant. 21. Consultant shall comply with all federal, state and City laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment, the Americans With Disabilities Act ("ADA") eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the City reserves the right to verify the Consultant's compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 22. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling(including,but not limited to, all terms and provisions governing compensation). IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year fist above written. CITY: CITY OF DANIA BEACH, a Florida Municipal Corporation ATTEST: LOUISE STILSON IVAN PATO CITY CLERK CITY MANAGER APPROVED FOR FORM APPROVED AS TO "SCOPE OF AND CORRECTNESS: SERVICES" THOMAS J. ANSBRO DOMINIC F. ORLANDO, P.E. CITY ATTORNEY DIRECTOR OF PUBLIC SERVICES Page 7 of 8 CONSULTANT: WITNESSES: Siignature' a f� Jonathan Z. Goldman,Associate Print Name _ Print Name/Title Signature // Print Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me one �s 200�_, �0rr,. .._/IL-� 1 - .�1 , as st eai� respectively, of t/ w at w",Za ;,A corporation, on behalf of the corpo tion. He/she/they is/are personally known to me or have produced as identification and did (did not) take an oath. PHYLLIS M.TNOws MY Notary Pubfic•Stab of Florida ,3AYCorrirmsm Expires May 10,2009 NOT tAderyassn• My commission expires: Page 8 of 8 Exhibit "One" City of Dania Beach Engineering Services during Construction for Public Services Administration Building Work Order No. 16 Scope of Work I. Background and General Description of Services In 2007,the City of Dania Beach authorized CDM for the design and permitting of a new Public Works and Public Services Administration Building. This Authorization No. 16 is for general engineering services during construction associated with the Public Works and Public Services Administration Building previously designed under Work Order No. 10. In general,the services to be provided under this scope of work will consist of the following tasks: Task A General Services During Construction Task B Resident Project Representative Services Task C Special Services During Construction II. Scope of Work Task A-General Services During Construction The Consultant shall provide Basic Engineering Services in accordance with this scope of work prior to and during the proposed contract construction period to Final Completion (FC). This scope of work is for services during construction based on the Contract Time presented in the bid documents, as discussed in Section III. Services beyond these dates due to construction delays are not included. Basic Engineering Services shall include the following: A.1 Execution of Contract Documents After issuance of a Notice of Award by the City,the Consultant will request and review information from the Contractor and assist the City and coordinate with the Contractor in execution of the Contract Documents between the City and the Contractor.The Consultant shall CM A-1 aneme IVM prepare three (3) sets of documents for execution by the Contractor and the City. A.2 Conformed Contract Documents The Consultant shall conform the bid documents by incorporating addenda changes to the Drawings and Project Manual. Two copies of the conformed Contract Documents will be prepared,signed and sealed by the Consultant,for submittal to the Building Department by the Contractor. Two additional sets of conformed Contract Documents will be submitted to the City for record purposes. Consultant shall issue the Contract Documents for construction,consisting of conformed bid documents plus any Building Department permit revisions as follows: Contractor: 3 full-size sets 2 half-size sets City: 1 full-size set 3 half-size sets A.3 Prepare and Issue Notice to Proceed/Preconstruction Meeting Consultant shall provide necessary technical and administrative support to the City for the issuance of a Notice to Proceed (NTP) including organizing, coordinating,attending,and conducting a Preconstruction Conference. The Consultant shall compile,prepare, and distribute minutes of the Preconstruction Conference to all attendees and others,as appropriate. A.4 Substitution of Materials and Equipment The Consultant shall investigate,study,and advise the City on any proposed substitutions of material or equipment and shall advise the City with respect to same in accordance with the Contract Documents. The costs of reviewing substitute products,as submitted by the Contractor,shall be separately billed to the City and payment made to the Consultant. Reimbursement to the City,by the Contractor,shall be as defined within the construction Contract Documents. A.5 Consult and Advise Consultant shall provide technical advice and assistance to the City during the construction period. Consultant shall provide necessary Cm A-2 PhMs IUWM interpretations and clarifications of the Contract Documents. The Consultant shall maintain a computerized document control system (CDCS)to facilitate the tracking of documents during the construction period. A.6 Respond to Requests for Information (RFI) Consultant shall receive,log in, distribute, and respond up to five (5) RFIs related to technical interpretation of the drawings and specifications and requested changes to the Work. A.7 Periodic Site Visits Consultant shall provide periodic site visits at intervals appropriate to the various stages of construction to observe site conditions and the Work to determine whether the Work is in conformance to the Contract Documents. A.8 Progress Meetings Consultant shall conduct on-site project progress meetings on a monthly basis and prepare and distribute meeting minutes and periodic reports of field working conditions. Consultant's Construction Coordinator and Resident Project Representative will attend each meeting. Various design engineers will also attend the meeting at the appropriate stages of work. A.9 Review Shop Drawings Submittals Consultant shall receive and log in all shop drawings and distribute to appropriate parties for review. Consultant shall review shop drawings and samples,the results of tests and inspections,and other data submitted by the Contractor to determine whether the Work is in conformance to the Contract Documents. Consultant shall distribute submittals to appropriate entities after review. The cost of reviewing more than two (2) submittals of a single document due to Contractor's failure to adequately address the Consultant's comments shall be separately billed to the City and payment made to the Consultant. Reimbursement to the City for these additional reviews,by the Contractor,shall be as defined within the construction Contract Documents. A.10 Review Payment Requests and Schedules Consultant shall review pay requests and make recommendations to the City for payment to the Contractor. Consultant shall review Contractor's Cm A-3 any iw me Preliminary Progress Schedule and monthly progress updates through completion. A.11 Perform Milestone Site Visits Consultant shall visit the site to determine if the project is ready for partial utilization,substantial completion, and final completion to determine if the Work has been completed in accordance with the Contract Documents. Consultant shall prepare a punchlist of items remaining to be completed by the Contractor as part of each milestone. A.12 Project and Quality Management The Consultant shall provide administrative functions required to manage the Consultant's project elements including schedule and budget. Specific activities will include: A.13 Project Update Meetings-Consultant's project manager will prepare for and hold internal monthly status meetings with key project staff members throughout the life of the project. A.14 Quality Assurance(QA)/Technical Review-Consultant will maintain a program of QA on this project,including periodic (e.g.,quarterly) review of records and documentation. A.15 Preparation of Status Reports-Consultant's project manager shall prepare monthly written progress reports summarizing activities completed,work remaining,and identifying any problems which are ongoing or may be anticipated. Task B-Resident Project Representative Services The Consultant shall provide the services of a part time Resident Project Representative (RPR)to observe work of the Contractor for conformance to the Contract Documents. The RPR is the ENGINEER's agent and will act as directed by and under the supervision of the ENGINEER, and will confer with the ENGINEER regarding their actions in accordance with the provisions of the Contract Documents. The RPR's dealings in matters pertaining to the on-site work shall in general be only with the ENGINEER and Contractor. Dealings with subcontractors shall only be through or with the full knowledge of the Contractor. Written communication with the City will be only through or as directed by the ENGINEER. The Duties and Responsibilities of the RPR are listed in Attachment A. This scope of work is based on an average of approximately twelve (12) hours cm A-4 PMb "Uww per week of RPR services for a construction period of 450 days (from the Notice to Proceed to Final Completion). Task C-Supplementary Services During Construction The Consultant shall also provide supplementary services during construction. These services shall include the following: 1. Building Permit Process Assistance Consultant shall provide technical and administrative assistance to the Contractor in obtaining a City of Dania Beach Building Permit, including signing and sealing of documents for submittal to the Building Department,responding to questions and requests for information issued by the Building Department during the review process,and attendance at the final review meeting. 2. Change Orders Consultant shall negotiate with the Contractor on behalf of the City the scope and cost for any necessary change orders. Consultant shall prepare change order documentation to reflect adjustments to the construction Contract when warranted due to unforeseen conditions. An average of one change order per three months,in addition to a final reconciliation change order,are budgeted. 3. Record Drawings/Final Certification/Regulatory Agency Documentation Consultant shall coordinate the receipt and review of the Contractor's information showing those significant changes made during the construction process. Consultant shall prepare for the City a set of reproducible record drawings (black line), an AutoCAD copy on CD-ROM, and two (2)blackline print sets showing those changes made during the construction process, based on information furnished by the Contractor. Consultant shall prepare final certifications of completion of construction to appropriate regulatory agencies,along with record drawings as appropriate. Caw A-5 PS5%1iw9 7 4. Project Closeout and Final Submittals Consultant shall review the Contractor's certified survey of the Work. Consultant shall organize and participate in final project reconciliation meetings with the City or the Contractor and jointly where required. Consultant shall prepare the closeout documents and coordinate the closeout of the project. III. Time of Completion The time of completion is dependent upon the Contractor's completion of construction and is not within the control of the Consultant. This proposal is based on the Contract Times included in the"as-bid" construction contract documents for the Public Services Administration Building (i.e.,450 days to Final Completion). If necessary, additional engineering services associated with an extension of the construction contract beyond this date will be provided under a separate work order or as an amendment to Work Order No 16. IV. Proposed Compensation Engineer shall perform the types of services defined in this scope of work on a time and material basis with an upper limit of$251,397,which includes labor and other direct costs. Invoices will be submitted to the City and paid monthly in accordance with Consultant's current billing rates. Additional services beyond the upper limit available in this Work Order No.16 shall be provided under a separate work order or as an amendment to Work Order No.16. END OF EXHIBIT"ONE" CM A-6 PM165P611d&DB Ja Rge» x � xs °� � � ca � � $ a as � a z o s R g F s � F Fp E a ^ e e m m e m n e ry e J a«P I S d F 7 x• „ A „ A' S S „ � L' � d a R R E« E gg gg gg gg gg p R �» x » a a a '„" A ^ » E d E K = 9 'a 5i.� n �i n n n m U n N ui U City of Dania Beach Department of Public Services 100 West Dania Beach Blvd• Dania Beach,FL 33004 •(954)924-3741 (954)-923-1109(fax) TO: Mayor Albert Jones Vice Mayor Anne Castro Commissioner Bob Anton Commissioner John Bertino Commissioner Patricia Flury FROM: Ivan Palo, City Manager VIA: Dominic F. Orlando, P.E. Director of Public Services Date: October 15,2008 RE: Continuing Engineering Services - Recommendation to Award Work Order No. 16 to Camp Dresser and McKee for Engineering Services during Construction Introduction and Background The City Commission previously adopted as part of its Capital Improvement Project plans the relocating and building of a new Public Services Compound and Public Services Administration Building. Camp, Dresser and McKee (CDM) completed the design of the New Public Services Administration Facility under Work Order No. 10. CDM is the design engineer for the tank, high services pumps, nanofiltration plant and water plant upgrades and coordination and phasing of the improvements. A new Public Services Compound and Public Services Administration Building is needed to make the existing areas adjacent to the water plant available for the proposed 2-mgd water plant expansion. The existing facilities must be relocated to allow the water plant to expand and meet future water demand requirements. Addressing the new Public Services Compound and Public Services Administration Building is a major component of this process. The City requested a work order from Camp, Dresser and McKee for engineering services associated with the construction of the New Public Services Administration building. CDM submitted Work Order No. 16 and revised it several times until agreement was reached regarding the scope of work versus cost. Work Order No. 16 final cost proposal was submitted for and amount $251,397.00 as outlined in the detailed Scope of Work as attached in Exhibit A. Staff recommends approval of Work Order No. 16. Recommendation It is recommended that the City Commission award Work Authorization No. 16 (WA-16) under the continuing engineering services contract to Camp Dresser and McKee in the amount of $251,397.00 and authorize the City manager to execute the documents. CITY OF DANIA BEACH Agenda Item # - Agenda Request Item Date of Commission Meeting: 10-14-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance(1st Reading) ❑ Adopt Ordinance(2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: ,- gg g `� r - ,. � } '���� �'� �Y'�i�"*L�., .. �i�: Adopt a resolution to accept Florida Department of Education 's CCLC Grant for the Time-for-Kids Program. OPINION,v ram+-sa.� iv s�� ;�u� � � � �m _....., ..:. .� _..., Or This is required fiscal policy of the City of Dania Beach. � J,M . E � n a_+ . .1 y �, ��. �'�I It allow's the City to seek reimbursements for the grant funds expended for the 2008-09 academic year. ,S rd o y'5w r �� K=� s i' i'•??y.N I '�r �x. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ �n .. �,};�pr w, f p fl z �,'.�R...Ncai?}11i it ii 111..�! I No Nl'.�'1; ....., This is year five of the five year grant from the Florida Departmen of Education for the funding of the Time-for-Kids Program that was started by the Turn Around Dania Beach community organization. This grant pays for after school tutoring for 80 children grades K-5 at Collins Elementary School and for 120 children to attend summer camp. This application is done in partnership with Broward County's Children Services Council. II°Y{lt*> �¢t j �v A re-writing of the programming and budgeting has made the program more efficient and offering more services to more children than last year. The number children attending summer camp has been increased from 80 to 120 and the camp runs for an additional two weeks with a $25,000 savings in supplemental camp fees. arJ vWs' � r� i jl'k � `�� �'h � � ' ✓- w§. y�. ti�{ :yus i t''I �ry ��r��5k }�.j�iI i ay,�ii e:b.s .. ,,.t.:s,:milYril } :,:: .. !$d SS �:�a :n,t 41.: :4v. ii�.,ui.d ��l ...a.. :IW+..: : .,'i,$,X .:.:tka:�..'be{F�74..t��'..:V'�H�e Resolution Project Award Notification Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 { 'm�'Td�v r q $' }f t.rho pp� .. : u -�. S4LL. '��k!flif3aikt}' .h. �.�.,.-a.P '. _ �m��ti Site aEI Lreib�.�.i.l�t,a,h Submitted by Colin Donnelly Date 10/21108 Department Director Date Assistant City Manager Colin Donnelly Date 10/21/08 HR Director Date Finance Director Patricia Varney Date 10/21/08 City Attomev Thomas J. Ansbro Date 10/21/08 City Manager Colin Donnelly Date 10/21/08 User Creating Item Item Name (do not use/or\ in name) Colin Donnelly CCLC grant acceptance 2008 -09 Mal, . � : Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-213 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT RELATED TO FLORIDA DEPARTMENT OF EDUCATION 215` CENTURY COMMUNITY LEARNING CENTERS (2008-2009) IN THE APPROXIMATE AMOUNT OF $280,000.00, TO PROVIDE FUNDING FOR AN AFTER SCHOOL TUTORING PROGRAM KNOWN AS "TIME-FOR-KIDS" AND FOR SUMMER CAMP; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT UPON ITS AWARD, AUTHORIZING THE DIRECTOR OF FINANCE TO APPROPRIATE THE FUNDING UPON AWARD; AUTHORIZING EXTENSIONS, IF NEEDED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has funding for the "Time-for-Kids after school tutoring program and summer camp program in the amount of$280,000.00; and WHEREAS, the Florida Department of Education 21" Century Community Learning Center (CCLC) has awarded the City of Dania Beach on October 6, 2008, a grant in the amount of$280,00.00 for the Time-for-Kids after school tutoring program and summer program; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application for the Florida Department of Education 21" Century Community Learning Center ("CCLC")for the 2008-2009 academic year pertaining to the "Time-for-Kids"program and the summer camp program, in the amount of$280,00.00 to be submitted by the City of Dania Beach to 21st CCLC, is approved and the appropriate City officials are authorized to execute it. Further, such officials are authorized to accept and execute the grant agreement upon its award and any time extensions if necessary. Section 2. That the City Manager and City Attorney are authorized to make minor revisions to the application and agreement as are deemed necessary and proper for the best interests of the City. Section 3. That upon execution of the agreement, the Finance Director is authorized to appropriate the budget by the award amount in grant revenue and the appropriate expenditure account. 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 2 RESOLUTION#2008-213 Florida Department of Education Project Award Notification 1 PROJECT RECIPIENT 2 PROJECT NUMBER The City of Dania Beach 06E-2449A-9PCC 1 3 PROJECT/PROGRAM TITLE 4 AUTHORITY 2008-2009 21 st Century Community Learning Centers 84.287C 21 st CCLC NCLB,ATD,Title IV, Part B (CCLC)Continuation TAPS 09B002 5 AMENDMENT INFORMATION 6 PROJECT PERIODS Amendment Number: Type of Amendment: Budget Period: 07l01/2008-06130/2009 Effective Date: Program Period: 07/01/2008-06/30/2009 7 AUTHORIZED FUNDING 8 REIMBURSEVIFNT OPTION Current Approved Budget: $280.000.00 Reimbursement with Performance Amendment Amount: Estimated Roll Forward: Certified Roll Amount: Total Project Amount: $280,000.00 9 TIMELINES • Last date for incurring expenditures and issuing purchase orders: 06/30/2009 • Date that all obligations are to be liquidated and final disbursement reports submitted: 08i20/2009 • Last date for receipt of proposed budget and program amendments: 06/30)2009 • Refund date of unexpended funds;mail to DOE Comptroller,325 W. Gaines Street, 944 Turlington Building,Tallahassee, Florida 32399-0400: • Date(s)for program reports: • Last date for receipt of invoice : (16i30r2009 10 DOE CONTACTS I I DOE FISCAL.DATA Program: Lingo,Lam Comptroller's Office Phone: (850)245 -0852 (850)245-0401 DBS: 40 90 60 Email: Lani.Lingglu)tldoe.org EO: 49 Grants Management: Unit B(850)245-0496 Object: 720000 12 TERMS AND SPECIAL CONDITIONS • This project and any amendments are subject to the procedures outlined in the PrvjeS.t ASplieation and knit Imenl Procedures for Federal and State Programs(Green Book)and the General Assurances for Participation in Federal and State Programs. • For federal cash advance projects,monthly expenditures must be submitted to the Compiroller's Office by the 20"of each month for the preceding month's disbursements utilizing the On-Line Disbursement Reporting System. • Other: See page 2,item 12 continued. 13 APPROVED: Autho " ed eial on behalf o ], Sm Da of Si ning mmissioner of Education DOE-20 INSTRUCTIONS PROJECT AWARD NOTIFICATION I Project Recipient: Agency,Institution or Non-Governmental entity to which the project is awarded. 2 Project Number: This is the agency number,grant number,and project code that must be used in all communication.(Projects with multiple project numbers will have a separate DOE-200 for each project number). 3 Pmjcct Description: Title of program and/or project. TAPS N: Departmental tracking number. 4 Authority: Federal Grants-Public Law or authority and CFDA number. State Grants-Appropriation Line Item Number and/or applicable statute and state identifier number. 5 Amendment Information:Amendment number(consecutively numbered),type(programmatic,budgeting,time extension or others)in accordance with the Project Antlic;gjcq,p0d Amendment Procedures for Federal and State Programs(Green Book),and effective date. 6 Project Periods:The periods for which the project budget and program are in effect. 7 Authorized Funding:Current Approved Project(total dollars available prior to any amendments);Amendment Amount(total amount of increase or decrease in project funding);Estimated Roll Forward(roll forward Rods which have been estimated into this project);and Total Project Amount(total dollars awarded for this project). S Reimbursement Options: Federal Cash Advance-On-Line Reporting required monthly to record expenditures. Advance Payment-Upon receipt of the Project Award Notification,up to 25%of dte total award may be advanced for the first payment period. To receive subsequent payments,M of previous expenditures must be documented and approved by the Department. Quarterly Advance to Public Entity-For quarterly advances of non-federal funding to state agencies and LEAS made m accordance within the authority of the General Appropriations Act.Expenditures must be documented and reported to DOE at the end of the project period. If audited,the recipient must have expenditure detail documentation supporting the requested advances. Reimbursement of Expenditures-Payment made upon submission of documented allowable expenditures. Reimbursement with Performance-Payment made upon submission of documented allowable expenditures,plus documentation of completion of specified performance.objectives. 9 Timelines: Date requirements for financial and program reporting/requests to the Department of Education. 10 DOE Contacts: Program contact for program issues,Grants Management Unit for processing issues,and Comptroller's Office number for payment information. 11 DOE Fiscal Data: A unique payment number assigned by the Department of Education. 12 Terms and Special Conditions: Listed items apply to this project.(Additional space provided on Page 2 of 2 if needed.) 13 Approved: Approval signature from the Florida Department of Education and the date signature was affixed. 12. Continuation of Terms and Special Conditions from Pago I of 2 Funds for any performance-based projects will be disbursed upon receipt of invoice forproducts and services submitted in accordance with the approved schedule.Documentation should be submitted to Grants Management,Department of Education, 325 West Gaines Street,Room 3258,and Tallahassee,Florida 32399-0400. By August 20,2009,the following must be completed: A. All obligations must be liquidated. B. Project Disbursement Report(DOE 399)and the appropriate deliverables must be submitted with final invoice for payment. If die agency's actual cost of this project is less than the amount received,a refund check made payable to the Department of Education must be attached. Should you have any questions regarding these spacial term and conditions,please call Grants Management at(850)245-0491t. DOE-200 Revised 02M5 Page 2 of 2 MGM ! - FLORIDA DEPARTMENT OF EDUCATION TAPS Number PROJECT APPLICATION 9 Please return to: A)Program Name: DOE USE ONLY Florida Department of Education Dmc lt=ived Office of Grams Management Tama 4 Kids—The City of Dania Beach Room Tmlington Building �. 325 West Gaines Street n 2- - Tallahassee,Florida 32399-0400 r''l c4 .. Telephone: (850) £� - Suncom: B)Name and Address o(Eligible Applicant: Project Number_00E(Assigned) The City of Dottie Beach -- 100 West Dania Beach Blvd Dania Beach,Florida 06E-2449A-9P= C) Total Funds Requested: D) Applicant Contact Information S 20,000,00 Contact Name: Mailing Address: Nanci Sodikoff After School Programs,Inc. DOE USE ONLY 1520 S.Powerime Raoul,Deerfield Beach Telephone Number., SmCom Number: Total Approved Project: 954-596.9000 ext.209 $ Fax Number: E-mail Address:nsodikoi Caurspkids.com 954-596-9880 CERTIFICATION 1, Ivan Palo do hereby certify that all facts, figures, and representations made in this application are true, correct, and consistent with the statement of general assurances and specific programmatic assurances for this project. Furthermore, all applicable statutes,regulations, and procedures; administrative and programmatic requirements; and procedures for fiscal control and maintenance of records will he implemented to ensure proper accountability for the expenditure of funds on this project. All records necessary to substantiate these requirements will be available for review by appropriate state and federal staff. I further certify that all expenditures will be obligated on or after the effective date and prior to the termination date of the project. Disbursements will be reported only as appropriate to this project,and will not be used for matching funds on this or any special project,where prohibited. Further, I understand that it is the responsibility of the agency head to obtain from its governing body the authorization for the submission of this application. E) 'Sj96AArc of Agency llead DOE 100A aamm Revised 12/07 Page 1 of Dr. EricJ. Smith,Commissions A) CITY OF DANIA BEACH TAPS Number Name of Eligible Recipient; 09BOt)2 B) 06E-2449A-SPCC1 Proiect Number:(DOE USE ONLY) FLORIDA DEPARTMENT OF EDUCATION BUDGET NARRATIVE FORM (4) (1) (2) (3) FTE (5) FUNCTION OR$ECT ACCOUNT TITLE Al"NARRATIVE POSITION AMOUNT 12-10 Salaries:Executive Director 0.10 9,000 Responsible ibr planning,coordinating,and supervising the educational and recreational curriculum for the 21`CCLC program.Conducts site visits,staff meetings,and assures program compliance with 210 CCLC requirements, sustainability and partnership acquisitions. Oversees all 21'CCLC data collection,analysis,.and reporting. This Position works in tandem with the 21' CCLC A=Coordinator in lieu of a traditional 21"CCLC program director. (6056 Admintshwilve) 21'CCLCfunde will pay 10%ofaonual salary of$90,000=$9,000 Children Services Council(CSC)farads will pay 5:5%of minual salary. 12-10 Salaries:Area Coordinator 0.30 20,000 Responsible for the day-tD-day management of the 21."CCLC program. Coordinates the implementation of curriculum,serves as a liaison with the Parent-Teacher Organization,,Student Advisory Committees,and parents;and assists with data collection,analysis,and reporting.Ensures all.2l"CCLC guidelines are being followed and"best practices"are being implemented. This position works in tandem with the 21"CCLC Executive Director in lieu of a traditional 21'CCLC program director. 21'CCLCfundt will pay 50%ofannual salary of$40,000=$20,000 CSC/unds will pay 50%of annual salary of$40.f)00=$20,000 12-10 Salaries:Site Directors 0.56 29,538A0 Responsible for supervising actively participating 21'CCLC students and staff during the 21 a CCLC program,Plans and prepares program schedules to ensure daily activities am implemented in accordance with planned educational and recreational curriculums,policies and practices.Duties will include,but not limited to:enrollment and tracking of students and attendance;assists with site data collection and dissemination for performance evaluation,attend monthly site directors'meetings,supervise students during late pick-up,management training to pick-up eonsumablelperishable materials,maintaining inventory of supplies and equipment,supervise and document breakfast,lunch,and snack programs,communicates with parents regarding student progress. Collins Elementary:($29,538 paid by 21'CCLC) 1 SW Director(AS)x 325,001hr x 4,5 hrslday x173 days=$19,688 ($deeringslpick-up)x$25,001hr x 2 hrslmih x 12 mths-$600.00 (Planning meetings)x$25.001hr x 5hrsimeeang x 2 meetings=$250 (Summer)x$251hr x 8 hm dayx 45 days-S9000.00 - Danis Elementary:(1125,360 paid by CSC) I Site Direelar(AS)x$16ihr x tJ hrsldayx 5 dyslwkx 36 wks-$12,960 (Early release)x$16.0(Wrx 2 hrslday x 6 days-$192 (Marcagement training)x$161hrx 2.5 hrslisessianx 6 sessions"-S240 (Late pick-rip)x$16.00/hr x.5 hrslday x 5 daysiwk x 36 W3-$1,440 (Afeefrngslpick-up)x S16.004itex 2 hrtmali x 12 mina=S384 (Planning meetings)x$16.001hr x 5luslmeeNng x 2 meetings-S160 (Non School Days)x$16O&hr x 11 hri f day 24 days=S4,224 (Summer)x$16:001hra 8 hnslalay x 4S days-S5,760 DOE 101 Revised 12107 Page i of 5 Dr.Eric J.Smith,Commissioner i 12-10 Salaries:Assistant Site Director 0.17 3,650 Responsible for assisting the Site Director in supervising actively participating students and staff during the 21°CCLC summer program. Assists with planning and preparing program schedules to ensure daily activities are implemented in accordance with planned educational and recreational curriculums,policies and practices.Duties will include,but not limited to:assists in enrollment and tracking of students and attendance;assists with site data collection and dissemination for performance evaluation,assists in supervising students during late pick- up,assists in picking-up consumable/perishable materials,assists in maintaining Inventory of supplies and equipment,assists in supervising and documenting breakfast,lunch,and snack programs,assists in communicating with parents regarding student progress and is available on-site when students are attending off-site activities to handle emergencies and communicate with parents. Assistant Site Directors will participate in one,five hr training session before the start of the 21"CCLC summer program and one,five hr training before start of school year. Collins Elementary:($3,650 paid by21"CCLC) 1 Assistant Site Director(summer)x 5101hr x 8 hrv/ x 45 days=$3,600 (Planning meeting)x$10/hr x 5 hrt/meeting x I meeting=$50 Danis Elementary: ($3,650 paid by CSC) I Assistant Site Director(summer)x S10/hr x 8 hrs/day x 45 days—$3,600 (Planning meeting)x$10/hr x 5 hrs/meeting x I meeting=S50 12-10 Salaries:Certified Teachers 0.42 32,700 Responsible for the implementation of the planned educational curriculum in the areas of reading,math,and science for actively participating 21' CCLC students during the 21'CCLC program. Teachers will work closely with the Site Coordinators to ensure the attainment of appropriate benchmarks and performance indicators. Maintain student and program documentation and ensure safety of actively participating 21'CCLC students at all times.Teachers will participate in one 1 Its training session before the start of the 21e CCLC after school program and in a 1 hr training session before the start of the 21r CCLC summer program. Coll{na Elementary:($32,700 paid by 11e CCLC) 2 Teachers(AS)x S251hr x 2hrslday x 5 dayslwk x 36wks=$18,000 (Planning meeting)2 x$15 x 2 hrs=$100 (Summer)4 x$251hr x 4 hrs/day x 4 days/wk x 9 wks=514,400 (Planning meetings)4 x S25Ihr x 2 total hrs=$200 Dania Elementary:(139,900 paid by CSC) 2 Teachers(As)x$251hr x 1 hrslday x 4 dayslwk x 36wks-$21.600 (Planning meeling)2 x$25 x 2 hrs=$l00 (Summer)4 x S251hr x 4 hrslday x 5 days/wk x 9 wks-518,000 (Planning meetings)4 x$251hr x 2 total hrs=$200 12-10 Salaries:Computer Teacher 021 14,400 Responsible for provide technology education services for actively participating 2l°CCLC students during the 21'CCLC program. Maintain student and program documentation and ensure safety of actively participating 21a CCLC students at all times. Collins Elementary: I Computer Teacher(after school)x$251hr x 8 hrs/wk x J6wks=$7,200 (Summer)!x$25/hr x 4 hrs/day x 4 dayshvkx 9 wks=57,200 DOE 101 Revised 12/07 Page 2 of 5 Dr.Eric J.Smith,Commissioner 12-10 Salaries:Counselors 3.33 73.385 Responsible for the cleanliness of 21st CCLC program sites,address behavior concerns in the classrooms,monitor student movement while on- site,including to the bathrooms;assist Certified Teachers as needed in program activities,provide homework and tutoring services;organize and distribute breakfast,lunch,.and snacks;record student attendance,and ensure the safety of actively participating 21"CCf,C students during the 21'CCLC.program.Counselors will participate in one 5 hr training session before the start of the 21"CCLC after school program and in a.5 hr training session before the start of the 2I"CCLC summer program. Collins Elementary;($73,385 paid by 21'CCLQ 2 Counselors(AS)x$12.501br x 4 hrslday x 175 dayslwk =$17,500 1 Counselar(AS)x S12.501hrx 3.5 hrstdayx 175 days=$7328 {Summer)4 x$12.501br x 8 hrslday x 5 dayslwk x 9 wks=$18,000 (Planning meeting 3 x$12.501hr x 5 total hrs=S/88 I Counselor(AS)x$8,50/hr x 4.5 hrslday x 175 days-$,6 694 1 Counselor(after school)x$9.001hr x 4hrs/dayx 175 days=$6,300 (Early release) l x$8.50Ibrx 2 hrslday x 5 Boys-S 85 (Early release)I x$9.001hr x 2 hrslday x 5 days=$90 (NS days) 1 x$8.50/hr x 230 hrs=$1,955 (AT days)!x$9.001hrx 230 hrs=$2,070 (Lure picknrp)I x 88.501hr s.5 hrsIday x 5 dayshvk x36 wks---$765 (Summer)4 x$8,501hr x 8 hrslday x 5 dayslwkx 9 wkr=$I Z240 (Planning meeting 4 x 38,50Ihrx 5 total hrs=$170 Dania Elementary: ($62,154paid by CSC) 1 Counselors(AS)x$91hr x 4 hra/diry x 5 dayslwk x.36wks=$12,960 (Planning meeting 2 x$91hr x 5 total brv=$90 3 Counselor(AS)x S9/hrx 4.5 hrslday x 5 dayslwk x 36 wks=$21,870 (Early release)3 x$9/hr x 2 hWday x 6 days=$324 (Laic pick-up) I x$9/hr x.5 hnvlday x 5 dayslwk x36 wks=$810 (Summer)8 x S9Ihr x 8 hrs/dayx 5 dayshvk x 9 wks=$2S,920 (planning meeting)4 x$91hrx 5 total hrs=$180 12-10 Salaries: Adult Computer/TechnologyInstructor 0.01 700 Responsible for the delivery and management of the adult literacy/multi- media curriculum to parents of actively participating 21"'CCLC students. Collins Elementary I Instructor S251hr x 2 heslsession x 14 sessions-$709 21-10 Fringe Benefits 20,171. To provide FICA(7.650%)and Unemployment/Worker's Compensation (3.5%j,totaling 11%for the 21"CCLC portion of positions at Collins and Dania Elementary.($594 Administrative) Collins Elementary $183,271 x 11%=$20,171 paid by 21"CCLCfunds Dania Eiementary $156,014'x 11%=$17,162 paid by CSC funds 34-10 Contracted Services:Schaal Liaison 2,000 To serve as a link between the regular school and the 21"CCLC program at Collins Elementary;to communicate needs,student and program progress,and successes;and collect student data to include;but not I invited to attendance,behavior,report card grades,and FCAT scores. (50e.4 DOE 101 Revised 12107 Page 3 of 5 Dr.Eric J.Smith,Commissioner 34-10 Contracted Services:Cultural Arts Shows 3,900 Provides educational enrichment activities to actively participating 21" CCLC students on-site to enhance student learning experiences. Providers will include Mad Science,High Touch-High Tech,World Arts Now, Superstar Productions,Fiippany,Young at Art,Fantasy Theatre,and Developmental Associates. Collins Elementary 13 events x$300-$3,900 paid by 11"CCLC Dania Elementary 13 events x$300=$3,900 paid by CSC 40-10 Travel 4,902 Travel and associated travel costs for three active 21"CCLC staff members to attend a regional 21"CCLC conference,the statewide 21" CCLC conference,and the national 21st CCLC conference. Registration Fees:$1101staJfx 3 staffx 1 conference=$360 Airfare:$500 x 3 staf x I conference=1,500 Hotel:$1391nightx 6 nights/staffk 3 staff=$2,502 Per Diem:3 staffx$301day x 6 days=$540 31.60 Transportation 14,010 Provide bussing of actively participating 21"CCLC students for educational field trips during the 21 a CCLC program. Collins Elementary(S14,010 pad by 21'CCLC) I bus x$290 per day x 23 days=$6,670(afler school) 3 bus x$185 d*l day per week x 8wks—S 4,440(summer) 1 bus x$290 per day x 5 days=$2,900(last week ofsummer program) Dania Elementary($10,290 paid by CSC) I bus is 5290 per day x 24 days—$6,960(after school) 2 bus x$185 dayll day per week x 9 wks=S 3,330(summer) 40.10 Field Trips 17,5t10 Admission fees for actively participating 21"CCLC students to attend off-site educational programs that align to the 21a CCLC curriculum and enhance the learning experiences of students during the 21"CCLC program.Field trips will clearly support the approved goals and objectives of the 21"CCLC program,and all trips will be based upon established educational curriculum.All field trip expenditures will follow applicable federal.Hate,and local rules and rcgula8ons governing field trips.Tickets will be purchased from educational centers of the field trip locations and will include the available educational components and lesson plans.Anticipated field trip locations include Seminole Indian Village, Miami Children's Museum,Museum of Discovery and Science,Everglades Holiday Park,Young or Art,Young Chefs,Lion Country Safari,W annado City, Ft,Lauderdale Historical Museum,South Florida Planetarium,Curtain Call Playhouse(3),Swimming Hall of Fame,Fishing Hall of Fame,Metro Zoo, Butterfly World,Parker Playhouse(3),Parrot Jungle,Flamingo Garden,and Moraksmi Gardens.When school is closed,the 214 CCLC is not permitted to use the site for programming,therefore,to prevent students from having no structured activities on these days,.students participate in educational field trips. Collins Elementary(317,500 paid by 21"CCLC) 23 trips x$71student x40 students=S6,440(after school) 9 trips x S7lstudent x 120 students=$7,560(summer) 5 trips x$71student x 100 students=$3,500(last week summer) Dania Elementary($12,600 paid by CSC) 24 trips x$7/student x 30 students—5,040 (after school) 9 nipsx$7lstudents 60 students=$7,560(summer) DOE 101 Revised 12107 Page 4 of 5 Dr.Eric J. Smith,Commissioner 23-10 Student Liability Insurance 7,306 Liability Insurance far students to participate in the 21 st CCLC after school and summer programs. (Administrative) Annual fee of$14,612 l$l,306 paid by 21"CCLC) 41-20 Printing and Postage 600 Printing for the production of education materials,curriculums,and study aids;postage for disseminating and reporting evaluation data for the 21 st CCLC program. Collins Elementary-$600 a#%Evalaadon;50%Admintstradre) 52.20 Materials and Supplies:Consumables 9,73E To purchase necessary items for use exclusively by actively participating 21"CCLC students,to include paper,toner,pens,pencils,folders,binders, arts and crafts materials,painting supplies,poster boards,construction paper,educational board games,culinary materials and supplies,balls, cones,jump ropes,and stop watches for use during the 21st CCLC program. Total:$15,786($8,738 paid by 21"M0. 54.10 Materials and Supplies:Curriculum 5,000 To purchase supplementary reading,math,and science books,workbooks, manipulatives,and any additional educational materials as recommended by Broward County Public School for use exclusively by actively participating 210 CCLC students during the 21 st CCLC program. Total:312,008(S5,000 paid by 21"CCLC) 34-10 Contracted Services:Independent Evaluator 12,000 Quantitative and qualitative data will be collected throughout the 21st CCLC grant period,All evaluation activities will be used to continually refine,improve,and strengthen the program in order to achieve the stated goals and outcomes. (Evan alWn) 34-10 Contracted Services:Custodial Services 500 To provide a clean and safe environment for actively participating 2I" CCLC students during the 2l"CCLC program at Collins Elementary. $280,000 Atimm:513,600(4.86%.) EvAt.:$13,300(4.750/9) DOE 101 Revised 12/07 Page 5 of 5 Or,Eric J.Smith,Commissioner CITY OF DANIA BEACH Agenda Item # 7 9 Agenda Request Item Date of Commission Meeting: 10-14-2008 Public Hearing ❑ Adopt Resolution ❑ Adopt Ordinance(1st Reading) ❑ Adopt Ordinance(2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Adopt a resolution that approves a contract between the City of Dania Beach and After School Programs, Inc for the administration of the Time-for-Kids after school tutoring program and summer camp. The City Charter requires that the City Commission approve contracts greater than $25,000. Provides afterschool tutoring and summer camp to the youth of the City of Dania Beach. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ ASP, Inc has been providing after school services to the children of Dania Beach under the M.O.S.T program since 2003 and recently for Time-for-Kids. They are the largest provider of afterschool and tutorial services in Broward County. The full resources of the CCLC grant are commited to Collins Elementary where as before, 50% of the resources went to Dania Elementary. After the loss of the MOST grant, CSS, the City, ASP and CCLC teamed up to cover all the children of Dania through a shared agreement. The Dania Elementary program is now paid for by CSC and administered by ASP. There is a $28,000 administrative fee paid to ASP, which represents 10% of the contract amount. The City did not pay this fee in the prior year due to the fact that ASP had charged it for administering the MOST grant. There is an additional cost of$2,000 for snack during the summer program, which is a non re-imbursable cost in the CCLC grant. Resolution Contract Amendment Project Award Notifcation 2008 Amendment 2007 Contact Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 , Submitted by Colin Donnelly Date 10/21/08 Department Director Date Assistant City Manager Colin Donnelly Date 10/21/08 HR Director Date Finance Director Patricia Varney Date 10/21/08 City Attomev Thomas J. Ansbro Date 10/21/08 City Manaaer Colin Donnelly Date 10/21/08 User Creating Item Item Name (do not use/or\ in name) Colin Donnelly ASPContract Time for Kids 2008-09 Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-214 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE AGREEMENT EXISTING BETWEEN AFTER SCHOOL PROGRAMS, INC ("ASP"). AND THE CITY OF DANIA BEACH IN CONNECTION WITH THE TIME-4-KIDS PROGRAM, AN AFTER SCHOOL PROGRAM AND THE 2009 SUMMER PROGRAM; SUCH AMENDMENT TO PROVIDE THAT ASP SHALL PROVIDE STAFFING TO COMPLY WITH THE REQUIREMENTS OF LAW AS ADMINISTERED BY THE 21s` CENTURY COMMUNITY LEARNING CENTERS OF THE FLORIDA DEPARTMENT OF EDUCATION; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the T.LM.E.4-KIDS program is funded by a grant in its entirety by the 21" Century Community Learning Centers (2151 CCLC), Florida Department of Education in an amount equal to $280,000.00 which may be adjusted in accordance with the Approved Program Budget by the Department of Education; and WHEREAS, After School Programs, Inc., a Florida non-profit corporation located in Deerfield Beach, Florida, has submitted a proposal to administer the grant for an amount consistent with the grant award; and WHEREAS, ten (10%) of the administrative fee charged by the After School Programs Inc. and snacks ($2,000) provided to the children are not covered by the grant; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, approves the execution of an amendment to the existing agreement between the City and After School Programs, Inc., which amended Agreement is attached as Exhibit "A" to this Resolution, for an amount not to exceed $310,000.00, such amendment to provide that ASP shall provide staffing to comply with the requirements of law as administered by the 21" Century Community Learning Centers of the Florida Department of Education. Section 2. That the proper City officials are authorized to execute the amendment to the Agreement, and the City Manager and City Attorney are authorized to make revisions to such Amendment as are deemed necessary and proper and in the best interest of the City. Section 3. That upon execution of the amendment to the agreement the Finance Director is authorized to appropriate the additional required funding of$30,000 from the Law Enforcement Trust Fund. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and in effect retroactive to August 18, 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 2 RESOLUTION#2008-214 AMENDMENT TO THE CONTRACT FOR SERVICES BETWEEN THE CITY OF DANIA BEACH AND AFTER SCHOOL PROGRAMS,INC. This is an Amendment to a Contract for Services ("Amendment'), which Contract for Services ("Contract') exists between the City of Dania Beach, Florida("City") and After School Programs, Inc., a Florida corporation ("ASP"). This Amendment is entered into and becomes retroactive to August 18, 2008, and it is an amendment to the existing Contract, which Contract is dated October 3, 2007, as it was amended on June 24,2008. City and ASP wish to further amend the Contract. In consideration of the mutual covenants,terms and conditions contained in the Contract and this Amendment, and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree to the following: 1. Paragraphs 1 and 2 are deleted and in their place they shall read as follows: 1. OBLIGATIONS OF ASP 1.1 ASP shall supply the necessary staff and personnel to comply with the requirements of Part B of Title IV — 21s` Century Community Leaning Centers No Child Left Behind Act (NCLB) of 2001 Public Law 107-110 in which ASP is specifically designated by the City, during the Broward County School Year for 2008-2009 which commences on August 18, 2008 and ends on August 7, 2009, which is the termination date of the Contract. 1.2 ASP shall perform its duties for two hundred and three (203) school days and forty-five (45) summer program days. 2. PAYMENT 2.1 ASP will bill the CITY on the first (1') and fifteen (15'h) days of each month for the preceding school days for the costs incurred to administer the TIME4-KIDS program. Payment for costs is to be based upon the Program Budget as approved and amended by the CCLC (pertinent copies of Program Budget pages are attached and they are incorporated by this reference). Any additional costs exclusive of the Program Budget must be approved in writing in advance by the City. Payment is due within fifteen (15) days of the billing date. A late charge of ten (10%) percent of the payment due shall be charged for each payment received by ASP after more than twenty-one (2 1) days after the billing date. If payment is not received within thirty (30) days of its due date, the CITY shall be in default and ASP may terminate the Contract. 2.2 ASP will bill an administrative charge of 10%of the approved expenses of the grant amount expended from the period of August 18, 2008 through August 7, 2009. 3. In all other respects, except as amended by this Amendment and the June 24, 2008 Amendment to the Contract,the Contract is ratified and reaffirmed and remains in full force and effect. 3 RESOLUTION#2008-214 IN WITNESS OF THE FOREGOING the parties have executed p c ted this Amendment on the day and year first above written. CITY CITY OF DANIA BEACH, a Florida municipal corporation ATTEST: BY: BY: Louise Stilson, City Clerk Ivan Pato, City Manager APPROVED AS TO FORM AND CORRECTNESS: BY: Thomas J. Ansbro,City Attorney CONSULTANT: Signed, sealed and delivered AFTER SCHOOL PROGRAMS, INC., in the presence of: a Florida corporation By: Signature Signature Print Name Print Name/Title Signature Print Name STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 2008, by , as of After School Programs, Inc., a Florida corporation, on behalf of the corporation. Such person is personally known to me or has produced as identification and did(did not)take an oath. NOTARY PUBLIC, State of Florida at large My commission expires: 4 RESOLUTION#2008-214 Florida Department of Education Project Award Notification I PROJECT RECIPIENT 2 PROJECT NUMBER The City of Dania Beach 06E-2449A-9PCCI 3 PROJECT/PROGRAM TITLE 4 AUTHORITY 2008-2009 21 st Century Community Learning Centers 84.287C 21st CCLC NCLB, ATD,Title IV, Part B (CCLC)Continuation TAPS 098002 5 AMENDMENT INFORMATION 6 PROJECT PERIODS Amendment Number: Type of Amendment: Budget Period: 07,01/2008-06i3012009 Effective Date: Program Period: 07101/2008-06/30J2009 7 AUTHORIZED FUNDING 8 REIMBURSEMENT OPTION Current Approved Budget: $280,000.00 Reimbursement with Performance Amendment Amount: Estimated Roll Forward: Certified Roll Amount: Total Project Amount: $280,000.00 9 TiM'F.LINES • Last date for incurring expenditures and issuing purchase orders: 06f3Ul2009 • Date that all obligations are to be liquidated and final disbursement reports submitted: Lg/2O/2009 • Last date for receipt of proposed budget and program amendments: 06i3012009 • Refund date of unexpended funds;mail to DOE Comptroller,325 W. Gaines Street, 944 Turlington Building,Tallahassee, Florida 32399-0400: • Date(s)for program reports: • Last date for receipt of invoice : 06i30i2009 10 DOE CONTACTS 11 DOE FISCAL DATA Program: Lingo,Lam Comptroller's Office Phone: (850)245-0852 (850)245-(k101 DBS: 40 90 60 Email Lani.Lingo((�tldoe.org EO: 49 Grants Management: Unit B(830)245-0496 Object: 720000 12 TERMS AND SPECIAL, CONDITIONS • This project and any amendments are subject to the procedures outlined in the rskect Appllication and Amend�ap )tggesh fes, for Federal and State P grams(Green Book)and the General Assurances for Participation in Federal and State Programs. • For federal cash advance projects,monthly expenditures must be submitted to the Comptroller's Office by the 20"of each month for the preceding months disbursements utilizing the On-Line Disbursement Reporting System. • Other: See page 2,item 12 continued. 13 APPROVED: tr.; �, >, a.. Autbo 'fed trial on behalf o J. Sine Da of Si ping Ikemmissioner of Education DOF,200/1 rh- tW.,t Inc INSTRUCTIONS PROJECT AWARD NOTIFICATION I Project Recipient: Agency,institution or Non-Governmental entity to which the project is awarded. 2 Pmjcct Number: This is the agency number,grant number,and project code that must be used in all communication.(Projects with multiple project numbers will have a separate DOE-200 for each project number). 3 Project Description: Title of program andior project. TAPS#: Departmental tracking number. 4 Authority: Federal Grants-Public Law or authority and CFDA number. State Grants-Appropriation Line Item Number andlor applicable statute and state identifier number. 5 Amendment Information:Amendment number(consecutively numbered),type(programmatic,budgeting,tune:extension or others)in accordance with the Proiect Anolieatiga..pnd Amendment.Procedures or Federal and State Programs(Green Book),and effective date. 6 Project Periods:The periods for which the project:budget and program are in effect. 7 Authorized Funding:Current Approved Project(total dollars available prior to any amendments);Amendment Amount(total amount of increase or decrease in project funding);Estimated Roil Forward(roll forward funds which have been estimated into this project);and Total Project Amount(total dollars awarded for this project). 8 Reimbursement Options: federal Cash Advance—On-Linc Reporting required monthly to record expenditures. Advance Payment—Upon receipt of the Project Award Notification,up to 25%of the total award may be advanced for the first payment period. To receive subsequent payments,90%of previous expenditures must be documented and approved by the Department. Quarterly Advance to Public Entity—For quarterly advances of non-federal funding to state agencies and LEAS made in accordance within the authority of the General Appropriations Act.Expenditures must be documented and reported to DOE at the and of the project period. If audited,the recipient must have expenditure detail documentation supporting the requested advances. Reimbursement of Expenditures—Payment made upon submission of documented allowable expenditures. Reimbursement with Performance-Payment made upon submission of documented.allowable expenditures,plus documentation of completion of.specified performance objectives. 9 Timelines: Date requirements for financial and program reporting/requests to the Department of Education. 10 DOE Contacts: Program contact for program issues,Grants Management Unit for processing issues,and Comptroller's Office number for payment information. I DOE Fiscal Data; A unique payment number assigned by the Department of Education. 12 Terms and Special Conditions: Listed items apply to this project.(Additional space provided on Page 2 of 2 if needed.) 13 Approved: Approval signature from the Florida Department of Education and the date signature was affixed. 12. Continuation of Terms and Special Conditions from Page I of 2 Funds for any perfomrance-based projects will be disbursed upon receipt of an invoice for products and services submitted in accordance with the approved schedule.Documentation should be submitted to Grants Management,Department of Education, 325 West Gaines Street,Room 3259,and Tallahassee,Florida 32399-0". By August 20,2009,the following must be completed: A. All obligations must be liquidated B. Project Disbursement Report(DOE 399)and the appropriate deliverables must be submitted with final invoice for payment. If the agency's actual cost of this project is less than the amount received,a refund check made payable to the DeTartment of Education must be attached. Should you have.any questions regarding these special term and conditions,please call Grants Management at(850)245-0498. DOE-200 Revised 02J08 Page 2 of 2 ORIGINA1_ PAPS Number FLORIDA DEPARTMENT OF EDUCATION PROJECT APPLICATION Please return to: A)Program Name: DOE USE ONLY Florida Departmcm of Education Date Rwcived Office of Grants Management Time 4 Kids-Tho City of Dania Beach 0 Room Turlington Building - _ 323 blast Gaines Street Tallahassee,Florida 32399.0400 Telephone: (850) o xm. - Suncom: 's B)Name.and Address of Eligible Applicam Project Number:(DOEiAmigned) The City of Dania Reach -- 100 west.Dania Beach Blvd Dania Beach,Florida 06E-2449A-9PCC1 C) Total Funds Requested: Dj Applicant Contact Information S 280,000,00 Contact Name: Mailing Address: Nand Sodikoff After School Programs,Inc. DOE USE ONLY 1520 S.Powertine Read,Deerfield Beach Telephone Number, SunCom Number. Total Approved Project: 954-596-9000 exit.209 $ Fax Number: E-mail Address:nsodikof @(mpkid&com 934-596-9880 CERTIFICATION f, Ivan Pato do hereby certify that all facts, figures, and representations made in this application are taste, correct, and consistent with the statement of general assurances and specific programmatic assurances for this project. Furtherorm, all applicable statutes,regulations, and procedures;administrative and programmatic requirements; and procedures for fiscal control and maintenance of records will be implemented to ensure proper accountability for the expenditure of funds on this project. All records necessary to substantiate these requirements will be available for review by appropriate state and federal staff, I further. certify that all expenditures will be obligated on or after the effective date and prior to the termination date of the project. Disbursements will be reported only as appropriate to this project,and will not be used for matching funds on this or any special project,where,prohibited. Further, I understand that it is the responsibility of the agency head to obtain from its governing body the authorization for the submission of this application. E) i. Si ire of Agency 14cad DOE IOOA Revised 12/07 Page I of 2 Dr. Eric J. Smith,Commissioner A) CITY OF DANIA BEACH TAPS Number Name of Eligible Recipient: B) 06E-2449A-9PCC1 09B002 Praiect Number.(DOE USE ONLY) FLORIDA DEPARTMENT OF EDUCATION BUDGET NARRATIVE FORM t4) (1) (2) (3) FFE (5) FUNCTION OBJECT ACCOUNT TITLE A:ND NARRATIVE POSITION AMOUNT 12-10 Salaries:Executive Director 0.10 9,000 Responsible for planning,coordinating,and supervising the educational and recreational curriculum far the 21"CCLC Program.Conducts site visits,staff meetings,and assures program compliance with 21"CCLC requirements, sustainability and partnership acquisitions. Oversees all 21"CCLC data collection,analysis,and reporting. This position works in tandem with the 21" CCLC Area.Coordinator in lieu of a traditional 2i"CCLC program director. (60%Adodadstradve) 21"CCCCfands will pay 10%ofannual salary of$90,000=$9,000 Chddren Services Council(CSC)funds will pay 5 5%of annual salary. 12-10 Salaries:Area Coordinator 0,50 20,000 Responsible for the day-today management of the 21"CCLC program. Coordinates the implementation of curriculum,serves as a liaison with the Parent-Teacher Organization,Student Advisory Committees,and parents;and assists with data collection,analysis,and reporting.Ensures all 21"CCLC. guidelines are being followed and"best practices"are being implemented. This position works in tandem with the 21"CCLC Executive Director in lieu of a traditional 21"CCLC program director. 21"CCLCfanrls will pay SO%afannual salary of$40,000=$20,000 CSC funds will pay 30%ofannual salary of$40,000=$20,000 12-10 Salaries:Site Directors 0.56 29,538.00 Responsible for supervising actively participating 21"CCLC students and staff during the 21'CCLC program.Plans and prepares program schedules to ensure daily activities are implemented in accordance with planned educational and. reemational curriculums,policies and practices.Duties will include,but not limited to:enrollment and tracking of students and attendance;:assists with site data collection and dissemination for performance evaluation,attend monthly site directors'meetings,supervise students during late pick-up,management training,to pick-up consumablo/perishable materials,maintaining inventory of supplies and equipment,supervise and document breakfast,lunch,and snack programs,communicates with parents regarding student progress. Collins Elementary:($29,53$pold by 21'CCLC) 1 Sue Director(AS)x$25.001hr x 4.5 hrs1dayxl73 days-$19,688 (MeeOngs(Jiek-up)x$25.001hr x 2 AmInuh x 12 mthr-$600.00 (Planning meetings)x$25.001hr x 5hramwefiag x 2 meetings=$250 (Summer)x$251he x 8hrslddyx 45 days=$9000,00 Dania Elementary:(S25„i66 paid by CSC) I Sire Diracmr(AS)x$164m x 4.5 hrsldayx 5 dyslwkx 36 wks-$12,960 (Early release)x SI&00Aurx 2 hrslday x 6 days-$192 (Management rmining)x$161hr x 2.5 hrslsescron x 6 sessions-=S240 (Laic pickup)x$16.0Othrx.5 hrslday x 5 daw1wk x 36 wks-S1,441) (Meefings/plck-up)x 316 Marx 2 hrslmAx 12 mths=$384 (planning meetings)x s 16 0ahr x 5hrrlmeefing x 2 meetings=9160 (Non School Dave)x$16001/rrx I hrr I dayx 24 days=$4,224 (Summer)x$16001hrx 8#r**y x45 da -S5,760 DOE 101 Revised 12107 Page 1 of 5 Dr.Eric J.Smith,Commissioner 12-10 Salaries:Assistant Site Director 0.17 3,650 Responsible for assisting the Site Director in supervising actively participating students and staff during the 21 a CCLC summer program. Assists with planning and preparing program schedules to ensure daily activities are implemented in accordance with planned educational and recreational curriculums,policies and practices,Duties will include,but not limited to:assists in enrollment and tracking of students and . attendance;assists with site data collection and dissemination for performance evaluation,assists in supervising studentsduring late pick- up,assists in picking-up consumable/perishable materials,assists in maintaining inventory of supplies and equipment,assists in supervising and documenting breakfast,lunch,and snack programs,assists in communicating with parents regarding student progress and is available on-site when students are attending off-site activities to handle emergencies and communicate with parents.Assistant Site Directors will participate in one,five hr training session before the start of the 21 a CCLC summer program and one,five hr training before start of school year. Collins Elementary;(S3,650 paid by 21'CCLC) 1 Assistant Site Director(summer)x$10/hr x 8 hrsktayx 45 days-$3,600 (Planning meeting)x$101hr x 5 hrs/meetingx I meeting—$50 Dania Elementary:(53,650 paid by CSC) I Assistant Site Director(summer)x S101hr x 8 hr4/day x.45 days-$3,600 (Planning meeting)x$101hr x 5 hrslmeeting x I meeting--$50 12-10 Salaries:Certified Teachers 0.42 32,700 Responsible for the implementation of the planned educational curriculum in the areas of reading,math,and science for actively participating 214 CCLC students during the 21'CCLC program. Teachers will work closely with the Site Coordinators to ensure the attainment of appropriate benchmarks and performance indicators. Maintain student and program documentation and ensure safety of actively participating 210 CCLC students at all times.Teachers will participate in one I hr training session before the start of the 21 a CCLC after school program and in a I by training session before the start of the 21'CCLC summer program. Collins Elementary: ($32,700paldby 21'CCLC) 2 Teachers(AS)x S251hr x 2hm1dayx 5 dayslwk x 36wits=S18,000 (Planning meeting)2 x$25 x 2 hrs=5100 (Summer)4 x$251hr x 4 hrslday x 4 dayslwk x 9 wks=S14.400 (Planning meetings)4 x$251hr x 2 total hrs-$200 Dania Elementary:.($39,960 paid by CSC) 2 Teachers(As)x$251hr x 2hrsiday x 4 dayslwkx 36wks-S21,600 (Planning meeti)tg)2 x$25 x 2 hrs=S100 (Summer)4 x$251hr x 4 hrslday x 5 dayslwkx 9 wkr=$18,000 (Planning meetings)4 x S25lhr x 2 total hrs=$200 12.10 Salaries:Computer Teacher 0.21 14,400 Responsible for provide technology education services for actively participating 21'CCLC students during the 21'CCLC program. Maintain student and program documentation and ensure safety of actively participating 21 a CCLC students at all times Collins Elementary: 1 Computer Teacher(ajtersehool)x$251hr x 8 hrs/wk x 36wks=$7,200 (Summer)l x$251hrx 4 hrsldayx 4 dayslwkx 9 wks=S7,200 DOE 101 Revised 12107 Page 2 of 5 Dr.Eric J.Smith,Commissioner 12-10 Satarier Counselors 3.33 73,385 Responsible for the cleanliness of 21st CCLC program sites,address behavior concerns in the classrooms,monitor student movement while on- site,including to the bathrooms;assist Certified Teachers as needed in program activities,provide homework and tutoring services;organize and distribute breakfast,lunch,and snacks;record student attendance,and ensure die safety of actively participating 21"CCLC students during the 21"CCLC program.Counselors will participate in one 5 hr training session before the start of the 21"CCLC after school program and in a 5 hr training session before the start of the 21"CCLC summer program. Collins Momenta rye($73,385 paid by 21"CCLC) 2 Counselors(AS)x$12.501hr x 4hnslday x 175 dayslwk =$17,500 1 Counselor(AS)z$12.501hrx 3.5 hredayx 175 days=$7328 {Summer)4 x$12.501he x 8 hrsfday x 5 days/wk x 9 wks=$Is,000 (Planning meeting)3 x$12.501 ,x 5 total hrs=$188 1 Counselor(AS)x$8,50 fhr x 4.S hrslday x 175 days=S,6,694 1 Counselor(after school)x$9.0011rrx 4hrs1dayx 175 days=S6,300 (Early release)l x$8.59/hr x 2 hrstday x 5 days-S 85 (Early release)I x$9,00/hr x 2 hrslday x 5 days=$90 (NS days) I x$8.50/hr x 230 his=S1,955 ()VS days)I x$9.001hr x 230 his=$2,070 (Late pick-mp)I x$8,50/1ir x.5 hrslday x 5 dayslwk x36 wks-S765 (Summer)4 x$8.50/hr x 8 kn1day x 5 dayslwk x 9 wkr=$12,240 (Planning meeting)4 x 58.50/hrx 5 tonal hrs=$170 Dania Elementary: ($62,154paidbyCSC) 2 Counselors(AS)x$91hr x 4 hrslday x 5 dayslwk x 36wks=$12,960 (Planning m aim 2 x$91hr x 5 total hrs=S90 3 Counselor(AS)x$9/hrx 4.5 hrs/day x 5 dot slwk x 36 wks=$21,870 (Early release)3 x$91hr x 2 hrslday x 6 days=$324 (Late pick-up) I x$91hrx.5 hrs/day x 5 darys44 x36 wks=S810 (Summer)8 x$91hr x 8 hrxlday x 5 dayslwk x 9 wks=$25,920 (Planning meeting)4 x$91hrx 5 total hrs=$180 12-10 Salaries:Adult ComputerfrechnolagvInstructor 0A1 700 Responsible for the delivery and management of the adult literacy/multi- media curriculum to parents of actively participating 21"CCLC students. Collins Elementary 1 Instructors$251hrx 2 hrs/session x 14 sessions—$700 21-10 Fringe Benefits 20,171 To provide FICA(7,65%)and Unemployment/Worker's Compensation (3.5%),totaling 11%for the 21"CCLC portion of positions at Collins and Dania Elementary.($594 Administrative) Collins Elementary $183,271 x I/%=.$20,171 paid by 21"CCLCfunds Dania Elementary 5156,014x 1l%_$17,162 paid by CSCfunds 34-10 Contracted Services:School Liaison 2,000 To serve as a link between the regular school and the 21"CCLC program arCollins Elementary;to communicate Creeds,studem and program progress,and successes;and collect student data to include,but not limited to attendance,behavior,report card grades,and FLAT scores. (50% Evaluation) DOE101 Revised 12/07 Page 3 of Dr.Eric J.Smith,Commissioner 34-10 Contracted Services:Cultural Arts Shows 3,900 Provides educational enrichment activities to actively participating21' CCLC students on-site to enhance student learning experiences. Providers will include Mad Science,High Touch-High Tech,World Arts Now, Superstar Productions,Flippany,Young at Art,Fantasy Theatre,and Developmental Associates. Collins Elementary 13 evena x 5300=$3,900 paid by 21'CCLC Dania Elementary 13 events x$300=$3,900 paid by CSC 40-10 Travel 4,902 Travel and associated travel costs for three active 21"CCLC staff members to attend a regional 21*CCLC conference,the statewide 21a CCLC conference,and the national 21st CCLC conference. Registration Fees:$120Ista[jx 3 staffx 1 conference-$360 Airfare:55O0 x 3 staffx/conference=1,S00 Hotel:3139/nightx 6 niglns/staffx 3 sta,((=$2,502 Per Diem:3 staffx$30/day x 6 days=$540 31-60 Transportation 14,010 Provide bussing of actively participating 21e CCLC students for educational field trips during the 21a CCLC program. Collins Elementary($14,010 paid by71'CCLC) I bus x$290 per day x 23 days=$6,670(efier school) 3 bus x$185 day/l day per week x 8wks—$4,440(summer) 2 bus x$290 per day x 5 days=52,900(last week ofsummer program) Dania Elementary($10,290paid by CSC) I bus x$290 per day 24 days—$6,960(afier school) 2 bus x$185 dayll day per week x 9 wks=S 3,330(summer) 40-10 Field Trips 17,500 Admission fees for actively participating 21e CCLC students to attend off-site educational programs that align to the 214 CCLC curriculum and enhance the learning experiences of students during the 21e CCLC program.Field(rips will clearly support the approved goals and objectives of the 21"CCLC progrem,and all trips will be based upon established educational curriculum.All field hip expenditures;will follow applicable fiderat,state,and lacal rides and regulations governing field trips.Tickets will he purchased from educational centers of the field hip locations and will include the available educational components and lesson plans.Anticipated field trip locations include Seminole Indian Village,. Miami Children's Museum..Museum of Discovery and Science,Everglades Holiday Park,Young at Art,Young Chefs,Lion Country Safari,W annedo City, Ft.Lauderdale Historical Mvuvm,South Florida Planetarium,Curtain Call Playhouse(3),Swimming[Jail of Fame,Fishing list]of Fame,Metro Zoo, Eutterly World,Parker Playhouse(3),Parrot Jungle,Flamingo Garden,and Moral a ni Gardens.When school is closet[,the 21'CCLC is not p rm rood w use the site for programming,therefore,to prevent students from beving no structured activities on these days,students participate in educational field trips. Collins Elementary($17,500 pald by 21°CCLC) 23 trips x$71studentx40 students-S6,440(after school) 9 trips x$7/student x 120 students=$7,560(summer) 5 trips x$71student x 100 students=$3,500(last week summer) Dania Elementary($12,600paid by CSC) 24 trips x$71student x 30 students-.5,040 (after school) 9 trips x$71student x 60 students=$7,560(summer) DOE 101 Revised 12107 Page 4 of 5 Dr.Eric J. Smith,Commissioner 23-10 Student Liability Insurance 7,306 Liability Insurance for students to participate in the 2lstCCLC after school and summer programs.(Admirristrative) Annual jee of$14,612($7,306 paid by 21'CCLC) 41-20 Printing and Postage 600 .Printing for the production of education materials,curriculums,and study aids;postage for disseminating and reporting evaluation data for the 21st CCLC program. Collins Elementar)-$600(50%Evaluoton;50%Adminlstradve) 52-20 Materials and Supplies:Consumables 8,738 To purchase necessary items for use"elusively by actively participating 21*CCLC students,to include paper,toner,pens,pencils,folders,binders, arts and crafts materials,painting supplies,poster boards,construction paper,educational board games,culinary materials and supplies,balls, cones,jump ropes,and stop watches for use during the 21st CCLC program. Total:$15,786($8,738 paid by 21'CCLC). 54-10 Materials and Supplies:Curriculum 5.000 To purchase supplementary reading,math,.and science books,workbooks, manipulatives,and any additional educational materials as recommended by Broward County Public School for use exclusively by actively participating 21'CCLC students during the 21st CCLC program. Total:512,008($5,000 paid by 21'CCLC) 34-10 Contracted Services:I'.ndependent Evaluator 12,000 Quantitative and qualitative data will be collected throughout the 21st CCLC grant period,All evaluation activities will he used to continually refine,improve,and strengthen the program in order to achieve the stated goals and outcomes. (Evaluation) 34-10 Contracted Services:Custodial Services Soo To provide a clean and safe environment for actively participating 2I4 CCLC students during the 21'CCLC program at Collins Elementary. r 5280,i100 Ausicv:$13,600(4.86%) . EVAL:$13,300(4.7$%) DOE 101 Revised 12/07 Page 5 0£5 Dr,Eric J.Smith,Commissioner, RESOLUTION NO.2008-113 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE AGREEMENT EXISTING BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, FOR ADMINISTRATION OF THE TIME-4-KIDS PROGRAM FOR THE 07-08 AFTER SCHOOL PROGRAM AND THE 2008 SUMMER PROGRAM; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Dania Beach, Part III, Article 3, Section 4, Subsection 0), provides that during unusual conditions or emergencies, the City Commission may,by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of twenty-five thousand dollars ($25,000.00) without competitive bids and without advertisement for bids; and WHEREAS, the T.I.M.E.4-Kids program is funded by grant in its entirety by the 21' Century Community Learning Centers (21' CCLC), Florida Department of Education in an amount equal to $339,000.00 for the 2007-08 after school program and 2008 summer program; and WHEREAS, After School Programs, Inc., a Florida non-profit corporation located in Deerfield Beach, Florida, has submitted a proposal to administer the grant for an amount equal to 10% of the approved expenses of the grant amount expended and to provide camp services from June 9,2008 through August 8,2008 in an amount not to exceed$40,000.00; and WHEREAS,the City of Dania Beach is required to provide snacks for the T.I.M.E.4-Kids summer campers, which cannot be paid for through grant funds, in the amount of$2,100.00; WHEREAS, the City of Dania Beach has decided to extend the T.I.M.E.4-Kids summer program for another two weeks at an estimated amount not to exceed$25,000.00; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, approves the execution of an amendment to the existing agreement on behalf of the City with After School Programs, Inc., which Amendment to Agreement is attached as Exhibit "A" to this Resolution for an amount not to exceed $15,000.00; further, the City Commission approves the amount of I $2,100.00 for summer campers' snacks. Section 2. That the Director of Finance is authorized to transfer$17,100.00 from the General Fund line item "Transfer to Grant Fund", and appropriate the budget m the Grant Fund accordingly and to expend$25,000.00 from the Law Enforcement Trust Fund. Section 3. That the City Manager and City Attorney are authorized to make revisions to such Amendment to Agreement as are deemed necessary and proper and in the best interest of the City. 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 retroactive to June 9, 2008. PASSED and ADOPTED on June 24, 2008. �ypWARDy LOUISE STILSON,CMC 1 ALBERT C.JONEIV CITY CLERK MAYOR-COMMISSIONER t+o" APPROVED AS TO AND CORRECTNESS: BY: I/�\ M 1\� S . CITY A Y 2 RESOLUTION#2008-113 AMENDMENT TO THE CONTRACT FOR SERVICES BETWEEN THE CITY OF DANIA BEACH AND AFTER SCHOOL PROGRAMS,INC. This is an Amendment to a Contract for Services ("Amendment'), which Contract for Services("Contract') exists between the City of Dania Beach, Florida("Cite and After School Programs, Inc., a Florida corporation ("ASP'). This Amendment is entered into and becomes retroactive to June 9, 2008, and it is an amendment to the existing Contract, which Contract is dated City and ASP wish to amend the Contract. In consideration of the mutual covenants, terms and conditions contained in the Contract and this Amendment, and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree to the following: 1. Paragraphs 1 and 2 are deleted and in their place they shall read as follows: 1. OBLIGATIONS OF ASP 1.1 ASP shall supply the necessary staff' and personnel to comply with the requirements of Part B of Title IV — 21" Century Community Learning Centers No Child Left Behind Act(NCLB)of 2001 Public Law 107-110 in which ASP is specifically designated by the city, during the Broward County School Year for 2007-2008 which commences on August 20, 2007 and ends on August 8,2008. 1.2 ASP shall perform its duties for one hundred seventy-five (175) school days and forty-three(43)summer program days. 2. PAYMENT 2.1 ASP will bill the CITY on the first (Is) and fifteen (15` ) days of each month for the preceding school days for the costs incurred to administer the T1ME4-KIDS program. Payment for costs is to be based upon the Program Budget as approved and amended by the CCLC, Any additional costs exclusive of the Program Budget must be approved in writing in advance by the City.Payment is due within fifteen(15) days of the billing date. A late charge of ten (10%) percent of the payment due shall be charged for each payment received by ASP after more than twenty-one (21) days after the billing date. If payment is not received within thirty (30)days of its due date,the C1TY shall be in default and ASP may terminate the contract. 2.2 ASP will bill an administrative charge of 10%of the approved expenses of the grant amount expended from the period of June 9,2008 through August 8,2008. 2. In all other respects, except as amended by this Amendment to the Contract, the Contract is ratified and reaffirmed and remains in full force and effect. 3 RESOLUTION#2008-113 IN WITNESS OF THE FOREGOING, the parties have executed this Amendment on the day and year fast above written. CITY CITY OF DANIA BEACH, a Florida municipal corporation ATTEST: BY: BY: Louise Stilson,City Cleric Ivan Pato, City Manager APPROVED AS TO FORM AND CORRECTNESS: BY: Thomas J. Ansbro, City Attorney CONSULTANT: Signed,sealed and delivered AFTER SCHOOL PROGRAMS, INC., in the presence of- a Florida corporation By: Signature Signature Print Name Print Name/Title Signature Print Name 4 RESOLLTION#2008-113 i STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on 2008, by . as of After School Programs, Inc., a Florida corporation, on behalf of the corporation. Such person is personally known to me or has produced as identification and did (did not) take an oath. NOTARY PUBLIC, State of Florida at large My commission expires: 5 RESOLUTION#2008-113 CONTRACT FOR SERVICES Effective retroactive to August 20, 2007, AFTER SCHOOL PROGRAMS, INC., a Florida non-profit corporation, ("ASP") and the CITY OF DANIA BEACH, a municipal corporation, ("CITY"), enter into this Contract for Services ("CONTRACT"). WHEREAS, the CITY has entered into an AGREEMENT with the Florida Department of Education, hereinafter referred to as "CCLC", identified as Part B of Title IV — 21s` Century Community Learning Centers No Child Left Behind Act (NCLB) of 2001 Public Law 107-110. A copy of the AGREEMENT is attached as Exhibit A and incorporated by reference, ("AGREEMENT"); and WHEREAS, CITY has requested ASP to supply staffing, supplies and services to implement the above program identified in the Agreement; NOW THEREFORE, for and in consideration of the mutual covenants and agreements as set forth in this CONTRACT,the parties agree as follows: 1. OBLIGATIONS OF ASP 1.1 ASP shall supply the necessary staff and personnel to comply with the requirements of Part B of Title IV — 21s` Century Community Learning Centers No Child Left Behind Act (NCLB) of 2001 Public Law 107-110 in which ASP is specifically designated by the city, during the Broward County School Year for 2007-2008 which commences on August 20, 2007 and ends on June 5, 2008. 1.2 ASP shall perform its duties for one hundred seventy-five (175) school days and thirty(30) summer program days. 1.3 ASP will provide transportation as specified in the budget. 2. PAYMENT 2.1 ASP will bill the CITY on the first (P) and fifteen (15t') days of each month for the preceding school days for the costs incurred to administer the TIME-4-KIDS program. Payment for costs is to be based upon the Program Budget as approved and amended by the CCLC. Any additional costs exclusive of the Program Budget must be approved in writing in advance by the City. Payment is due within fifteen (15) days of the billing date. A late charge of ten (10%) percent of the payment due shall be charged for each payment received by ASP after more than twenty-one (21) days after the billing date. If payment is not received within thirty (30) days of its due date, the CITY shall be in default and ASP may terminate the contract. 3. OBLIGATIONS OF THE CITY 3.1 The CITY agrees to pay ASP promptly as set forth in this CONTRACT. 4. DEFAULT 4.1 For other than monetary default by the CITY, in the event either party defaults in the terms or provisions of this CONTRACT, the other party shall give the defaulting party ten (10) days written notice of the default and an opportunity to cure the default within the ten (10) day period. In the event the default is not so cured, the other party may terminate the Contract by giving written notice to that effect. 4.2 hi the event of default, the non-defaulting party may sue for damages. The prevailing party shall be entitled to recover its attorney fees and costs, including legal assistant fees and attorney fees on appeal. 4.3 CITY shall obtain approval of"CCLC" for the assignment of responsibility as set forth in this contract to ASP pursuant to the requirements of paragraph X of the AGREEMENT. 5. MISCELLANEOUS 5.1 ASP and the CITY both agree to comply with their respective requirements as set forth in the AGREEMENT in order to comply with the terms of this CONTRACT. 5.2 Notices: All notices, requests, demands and other communications pertaining to this CONTRACT shall be in writing and deemed duly given when delivered personally with a receipt, when delivered by an overnight courier service with a signed receipt or mailed by certified mail,return receipt requested,postage prepaid, addressed as follows: To ASP: Alan Wolnek After School Programs, Inc. 1520 S. Powerline Road Deerfield Beach, Florida 33442 Telephone: 954-596-9000 Fax: 954-596-9880 To CITY: Ivan Pato City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 333004 Telephone: 954-924-3610 Fax: 954-921-2604 Either party may change its address for notices by written notice to the other given pursuant to this paragraph. 5.3 Prior Negotiations. This CONTRACT supersedes in all respects all prior and contemporaneous oral and written negotiations, understandings and agreements between the parties with respect to the subject matter of this CONTRACT. All prior and contemporaneous negotiations, understandings and agreements are merged into this CONTRACT and superseded by them. 5.4 Entire Agreement and Amendment. This CONTRACT and the Exhibits to this CONTRACT set forth the entire understanding between the parties in connection with the matters specified in this CONTRACT, there being no terms, conditions, warranties or representations other than those contained , referenced or provided for in this CONTRACT. Neither this CONTRACT nor any term or provision of it may be altered or amended in any manner except as an instrument in writing signed by the party against whom the enforcement of any such change is sought. 5.5 Severabilitv. If any term of this CONTRACT is to be illegal or unenforceable at law or in equity, the validity, legality and enforceability of the remaining provisions contained in this Contract shall not in any way be affected or impaired thereby. Any illegal or unenforceable term shall be deemed to be void and of no force and effect only to the minimum extent necessary to bring such term within the provisions of any applicable law or laws and such term, as so modified, and the balance of this CONTRACT shall then be fully enforceable. 5.6 Waiver. Unless otherwise specifically agreed in writing to the contrary: (i) the failure of either party at any time to require performance by the other of any provision of this CONTRACT shall not affect such party's right thereafter to enforce the same; (ii) no waiver by either party of any default by the other shall be taken or held to be a waiver by such party of any other preceding or subsequent default; and (iii) no extension of time granted by either party for the performance of any obligation or act by the other party shall be deemed to be an extension of time for the performance of any other obligation or act under this Contract. 5.7 Number and Gender. Whenever the context so requires, words used in the singular shall be construed to mean or include the plural and vice-versa, and pronouns of any gender shall be construed to mean or include any other gender or genders. 5.8 Headings and Cross-references. The headings of this CONTRACT are included for convenience of reference only, and shall in no way limit or affect the meaning or interpretation of the specific provisions of this CONTRACT. All cross-references to paragraphs shall mean the paragraphs of this CONTRACT unless otherwise stated or clearly required by the context. 5.9 Counsel. Each party has been represented by its own counsel in connection with the negotiation and preparation of this CONTRACT and, consequently, each party waives the application of any rile or law that would otherwise be applicable in connection with the interpretation of this CONTRACT, including, but not limited to, any rile of law to the effect that any provision of this CONTRACT shall be interpreted or construed against the party whose counsel drafted that provision. 5.10 Choice of Laws: Venue. This CONTRACT is to be construed and governed by the laws of the State of Florida, and venue shall be in Broward County, Florida. 5.11 Successors. This CONTRACT shall be binding upon and inure to the benefit of and be enforceable by the parties to it and their respective successors and assigns. 5.12 Counterparts. This CONTRACT may be signed in counterparts with the same effect as if the signature on each counterpart were on the same instrument. Each of the counterparts, when signed, shall be deemed to be an original, and all of the signed counterparts together shall be deemed to be one and the same instrument. A legible facsimile copy of this CONTRACT and any signatures hereon shall be considered as originals. 5.13 Effective Date. This CONTRACT shall become effective on the date first specified above. IN WITNESS OF FOREGOING, the parties have caused this Contract to be executed by their duly authorized officers on 2007. CITY OF DANIA BEACH, a Florida municipal corporation By: Ivan Pato, City Manager ATTEST: Louise Stilson, City Clerk APPROVED AS TO FORM AND CORRECTNESS: Thomas J. Ansbro, City Attorney AFTER SCHOOL PROGRAMS, INC., a Florida non-profit corporation WITNESSES: Alan Wolnek, President Signature Print Name Signature Print Name CITY OF DANIA BEACH Agenda Item # d•/ Agenda Request Item Date of Commission Meeting: 10-28-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: INNOWN 41 EL a Allow City to Award Contract for the Dania Westlawn Cemetery and Dania Memorial Park Cemetery mausoleums to JMW Construction Corporation To start work on Mausoleums Allows City to move forward with Mausoleum Projects .. `..y Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ See Memo Resolution Memo Proposal Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Kathryn Florentine Date 10/15/08 Department Director Leo Williams Date 10/17/08 Assistant City Manager Date HR Director Date Finance Director Patricia Varney Date 10/17/08 City Attomev Thomas J. Ansbro Date 10/17/08 City Manager Colin Donnelly Date 10/20/08 User Creating Item Item Name(do not use/or\in name) Kathryn Florentine A enda Item Mausoleum Contract j q( Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-203 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF CONTRACT FOR THE DANIA WESTLAWN CEMETERY AND DANIA MEMORIAL PARK CEMETERY MAUSOLEUMS; AUTHORIZING THE AWARD TO JMW CONSTRUCTION CORPORATION FOR CONSTRUCTION ACTIVITIES IN THE AMOUNT OF $705,000.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On August 7, 2008, the City received one response to a Request Form Qualifications (an "RFQ") for the Dania Westlawn Cemetery and the Dania Memorial Park Cemetery Mausoleums; and WHEREAS, On September 23, 2008 the City Commission adopted a motion allowing the City to negotiate a contract with JMW Construction Corporation; and; WHEREAS, the City's representative negotiated a contract with JMW Construction Corporation for the design and construction of the Dania Westlawn Cemetery and Dania Memorial Park Cemetery Mausoleums for the amount of$705,000.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the foregoing WHEREAS clauses are true and correct and are incorporated by this reference. Section 2. That the contract shall be awarded to JMW Construction Corporation in the amount of$705,000.00 and the proper City officials are authorized to execute the contract for the work; provided, however that no contract will become effective unless and until City officials complete their execution of it. Funding for this contract shall be derived from the Capital Projects Fund. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED on this day of 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#2008-203 CrrY OF DANIA BEACH Dominic PublicDirector of Dank Boulevard Dan!&Beach,Florida BW Design Build Proposal Dania ICemeteryI i Dania 1 Dania Beach, Florida 33004 r� Submitted 1 JMW Construction Corporation !MW Construction Corporation TABLE of CONTENTS 1 Project Criteria: 2 Proposed Design: 3 Cost Proposal: 4 Preliminary Schedule: 5 Design Build Contract: JMW Construction Corporation Project Criteria Our project criteria will include the Design and Construction of two mausoleum buildings, one at the Dania Westlawn Cemetery site and one at the Dania Memorial Park Cemetery site. The proposed site plan allows for future expansion at each location through a phased construction approach. Our intent is to develop one mausoleum design for use at both sites and for future expansion. The mausoleum design is based on a 60' x 16' building footprint that will provide 240 crypt chambers and 100 cremation niches per building. The building will be 6 chambers high resulting in an overall height of approximately 15'. The crypt construction will be cast-in-place concrete construction with concrete and masonry support columns. The roof slab will be cast-in-place concrete with a built-up roof system and will provide a 9'6"overhang on the sides and 6'6" on the ends. The sidewalk will be symmetrical with the roof slab providing a covered walk corridor around the entire mausoleum structure. Crypt faces will be finished with a travertine stone finish and other surfaces, (i.e. columns) will be stucco with decorative moldings. All stucco surfaces shall be painted. There is no electrical or lighting work associated with this project since electrical service is not available at either site. The site around the building shall be graded and ready for landscape and sod. All new landscape, sod and irrigation work shall be provide by the City of Dania Beach. This project will include a concrete approach sidewalk leading to each of the new mausoleum structure(s)with design for future walkway expansion. The site plan identifies areas for future aesthetic features and meditation gardens as City funding allows. In summary, our Project Criteria includes the following: 1. Development of architectural design drawings ready for permit through the local building department, (permit and impact fees are to be paid by the City). 2. Construction of two identical mausoleum buildings, one at each site. 3. Construction of associated approach sidewalks. Our proposal is based on constructing both building simultaneously, completing work and turning buildings over to the City as per the proposed construction schedule. (See Attached). y __ �� r'q"t"e�� � r•P f 'R t k' � i / C y J t- < 4P Ir • •C � a } � j y I � ! J 1 - �` ' - r . - � . - -. RCHITECTS s �3 A: eai rb �r y a fou0 TPA Wa �,4 �Tt�lV• cio" 4�d CROP ® IIA u� b � 1 8 K I SLIT N.W.BOCA R BLVD. _ !� O Sli1TH I 1],BOCA RA"TON.CODI FL 33431 PH 561-392-6762•F 561-750-8465 M jaime@miklosamhitecture.com w ..miklosamhitecture.com V� 0 H Z �s ,ram yy Az � o m zw7® I r I , � I I 3 � ^ I 44 h q FF I Htt •y� aiit) I I � �doC Z? O �eom `LV pnM F�c 3 JMW Construction Corporation Cost Proposal Dania Memorial Park Dania Westlawn Cemetery Mausoleum Mausoleum Project General Conditions $ 35,000.00 $ 35,000.00 Architectural Fees 20,000.00 20,000.00 Permit and Impact Fees Paid by City Paid by City Site Work • Earth work 2,500.00 2,500.00 • Fill for Bldg Pads 3,700.00 3,700.00 • Fine Grade 1,500.00 1,500.00 • Site Underground 4,000.00 4,000.00 'Assumes an existing water source within 75'oJbuilding • Landscape By City By City • Irrigation By City By City Concrete • Mausoleum structure 153,000.00 153,000.00 • Site sidewalks 15,000.00 15,000.00 Moisture Protection • Roofing 15,000.00 15,000.00 Finishes • Travertine work at Crypt Faces 50,000.00 50,000,00 • Stucco 10,000.00 10,000.00 • Painting 2,500.00 2,500.00 Electrical • Electrical is not included as part of this Design Build project since there is no existing electrical service available at the site. Design will for day burial&viewing programs only. Subtotal $315,200.00 $312,500.00 Taxes and Insurance 12,300.00 12,300.00 Contractor Fee @ s"/u 25000.00 25,000.00 $352,500.00 $352,500.00 Total Costs: $ 705,000.00 tl a G� d tl G tl n -f - n - Y C C' S gp W f � A N m ,' tl xoA n m s = c v 3 m of e. c N r1 2 tl .Z tl � N G tl d G n G X �Q Y tk.-AIA Document A141'" - 2004 Standard Fonn of Agreement Between Owner and Design-Builder AGREEMENT made as of the Twenty-fast day of November in the year of Two Thousand Eight (In words, indicate day,month and year) ADDITIONS AND DELETIONS: BETWEEN the Owner: The author of this document has (Name,address and other information) added information needed for its completion.The author may also have revised the text of the original City of Dania Beach City W.Dania Beach Boulevard AIA standard tam.An Additions and 100 Dania Beach,Florida 33004 Deletions Report that notes added information as well as revisions to the Telephone Number.(954)924-3740 standard form text is available from Fax Number.(954)923-1109 the author and should be reviewed.A vertical line in the left margin of this and the Design-Builder: document indicates where the author (Name,address and other information) has added necessary information and where the author has added to or JMW Construction Corporation deleted horn the original AIA text. 4163 Attesa Drive Boynton Beach,Florida 33436 This quennceess has important legal consequences. Telephone Number:(561)752-0480 .Consultation with an Fax Number: (561)752-0481 attorney is encouraged with respect c to its completion or modification. For the following Project: Consultation with an attorney is also (Name,location and detailed description) encouraged with respect to professional licensing requirements City of Dania Beach in the jurisdiction where the Project is Design Build of Wesdawn and Memorial Park Mausoleum Buildings located. Dania Beach,Florida 33004 The Owner and Design-Builder agree as follows. AIA Documxd At41mr-20M Copyright®2004 by The American Institute of Architects At rights reserved.WARNING:This AIA*Document is protected Intl by U.S.Copyright Law and International Treatise.Unauthorized reproduction or distribution of this AIA*Document,or any portion of It,may result in severe civil and criminal penehies,and will be prosecuted to the maximum extent possible under the law.This documart was produced by AIA software at / 10:5428 on 10/08/2008 under Order No.1000365086_1 which expires on 7/23I2009,and is not for resale. Wes Notes: (3973171238) TABLE OF ARTICLES 1 THE DESIGN43UILD DOCUMENTS 2 WORK OF THIS AGREEMENT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACTSUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 MISCELLANEOUS PROVISIONS 6 ENUMERATION OF THE DESIGN-BUILD DOCUMENTS TABLE OF EXHIBITS A TERMS AND CONDITIONS B DETERMINATION OF THE COST OF THE WORK C INSURANCE AND BONDS ARTICLE 1 THE DESIGN-BUILD DOCUMENTS § 1.1 The Design-Build Documents form the Design-Build Contract.The Design-Build Documents consist of this Agreement between Owner and Design-Builder(hereinafter,the"Agreement")and its attached Exhibits; _I Supplementary and other Conditions;Addenda issued prior to execution of the Agreement-,the Project Criteria, including changes to the Project Criteria proposed by the Design-Builder and accepted by the Owner,if any;the Design-Builder's Proposal and written modifications to the Proposal accepted by the Owner,if any;other documents listed in this Agreement;and Modifications issued after execution of this Agreement.The Design-Build Documents shall not be construed to create a contractual relationship of any kind(1)between the Architect and Owner,(2) between the Owner and a Contractor or Subcontractor,or(3)between any persons or entities other than the Owner and Design-Builder,including but not limited to any consultant retained by the Owner to prepare or review the Project Criteria.An enumeration of the Design-Build Documents,other than Modifications,appears in Article 8. § 1.2 The Design-Build Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral. § 1.3 The Design-Build Contract may be amended or modified only by a Modification.A Modification is(1)a written amendment to the Design-Build Contract signed by both parties,(2)a Change Order,(3)a Construction Change Directive or(4)a written order for a minor change in the Work issued by the Owner. ARTICLE 2 THE WORK OF THE DESIGN-BUILD CONTRACT § 2.1 The Design-Builder shall fully execute the Work described in the Design-Build Documents,except to the extent specifically indicated in the Design-Build Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) AIA Document A141rrr—2004.Copyright©2004 by The American Institute of Architects.All rights reserved.WARNING:This AIAe Document Is protected hilt. by U.3.Copyright law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion or it,may result in 2 severe civil and criminal penalties,and will be pro led to the maximum extent possible under the law.This document was produced by AIA software at / 10:5428 on 10/082008 under Order No.100o365086_1 which expires on 7/23t2009,and is not for resale. User Not": (3973171238) The commencement date will be fixed in a notice to proceed. If,prior to the commencement of Work,the Owner requires time to file mortgages,documents related to mechanic's liens and other security interests,the Owner's time requirement shall be as follows: (Insert Owner's time requirements.) As per attached"Proposed Preliminary Schedule" § 3.2 The Contract Time shall be measured from the date of commencement,subject to adjustments of this Contract Time as provided in the Design-Build Documents. (Insert provisions, if any,for liquidated damages relating to failure to complete on time or for bonuspayments for early completion of the Work.) No liquidated damages or bonuses are included as part of this contract. § 3.3 The Design-Builder shall achieve Substantial Completion of the Work not later than 360 days from the date of commencement,or as follows: (Insert number of calendar days.Alternatively,a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Design-Build Documents,insert any requirements for earlier Substantial Completion of certain portions of the Work.) Portion of Work Substantial Completion Date ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Design-Builder the Contract Sum in current funds for the Design-Builder's performance of the Design-Build Contract.The Contract Sum shall be one of the following: (Check the appropriate box) [ X] Stipulated Sum in accordance with Section 4.2 below; [ ] Cost of the Work Plus Design-Builder's Fee in accordance with Section 4.3 below; [ ] Cost of the Work Plus Design-Builder's Fee with a Guaranteed Maximum Price in accordance with Section 4.4 below. (Based on the selection above,complete either Section 4.2,4.3 or 4.4 below.) § 4.2 STIPULATED SUM § 4.2.1 The Stipulated Sum shall be Seven Hundred Five Thousand Dollars and Zero Cents ( $705,000.00 ),subject to additions and deductions as provided in the Design-Build Documents. § 4.2.2 The Stipulated Sum is based upon the following alternates,if any,which are described in the Design-Build Documents and are hereby accepted by the Owner: NIA § 4.2.3 Unit prices,if any,are as follows: Description Units Price($0.00) NIA § 4.2.4 Allowances,if any,are as follows: (Identify and state the amounts of any allowances,and state whether they include labor, materials,or both) Init. AIA Document A141--2004.Copyright®2004 by The American Institute of Architects.All rights reserved WARMNG:This AIAe Document is protected by U.B.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any Portion of it,may result In 3 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the low.This document was produced by ALA software at / 10:5428 on 10/082008 under Order No.1000365066_1 which expires on 7/2ar2009,and is not for resale. War Nobs: (3973171238) Allowance Amount($0.00) Included Items N/A § 4.2.5 Assumptions or qualifications,if any,on which the Stipulated Sum is based,are as follows: See attached proposed"Project Criteria'for assumptions and qualifications (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) § 4.5 CHANGES IN THE WORK § 4.5.1 Adjustments of the Contract Sum on account of changes in the Work may be determined by any of the methods listed in Article A.7 of Exhibit A,Terms and Conditions. § 4.5.2 Where the Contract Sum is the Cost of the Work,with or without a Guaranteed Maximum Price,and no specific provision is made in Sections 4.3.2 or 4.4.2 for adjustment of the Design-Builder's Fee in the case of Changes in the Work,or if the extent of such changes is such,in the aggregate,that application of the adjustment will cause substantial inequity to the Owner or Design-Builder,the Design-Builder's Fee shall be equitably adjusted on the basis of the Fee established for the original Work,and the Contract Sum shall he adjusted accordingly. ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Owner by the Design-Builder,the Owner shall make progress payments on account of the Contract Sum to the Design-Builder as provided below and elsewhere in the Design-Build Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: First of the month as stated in 5.1.2 § 5.1.3 Provided that an Application for Payment is received not later than the First day of month,the Owner shall make payment to the Design-Builder not later than the Fifteenth day of the same month.If an Application for Payment is received by the Owner after the application date fixed above,payment shall be made by the Owner not later than Fifteen( 15 )days after the Owner receives the Application for Payment. (Paragraph deleted) § 5.1.5 With each Application for Payment where the Contract Sum is based upon a Stipulated Sum or Cost of the Work with a Guaranteed Maximum Price,the Design-Builder shall submit the most recent schedule of values in accordance with the Design-Build Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.Compensation for design services shall be shown separately.Where the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price,the Design-Builder's Fee shall be shown separately.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require.This schedule of values,unless objected to by the Owner,shall be used as a basis for reviewing the Design-Builder's Applications for Payment. § 5.1.6 In taking action on the Design-Builder's Applications for Payment,the Owner shall be entitled to rely on the accuracy and completeness of the information furnished by the Design-Builder and shall not be deemed to have made AIA Document A141--20GL Copyright®2004 by The American Institute of Architects.All rights reserved.WARNING:This A10 Document Is protected Init. by U.S.Copyright Law and International Treatise.Unauthorized reproduction or distribution of this AIAe Document,or any portion of It,may result in 4 severe civil and criminal pensides,and will be prosecuted to the maximum extent possible under the law.This document was produced by ALA software at / 10:5428 on 10/08/2008 under Oder No.1 0003650681 which expires on 7/23=M,and is not for resale. User Not": (3973171238) a detailed examination,audit or arithmetic verification of the documentation submitted in accordance With Sections 5.1.4 or 5.1.5,or other supporting data;to have made exhaustive or continuous on-site inspections;or to have made examinations to ascertain how or for what purposes the Design-Builder has used amounts previously paid on account of the Agreement.Such examinations,audits and verifications,if required by the Owner,will be performed by the Owner's accountants acting in the sole interest of the Owner. § 5.1.7 Except With the Owner's prior approval,the Design-Builder shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 PROGRESS PAYMENTS - STIPULATED SUM § 5.2.1 Applications for Payment where the Contract Sum is based upon a Stipulated Sum shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.2.2 Subject to other provisions of the Design-Build Documents,the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values,less retainage of Ten percent ( 10.00% )on the Work,other than services provided by design professionals and other consultants retained directly by the Design-Builder.Pending final determination of cost to the Owner of Changes in the Work,amounts not in dispute shall be included as provided in Section A.7.3.8 of Exhibit A,Terms and Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction(or,if approved in advance by the Owner,suitably stored off the site at a location agreed upon in writing),less retainage of Ten percent ( 10.00% ); .3 Subtract the aggregate of previous payments made by the Owner,and .4 Subtract amounts,if any,for which the Owner has withheld payment from or nullified an Application for Payment as provided in Section A.9.5 of Exhibit A,Terms and Conditions. § 5.2.3 The progress payment amount determined in accordance with Section 5.2.2 shall be further modified under the following circumstances: .1 add,upon Substantial Completion of the Work,a sum sufficient to increase the total payments to the full amount of the Contract Sum,less such amounts as the Owner shall determine for incomplete Work, retainage applicable to such work and unsettled claims;and (Section A.9.8.6 of Exhibit A, Terms and Conditions requires release of applicable retainage upon Substantial Completion of Work with consent of surety,if any.) .2 add,if final completion of the Work is thereafter materially delayed through no fault of the Design-Builder,any additional amounts payable in accordance with Section A.9.10.3 of Exhibit A, Terms and Conditions. § 5.2.4 Reduction or limitation of retainage,if any,under Section 5.2.2 shall be as follows: (If it is intended,prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.2.2.1 and 5.2.2.2 above,and this is not explained elsewhere in the Design-Build Documents,insert here provisions for such reduction or limitation.) IReduction of retainage to 5%at Substantial Completion. (Paragraphs deleted) § S.S FINAL PAYMENT § 5.5.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Design-Builder no later than 30 days after the Design-Builder has fully performed the Design-Build Contract, including the requirements in Section A.9.10 of Exhibit A,Terms and Conditions,except for the Design-Builder's Init. AIA Document A/41-—2004.Copyright 02004 by The American Institute of Architects All rights reserved.WARNING:This AIAe Document is protected by U.S.Copyright Law and International Trestles.Unauthorized reproduction or distrilwtion of this AIA Document,or any portion of it,may result In 5 severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at / 10:5428 on 10108r2M under Order No.1000365066_1 which expires on 7/23f2009,and is not for resale. User Notes: (3973171238) responsibility to correct non-conforming Work discovered after final payment or to satisfy other requirements,if any, which extend beyond final payment. ARTICLE 6 DISPUTE RESOLUTION § 6.1 The parties appoint the following individual to serve as a Neutral pursuant to Section A.4.2 of Exhibit A.Terms and Conditions: (Insert the name,address and other information of the individual to serve as a Neutral.If the parties do not select a Neutral, then the provisions of Section A.4.2.2 of Exhibit A, Terms and Conditions, shall apply.) Dominic Orlando - City of Dania Beach John Wille-JMW Construction Corporation § 6.2 If the patties do not resolve their dispute through mediation pursuant to Section A.4.3 of Exhibit A,Terms and Conditions,the method of binding dispute resolution shall be the following: (If the parties do not select a method of binding dispute resolution,then the method of binding dispute resolution shall be by litigation in a court of competent jurisdiction.) (Check one.) [ X] Arbitration pursuant to Section AAA of Exhibit A,Terms and Conditions [ ] Litigation in a court of competent jurisdiction [ ] Other(Specify) § L3 ARBITRATION § 6.3.1 If Arbitration is selected by the parties as the method of binding dispute resolution,then any claim,dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration as provided in Section AAA of Exhibit A,Terms and Conditions. ARTICLE 7 MISCELLANEOUS PROVISIONS § 7.1 The Architect,other design professionals and consultants engaged by the Design-Builder shall be persons or entities duly licensed to practice their professions in the jurisdiction where the Project is located and are listed as follows: (Insert name,address,license number, relationship to Design-Builder and other information.) Name and Address License Number Relationship to Other Information Design-Builder Miklos and Associates AR 8741 Design Professional 2263 NW Boca Raton Blvd Boca Ratoa,Fla 33431. § 7.2 Consultants,if any,engaged directly by the Owner,their professions and responsibilities are listed below: (Insert name,address,license number,if applicable, and responsibilities to Owner and other information.) Name and Address License Number Responsibilities Other Information to Owner N/A § 7.3 Separate contractors,if any,engaged directly by the Owner,their trades and responsibilities are listed below: (Insert name,address, license number, if applicable, responsibilities to Owner and other information.) Name and Address License Number Responsibilities Other Information to Owner N/A InIt. AIA Document Al41--2004.Copyright m 2004 by The American lnstinite of Architects.All rights reserved.WARNING:This Alas Document is protected by U.S.Copyright Law and Intemationel Treaties.Unauthorized reproduction or distribution of this AIA Document,or any ponion of it,may result In 6 severe civil end criminal penalties,antl will be prosecuted to the maximum extent possible under the low.This document was produced by AIA software at 1 10:5428 on iolow2008 underorder No.1000365088_1 which expires on 772372009,and is not for resale. User Not": (3973171238) I 7A The Owner's Designated Representative is: 1 (Insert name,address and other information.) Dominic Orlando,P.E. 100 W.Dania Beach Boulevard Dania Beach,Florida 33004 § 7.4.1 The Owner's Designated Representative identified above shall be authorized to act on the Owner's behalf with respect to the Project. § 7.5 The Design-Builder's Designated Representative is: (Insert name,address and other information.) John Wille 4163 Artesa Drive Boynton Beach,Florida 33436 Mobile Number.(561)722-1922 jmw—cc@bellsouth.net § 7.5.1 The Design-Builder's Designated Representative identified above shall be authorized to act on the Design-Builder's behalf with respect to the Project. § 7.6 Neither the Owner's nor the Design-Builder's Designated Representative shall be changed without ten days written notice to the other party. § 7.7 Other provisions: N/A § 7.7.1 Where reference is made in this Agreement to a provision of another Design-Build Document,the reference refers to that provision as amended or supplemented by other provisions of the Design-Build Documents. § 7.7.2 Payments due and unpaid under the Design-Build Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) Five percent (5.00%)per annum (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Design-Builder's principal places of business,the location of the Project and elsewhere may affect the validity of this provision.Legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or waivers.) ARTICLE 8 ENUMERATION OF THE DESIGN-BUILD DOCUMENTS § 8.1 The Design-Build Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: § 8.1.1 The Agreement is this executed edition of the Standard Form of Agreement Between Owner and Design-Builder,AIA Document A141-2004. § 8.1.2 The Supplementary and other Conditions of the Agreement,if any,are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) Title of the Supplementary and Other Conditions exhibit: AIA Documsnl A141 a—2004.Copyright 02004 by The American Institute of Architects.All rights reserved.WARNING:This AIAe Document is protected Inh. by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA*Document,or any portion of it,may rerun in 7 severe chill and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at / 10:5428 m 10/08r200a under order No.1000365066_1 which expires on Marini and is not for resale. user Nobs: (3973171238) Exhibit 1:Project Criteria Scope Exhibit 2: Design Sketches (Table deleted) Exhibit 3: Cost Proposal Exhibit 4: Preliminary Schedule § 8.1.3 The Project Criteria,including changes to the Project Criteria proposed by the Design-Builder,if any,and accepted by the Owner,consist of the following: (Either list applicable documents and their dates below or refer to an exhibit attached to this Agreement.) Title of the Project Criteria exhibit See listing in 8.1.2 (Table deleted) § 8.1.4 The Design-Builder's Proposal,dated October 10,2008 ,consists of the following: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) Title of the Design-Builder's Proposal:Exhibit 1: Project Criteria Scope § 8.1.5 Amendments to the Design-Builder's Proposal,if any,are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) NIA § 8.1.6 The Addenda,if any,are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) Number Date Pages N/A § 8.1.7 Exhibit A,Terns and Conditions. (If the parties agree to substitute terms and conditions other than those contained in ALA Document A141-2004, Exhibit A, Terms and Conditions,then identify such terms and conditions and attach to this Agreement as Exhibit A.) § M.8 Exhibit B,Determination of the Cost of the Work,if applicable. (If the parties agree to substitute a method to determine the cost of the Work other than that contained in AM Document A141-2004,Exhibit B,Determination of the Cost of the Work then identify such other method to determine the cost of the Work and attach to this Agreement as Exhibit B.If the Contract Sum is a Stipulated Sum,then Exhibit B is not applicable.) § 8.1.9 Exhibit C,Insurance and Bonds,if applicable. (Complete AIA Document A141-2004,Exhibit C,Insurance and Bonds or indicate "not applicable.") not applicable § 8.1.10 Other documents,if any,forming part of the Design-Build Documents are as follows: (Either list applicable documents below or refer to an exhibit attached to this Agreement.) Tide of the Other Documents exhibit:N/A Init. AIA Document A141 n—2004.Copyright 0 2004 by The American Institute of Architams.All rights reserved.WARNING:This Alike Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this A10 Document,or any portion of it,may result in S wvere civil and criminal penai0es,and will be prosecuted to the maximum extent possible under the law.This document was produced by ALA software at / 10:5428 on 10/08/2008 undar0rder No.10003Ii5088_7 which expires on 7f23rl009,and is not For resale. User Now: (3973171238) This Agreement entered into as of the day and year first written above. OWNER(Signature) DESIG"UILDER(Signature) Dominic Orlando,P.E.,Director of Public Services John Wille,President (Printed name and title) (Printed name and title) AIA Document A141--2004.Copyright®2004 by The American Institute of Architects.All rights reserved.WARMNG:This AIA*Document is protected IMt by US.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIAe Document,or any portion of it may result in 9 severe civil and criminal penallles,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at / 105428 on/0/08rt008 under Order No.10003850"_7 which expires on 7/2aFAM,and is not for resale. User Noses: (3973171238) JMW Construction Corporation EIHEBTT1 Project Criteria Our project criteria will include the Design and Construction of two mausoleum buildings,one at the Dania Westlawn Cemetery site and one at the Dania Memorial Park Cemetery site. The proposed site plan allows for future expansion at each location through a phased constriction approach. Our intent is to develop one mausoleum design for use at both sites and for future expansion. The mausoleum design is based on a 60' x 16' building footprint that will provide 240 crypt chambers and 100 cremation niches per building. The building will be 6 chambers high resulting in an overall height of approximately 15'. The crypt construction will be cast-in-place concrete construction with concrete and masonry support columns. The roof slab will be cast-in-place concrete with a built-up roof system and will provide a 9'6"overhang on the sides and 6'6"on the ends. The sidewalk will W symmetrical with the roof slab providing a covered walk corridor around the entire mausoleum structure. Crypt faces will be finished with a travertine stone finish and other surfaces, (i.e. columns)will be stucco with decorative moldings. All stucco surfaces shall be painted. There is no electrical or lighting work associated with this project since electrical service is not available at either site. The site around the building shall be graded and ready for landscape and sod All new landscape,sod and irrigation work shall be provide by the City of Dania Beach. This project will include a concrete approach sidewalk leading to each of the new mausoleum structure(s)with design for future walkway expansion. The site plan identifies areas for future aesthetic features and meditation gardens as City funding allows. In summary,our Project Criteria includes the following: 1. Development of architectural design drawings ready for permit through the local building department,(permit and impact fees are to be paid by the City). 2. Construction of two identical mausoleum buildings,one at each site. 3. Construction of associated approach sidewalks. Our proposal is based on constructing both building simultaneously,completing work and turning buildings over to the City as per the proposed construction schedule. (See Attached). JMW Consiruciion Corporafion EXHIBIT 3 Cost Proposal Dana Memorial Park Danis Westlawo m le Ce e ry Mausoleum Mausoleum Project General Conditions $ 35,000.00 $ 35,000.00 Architectural Fees 20,000.00 20,000.00 Permit and Impact Fees Paid by City Paid by City Site Work • Earth work 2,500.00 2,500.00 • Fill for Bldg Pads 3,700.00 3,700.00 • Fine Grade 1,500.00 1,500.00 • Site Underground 4,000.00 4,000.00 'Aammes an edshWwater somae virhin 95'ofbug*ng • Landscape By City By City • Irrigation By City By City Concrete • Mausoleum shuctu a 153,000.00 153,000.00 • Site sidewalks 15,000.00 15,000.00 Moisture Protection • Roofing 15,000.00 15,000.00 Finishes • Travertine work at Crypt Faces 50,000.00 50,000,00 • Stucco 10,000.00 10,000.00 • Painting 2,500.00 2,500.00 Electrical • Electrical is not included as part of this Design Build project since there is no existing electrical service available at the site. Design will for day burial&viewing programs only. Subtotal $315,200.00 $312,500.00 Taxes and Insurance 12,300.00 12,300.00 Contractor Fee®8% 25000.00 25,000.00 $352,500.00 $352,500.00 Total Costs: S 705,000.00 1 � , i V C� a Y C X y r � m n s g - � 3 � v � m m � � 93 �emm C � p N C 3 c a c Y m G Y y 6 X C a a a� G X x x r 'm A — CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 10-28-2008 Public Hearing ❑X Adopt Resolution ❑ Adopt Ordinance (7st Reading) Adopt Ordinance (2nd Reading) ❑ Award Bid 1RFP ❑ Presentation ❑ Continued from: ORDINANCE NO.2008-029 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,AMENDING THE CITY CODE OF ORDINANCES;AMENDING CHAPTER 28"ZONING,"ARTICLE 18"INDUSTRIAL RESEARCH-OFFICE-MARINE(IROM)DISTRICT,"SECTION 18-30"PROHIBITED USES"IN ORDER TO CORRECT A SCRIVENER'S ERROR CONCERNING THE REGULATION OF ADULT USES WITHIN THE INDUSTRIAL RESEARCH-OFFICE-MARINE(IROM) DISTRICT;PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ TX-68-08: Zoning Code text amendment to the ]ROM zoning district prohibited uses(FIRST READING). Ordinance Staff Report Public Hearing Notice Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ ORDINANCE NO. 2008-029 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES; AMENDING CHAPTER 28 "ZONING," ARTICLE 18 "INDUSTRIAL RESEARCH-OFFICE-MARINE (IROM) DISTRICT," SECTION 18-30 "PROHIBITED USES" IN ORDER TO CORRECT A SCRIVENER'S ERROR CONCERNING THE REGULATION OF ADULT USES WITHIN THE INDUSTRIAL RESEARCH-OFFICE- MARINE (IROM) 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"), in Ordinance No. 2001-032, adopted on November 13, 2001, adopted regulations of adult-oriented uses which provided that such uses shall be permitted within the Industrial Research-Office-Marine (IROM) zoning district, subject to certain supplemental requirements as provided in Article 31 "Adult Entertainment Establishments" of the City of Dania Beach Code of Ordinances ("City Code"); and WHEREAS, the City Commission, by Ordinance No. 2004-009 adopted on March 23, 2004, provided for updates and revisions to its Industrial-General (IG) District Regulations, and inadvertently removed the Industrial Research-Office-Marine (IRON) district regulations from the City Code; and WHEREAS, additionally, subsequent to the adoption of Ordinance No. 2004-009, the City adopted Ordinance No. 2004-37 which reinstated the Industrial Research-Office-Marine (IROM) district regulations, and included a scrivener's error which listed adult entertainment as a prohibited use under Section 18.30 of Article 18; and WHEREAS, the City Commission finds and determines that these provisions are in need of revision in order to correct this scrivener's error and effectuate the intent of Ordinance No. 2001-032, which provided that adult entertainment uses shall be permitted in the Industrial Research-Office-Marine (IROM) district subject to the supplemental regulations of Article 31 "Adult Entertainment Establishments"; 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, including the aesthetic environment and natural scenic beauty 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. Amendment of Industrial Research-Office-Marine (IROM) Use Regulations. That Article 18 "Industrial Research-Office-Marine (IRON) District" of Chapter 28 "Zoning" is amended to read as follows: 18.30. Prohibited Uses. 2 (gg)(ff) Container storage. Section 3. 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. Section 4. That all ordinances or parts of ordinances and all resolutions or parts of resolutions in conflict with the provisions of this Ordinance are repealed. Section 5. That 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 6. That this Ordinance shall take effect immediately at the time of its passage and adoption. PASSED on first reading on 12008, PASSED AND ADOPTED on second reading 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 3 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE October 28, 2008 TO Ivan Pato, City Manager FROM Tom Ansbro, City Attorney Corinne Lajoie, AICP, Principal PlannerC77a�rs c SUBJECT TX-68-08: Zoning Code text amendment to the IROM zoning district prohibited uses (FIRST READING). The proposed text amendment will change the prohibited uses, to allow adult entertainment use consistent with regulations identified in Article 31, entitled Adult Entertainment. The City Commission has had the following actions relating to Adult Entertainment: • November 13, 2001 City Commission adopted (Ord. No. 2001-032) regulations to allow adult-oriented uses in the Industrial Research-Office- Marine ([ROM) zoning district, subject to certain supplemental requirements as provided in Article 31. • March 23, 2004 City Commission adopted (Ord. No. 2004-009) updates and revisions to its Industrial-General (IG) District Regulations, and inadvertently removed the IROM district regulations from the City Code. • March 23, 2004 City Commission adopted (Ord. No. 2004-009) which reinstated the ]ROM district regulations, and included a scrivener's error which listed adult entertainment as a prohibited use under Section 18.30 of Article 18. This amendment is needed to correct the scrivener's error and effectuate the intent of Ordinance No. 2001-032, which provided that adult entertainment uses shall be permitted in the IROM district subject to the supplemental regulations of Article 31 "Adult Entertainment Establishments". PLANNING AND ZONING BOARD RECOMMENDATION On October 15, 2008 the Planning and Zoning Board recommended approval of the proposed text change. STAFF RECOMMENDATION Approval, at the recommendation of the City Attorney. PLACE COPY OF LEGAL NOTICE HERE NOTICE OF HEARING BEFORE THE VITY E m COMMISSION OF THE CITY OF DANIA:BEACH, FLORIDA, REGARDING THE FOLLOWING PROPOSED ZONING TEXT AMENDMENT NOTICE fS GIVEN that on Tuesday, October 28, 2008 at 7.00 p.m:or as soon thereafter as the matter may be heard,the Planning and Zoning Board of the City of Dania Beach,Florida, will conduct a public hearing in the Com- mission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard,Dania Beach,Florida,to consider the proposed zoning text amendment: TX-68-08: Zoning. Code text change amending .the Industrial Research - Office Marine PROM) Zoning District to correct a scrivences error relating to aduR entertainment uses as follows: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 "ZONING," AR- TICLE 18 "INDUSTRIAL RESEARCH-OFFICE-MARINE PROM DISTRICT," SECTION- 18-30 "PROHIBITED USES OF THE CITY CODE OF ORDINANCES TO COR- RECT A SCRIVENER'S ERROR CONCERNING THE REGULATION OF ADULT USES WITHIN THE IROM DISTRICT, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 5 " —' City or Dania Beach - Boundary hlaP Information regarding of the proposed te4t 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 meetinngg and be heard with respect to the proposed text amend- ments. Any person-who decides to appeal any decision Frieda with respect to any matter considered at this hear- ing will need a record of the proceedings and for such pur- pose 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,per-. sons needing assistance to participate in any of the pro- ceedings should contact the City,Clerk's Office,100 West Dania Beach Boulevard,DaniaBesch,Florida!MW(954) 924-6800 at least 48 hours prior to the meeting. - Lou Ann Cunningham Planning Associate Published:Thursday,,October is;2008 CITY OF DANIA BEACH Agenda Item # " —` Agenda Request Database Date of Commission Meeting: 10-28-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2008-204 A RESOLUTION OF THE CRY OF DANIA BEACH,FLORIDA,FOR A FOURTH EXTENSION RELATING TO THE REQUEST FOR APPROVALS SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM,ATKINSON,DINER,STONE,MANKUTA S PLOUCHA,P.A.,REPRESENTING HOLLYWOOD INVESTMENTS GROUP,I,LLC,FOR VARIANCE VA-03-M GRANTED BY RESOLUTION 2006-105;SPECIAL EXCEPTION USE SE-03-06 GRANTED BY RESOLUTION 2006-106,VACATION VC-03-06 GRANTED BY RESOLUTION 20W-112;AND SITE PLAN REQUEST SP-03-05 GRANTED BY RESOLUTION 2005-107,FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENI,FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE 1ST COURT,DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ PIRATES INN/CASA BENI: SE-03-06NA-03-06/VC-03-06/SP-03-06: David Mankuta, representing Hollywood Investments Group, LLC, is requesting a one year extension on all approvals indicated below. Resolution Staff Report Application Site Plan Exhibit 1 ;Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manaaer Date HR Director Date Finance Director Date City Attorney Date City Manaaer Date Commission Action: Approved: ❑ Denied: 7 Continued to: ❑ RESOLUTION NO. 2008-204 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, FOR A FOURTH EXTENSION RELATING TO THE REQUEST FOR APPROVALS SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM, ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING HOLLYWOOD INVESTMENTS GROUP, I, LLC, FOR VARIANCE VA-03-06 GRANTED BY RESOLUTION 2006-105; SPECIAL EXCEPTION USE SE-03- 06 GRANTED BY RESOLUTION 2006-106; VACATION VC-03-06 GRANTED BY RESOLUTION 2006-112; AND SITE PLAN REQUEST SP-03- 06 GRANTED BY RESOLUTION 2006-107, FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENI, FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE 1ST COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 27, 2006, the City Commission approved the following requests for variances: 1) Variance request to allow a 140 foot high (ceiling of highest floor) mixed-use residential/commercial building (maximum height in C-2 is 40 feet), per Chapter 28, "Zoning", Article 4, "Schedule of Lot Yard and Bulk Regulations"; 2) Variance to allow tandem/stacked parking spaces for apartments (tandem parking otherwise prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; 3) Variance to allow tandem/stacked parking spaces for retail/restaurant (tandem parking otherwise prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; 4) Variance to waive pervious area requirement (Code requires 15% - 30%),per Chapter 28, "Zoning", Article 29, "Pervious and Impervious Requirements"; and 5) Variance to reduce required overall project parking by 26.3% (829 spaces required by parking code; 611 spaces provided on plan), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; for property owned by Hollywood Investments LLC, (the "Applicant'), pursuant to Resolution 2006-105, subject to conditions; and i WHEREAS, on June 27, 2006, the City Commission approved a Special Exception request allocating 305 Local Activity Center ("LAC") dwelling units to construct a mixed-use residential/commercial development for the property, by Resolution 2006-106, subject to conditions; and WHEREAS, on June 27, 2006, the City Commission approved the vacation of a portion of NE I" Avenue generally located between the Pirates' Inn and the former Fish Grill properties, the fifteen (15) foot alley located on the former Fish Grill site and the one and one half(1'h) foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE 0 Court, pursuant to Resolution No. 2006-112 and legally described in Exhibit "A" of that document, provided however, the vacation approval was not to become effective until the conditions listed in Resolution 2006-112, have been met to the satisfaction of the City Commission; and WHEREAS, on June 27, 2006, the City Commission approved the site plan request for the proposed construction of a mixed-use residential/commercial development with the assignment of up to 305 Local Activity Center units, pursuant to Resolution 2006-107, subject to conditions; and WHEREAS, on June 26, 2007, pursuant to Resolution No. 2007-117, an extension of the original approvals was granted until September 26, 2007; and WHEREAS, on September 11, 2007, pursuant to Resolution No. 2007-154, a second extension of the original approvals was granted until December 25, 2007; and WHEREAS, on January 22, 2008, pursuant to Resolution No. 2008-019, a third extension of the original approvals was granted until October 22, 2008; and WHEREAS, Attorney David B. Mankuta, on behalf of the property owner, is requesting a fourth extension of the approvals associated with the above described project relating to the variance request, special exception use, vacation, and site plan until October 27, 2009; 2 RESOLUTION#2008-204 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the requests to extend the expiration date of the approvals for the variances, special exception use, vacation and site plan are approved until October 27, 2009, subject to the applicant submitting complete plans in compliance with the 27 conditions previously listed and subject to review by staff to determine if the building can be accommodated on the site. Applicant shall appear before the Dania Beach CRA Board before October 27, 2009 to present its conceptual building plans for Board review. 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: ALBERT C. JONES LOUISE STILSON, CMC MAYOR-COMMISSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY 3 RESOLUTION#2008-204 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE October 28, 2008 TO Ivan Pato, City Manager FROM Corinne Lajoie, AICP, Principal Planner SUBJECT PIRATES INN/CASA BENI: SE-03-06NA-03-06IVC-03-06/SP- 03-06: David Mankuta, representing Hollywood Investments Group, LLC, is requesting a one year extension on all approvals indicated below. SPECIAL EXCEPTION To allocate 305 Local Activity Center (LAC) dwelling units. VARIANCES 1. Allow 140 foot building height; maximum 40 feet allowed at time. 2. Allow tandem and stacked parking spaces for retail and apartment use; tandem and stacked spaces are prohibited. 3. Reduce on-site pervious area to 1%; 15% to 30% required at time. 4. Reduce required parking by 26.3%. VACATE 1. Portion of NW 1s`Avenue. 2. 15 foot alley (Fish Grill site). 3. 1.5 foot wide utility easement. SITE PLAN Approval for a mixed-use condominium containing 305 dwelling units, 10,000 sq. ft. of retail, and 10,000 sq. ft. of restaurant. On June 27, 2006, the original project approval was granted by the City Commission subject to conditions. On June 26, 2007, September 11, 2007 and again on January 22, 2008 the City Commission granted approval extensions. The applicant's attorney is requesting a fourth extension for twelve months, until October 27, 2009. The approved site plan was neither complete nor clear with regards to traffic circulation, parking, loading, sanitation, service areas, landscaping, building setbacks and upper level building recess requirements. Until the applicant corrects the plan and complies with City Commission conditions, staff cannot determine if building containing 305 dwelling units, 10,000 square feet of retail, and 10,000 square feet of restaurant can fit on this site. TOD Zoning: At the time of site plan approval, the property was zoned C-2 Commercial. The C-2 zoning is primarily intended for retail and office uses (residential is regulated as a special exception) up to 40 feet in height. The was rezoned to Transit Oriented Development (TOD) earlier this year. property The TOD zoning provides flexibility in meeting parking requirements, allows 14 story units per acre 5% pervious area, and buildings subject to conditions, 75 dwelling p specifies ground floor and upper level setbacks. TOD allows significantly more development potential than C-2 for quality projects. Preliminary analysis indicates the approved plan does not comply with TOD parking, pervious area, some setbacks, and density criteria. The approved plan allows 100 units per acre. Extension Request: The applicant is requesting a twelve month extension in which to obtain a building permit. In order to obtain a building permit, the applicant must: 1) Revise the site plan package for staff review, addressing unresolved issues and the City Commission approval conditions. 2) Submit revised building elevations to City Commission for architectural approval. 3) Obtain City Commission approval of park impact fee. 4) Obtain Broward County EPD approval, including payment of County Impact Fees. 5) Submit permit drawings for Building, Fire, and Civil approval and consistency with the approved site plan. 6) Pay building permit and city impact fees. 7) Applicant shall appear before the Dania Beach CRA Board before October 27, 2009 to present its conceptual building plans for review. If the plan is modified, the modified plan shall be resubmitted to the City Commission for re-review. PREVIOUS CITY COMMISSION ACTIONS On June 27, 2006, the original project approval was granted by the City Commission subject to conditions. On June 26, 2007, September 11, 2007 and again on January 22, 2008 the City Commission granted approval extensions. STAFF RECOMMENDATION Due to the difficult economy and market conditions the CRA Director recommends no more than an 8 month extension. If the City Commission chooses to extend the approval for twelve months, applicant is advised to submit complete, revised site plans as soon as possible to allow sufficient time for both site plan and building permit review. ATKINSON, DINER, STONE, MANKUTA 8r PLOUCHA, P.A. ATTORNEYS AT LAW ONE FINANCIAL PLAZA 100 SOUTHEAST 3RD AVENUE SUITE 1400 FT. LAuaEROALE,FL 33394-0030 WAW ATKINSON-DINER.COM DAVID B. MANKUTA BROwARD (954)925-5501 dbm@atkinson-dineccom Mim-DADS (305)944-1882 BOARD CERTIFIED IN CONSTRUCTION LAw FAX (954)920-2711 September 26, 2008 Via Facsimile & U.S. Mail I , 954-922-26871id° Ica Ms. Corinne Lajoie Planning Director EP a Mg City of Dania Beach planning 100 West Dania Beach Blvd. Department Dania Beach, FL 33004 Re: Hollywood Investments Group, I, LLC. Our File No.: 7591-06242 Dear Corinne: You will recall that we represent Hollywood Investments Group, I, LLC., in connection with matters before the City of Dania Beach regarding the various approvals obtained for development of the Pirate's Inn site. Since the Commission last agreed to a nine (9) month extension of time on the approvals, the economic climate in general and the real estate market in particular have deteriorated significantly. Under the current circumstances, it is necessary for us to request an additional extension of time of at least twelve (12) months to enable us to fully realize the project, as approved. Accordingly, please accept this letter as our request for an additional extension of time to accomplish our goals. I would appreciate your having this request placed on the City Commission agenda so as to avoid any interruption in our endeavors. I trust you will find the foregoing in order. Should you have any questions or require any additional information, please feel free to contact me. ADt 9Kk3 ID B. DBMflpa cc: Hollywood Investments Group 1, LLC. 442966_1 OCT 16 Moe 11:44 FR RDSMP TO 0379#101e#00009# P.02iO4 '18/91/2009 29;23 95492226e7 DANIA BEACH BUILDING PAGE 91/0r0 poww F"Note 7671 °'* _ o P, City of Dania Beady Florida ,. Department of Commurft Development � >< 7C Planning and Zoning Division (954)9244"Phone www.dantabea 11 ji9v General Development Application ASMOn eat Of Variance g O Assrgnmant art Ptex/Reaerve Units Q Land Use Amendment MMU Ci Plat n Plat Dei®gadon Request fl`T TD B O Rasonbrg patie ReL'd: a N tpecift l Planning 0 Speciall Exception p�atitbrt a: a Tratfi my Waiver elpart rent D Variance 0 RaedwayVacation s P o3 OletXy VA-03-b('Ek Cl Ex6entded"am m other: Extension of approvals C-ko cl-E-Yq SC o3-0(,C) L{- TKM APPL=1I0N VML NOT BE ACGEP IM WML IT 25 COMPLETE AND SUBM1PfED WITH ALL NECESARRY WWMEffM. Refer to the application type at the bap of Ws form and '"Ohnod Documertation'chaddid to determine the supplemental doeranerrt r"Ared with each appllod . For aft tale fed eppli melons,the responsible contul or of record shall be present at the board hearing.. Their failure to acbend may impact upon the dispodoon of your applicatlon. As ahvays,the applicant or them authwted legal agent must be present at all meedng6. AN projects must also obtain a building permit from the Mys 9uildarg Department Location Address! 4 North.Pede1+01-Highway, Dania Beach, FL '..._ . see att ��hhQQdd see attached Lot(9);see attache�lodt: ._ ... SairO[avlsron; Recorded PM Name: _ Main Wo Numbw(s); 504234011860 Leo Deseripbon: See attached -_ -Appli lR2presBbM •rdemle)_ David B. Mankutaµ, Esq. Address d App6carlt;__ One Financial Plaza, Ste. 1400, Ft. Lauderdale, FL 33394 .._� eUsinWTekphone! 954-925-5501F�W:954-920-2711 E-Mall: Name of Properly Oevner.. Hollywood Investment .Group I, LLC, Aftessofftperty owner^-1900 Taylor Street, Hollywood, FL 33020 Buckles Telephone' Home; Fax: opIanStionofRequest approvals are due to expire. For a variety of reasons, we require Fw,PAaly A� Pbr/Y9M for A�&bk;h M44somt as im, additional Arat;k20.13of 2$Z&7VCode. time. approx. prop,Net Acreage:_ Gross Acreage: 2-3 _ prop.Square Footage: Odstrng User hotel; vacant Pmposed use; apartments Is Prop"owned indhAdually,byaaarppraf %ora joint venture? a limited liability company OCT 16 2008 11:44 FR RDSMP TO 0379#1018#00009# P.03iO4 18/01/2098 08:28 9549222687 DANIA BEACH 13UILDIhIG PAGE 02/P0 I underekand that site plan and variance approval BoWnatially eMiM Within 12 nwMhs of aw Commission approval,pursuant to Ordinance No.2005-M Applicant/Owrwx signature Print Name Date APPLICANT,CONSULTANT,OR LEM REPRESENTATIVE WTARMW SIGNATURE Swam to and subsultieddbbelow me App wf�n {ie tati�: This dey of 20s l{ Date: n Name of Notary public (Print Name) of T9rY,F'"� One� Financial Avenue, plaza, Suite 1400 100 BE 3rd Avenue, Ft Lauderdale, FL _33394 Print Name of Notary Street Addremr City,Slats and ap Code 954-925-5501 (ph) 954-920-2711 (fax) YY=*IwD Telephone No.&Fx Na *Nmba INDr=UAL OWNER NOTAREWD SIGNATURE: Thts Is W cerdfy that I am the fee simple Omer of subject lands described above and that I haws&MoriW ( Wiarnyawalmo"reserrWa)_. � _to make and file the efaoesald apptration. Sworn to and subxribed before me Owner. This day of _20 Signature: new_, 5Dn Name of'No"Pubik (Pant Name) States of( ) Print Name of Notary Shot Addrex,City,ston and Zip Code 0"Malon Nplres: Seal: Telephone No.b Pax No. OCT 16 2008 11:44 FR RDSMP TO 0379#1016p0oo09# P.04/04 0 ' LEGAL DESCRIPTION The source of the following legal description is a survey by Cousins Surveyors&Associates, Inc. and RMRC believes this to be accurate for the purposes of appraising the property, however does not warrant its oorrectnessforan Y other use. Lots 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24, Block 12, 'THE TOWN OF MODELO', according to the Plat Thereof, as recorded in Plat Book 08', Page 49 of the Public Records of Miami Dade County,Florida. Less the right-of-way for State Road#5 and less Me nght-0f-way for Dania Beach Boulevard, said lends lying and being in Broward County, FL. Together Wtth:'Lot 27, less the right-of-way of Dania Beach BouWiartll Lois 28, 29, 30, and 31, Block 2, 'ESIOLSON ADDITION TO THE CITY DANIW, according to the Plat thereof, as recorded in Plat Book 7, Page 10, of the Public Records of Broward County, FL Lots 1, 2, 3, 4, 5, and 6, Bbok 1, Less the right-of-way for Dania Beach Boulevard, together with Lots 1 and 2, Block 6, 'BEACHWAY', according to the plat thereof, as recorded in Plat Book 8, Page 33 of the Public Records of Broward County, FL TOTAL PAGE.04 *c* Mayor Anton opened the Public Hearing. Patricia Tyra, 2912 SW 54`h Street, Estates of Fort Lauderdale,noted that the City did not submit a formal notice to the Homeowners' Association,despite her previous request. She did not know if the specific Committee within their Association had approved the homeowner's request. Mayor Anton apologized for the oversight and noted we would make sure this does not happen again when similar requests are received by staff. Jocelyn Perreault, 2901 W. Marina Drive, Estates of Fort Lauderdale, opposed the approval of the variance. She indicated Mr. Labrecque knew the project violated the codes of the Association and the City. Ms. Perreault said a tenant moved in after the construction was completed, and the neighbors are disturbed to see that Mr. Labrecque built an illegal addition to his home and profits from it. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Fidel Labrecque, applicant, noted his trailer is still on the property. He acknowledged that he closed in his carport for use as a storage room without a permit from the City. Ms. Lajoie confirmed that the City requires approval from the Homeowners' Association for building permit approval. She responded for the Commission that she has not seen any documentation from the Association approving the applicant's request. Mr. Labrecque stated he had approval from the Homeowners' Association. Commissioner Bertino motioned to deny Resolution #2008-022; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Commission Comments was heard after Item #9.9 Item #9.10 was heard after Item #9.11 9.10 RESOLUTION#2008-019 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, FOR A THIRD EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON JUNE 26, 2007 BY RESOLUTION 2007-117, AND A SECOND EXTENSION WAS APPROVED ON SEPTEMBER 11, 2007 BY RESOLUTION 2007-154, WHICH EXPIRED ON DECEMBER 25, 2007) RELATING TO THE REQUEST FOR APPROVALS SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM, ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING HOLLYWOOD INVESTMENTS GROUP, I, LLC, FOR VARIANCE VA-03-06 GRANTED BY RESOLUTION 2006-105; SPECIAL EXCEPTION USE SE-03-06 GRANTED BY RESOLUTION 2006-106; VACATION VC-03-06 GRANTED BY RESOLUTION 2006-112; AND SITE PLAN REQUEST SP-03-06 GRANTED BY RESOLUTION 2006-107, FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENI,FOR Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,January 22,2008—7:00 p.m. PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE 1IT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-019. He advised this was a quasi- judicial matter and swore-in those who would speak. City Attorney Ansbro reminded the Commission that this request was approved by the CRA Board at their December 13, 2007 meeting. Mayor Anton opened the Public Hearing. David Mankuta, Attorney for the applicant, noted the CRA Board had approved a 9-month extension. He indicated that they are actively working on the completion of the plans to be presented to the Planning Division. Seeing as there was no one to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Castro motioned to adopt Resolution#2008-019; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Consent Agenda was heard after Item #9.10 Item#9.11 was heard after Citizen Comments 9.11 RESOLUTION#2008-005 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE"AMENDED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING,BROWARD COUNTY, FLORIDA'; PROVIDING FOR AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO THIS AGREEMENT;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-005. He noted this is a State mandated requirement. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition,he closed the Public Hearing. Commissioner Castro motioned to adopt Resolution#2008-005; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,January 22,2008—7:00 p.m. RESOLUTION NO. 2008-019 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, FOR A THIRD EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON JUNE 26, 2007 BY RESOLUTION 2007-117, AND A SECOND EXTENSION WAS APPROVED ON SEPTEMBER 11, 2007 BY RESOLUTION 2007-154, WHICH EXPIRED ON DECEMBER 25, 2007) RELATING TO THE REQUEST FOR APPROVALS SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM, ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING HOLLYWOOD INVESTMENTS GROUP, I, LLC, FOR VARIANCE VA-03-06 GRANTED BY RESOLUTION 2006-105; SPECIAL EXCEPTION USE SE-03-06 GRANTED BY RESOLUTION 2006-106; VACATION VC-03-06 GRANTED BY RESOLUTION 2006-112; AND SITE PLAN REQUEST SP-03-06 GRANTED BY RESOLUTION 2006-107, FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENI, FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE Isr COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 27, 2006, the City Commission approved the following requests for variances: 1) Variance request to allow a 140 foot high (ceiling of highest floor) mixed-use residential/commercial building (maximum height in C-2 is 40 feet), per Chapter 28, "Zoning", Article 4, "Schedule of Lot Yard and Bulk Regulations"; 2) Variance to allow tandem/stacked parking spaces for apartments (tandem parking otherwise prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; 3) Variance to allow tandem/stacked parking spaces for retail/restaurant (tandem parking otherwise prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; 4) Variance to waive pervious area requirement (Code requires 15% - 30%), per Chapter 28, "Zoning", Article 29, "Pervious and Impervious Requirements"; and 5) Variance to reduce required overall project parking by 26.3% (829 spaces required by parking code; 611 spaces provided on plan), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; for property owned by Hollywood Investments LLC, (the "Applicant"), pursuant to Resolution 2006-105, subject to conditions; and WHEREAS, on June 27, 2006, the City Commission approved a Special Exception request allocating 305 Local Activity Center ("LAC") dwelling units to construct a mixed-use residential/cornmercial development for the property, by Resolution 2006-106, subject to conditions; and WHEREAS, on June 27, 2006, the City Commission approved the vacation of a portion of NE 151 Avenue generally located between the Pirates' Inn and the former Fish Grill properties, the fifteen (15) foot alley located on the former Fish Grill site and the one and one half(11G) foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE IS` Court, pursuant to Resolution No. 2006-112 and legally described in Exhibit "A" of that document, provided however, the vacation approval was not to become effective until the conditions listed in Resolution 2006-112, have been met to the satisfaction of the City Commission; and WHEREAS, on June 27, 2006, the City Commission approved the site plan request for the proposed construction of a mixed-use residential/commercial development with the assignment of up to 305 Local Activity Center units, pursuant to Resolution 2006-107, subject to conditions; and WHEREAS, on June 26, 2007, pursuant to Resolution No. 2007-117, an extension of the original approvals was granted until September 26, 2007; and WHEREAS, on September 11, 2007, pursuant to Resolution No. 2007-154, a second extension of the original approvals was granted until December 25, 2007; and WHEREAS, Attorney David B. Mankuta, on behalf of the property owner, is requesting a third extension of the approvals associated with the above described project relating to the variance request, special exception use, vacation, and site plan until October 22, 2008; 2 RESOLUTION#2008-019 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the requests to extend the expiration date of the approvals for the variances, special exception use, vacation and site plan are approved until October 22, 2008, subject to the applicant submitting complete plans in compliance with the 27 conditions previously listed and subject to review by staff to determine if the building can be accommodated on the site. Applicant shall appear before the Dania Beach CRA Board before October 22, 2008 to present its conceptual building plans for Board review. 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 January 22, 2008. ATTEST: B B NT v ' LOUISE STILSON, CMC MAYOR-COMMISSIONER CITY CLERK APPROVED AS TO FORM AND%CORRECTNESS BY: 4J.. BVRO CITY ATTORNEY 3 RESOLUTION #2008-019 Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition,he closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2007-021, on second reading; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 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. Mayor Anton noted he had been contacted by Mr. Fellini. 9.3 RESOLUTION #2007-154 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON JUNE 26, 2007, AND EXPIRES ON SEPTEMBER 26, 2007) RELATING TO THE REQUEST FOR APPROVALS SUBMITTED BY DAVID MANKUTA WITI4 THE LAW FIRM, ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING 14OLLYWOOD INVESTMENTS GROUP, 1, LLC., FOR VARIANCE VA-03-06 GRANTED BY RESOLUTION 2006-105; SPECIAL EXCEPTION USE SE-03-06 GRANTED BY RESOLUTION 2006-106; VACATION VC-03-06 GRANTED BY RESOLUTION 2006-112; AND SITE PLAN REQUEST SP-03-06 GRANTED BY RESOLUTION 2006-107, FOR THE PROJECT KNOWN AS PIRATES INN/CASA BEN], PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE IIT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Anshro read the title of Resolution#2007-154. Laurence Leeds, AICP, Community Development Director, provided the history of the property. He noted that a plan was submitted last Thursday that appears to address 9-10 of the 27 conditions required for approval. Based on a preliminary review, it appears that they meet the parking requirements. He noted the plan is a significant improvement from the preliminary plan which was submitted and approved. Mayor Anton opened the Public Hearing. David Mankuta, of Atkinson, Diner, P.A., Attorney for the applicant, reminded the Commission that the first year was held up by the court issue. He noted they have a new architect working on the project who has diligently addressed the most significant conditions. Attorney Mankuta also indicated that no tandem or hydraulic parking will be required. He provided the Commission with a rendering of the new proposed building which they thought would contain all the ingredients for a good project. Attorney Mankuta requested a one year extension to redesign the project due to today's market conditions. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,September 11,2007—7:00 p.m. Commissioner Castro questioned why we would approve the extension if the project is diifcrent from what was previously approved. She also questioned the traffic flow through the building. Director Leeds noted that he prefers the traffic flow on the new rendering. Commissioner Castro asked what incentive would be given to the City. Attorney Mankuta noted this is the same project, it simply eliminated the requirement of valet parking. This is a modification of the plan that is more workable. Secondly, they have been the owner of the property and they have no intention to flip the property. He indicated that the first year was held up by the court appeal, but they have been working diligently during the past 90 days, He noted his client has invested over $100,000 in this project, and the additional investment to continue and complete the design process is clear evidence of his good faith. Commissioner Bertino noted that he spoke with Mr. Atkinson at the beginning of the project. He commented on the small size of the proposed new apartments. Commissioner Bertino would prefer to see a completely new project. Attorney Mankuta noted the 500 square foot one-bedroom units are considered affordable housing. Director Leeds clarified for Vice-Mayor Jones that granting an extension would not have any fiscal impact on the City. He further noted that this is not a land use or zoning change request, it is a site plan request, therefore the County is not involved and no conditions are attached regarding affordable housing. Vice-Mayor Jones requested a quarterly update on the project. Commissioner Flury noted she is not concerned with the extension, but with the project. She did not like the idea of having such small units in a condominium apartment complex. Commissioner Flury would like to have a Workshop to discuss the project in more detail. Director Leeds indicated that there are two issues that need to be resolved: the size of the units and the street going through the building. Mayor Anton thought the size of the units was too small. He questioned if this building would fit within the TOD zoning. Director Leeds advised that the density is excessive under the current TOD zoning which allows 225 units while this request is for 305 units. He noted the other issue is that they would still be short on parking and would not be able to build the building under the existing zoning. Mayor Anton indicated that he does not have a problem with the roadway going through the building provided all safety issues are met. Mayor Anton would be willing to approve a 3-month extension, not one year. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,September 11,2007—7:00 p.m. Attorney Mankuta noted they appreciate the Commissioners comments and they are making an effort to address the conditions required by the City. They have spent a significant amount of money and want to continue with the project. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Flury motioned to adopt Resolution #2007-154, for a 3-month extension, provided they appear before the CRA Board before the end of the 3-month period; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.4 RESOLUTION #2007-155 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY FLOOKER ADAMS ON BEHALF OF 1ANETTE S. NANTON, FROM CHAPTER 28, "ZONING", ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS" AND ARTILCE 6.21 "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 53 SE 13Tn TERRACE, DANIA BEACH:PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-155. Laurence Leeds, AICP, Community Development Director, provided a description of the property. He noted that staff recommends three parking spaces; two are provided by the applicant. The driveway apron would need to be expanded to accommodate the three parking spaces. The Planning and Zoning Board recommended approval with conditions. He noted that the applicant contacted him after the plans had been submitted and indicated that she wished to flip the direction of the house. Ms. Fraser, Broward County Housing Construction, Supervisor of the program that Ms. Nanton applied for, noted they have not approved the cost of flipping the house. Janette Nanton, homeowner, noted that she requested changing the direction of the house because there is no egress into the backyard. She understands that Broward County does not want to incur any additional costs, and she is willing to pay for the additional cost. Ms. Nanton indicated it would not be a problem for her to continue this request for another two weeks, but Broward County may see it as an issue. Ms. Fraser confirmed delaying the request for two weeks would not be a problem. Mayor Anton opened the Public I fearing. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,September 11,2007 - 7:00 p.m. RESOLUTION NO. 2007-154 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA; FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON JUNE 26, 2007, AND EXPIRES ON SEPTEMBER 26, 2007) RELATING TO THE REQUEST FOR APPROVALS SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM, ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING HOLLYWOOD INVESTMENTS GROUP, 1, LLC., FOR VARIANCE VA-03-06 GRANTED BY RESOLUTION 2006-105; SPECIAL EXCEPTION USE SE-03-06 GRANTED BY RESOLUTION 2006- 106; VACATION VC-03-06 GRANTED BY RESOLUTION 2006-112; AND SITE PLAN REQUEST SP-03-06 GRANTED BY RESOLUTION 2006-107, FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENI, PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE IT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 27, 2006, the City Commission approved the following requests for variances: 1) Variance request to allow a 140 foot high (ceiling of highest floor) mixed-use residential/commercial building (maximum height in C-2 is 40 feet), per Chapter 28, "Zoning", Article 4, "Schedule of Lot Yard and Bulk Regulations"; 2) Variance to allow tandem/stacked parking spaces for apartments (tandem parking otherwise prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; 3) Variance to allow tandem/stacked parking spaces for retail/restaurant (tandem parking otherwise prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; 4) Variance to waive pervious area requirement (Code requires 15% - 30%), per Chapter 28, "Zoning", Article 29, `Pervious and Impervious Requirements'; and 5) Variance to reduce required overall project parking by 26.3% (829 spaces required by parking code; 611 spaces provided on plan), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; for property owned by Hollywood Investments LLC., (the "Applicant'), pursuant to Resolution 2006-105, subject to conditions; and WHEREAS, on June 27, 2006, the City Commission approved a Special Exception request allocating 305 Local Activity Center ("LAC") dwelling units to construct a mixed-use residential/commercial development for the property, by Resolution 2006-106, subject to conditions; and WHEREAS, on June 27, 2006, the City Commission approved the vacation of a portion of NE I"Avenue generally located between the Pirates' Inn and the former Fish Grill properties, the fifteen (15) foot alley located on the former Fish Grill site and the one and one half(1'/2) foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US I and NE ls` Court, pursuant to Resolution No. 2006-112 and legally described in Exhibit "A" of that document, provided however, the vacation approval was not to become effective until the conditions listed in Resolution 2006-112, have been met to the satisfaction of the City Commission; and WHEREAS, on June 27, 2006, the City Commission approved the site plan request for the proposed construction of a mixed-use residential/commercial development with the assignment of up to 305 Local Activity Center units, pursuant to Resolution 2006-107, subject to conditions; and WHEREAS,on June 26, 2007, pursuant to Resolution No. 2007-117, an extension of the above approvals was granted until September 26, 2007; and WHEREAS, Attorney David B. Mankuta, on behalf of the property owner, is requesting a second extension of the approvals associated with the above described project relating to the variance request, special exception use, vacation, and site plan until December 25, 2007; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: 2 RESOLUTION#2007-154 Section 1. That the requests to extend the expiration date of the approvals for the variances, special exception use, vacation and site plan are approved until December 25, 2007, subject to the applicant submitting complete plans in compliance with the 27 conditions previously listed and subject to review by staff to determine if the building can be accommodated on the site. Applicant shall appear before the Dania Beach CRA Board before December 25, 2007 to present its conceptual building plans for Board review. 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 repe aled 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 September 11,2007. ATTEST: BOB ANTO LOUISE STILSON, CMC MAYOR-COMMISSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THL14 A BRO CITY ATTORNEY 3 RESOLUTION#2007-154 Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 9.5 RESOLUTION#2007-117 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE REQUEST SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM , ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING HOLLYWOOD INVESTMENTS GROUP, 1, LLC., FOR AN EXTENSION RELATING TO THE APPROVALS OF VARIANCE VA-03-06 GRANTED BY RESOLUTION 2006-105; SPECIAL EXCEPTION USE SE43-06 GRANTED BY RESOLUTION 2006-106; VACATION VC-03-06 GRANTED BY RESOLUTION 2006-112,AND SITE PLAN REQUEST SP-03-06 GRANTED BY RESOLUTION 2006-107,FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENI,FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE In COURT, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-117. Laurence Leeds, AICP, Director of Community Development, noted the original requests were approved on June 27, 2006 and contained 27 conditions. He noted that the conditions will need to be met and a new site plan submitted for approval. Director Leeds indicated the previously approved site plan does not comply with current TOD zoning. The applicant will also need to pay Park Impact fees as well as County Impact fees. Mayor Anton opened the Public Hearing. Wilson Atkinson, attorney representing the applicant, noted several people in the City did not agree with the City Commission's decision and filed an appeal in Court. Mr. Atkinson advised that his client won in court and is now willing to move forward with this project. He pointed out that his client thought this was a viable project, and requested approval for the extension requests. Patty Hart, 517 NE 2nd Place, would like somebody to make a presentation to their neighborhood. She asked the Commission to approve the project. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Attorney Atkinson clarified that Mr. Fellini has always been an owner of the project, and there have been discussions with Lennar, who feels there is value to the approvals granted last year. Director Leeds responded for Commissioner Bertino that the applicant would have to provide 40 additional parking spaces as one of the 27 conditions on the approved site plan request. Commissioner Bertino motioned to continue Resolution #2007-117, subject to the same approvals; seconded by Commissioner Flury. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. Commissioner Castro indicated she would not support the request because there was too much local activity involved. She did not believe Lennar would follow through. Commissioner Castro was frustrated to see that we continue to extend projects and property values continue to rise. She asked if any member of the Commission had financial gain on this property. Commissioner Bertino responded in the negative. Commissioner Flury advised she has not talked to anyone and did not have any financial gain on this property. She further noted that if we do not grant this extension tonight, we are guaranteed that it will sit there for another year. Mayor Anton indicated that he would not support the request. He pointed out that he would only support it if there was an indication from the property owner that he would move forward with the project. Attorney Atkinson noted that his client has sat on his rights for the past year because some residents in Dania Beach filed a lawsuit. He is in the same position that he was in when the Commission approved the plan last year. Attorney Atkinson indicated that a meeting is scheduled with staff and the Mayor this week. He thought one year was just enough time to submit the plans,meet the conditions and obtain a building permit. City Attomey Ansbro recommended deferring this item until the July 24`h City Commission meeting when a full Commission is present. Attorney Atkinson emphasized the fact that the permits will expire in two days. Commissioner Castro noted that somebody from the dais invited the lawsuit. She recommended granting a 90-day extension to allow the applicant to come back and show the Commission that something has been done. Commissioner Bertino withdrew his motion. Commissioner Castro motioned to approve Resolution #2007-117 with a 90-day extension of the previous approvals,subject to the applicant submitting complete plans in compliance with the 27 conditions previously listed and subject to review by staff to determine if the building can be accommodated on the site; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 10. Commission Comments 10.1 Commissioner Bertino Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. RESOLUTION NO.2007-117 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM , ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING HOLLYWOOD INVESTMENTS GROUP, I, LLC., FOR AN EXTENSION RELATING TO THE APPROVALS OF VARIANCE VA-03-06 GRANTED BY RESOLUTION 2006-105; SPECIAL EXCEPTION USE SE-03-06 GRANTED BY RESOLUTION 2006-106; VACATION VC-03- 06 GR ANTED BY RESOLUTION 2006-112;AND SITE PLAN REQUEST SP- 03-06 GRANTED BY RESOLUTION 2006-107,FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENT, FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE 1sr COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 27, 2006, the City Commission approved the following request for variances: 1) Variance request to allow a 140 foot high (ceiling of highest floor) mixed-use residential/commercial building (maximum height in C-2 is 40 feet), per Chapter 28, "Zoning",Article 4,"Schedule of Lot Yard and Bulk Regulations'; 2) Variance to allow tandem/stacked parking spaces for apartments (tandem parking otherwise prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; 3) Variance to allow tandem/stacked parking spaces for retail/restaurant (tandem parking otherwise prohibited), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; 4) Variance to waive pervious area requirement(Code requires 15% - 30%),per Chapter 28, "Zoning",Article 29, "Pervious and Impervious Requirements"; and 5) Variance to reduce required overall project parking by 26.3% (829 spaces required by parking code; 611 spaces provided on plan), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements'; for property owned by Hollywood Investments LLC., (the "Applicant"), pursuant to Resolution 2006-105, subject to conditions;and WHEREAS, on June 27, 2006, the City Commission approved a Special Exception request allocating 305 Local Activity Center ("LAC") dwelling units to construct a mixed-use residential/commercial development for the property, by Resolution 2006-106, subject to conditions;and WHEREAS, on June 27, 2006, the City Commission approved to the vacation of a portion of NE 10 Avenue generally located between the Pirates' Inn and the former Fish Grill properties, the fifteen (15) foot alley located on the former Fish Grill site and the one and one half(1 %) foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE I' Court, pursuant to Resolution No. 2006-112 and legally described in Exhibit "A" of that document, provided however, the vacation approval is not to become effective until the conditions listed in Resolution 2006-112,have been met to the satisfaction of the City Commission;and WHEREAS, on June 27, 2006, the City Commission approved the site plan request for the proposed construction of a mixed-use residential/commercial development with the assignment of up to 305 Local Activity Center units, pursuant to Resolution 2006-107, subject to conditions; and WHEREAS, Attorney David B. Manlcuta, on behalf of the property owner is requesting an extension of the approvals associated with the above described project relating to the variance request,special exception use,vacation, and site plan until June 27, 2008; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the requests to extend the expiration date of the approvals for the variance, special exception use,vacation and site plan are approved for 90 days (September 26, 2007), subject to the applicant submitting complete plans in compliance with the 27 conditions previously listed and subject to review by staff to determine if the building can be 2 RESOLUTION#2007-117 accommodated on the site. 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 June 26,2007. ATTEST: dZ�iu ti�LtX� L XJ 136b ANT N LOUISE STILSON, CMC MAYOR-CO SSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THO A' JJ SRO CITY ATTO Y 3 RESOLUTION#2007.117 Commissioner McElyea suggested the developers build a bridge between Dania Beach Boulevard and Bryan Road. Commissioner Castro pointed out that vacating the street would help protect the neighborhood, while residents would still have access to businesses and buildings. She further noted that there are 3,000 units designated for the flex area in downtown Dania Beach and traffic is going to get worse. The two proposed right turn lanes will help. Commissioner Castro commented she did not think this project would be the cause of our traffic growth. Commissioner Bettina, favored of the project, but we need to consider a major traffic solution in the City. He agreed with Commissioner McElyea's suggestion. Benjamin Wohl thought by vacating the roadway, people would be circulating in a residential street instead of a commercial street, and suggested traffic go through the building, rather than the City giving up access way. Mayor Flury agreed with Commissioner Castro that the traffic problem would be created by the Casino, not this building. She thought if this project moved forward, we would have the opportunity to find a better solution to the traffic issue. Rebecca Trinkler felt that if this building provided housing for people coming to the Casino, the Commission should assume that all the parking spaces would be utilized. Commissioner Castro motioned to adopt Resolution #2006-112, with staff conditions in Exhibit "A" and the two conditions requested by the Planning and Zoning Board; seconded by Mayor Flury, who passed the gavel to Vice-Mayor Anton. Commissioner Bertino asked if the developers would consider building a tunnel under the road. Attorney Miskel responded that if this were done, they would lose more parking and a more dramatic variance would be required. She also indicated that some business owners might not be aware that the Department of Transportation would be closing the median which would preclude left turning movement onto 1"Avenue. Commissioner Castro was against building a tunnel and thought it would create a safety issue. She further advised that a lot of businesses are in deplorable condition and this was a good offer to bring more customers to the downtown area, because residents are tired of our dilapidated old downtown and want to see it rejuvenated. Commissioner Castro felt this was a good starting project for the City to finally bring about what the residents of Dania Beach want. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. Mayor Flury suggested having a Workshop to discuss the traffic situation for the whole City, once the preliminary Budget Workshop is over. 9.4 RESOULTION#2006-105 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY CINDY MEYER REPRESENTING HOLLYWOOD INVESTMENTS GROUP, LLC., FROM CHAPTER 28, `ZONING", FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE IsT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Bertino motioned to adopt Variance#1 on Resolution #2006-105, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Commissioner Castro motioned to adopt Variances #2 and #3 on Resolution #2006-105, with Staff conditions in Exhibit"A" and subject to this approval being non-transferable to any other property owner; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Commissioner Castro motioned to adopt Variance #4 on Resolution #2006-105, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Vice-Mayor Anton was not in favor of a variance request to reduce parking by 26.3% and thought it would be detrimental to the people living in the area. Mayor Flury thought it was for the City Commission to find a solution to the parking problem in the City and suggested including an item on the next Regular CRA Board Meeting to discuss how to solve this issue. Commissioner Bertino would like two additional stories of parking added to the project. Minutes of Regular Meeting 70 Dania Beach City Commission Tuesday,June 27,2006-7:00 p.m. Attorney Miskel commented adding two stories of parking would not be feasible, but they had suggested using the automated system. Director Leeds confirmed for Vice-Mayor Anton that the City Code is comparable with other cities with regards to parking and noted that the difficulty in this case was limitations on the sharing parking among retail, restaurant and residents. Both Attorney Miskel and the Architect for the project, confirmed for Commissioner Castro that the applicant would be agreeable to use the above option. Commissioner Bertino motioned to adopt Variance #5 on Resolution #2006-105, with the condition that it should have at least 700 parking spaces. The motion failed for lack of a second. Commissioner Castro motioned to adopt Variance #5 on Resolution #2006-105, to reduce required overall project parking by 26.3%. The motion failed for lack of a second. Commissioner Castro motioned to adopt Variance #5 on Resolution #2006-105, to reduce required overall parking by 22%, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; seconded by Vice-Mayor Anton. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.5 RESOLUTION#2006-106 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING A REQUEST SUBMITTED BY CINDY MEYER REPRESENTING HOLLYWOOD INVESTMENTS GROUP, LLC., FOR A SPECIAL EXCEPTION TO ALLOCATE 305 LOCAL ACTIVITY CENTER ("LAC'J DWELLING UNITS TO CONSTRUCT A MIXED USE RESIDENTIAUCOMMERCIAL DEVELOPMENT FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE Or COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2006-106, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.6 RESOLUTION#2006-107 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED FOR THE CASA BENI PROJECT BY HOLLYWOOD INVESTMENTS GROUP,LLC, Minutes of Regular Meeting 21 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE IIT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE, Director Leeds reminded the Commission that approval of the Site Plan request should include the conditions in Exhibit "A", any Fire Rescue recommendations and a Condo Disclosure relating to rentals. He clarified for the record, that in the past the City has restricted multi-family to condo only with no more than one rental per year. Director Leeds asked the Commission if they would like to make a decision on the park impact fees. City Attorney Ansbro recommended revisiting this issue another time. Mayor Flury advised that the design of the building does not reflect the type of modem-classic style discussed in the past. She added an additional condition that the final building design and color scheme come back to the Commission for final approval. Vice-Mayor Anton motioned to adopt Resolution #2006-107, with Staff conditions in Exhibit "A", the final building design and color scheme to be submitted to the City Commission for final approval, condo documents to be consistent with what has been done in the past, and approval being non-transferable to any other property owner; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Commissioner Bertino commented he had no problem with the hydraulic system, but would like the City to make sure they are workable. Director Leeds noted that the City has the right to cite them if the system is not working properly. 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino wished everyone a Happy 4`h of July. 10.2 Commissioner Castro Commissioner Castro praised the City Commission for what they accomplished tonight and thanked her colleagues for going forward with this project. She wished everyone a Happy 41h of July. Minutes of Regular Meeting ?? Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. 10.3 Commissioner McElyea Commissioner McElyea commented there was a lady who complained about trash on NW 9`h Street and 14`h Avenue. Vice-Mayor Anton thought Code Enforcement had taken care of the boat issue at that address. Laurence Leeds, Director of Community Development advised that people had been cited about the boat and they should appear before the Special Magistrate at the July meeting. He further indicated that he talked to Ms. Winslow about the trash issue and advised her that currently there is no provision in the Code and it would need to be changed. Mayor Flury suggested this family should be contacted to try to help them out with the trash situation. Director Leeds will ask a police officer to contact Ms. Winslow. Commissioner McElyea would like Code Enforcement to pick up the many signs scattered around the City. Mayor Flury agreed with Commissioner McElyea and thought these signs make the City look bad. Laurence Leeds, Director of Community Development, indicated these signs are mainly along US 1 and Griffin Road, and he will make sure that Code Enforcement takes care of the situation. 10.4 Vice-Mayor Anton Vice-Mayor Anton reminded everyone that, although there have not been any recent activities on the airport issue, the County is still moving forward with their plans. He further commented that the County is facing some problems involving parking structures. Vice-Mayor Anton encouraged everyone to show their support to their County Commissioners. Vice-Mayor Anton asked City Attorney Ansbro for an update on the parking issues for the northwest and southwest areas. He would like to have some information prior to the next CRA meeting. City Attorney Ansbro advised that Attorney Tim Ryan is compiling the necessary information for properties owned by the City in the downtown area, for submission to the Commission. Vice-Mayor Anton advised that the County Commission discussed affordable housing at their meeting. He asked City Manager Palo and Community Development Director Leeds, to develop a plan and place it on a future agenda. Minutes of Regular Meeting 23 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. r RESOLUTION NO. 2006-105 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING �• THE VARIANCE REQUEST SUBMITTED BY CINDY MEYER REPRESENTING HOLLYWOOD INVESTMENTS GROUP, LLC., FROM CHAPTER 28,"ZONING",FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE 1 sT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 4, "Schedule of Lot, Yard and Bulk Regulations" prescribes the height regulations in the C-2 (Commercial) zoning district; and WHEREAS,the Dania Beach Code of Ordinances,Chapter 28,"Zoning",Article 6.21,"Off-. Street Parking Requirements" prescribes the off street parking requirements for residential and commercial uses within the City of Dania Beach; and WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 29, prescribes the pervious and impervious requirements for residential and commercial uses within the City of Dania Beach; and WHEREAS,Cindy Meyer,representing Hollywood Investment Group,LLC.has applied for a variance(VA-03-06) for the following: 1) Variance request to allow a 140 foot high (ceiling of highest floor) mixed-use residential/commercial building (maximum height in C-2 is 40 feet), per Chapter 28, "Zoning", Article 4, "Schedule of Lot Yard and Bulk Regulations"; 2) Variance to allow tandem/stacked parking spaces for apartments (tandem parking prohibited),per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements'; 3) Variance to allow tandem/stacked parking spaces for retail/restaurant (tandem parking prohibited),per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements"; 4) Variance to waive pervious area requirement (Code requires 15% - 30%), per Chapter 28, "Zoning",Article 29, "Pervious and Impervious Requirements'; and 5) Variance to reduce required overall project parking by 26.3% (829 spaces required by parking code; 611 spaces provided on plan), per Chapter 28, "Zoning", Article 6.21, "Off Street Parking Requirements". forproperty generally located on the north side of Dania Beach Boulevard between US I andNE 1 st Court, Dania Beach; and WHEREAS, the Planning & Zoning Board on May 17, 2006, recommended that the City Commission grant variance request VA-03-06 based upon the criteria set forth in section 10.13 of Article 10, of Chapter 28, "Zoning", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That that certain application (VA-03-06), for a variance as described above (from requirements in Chapter 28, "Zoning", Article 4, "Schedule of Lot, Yard and Bulk Regulations", Article 6.21, "Off-Street Parking Requirements", and Article 29, "Pervious and Impervious Requirements'),a copy of which is attached as Exhibit"A"is approved, subject to the applicant addressing and resolving the following conditions prior to issuance of any building or infrastructure permits. This provision shall not apply to permits/approvals required to construct a temporary sales office: 1) Approval for Variance#5, subject to providing 40 additional parking spaces above that shown on the approved plan. 2) Compliance with Fire-Rescue requirements,including but not limited to,emergency vehicle access requirements. 3) Apartment 2E(second level) located in the northwest corner of building is located only 14 feet from the existing two story building to the north. Provide window treatment of this unit to evaluate adequacy of setback. 4) Final building elevation color renderings to be approved by the City Commission prior to issuance of any building permits. 5) Identify laundry facilities within units. 6) This variance approval is non-transferable to any other owner. 7) Revise plan to allow determination of in-bound vehicle stacking and interior valet stacking. City traffic Consultant to review revised plan and determine if there is adequate vehicle stacking, safe interior traffic flow,and sufficient loading areasprior to issuance of any building permits. 2 RESOLUTION#2006-105 8) Provide measurement from column to entrance of parking spaces; Code requires 3 feet setback from entrance. Sheet A1.01 appears to provide less than 3 feet at 3 columns. Revise plans in accordance with parking code. 9) Florida Department of Transportation (FDOT) approval of roadway improvement plans prior to issuance of any building or infrastructure permits. 10) Location of curbs shall be approved by FDOT on Dania Beach Boulevard and US 1, to ensure that public sidewalk is provided. 11) Clock tower location subject to confirmation of compliance with ADA and maintenancelliability. 12) Provide a sidewalk detail showing location of trees/landscaping/fumiture. 13) Public sidewalk detail (including materials, location,width,proximity to trees, tree grates,and travel lane)to be designated on the plans and dete rmined to com ply with ADA (Building),maintenancediability(Legal), and planning concerns. 14) Dimension of private sidewalk and arcade shown on Sheet A1.00 as 20' 3";same is shown on Sheet A1.01 as 19' 3". Revise plan to eliminate inconsistency. 15) Valet Parking to be provided on a 7 day/24 hour basis. 16) Show location of public lighting on site plan and landscape plan in RED. 17) Identify location and dimension of sign band on building elevations with store fronts. 18) Identification of dumpsters,garbage room and garbage truck access on floor plan and determined by staff to provide sufficient capacity and accessibility. 19) Provide letter from a private trash collection company identifying the number and size of dumpsters. Sufficient facilities shall be provided to accommodate 305 units, 10,000 sq. ft. retail and 10,000 sq. ft. restaurants, no more than twice per week. 20) Note on plan: "glass materials shall be impact resistant glass". 21) When measured, the narrowest vertical dimension of the garage is less than 6 feet. Minimum should be 7' 2"(above the first floor)to accommodate passenger vehicles. Revise plan accordingly. 22) Revised plan shall comply with Consultant Tamara Peacock requirements. 23) Applicant to restrict use of residential units to condominium; including aprohibition on pre-sale rentals. 3 RESOLUTION#2006-105 24 Condominium documents to be approved ( pp d by City Attorneyprior to issuance of any y building permits) to reflect condition No. 23 above, and further restrict individual unit-owner rentals to no more than one rental per year. 25) Condominium documents to disclose to purchasers that "guest parking is not provided and limited valet guest parking is available on a first-come,first-serve basis in the retail parking area". 26) Condominium documents to disclose to two-bedroom apartment purchasers that two reserved parking are provided in a tandem (one car parked behind the other) arrangement. 27) The requested vacation of NE 1" Avenue shall not be approved until (a) the fee simple property owner dedicates permanent easements plan for electrical, telecommunication, water, wastewater, gas, cable TV and other pipe lines (b) the developer has complied with all the requirements for issuance of a building permit for the principal building and (c) said conditions to be reflected in a development agreement approved by the city attorney and City Commission. Section 2. ' That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 27, 2006. PATRICIA FLURY A f EST: , MAYOR-COMMISSIONER LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS 4 RESOLUTION#2005-105 BY: THOMASI. ANSBRb CITY ATTORNEY 5 RESOLUTION#2006-105 RESOLUTION NO. 2006-106 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING A REQUEST SUBMITTED BY CINDY MEYER REPRESENTING HOLLYWOOD INVESTMENTS GROUP,LLC.,FOR A SPECIAL EXCEPTION TOALLOCATE 305 LOCAL ACTIVITY CENTER("LAC')DWELLING UNITS TO CONSTRUCT A MIXED USE RESIDENTIAL/COMMERCIAL DEVELOPMENT FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE 1ST COURT,DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Zoning Code provides that mixed-use residential/commercial developments are allowed as a Special Exception Use in C-2 zoning districts with the allocation of reserve or flex units; and WHEREAS, Cindy Meyer on behalf of Hollywood Investment Group LLC.,has applied for a Special Exception request to allocate 305 Local Activity("LAC') dwelling units to construct a mixed-use residential/commercial development generally located on the north side of Dania Beach Boulevard between US 1 and NE I" Court, Dania Beach, which is located within the Community Redevelopment Area and the C-2 (Commercial) zoning district; and WHEREAS, the Planning & Zoning Board on May 17, 2006, recommended that the City Commission grant the Special Exception request, based upon the criteria set forth in Chapter 28, "Zoning",Article 6, "Supplementary Use Regulations", Section 6.40, "Special Exception Uses",of the Code of Ordinances of the City of Dania Beach. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That certain application SE-03-06, for a Special Exception Use to construct a mixed-use residential/commercial development for property generally located on the north side of Dania Beach Boulevard between US 1 and NE I"Court, Dania Beach, which is located within the Community Redevelopment Area and the C-2 (Commercial) zoning district (a copy of which application is attached and made a part of this Resolution as Exhibit"A'),is approved,subject to the applicant addressing and resolving the following conditions prior to issuance of any building or infrastructure permits. This provision shall not apply to permits/appmvals required to construct a temporary sales office: 1) Approval for Variance#5, subject to providing 40 additional parking spaces above that shown on the approved plan. 2) Compliance with Fire-Rescue requirements,including but not limited to,emergency vehicle access requirements. 3) Apartment 2E (second level) located in the northwest corner of building is located only 14 feet from the existing two story building to the north. Provide window treatment of this unit to evaluate adequacy of setback. 4) Final building elevation color renderings to be approved by the City Commission prior to issuance of any building permits. 5) Identify laundry facilities within units. 6) This variance approval is non-transferable to any other owner. 7) Revise plan to allow determination of in-bound vehicle stacking and interior valet stacking. City traffic Consultant to review revised plan and determine if there is adequate vehicle stacking,safe interior traffic flow, and sufficient loading areas prior to issuance of any building permits. 8) Provide measurement from column to entrance of parking spaces; Code requires 3 feet setback from entrance. Sheet A1.01 appears to provide less than 3 feet at 3 columns. Revise plans in accordance with parking code. 9) Florida Department of Transportation (FDOT) approval of roadway improvement plans prior to issuance of any building or infrastructure permits. 10) Location of curbs shall be approved by FDOT on Dania Beach Boulevard and US 1, to ensure that public sidewalk is provided. 11) Clock tower location subject to confirmation of compliance with ADA and maintenance/li ability. 12) Provide a sidewalk detail showing location of trees/landscaping/fumiture. RESOLUTION#2006-106 13) Public sidewalk detail (including materials, location,width,proximity to trees, tree grates, and travel lane)to be designated on the plans and determined to comply with ADA(Building),maintenancelliability(Legal), and planning concerns. 14) Dimension of private sidewalk and arcade shown on Sheet A1.00 as 20'3';same is shown on Sheet A1.01 as 19' 3". Revise plan to eliminate inconsistency. 15) Valet Parking to be provided on a 7 day/24 hour basis. 16) Show location of public lighting on site plan and landscape plan in RED. 17) Identify location and dimension of sign band on building elevations with storefronts. 18) Identification of dumpsters, garbage room and garbage truck access on floor plan and determined by staff to provide sufficient capacity and accessibility. 19) Provide letter from a private trash collection company identifying the number and size of dumpsters. Sufficient facilities shall be provided to accommodate 305 units, 10,000 sq. ft. retail and 10,000 sq. ft. restaurants,no more than twice per week. 20) Note on plan: "glass materials shall be impact resistant glass". 21) When measured, the narrowest vertical dimension of the garage is less than 6 feet. Minimum should be 7'2"(above the first floor)to accommodate passenger vehicles. Revise plan accordingly. 22) Revised plan shall comply with Consultant Tamara Peacock requirements. 23) Applicant to restrict use of residential units to condominium;including a prohibition on pre-sale rentals. 24) Condominium documents(to be approved by City Attorney prior to issuance of any building permits) to reflect condition No. 23 above, and further restrict individual unit-owner rentals to no more than one rental per year. 25) Condominium documents to disclose to purchasers that "guest parking is not provided and limited valet guest parking is available on a first-come, first-serve basis in the retail parking area". 26) Condominium documents to disclose to two-bedroom apartment purchasers that two reserved parking are provided in a tandem (one car parked behind the other) arrangement. I RESOLUTION #2006-106 27) The requested vacation of NE 1" Avenue shall not be approved until (a) the fee simple property owner dedicates permanent easements plan for electrical, telecommunication, water, wastewater, gas, cable TV and other pipe lines(b) the developer has complied with all the requirements for issuance of a building permit for the principal building and (c) said conditions to be reflected in a development agreement approved by the city attorney and City Commission. Section 2. Allocation of the Local Activity("LAC')dwelling units shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 27, 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: C%1 LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO A CORRECTNESS BY: , THOMAS 1. ANS 0 CITY ATTORNEY RESOLUTION#2006-106 RESOLUTION NO. 2006-107 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING (, THE PROPOSED SITE PLAN REQUEST SUBMITTED FOR THE CASA BENI PROJECT BY HOLLYWOOD INVESTMENTS GROUP,LLC,FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE lsT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Section 8.4 of Article I of Chapter 8 of the Code of Ordinances of the City of Dania Beach,Florida, states that a site plan is required as a condition to the issuance of a building permit; and WHEREAS,Cindy Meyer on behalf of Hollywood Investments Group, LLC., has applied for site plan approval with the assignment of up to 305 Local Activity Center units to construct a mixed-use residential/commercial development, for property generally located on the north side of. Dania Beach Boulevard between US 1 and NE I't Court, Dania Beach; and WHEREAS, the Planning & Zoning Board on May 17, 2006, recommended that the City Commission grant the site plan request(SP-03-06),based upon the criteria set forth in Section 8.4 of Article 1 of Chapter 8 of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application(SP-03-06)for site plan approval,a copy of which is attached and made a part of this Resolution as Exhibit"A", is approved, subject to the applicant addressing and resolving the following conditions prior to issuance of any building or infrastructure permits. This provision shall not apply to permits/approvals required to construct a temporary sales office: 1) Approval for Variance #5, subject to providing 40 additional parking spaces above that shown on the approved plan. 2) Compliance with Fire-Rescue requirements,including but not limited to,emergency vehicle access requirements. �. 3) Apartment 2E (second level) located in the northwest comer of building is located only 14 feet from the existing two story building to the north. Provide window treatment of this unit to evaluate adequacy of setback. 4) Final building elevation color renderings to be approved by the City Commission prior to issuance of any building permits. 5) Identify laundry facilities within units. 6) This variance approval is non-transferable to any other owner. 7) Revise plan to allow determination of in-bound vehicle stacking and interior valet stacking. City traffic Consultant to review revised plan and determine if there is adequate vehicle stacking,safe interior traffic flow,and sufficient loading areas prior to issuance of any building permits. 8) Provide measurement from column to entrance of parking spaces; Code requires 3 feet setback from entrance. Sheet A1.01 appears to provide less than 3 feet at 3 columns. Revise plans in accordance with parking code. 9) Florida Department of Transportation (FDOT) approval of roadway improvement ent plans prior to issuance of any building or infrastructure permits. 10) Location of curbs shall be approved by FDOT on Dania Beach Boulevard and US 1, to ensure that public sidewalk is provided. 11) Clock tower location subject to confirmation of compliance with ADA and maintenance/liability. 12) Provide a sidewalk detail showing location of trees/landscaping/furniture. 13) Public sidewalk detail (including materials, location, width,proximity to trees, tree grates,and travel lane)to be designated on the plans and determined to comply with ADA(Building), maintenance/liability(Legal), and planning concerns. 14) Dimension of private sidewalk and arcade shown on Sheet A1.00 as 20' 3'; same is shown on Sheet Al.01 as 19' 3". Revise plan to eliminate inconsistency. 15) Valet Parking to be provided on a 7 day/24 hour basis. 16) Show location of public lighting on site plan and landscape plan in RED. 2 RESOLUTION#2006-107 17) Identify location and dimension of sign band on building elevations with storefronts. 18) Identification of dumpsters,garbage room and garbage truck access on floor plan and determined by staff to provide sufficient capacity and accessibility. 19) Provide letter from a private trash collection company identifying the number and size of dumpsters. Sufficient facilities shall be provided to accommodate 305 units, 10,000 sq. ft. retail and 10,000 sq. ft. restaurants, no more than twice per week. 20 Note o : "n plan: lass materials shall be impact resistant glass". P g P g 21) When measured, the narrowest vertical dimension of the garage is less than 6 feet. Minimum should be 7'2"(above the fast floor)to accommodate passenger vehicles. Revise plan accordingly. 22) Revised plan shall comply with Consultant Tamara Peacock requirements. 23) Applicant to restrict use of residential units to condominium;including aprohibition on pre-sale rentals. 24) Condominium documents(to be approved by City Attorney prior to issuance of any building permits) to reflect condition No. 23 above, and further restrict individual unit-owner rentals to no more than one rental per year. 25) Condominium documents to disclose to purchasers that "guest parking is not provided and limited valet guest parking is available on a first-come, first-serve basis in the retail parking area". 26) Condominium documents to disclose to two-bedroom apartment purchasers that two reserved parking are provided in a tandem (one car parked behind the other) arrangement. 27) The requested vacation of NE I" Avenue shall not be approved until (a) the fee simple property owner dedicates permanent easements plan for electrical, telecommunication, water, wastewater, gas, cable TV and other pipe lines (b) the developer has complied with all the requirements for issuance of a building permit for the principal building and (c) said conditions to be reflected in a development agreement approved by the city attorney and City Commission. 3 RESOLUTION#2006-107 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 i of Chapter 8,of the Code of Ordinances of the City of Dania Beach,all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED on June 27, 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: be') LOUISE STILSON, CMC CITY CLERK APPROVED AS TOAFRM CORRECTNESS BY: TH MAS . A S CITY ATTORNEY 4 RESOLUTION#2006-107 RESOLUTION NO. 2006-112 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA, APPROVING THE VACATION REQUEST (VC-03-06) BY EDWARD P. PLOSK1, AICP, CRAVEN THOMPSON & ASSOCIATES, REPRESEN TING HOLLYWOOD INVESTMENT GROUP, LLC TO VACATE AND CLOSE A PORTION OF NE 1 AVENUE GENERALLY LOCATED BETWEEN THE PIRATES'INN AND THE FORMER FISH GRILL PROPERTIES, ADDITIONALLY, TO VACATE A FIFTEEN(15)FOOT ALLEY LOCATED ON THE FORMER FISH GRILL SITE; AND TO VACATE A ONE AND ONE HALF (1 %:) FOOT WIDE UTILITY EASEMENT FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE lsT COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,Section 3,Article 3,Part IX, as amended, of the Charter of the City of Dania Beach,sets the procedure for vacating and abandoning streets,alleys,and utility easements or other property dedicated to the public use; and WHEREAS, Edward P. Ploski, AICP with Craven Thompson and Associates, Inc., representing Hollywood Investment Group,LLC,dulypetitioned the City Commission of the City of Dania Beach,Florida,to vacate and close a portion of NE I"Avenue generally located between the Pirates'Inn and the Former Fish Grill properties,to vacate a fifteen foot alley located on the former Fish Grill site and to vacate a one and one (1 %:) half foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE V"Court and legally described in Exhibit "A", a copy of which is attached to this resolution; and WHEREAS, the Planning & Zoning Board on May 17, 2006, recommended that the City Commission grant the vacation requests; and WHEREAS, after publication of notice as required by Section 3, Article 3, Part IX of the Charter of the City of Dania Beach, a public hearing was held before the City Commission at its regular meeting held on June 27, 2006; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, vacates, abandons, renounces and disclaims all of the right, title and interest of the City of Dania Beach in and to the portion of NE 1"Avenue generally located between the Pirates' Inn and the Former Fish Grill properties,the fifteen(15) foot alley located on the former Fish Grill site and the one and one half(1 %:) foot wide utility easement forproperty generally located on the north side of DaniaBeach Boulevard between US 1 and NE I"Court and,legally described in Exhibit"A",a copy of which is attached to this Resolution, provided however, they vacation requests shall not become effective until the applicant addresses and resolves the following conditions to the satisfaction of the City. This provision shall not apply to permits/approvals required to construct a temporary sales office: 1) Approval for Variance#5, subject to providing 40 additional parking spaces above that shown on the approved plan. 2) Compliance with Fire-Rescue requirements,including but not limited to,emergency vehicle access requirements. 3) Apartment 2E (second level) located in the northwest comer of building is located only 14 feet from the existing two story building to the north. Provide window treatment of this unit to evaluate adequacy of setback. 4) Final building elevation color renderings to be approved by the City Commission prior to issuance of any building permits. 5) Identify laundry facilities within units. 6) This variance approval is non-transferable to any other owner. 7) Revise plan to allow determination of in-bound vehicle stacking and interior valet stacking. City traffic Consultant to review revised plan and determine if there is adequate vehicle stacking,safe interior traffic flow,and sufficient loading areas prior to issuance of any building permits. 8) Provide measurement from column to entrance of parking spaces; Code requires 3 feet setback from entrance. Sheet A1.01 appears to provide less than 3 feet at 3 columns. Revise plans in accordance with parking code. 9) Florida Department of Transportation (FDOT) approval of roadway improvement plans prior to issuance of any building or infrastructure permits. 10) Location of curbs shall be approved by FDOT on Dania Beach Boulevard and US 1, to ensure that public sidewalk is provided. 11) Clock tower location subject to confirmation of compliance with ADA and maintenance/liability. 2 RESOLUTION#2006-112 12) Provide a sidewalk detail showing location of trees/landscaping/fumiture. 13) Public sidewalk detail(including materials, location, width,proximity to trees, tree grates,and travel lane)to be designated on the plans and determined to comply with ADA(Building), maintenanceAiability(Legal), and planning concerns. 14) Dimension of private sidewalk and arcade shown on Sheet A 1.00 as 20'3"; same is shown on Sheet A1.01 as 19' 3". Revise plan to eliminate inconsistency. 15) Valet Parking to be provided on a 7 day/24 hour basis. 16) Show location of public lighting on site plan and landscape plan in RED. 17) Identify location and dimension of sign band on building elevations with store fronts. 18) Identification of dumpsters,garbage room and garbage truck access on floor plan and determined by staff to provide sufficient capacity and accessibility. 19) Provide letter from a private trash collection company identifying the number and size of dumpsters. Sufficient facilities shall be provided to accommodate 305 units, 10,000 sq. ft. retail and 10,000 sq. ft, restaurants, no more than twice per week. 20) Note on plan: "glass materials shall be impact resistant glass". 21) When measured, the narrowest vertical dimension of the garage is less than 6 feet. Minimum should be 7' 2"(above the first floor)to accommodate passenger vehicles. Revise plan accordingly. 22) Revised plan shall comply with Consultant Tamara Peacock requirements. 23) Applicant to restrict use of residential units to condominium;including a prohibition on pre-sale rentals. 24) Condominium documents (to be approved by City Attorney prior to issuance of any building permits) to reflect condition No. 23 above, and further restrict individual unit-owner rentals to no more than one rental per year. 25) Condominium documents to disclose to purchasers that "guest parking is not provided and limited valet guest parking is available on a first-come,first-serve basis in the retail parking area". 26) Condominium documents to disclose to two-bedroom apartment purchasers that two reserved parking are provided in a tandem (one car parked behind the other) arrangement. 3 RESOLUTION#2006-1 l2 27) The requested vacation of NE I" Avenue shall not be approved until (a) the fee simple property owner dedicates permanent easements plan for electrical, telecommunication, water, wastewater, gas, cable TV and other pipe lines(b) the developer has complied with all the requirements for issuance of a buildingpermit for the principal building and (c) said conditions to be reflected in a development agreement approved by the city attorney and City Commission. Section 2. That the City Commission finds and determines that the procedure for the vacation and abandonment of the subject easement has been in strict conformity with the requirements of Section 3,Article 3,Part IX of the Charter of the City of Dania Beach. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on June 27, 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: (5�' ) LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO CORRECTNESS BY: N , THMAS J A14SEIAO CITY) ATTORNEY 4 RESOLUTION#2006-112 EXHIBIT"A" I LEGAL DESCRIPTIONS VACATION OF PUBLIC RIGHT-OF-WAY A PORTION OF NE 1ST AVENUE AS SHOWN ON THE "AMENDED PLAT OF BLOCK 2, ESKILSON ADDITION TO THE CITY OF DANIA BEACH", ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 7, PAGE 10 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 31,BLOCK 2 OF SAID PLAT; THENCE SOUTH 00'1 V 40" WEST ALONG THE WEST LINE OF SAID BLOCK 2 AND ALONG THE EAST RIGHT OF WAY LINE OF SAID NE 1ST AVENUE, A DISTANCE OF 212.00 FEET; THENCE SOUTH 90' 00' 00" WEST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 000 11'40"WEST ALONG THE CENTERLINE OF SAID NE 1ST AVENUE RIGHT OF WAY, A DISTANCE OF 30.38 FEET TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 11' 44' 18" WEST); THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 460.00 FEET,A CENTRAL ANGLE OF 4'38'45",AND AN ARC DISTANCE OF 37.30 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE TO THE NORTHWEST (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 07- 05' 34" WEST); THENCE NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE AND ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID NE 1ST AVENUE HAVING A RADIUS OF 19.20 FEET, A CENTRAL ANGLE OF 82- 42' 47" AND AN ARC DISTANCE OF 27.72 FEET; THENCE CONTINUE ALONG SAID WESTERLY RIGHT OF WAY LINE, NORTH 00- 11'40"EAST A DISTANCE OF 217.49 FEET; THENCE NORTH 90' 00'00"EAST A DISTANCE OF 20.00 FEET;THENCE NORTH 00' 11'40"EAST ALONG THE CENTERLINE OF SAID NE 1ST AVENUE RIGHT OF WAY, A DISTANCE OF 12.00 FEET; THENCE NORTH 90' 00' 00" EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; CONTAINING 8,943 SQUARE FEET MORE OR LESS. (Survey Attached Exhibit A- 1) VACATION OF PUBLIC RIGHT-OF-WAY(15 FOOT ALLEY) THAT CERTAIN 15 FOOT ALLEY LYING NORTH OF AND ADJACENT WITH LOTS I THROUGH 6, INCLUSIVE,BLOCK 1 AND LYING SOUTH OF AND ADJACENT WITH LOT 1,BLOCK 6 OF'BEACHWAY",ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8, PAGE 33 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORDA. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; CONTAINING 2,250 SQUARE FEET MORE OR LESS. (Survey Attached Exhibit A-2) 5 RESOLUTION#2006-112 VACATION OF 1.5' UTILITY EASEMENT THAT CERTAIN UTILITY EASEMENT RECORDED IN OFFICIAL RECORDS BOOK 3230 AT PAGE 295 OF THE PUBLIC RECORDS OF BROWARD COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 1.50 FEET OF LOT 16,BLOCK 12,"TOWN OF MODELO",ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK"B", PAGE 48 OF THE PUBLIC RECORDS OF MIAMIIDADE COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. 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FL OR P ONE D IA BEACH CONDOMIN 1 DANIA BEA ULEVAR $ F +m DANL4 BEACH,FLORIDA m '> tt O rt ti Z ❑ ❑ ci ---------- oA ® ❑ ❑ IICT —'------ , ® - E ! a om A ;A : m i : > °aC va i e z ri2 • rl ® � I � I 11 j i� Y ❑ I >m xAm g s i c m 48 =m ❑ ❑ ❑ ❑ ® ❑ ❑ �1 ❑ ❑ — O F o FS9 ya 8a I fi I i i 4t< zyz i Psm I m n D � t : ❑ ❑ n F y _ i� oA knz y D m- - e : w; ❑: e I i 6z � � ❑ o I r ❑ ❑ r d SHE ILE w _.r Pa01 I T E '-1' IN Y6 Ki UNrf FL R P ONE D IA BEACH CONDOMINI Ao qq My- 0 - DANIA BEA ULEVA o - DANIA BEACH,FLORIDA As�m yw SaE5R+sm a� ® CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 10-28-2008 Public Hearing ❑X Adopt Resolution ❑X Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid 1RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2008-205 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE VARIANCE REQUEST SUBMITTED BY SHMAYA WAKS,FOR PROPERTY OWNER ARIEL EDELSBURG OF N&D HOLDINGS,INC.FOR PROPERTY LOCATED AT 3325 GRIFFIN ROAD,IN THE CITY OF DANIA BEACH,FLORIDA;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VA47-08: Variance request by applicant Shmaya Waks, for property owner Ariel Edelsburg, N & D Holdings, Inc. to allow off-site parking to be placed on the south half of the lot zoned Commercial (C-2) located at 3333 Griffin Road. 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 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-205 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY SHMAYA WAKS, FOR PROPERTY OWNER ARIEL EDELSBURG OF N & D HOLDINGS, INC. FOR PROPERTY LOCATED AT 3325 GRIFFIN ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Code of Ordinances,Chapter 28,"Zoning",Section 6.21(k), prescribes the off street parking requirements in the City of Dania Beach; and WHEREAS,the Dania Beach Code of Ordinances,Article V of the Zoning Appendix("Off- Street Parking")prescribes additional off street parking requirements for the City of Dania Beach; and WHEREAS, Shmaya Waks for property owner Ariel Edelsburg of N &D Holdings, Inc., has applied for variances (VA-47-08 and VA-48-08) for the following: 1) 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 spaces"only allows off-site parking upon the grant of a variance and if the eleven criteria in Sections 6.21(k)and 10.13(a)-(f)are met;6.21(k)(3)does not allow off-site parking to be located within one hundred fifty(150) feet of a single- family residential zoning district). 2) VA-48-08—To allow the use of an unpaved, gravel parking area in the commercial lot directly west of 3325 Griffin Road, Dania Beach (The Dania Beach Code of Ordinances, Article V of the Zoning Appendix ("Off Street Parking"), requires all parking areas to be hard surfaced), for property located at 3325 Griffin Road, in the City of Dania Beach; and WHEREAS,the Planning&Zoning Board on September 17,2008 ,recommended that the City Commission deny variance requests VA-47-08 and VA-48-08,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-47-08 and VA-48-08, for the variance described above from requirements in Chapter 28,"Zoning"and the"Zoning Appendix"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", 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 this day of , 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#2008-205 45 k� CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: October 28, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planner SUBJECT: VA-47-08: Variance request by applicant Shmaya Waks, for property owner Ariel Edelsburg, N & D Holdings, Inc. to allow off-site parking to be placed on the south half of the lot zoned Commercial (C-2) located at 3333 Griffin Road. VARIANCE 1. To allow off-site parking to be placed on adjacent C-2 zoned property; code required variance approval for off-site parking. 2. To allow off-site parking to be located 150 feet from single family zoning district. 3. To allow the use of an unpaved, gravel parking area; code required all parking areas to provide a hard surface. The subject property is located on Griffin Road immediately west of a shopping center where the synagogue is located. In the shopping center the applicant has a Business Tax License for retail sales only. Code Compliance officers have visited the site and found no retail products or sales occurring at this location. The applicant has indicated that a synagogue is currently being run from this location without a Business Tax License. The square footage of the synagogue is 1600s.f., thereby requiring 22 parking spaces. The same space used as retail would require 7 parking spaces; therefore the applicant must provide an additional 15 parking spaces to allow the synagogue use. The applicant is requesting approval for parking on the subject property which is located immediately west of the synagogue location. The following comments were made by the Planning Division: 1. Applicant to provide survey of property showing existing structures on site, including but not limited to concrete slab (previous location of house), existing billboard structure, trees high and low ground elevations. The proposed parking plan shows cars parking at the same location as the existing billboard sign and house foundation. Clarify (Planning Division & City Engineer). 2. Identify access to temple from parking area (City Engineer). 3. Must identify width of'Unsuitable for Parking' area so staff can determine number of cars that can fit on remaining property (Planning Division). 4. Must provide 24' back-out area for all vehicles. Provide dimension of back-out area for vehicles in the NW corner of property. No measurement was provided (Planning Division). 5. Provide distance from west property line to parking space. Measurement not provided (Planning Division). 6. Provide a 5 foot landscape buffer along the west and east property lines. Identify on plan (Planning Division). 7. Provide a 10 foot landscape buffer along the south property line with 1 tree every 40 linear feet and a row of hedges, per Chapter 26, Section 26-51. Identify on plan (Planning Division). 8. Applicant to provide parking attendant for holidays/events (Planning Division). 9. The owner shall enter into a written agreement with the City, with enforcement running to the city providing that the land comprising the off-site parking area shall never be disposed of except in conjunction with the sale of the building which the parking area serves so long as the facilities are required, per Chapter 28, Article 6.21(k) (4) (Planning Division). 10. The owner shall agree to bear the expense of recording the agreement in Broward County Public Records and must concur that the agreement shall bind any heirs, successors and assigns. The written agreement shall be terminated by the city if other off-street facilities are provided which meet the requirements of this chapter, per Chapter 28, Article 6.21(k) (5) (Planning Division). 11.Applicant must obtain business tax license for synagogue (Planning Division. PLANNING AND ZONING BOARD PREVIOUS ACTION On June 18, 2008, July 16, 2008 and August 20, 2008 the Planning and Zoning Board continued this item to allow the applicant time to provide a floor plan of the synagogue and a dimensioned parking plan. On September 17, 2008 the Planning and Zoning Board recommended denial of the request. STAFF RECOMMENDATION Planning Division recommends continuance to allow the applicant to address staff's comments. The Public Services Director leaves the decision at the discretion of the City Commission. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE REVIEW SITE.PLAN AND RETURN WITH COMMENTS IF ANY .- Route Date MZLog A•47-08,VA-48-08 Project Rabbi Shmaya Walks SEP 1 6 2008 Folio Parking Variance DLEASE Il��44FF aC�� _3 COMMUNITYIDEVELOPMEEW THE NT DIRECTOR S SVE DT Pl' tl I'AE T THE PLANNING T TO BE AND ZONINGTED IN S BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail iJ Pick Up L11 In-house ' Fire Marshal D1 Landscape ❑ BSO Public Services ❑ Planner ❑ Other Consultants CGA Approved as submitted Denied ❑ ��l}r^��l,.L . 1 Comments must address prior A ro=g, to PZ I Commission hearing �T i CoList Conditions ` (�Ep�vC,('o l,J 0\1kZ1a � c 17'Y COA4"155 r oN 722 AEC4 . .4 Su/vEy SDI-OLIL BE LNWE 5I1oL.1l" egLL. 5dleE4c-E don.Ib/i/01JS, a STRctGTll�2�S, jXPM5, poL�ES, 5I4NS' /-//4 1 A0 Z Lout eu�Y 04 ' ekJSJ dol,_7—20uh 5 „ ACGe5S To ro Signature ! Date [[-- Print Name u v Comments from Planning Division Parking plan submitted September 15, 2008. ➢ Must identify width of 'Unsuitable for Parking' area so staff can determine number of cars that can fit on remaining property (Planning Division).. ➢ Must provide 24' back-out area for all vehicles. Provide dimension of back-out area for vehicles in the NW corner of property. No measurement was provided (Planning Division). ➢ Provide distance from west property line to parking space. Measurement not provided (Planning Division). ➢ Provide a 5 foot landscape buffer along the west and east property lines (Planning Division). ➢ Provide a 10 foot landscape buffer along the south property line with 1 tree every 40 linear feet and a row of hedges, per Chapter 26, Section 26- 51 (Planning Division). ➢ Applicant to provide parking attendant for holidays/events (Planning Division). ➢ The owner shall enter into a written agreement with the City, with enforcement running to the city providing that the land comprising the off- site parking area shall never be disposed of except in conjunction with the sale of the building which the parking area serves so long as the facilities are required, per Chapter 28, Article 6.21(k) (4) (Planning Division). ➢ The owner shall agree to bear the expense of recording the agreement in Broward County Public Records and must concur that the agreement shall bind any heirs, successors and assigns. The written agreement shall be terminated by the city if other off-street facilities are provided which meet the requirements of this chapter, per Chapter 28, Article 6.21(k) (5) (Planning Division). ➢ Applicant must obtain business tax license for synagogue (Planning Division. U(,5GI IUCU d5. r'IRJ 1 P1LJ J11 IUIV I U l.rY11 Vl1L I?RU V CJ GJ-'Y 1 0 LU 1 10 V V 72 , 1'# V V 72, 16 W 112, 17 BLK 9 (#0230-03-0300): City of Dania Beach, Florida Department of Community Development Planning and zoning Division (954)924-6805 Phone www.daniabeachfl.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ land Use Amendment ❑ Plat n GG ❑ Plat Delegation Request Date Rec'd: ❑ Rezoning❑ l //�A —1 Site Plan Petition No.: Y - L !— 0 b ❑ Special Exception ❑ TrafFicway Waiver 5( Variance O Roadway Vacation ❑ Extended Flours ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL Sr IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation'cheddist to determine the supplemental documents required with each application, For after the fad applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always,the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the Cits Building Department Location Address: S aS (iztFFI ,%/ Rig 333 Grztrcr/ z'0 Lot(s); Bbcic: Subdivision: Recorded Plat Name: So 4a 30 - 03� Folio Number(s):0.130=03`0 3 0 O Legal Description: A�qf ns Address of Applicant: u o cU L"q Business Telephone: "732-Yza6 Home:: [95Y--89t-t0�3 Fax: nn I Name of Property Owner Address of Property owner: S lG � 3 iZ'1 � f l��r� � 333I� I Business TelephoneS-MHome`115V 6SS`j! 3 0 Fax: ¢ at!onofRei;des�:° TC v51F II LOT or- ;V C�c[rf/N 20 r5 P�-141 LaY For Plats please provide proposed Plat Name for Variarsces please attach Crrtena 5ratenenf as per Arvde 10.13 of Chapter 28,Zoning Coda. Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: E✓vP proposed Pruli�C- Is property owned individually, by a corporation, or a joint venture? I understand that site Dian and variance approval automatically expires within 12 months of City Commission approval, pursuant to ordinance No. 2DDS-040. �.� ^-✓"� Slot A'�� ''^'!k(' S DS �,Z2�2od`t A.ppliic4nt/owner signature Print Name Bate APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consuttant/Represwtative: This 9'?-day of Q t/ 202V Signature: � //�) Data: o� l i/ R1 Sign Name of N—ote Public (Print Name) State(/of 1,, ) ( hFrs717nC t�4t-iC cc"Y-ins 0 0 5 %✓ 3P I i A-Y K,4rD fa(- Print Name of Notary Street Address, City, State and Zip Code V Commission Expires: ©.d2-/ b' .,t2oo ! S No„y puB Im 9tete at Flom da Telephone No. &Fax No. rem - Christine Mariz Coates p< My Commi S DD397D66 ?� Expires 0211612009 INDIVIDUAL OWNER NOTARIZE© SIGNATURE. This is to certify that I am the fee simple oWmer of subject lands described above and that I have authorized (Applicant/consultanVRepresentadve) S.kfn A-`% t A&(e to make and file the aforesaid application. _ E S1avom to and subscribed before me Owner: A(1 e— S This,;?01_day of a�4 20pF� Signan� Date: S-��i - D `� Sign Name Q�O otary Pu is (Print Name) State of F 'otC� ( `Ar 5-b'wg i�G�rc �t �S 15-31 f�'(• 33 � 1� ! Print Name of Notary Street Address, City, State and Zip Code Commission Expires: ©� -1 6- a d()"-y S �S S� � �7 Seal: Telephone No. &Fax No. "�.Y PL, Notery Puhlic SLta nl Florida _ a° A` Cohn' Marie Coates . , ,� My Commission DD397D86 o rya`' Expires D211512D09 CpRpORATION NOTARIZE© SIGNATURE: This is to carii y that the below referenced corporation is the m4 nar of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant(ConsultanURepresentatve) Sk/h A e I to make and file the aforesaid application. Swom to and subscribed before me Corporation Name: This day of 2g�` Signature: Date: 5- AFf lC-t /J (Print Name) -f pre s, Sign Name of Nota Public (Print Title) Smote of('C71p, �" � �� U,J,c�s�r s �(c) -3 4in,-�t E h ,�'vC� , E/• �33E Print Name of Notary Street Address, City, State and /Zp Code Commission Expires: CLP-( 6—DL603 Seal: Telephone No. &Fax No. Notary Public Stata of Florida r°���i�; Ghrstina Mane Coatis ,"��C � My Commission DD397085 �°;p� Expires 021161YJ09 IOIIi•NT VENTURE/PARTNERSHIP NOTARIZED SIGMATUR.E: This is to ciatiry that the below referenced that the duly authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Swom to and subscribed before me This_day of ZD.— Signathre: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. **Each partner must sign. Attach duplicate sheets as required. 0 N I D HiJING INC, DNA BUILDERS o 5�11 b E R4�M,6RY M�aYE,R=4 'PDOIEs P54 I ��141'EA�Is�61�2lE1 APRIL 25s", 2006 To Whom It May Concern: THE LESSOR OF THE PROPERTY LOCATED AT 3325 GRIFFIN ROAD DANIA, FL. 33312 HAS GIVEN PERMISION TO THE LESSEE OF THE PREMISES TO HAVE FULL USE OF THE LOT LOCATED AT 3333 GRIFFIN ROAD FOR PARKING. C LESSOR: ARIEL EDELSBURG - ����' _3��S Gry1 fF1��L>_.�J✓��.��L�-fir'-``--- TA 42 6: S✓�C_' I�Y/.!/� - _r g✓ UC.✓�vL�..._. — .. �J6R __C S__ -- -c%�✓c1t--- - - - -� f�-c�i Broward County property Appraiser's Network tf you are looking to purchase this property,the tax amount �� If you 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 TeX C(�taf*17 Y IMPORTANT:� �' Estimator to determine a more likely estimate of your new amount ff you own a home in Florida,and want to see how much portability will save you,try our Portability Estirr .ator. Click here to display your 2007 Tax Bill. Site Address 3333 GRIFFIN ROAD, DANIA BEACH iD# 5D42 30 03 D3D0 Niiliage 0413 Property Owrrer EDELSBURG SUSANNE Use D1 Melting Address 401 ALAMANDADR HALLANDALE BEACH FL33009 _CANAL GROVES 23-41 BLOT 13 W112,14 W112,16 W112,17 BLK 9 j raj FIRST ADDITION TO Description Property Assessment Values Year [and Building Land Value AG Just Value Fax Current $173,010 $37,620 $210,630 ?007 $201,64D $40,750 $242,390 $5,364.13 20D6 $177,7B0 $37,520 L $215,3D0 $5,229.72 Exemptions Assessed/ SOH Value Type Wld/Vet/Dis 1st Homestead 2rtd Homestead Non-Exempt $210,630 $21 D,630 $242,390 20D7 Assessed/SOH Value $215,3D0 2DOS Assessed 1 SOH Value Sales History lcuEat arts Date Type Price Book PageRT Factor Type 12/14/2D07 QCD $1DD 45112 1D0147,720 SF 9/181199 6 QCD $100 25430981400 CA 5/1/1991 W $105,DDD 18673 94 4/1/1975 W $65,000 Aril. 131dg.S.F. (See Sketch) 1 1295 B/1I1972 W $39,0D0 Eft.Year Built 1956 Special Assessments Drainage Improvement Safe Fire Garbage Light 9 04 V DS R DS 1 1 Please Note:Assessed values shown are NOT certified vahijes and are subject to changa before filei certification for ad valorem tax purposes. littp:/ibcpa.net/Reclnfo.asp?URL—Folio=5042')003 03 00 5/29/2008 i iy 1 5 • 11 : Broward County Property Appraiser's Ne17WorK If you are looking to purchase this property,the tax amount shown may he ryive no relationship to the taxes you wiil pay. LMIf you are looking to purchase this property and are not using B portability to transfer any capped savings, please use our Tax w IMPORTAN Estimator to determine a more likely estimate of your new amount if you own a home in Florida,and want to see now much .. portability will save you,try our Portability Estimator. Click !sere to display your 21 Tax Bill. Site Address 3325 GRIFFIN ROAD , DAN 11 IA B 11 EACH I 11 11 11 11 ID# 5042 30 03 03D3 property Dwner N&D HOLDING INC M€iliage 0413 RRall1 'a Address 5310 W STATE ROAD 84 FORT LAUDERDALE FL 33314- Use 11 1240 ��R'�DFESS NTION �D LESS SCANAL 02D FOR LOT RD BLK 9 15 LESS N 70&LESS S 20 FOR Property Assessment Values Year land Building Land Value AG Just Value Tax Current $174,930 $379,660 $554,590 2007 $174,930 $361,580 $536,510 $12,769.87 26D5 $174,930 $314,420 $469,350 $12,400.21 Assessed) Exemptions SOH Value Type WidNeti'Dis 1st Homestead 2nd Homestead Non-Exempt $554.590 $554,590 $536,610 2007 Assessed/SOH Value $469,350 20D6 Assessed I SOH Value Sales History Land Calculations Date Type Price Book Page Price Factor Type 1/15/1996 WD` $3,757,200 27677 862 $1,15D 152.11 FF 11/1/1974 W $27,DD0 6035 684 7/l/1972 W $15.500 3/1/1972 W $16,5D0 Adj. Bkdg.S.F. (See Sketch) 5756 Eff.Year Built 1976 Denotes Multi-Parcel Sale(See Deed) Special Assessments Draina improvement Safe Fire Garbage Light ge DS 04 C DS 5 21.1 756 Please Nola:Assessed values shown are NOT carv'ned values and are subject to change before^.nal c,ni5catw for ad valorem tax purposes. http:/ibcpa.net/Rcch,fO.asp?URL—Folio=50423003O3O3 5/29l2008 1 j I � : 1 0-� .i �c � i vr� _" ftia• d .�C'C' �.. .l� r • .• • 11. htt " . •. • VA-47-08 NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH NOTICE IS HEREBY GIVEN that a public hearing will be held before the Dania Beach City Commission, on Tuesdav October 28, 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: Variance request by applicant Shmaya Waks, for property owner Ariel Edelsburg, N & D Holdings,Inc. for the following: 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 spaces" only allows off-site parking upon the grant of a variance and if the eleven criteria in Sections 6.21(k) and 10.13(a)-(f) are met, and 6.21(k)(3) does not allow off-site parking to be located within one hundred fifty (150) feet of a single-family residential zoning district.) Off-site parking is requested for the business known as "The Hollywood Jewish Learning Center, Inc.", located at 3325 Griffin Road,Dania Beach. VA-48-08 — To allow the use of an unpaved, gravel parking area in the commercial lot directly west of 3325 Griffin Road, Dania Beach. (The Dania Beach Code of Ordinances, Article V of the Zoning Appendix (Off-Street Parking), requires all parking areas to be hard surfaced.) Property is legally described as: First Addition to Canal Groves 23-41 B Lot 13 West 1/2, 14 West 1/2, 16 Westl/2, Lot 17 Block 9, property tax identification number 5042-30-03-0300. 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, October 17, 2008 See Reverse side of this notice for a location map of the site Location Map: 0 N Q SW4S Cr 1% R_1C s R-3 n C ti F 3 M o n �C-2 `� 3 Q N M aRlvgrE Ro N � M N LL Y0 N o sw arrR sr Q W Proposed site N rZ O -2 = J N GRIFFlN Z RD U � < O 7 C-2 � I y -- w RM C-3 o sWaerrt sr P PUBLIX SW 49TH ST ,i, Y O U W O E N Q m r N > r E ) r r r _ _ _ _ _ ` coD� Q N O N L O O T r N N N N N IT ' N L Q (n M O M L L M M ILA In lA tt'! (A LA t0 (A L L L 0 LO M Ql O 0) ca (n oco C6In LIAIAu� (ou? (Alnl? Ll? L? L? 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N LL U O m co O O O O O O rd ® o M M rn co V00 co co N S�31Mt1 0 0 .L U O U W N W N Q 2 Q v m U cn WOzzw01a1) LJ 0Y 'o� � pQ � � Wm0p p m � paOOwp� w QQ (Y _j 0 ca o z00 ¢ mmm -, a O L N U Cl) 0 0 LO W w O O O m O 0 O O r r N LO N N M LL 0 Lp (O L O O N N N N N N p 'E G M N N N N N N O O O 0 0 m m M m M M M m M M (O M N N N N N N N N N fp Up 0n (0n (0n U0 LO 0 (0n u0i ion v SunSentinel PUBLISHED DAILY FORT LAUDERDALE,BROWARD COUNTY,FLORIDA BOCA RATON,PALM BEACH COUNTY,FLORIDA MIAMI,MIAMI-DADE COUNTY,FLORIDA STATE OF FLORIDA COUNTY OF BROWARD/PALM BEACH/MIAMI-DADE BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED JEFFREY L.HIGGINS,WHO,ON OATH,SAYS THAT HE IS A DULY V - - AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED DEPARTMENT NOTICE of PUBLIC HEARING CITY OF DANIA BEACH OF THE SUN-SENTINEL,DAILY NEWSPAPER PUBLISHED IN be before HEREBY GIVEN thatCa_public hearing will BROWARD/PALM BEACH/MIAMI-DADE COUNTY,FLORIDA, y city commission,on THAT THE ATTACHED COPY OF ADVERTISEMENT,BEING A: ther�eahat October possible le in ate p.m:;or as soon possible m me.Dania Beach City Commission Room,Administrative Center,100 West NOTICE OF PUBLIC HEARING Dania Beach Blvd.,Dania Beach Florida 33004,far the purpose of hearing any comlitents which might be made to the foflowingg request pr IN THE MATTER OF: Variance request-ay applicant shemya"woks,for operty owner Ariel Edelsburg,N,R D Holdings,Inc. for the following: VA-47-G8-To allow off-site parking to be placed on VA-47.08 the south half of the lot zoned C-2 (Commercial) located at 3333 GriHln Road,Dania Beach,within a C-2(Commercial)zoning district.(chapter 28 Zoning, WAS PUBLISHED IN SAID NEWSPAPER IN THE ISSUES OF: section6.21(k)-Location of required parking spaces" only alms off-site parking upon the grand of a vanagce and if the eleven crheria In sections 62t(p 10/17/08 13632220 and 10.13(*ff)are met,and 621(k)(3)does notalluw oft-site parkatlg to be located within one hundred fifty (150)"feet of a single-family residential zordng AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER tlistrict) off-she parking Is reeqquested for me PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI-DADE COUNTY,FLORIDA, Mmt center, Inc.",known as eThe H3325 G rI Jewish Learning (Center, Ilocated at 3325 Griffin gpnd, Dania AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY �.eeach. ` PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI-DADE COUNTY,FLORIDA, VA-48-08-To allow the use of an-unpaved,gravel EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE parking area in the commercial ( her Gary west of 'Code of Ordinances, goad, Dania c Beach.the Dania Beach POST OFFICE IN FORT LAUDERDALE,IN SAID BROWARD COUNTY.FLORIDA, I�ofprtlW nines,require s all pa zoning to be �(oN-Street Parking),requires all parking areas to Fni FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF ,hard surfaced.) described SS:First Additbn to ATTACHED COPY OF ADVERTISEMENT:AND AFFIANT FURTHER SAYS THAT ICami 6r OVVes23qMrty is 41 legally Lm T3west 1/2,14111*9'V2,16 HE HAS NEITHER PAID,NOR PROMISED,ANY PERSON,FIRM.OR CORPORATION, we31112,Lot 17 Block 9,property tax Iderditketion number 5042-30-03-03p0. - ANY DISCOUNT,REBATE,COMMISSION,OR REFUND,FOR THE PURPOSE copies of ene-propused request are naubt f, OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID NEWSPAPER. iviewing Inthecommunhy Development Department, 100 west Dania Beach Blvd,;Deal&Beach, Florida .between the hours of 8:00 a.m. and e:00 p.m.;. Monday-Friday.please call(9s4)9244805.x3645 for more Information.Interested parties may appear at the Public hearing and be heard with respect to the r�1 proposed petition. Inaca"dence wfth the American vAth Disabilities Act:persons needing assistance to Participate in any. �j of these Proceedings should contact the City Clerk`s ¢SIGN E OF JE EY I-HIGG FFIANT) t ffi2e, 100 W. Dania Beach Blvd, Dama Beach, FL 33MSWORN TO AND SUBSCRIBED BEFORE ME tothe, eta 924-6800 x3623,at least as hours prig tplhe(9edllg. Any Person who decides.to appeal day,decision ON 17 OCTOBER 2008,A.D. m d bycity the Planning End witzoning Advi�enYy matter considered at a meetlrj or hearing wul needa record of the proceedings and for such purpose may-needto ensure that a verbatim record of the proceedings is made, which record includes the testimony and (SIGNATURE OF NOTARY PUBLIC) evidence upon which the appeal is to based. Lou Ann Cunningham Planning Associate NOTARY PUBISGSTATR OF FLORIDA tictObK I7,2000 * Noreen Rubin Commission#DD365661 Expires: OCr 24, 2008 Bonded Thru Atlantic Bonding Co.,Inc. (NAME OF NOTARY,TYPED,PRINTED,:OR STAMPED) PERSONALLY KNCWN(X)OR PRODUCED IDENTIFICATION ( ) �J i f i i I f i_ i Loi nl'" Lr-1�J� ��t.,,_Di�/s� 1-J il-tL cc�E +..mac ,vtr✓P � �r�F'_i4nr s r�.,rLT evwr�c:`" �^�.aZ�9 a,�n rjn✓� 3'cr^• ,� 5 (-ems :'�� iia � s1 5fr/.1cEi l/J iF (E ( f' IS nDDtilu � C •gip � _ r rl �=°S vc c��d+ <, � A ✓N r �✓�(1f LO(A f� vwY to /i1�f� IkC ^nIC�Nf' S r10Es JUN 2 5 2000 i s -" ai VA-VI-o$, V - a-off , m 2 , c m � \ ® 7 / bL f ƒ ? \ \ nk ƒ . /./ Q ! OK ` 2 3 �§ Cl) k L ZO � § _ §� - - - - - - - - - - - - - - - - ƒ ) a ƒ ° § ] � ± B = ( \ 2G ! � . 2 U�° � 0MG ) e 2 -J \ k § d � \ \ \ mq @O 23 . Ii 'R? r i I � �r -�'• l� lci I it r I Ij r r i 1 11 li t i r! r IL r I rq r' r i Till" Ax r .,.yam,--•��>ra. -•� � f rrrrrr1 . fn t�. •� �t) Cr . w a LL Ni I s i i CITY OF DANIA BEACH Agenda Item # • Agenda Request Database Date of Commission Meeting: 10-28-2008 Public Hearing ❑X Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance(2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2008-206 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY PROPERTY OWNER JORGE FALLAD,ORNAMENTAL DESIGNS,FOR PROPERTY LOCATED AT 102 NORTH FEDERAL HIGHWAY,DANIA BEACH;FROM CHAPTER 28,ZONING".ARTICLE 6.21"OFF-STREET PARKING";PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VA-59-08: The applicant, Jorge Fallad, is requesting a parking variance and site plan approval for a showroom/office for property located at 102 N. Federal Highway. Resolution Staff Report Application Public Hearing Notice Location Map Mailing List E�xhibk 1 Exhibit 2 Exhibk 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Attomev Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-206 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY PROPERTY OWNER JORGE FALLAD, ORNAMENTAL DESIGNS, FOR PROPERTY LOCATED AT 102 NORTH FEDERAL HIGHWAY, DANIA BEACH; FROM CHAPTER 28, "ZONING", ARTICLE 6.21 "OFF-STREET PARKING'; 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,property owner Jorge Fallad, Ornamental Designs,has applied for a variance (VA-59-08) to allow 7 parking spaces associated with a retail showroom/office use (Chapter 28, "Zoning", Article 21, "Downtown Transit Oriented Development (TOD) District' requires 10 parking spaces); property is located at 102 North Federal Highway, Dania Beach; and WHEREAS,the Planning&Zoning Board on October 15,2008,recommended that the City Commission grant variance request VA-59-08,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-59-06,for a variance as described above from requirements in Chapter 28,"Zoning",Article 21,"Downtown Transit Oriented Development(TOD) District', 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", is approved. 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 this day of , 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 #2008-206 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: October 28, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal Planners G>� SUBJECT: VA-59-08/SP-58-08: The applicant, Jorge Fallad, is requesting a parking variance and site plan approval for a showroom/office for property located at 102 N. Federal Highway. VARIANCE To allow 7 parking spaces for a retail showroom/office use; code requires 10. SITE PLAN Site plan review for the modification of existing buildings to allow a decorator retail showroom and office. PROPERTY INFORMATION ZONING: Transit Oriented Development (TOD) LAND USE DESIGNATION: Local Activity Center (LAC) OVER LAY DISTRICT: Community Redevelopment Area (CRA), Principal Arterial Commercial Design Standard Overlay District. On August 22, 2006 the City Commission approved the site plan and variance to provide 9 parking spaces on site. This site plan and variance approval expired on August 23, 2007. The applicant currently sells ornamental iron at 227 North Federal Highway. The applicant wishes to relocate his sales/display operation to the subject parcel, located at the northeast corner of US 1 and NE 15Y Street, formerly Garrison's Garage & UMT. The applicant proposes significant changes to the building elevation (see attached plan). With the exception of building color (red), the elevations are generally consistent with Principal Arterial Design ("PAD") Standards. VARIANCE Required parking is based on use. The project will provide 4,262 square feet of retail showroom area and 348 square feet of office space, which requires a total of 10 parking spaces under the TOD zoning designation. The applicant is providing 2 new parking spaces on the west side of the building and 5 parking spaces on the east. Therefore the applicant is requesting a variance for 3 parking spaces. The applicant's current business, albeit smaller, is seldom occupied by more than 3- 4 cars. SITE PLAN Five parking spaces are provided to the rear, adjacent to NE 15t Avenue, and two spaces are provided in the front, adjacent to Federal Highway. Vehicle access to the front yard is restricted to NE 1st Avenue; a pedestrian gate is shown on US 1. The owner intends to exhibit stone, wrought iron, aluminum, and wood work in the front yard. No specific examples are shown on the plan. Staff has advised the applicant that existing TOD zoning prohibits any fabrication or assembly work. In addition, outdoor storage is also prohibited at this location. The current business contains some decorative signage not permitted by Code. Final color choice, front yard exhibits and decorative signage at the discretion of the City Commission. In addition, the applicant is proposing to make improvements shown on the site plan in two phases: PHASE 1: The first phase will consist of all improvements to the buildings (interior and exterior), landscaping, parking and drainage on the east side of the building. PHASE 2: The second phase will include the landscaping, parking, drainage and fence on the west side of the property. When the original site plan was submitted in 2006 the city did not have a CRA Director. The site plan was this time routed to the CRA director for review. The following comments were provided: 1 . Change color of building to meet code, i.e pastel. 2. Provide additional information regarding courtyard display. 3. Maximum height of 'art' displayed outside should not exceed height of building, 16 feet. 4. Additional palm should be added to the planting beds on the west side of building. 5. Additional palm should be planted between the 2 oaks on the south elevation. 6. Provide additional architectural treatment to south elevation. 7. Provide awnings over windows on south side of building. 8. Add a faux window on south elevation, for a total of 4 windows. 9. Provide additional architectural treatment to east building elevation. 10.Consider installing solar lights, especially along the west fagade. PLANNING AND ZONING BOARD RECOMMENDATION On October 15, 2008 the Planning and Zoning Board recommended approval of the variance and site pl an with the conditions that the outdoor displays do not exceed the height of the building. PREVIOUS CITY COMMISSION ACTION On August 22, 2006 the City Commission approved the building color, yard exhibits, site plan and variance to provide 9 parking spaces on site, at that time 12 parking spaces were required. STAFF RECOMMENDATION VARIANCE At the discretion of the City Commission. SITE PLAN Approval of the site plan provided the variance is granted. rage 1 of t Loftier, Christine From: Earle, Jeremy Sent: Tuesday, October 14, 2D08 1:29 PM To: Lajoie, Corinne Cc: Lottier, Christine Subject: Ornamental Home Design Inc. Corinne, Below are my comments for Ornamental Home Design Located at 102 N Federal HWY, Dania Beach, FL 33004 1. 1 would like to see the color of the building changed from red to another lighter pastel as indicated by code. Architect should bring in a quick sketch of the new colors for approval. 2. 1 need more information regarding what exactly will be displayed in the courtyard. 3. Height limitation of'art" displayed outside should not exceed the current height of the building which is 16' 4. 1 am ok with the parking variance based on their actual needs. 5. Additional palms should be added to the planting beds on the west of the building. Possibly spaced between the oaks. 6. Another palm possibly a double Veitchia should be planted between the two oaks on the southern elevation 7. 1 can see from the plans that there does not appear to be any space on the south of the building for additional landscape; I would therefore ask the architect to give some thought to the architectural treatment of that facade in order to make it more interesting. There are currently three glass windows; I would recommend very nice awnings over the windows on the southern elevation. I would also recommend a fourth faux window (no glass)possibly just a border that is the same size as the other windows, this would also have an awning above it for a grand total of four awnings. I would ask that the architect also take another look at the treatment of the facades along the east elevation in order to make it more interesting as well. 8. 1 would like for the applicant to consider installing solar lights, especially along the west facade of the building. Please let me know if you have any questions. Regards, Jeremy Earle,ASIA, AICP Executive Director Dania Beach Community Redevelopment Agency 100. W. Dania Beach Blvd Dania Beach, Florida, 33004 954-924-6800 ext 3732 (P) 954-921-2604 (F) APlease WrIsider the environment before printing this snail 10/14/2008 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET V r._ $ITS PLAN AN©R 7S'1F Route Date B/20/2008 PZ Ldg SP•58.08,VA-59-08 t SEP 15 2008 Project Omamental Home Design FoBo 504234011710 �:•. 47 6 y P p{g � 504234011720 c-t,:s Y' / r Sser_ - 6 PLEASE REVIEW THE ABOVE REFERENCED PROJEaLEDE COMMENINCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up k In-house IJ Fire Marshal ❑ Landscape ❑ BSO ❑ Public Services ❑ Planner J Other Consultants &�CGA 0-2 Approved as submitted ❑ Denied ❑ LA �"`Z Commerts must address prior Approved wloonditions El to PZ/Commission hearing List Conditions r Da &�04OATIS O /14 C �-rM�TI x� L 1n�F e1��t 2Evi J , DxrT�D 4/t410 94h �� �x � **Signature Da a "�� Print Name - —— ——— X — ——————————————— ————— ——— —— - SEP 1 5 YOOE t Ancil Dee k � City of Dania Beach Ref.No.SP-63-08 DEVELOPMENT REVIEW COMMITTEE ENGINEERING REVIEW# 1 The following is a list of standard site plan requirements that are reviewed by the City of Dania Beach Public Services Department. This list is intended to give general guidelines only and is not to be considered all-inclusive. Depending upon the development additional items may be required. Site plan submittals without the following minimum criteria will be returned to the applicant without a complete review being performed thus resulting in additional delays to the site plan approval process until the information is provided. Project Information Project Name: Ornamental Home Design Project Address: 102 N Federal Highway Name of Owner: Jorge M. Fallad & Maria A. Velez Name of Applicant: Owners Applicant's Address: 227 N. Federal Hwy, Dania Beach, FL 33004 Contact Number: 954929-9982 Submittal Requirements ® A recent survey prepared by a Florida registered land surveyor, reflecting existing natural features, such as topography, vegetation, existing paving, existing structures, and waterbodies. Site information should contain legal description, including section, township, and range. Site boundaries shall be clearly identified, and ties-to-section corners. ® Stormwater Calculations and/or copy of previous permits from SFWMD or other agencies, if any. ❑ An application for final site plan approval which abuts a State Road shall be accompanied by a valid Pre-Application approval letter from the Florida Department of Transportation. ® Soils Report, Exfiltration Test Results ❑ Lift Station calculations. ® Utility agreement for water and sewer line extension, if applicable. Provide FIRM Elevation certification. Finished floor elevation shall be one foot above FIRM Elevation. Existing Site Conditions/Topographic Survey ❑ Provide a north arrow with reference and an engineering scale 1"=200' max ❑ Show all property boundaries with linear bearings and distances, curve boundary information and the building setbacks. ❑ Show all existing property lines, which are to be removed and label them appropriately. ❑ Show all adjacent parcels with the graphical angle of departure of adjacent property lines. ❑ Show all building and structures and label current use/facility name and finished floor elevation. ❑ Show all pavement, parking, and driveway access points on the property. ❑ Show all walkways/sidewalks/handicap ramps both adjacent to the development and opposite any existing roadways or intersections. ❑ Show all adjoining streets and alleys with names, rights-of-way and pavement widths ® Show all water lines, sanitary water lines, services, cleanouts, valves, hydrants within 1 DO feet, water meter vaults, backflow preventers, storm sewer systems, catch basins, headwalls,junction boxes, other structures, ditches and swales. ❑ Show and label all easements, both public and private with location and width. Define all easements by centerline bearings, distances and ties to property corners or page book and deed reference. Site Plan Sheet ❑ Clearly distinguish graphically between existing features and proposed features. ❑ Show all proposed property lines. ❑ Show all areas to be dedicated or reserved for public or private use and define with property lines or easements. ❑ Show all building setback lines. ❑ Clearly define the footprints of proposed buildings. ❑ Define with details typical cross-sections for all proposed public or private streets/alleys. ❑ Details should include typical pavement structure, size and type of curbing, shoulders, sidewalks, pavement widths, and right-of-way widths, as applicable. ❑ Internal traffic circulation, including directional arrows, and signs to direct traffic flow. Locations of all parking and loading areas. ❑ Show location of traffic control signs and pavement markings. ❑ All adjacent rights-of-way, with indication of ultimate right-of-way line, center line, width, paving width, existing median cuts and intersections, street light poles and other utility facilities and easements. ® Typical cross-section of proposed construction, i.e., driveway and parking areas. ® Show all internal sidewalks and provide handicap ramps per ADA and FDOT standards. Show ramp details. Paving, Grading, and Drainage Plan Sheets ® Provide preliminary grading plan. ® Provide preliminary storm drainage layout plan, which shows basic drainage locations with indicative pipe and structure sizes. Location of all drainage features, and retention areas, if any. ® Provide preliminary storm drainage easement sizes and locations, if applicable. ❑ Provide typical sections for proposed surface drainage (ditches, swales, retention/detention areas, etc.) ® Provide finished floor elevations for all structures (building, concrete pads, pump stations, etc.) ® Geometry of all paved areas including centerlines, dimensions, radii and elevations. Pavement materials. Utility Plan Sheets ❑ Existing and proposed fire hydrant locations, fire lanes and fire department connections. ® Designate the location of all proposed connection to water and sewer mains. ❑ Show all water and sanitary sewer easements (combined easements are not allowed, but overlapping easements are acceptable) ❑ Show all valves, manholes, sewer cleanouts, hydrants, meters and sizes. Sewer cleanouts in traffic areas shall be labeled as traffic bearing cleanouts. ❑ Show all backflow prevention devices. ❑ All food service dumpsters and compactors are required to have drains to a sanitary sewer. Reviewed by: Concurred by: Ronnie . Navarro, P.E. Dominic Orlando, P.E. /f L00'8 Project ngineer Director of Public Services Municipal Engineering Division City of Dania Beach, FL Calvin, Giordano &Associates CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLSE REVI€11fS1TE PLAN AND RETURN; EtJiS'.1F ANY ` lr7n, Route DateB/20l2006� � Log BP•56-0B,VA 59-08 I ,. loos Project Ornamental Home Design 5EP ,a �lio 504234011710—� plann't Ea PLEASE REVIEW THE ABOVE REFERENCED PRO E gE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF �_ CL736iff�PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up �I In-house Fire Marshal ❑ Landscape F/7 BSO ❑ Public Services ❑ Planner 1:1 Other Consultants 'JCGA J Approved as submitted F—I Denied ',� a (�(,,vw L�'CL L, Comments must address prior ❑ Approved wlconditions Cl, G`I�, ' OEs_ --TL C,_LL b wl to PZ I Commission hearing l l C . S #ysisepAitions o'..z m,eni S 1-(o e -A4f a( PILF56 e_� cc�i cl a 5c�eLIC' 4'�co (et', 6 r re r n ng (sadSra�E ,ficw5. P(Ca5,, cehrfF 5cap Sclitd (° cb SFrvCf:0ASc�e��le e%.e. �;s(a c6s w,<<6rp/a,fl4 5p�,-!. Pete6�rre con vcrF ., Signature Date c /tfCCCY Print Name _ _ . CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET P.L_EASE'13EMW.SITE PLAN A�J{i R� R`(�l�;�,ii^Y��1{T[t1�flMM_EN S IFANY f Route Date B/20/2008 .W Git3�Lj(� � , og VA59 ll I Project Ornamental Home Design SEP D 4 ?DOE FW fio soa23ao117tC ' 504234011720 0, PLEASE REVIEW THE ABOVE REFERENCED PR J ! S T BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAF R f E 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 [j Denied ❑ Comments must address prior ❑ Approved w/conditions ❑ to PZ/Commission hearing List Conditions i Signature Date Print Name Ornamental Home Design 9-4-08 Corinne Lajoie, AICP Zoning Review—TOD zoning 1. Incomplete information was provided, therefore additional review and comment will be provided by staff at time of further review of this project. 2. Submitted site plan shows 7 parking spaces, TOD regulations require 10 parking spaces. The proposed phasing plan only accommodates 5 parking spaces. Revise accordingly or request a variance. 3. Assembly, fabrication (including welding) and outdoor storage are prohibited at this location. NOTE: The City Commission will have to determine, as part of their approval: o If the proposed exterior color elevation is acceptable. o If decorative signs at the current business are sign or decorative art features. o If the City Commission wishes to impose any conditions concerning the size, height, or media of the artwork (Staff recommends maximum 20 foot height on any piece of art; building height is 16 feet). Dania Beach, F109/03/08 Corinne Lajole Principal City Planner City of Dania Beach Florida Following our conversation this is the process that I would like to fallow in order to open our business as soon as possible. • I'd like to change the main entrance (back of the building) until we get the front fix. • We'll have 5 parking spaces all together including the handy Cap parking. • We also manufacture the ramp and steps to connect the front building. • We will have the bathroom ready as well We are planning to complete the rest of the upgrades within a year. S rely, 04Z or e A Fallad Yj jLN Plan "r, 09/26/2008 10:47 9549222687 DANIA BEACH BUILDING PAGE 02/05 City of Dania Beach, Florida Department of CommunRy Development Planning and Zoning Division (954)924-SBOS Phone www.dantabeachfl.gov General Development Application ❑ Administrable Variance ❑ Assignment of Flex/Reserve units ❑ Land Use Amendment t❑ Plat Delegation Request S fF ❑ Rezoning �x� g Date Reed: t � o'F 4 ❑ Site Plan Petition No.; ❑ Specialcuray give SEP 2 o 2906 ❑ Trafflcway Waiver `j _Variance ❑ Roadway Vacation Planning ❑ Other. Hours DE'j;�aa" t eat 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 ail meetings. Ail projects must also obtain a building permit from the City's Building Department / �j / Location Address: /a x)• X `i-e/ 4 e9/w gwe fj A4- Lot(s): Bkxk:A^— Subdivision: Recorded Plat Name: Folio Number(s): d' a '���Legal DescrcriDdDn: Appirant/Consulta al Representative rrdeone) "/ r We, Address of Applicant: ram Business Telephone: � '9� ,9 Honk/ � yf1d-1Q0Fax: ftL577y 770� Name of Property owner: Address of Property Owner: *t' 6 /Z Business Telephone: c Home- Fax: / Explanation of Request: B /(J ✓6 �c ® Dd � a)a rde�+ 4��/J4��i+fs For P/ab pease provide proposed Plat Nsme a 6 ah Gnr�b' t as per y O Arbde 10.13 or07apter28,Zoning Code !llOd C & Trod r Prop. Net Acreage: Gross Acreage: Prop. Square Footage: Existing Use: Proposed Use: Is property owned Individually, by a corporation,or a joint venture? 09/26/2008 10:47 9549222687 DANIA BEACH BUILDING PAGE 03/05 I un nd that site p and variance approval autornatically expires within 12 "M of City Corn o I, rsuant to Ordinance No. 2005-M. nt er ignature Prl t ame Date APPLICANT,CONSULTANT,OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Swom to and sut+saibed before me ApplicantJConsultarrtJRepresentat ve This 0/ day of 20-4 Sgnature: Date: G✓ e 4WO Sign Name of Notary Public (Print Name), State of( ) Print Name of Notary Street Address,my,State and Zip Code Commission Expires: Seal: 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 (Amiicant/ConsubmnVRepresentative) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This_day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address,City, State and Zip Code Commission Expires: seal: Telephone No.&Fax No. ORNAMENTAL HOME DESIGN9 INC Corinne Lajoie SEP 2 2000 Principal Planner pdi�"31 Hng City of Dania Beach, Florida epa -tment We would like to request a variance of having only 7 parking spaces instead of 8. Tacking under consideration more than 8 years in business we firmly believed that 7 parking spaces would be more than plenty, and the reason why I said this is because we get no more than 8 to 10 costumers per week, also since most of our costumer make appointments ahead of time we have the option to schedule the daily appointments; p Y PP therefore, we think that 7 parking spaces would be sufficient. Res ctfully n �1v r e M. Fallad 227 N. FEDERAL Hwy, DANIA BEACH, FL 33004 Dania Beach, FI 08/14/05 Corinne Lajoje ! � Principal City Manager AUG 15 1000 City of Dania Beach planning ti Dear Corinne: Department First of all I'd like to find out if we can avoid the manufacturing of the Drainage system all together, please allow me, to be as direct as possible with our very difficult situation. Last year we, Jorge M. Fallad & Maria A. Velez, got approved by The City of Dania Beach, to fix the property at 102 N. Federal hwy. This in order to move our business there "Retail Store" (Iron, Aluminum) Due to the slow down of the construction industry our business has lost more than 55% of sales, so far this year and over 45% last year; therefore, I am asking you to please help us in any way possible to moved our business to 102 N. Federal Hwy ASAP. I think is important for you to know that we're more than willing to do whatever it takes to make our business a success one but, we can only do it if you help us. What we're asking kindly is., if we can move our business to 102 N. Federal hwy as soon as next month, September 2008 at the same time I like to assure you that we're committed to honor what we promised to the City of Dania Beach as for as remodeling the building according to plans., As soon as we move we'll be saving over $6000.00 a month on rents alone and that money could be invested in remodeling the property every month. Finally, but not less important I'd like to cheer with you that it has been quite difficult to afford two rents, one substantial mortgage, property taxes and insurance. We had been a part of Dania Beach for almost nine years and we'd love to some time in the future retired here. Sinc ely, /ze M. 'a". 8� Maria A. Velez John Bertino Patricia Flury C"HIIUIdEl1/��IYII!' e!E9L�/!. /IC JORGE M. FALLAD Show Room: Tel:(954)929-9982 227 N.Federal Hwv. Fax: (954)929-9787 Dania Beach.FL 33004 Email:jfalladf,dSomcast.net wlvw.ornamentalhomedesi gn.com • RESOLUTION NO. 2006-139 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED BY JEFFREY GROSS, ARCHITECT, ON BEHALF OF PROPERTY OWNER JORGE FALLAD, ORNAMENTAL DESIGNS, FOR PROPERTY LOCATED AT 102 NORTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 8.4 of Article I 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,Jeffrey Gross,architect,on behalf of property owner Jorge Fallad,"Ornamental Home Design", located at 102 North Federal Highway, Dania Beach, has applied for site plan approval for the modification of the building(s) to allow a decorator showroom and office; and • WHEREAS, the Planning& Zoning Board on July 19, 2006, recommended that the City Commission grant the site plan request(SP-27-06),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-27-06) for site plan approval, a copy of which is attached and made a part of this Resolution as Exhibit"A", is approved, subject to: 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)ofArticle 1 ofChapter 8, of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically • expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED on 12006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC • CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY • 2 RESOLUTION#2006-139 RESOLUTION NO. 2006-124 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE V UEST SUBTV=ED BY JEFFREY GROSS,ARCHITECT, ON BEHALF OF PROPERTY OWNER JORGE FALLAD, ORNAMENTAL DESIGNS,FOR PROPERTY LOCATED AT 102 NORTH FEDERAL HIGHWAY, DANIA BEACH; FROM CHAPTER 28, "ZONING", ARTICLE 6.21 "OFF- STREET PARKING";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,Jeffrey Gross,architect,on behalf of property owner Jorge Fallad,Ornamental Designs, has applied for a variance (VA-27-06) to allow 7 parking spaces associated with a showroom/office use; Chapter 28, "Zoning", Article 6.21 "Off Street Parking", requires approximately 12 parking spaces associated with a showroom/office use,forproperty located at 102 . North Federal Highway, Dania Beach; and WHEREAS, the Planning& Zoning Board on July 19, 2006, recommended that the City Commission grant variance request VA-27-06,based upon the criteria set forth in section 10.13 cf 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-27-06,for a variance as described above from requirements in Chapter 28,"Zoning",Article 6.21,"Off-Street Parking",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", is approved subject to the following condition: Approval to allow nn king spaces, subject to curb installation, Swale landscaping, and Knox Entry Sy a ong US 1 and NE I"Street. • 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 22, 2006. 7 PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: 0�) 11 Qa�J LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FOAM CORRECTNESS BY: THOMA J. ANSB) O CITY ATTORNEY 2 RESOLUTION#2006-124 — VA-59-08 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, October 28, 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-59-08 - Variance request by applicant Jorge M. Fallad owner Ornamental Home Designs to allow (7) seven parking spaces for a retail showroom/office use. (Chapter 28, Zoning, Article 21, "Downtown Transit Oriented Development (TOD) District"requires 10 parking spaces.) The variance request is associated with the proposed site plan SP-58-08 request for an office/retail building located at 102 North Federal Highway, Dania Beach Florida. Property is legally described as: Lots 22 and 23 less west 24.00' for state road right-of-way, together with all of Lot 24, Block 11 of the Town of Modelo according to the plat thereof, as recorded in Plat Book B, Page 49 of the Public records of Dade County, Florida. Said lands situate in 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 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, October 17, 2008 See Reverse side of this notice for a location map of the site Location Map—VA-59-08 Ornamental Home Designs - 102 North Federal Highway: i Ro-8000 W I I N i Z c m LU � I W W N W NE 1ST ST � i This z r Site C C-2 , i 00 C OD N O 0 O U O N C N U 0> l0 U lli � E > > O 2 O U m O C LO N (D 0 E N d 0) a m 0) r coc rn co -C dD o V CO Op In N Itm m O 0 V r m'T V UO O CN (DM M r V co m r N O N N Cl) O N O M N N N N N Cr)co co co co co co Z M CO N N r` N N M q r V' 'R V O 0 0 r LL V V 0 V V 0 Np .J V V' 0 N V C p O O O (p O O N M 000 000 NLL O O O r M O O O N 000 t{ OO p N 2000 000 p OOOrr J OO oO p M M M M Cl) M M M M M M M M W M M M M M M M M M M M M M M Ce)M U M M M p M M M M � l0 LL M CO CO CO M J J J J J J J �QjJ J J J C7 J J J �M J COM Q J J J 04 j J J LL LL LL LL LL LL LL r m LL LL LL LL LL LL O LL LL LL M �{ U V l LL 2 2 2 2 2 2 p 2 2 2 M 2 2 2 0 w 2 2 2 M Q 2 S p 2 D F Q Q Q Q Q U M Q Q Q Q CM] Q Q Q O D Q Q Q LL m m Q Q M Q Q U W W W O W w 0 -1 0 W W W J W W L O Q W w W Z J D W w J W m m m > m m Z m m CO LL m m m > J CO m m U LL Z m m LL m Q Q Q > Q Q Q QQQ Q Q Q — Q Q Q J F Q Q Q F W O Q Q Q ¢ J � Z z Z Y Z Z J m J Z Z Z Q Z Z Z J LL Z Z Z W > Z Z z Z J I Q Q Q Q Q Q O Q Q Q Q Q — Q Q Q O O Q Q Q Q W Q Q Q Q O D O ODD 0 2 U) 0 r O J J co m > m W U 0 00 }y F U W > Y O mNN Q (n > Q' Y UALIJ QZW x Q '7 W Q Q Q O (nm H > OF LL' ~ UUW Uv EN QIUn zOW p Q U0 W U°rU W W _ ZF- F Y `� vivivi -j r 2 O N (7r N LL XxLLLLUO LL 0 X Q' OW Ow r OW QD (� (rnO � Q' r W w W O U o :i DO zcn (n LLOmLLLL � -� wwwwD � W zz (n E � JNV W Umoo oM ? zmoZZ Z � cOOZZ6) c�O OZ M W br s LL U O Q M O N V U oD N Q7 N O U O LO cM C m O r N M w O r 0 r r r N ❑. r M t0 CIO Q o 0 �c� n W U w J _ m J J Q 2 Yo- J U a - U =U O C�' � KQ Cl) P " 3 Z Cl) o Z ¢¢ ' 0 0 QNwa U n z w Un co Q Un W a LL U z m A," a '' of4 � zUQDMU WN O ww — lyOwOz < o = 031M1 00 � � Q w D Q z W J a m w � � U o W F C ¢ Q y z = m Q J J S U Q OS It o g O Qp Q (¢ ww Z `dU DO UQ W LLU- ?) 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C? r -00 m N N N N N N N N N N N N N N N N N N N N N N N N N N N N N bq zq' ITYg4qTIITITITITY117111YITITITYiITY F m < LoLpi voi Lo In LouoLo LoLr) U) L U) LO 00m 0 CD LO Lo LO 0U) n 00 N U r 0 SunSentinel PUBLISHED DAILY FORT LAUDERDALE,BROWARD COUNTY,FLORIDA BOCA RATON,PALM BEACH COUNTY,FLORIDA MIAMI,MIAMI-DADE COUNTY,FLORIDA STATE OF FLORIDA COUNTY OF BROWARD/PALM BEACH/MIAMI-DADE BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED JEFFREY L.HIGGINS,WHO,ON OATH,SAYS THAT HE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED DEPARTMENT OF THE SUN-SENTINEL,DAILY NEWSPAPER PUBLISHED IN BROWARD/PALM BEACH/MIAMI-DADE COUNTY,FLORIDA, VA-s464 THAT THE ATTACHED COPY OF ADVERTISEMENT,BEING A: xonca or DANIAPUBLI BEACRARIH CITY OF DANW BEACH NOTICE IS HEREBY GIVEN that a public hearing will NOTICE OF PUBLIC HEARING be treld before the City Commission, on TUESDAY, October 28,2008 at 7:00 p.m.,91r as aeon thereafter as possible in the Dania Beach_City.commission IN THE MATTER OF: Roan,Administrative;Center,too west Dania Beach ONd.:Dania Beach,Florida 33004.for the purpose of wargklIgg am/comments which might be made to the VA-59.08 follwdhg request: VA-59.08-Variance request by applicant Jorge M. Fallad Owner Ornamental Home Designs to allow(7) WAS PUBLISHED IN SAID NEWSPAPER IN THE ISSUES OF: seven parking spaces for a retail phowroom/office use. (chapter.28. zoning, Article 21, 'Downtown Transit Oriented Development IrOD) District" 10/17,108 13632216 requires to parking spaces.) The Varance request is associated with the oposed site plan SP-58-08 request for an office/ AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER retall begding located at 102 North Federal Highway, Dania Beam Florida. PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI-DADE COUNTY,FLORIDA, Property Is legally described as:Lots 22 add 23 less west24.00'for state road right-of,way,together with AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY all of Lot 24,Block IIof the Town ofMOdaoaccording PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI-DADE COUNTY,FLORIDA, to the plat thereof,as recorded in Piat Book B,Page 49 ofths Public records of Dade Coun ,Florida.5aid EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE lands situate In Browam County,Flame. POST OFFICE IN FORT LAUDERDALE,IN SAID BROWARD COUNTY.FLORIDA, Co "'es of the proposed request are available for vkNuq{inthe Community Development DO Thwart. FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF 1tq West Beach Blvd.;Dania Beach Florida ATTACHED COPY OF ADVERTISEMENT:AND AFFIANT FURTHER SAYS THAT between the hours of 2:00 am. and 4:00 p.m.. Mooft.HE HAS NEITHER PAID,NOR PROMISED,ANY PERSON,FIRM.OR CORPORATION, arnileao-oion,Hdoneesslted parties.�appear at ANY DISCOUNT,REBATE,COMMISSION,OR REFUND,FOR THE PURPOSE the public hearing and be heard wtth respect to the proposed petition. OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID NEWSPAPER. ma(cordsnee With the American with Disabilities Act persars needing assistance to participate in any of Mese proceedings should contact the City Clerk's offrcq 44o0 w. Dania Beach Blvd, Davis Beach, FL 3300/,f454)924-6800■3623,at least U hours prior (-,��c/'�/F� wVl'`'�'�`^��7 A ✓V�/ to the by theg. Any person who decides to appeal.any decision de by the ma Planning and any ma Beacon the City Commission r h ar ng to any platterecor considered t at ( GNA RE OF JE L.HIGGI ,AFFIANT) a meeting or hearing will need a record n the that aproce we�s and record f the amy wedeeding Is rhsure SWORN TO AND SUBSCRIBED BEFORE ME which recordrecord ncludees the Mes proceedings a evidence ON 17 OCTOBER 2008,A.D. uppoon rnC ntnirr appeal lato based, Planning Associate October tP.200e_ (SIGNATURE OF NOTARY PUBLIC) NOMYPULIC.gT,kTEOPP oUM P ,3r en Rubin Cou.aissioa#DD365661 Expires: OCT. 24, 2008 Bonded Thru A:a;.:L!c Bonding Co.,Inc. (NAME OF NOTARY,TYPED,PRINTED,OR STAMPED) PERSONALLY KNOWN(X)OR PRODUCED IDENTIFICATION( ) CITY OF DANIA BEACH Agenda Item # 9 Agenda Request Database Date of Commission Meeting: 10-28-2008 Public Hearing ❑X Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2008-207 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE SITE PLAN REQUEST SUBMITTED BY PROPERTY OWNER JORGE FALLAD,ORNAMENTAL DESIGNS, FOR PROPERTY LOCATED AT 102 NORTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. L : Acct#: Amt: d: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ SP-58-08: The applicant, Jorge Fallad, is requesting a parking variance and site plan approval for a showroom/office for property located at 102 N. Federal Highway. Resolution Staff Report Application Site Plan Exhibit 7 ✓Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: 7 Continued to: ❑ RESOLUTION NO. 2008-207 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY PROPERTY OWNER JORGE FALLAD, ORNAMENTAL DESIGNS, FOR PROPERTY LOCATED AT 102 NORTH FEDERAL HIGHWAY, 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, property owner Jorge Fallad, Ornamental Designs, is requesting site plan approval (SP-58-08) for the proposed modification of existing buildings to allow a decorator retail showroom and office for property located at 102 North Federal Highway in the Cityof Dania Beach; and WHEREAS,the Planning and Zoning Board on October 15, 2008, recommended that the City Commission grant the site plan request(SP-58-08),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-58-08) 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. Change color of building to meet code, i.e pastel. 2. Provide additional information regarding courtyard display. 3. Maximum height of`art' displayed outside should not exceed height of building, 16 feet. 4. Additional palm should be added to the planting beds on the west side of building. 5. Additional palm should be planted between the 2 oaks on the south elevation. 6. Provide additional architectural treatment to south elevation. 7. Provide awnings over windows on south side of building. 8. Add a faux window on south elevation, for a total of 4 windows. 9. Provide additional architectural treatment to east building elevation. 10. Consider installing solar lights, especially along the west fagade. 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 8 of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on this day of , 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#2008-207 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: October 28, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal PlannerC445� SUBJECT: VA-59-08/SP-58-08: The applicant, Jorge Fallad, is requesting a parking variance and site plan approval for a showroom/office for property located at 102 N. Federal Highway. VARIANCE To allow 7 parking spaces for a retail showroom/office use; code requires 10. SITE PLAN Site plan review for the modification of existing buildings to allow a decorator retail showroom and office. PROPERTY INFORMATION ZONING: Transit Oriented Development (TOD) LAND USE DESIGNATION: Local Activity Center (LAC) OVER LAY DISTRICT: Community Redevelopment Area (CRA), Principal Arterial Commercial Design Standard Overlay District. On August 22, 2006 the City Commission approved the site plan and variance to provide 9 parking spaces on site. This site plan and variance approval expired on August 23, 2007. The applicant currently sells ornamental iron at 227 North Federal Highway. The applicant wishes to relocate his sales/display operation to the subject parcel, located at the northeast corner of US 1 and NE 15i Street, formerly Garrison's Garage & UMT. The applicant proposes significant changes to the building elevation (see attached plan). With the exception of building color (red), the elevations are generally consistent with Principal Arterial Design ("PAD") Standards. VARIANCE Required parking is based on use. The project will provide 4,262 square feet of retail showroom area and 348 square feet of office space, which requires a total of 10 parking spaces under the TOD zoning designation. The applicant is providing 2 new parking spaces on the west side of the building and 5 parking spaces on the east. Therefore the applicant is requesting a variance for 3 parking spaces. The applicant's current business, albeit smaller, is seldom occupied by more than 3- 4 cars. SITE PLAN Five parking spaces are provided to the rear, adjacent to NE 1st Avenue, and two spaces are provided in the front, adjacent to Federal Highway. Vehicle access to the front yard is restricted to NE 1st Avenue; a pedestrian gate is shown on US 1. The owner intends to exhibit stone, wrought iron, aluminum, and wood work in the front yard. No specific examples are shown on the plan. Staff has advised the applicant that existing TOD zoning prohibits any fabrication or assembly work. In addition, outdoor storage is also prohibited at this location. The current business contains some decorative signage not permitted by Code. Final color choice, front yard exhibits and decorative signage at the discretion of the City Commission. In addition, the applicant is proposing to make improvements shown on the site plan in two phases: PHASE 1: The first phase will consist of all improvements to the buildings (interior and exterior), landscaping, parking and drainage on the east side of the building. PHASE 2: The second phase will include the landscaping, parking, drainage and fence on the west side of the property. When the original site plan was submitted in 2006 the city did not have a CRA Director. The site plan was this time routed to the CRA director for review. The following comments were provided: 1. Change color of building to meet code, i.e pastel. 2. Provide additional information regarding courtyard display. 3. Maximum height of 'art' displayed outside should not exceed height of building, 16 feet. 4. Additional palm should be added to the planting beds on the west side of building. 5. Additional palm should be planted between the 2 oaks on the south elevation. 6. Provide additional architectural treatment to south elevation. 7. Provide awnings over windows on south side of building. 8. Add a faux window on south elevation, for a total of 4 windows. 9. Provide additional architectural treatment to east building elevation. 10.Consider installing solar lights, especially along the west fagade. PLANNING AND ZONING BOARD RECOMMENDATION On October 15, 2008 the Planning and Zoning Board recommended approval of the variance and site plan with the conditions that the outdoor displays do not exceed the height of the building. PREVIOUS CITY COMMISSION ACTION On August 22, 2006 the City Commission approved the building color, yard exhibits, site plan and variance to provide 9 parking spaces on site, at that time 12 parking spaces were required. STAFF RECOMMENDATION VARIANCE At the discretion of the City Commission. SITE PLAN Approval of the site plan provided the variance is granted. Page i of i Lottier, Christine From: Earle, Jeremy Sent: Tuesday, October 14, 2008 1:29 PM To: Lajoie, Corinne Cc: Lottier, Christine Subject: Ornamental Home Design Inc. Corinne, Below are my comments for Ornamental Home Design Located at 102 N Federal HWY, Dania Beach, FL 33004 1. I would like to see the color of the building changed from red to another lighter pastel as indicated by code. Architect should bring in a quick sketch of the new colors for approval. 2. 1 need more information regarding what exactly will be displayed in the courtyard. 3. Height limitation of'art"displayed outside should not exceed the current height of the building which is 16' 4. 1 am ok with the parking variance based on their actual needs. 5. Additional palms should be added to the planting beds on the west of the building. Possibly spaced between the oaks. 6. Another palm possibly a double Veitchia should be planted between the two oaks on the southern elevation 7. 1 can see from the plans that there does not appear to be any space on the south of the building for additional landscape; I would therefore ask the architect to give some thought to the architectural treatment of that facade in order to make it more interesting. There are currently three glass windows; I would recommend very nice awnings over the windows on the southern elevation. I would also recommend a fourth faux window(no glass)possibly just a border that is the same size as the other windows, this would also have an awning above it for a grand total of four awnings. I would ask that the architect also take another look at the treatment of the facades along the east elevation in order to make it more interesting as well. 8. 1 would like for the applicant to consider installing solar lights, especially along the west facade of the building. Please let me know if you have any questions. Regards, Jeremy Earle, ASLA, AICP Executive Director Dania Beach Community Redevelopment Agency 100. W. Dania Beach Blvd Dania Beach, Florida, 33004 954-924-6800 ext 3732 (P) 954-921-2604 (F) APlease consider the environment before printing this email 10/14/2008 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET pLEAS�REw ElMSI7EPLAN IM&R TSv1Fr ANY Route Date 8/20/2008 PZ Ldrq SPSP 58.08,VA•59-08 SEP 1 5 PDDB Project Ornamental Home Design ---� Fo io 504234011710 6k Q y9�, NN 504234011720 �t.s`t � f{ I3 i1"j2itI PLEASE REVIEW THE ABOVE REFERENCED PROD 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 S/ In-house ❑ Fire Marshal ❑ Landscape BSO ❑' G�A> Public Services ❑ Planner❑ Other Consultants ©CGA Approved as submitted ❑ Denied ❑ r"u`�"`2 6 l Comments must address prior Approved w/conditions ❑ ��Ib to PZ I Commission hearing List Conditions i v„ Ett73//410 MMt5 el �© SNRZF zoo Signature Da a Print Name _ _—_-- X _---- _—__— $EP 1 5 20�13 Dips City of Dania Beach Ref.No. SP 63 08 DEVELOPMENT REVIEW COMMITTEE ENGINEERING REVIEW# 1 The following is a list of standard site plan requirements that are reviewed by the City of Dania Beach Public Services Department. This list is intended to give general guidelines only and is not to be considered all-inclusive. Depending upon the development additional items may be required. Site plan submittals without the following minimum criteria will be returned to the applicant without a complete review being performed thus resulting in additional delays to the site plan approval process until the information is provided. Project Information Project Name: Ornamental Home Design Project Address: 102 N Federal Highway Name of Owner: Jorge M. Fallad & Maria A. Velez Name of Applicant: Owners Applicant's Address: 227 N. Federal Hwy, Dania Beach, FL 33004 Contact Number: 954929-9982 Submittal Requirements ® A recent survey prepared by a Florida registered land surveyor, reflecting existing natural features, such as topography, vegetation, existing paving, existing structures, and waterbodies. Site information should contain legal description, including section, township, and range. Site boundaries shall be clearly identified, and ties-to-section comers. ® Stormwater Calculations and/or copy of previous permits from SFWMD or other agencies, if any. ❑ An application for final site plan approval which abuts a State Road shall be accompanied by a valid Pre-Application approval letter from the Florida Department of Transportation. ® Soils Report, Exfiltration Test Results ❑ Lift Station calculations. ® Utility agreement for water and sewer line extension, if applicable. Provide FIRM Elevation certification. Finished floor elevation shall be one foot above FIRM Elevation. Existing Site Conditions/Topographic Survey ❑ Provide a north arrow with reference and an engineering scale 1°=200' max ❑ Show all property boundaries with linear bearings and distances, curve boundary information and the building setbacks. ❑ Show all existing property lines, which are to be removed and label them appropriately. ❑ Show all adjacent parcels with the graphical angle of departure of adjacent property lines. ❑ Show all building and structures and label current use/facility name and finished floor elevation. ❑ Show all pavement, parking, and driveway access points on the property. both adjacent to the development all walkways/sidewalks/handicap s/sidewalks/handica rams P❑ Show y p p 1 and opposite any existing roadways or intersections. ❑ Show all adjoining streets and alleys with names, rights-of-way and pavement widths ® Show all water lines, sanitary water lines, services, cleanouts, valves, hydrants within 100 feet, water meter vaults, back-flow preventers, storm sewer systems, catch basins, headwalls,junction boxes, other structures, ditches and swales. ❑ Show and label all easements, both public and private with location and width. Define all easements by centerline bearings, distances and ties to property corners or page book and deed reference. Site Plan Sheet ❑ Clearly distinguish graphically between existing features and proposed features. ❑ Show all proposed property lines. ❑ Show all areas to be dedicated or reserved for public or private use and define with property lines or easements. ❑ Show all building setback lines. ❑ Clearly define the footprints of proposed buildings. ❑ Define with details typical cross-sections for all proposed public or private streets/alleys. ❑ Details should include typical pavement structure, size and type of curbing, shoulders, sidewalks, pavement widths, and right-of-way widths, as applicable. ❑ Internal traffic circulation, including directional arrows, and signs to direct traffic flow. Locations of all parking and loading areas. ❑ Show location of traffic control signs and pavement markings. ❑ All adjacent rights-of-way, with indication of ultimate right-of-way line, center line, width, paving width, existing median cuts and intersections, street light poles and other utility facilities and easements. ® Typical cross-section of proposed construction, i.e., driveway and parking areas. ® Show all internal sidewalks and provide handicap ramps per ADA and FDOT standards. Show ramp details. Paving, Grading, and Drainage Plan Sheets ® Provide preliminary grading plan. ® Provide preliminary storm drainage layout plan, which shows basic drainage locations with indicative pipe and structure sizes. Location of all drainage features, and retention areas, if any. ® Provide preliminary storm drainage easement sizes and locations, if applicable. ❑ Provide typical sections for proposed surface drainage (ditches, swales, retention/detention areas, etc.) ® Provide finished floor elevations for all structures (building, concrete pads, pump stations, etc.) ® Geometry of all paved areas including centerlines, dimensions, radii and elevations. Pavement materials. Utility Plan Sheets ❑ Existing and proposed fire hydrant locations, fire lanes and fire department connections. ® Designate the location of all proposed connection to water and sewer mains. ❑ Show all water and sanitary sewer easements (combined easements are not allowed, but overlapping easements are acceptable) ❑ Show all valves, manholes, sewer cleanouts, hydrants, meters and sizes. Sewer cleanouts in traffic areas shall be labeled as traffic bearing cleanouts. ❑ Show all backflow prevention devices. ❑ All food service dumpsters and compactors are required to have drains to a sanitary sewer. Reviewed by: Concurred by: Ronnie . Navarro, P.E. Dominic Orlando, P.E. Project ngineer Director of Public Services Municipal Engineering Division City of Dania Beach, FL Calvin, Giordano &Associates CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASEREV�EYI�S1Tf Pi AN`AND'.RETU{tN-s ftJTSIF AFtY Route Date 8/20l2008 � Log BP•58 DB,VA•59-OB 1 9 INS Project Ornamental Home Design � SEP ,,&& iio 504234011710 PLEASE REVIEW THE ABOVE REFERENCED PRO E E INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up In-house ❑ Fire Marshal ❑ Landscape 0 BSO ❑ Public Services ❑ Planner ❑ Other Consultants ❑CGA Approved as submitted ❑ Denied (g ON-(— C`�„�.,..F„ �- Comments must address prior ❑ Approved w/conditions to PZ/Commission hearing 111 'F'�•C L•isf6en9itirnrs �Ow1 rM.Pn1S • CL S -(cr fka :Acf a( Plu;5e e-F cerl5-7Yr�;d��;�µ� bl rCM6 �h�n-.!Iccrt(SCa�j2 ,'fir-^5. P/ea'Sg r'ddg �aHdS�aP�,3 5,4ed..1e ILC Lb Sfvvt1 Ort S�C�✓(? 6.61. ri'P 2l.QS d r'8 r'on vcrxoi 1/7�d s Signature Date Print Name CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEf16E RE_VIEShisTUDE ff_PLI ANI?RETIIR{7�WITHWRouteC3NFdA_ENTS#FANj'T Date 8l2D/2008 � - Ia og h/A-5908 Project (Ornamental Home Design SEP O 4 ZO�B Rollo 504234011710 [ 504234011720 PLEASE REVIEW THE ABOVE REFERENCED PR J 1 MMIFWS Tq BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAF RDiA= E PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up ❑ In-house Fire Marshal ❑ Landscape ❑ BSO ❑ Public Services ❑ Planner W1 Other Consultants ❑CGA Approved as submitted ❑ Denied ❑ Comments must address prior ❑ Approved w/conditions ❑ to PZ/Commission hearing List Conditions Signature Date Print Name Ornamental Home Design 9-4-08 Corinne Lajoie, AICP Zoning Review —TOD zoning 1. Incomplete information was provided, therefore additional review and comment will be provided by staff at time of further review of this project. 2. Submitted site plan shows 7 parking spaces, TOD regulations require 10 parking spaces. The proposed phasing plan only accommodates 5 parking spaces. Revise accordingly or request a variance. 3. Assembly, fabrication (including welding) and outdoor storage are prohibited at this location. NOTE: • The City Commission will have to determine, as part of their approval: o If the proposed exterior color elevation is acceptable. o If decorative signs at the current business are sign or decorative art features. o If the City Commission wishes to impose any conditions concerning the size, height, or media of the artwork (Staff recommends maximum 20 foot height on any piece of art; building height is 16 feet). Dania Beach, Fl 09/03/08 Corinne Lajole Principal City Planner City of Dania Beach Florida Following our conversation this is the process that I would like to fallow in order to open our business as soon as possible. • I'd like to change the main entrance (back of the building) until we get the front fix. • We'll have 5 parking spaces all together including the handy Cap parking. • We also manufacture the ramp and steps to connect the front building. • We will have the bathroom ready as well We are planning to complete the rest of the upgrades within a year. S' rely, ore M. Fallad r N . yb- m City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-6805 Phone www.daniabeachfll.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units ❑ Land Use Amendment El Plat I��,�y�n��@ wo w �i%� ❑ Plat Delegation Request ❑ Rezoning AUG 1 5 2008 �( Date Reed: ❑ Site Plan T Special Exception Petition No.: -a ❑ Trafficway Waiver Punning iid- Variance Department c7 ❑ Roadway Vacation ❑ Extended Hours ❑ Other: 6;141- 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: N A)• / l / Lot(s): Block: Subdivision: Recorded Plat Name: 5;D -ya-3� - 01 -V710 Folio Number(s): ,:;b 3 V - 3 -1-i a0 Legal Description: Applicant/Consultant/Legal/�Representativeee((circle one) Q / Address of Applicant: aaltQ@� A)- / /�DAl //6 1I Amlems GY�f®c1. �G 330Df� Business Telephone: ✓�Home: -/ '�®D�a Fax: Name of Property Owner: Address of Property Owner. /�d��✓4/ ?/i/� ' ' Business Telephone: Home: Fax: Explanation of Request: For Plats please provide proposed Plat Name 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 and nd that si plan and variance approval automatically expires within 12 mon of City Co ion approval, pursuant to Ordinance No. 2005-040. p scant/Owner signature Pri t ame 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: Seal: Telephone No. &Fax No. INDIVIDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner f subject lands d wbecyabove and that I have authorized (Applicant/Consultant/Representative) i/P /off//�Q/ to make and file the aforesaid application. Sworn to and subscribed before me owner: or /� � This_day of 20_ / Signature: r Date: G� Sign Name of Notary Public (Print Na e) State of( Uzz ) Print Name of Notary Street Address, City,pState and Zip Cod g p� Commission Expires: Seal: Telephone No. &Fax No. Dania Beach, FI 08/14/05 Corinne Lajoje a Principal City Manager pIUG 1 5 NO City of Dania Beach Manning Dear Corinne: Department First of all I'd like to find out if we can avoid the manufacturing of the Drainage system all together, please allow me, to be as direct as possible with our very difficult situation. Last year we, Jorge M. Fallad & Maria A. Velez, got approved by The City of Dania Beach, to fix the property at 102 N. Federal hwy. This in order to move our business there "Retail Store" (iron, Aluminum) Due to the slow down of the construction industry our business has lost more than 55% of sales, so for this year and over 45% last year; therefore, I am asking you to please help us in any way possible to moved our business to 102 N. Federal Hwy ASAP. I think is important for you to know that we're more than willing to do whatever it takes to make our business a success one but, we can only do it if you help us. What we're asking kindly is., if we can move our business to 102 N. Federal hwy as soon as next month, September 2008 at the same time I like to assure you that we're committed to honor what we promised to the City of Dania Beach as far as remodeling the building according to plans., As soon as we move we'll be saving over $6000.00 a month on rents alone and that money could be invested in remodeling the property every month. Finally, but not less important I'd like to cheer with you that it has been quite difficult to afford two rents, one substantial mortgage, property taxes and insurance. We had been a part of Dania Beach for almost nine years and we'd love to some time in the future retired here. Sinc ely, //V/71 Zi.,-- - ."g,e M. Falla 8� Maria A. Velez John Bertino Patricia Flury +( )fi,i )~ �irzturr�rzfa,��yire �FJi�rr.. ,fac. JORGE M. FALLAD Show Room: Tel:(954)929-9982 227 N.Federal Hwy. Fax:(954)929-9757 Dania Beach,FL 33004 Email:jfallad@ecomcast.net www.ornamentalhomedesign.com • RESOLUTION NO. 2006-139 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA, APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED BY JEFFREY GROSS, ARCHITECT, ON BEHALF OF PROPERTY OWNER JORGE FALLAD, ORNAMENTAL DESIGNS, FOR PROPERTY LOCATED AT 102 NORTH FEDERAL HIGHWAY, 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 P Y Dania Beach, Florida, states that a site plan is required as a condition to the issuance of a building pen-nit; and WHEREAS,Jeffrey Gross,architect,on behalf of property owner Jorge Fallad,"Ornamental Home Design", located at 102 North Federal Highway, Dania Beach, has applied for site plan approval for the modification of the building(s) to allow a decorator showroom and office; and • WHEREAS, the Planning & Zoning Board on July 19, 2006, recommended that the City Commission grant the site plan request(SP-27-06),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-27-06) for site plan approval, a copy of which is attached and made a part of this Resolution as Exhibit"A", is approved, subject to: 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. Thatbased upon the criteria set forth in Section 8-4(p)of Article I of Chapter 8, of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically • expire and become null and void unless building permits are obtained on or before 12 months from the date of this Resolution. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon passage and adoption. PASSED AND ADOPTED on 12006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC • CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY • 2 RESOLLMON 42006-1 39 RESOLUTION NO. 2006-124 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE V QUEST SUBMITTED BY JEFFREY GROSS,ARCHITECT, ON BEHALF OF PROPERTY OWNER JORGE FALLAD, ORNAMENTAL DESIGNS,FORPROPERTY LOCATED AT 102 NORTH FEDERAL HIGHWAY, DANIA BEACH; FROM CHAPTER 28, "ZONING", ARTICLE 6.21 "OFF- STREET PARKING";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,Jeffrey Gross,architect,on behalf of property owner Jorge Fallad,Ornamental Designs, has applied for a variance (VA-27-06) to allow 7 parking spaces associated with a showroom/office use; Chapter 28, "Zoning", Article 6.21 "Off Street Parking", requires approximately 12 parking spaces associated with a showroom/office use,forproperty located at 102 • North Federal Highway, Dania Beach; and WHEREAS, the Planning& Zoning Board on July 19, 2006,recommended that the City Commission grant variance request VA-27-06,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-27-06,for a variance as described above from requirements in Chapter 28,"Zoning",Article 6.21,"Off-Street Parking",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", is approved subject to the following condition: Approval to allow n�)king spaces, subject to curb installation, swale landscaping, and Knox Entry Sy a ong US 1 and NE I"Street. . 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 22, 2006. PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: dutiu. �Q,r��J • LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FOAM D CORRECTNESS BY: THOMA J. SB40 CITY ATTORNEY 2 RESO=ON#2006-124 N. 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W �op N AMP qj r , l OR- 9 �O N }j7Koil7DL' ieF g m�SssgOF m -Zj m m 'r m a ,D alo z Y PROPOSED ELEVATIONS FOR: �€ $3 ORNAMENTAL HOME DESIGN IN Jeffery Grams ma / Architects PA � °1 r 1I1 M.FEDERAL FIYIY. 'o i 'N 1816 Sheaalan 9L Hollywood,Pl A OX 33010 96492Cr3%6 DANIA BEACH FLORIDA 1 ` e L®ee N®6v M 000160 � �; 1 V4A.\]IX1f Pai�xn4W91mPr iJYNIx.\uTcs:>POM)SIi 115LTFlEVAIpK.1IPMFYn]/IMw H n1 Am S O �< m S oX ox m 10 O C7 m o 3� D E D ll ]> w � 1 A coa n ° A , t m m N M �9T m R < Z (Np .:uj X�nm bei Im -i "m M r W3 a� ' iip ox 8 ® � z �100, m� ' 3 A "j� ° In D =$o pp p V41 a rll m b+ OD b� � rhl Z "Vm D 0m z >r< o� pR MATCH EXI5TING 11��1yq y a m °X zz 4 ��PP D c wv @3m In1 g �zz{1£�jW W Xgogmg 3 `j ° T - -- m �QO av ��O� r r yi?o 11oa���°°ym x i —_.. -- - go®W N � � � ® a r, z m EO Z IR vm ° m m i3 Imm 0 r� I>; � � r O O �l3]SO In o o M 3 m D — Q 0 04 �_ .✓ D 0 0 t� B m Z O m_ O Li O 0�4� rt7 a NITT �D A � V y� • O IS A la A im r l I} z 5�("T gy" ,j f tj gg d 311�Ikg gtti m I °O�� Z N - 0 0 0 0 0 0 0 0 0 0 - pm Q 3 r r 0' IS r � R m xlO m m —I or y m� " (/ 1 i PIQOP05ED ELEVATIONS FOR: 3 t{ A ORNAMENTAL HOME DE5ir3N INC. u p� 'Y Gsosa / Asa®cEatea / Aactnitecta ]PA 221 K FEDERAL WIY. A 1816 Shar,,,St Honywood.Florida 33020 954925-3964 % p DANIA BEACH FLORID Lima N®bet AA N0160 -� 1 VGAAMSflrymtA5d91olp+falWiIPAIV'M(ISPM1pPoAtiDSEfIIFI:165A-IPMF S:IAi%a al:I)pt' m o l n Z C= ul m F O C r Yy �us (W Ir A_ � W_ � _♦ v - �--1� � I o 4t C D m y i lllnnn i g � UM Q r o o A m 2 \{ D gr § g . � u z _ r D g b y 0 y pg° �Ul � > W go '� gqj 00 �DD �i� IM 24 X 3 g� �` :rfm �a ti�p ��� m �6_• �` A I"a ! E iq • Oy min b' `o (( 4,011 T f p F r�w'M8 1 £L Z � 5 I ' S m 4 W 3 r X ...... '.'.. �A l � t _IJ > v a p _ l I Z N ' UJI � -4 n � Z 12'..�� f11D0 A IN fl 1 ' 1 D yiA AP P i7 OOprll 3 I _g r '0 D'. 'ORNAMENTAL HOME DESIGN INC. I jeffffesy Gashes / AssocIla4 s A/ 'M`'0 tec$s PALS � � e 221 t FEDERAL Ht Y. ®® 1816 Sl+crmnn St.HoIIywood,Flaaida 83020 954-925-3%4 D �( ee j C� MIIA BEACH FLORIDA ij a N�AA� %9 CITY OF DANIA BEACH Agenda Item # /• Agenda Request Database Date of Commission Meeting: 10-28-2008 Public Hearing ❑X Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2008-208 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE VACATION REQUEST(VC-66-08) SUBMITTED BY WILLIAM STAMM,PROPERTY OWNER,TO VACATE A 40 FOOT BY 200 FOOT ALLEY LOCATED ALONG THE EASTERN PROPERTY LINE OF VACANT PROPERTY LOCATED ON SW 4TH COURT IN THE CITY OF DANIA BEACH,AND LEGALLY DESCRIBED IN EXHIBIT"A",A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VC-66-08: The applicant, William Stamm, is requesting to vacate a 40 foot by 200 foot alley located along the eastern property line of a vacant property on SW 4th Court. Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Survey Exhibit 7 -Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Deoartment Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-208 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE VACATION REQUEST(VC-66-08)SUBMITTED BY WILLIAM STAMM, PROPERTY OWNER, TO VACATE A 40 FOOT BY 200 FOOT ALLEY LOCATED ALONG THE EASTERN PROPERTY LINE OF VACANT PROPERTY LOCATED ON SW 4TH COURT IN THE CITY OF DANIA BEACH, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 3,Article 3,Part DC, as amended, of the Charter of the City of Dania Beach,sets the procedure for vacating and abandoning streets,alleys,and utility easements or other property dedicated to the public use; and WHEREAS,William Stamm,property owner, duly petitioned the City Commission of the City of Dania Beach,Florida,to vacate a 40 foot by 200 foot alley located along the eastern property line of vacant property located on SW 0 Court in the City of Dania Beach,and legally described in Exhibit"A", a copy of which is attached to this Resolution; and WHEREAS,the Planning&Zoning Board on October 15,2008,recommended that the City Commission grant the vacation request; and WHEREAS, after publication of notice as required by Section 3, Article 3, Part IX of the Charter of the City of Dania Beach, a public hearing was held before the City Commission at its regular meeting held on October 28, 2008; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, vacates, abandons, renounces and disclaims all of the right, title and interest of the City of Dania Beach in and to the 40 foot by 200 foot alley located along the eastern property line of vacant property located on SW 0 Court in the City of Dania Beach,and legally described in Exhibit"A",a copy of which is attached to this Resolution. Section 2. That the City Commission finds and determines that the procedure for the vacation and abandonment of the subject easement has been in strict conformity with the requirements of Section 3, Article 3,Part IX of the Charter of the City of Dania Beach. Section 3. That all resolutions orparts ofresolutions 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. 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 EXHIBIT "A" LEGAL DESCRIPTION Lots 13 and 14 block 2,First Addition College Tract,according to the plat thereof as recorded in Plat Book 22, Page 10, of the Public Records of Broward County, Florida together with that portion of railroad alley lying adjacent to lots 12, 13 and 14,block 2,First Addition College Tract,according to the plat thereof as recorded in Plat Book 22, Page 10, of the public records of Broward County, Florida,Being bounded by as follows: On the north by the easterly projection of the north line of the aforementioned Lot 14 Block 2,on the south by the north right of way line of SW 7th Street, on the east by the west right of way line of the Florida East Coast Railroad,and on the west by the east line of the aforementioned Block 2. Said described railroad alley containing 8,000 square feet,more or less. 3 RESOLUTION#2008 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: October 28, 2008 TO: Ivan Pato, City Manager VIA: Corinne Lajoie, AICP, Principal Planner FROM: Kristin Dion, Planner REQUEST: VC-66-08: The applicant, William Stamm, is requesting to vacate a 40 foot by 200 foot alley located along the eastern property line of a vacant property on SW 4th Court. PROPERTY INFORMATION: ZONING: Industrial Restricted (I-R) FUTURE LAND USE: Industrial The subject site is currently vacant. However the applicant will be proposing to construct an industrial office warehouse on the site. Due to the size of the site, the applicant will need use of the alley on the east side of the property to provide adequate parking. According to the applicant, the alley is not used for access by any other properties. The Fire Marshall has visited the site and has no objection to the vacation of this alley. The Public Services director has reviewed the application and has provided the following comments: 1. Applicant must establish and record a maintenance easement in Broward County Public Records to allow City to access existing sewer line at this location prior to issuance of building permit. 2. Owner to sign letter of release, approved as to form by the City Attorney. Letter to state that owner is responsible for all costs to repair all surface features (pavement, curbing, sidewalks, landscaping, fence, etc.) required as a result of maintenance or repair of sewer line and installation of new utilities (future water lines) prior to issuance of building permit. PREVIOUS CITY COMMISSION ACTION On October 14, 2008, the City Commission approved the waiver to replat. PLANNING AND ZONING RECOMMENDATION On October 15, 2008 the Planning and Zoning Board recommended approval of the vacation. STAFF RECOMMENDATION Approve, provided staff comments are addressed prior to issuance of building permit. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE REVIEVY'S1M PLA�1 ANC RE11F2N`IAIITt!CpMlVlENTSF Route Date Date 9/10/2D08 � { �IFf' Z Log VC•SM13 s..; . �11 E f _ Project Iwliiam Stamm/Vacation .,r- Folio 51-42-D3-35-0140 !One Construction, Inc. �''"' 'LOBE ? � .. .. r PLEASE REVIEW THE ABOVE REFERENCED P Ruj F�RW Td�NTS O BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S ST f�,� Y THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up ❑ In-house k1 Fire Marshal ❑ Landscape ❑ BSD ❑ Public Services ❑ Planner Other Consultants ❑CGA Approved as submitted ❑ Denied ❑ , l Comments must address prior ❑ Approved w/conditions ❑ to PZ/Commission hearing List Conditions cols-1��� Signature Date Y. a() Print Name CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET ' PLEASE RES9E4Y S{T�?1.A1�9 AN©R �� �F ANY _ _' Route Date 9/4/2DD6 PZ Log 'VC-66-06 SEP 2 3 2D36 Project illiam Stamm/One Construction Folio 51-42-03-35-0140 Vacation of Alley h P;anM n g 6! DeDartet PLEASE REVIEW THE ABOVE REFERENCED PROJEC CORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up I In-house Fire Marshal ❑ Landscape ❑ BSO ❑ GG� Public Services ❑ Planner ❑ Other Consultants WJCGA, �e yr r P� Approved as submitted ❑ Denied ❑ /� A Ali � V\a fv,-,VC L Comments must address priorls( Approved w/conditions l/l2� to PZ/Commission head n List Conditions ui�:v�y���r�s s�►s u �eotli��3�L1�Z��l�F�Cf�-�: �"' rataT �r�c� Fs,OH9�4T OVOt 50-4)Z- L rAJ)S 96RL11I l�wntE2 A)FaS To W.5dUSS I✓_l�tl -(TYA7T����y ND I fGN K.�r,EA��Soo,g£¢�� LE�7g'j��i2. owAs t5 t1RRl�v6� (7EWL�S Lat��DS�sIfR fiL c �l aS 2z �� _ o to Signature Date Print Name City of Dania Beach Ref.No. VA-67-08 DEVELOPMENT REVIEW COMMITTEE ENGINEERING REVIEW# 1 Project Information Project Name: William Stamm/One Construction (Vacation of Alle Project Address: SW e Court, Dania Beach, FL a Name of Owner: William Stamm L�L18 v Lho � Name of Applicant: One Call Construction SEP 2 3 79H Applicant's Address: 5738 Tyler St., Hollywood, FL 33021 Contact Number: 954-925-7987jii [ $ D Comments: �"�` _ ___ Since there are no known utilities on record, we have no objection to the proposed vacation. � n Reviewed by: Ronnie . avarro, P.E. O� 9�f Zt jzoo$ Proje Engineer Municipal Engineering Division Calvin, Giordano &Associates Xrred: Dominic Orlando, P.E. Director of Public Services City of Dania Beach, FL City of Dania Beach, Florida Department of Community DeveloPment Planning and Zoning Division (954) 424-3645 Phone www.daniabeacldl.gov General Development Appiicatfon ❑ Administrative Variance ❑ Assignment of FWX/Reserve Units ❑ Land Use Amendment ❑ Plat IN � � ❑ Plat Delegation Request Date Reed: ❑ Rezoning ❑ IMMOM SEP 0 4 M8 Petrdon No.:vC_� -0Q ❑ Spacial Exception ❑ TrafiicwaY Waiver Manning ❑ Variance Department ❑ Roadway Vacation ❑ Extended Hours ❑ Other. THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECE51IiRRY DOCUMENTS. Refer to the application type at the top of this form and Required Documentation'checklist to determine the supplemental doruments required with each application. For after the fact applications, the responsible contractor of record shall be prat at the board hearing. Their failure to attend may impact upon the dtspos6tiah of your application. As always,tfhe appiimnt or tiheir authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the CWs Building Department. Location Address: Sl O1Z- i.ot(s): _ l .3 Bio&- �_ Subdivision: Recorded Plat Name: Folio Number(s): 6:rh l �}2 63 , Legal Desatption: 6 sunant(Legal Representative(drde one) , Address of Applicant I ��` S� \t 7-17-'T13j Business Telephone:0j�4' —? 3Ug4'T-Home: Fax: Z (p Name of Property owner: W NWICL 4:j ` Mv'N - Address of Property Owner: Business Telephone`jSK qZ4 Home: y Fax: Explanation of Request: t-r-N CA For Plats please provide proposed Plat Name for Variances p/ attach Crf[enla Siatimsat as per Article 10.13 of Chapter 28,Zoning Code. Prop. Net Acreage: Gross Acreage: Prop. Square Footage: EAsting Use: Proposed Use: Is property owned individually,by a corporation,or a joint venture? I understand that sro plan and variance approval au6e>nwdcaly► expires within 12 Aymonths of City COf PPS. nt to i No nature 2DOS-040 ka72/sig Print Name Da6e APPLICANT,CONSULTANT,OR LEGAL REPRESENTATYVE NOTARIZED SIGNATURE Swam to and subscribed before me AppbcaotJConsu This day �` 2 t:::2 sere: 7�c Date: g 1►� b� Sign Name Notary P&KC (Print ) State of(/,'-I ) Print Name of NotarY Street Address, city,State and Zip Code 'M .— — - ggGz raI}5 - �b5- 31(-3ZZCD Com :•.;4+, IrIq NIA. CAPPON m _- Te lephone No. &Fax No. $eat; D:PIS:June INDMDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple own�,Q�sub'ad lands �above to make auuttmrized nd file the (APplirant/C�ulras Remserta;ve) n oo �a��• aforesaid appl'rotion. Sworn to and subscri before me�Q owner: This day of Z�trfKtriHf *♦�� yQG f' Sipganature: g may/ e odf _ (Pft Name) '.GG @N i 4 State ( 1"i��(�'•.,Lbdemiex;.�♦O Q P ♦ Address ,State and Zip Code ' Name of Sim ' � Print N Commission Expires: Seal: Telephone No. &Fax No. �sr. City of Dania Beach Fire Rescue F o D Bureau of Fire Prevention 100 W. Dania Beach Blvd. 790� Dania Beach, FL 33004 Office: (954)924-3656 Fax: (954)924-3733 May 2, 2008 William Stamm 744 S.W. 12t' Avenue Fort Lauderdale, FL 33312 To Whom It May Concern: I have personally visited the site located at S.W. 4`" Court and S.W. 714 Street (B.C.P.A. Property I.D. # 5142 03 35 0140) and have reviewed the proposed Zoning Analysis plan. I find no issues with and have no objections to the vacated portion of property being utilized as the proposed drive entry for this site. if you have any further questions, please contact me at your convenience. Sincerely, ,1,—, —Z' Sean Brown Fire Marshal SEP 0 4 NOS Pianning Department AL LAMBERTI SHERIFF BROW.O.BQX 99ARD COUN'PY P FT.L,AUy)ERDALE,FL 33310 Memo. corinneLfijole City Dania Beach Plla mingg&ZZOniuS From: Detective Richard T `o Distictt#2 Crime Prevention Unit DWo; August 4,2bd8 Subject: Property SW 0 Ct. I reviewed the site Plan&vm David Pouliot requesting to vacate a small parcel of land along SW 0 CL I find no reason not to approve this request. MESS!5EP D 4 5B Department L Broward Sherffs Office DIWd 2—Da nla Beach 100 W. Dania Basch Boulevard Denis Beach, FL 33004 (954)9M400 (954)926 2404 fax F,A x- DATE: # OF PAGES: on coved FROM: SEP 0 u. 200E Planning Department If you have hnubla moWng this fax, ¢lease caN Dlsbict 2,(954).926-.24N SEP 0 4 20118 PEOPLES GAS 15779 West Dixie Hwy. Planning North Miami Beach, fiorida 33162 Department Bwd. (954) 763-8900 Dade (305) 940-0139 Easement & Right-of-Way Vacation Letter To: One Call Construction August 20, 2008 819 Peacock Plaza #133 Key West, FI. 33040 Atten. David E Pouliot Subject: Vacation SW 41h Court, Dania. (X) Teco Peoples Gas has no facilities within the referenced area , therefore we have no objection to this vacation. GJ J 7 l�! ngel Regionalal operations Manager { Peoples Gas has facilities in the alley, however we have no objections to the vacation. Angel L. Quant Regional Operations Manager ( � Peoples Gas has facilities within the referenced area to be vacated which cannot be relocated for technical reasons, however, we have no objections to this vacation providing the Underground Notification Bureau is notified prior to construction, so that all facilities can be accurately located. Angel L. Quant Regional Operations Manager ( j Peoples Gas objects to the proposed vacation for the following reasons: Angel L. ouant Prepared By: Y. Hong Ting Regional Operations Manager Atlas Page: C-1 B PEOPLES GAS I8771 S32-6747 15779 WEST OIXIE HIGHWAY FAX 13051 945-0171 NORTH MIAMI BEACH. FL 33162-6037 HTTP://www.TECDENERGY.CDM AN ECUAL OPPORTUNITY COMPANY comcast® Engineering—Design Department 2601 SW 145'"Ave Miramar,F133027 Tuesday, August 12, 2008 David Pouliot M CL I�3E1 One Call Construction �t %=.red moor moil in ad(fress n/�cis SEP 0 4 2000 RE: Vacation of Land P(an°II a SW 4'h Court Dania Beach,F1 Dep a arm ent Broward County Folio Number: 5143033350140 Comcast ID Number: 2814/ Comcast Node DB05 Dear Mr. Pouliot Please Be Advised, ...in reference to the proposed laud vacation at SW 4`h Court Dania Beach, F] Comcast has no existing facilities within this subject area and therefore, ...have no objection to the vacation of the land as referenced above. Should you have any further question, please feel free to call me at 1-954-534-7380 fax 1-954-534-7083 or e-mail at Leonard Maxwell-Newboidracable.comcast.com Sincerely, Leonard Maxwell-Newbold Regional Permit Administrator Comcast/Southern Division (RDC ) 8/12/2008 3:20:17 PM cc: One Call Construction file File MU1D#2814— 8/12/2008 3:20:17 PM August 11,2M David B POUNCIt Plesident 5739 TYk r St HD ywood,Fi 33021 BE Val ofF SW 46 CtDauis Bead 1T —Folio tf5142Q335Q140—f Ofs 12 13,14 SLK 2 To Whomitmoy conown: At this*Of,Fkrida Power&Ligbthas no objection to ft vat of the ea to the above ne9dowd sye,pendinga new FFL easement so less&IW is granted&r forme swvicz• Sio=*, Dvklht C Karnbt¢Ca R Projeav=w SEP D 4 IM Pian ing Departimnsnt compacy T. Gab�a Ganz AT&T -ssa�75- . clt&t �W SeF 3 F:454-3a-39n I pwaawm,FL David FMf-at One cal c0nstnJCli0n 345-787-7133 tiE.Vacation of the iZW-of-Way on SW 4$CT in[Zama 9 ,F-�� n alleyway adjacent to lots i2,13,14 Block 2(Book 22,P4- AT&T fas reviewed the property and the sUrVey of the siis as srsf by yr>ar°D • . Bounded as"Ovrs:on the North by the eas4eriy Prom ofr ft Noah bw of the fot 14 bfock 2, on the Souttr by the North Rift-&Way fine of SW 7m ST,on the East by the bq ft West j {Nay km of#0 Ronda East Coast Ra&Dad, and on the Wed b9 the East foie of Block 2. to the vacation of the easement as proposed•The dea dfor eloper an AT&T has no obj�n"beraspmugAq fortte relocation andfor removal of ali AT&T o of said y €hefe h• if ns+ y,the€oifow V� faafities and any costs amdatiad be met 1) Provide aUfteased or a oondtjit Path to rerahe the a f-"C • 2) Pay for the reiocadon of A eking blow flat serve the impacted area.. if I may be of fuftl'rer easista noa.Ply feel free to oomtact me at 9M476-2333. Rr;.74, fry! SEP o 4 1008 Gabrjeta V.Gonzalez E.I. Mgr oSP Ping&Engrg Design AT&T Florida 't"t: 0:(954)476-2833 C: (954)871- � F: (954)476-7329 VC-66-08 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 October 28, 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: VC-66-08—Request by applicant William Stamm, property owner to vacate a 40 foot by 200 foot alley located along the eastern property line of vacant property located on SW 4th Court in the City of Dania Beach. Property is legally described as: Lots 13 and 14 block 2, First Addition College Tract, according to the plat thereof as recorded in Plat Book 22, Page 10, of the Public Records of Broward County, Florida together with that portion of railroad alley lying adjacent to lots 12, 13 and 14, block 2, First Addition College Tract, according to the plat thereof as recorded in Plat Book 22,Page 10, of the public records of Broward County, Florida, Being bounded by as follows: On the north by the easterly projection of the north line of the aforementioned Lot 14 Block 2, on the south by the north right of way line of SW 7th Street, on the east by the west right of way line of the Florida East Coast Railroad, and on the west by the east line of the aforementioned Block 2. Said described railroad alley containing 8,000 square feet, more or less. 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 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, October 17, 2008 See Reverse side of this notice for a location map of the site Location Map: STAMM - SW 4TH COURT VC-66-08 - VACATION OF ALLEY RM 12 —. i SW 4TH TER---" _- ' _ I i -- -.—i—�-- I - _' t 1—�SW 5TH ST- .y_ SW 5TH ST—.—.-- w i-T T — J ._.---SW 6TH ST---- —J---� — SW 6TH ST —--- -r`—' z II ^—� --. r � Site —I_I=RD-SD00- —sw TTH ST-- Vacated —a 0 SW 7TH ST r -= I Ii _ Proposed Development r — �- � I Q -' I i SW 7TH TER - -- I u� I �:— —.._swaiHST-- ' I --i-r- .I G y a —'SW BTH ST s I — _ _ I rt— ., L.... —..SW 9TH ST SW 9TH ST— �, __— r— —...— —? . - _ — SW t OTH ST I -- OS L.—I RD-8000 E co c o E 0 ° 0 O N U) O U � U m E > > Ap m v o N 0 N n oo W r M (o r O (fl N M (D V V V O (D co V M O CO 0 O O m q a N CO m NM 0) O co co co co co � W t` co N co M N — M M r M M M M Cl) Cl) M O po M CD O M M M M W J V Op V M V V V V V V M D V M V V J LL O N O 0 0 0 0 0 00 N r- (V I O M O O O O LL 0 0 0 1 0 0 0 (D 0 0 0) O (D O CO W O (D O CO O O p (- J M (Mr) M V M M M M M M M M (p (M M M 0 M pNj (p ('') M CO C,4 M Co J CO LLI M M ❑ LLLLLLMLL LL LLV LL LL V LL � XLL � �V Co LLS V LLM V (ND LLLLN ❑ LL V � m U ❑pU < UUUOM UUMUQW O CD oo O U O M ULL M (r UU � WpO (� ❑ Q p ¢ w ¢ Q qw M Q ¢ M Q U J p M co U IQ ❑ M ¢ m X Q ¢ X D 0 M } m �jm � mm0..1 LJL. m m LL m � 5; LLLL mm LL m Q LL mmF- ¢ >j LL U Q J ¢ w ¢ Q ¢ ¢ Q Q ¢ Q Q T J ¢ Q W ¢ W ¢ Q Q Z ¢ Q Z F J ¢ �10 ¢ 0 ¢ YQ ¢ 000Q ¢ QZw0Q ¢ wQO ¢ ¢ � Q > ¢ ¢ 00 ¢ OLL01: 0 000000000JSo ❑ QOUo ❑ mom- oo1_ LL = O M m ❑ ❑ ❑ O ❑ X ❑ 0 x QY (r = W W F m r- !n U CO U N (n F li (n ❑ W W w W W I N ❑ W Z ❑ W > E- F" F" ❑ ❑ F= F- W ZF- d w W (p ~ J co Q ' F � oW p � W2 ZWWF r Z20 22N222W22w2 ¢ > w 2Z V � yN Q - � � F- aM Sw a (L O m - F- m N a LU _ W E co 0 � W � 2 Z � 3 � 3o � � � � u = ln2 � WCD � w020 E > o Qwov � O � (M- NNoo � o � 0r° NCD tMCDUnMOoovOirnmocmc� = U ^2c- (O W NM "N - (- n r- rI N N (D CD � h (D � dNI� N (O (D l� f� (+1r LL U O Q 0 J Q F' U Q ZZ ? 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Roam,Administrative Center,too West Dania Beach IN THE MATTER OF: Blvd.,Dania Beach,Florida 33004,for the purpose of hearing any comments which might be made to the following request: VC-e6-08-Request by applicant woliam,sti mm; VC-66-OS property,owner to vacate a 40 foot by 200 foot alley located along the eastern property line of vacant WAS PUBLISHED IN SAID NEWSPAPER IN THE ISSUES OF: property located on SINath court in the City of Dania Beech. Property is legally described as: Lots 13 and 14 block 2;FNStAddfirm College Tract,accatiing to the 10/17/08 13632213 plat thereof as recorded in Plat Book 22,Page 10,of the Public Records of Broward county, Florida AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER adjace t with that portion of.railroad r alley,tying dTather to lots ha 13and i1,block 2,First addition PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI-DADE COUNTY,FLORIDA, college Tract, according to.the plat:thereof as 'recorded fit Plat Book 22, Page to, of the ublic AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY records oferowardcounty,Florida,Being bount�edby PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI-DADE COUNTY,FLORIDA, as follows:on the north by the easterly projection of the north Ime or the afarementionep Lot'R efOCk 2; EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE on the south by the north right of way line of SW 7th POST OFFICE IN FORT LAUDERDALE,IN SAID BROWARD COUNTY.FLORIDA, sgeet. East Coast by fined.t d on the'are t by the Florida East Coast Railroad,and on tlwayri t of the FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF east line of the aforemernomed stock 2. said ATTACHED COPY OF ADVERTISEMENT:AND AFFIANT FURTHER SAYS THAT described railroad alley containing g,000squarefeet, more or less. HE HAS NEITHER PAID,NOR PROMISED,ANY PERSON,FIRM.OR CORPORATION, Copies of the proposed request are available for viewing in theCommunity Development DeDartment, ANY DISCOUNT,REBATE,COMMISSION,OR REFUND,FOR THE PURPOSE 10D west Dania Beach.Blvd., Dania 80C . Florida OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID NEWSPAPER. between the hours Of 8:00 B.m. and 4:00 p.m., Monday-Friday please call(954)924-6905 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 should or to participate in any I[ of these proceedings should Contact theDania city ach, L office, 100 W. DanlB Beach Blvd. Dante Beath, FL 33004,(954)924-6800 x3623,at least4&hours prior GNAT RE OF JE EY L.HIGG[N , L4NT) to the trending.,.. .. Any person who decides-to appeal any decision SWORN TO AND SUBSCRIBED BEFORE ME made by the Planning and zoning.Board or the city Commission,with r rtl to any matter considered at ON 17 OCTOBER 2008,A.D. a meeting-or beer ring will need4 a record of the p Godingsandforsuchpurposemay need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence t` �t1I J11'✓`r upon which the appeal Is to based. — ' —+ Lou AMCummnghann - (SIGNATUREOFNOTARYPUBLIC) Planning Associate actober17,2008 NOTARY PUBLIMTATE OF FLORIDA Noreen Rubin Commission#DD3656(ai Expires: OCT. 24, 20glb Bonded Thru Atlantic Bonding Co„D:c. (NAME OF NOTARY,TYPED,PRINTED,OR STAMPED) PERSONALLY KNOWN(X)OR PRODUCED IDENTIFICATION( ) 1150 E. ATLANTIC BLVD. BE POMPANO BEACH ACCURATE LAND SURVEYORS, INC. TELL (954) 782-1441 FLORIDA 33060 L.B. #3635 FAX. (954) 782-1442 SHEET 1 OF 2 TYPE OF SURVEY: BOUNDARY JOB NUMBER: SU-04-0813 08-0148, 08-1161,08-1429 LEGAL DESCRIPTION: LOTS 13 AND 14 BLOCK 2, FIRST ADDITION COLLEGE TRACT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. TOGETHER WITH; THAT PORTION OF RAILROAD ALLEY LYING ADJACENT TO LOTS 12, 13 AND 14, BLOCK 2, FIRST ADDITION COLLEGE TRACT, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 22, PAGE 10. OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, BEING BOUNDED BY AS FOLLOWS; ON THE NORTH BY THE EASTERLY PROJECTION OF THE NORTH LINE OF THE AFOREMENTIONED LOT 14 BLOCK 2, ON THE SOUTH BY THE NORTH RIGHT OF WAY LINE OF S.W. 7th STREET, ON THE EAST BY THE WEST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD, AND ON THE WEST BY THE EAST LINE OF THE AFOREMENTIONED BLOCK 2. SAID DESCRIBED RAILROAD ALLEY CONTAINING 8,000 SQUARE FEET, MORE OR LESS. ADDRESS: VACANT LOT DANIA, FL FLOOD ZONE: X BASE FLOOD ELEVATION: N/A CONTROL PANEL NUMBER: 120034-0308-F EFFECTIVE: REVISED: 10/2/1997 LOWEST FLOOR ELEVATION: N/A GARAGE FLOOR ELEVATION: N/A LOWEST ADJACENT GRADE : N/A HIGHEST ADJACENT GRADE : N/A REFERENCE BENCH MARK: N/A CERTIFY TO: 1. 2. 3. 4. 5. 6. EASEMENTS ACCORDING TO THE PLAT HEREON:NONE ABOVE GROUND ENCROACHMENTS ACCORDING TO THE PLAT HEREON: 1. ASPHALT ENCROACHES ON SOUTH SIDE. SEP 0 4 1000 planning Department DFLORIDA 1. THINS S RVEY CONSISTS OF A MAP AND A TEXT REPORT. ONE IS NOT VALID WITHOUT THE OTHER. N VAUD WITHOUT 2. OWNERSHIP OF FENCES AND WALLS IF ANY, NOT DETERMINED. iN ED NAL3. THIS SURVEY IS MADE FOR THE EXCLUSIVE USE OF THE CERTIFIED HEREON. TO BE VALID ONE YEAR LISEALCOF FROM THE DATE OF SURVEY AS SHOWN HEREON. CENTRAL ANGLE O.B. - DDED BOOK LEGEND OF ABBR MATIO IC. ARC LENGTH OF - CHAIN LINK FENCE S0. FT.- SQUARE FEET Co CHORD BEARING BLVD.- BOULEVARD P.C.P. PERMANENT CONTROL POINT R - RADIUS FNCH. ENCH. P.B.C.R.- PALM BEACH COUNTY RECORDS P.B. . PUT BOOK R/W - RIGHT OF WAY I.P. IRON PIPE P PUT O.R.B.. OFFICIAL RECORDS BOOK NND - NAIL k DISC F.F. - FINISHED FLOOR P.C. POINT OF CURVATURE P.R.M:- PERMANENT ROD REFERENCE MONUMENT P•O.C.- POINT OF COMMENCEMENT OAR.- GARAGE KIM - WATEPOINTR OF TANCDICY N.G.V.O.- NATIONAL GEODETIC VERTICAL DATUM P 0.8.- POINT OF BEGINNING ELEC.- ELECTRIC OH WATER METER U.E. - UTILITY EASEMENT A/C - AIR CONOTIONER SEC.- SECTION OH - OVERHANG ME - DRAINAGE EASEMENT fND. - FOUND TWP.- TOWNSHIP N - NORTH A.E. - ANCHOR EASEMENT C ATT.- CHATTAHOOCHEE RGE- RANGE EAST S SOUTH MAINT. - MAINTENANCE STA. - STATION CA - CENTERUNE E EAST ESMT. - EASEMENT F.P.L. - ASPH.- ASPHALT W - NOTTA CALF k LIGHT MH - MANHOLE OUNC CONCRETE B NV• - BENCHMARK B.C.R. - BROWARD COUNTY RECORDS (M) - MEASURED O.C.R. - DADE COUNTY RECORDS LP - LIGHT POLE P.T. - POINT OF TANGENCY 1150 E. ATLANTIC BLVD. ACCURATE LAND SURVEYORS INC. TEL (954) 762-1441 POMPANO BEACH r FLORIDA 33060 LB. /3635 FAX. (954) 782-1442 SHEET 2 OF 2 SET 1/2-wax ROD N CM 3BM LOT 15 / / EOuxo 1/3'wax / w PIPE no D./. BLOCK 2 n / FOUND 1/2"IBMs-os,w-a.e• I 144.85' / RDD k CM U3 3B35 Nuar o. —x x—x—x—x—x—z-I —x—x—x—x—x—x - / z23 } 'GE Idtro J xl/ wd' IF i } i i LOT 7 /� LOT 14 BLOCK 2 / / BLOCK 2 � / // $/N VACANT LOT 6 °vE"a1rwE'�� BLOCK 2 ( LOT 13 - / BLOCK 2 /� g114 SET W a c.Pm �'^ 4l /i m ID mm - —x—x—z— — — x=�103.32' T1rIBM MIKE Pd. uxy vd°O —AD D mx3 e l l I I O ` LOT 11 BLOCK 2 If k if i i o it LOT 12 BLOCK 2 g i i i I i I IF i I � i i � � O i Nm4 va. I I - I OEASTERLY ONE OF BLOtl(2 � � T I I i SET I c 1. MwoN .°�' I 10 F I LB mm N.R/W UNE - SET 1/2'IRW ROD kCW wvndlF: >' 0 M35 o TTED BY UTILI 9189INE URUTIES ^y SIN. 7th STREET.-.'.- a D 2a NOTe T 50' RIGHT OF 'WA . .::: .•':' --� UTILITIESMAN(FD INPNNr On GROUND BY • A�IIALr ' :;''•>(:f'':,•`.n>•minhN.::; W.�ra SUNSHINE UWUTTES. CUIIRACTONS,MWIIEPITs Arm ENaxFnEs GRAPHIC SCALE MUsr VERIFY BEFORE DESIGN OR �NCONSTRUCIIW. 1"�2O' 1.-OBW0111ERWSE NOM Hm MEASURDIDIT3 ME IN AOREDIENT MTH RECORD MEA3lIRElESHAD 2.THE IMI ;BOO HERE AAE BASED W A BFARMG OF N A Y Tlff IANOB SHOFN HEREON WEB HOTOTHABSRTTERD FOR BY RIQH9-OF-WAY.FA3URIl;,OR OTHER MATTERS OF RECUmS BY AC YE LWO SIRVEYORX MC. I THIS 13 RT CFATFY THAT I HALE REOEHILY BURVEYFD THE PROPflUY 4 THIS DBA ; S WE AMO wALID F MY NOT MDIMRe. MONUWENT N THE FCATED HISON THIS CMTW E, HALE AO On fWNp /9 A THIS GIAIBN6 IS THE PR OR aF ACMATB LOUD 9URLEYORS,NC. MD SHALL NOT BE USED (=MDW AS INDICATED W ME RA MD THAT sAD ABOVE I\/Hor vNW N1MUIr OR HIS SURVEY CONSISTS OR N PARN WITHOUT PORT. EIS NOT V& BEST My KN AHD SNE'ND ARE ACCURATE R TFY THAT T HIS 111E IONt E SI B,lW3 511RYEY CW9513 OF A MM AND 1E%r REPORT.WE Is NOT VAUO w1HWi ME OTHER. BEST OF MY ItxOFAIDOU AND BD&F.1 NRIHDi CETRIFY 1HAT THIS THE OwONAL RNSEO T.THIS SIRVEr IS MADE FOR THE E%m9VE USE OF ME CFAIaWD HFREW,10 BE SURVEY ME£Is MMNW IECXNCAL sTMDMps UNDER RUIE B1D1)-B SEN.OF A RWIDA V"ME YEM ERW THE DATE OF SURVEY a SON. RHEA jI%MO1RAIIVE C AOOPIEO BY THE FLOMA BOARD OF UDENSED SURVEYOR MIS SURVEY IS MADE FOR NWICASE MO RILE PURPOSES DrLY AND SODOM NOT BE USED MD MAPPER. FOR OE9W OR S PIwPOA3. LAND SURVEYORS.MAY IBB6 -'\ REVISIONS DAIS BY �^ LGCAIE URITES 011-06-06 ALIMS UPDATE SURVEY SU-OB-142B OB-zT-W J03 % �// OB-IT-OB -. UPDATE SURVEY su-ae-ue1 -' - M-ae u/AMs ROBERT L THOMPSON (PRESR1E11T) UPOAIE SURVEY SII-OB-01M i IB-ae m5 FROFESION&SURVEYOR AHD MAPPER No-7eeB-STATE OF ROI✓DA DA1E aF suRYEr DRAIN BY - CIO'!D BY ETm eoax MLW U21-53 SCALE 1"-20' w;®,SU-04-0813 02-10-01 W PtArynyBng CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 10-28-2008 Public Hearing ❑X Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance(2nd Reading) ❑ Award Bid IRFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2008-209 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE VACATION REQUEST(VC-67-08)SUBMITTED BY LINDA SOCOLOW,ESQUIRE WITH THE FIRM SHUTTS&BOWEN,LLP REPRESENTING HARBOUR TOME ASSOCIATES,INC.TO VACATE AN EXISTING 10 FOOT WIDE BY 600.07 FOOT LONG FLORIDA POWER AND LIGHT(FPL)EASEMENT LOCATED ALONG THE EASTERN PROPERTY LINE FOR PROPERTY LOCATED AT®J1 NE 3RD STREET IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A",A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION;PROVIDING FOR CONFLICTS',FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ VC-67-08: The applicant, Linda Socolow, on behalf of Harbour Towne Marina, is requesting to vacate an existing 12 foot wide by 600.07 foot long FPL easement located along the eastern property line. Also, the applicant is requesting a waiver of replatting. The site is located at 801 NE 3rd Street. Resolution Staff Report Application Public Hearing Notice Location Map Mailing List Survey Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Department Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Attorney Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-209 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA, APPROVING THE VACATION REQUEST(VC-67-08)SUBMITTED BY LINDA SOCOLOW, ESQUIRE WITH THE FIRM SHUTTS & BOWEN, LLP REPRESENTING HARBOUR TOWNS ASSOCIATES,INC.TO VACATE AN EXISTING 10 FOOT WIDE BY 600.07 FOOT LONG FLORIDA POWER AND LIGHT (FPL) EASEMENT LOCATED ALONG THE EASTERN PROPERTY LINE FOR PROPERTY LOCATED AT 801 NE 3RD STREET IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A",A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 3,Article 3, Part IX, as amended, of the Charter of the City of Dania Beach, sets the procedure for vacating and abandoning streets, alleys,and utility easements or other property dedicated to the public use; and WHEREAS,Harbour Towne Associates,Inc.wishes to vacate an existing 12 foot wide by 600.07 foot long Florida Power and Light(FPL)easement located along the eastern property line of property located at 801 NE 3`d Street in the City of Dania Beach and legally described in Exhibit "A", a copy of which is attached to this Resolution; and WHEREAS,the Planning&Zoning Board on October 15,2008,recommended that the City Commission grant the vacation request; and WHEREAS, after publication of notice as required by Section 3, Article 3, Part IX of the Charter of the City of Dania Beach, a public hearing was held before the City Commission at its regular meeting held on October 28, 2008; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, vacates the existing 12 foot wide by 600.07 foot long Florida Power and Light(FPL)easement located along the eastern property line of property located at 801 NE 3rd Street in the City of Dania Beach and legally described in Exhibit"A", a copy of which is attached to this Resolution. Section 2. That the City Commission finds and determines that the procedure for the vacation and abandonment of the subject easement has been in strict conformity with the requirements of Section 3, Article 3, Part IX of the Charter of the City of Dania Beach. Section 3. That all resolutions orparts 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. 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#2008-209 EXHIBIT "A" LEGAL DESCRIPTIONS The east 12 feet of the south 600 feet of the following described property: commence at the northwest corner of the east three-quarters (E '/4) of the southeast one-quarter (SE '/4) of the northwest one-quarter(NW'/4)of Section 35,Township 50 south,Range 42 East;thence proceed in an easterly direction along the south line of the north one-half(N 1/2)of the northwest one-quarter (NW'/4)a distance of 425.0 feet to a point;thence turn an angle to the right of 90 degrees 52 minutes 41.5 seconds; thence proceed in a southerly direction 673.0 feet plus or minus to a point;thence tam an angle to the right of 88 degrees 58 minutes 29 seconds;thence proceed in a westerly direction a distance of 425.0 feet to a point,then turn an angle to the right of 90 degrees 54 minutes 02 seconds; thence proceed in a northerly direction for a distance of 673.92 feet to the Point of Beginning of this description. lying Said lands situate 1 ' and being in the City of Dania,Broward County, Florida. 3 RESOLUTION#2008-209 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: October 28, 2008 TO: Ivan Pato, City Manager VIA: Corinne Lajoie, AICP, Prinnciipall Planner G C FROM: Kristin Dion, Planner "" SUBJECT: VC-67-08: The applicant, Linda Socolow, on behalf of Harbour Towne Marina, is requesting to vacate an existing 12 foot wide by 600.07 foot long FPL easement located along the eastern property line. Also, the applicant is requesting a waiver of replatting. The site is located at 801 NE 3`d Street. VACATION: To vacate an existing FPL easement along the eastern property line. WAIVER: The applicant is requesting a waiver of the replat to move forward with the vacation of the easement. City code requires plat submission and approval to vacate an easement. PROPERTY INFORMATION: ZONING: C-4 Commercial FUTURE LAND USE: Commercial The site is improved with a marina and is being processed for Harbour Towne Plat No. 2. The applicant indicates that an existing FPL easement interferes with proposed water and sewer lines and a new boat storage building. The City has granted a new easement to FPL on July 22, 2008. Therefore the applicant is requesting that the existing FPL easement be vacated. The project manager for FPL has no objection to this vacation. The Public Services director has reviewed this application and has no objection to vacation of the easement. PLANNING AND ZONING RECOMMENDATION: On October 15, the Planning and Zoning Board recommended approval. STAFF RECOMMENDATION: Approval. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE REVIEW SITE PLAN AND RETURN WITH COMMENTS IF ANY Route Date 9/10/2008i °�7jB��°,t. yyyy�,a�ttygggy.yp og IVC•67.08 _------- I _ t.J=_. 16 Project Harbour Towne Marina Vacation F lio �50-42-35-00-0160 o�T u z tooa -- — — PLEASE REVIEW THE ABOVE REFERENCED PRObECT NWCON"g50 TO 13E INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF Ee90M1[dENDB.LL�it �f1.FH PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. ss•.°?t " [6��" ii Route Via: Mail ❑ Pick Up ❑ In-house C Fire Marshal ❑ Landscape ❑ BSO ❑ Public Services Planner '�' Other Consultants CGA - Approved as mitte " De ' d ❑ -_ Comments must address prior ❑ Approved w/conditions ❑ \� to PZ/Commission hearing List Conditions \ 5� S�- t ^"-Q Z ICA v*z. Signature ^� Date �1' it ,� Print Name CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET ____------- SCfE PIAN AND: 4 u Route Date 9/5/2008 C SEP 2 Z�DB PZ tg VC-67.08 F io 50-42-35-00-0160 Project Harbour Towne Marina Vacation I �_ (Vacation of FPL Easement BE TED IN PLEASE COMMUN ITY DEVELOP THE PMENT DIREFE ECTOR S STAFD PR�RECOMMENDATION TO TOHE PILANN NG AND ZONINGS BOARD AND CITY COMMISSION.THANK YOU. Mail In-house ❑ Ma IJ Pick Up Route Via: Landscape BSO ❑ Fire Marshal ❑ Planner ❑ Other Consultants CGA Public Services ❑ Approved as submitte Denied \ Approved wlconditions Comments must address prior L to pZ/Commission hearing List Conditions .. Date Signature �O M►eJ l r m- tFrZo (�1�� Print Name -—————————$—— — — City of Dania Beach Ref.No. VA-67-08 DEVELOPMENT REVIEW COMMITTEE ENGINEERING REVIEW# 1 Project Information Project Name: Harbour Towne Marina Vacation (Vacation of FPL Easement) Project Address: 801 NE 3rd Street, Dania Beach, FL 33004 l ° Name of Owner: Harbor Towne Association, Inc. Name of Applicant: Linda H. Socolow, Esq. SEP 2 3 2009 Applicant's Address: 200 East Broward Boulevard, Suite 2100 Fort Lauderdale, FL 33301 i Contact Number: 954-847-3839 k Comments: Since there are no known utilities on record, we have no objection to the proposed vacation. Reviewed by: Ronnie varro, P.E. Project Engineer Municipal Engineering Division ^ Calvin, Giordano &Associates ZT���2--n���'� Concurred: Dominic Orlando, P.E. Director of Public Services City of Dania Beach, FL City of Dania Beach, Florida Department of Community Development Planning and Zoning Division (954) 924-660S Phone www.daniaboachff.gov General Development Application ❑ Administrative Variance ❑ Assignment of Flex/Reserve Units Plat ❑ Land Use Amendment 77Petltion TIT ❑ Plat Delegation Request �{ S O❑ Rezoning Date Rec'd: ❑ Site Plan❑ Special Exception No.: ❑ Trafficway Waiver Plan ' r1a ❑ Variance e;SEA i`t;r & ❑ Roadway Vacation ❑ Extended Hours m Other: FPL Easement Vacation 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: 801 N.E. 3rd Street, Dania Beach, Florida, 33D04 Lot(s): Block: Subdivision: Recorded Plat Name: Harbour Towne Marina Folio Number(s): 5042350DO160 Legal Description: See Attached Appiicant/Consultan egal Representativ (drde one) Linda H. Socolow, Esq.. Shutts &Bowen LLP Address of Applicant: 200 East Broward Blvd. Suite 21 DO Fort Lauderdale, FL 33301 Business Telephone: 954-847-3839 Home: Fax: 954-BBB-3076 Name of Property Owner: Harbour Towne Association, Inc. Address of Property Owner: 16633 Ventura Blvd, #6, Encino California, 91436 Business Telephone: 954-926-0300 Home: Fax: 954-922-5485 Explanation of Request: Vacation of FPL Easement For Plats please provide proposed Plat Name for Variances please attach Criteria 5yatement as per Article 10,13 of Chapter 28, Zoning Code. Prop. Net Acreage: 20 +1- Gross Acreage: Prop. Square Footage: Existing Use: Marina Proposed Use: Marina Is property owned individually, by a corporation, or a joint venture? Corporation I understand that site plan and variance approval automatically expires within 12 months of City Commission approval, pursuant to Ordinance No. 2005-040. Applicant/Owner signature Print Name Date APPLICANT,CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE swom to and subscribed before me Applicant/Consultant/Representatve: This-�S—day of- 20 Signature: �eJ I-LD r Date: Q' 03 r7 sf Q„�r* �rl�1V\ LCrJ(J1r F!. S CcOCc�C� =C ?"'Sign Name of Notary Public (Print Name) Stfate�of( �) m E nA�nGLl • iS_V ��`► �JQ (3/( �W ftft D �� D �tl�a 0 0 tPdnt Name of Notary Street Address, city, State and zip Code N 3 � j Commission Expires: S �� ep o' No. 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 m make and ave authorized e the (Applicant/Consultant/Representalive) aforesaid application. Sworn to and subscribed before me Owner: This_day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City,State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. SHUTTS BOWEN LLP E-Mtn.ADDRESS: H.SOCOLOW,ESQ. ts.com Member Florida Bar lsocolowQa shutu.com (954)847-3839 Direct Telephone (954)888-3072 Direct Facsimile September 5, 2008 i Thomas Ansbro, Esq. j 5EP 0 5 2008 City Attorney - City of Dania Beach I 100 West Dania Beach Boulevard i `°^' :'ear-:€' i �' Dania Beach,FL 33004 N Re: Harbour Towne Marina—FPL Easement Vacation Dear Tom: As you know, our firm represents Harbour Towne Associates on matters related to the Site Plan and Plat approval for Harbour Towne Marina. We have been processing the Harbour Towne Plat No. 2 and realized that an existing Florida Power and Light ("FPL") easement interferes with our proposed water and sewer lines and the new boat storage building. Pursuant to this,the City of Dania Beach granted an new Easement to FPL on July 22, 2008. We are now requesting that the City of Dania Beach vacate the existing FPL easement. We have met with Dominick Orlando and Dwight Kombluth, FPL project manager, and they have no objection to this vacation. Enclosed find following documents for your review and records: 1. General Development Application 2. Owner's Letter of Consent 3. $1000.00 Application Fee 4. $2100.00 Cost Recovery Fee 5. Ten(10) copies of the Plat 6. Ten(10) copies of the Site Plan 7. Two (2) copies FPL "No Objection" Letter FTLDOCS 5267770 2 Thomas Ansbro,Esq. City Attorney—City of Dania Beach September 5, 2008 Page 2 S. Existing FPL Easement granted from Nautical Yacht Basin to FPL Please schedule this item for an upcoming City Commission meeting. Thank you for your consideration in this regard and please contact me if you have additional questions or comments on the pending application. Yours very truly, SHUTTS &BOWEN LLP X�iw 6CA 1j;'a�k&U Linda H. Socolow fSEP 0 5 2009 V t'Fa" n FTLDOCS 52fi77702 September 5, 2009 Corinne Lajoie City of Dania Beach 100 W. Dania Beach Blvd. Dania Beach, FL 33004 RE: F.P.L. Vacating Process @ Harbour Towne Marina Dear Corinne: Please allow this letter to serve as authorization for Linda Socolow to act as our agent for Harbour Towne Marina with regards to the F.P.L. vacating process. Sincerely, D 4/Snyi P 0 5 Z008 Harbour Towne Marina SE Florida Power§Light Company,4DDD pp hone:�(954)"2-6350,Fac(954)442-6340 FPL � 7 0 August 28,a008 SEP D 5 20BE plc�?f ing Linda SOcolow Department Associate 200 B Broward Blvd Ste 2100 Fort Lauderdale,F133D01 RE:Vacation of Easement Recorded under ORB4 7684 PG 569 B.C.R under grantor Nautical Yacht Basin of Florida,Inc. To Whom It May Concern: At this time,Florida Power&Light has no objection to the vacation of the easement Pelt Sning to tiTe above mentioned site,pending a new FPL easement no less than 10'is meted for future service and relocations necessary for any existing services,at no expense to FPL. Sincerely, 9DWigC Kornbluth R Project Manager as FPL Group compaaY ,RJL-30-20080ED) 13.15 PARAfdClBdf ERIGINEERI% aW INC (FAX)5519892284 P. 002/003 m`a�' Ro �aF ti twu j hUiA 1p Z'J' FAb'�bTE7�Tf ' D� f ��t:l g8[55 Ft � . •'� =tam �4 tcrr - R{t. �!1 t A. F. C� }'r•* 78-1 42 ,� .' : �� SEP 0 3 2008 3Hdf3 btt'1.4 7-T2O Seetian 35 C-t 5.- t B t g ERNO.SAll3E� y ref�TRr �.Srt,r� 7oernsftiP �— t�repartmt ent F.P.Na. y.i L:..,,.4, ltattgc Pak FLOWDA Pav a1; F LiOffT COMPA0 — Etiarai,•3�4ta pLOWDA PnWWM & 11C.HT COWANY, o .l'imtlernra: P.Q!l�+Y,•¢+Sty -�I" )ft{Ault.CLJIZI��J4=<�t d. �. The ut+dLasitsted, amacr (5).of the p�a� d=rfbed below, tG wns al-ton of the EE riPt'or widcb prfuumt or S l.M and.atlrcr Good and rsirable Caasiderattaa q, the adequa amt rer .ic Juvrb3`ack:tamledgtd, Sae+t': Pd'Si"40•`Y3o T$ds.PvMwk'k Eft Cortrllim-4 its Ac�it�5.?ltmr; a ` eucecwrs% and asog>n.za'casentcaf for lite cansiruetion, orgration nod�t in ooadnitS and d . and•¢ndurground ekctt'ir 513itY fariliius (indadinS were€ ,Tula. fio?4 nppterttnattl iiPMatl to be insta ad from time W time:vtth the rift 1 to iccahcL PM'tY ro, m aid to, etdage, change the aze of sled rmtorc We f¢c lilies or anY ar titetn on the!%roFal3 descn'tutt a i:o0aws - -- The, East CmOf theSo tiort6ttvtesC xoxaerf the 'ilastt three-quarters ProP= y%. (E 31 ) of the Southeast one- (BE k) of the Northwest oae- gaazter {iaFT ) o swsvdoa 3$: 7ovenship So r6t.th. 8zmya {t2 •Fasts thenceOf praee4 is an.Easterly direation along tine South line of the North of the Ndatt_hw st wee-quarte ( a distance ofo F ;�`,.• , aaa-ltalP {L } s to thz «ight a£ 9D -52 -4l 5`; 425.0- feet to, a, _eto5,at;..thmm tuna• n a?tg7 s. thence proceed -in a .southerly diractLnn 673.0 !eat Plus or minus to s Po3at; thence tux=t an gle to the right of 88o-5Bt-29"•t t>zeace gxom2d dsx a:ideatatly •3i=er_tiun a riista era of 425.D t to •e'paixtt. then tL1=A an angle to. tlae right of ge-541-02"i thanes preened.i-t a (very and..M,tiro ruBCS1 rxtew the an*n*rfeel has the Po= w Sant, If.at all, over,.=tong and under the'rmcs Areefs•ar or lbroweissa16,Property. TUC fotlaWing rlgtfts.aro elan grant xi to aide:.ally cuter prison, Pixel or o0ero•+tiott to stta:h wires to any 11001im hetetittdrr and hY cahlc wid eondteit widen the rich' of u!aY?rid to aperate Abe•were•tar•rormnu'tiim[ions PatPastx:3a Itegtdsx�std avers-to laid premitvs.'at:t;;l-times.; to id= tire lard and ken, it cleamd of ail [rare, aaddrgtowth or oti+cr abjeauiNaas duqwith; the easemcmt area: to trim sad, au, and keep ui.ntand mad chit all dead,weak, tea¢ta8 or datnSec'otts trews ar t mbs oabide OF the csem iant sera whiell aiiet, Ituerram V4(lt'or-'fhn.tg3= the Ruts or ifr rystcrns af.aoastvntt aeons ar•rawer t„nsue aao or snfbnfim tH'Wr i'NESS WHEREOF,the undecsirwel hs-g•,Flasidd and sealed this agt.•etetenf otr .tt•T•�7,�.�.—. [9..7�.-.• N .deal 'Aarht au1n.af Fla awe, . 5ippLd,seal. nd dr}irtrrd io ux r: n — t= . e r.eta i " ninla.0 hall,. Serf e` n Atc�sx,Ci.. . cc suzeo 1°A AND eatMTt ai ti rn ' IYFtE Curowr1` aw-j':fam_u+c,lSrrsanatly ppcnlert GeWa�f4 hall to PAGEN'RMATTM2082;21:NPf4�astemDayflgtltTirn)°sv���t�'Rf�536�itc�o:s�ss�2zs�tuu�Tia�( ka�� AJL-30 20�t14®; 13:15 PARk4DLh7 ENGINEERING GRWP INC (FAX)5519892284 P.003/003 gerrtTssrlg.ddraw:t a ftr a dinsam of 673.02 fast to the paint of D DaKa doe n �`mb ..a£tuattt I9in jmd bet= � '�•ln-�•61�Tti.M�g�{�ff7ADPhV+ Lam. SY�y05FgR106 s EDepa. a"� i i e tn'r a I+ w PAGEEtRCVDAT7M=�t136P� asfernD tTimef°St�R:FAKS ER�9nD�S 12`CSWS8t984�69`DURATIDN n�s�:�938 a VC-67-08 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, October 28, 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: VC-67-08 — Request by applicant Linda Socolow, Esquire with the firm Shutts & Bowen, LLP representing Harbour Towne Associates, Inc. for property located at 801 NE 3rd Street in the City of Dania Beach. The request is to vacate an existing 12 foot wide by 600.07 foot long Florida Power and Light (FPL) casement located along the eastern property line. Property is legally described as: The east 12 feet of the south 600 feet of the following described property: commence at the northwest comer of the east three-quarters (E 3/4) of the southeast one-quarter (SE '/4) of the northwest one-quarter (NW '/4) of Section 35, Township 50 south, Range 42 East; thence proceed in an easterly direction along the south line of the north one-half(N 1/2 ) of the northwest one- quarter (NW '/4) a distance of 425.0 feet to a point; thence turn an angle to the right of 90 degrees 52 minutes 41.5 seconds; thence proceed in a southerly direction 673.0 feet plus or minus to a point; thence turn an angle to the right of 88 degrees 58 minutes 29 seconds; thence proceed in a westerly direction a distance of 425.0 feet to a point, then turn an angle to the right of 90 degrees 54 minutes 02 seconds; thence proceed in a northerly direction for a distance of 673.92 feet to the Point of Beginning of this description. Said lands situate, lying and being 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. 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 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, October 17, 2008 See Reverse side of this notice for a location map of the site Location Map: HARBOUR TOWN ASSOCIATES VC-67-08 801 NE 3RD STREET DANIA CUT-OFF CANAL HARBOUR TOWNE -NE 13RDITE9 Sue t be 4e 0 Zo VVaLW-!d� C-4 II T- I G) C jla----�NEMCST C?l Os --J-COL -- NE 2ND PL RM m cc) c co C O O O .@ r .� N U C > O O f r O 0 j O N O O O W a r CD a N Q V ID r r LO W W CO W W M 0 M M NO r O N N N = M M O CD O CD LO O O O O O O O O O M r 0 0 (9 M M V d) W O) a1 (p W m Q) 01 Q7 O) O O W M 6) O (O M J J V V LL LL O 0 VO OV M W V OV V C) OV V O0 V OV JLL OV VV OV OOO WOOOOO V J J M M M co M M r M M M M M M M M M J P') m CO CO ¢ ¢ J J J J J W (.Oj J J J J J J J J J ¢ J J J J ❑ 0 LL LL LL LL LL V LL LL LL LL LL LL LL LL LL U LL LL LL LL Q- C]fS2222 LU W � 222222222 W SZ S2 W W WU O DW UW0) W (D UWWWWWWWWW J m z m m UI- H ¢ ¢ Q ¢ Q ¢ Z ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ F ¢ J ¢ ¢ 2iooaaa ¢ aaza ¢ aaaaaaaoaWaa.---� c> LLLL00000 � w000000000LLo � o,o co ;j N') 0< > J CO cW ¢ U W [0 W N w 00 0 � W Jw '��� too J N N W W H 1-" F- F-' Z Q' f' H F-' H F-' J J J J O > > % N c._ o; w � � cnrncn np � (� (q (n (A (nao. ao. � ¢ U ¢ ° °�� EN � � ~ 0000 � F 000000 ❑ 00 � 2025 0� �,� � O0 O ¢ O � wwww0jwwwwwwwwwxwCL Yso°� Boa Fria z < o: DwwwwOmzzzzzzzzzmzOzo LL U O Q t0 O (O M M 0 O 0 O V W N W (O M O r CD r V W M M V M M W M M M V V V V M M O r (0 r M W (0 (0 0 W M r W W (0 (0 (0 W W W (O a M r r- N Z 0 '� O ON CO U m Z O O F J U W 0 00 z O z U u a W ° J LLI g C) oLL 2 z QZ z Y 2 (n � � LL Z W WLU WU (q JZJ � W Z pz = � ¢ Z = NW = UJfn WW W F~- p W Q_ SaZO � U Ja w 02 OR: J I- ¢ U U O F- z N W j W 2 wUw � ¢ ¢ ¢ �s ¢ F— MW _, Z Jzp � U ¢ z ZOO — � zc' WZ W 06 - ly �- � UfyW W ¢ aQ m J = � �LU Z �U UOQo -JzY ¢ � 000 � j) z � m It0 } � WWO � 0 O ¢ O Z zaLL Z � � K az2 ? O <J ¢ w ¢ 2 ¢M � OoJ00 ¢ J ¢jM a > aUU m V U V O r N V LO 00 00 0 0 0 0 0 0 00 0 0 0 0 0 LO W W W W LO 0 N M V (O W 1� W W r N r Ul r 0 0 0 0 0 r 0 0 0 0 0 00 0 00 0 0 0 0 m m LL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r r r r ` ` O t p f O L (h M O CD O O O O O r r r N 'C E 0 0 0 0 0 0 0 0 0 0 r r N N u7 In � 6 U( � l to to Ln 6 In L6 N l0 Ln 6 Ln 6 In 6 O N N M M M M M M M M M M M M M M M M M P7 M M M N > COLO i i i i i i i i i i 01 0 > @ N N N N N N N N N N N N N N N N N N N N N N N y� D o Q a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o M ¢ LO l0 t0 0 u7 0 U0 t0 10 0 UA l0 t0 LO 0 0 10 LO tI] l0 t0 t0 04 SunSentinel PUBLISHED DAILY FORT LAUDERDALE,BROWARD COUNTY,FLORIDA BOCA RATON,PALM BEACH COUNTY,FLORIDA MIAMI,MIAMI-DADE COUNTY,FLORIDA STATE OF FLORIDA COUNTY OF BROWARD/PALM BEACH/MIAMI-DADS NOTICE OF PUBLIC HEARING BEFORE THE UNDERSIGNED AUTHORITY,PERSONALLY APPEARED - CITY OF DANIA BEACH NOTICE 15 HEREBY GIVEN that a public hearing will JEFFREY L.HIGGINS,WHO,ON OATH,SAYS THAT HE IS A DULY be held before the City Commission, on TUESDAY, AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED DEPARTMENT October 28,2008 at 7:00 p.m.,or as soon thereafter OF THE SUN-SENTINEL,DAILY NEWSPAPER PUBLISHED IN ae possible in the Dania Beach city commissionRoom.Administrative center,100 west Dania Beach BROWARD/PALM BEACH/MIAMI-DADE COUNTY,FLORIDA, Blvd.;Dania Beach,Flonda'33004,for the purpose of THAT THE ATTACHED COPY OF ADVERTISEMENT,BEING A: hearing,any comments which might be made to the following request: VC-67-08 -Request by appitoant Linda secolow, NOTICE OF PUBLIC HEARING Esquhe Win the firm shutts It Bowen, LLP represemhlg Harbour Towne ASSOclates, Inc. for prope%located at Sol NE 3rd street in the city of IN THE MATTER OF: Dania 6 ach.The request is to vacate an existing 12 foot wide by 600.07 foot long Florida Power and Light (FPU easement located along the eastern property' VC-67.08 lift. i Property is legally described sst The east l2feetof the south. 600 feet of the following described WAS PUBLISHED IN SAID NEWSPAPER IN THE ISSUES OF: property.commence at the northwest Corder Of the I east three-quarters (E 3L) of the southeast one quarter ISE Y.)Of the northwest one-quarter(Nw 7) Of section 35,Township 50 South, Range 42 East; 10 17 08 13632219 I p S / / Muth r line,of t to an easterly direction 1 along.the .wmh:'Me.of Me north prle-hal! (N i/2) M the AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER northwest One-quarter(Nw A.)e distance of 425.0 feet to a point:thence turn an angle to the right of 90 PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI-DADE COUNTY,FLORIDA, degrees s2 minutes 41.5 seconds;thence proceed in AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY a somberly,then direction angle feet plus a 83 de re s point;thence turn an angle f et right r e8 degrees PUBLISHED IN SAIDBROWARD/PALM BEACH/MIAMI-DADE COUNTY,FLORIDA, 58 Minutes 29 seconds;thence proceed In a westerly areaton a distance of 425.0 feet to apomt.then turn EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE en an le to the right of 90 degrees 54 minutes 02 POST OFFICE IN FORT LAUDERDALE,IN SAID BROWARD COUNTY.FLORIDA, x :thence proceed in a northeriyarectionfora distance Of 673.92 feet to the Point of-Beginnyg of FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF t� of tame said ands shu te, arut being in ATTACHED COPY OF ADVERTISEMENT:AND AFFIANT FURTHER SAYS THAT e City oopies D the proposed ountytFa e�sveilame for HE HAS NEITHER PAID,NOR PROMISED,ANY PERSON,FIRM.OR CORPORATION, viewing in the Community Development Department, ANY DISCOUNT,REBATE,COMMISSION,OR REFUND,FOR THE PURPOSE too Wert Denfa Beach Blvd.; Dania Beach, Florida OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID NEWSPAPER. Nay-Friday hours.of call(9 a.m. -68and a:00 p.m., day pyate call d pa ties-my appear for more public hearing interested be hp rd with may appear at the posed hearing and be heard with respect ro the proposed dancer. / to accordance withthe Americans top With Disabilities Act/1 oft these proceedings assistance toparticipate in any ofthese Proceedings should contactthe Be Clerk's orRce, 1W W. Davy Beach Blvd,le Dania Beach; FL 33Wa,(954)924-6800 x3623,at vast 48 hours prior IGNATURE OF I IWFEY L.HIGGI ,AFFIANT) to the meeting: -. Arty yrmfng and Zoning perwn who decides'-to_appeal any decision made by the Ping Board or the city SWORN TO AND SUBSCRIBED BEFORE ME Commission with regard to matter considered at ON 17 OGTOBER 2008,A.D. M meeting or hem regard wolf a record of the; Proceed! a for such purpose may need ro ensure that a vfirlgs atim record of the proceedmia;Is made, Which record includes the testimony and evidence UPpn which the appeal is to based. LOn AMIl11Minghant (SIGNATURE OF NOTARY PUBLIC) October Associate 0 NOU"PUBLIC•STAT$OF FT ORIDA Noreen Rr bin Commission#DD365661 ➢ondedThmAA�cBBonding4Co 00$ (NAME OF NOTARY,TYPED,PRINTED,OR STAMPED) PERSONALLY KNOWN(X)OR PRODUCED IDENTIFICATION( ) CITY OF DANIA BEACH DEPARTMENT OF FINANCE MEMORANDUM TO: City Manager Memo: DFA-08-30 FROM: Patricia Varney,Director of Finance V DATE: October 22, 2008 SUBJECT: Solid waste assessment collection through tax billing During the FY 2008 budget process, the Commission has approved staff to implement solid waste assessment collection in the east section of the City to be collected under the ad valorem tax bill instead of the monthly water and sewer bill. The City passed an ordinance in 1996 to allow the uniform method of collection under Florida Statute 197.3632. The City further passed a resolution in July 1996 stating this method be used for properties located within the Griffin Road Annexation area. When staff approached Property Appraiser Office in March, 2008 they feel more comfortable that the City advertised the expanded area and a resolution be adopted. However, according to the Florida Statute, such resolution must be passed before January 1. Therefore we were unable to implement such method of collection for FY 2009. Staff is preparing to implement this collection method for FY 2010. The Statute requires the City to advertise this intent weekly for four consecutive weeks prior to the adoption of the resolution. As there is cost incurred, I want to ensure that the Commission still agrees with such method of collection prior to the City advertising this intent. With the law changes, the City can no longer transfer unpaid balance from tenant to owner. Also, for vacant properties, the City experienced non-payment by homeowners. When the owner rent out the vacant property, under the new law, the City cannot refuse service to the tenant, and the outstanding amount from the owners remains uncollected. Therefore, under the water and sewer billing method, the City currently has an outstanding balance of approximately $18,000. With the uniform method of collection under the tax bill, this will reduce the City's outstanding balance as well as providing the homeowner a discount should they pay their taxes prior to March. For those homeowners who escrow their taxes through their mortgage, the solid waste assessment is still made on a monthly basis. This assessment only affects residential unit of 4 units or below. Page 1 of 1 Stilson, Louise l� From: Varney, Patricia Sent: Wednesday, October 22, 2008 7:16 AM To: Palo, Ivan Cc: Stilson, Louise Subject: Solid waste assessment I've asked Louise to put on discussion at the agenda for next Commission meeting with regard to solid waste assessment billed under the tax bill instead of the water and sewer billing. The Commissioners has agreed to do so during the FY 08 budget. However, when we were ready to do so, Broward County Property Appraiser Office stated that we should treat this as if we were doing it the very first time to use tax billing as collection, and that there are deadline for us to meet according to the Statute, of which it was too late. One of the requirement is to advertise weekly of this intent for four weeks prior to the public hearing and the resolution has to be passed before January 1. 1 hate to waste the money on the ad for four weeks and the Commission change their mind. So before I asked Louise to place the ad, I want to make sure they are still on the same page. I want to make sure the discussion item is ok with you, or do you want to mention it at the City Manager's report during the meeting, or do you want me to call each one of them personally. Patricia Varney Director of Finance Please note new phone number and fax number (954) 924-6800 Ext. 3620 (954) 922-5619 (Fax) 10/22/2008