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106342 - AGENDAS - City Commission Packets
AGENDA DANIA BEACH CITY COMMISSION REGULAR MEETING MONDAY, NOVEMBER 10, 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 Father Roger Holoubek, St. Maurice Catholic Church 3. PRESENTATIONS AND SPECIAL EVENT APPROVALS 3.1 Executive Search Services Presentations 3.1.1 Colin Baenziger& Associates 3.1.2 The Mercer Group, Inc. 3.1.3 Waters-Oldani Executive Recruitment 4. PROCLAMATIONS 5. CITIZEN COMMENTS Addressing the Commission: Comments by Dania Beach citizens, or other interested parties that are not part of the regular agenda, may be made during each Commission meeting during the period set aside for"citizen comments." A thirty(30)minute"citizen comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine, on a meeting by meeting basis, whether to (a) extend the time allotted for citizen Dania Beach City Commission Agenda—Monday, November 10, 2008 Page 2 of 5 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 7. CONSENT AGENDA 7.1 Minutes: Approve minutes of October 28, 2008 City Commission meeting Approve minutes of October 30, 2008 City Commission workshop Resolutions 7.2 RESOLUTION#2008-215 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING AN AMENDMENT TO THE FLORIDA CONSTITUTION TO REQUIRE THE FLORIDA LEGISLATURE TO OPERATE UNDER THE FLORIDA SUNSHINE LAWS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING AN EFFECTIVE DATE. 7.3 RESOLUTION#2008-216 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO FULLY FUND AND SUSTAIN BROWARD COUNTY'S TRAFFIC MAGISTRATE CITATION PROGRAM; IN THE ABSENCE OF FULL FUNDING BY THE LEGISLATURE, URGING THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, THE BROWARD COUNTY CLERK OF THE COURTS, THE BROWARD SHERIFF'S OFFICE, THE POLICE CHIEFS' ASSOCIATION, ALL MUNICIPALITIES IN BROWARD COUNTY AND ANY OTHER INTERESTED ENTITY TO COLLABORATE TO DEVELOP A MECHANISM TO PROVIDE SUFFICIENT FUNDING IN ORDER TO CONTINUE WITH THE BROWARD COUNTY TRAFFIC MAGISTRATE CITATION PROGRAM; URGING THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY AND ALL MUNICIPALITIES IN BROWARD COUNTY TO CONSIDER IMPOSING A SURCHARGE ON ALL TRAFFIC TICKETS ISSUED WITHIN THE COUNTY TO ASSIST WITH THE FULL FUNDING OF THE TRAFFIC MAGISTRATE PROGRAM; URGING THE ABOVE-REFERENCED ENTITIES TO JOIN IN THIS REQUEST FOR FULL FUNDING OF THE BROWARD COUNTY TRAFFIC MAGISTRATE CITATION PROGRAM; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Dania Beach City Commission Agenda—Monday, November 10, 2008 Page 3 of 5 7.4 RESOLUTION 42008-217 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING FILING DATES AND PROVIDING FOR THE CALLING AND HOLDING OF A PRIMARY ELECTION IN THE CITY OF DANIA BEACH, FLORIDA, ON TUESDAY, FEBRUARY 10, 2009 FOR THE PURPOSE OF NOMINATING CITY COMMISSIONERS TO BE VOTED UPON AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 10, 2009; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2008-218 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH DR. BRENDA C. SNIPES, SUPERVISOR OF ELECTIONS OF BROWARD COUNTY, FLORIDA IN CONNECTION WITH THE SELECTION OF POLL WORKERS FOR CITY ELECTIONS IN 2009; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION 42008-219 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXTEND THE CONTRACT WITH SUNGARD PUBLIC SECTOR, INC. (FORMERLY HTE, INC.) AS AN APPLICATION SERVICE PROVIDER UTILIZING THE SUNGARD PUBLIC SECTOR SERVER AS THE HOST COMPUTER SYSTEMS FOR A PERIOD OF FIVE YEARS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles read by City Attorney) 7.7 ORDINANCE#2008-030 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO FLOOD REGULATIONS; AMENDING CHAPTER 12, "FLOOD DAMAGE PREVENTION" OF THE CITY CODE OF ORDINANCES TO CREATE A DEFINITION FOR THE TERM "MARINA" (SECTION 12-5, "DEFINITIONS") AND CREATING A SPECIFIC BASE FLOOD ELEVATION FOR MARINAS (CODE SECTION 12-52 "SPECIFIC STANDARDS"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 8. BIDS AND REQUESTS FOR PROPOSALS Dania Beach City Commission Agenda—Monday, November 10, 2008 Page 4 of 5 9. PUBLIC HEARINGS 9.1 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 5E-03-06 GRANTED BY RESOLUTION 2006-106; VACATION VC-03-06 GRANTED BY RESOLUTION 2006-112; AND SITE PLAN REQUEST SP-03-06 GRANTED BY RESOLUTION 2006-107, FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENI, FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE 11T COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from October 28, 2008) 9.2 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. (Continued from October 28, 2008) 10. DISCUSSION AND POSSIBLE ACTION 10.1 Update on Enterprise Zone expansion and boundary adjustments — Assistant City Manager 10.2 Discussion— Direction to staff on how to proceed with Election results regarding the sale of the Boisey Waiters property, Election Date change, and two-year term for Mayor 11. COMMISSION COMMENTS 11.1 Commissioner Anton 11.2 Commissioner Bertino 11.3 Commissioner Flury 11.4 Vice-Mayor Castro 11.5 Mayor Jones Dania Beach City Commission Agenda—Monday, November 10, 2008 Page 5 of 5 12. APPOINTMENTS 12.1 Airport Advisory Bo azd(15 Members—3 per Commissioner—2 Year Term) Commissioner Anton— 1 appointment Commissioner Bertino— 1 appointment Commissioner Flury— 1 appointment 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— 1 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,November 20, 2008 —6:00 p.m. Abatement Hearing Tuesday,November 25, 2008 —7:00 p.m. City Commission Meeting Monday, December 8, 2008—3:30 p.m. Tentative Joint Meeting with City of Hollywood Tuesday,December 9, 2008—7:00 p.m. City Commission Meeting 14. ADJOURNMENT MINUTES OF REGULAR MEETING ' - DANIA BEACH CITY COMMISSION TUESDAY, OCTOBER 28, 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 Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson Absent: Commissioner: John Bettina, Vice-Mayor Castro motioned to excuse the absence of Commissioner Bertino; seconded by Commissioner Flury. The motion carried unanimously. Commissioner Anton requested the City Commission meeting scheduled for Wednesday, November 12,be changed to Monday,November 10, 2008. City Clerk Stilson pointed out that the public hearings to be held on November 12 have already been advertised with the Sun-Sentinel. Corinne Lajoie, Principal City Planner, clarified for the Commission that in order to comply with Code requirements and newspaper deadlines,the ads were sent for publication this morning. City Attorney Ansbro noted that if the Commission meeting is changed to Monday, November 10, the public hearing items would need to be moved to the November 25 agenda. City Clerk Stilson further advised that the search firms to assist with the City Manager process have made flight arrangements in order to make their presentations at the November 12 meeting. City Manager Pato indicated he would advise Director McDonald to let the firms know that the meeting will now be held on Monday, November 10. Commissioner Anton motioned to change the meeting date to Monday, November 10, 2008 at 7:00 p.m.; seconded by Commissioner Flury. The motion carried unanimously. 2. Invocation and Pledge of Allegiance Pastor Juan Cuevas, Maranatha Ministries, gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. 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 Kurt Ely, on behalf of the I.T. Parker Advisory Board, clarified for the record that the request is for the Lion's Club District 35 Cabinet Meeting. Commissioner Anton motioned to approve the fee waiver for the Lion's Club District 35 Cabinet Meeting on November 15, 2008; seconded by Vice-Mayor Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 3.2 Fee Waiver Request for the American Legion Auxiliary Unit #304 Fundraiser Banquet to be held at I.T. Parker Community Center on May 17, 2009—Kurt Ely Vice-Mayor Castro motioned to approve the fee waiver for the American Legion Auxiliary Unit #304 Fundraiser Banquet on May 17, 2009; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 3.3 Special Event Request for the Harbour Towne Marina Dry-Storage Expansion Groundbreaking Ceremony to be held at Harbour Towne Marina, 801 NE 3'd Street on Wednesday, October 29, 2008, 11:00 a.m. — 1:00 p.m. Vice-Mayor Castro motioned to approve the Special Event request for the Harbour Towne Marina Groundbreaking Ceremony on October 29, 2008; seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m 4. Proclamations There were no proclamations at this meeting. 5. Citizen Comments Danny Gollett, 605 SW 12d' Avenue, was not present but submitted a form addressing the drug problem in his community. Aris L. Bell, 613 SW 12`h Avenue, was not present but submitted a form addressing the drug problem and lack of police presence in her neighborhood. David Nuby, 738 SW 4`h Terrace, was not present but submitted a form addressing the loitering and drug problem in his neighborhood. He indicated there is no police response or monitoring. Basil Sloly, 1803 Gardenia Road, Plantation, said Code Compliance told him that he needed to install a concrete fence at his property on 4630 SW 44`h Avenue, but he cannot afford it. He asked the Commission for their assistance. Mayor Jones requested Mr. Sloly meet with the City Manager to discuss the situation. Jessie Richardson, 754 SW 3rd Place, said he has a problem with youngsters driving fast through his neighborhood. He also noted that the trees in the swales need to be trimmed. Mr. Richardson commented the Police need to come to the area between 2:30-4:30 a.m. because of the traffic and drug dealing. Mayor Jones said the trees on his street also need to be trimmed. He suggested the City trim the trees because it brings down the property values in the neighborhood. Mayor Jones indicated the trees were planted over the objection of the property owners 15 years ago, so the City should take care of the problem. He also noted that as regards the speeding issue, the College Gardens Neighborhood Association looked into the issue and submitted a request to the Public Services Department to have speed bumps placed in that area. Mayor Jones remarked Police Chief Donn Peterson is present and would look into the matter. Commissioner Flury noted the trees were planted in 2001 by the City. She noted some of the trees may have been planted in areas where people could not afford to take care of them. Commissioner Flury suggested the City trim the trees at least once a year. Mayor Jones would like the Public Services staff to provide the Commission with a status report on all the petitions currently being processed. Ralph Eddy, 150 SE 3rd Avenue, noted the street has been returned to the neighborhood and the area is clean and quiet again. He thanked the City for the street closure. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. Stephanie Roux, 15920 NW 18`h Court, Opa Locka, noted a tree belonging to Florida Power and Light fell on her rental property at 711 SW 10`h Street. She reported the situation to the Commission at the August 26 Commission meeting. FPL sent her a letter stating it is not their responsibility to trim the tree, but the City was responsible for cutting their trees. Ms. Roux provided a copy of the letter for the record. She asked if there was a law specifying that property owners must call to report a tree limb if it is hanging. Ms. Roux further indicated that the cost of the repair was $5,000, and her insurance deductible was $2,500; she asked the City to reimburse her for part of the cost. She pointed out that she met with the City Manager, but she did not like his response. City Manager Pato responded that he and the City Attorney Ansbro went to the property and contacted Florida Power and Light for them to communicate with Ms. Roux. He said the City was not responsible, and we could not pay. City Attorney Ansbro noted we are not legally responsible for falling limbs. Commissioner Flury noted it was our tree and we should split the difference and pay the bill, unless this cannot be done. Mayor Jones agreed that we should split the difference. He suggested we should create an ordinance to address tree trimming. Vice-Mayor Castro noted we should report the line to FPL and ask them to cut the tree because there is a pole in the tree. Vice-Mayor Castro motioned for the City pay Ms. Roux $1,250, and direct the City Manager to approach FPL for payment of the remaining $1,250; seconded by Commissioner Flury. The motion carried unanimously. Commissioner Anton added that if FPL refuses to pay their share of the costs, it will be up to Ms. Roux to pursue the issue with them. Jimmy Crimminger, 237 SW 15`h Street, noted he attended the City of Hollywood CRA Board meeting where they discussed the AlA Scenic Highway Designation, and that he shared this information with the Parks and Recreation Advisory Board. He requested an update on the status of the Unified Land Development Code project assigned to the Mellgren Planning Group. 6. Public Safg1y Reports 6.1 BSO Air Cards—Chief Peterson BSO Chief Donn Peterson distributed a question and answer sheet to the Commission. He responded for Commissioner Flury that the initial cost for the purchase of the proposed Air Cards would be $32,000, and the annual cost would be approximately $30,700. Chief Peterson noted that the annual fee would be included as part of the annual cost of the deputy. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. Vice-Mayor Castro confirmed with Chief Peterson that we are not paying for the cards, but for the 12-month usage of the cards. Commissioner Anton clarified for the benefit of the public that the initial funding for these Air Cards is derived from the Law Enforcement Trust Funds (LETF) and not taxpayer money. The reoccurring costs would be deducted from future contracts between the City and BSO. The Commission supported the request. Commissioner Flury asked about the status of the Alarm System for our parks, which has taken a long time to be approved. Chief Peterson reported that the County considered the comments made by City staff to be inappropriate and the issue was kicked back to their Legal Department. He noted that the matter is again with the County and he will notify the Commission of the date when it will appear on the County Commission Agenda. City Manager Pato noted he would handle the situation. Commissioner Anton confirmed that future LETF fund use would not require the approval of Broward County, but only the City Commission. Fire Chief Jack McCartt reminded everyone to check the batteries in their smoke detectors. He reported on three structure fires in the past few days, and noted they are very concerned because all three fires were arson. The property on SW 6` Street was a residential structure, supposedly unoccupied, which did not have electricity or water, but the people in the house ran an electrical cord to a neighbor's house without his knowledge. He also noted that in the Hollywood Nursing Home fire the actions of our Firefighters made a difference in saving lives. Another fire reported last Monday occurred when juveniles set fire in an unoccupied structure. Chief McCartt pointed out that these incidents are currently under investigation. 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) Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m 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 r , 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. 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 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 Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m UPON AWARD; AUTHORIZING EXTENSIONS, IF NEEDED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 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. Commissioner Anton motioned to adopt the Consent Agenda; seconded by Vice-Mayor Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 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. City Attorney Ansbro read the title of Resolution#2008-203. Dominic Orlando, Director of Public Services, advised the work should start within 30 days and will take approximately a year to be completed. He confirmed for the Commission that traffic and surrounding properties would not be impacted by this project. Vice-Mayor Castro motioned to adopt Resolution #2008-203; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 9. Public Hearings and Site Plans 9.1 ORDINANCE#2008-029 Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. 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) City Attorney Ansbro read the title of Ordinance #2008-029. He noted this is a housekeeping item providing that adult entertainment uses shall be permitted in the IROM District. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition,he closed the Public Hearing. Vice-Mayor Castro motioned to adopt Ordinance #2008-029, on first reading; seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 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 lsT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-204. Corinne Lajoie, AICP, Principal City Planner, advised the applicant requested a continuance until the November 12, 2008 City Commission meeting. Mayor Jones opened the Public Hearing. Bob Mikes, 835 NW 13`h Avenue, noted this is the fourth extension request for this item. He said that in this time of crisis no bankers would be willing to finance this type of project. Mr. Mikes commented that this could be an opportunity for the City to persuade property owners to join their properties together. He pointed out that people want the downtown cleaned up but they do not want a 14-story building. Mr. Mikes thought this was intended to be an institutional use, and should not be continued. Teddy Bohanan, SW 15th Street, agreed with Mr. Mikes that we do not need this type of property in our downtown. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m Jimmy Crimminger, 237 SW 15'h Street, commented we should think out of the box because this is a historic hotel. Fay Bartelmes, 214 SW 2"a Terrace, requested the City put an end to the project and eventually deny the request. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearing. Vice-Mayor Castro motioned to continue Resolution #2008-204 until the November 10, 2008 City Commission meeting at 7:00 p.m.; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 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#2008-205 A RESOLUTION OF THE CITY OF DANL4 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. City Attorney Ansbro read the title of Resolution#2008-205. Corinne Lajoie, AICP, Principal City Planner, described the location of the property. She explained the three variances requested and noted that the Planning and Zoning Board recommended denial of the request. Ms. Lajoie advised that the applicant confirmed that a synagogue is currently being run without a Business Tax License. She indicated that the applicant still needs to provide more information before she can make a final determination on the project. Ms. Lajoie requested a continuance to allow the applicant to address staffs comments. Mayor Jones opened the Public Hearing. Shmaya Waks, applicant, indicated there would be a separation between the parking and the residential area. He noted they do not need parking because they are an Orthodox Temple which is open mainly on weekends, and everyone walks to the Temple. Mr. Waks advised that the parking issue prevented them from getting a Business Tax License for a synagogue. He said there is parking on the east and west sides of the property and they do not need additional parking. Mr. Waks noted they are the first synagogue in Dania Beach. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m Commissioner Flury was okay with the project provided there was a separation between the commercial and residential. Ralph Eddy, 150 SE 3`d Avenue, asked if a synagogue was allowed in the district. City Attorney Ansbro responded in the affirmative. Mr. Eddy noted he has difficulty parking at the center when the Church has services. He questioned how a church could be in the same location as a bar. Mr. Eddy asked that the request be denied. Jimmy Crimminger, 237 SW 15d' Street, noted he has been following the request since its inception. He noted there is a parking problem with the shopping center, regardless of the synagogue. Mr. Crimminger hoped we would grant the request. Teddy Bohanan, SW 15d' Street, asked if signs could be installed to designate parking for the businesses. Fay Bartelmes, 214 SW 2nd Terrace, noted the parking spaces could be designated for specific businesses. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearing. Mr. Waks said they only use four parking spaces on weekends. He said he asked the owner of the shopping center to install designated parking spaces for the businesses, but he denied the request because the bar would be the business that would suffer. Commissioner Anton commented that he has received complaints from the businesses regarding the parking in the shopping center. He requested the Code Compliance Unit investigate the site on Saturday to see what the parking problem is and report back to the Commission. Vice-Mayor Castro questioned if Mr. Waks would share the new parking spaces with the tenants in the shopping center by creating a shared parking agreement. Mr. Waks did not think the property owner would be agreeable,but he will ask for a letter. Vice-Mayor Castro requested something stronger than a rope to separate the parking from the residential area. She also said Mr. Waks should address staff's comments, find out the allowed number of people in the synagogue, and provide this information at the next Commission meeting. Commissioner Flury noted there is a parking problem which is probably not his fault, so we should give him the parking variance. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m Commissioner Flury motioned to continue Resolution #2008-205 until the November 10, 2008 City Commission meeting at 7:00 p.m.; seconded by Vice-Mayor Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 9.4 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. City Attorney Ansbro read the title of Resolution #2008-206 and Resolution #2008-207 because they relate to the same property. Corinne Lajoie, AICP, Principal City Planner, noted the request is for a parking variance and site plan for a showroom/office on a vacant lot. She provided a history of the property and pointed out that the Commission approved the requests in 2006, but they expired in August 2007, therefore we are now considering a new project. Ms. Lajoie advised that there would be pedestrian access from Federal Highway, but vehicles would need to use NE 151 Avenue. The applicant is proposing two phases for the improvements to the property and these would be completed within 12-18 months. She noted that the CRA Director has reviewed the site plan and provided his recommendations. The Planning and Zoning Board recommended approval provided the outdoor displays do not exceed the height of the building. Jorge Fallad, property owner, noted that he agrees to the conditions of the CRA Director, with the exception of the installation of Solar Lights, due to the cost. He indicated there would not be any displays exceeding the height of the building. Mr. Fallad explained that the request to phase the project is due to the situation with the current economy. He noted that most of their business is by recommendation of previous customers and by appointment only. Therefore, he thought seven parking spaces were more than what they would need. Mayor Jones opened the Public Hearings. Annette Hibbitts, 26 SW 11`b Street, spoke in favor of the project. Bob Mikes supported the project, but asked if there was any metal fabrication on the outside of the property. Commissioner Anton thought the project would improve the area. He noted the Solar Lights item on the CRA Director recommendations was not mandatory; it would be convenient for his business, but only if he could afford it. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearings. Commissioner Flury motioned to adopt Resolution #2008-206, with the CRA Director recommendations; seconded by Vice-Mayor Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 9.5 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. Vice-Mayor Castro motioned to adopt Resolution #2008-207, with the same conditions; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 9.6 RESOLUTION#2008-208 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. City Attorney Ansbro read the title of Resolution#2008-208. Kristin Dion, City Planner, noted the applicant is proposing to construct an industrial office warehouse on the site, which is currently vacant. Due to the size of the site, the applicant would need to use the alley on the east side of the property to provide adequate parking. The applicant has stated that the alley is not used for access by any other properties. She advised that the City Commission already approved the waiver of the replatting as required by Code. The Planning and Zoning Board also recommended approval of the vacation request, provided staff comments are addressed prior to the issuance of a building permit. David Pouliot, One Call Construction, representing the applicant, noted they agree with all staff comments. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition,he closed the Public Hearing. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m Commissioner Anton motioned to adopt Resolution #2008-208; seconded by Vice-Mayor Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 9.7 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 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. City Attorney Ansbro read the title of Resolution#2008-209. Kristin Dion, City Planner, explained that the request is to vacate an existing Florida Power and Light easement located along the eastern property line. The applicant is also requesting a waiver of the replat to move forward with the vacation of the easement. The Planning and Zoning Board recommended approval. She noted that the FPL project manager has no objection to this vacation. The Public Services Director has reviewed the application and has no objection to the vacation of the easement. Steve Tilbrook, Shutts and Bowen, noted the plat cannot be recorded until the easement is granted. Once this is done, they will proceed with the recording showing the easement not being on the plat. 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 #2008-209; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 10. 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 City Manager Palo noted the Commission had previously approved this request. Patricia Varney, Director of Finance, noted that staff is preparing to implement this type of collection for FY 2010. She explained that we would need to advertise weekly for four Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. consecutive weeks prior to the adoption of the resolution before January 1, 2009. Director Varney clarified that this assessment would only affect properties with 4 units or less, and would not affect commercial accounts. Commissioner Anton confirmed with Director Varney that the new collection method would result in additional savings for the City. Commissioner Flury clarified with Director Varney that this matter would be discussed at a public hearing in early December. It was the consensus of the Commission to move forward with Director Varney's proposal. 10.2 Discussion of 2009 CDBG Applications—Assistant City Manager Colin Donnelly, Assistant City Manager, asked for direction as to where the Commission would like to move with future projects. Commissioner Anton thought we were continuing with the implementation of Solar Lights in the current neighborhoods. Commissioner Flury noted we engaged a consulting company to develop a plan for 7 areas. She asked why we were not following the plan. Commissioner Flury would like to see an update of what needs to be done from the original plan. Vice-Mayor Castro thought we should look at the list to decide what our next priority should be. It was the consensus of the Commission to review the list prior to making any decision. Mayor Jones commented we need a consensus from the neighborhoods to determine the best projects for their areas. City Manager Pato noted it may be time to bring CDBG funds to other parts of the City. The Commission concurred to stay with the original plan and keep us focused on the western section of the City. Derrick Hankerson, 746 SW 3d Street, noted there may be a deficiency in the plan. He suggested we consider adding solar lighting to the neighborhoods that currently have FPL lights only. 10.3 Discussion of December 23, 2008 City Commission meeting The Commission cancelled the December 23,2008 City Commission meeting. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m 11. Commission Comments 11.1 Commissioner Anton Commissioner Anton commented the Melaleuca Gardens entrance sign is missing at 10 h and Griffin Road. He asked Director Orlando to look into the matter. Commissioner Anton discussed fliers that are being posted regarding mitigation of the airport. He noted we have an Interlocal Agreement with the County that states any mitigation program must be approved by the City of Dania Beach. Commissioner Anton said that if any type of mitigation program is to be considered, we would definitely hold a public hearing to allow the affected residents to express their sentiments. He remarked that the City has not approved any program, and suggested that people not sign a petition. Commissioner Anton further stated that the agreement also says any value on the property has to be appraised outside of an airport affected area. He reiterated that he is the representative for the Commission on airport matters. 11.2 Commissioner Bertino Commissioner Bertino was not present at this meeting. 11.3 Commissioner Flury Commissioner Flury had no comments. 11.4 Vice-Mayor Castro Vice-Mayor Castro provided a handout from Alan Ojeda, Rilea Group, regarding the development of the San Souci Hotel property. She indicated that Mr. Ojeda needs to swap the wetlands in order to fit the proposed building and have the necessary access for the fire engines. He asked the Army Corps of Engineers for permission and they agreed. Vice-Mayor Castro noted that Mr. Ojeda asked the City to write a letter in support of his project. It was the consensus of the Commission for the City Manager to send a letter to the Army Corps of Engineers supporting the project. Vice-Mayor Castro briefly explained the three Dania Beach questions on the November ballot. Vice-Mayor Castro noted she is still waiting for a follow up on the life safety issues discussed at the Code Compliance Workshop on September 6, 2008. She commented she is also waiting for the policy on the handling of foreclosures and boarded-up/abandoned homes. Vice-Mayor Castro pointed out that several cities have adopted ordinances addressing this issue and we should implement something to that effect. 11.5 Mayor Jones Mayor Jones would like to see what other cities are doing on foreclosures. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. Mayor Jones asked staff if we were able to obtain any quotes regarding portable recording equipment that would allow us to move our meetings to other places within our City. City Manager Palo advised that City Clerk Stilson would report her findings under her comments. Mayor Jones talked about the joint meeting with Hollywood and how important it is for all Commissioners to attend. He thought that we had common issues that could be discussed in a friendly environment. Mayor Jones suggested December 8, 2008 at 3:30 p.m. with the City of Hollywood providing the recording equipment. He noted Tigertail Lake could be a possible venue, with the City providing the food. Mayor Jones thought we could keep the same agenda that was previously prepared and suggested the Commission review it and make whatever changes or additions they see fit. Mayor Jones noted the Martin Luther King, Jr. Committee will meet tomorrow night at C.W. Thomas Park. He invited everyone to attend. Mayor Jones advised that the Greater Trinity Missionary Baptist Church and Mt. Zion AME Church were burglarized several weeks ago and their sound equipment was taken. He asked BSO Chief Peterson to look into this matter. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager Assistant City Manager Colin Donnelly noted he attended a meeting that addressed foreclosures. He explained that Broward County would administer the Neighborhood Stabilization Program (NSP) for the City. Assistant City Manager Donnelly advised that we would have $1.2M earmarked for properties that are bank-owned and foreclosed, but we would not receive any funds. They are looking for developers/contractors to bid on the properties and redevelop them for low and moderate income housing. Vice-Mayor Castro clarified for Commissioner Anton that the City would select the properties to submit to the County for purchasing. Assistant City Manager Donnelly noted that the funds received for the sale of these properties would go into a pool to continue doing the same thing until FY 2013. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.rn. Vice-Mayor Castro advised she is on the SHIP Purchase Assistance Program Ad Hoc Committee. She noted that the size of our City does not allow us to have our own program therefore, we fall under the County umbrella. Vice-Mayor Castro explained in detail what the affordable housing term means nowadays. She suggested we link this program with the Green Group, which would make the property more valuable. Mayor Jones would like staff to ask the County if there are any properties from Dania Beach on their proposed list. 13.2 City Attorney City Attorney Ansbm noted we acquired a house through Code Compliance and we need to have it declared surplus and sell it in accordance with the City Charter. The property located at 5180 SW 20 Avenue is commonly known as the Buelvas property. He recommended we move forward with this process before it becomes a foreclosed problem. Vice-Mayor Castro noted that the Metropolitan Planning Organization (MPO) is considering a modification at the intersection of Sheridan Street and Dixie Highway. She would like to have a lobbyist support this issue in Tallahassee. 13.3 City Clerk City Clerk Stilson reported that the cost of the portable recording system would be $6,600.00. She clarified that this price does not include a laptop that is also needed. Mayor Jones noted the cost is high, but we would give the equipment good use in the future. He thought it was worth purchasing it. Mayor Jones further asked City Attorney Ansbro to look at the ordinance to see if Commission meetings could be moved to other facilities within the City. Reminders: Thursday, October 30, 2008—6:00 p.m. Police and Fire Department Facility and Equipment Needs Workshop Monday, November 10, 2008—6:00 p.m. CRA Board Meeting Monday,November 10, 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 Mayor Jones adjourned the meeting at 9:54 p.m. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m MINUTES OF WORKSHOP DANIA BEACH CITY COMMISSION POLICE AND FIRE DEPARTMENT FACILITY AND EQUIPMENT NEEDS THURSDAY, OCTOBER 30, 2008 — 6:00 P.M. 1. Call to Order Mayor Jones called the Workshop to order at 6:00 p.m. 2. Roll Call Present: Mayor: Albert Jones Vice-Mayor: Anne Castro Commissioners: Bob Anton Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson Absent: Commissioner: John Bertino 3. BSO Facilities Issues City Manager Pato noted he originally planned to discuss these issues with the Commission a year ago,but did not do it because of the search for the new Fire Chief and discussions with BSO regarding a possible merger. We now have a clear idea of the Commission's redevelopment vision so we think this is a good time to bring this matter for consideration. Donn Peterson, Chief, BSO District 2, emphasized the historic nature of their building and the investment they have already made in it. The size of the facility is not the problem; it is the condition of the building which makes it no longer safe or healthy for anyone. Chief Peterson questioned why we did not make improvements while we were fixing other areas of City Hall. He noted that we just installed a new 20-year roof which is a positive first step to get this workspace up to minimum standards. Chief Peterson advised that the estimated costs are $75 per square foot for approximately 4,400 square feet. Commissioner Flury asked for the cost for the repairs of the BSO offices. Patricia Varney, Director of Finance, noted the cost would be $300,000, with funding derived from Contingency and General Fund Balance. Commissioner Flury noted this is not a major project, and we all know this is a run-down building. She questioned why we are discussing this issue now, as opposed to during the budget process. City Manager Palo responded we had a new Fire Chief coming on board, and he did not feel like discussing it. He noted that regarding the BSO offices, it would not have made a difference to bring it up because the Commission has never been interested in it. City Manager Palo stated that the Commission did not give him direction to place this matter in the budget. Vice-Mayor Castro was in favor of the repairs. Chief Peterson noted the Fire Prevention Services offices were not included in the cost of the repairs for the BSO facility. Vice-Mayor Castro would like to see a total breakdown of all costs for the repairs. She thought the price was too low for what we are proposing to do. Chief Peterson would like the renovation to be a project we will be proud of, not a band-aid approach. Commissioner Anton supported the renovation for the BSO building, including Fire Prevention. He was concerned with the cost, and suggested the Public Services Department obtain the quotes because this is their area of expertise. Commissioner Anton thought they could also determine what type of work could be done in-house. Chief Peterson noted we should address the ADA issue for the catwalk on the second floor. Commissioner Anton was also disappointed that we did not discuss this issue during the budget process. City Manager Palo commented that he checked with experts and the cost for the repairs is accurate, minus the repairs to Fire Prevention. He noted that if the catwalk is completed, it may trigger some ADA issues that would need to be addressed, so we may not want to do that. City Manager Palo said that when we looked at the Master Plan for City Hall/Library we originally included BSO, however we removed them from the campus at the direction of the City Commission. City Manager Palo noted for the record, that we have discussed this issue on many occasions. Mayor Jones questioned where BSO would be housed during the renovation. He was concerned with the separation and not being able to provide services that our community is used to having. Chief Peterson responded that they would temporarily relocate the investigative components to a nearby district, at no cost. The Administration office will relocate to the 803 Sub-Station, also at no cost. He advised that there would be no occupants at City Hall and a notice would be placed outside the windows for notification to the public. Chief Peterson acknowledged that he could handle the separation of his staff on a temporary basis, but not for the long term. He confirmed Minutes of Workshop 2 Dania Beach City Commission Police and Fire Department Facility and Equipment Needs Thursday,October 30,2008—6:00 p.m that a CSA would be at the reception area in the Atrium at City Hall to direct citizens in need of police services to the appropriate location. Chief Peterson confirmed their current office hours are 7:00 a.m. to 10:00 p.m. The consensus of the Commission was to have Director Orlando bring forward a proposal for the repairs. City Manager Pato noted he had an updated figure including the Fire Prevention offices which would bring the cost closer to $400,000, at approximately$75/$80 per square foot. Commissioner Anton noted this project needs to move forward as quickly as possible. Chief Peterson thanked the Commission for their support on this project, and their concern for the employees in his department. 4. Fire Department Equipment Needs Jack McCartt, Fire Chief, presented a PowerPoint overview, which is attached to and incorporated into these minutes. He noted that the City of Dania Beach Fire Department operates very efficiently with dedicated firefighters who work hard for our community. However, within the next two years, they will be facing significant operational issues that will affect maintenance costs, response capability during disasters, and eventually the City's Insurance Service Office (ISO)rating. Chief McCartt pointed out that we are currently a Class 4, but if we do not upgrade our equipment, our ISO rating would come down. He indicated it is very possible to bring our rating to a Class 2, with the proposed recommendations. Chief McCartt briefly explained the methods and formulas utilized by ISO to determine the rating. He noted most of our vehicles are over 10 years old, in need of repairs, and cost a lot to maintain. Chief McCartt also stated that the Training Tower can no longer be used until it is repaired. He concluded that we could reduce the costs to the taxpayers, by reducing our Fire Insurance classification with a very modest increase in the Fire Assessment fees. Patricia Varney, Director of Finance, noted the backup information in the packet provided funding sources and details on how expenses would be allocated. She indicated that the City would need to borrow $3.15M over a five-year period, in order to fund the requests of the Fire Department. Commissioner Anton noted we need to provide our employees with a proper workplace. He questioned why we did not do the roof repairs when the other roofs were done. Commissioner Anton also asked why work orders were not submitted for repairs to the training tower. He questioned the safety of the medical supplies that are in the storage area which is infested with rodents and insects. Commissioner Anton supported the roof and the tower, and would like to see the apparatus prioritized. However, due to budget constraints, he suggested we try to get a year or two out of the equipment before we make new purchases. Minutes of Workshop 3 Dania Beach City Commission Police and Fire Department Facility and Equipment Needs Thursday,October 30,2008—6:00 p.m Chief McCartt pointed out that work orders for the roof were sent to Public Services, they came several times but finally Director Orlando advised that the roof needed to be replaced. He noted the medical storage facility is a priority, but he is concerned about relocating the supplies. He indicated the cost estimate to remove the pump is a minimum of$30,000, which is a waste of money for a 20 year old vehicle. Chief McCartt noted that it takes 12-18 months to get a new fire vehicle into service. He said that if the Commission accepts his recommendation, he would like to order the fire engine as soon as possible. Director Varney noted the replacement of the fire vehicles is not included in this year's budget or in the 5-Year CIP Plan. Commissioner Flury understood that all these items were necessary. She was concerned with using our Contingency Fund and asked to have a report on how much we have left. Commissioner Flury asked the Finance Director if we would need to issue a bond for$3.1M. Director Varney confirmed we would need to do this within a 4-year period, but she would issue the bond in increments, not all at once. Commissioner Flury noted that the City will need to put money into both Pension Funds next year and the money will come from Contingency. She was concerned that we would lose our bond rating. Director Varney noted we would have to pay high interest rates, and we would also have to purchase bond insurance. Commissioner Flury thought we should prioritize our needs in order to allow time for improvement of the economic cycle. She was concerned with our declining revenue, and lower bond rating. Director Varney noted that not funding GASB 45 in full will lower our rating. She advised that the lower our bond rating is, the harder it gets for us to borrow money. Further discussion followed among the Commission, Finance Director Varney and City Manager Pato regarding the proposed parking garage at the 109 Park property and whether or not it would be a loan. City Manager Pato noted that we are still negotiating with Broward County; however, assuming it would be a loan, it would need to be booked as a liability. Vice-Mayor Castro complimented Fire Chief McCartt and his staff for a very comprehensive report. She confirmed that approximately $500,0004600,000 is coming out annually from the General Fund; therefore the costs presented today for the assessments will be higher. Vice- Mayor Castro would also like to see a priority list for the items presented. She indicated that the cost for the storage facility was high, and could be reduced. Vice-Mayor Castro thought we should re-evaluate the costs as we come closer to the project. She remarked that we need to Minutes of Workshop 4 Dania Beach City Commission Police and Fire Department Facility and Equipment Needs Thursday,October 30,2008—6:00 p.m. watch the City's financial picture, and keeping our bond rating in good shape is very important for our future borrowing needs. Commissioner Anton noted that the former Fire Chief indicated that we did not have the essential personnel for the department. He questioned if we would have the necessary staff to man the new equipment being discussed tonight. Commissioner Anton asked Chief McCartt to address this issue in his priority list. Chief McCartt noted that ISO requires six people on an apparatus. He advised we could apply for a federal grant to subsidize additional staff. Commissioner Anton was interested in the available funding for additional staff. He also suggested there may be grant opportunities from Homeland Security due to our proximity to the Airport and Port. Chief McCartt noted that he would pursue grant opportunities, and he would not spend taxpayer dollars that were not necessary. Commissioner Anton supported the roof, training tower, storage facility, and moving forward with the fire engine, which needs to be ordered as soon as possible. He would like to spend money to refurbish the pumper so that it can be a backup unit. Commissioner Anton also supported the air conditioner for the apparatus and the cleaning of the fungus and general maintenance. Commissioner Flury suggested the Commission approve the first year funding as presented by the Finance Director in order to move forward. City Manager Pato clarified that the issues discussed tonight have been discussed for the past three years and were not suddenly sprung on this Commission. He commended both BSO Chief Peterson and Fire Chief McCartt for their presentations. City Manager Pato thanked the Commission for their support. Mayor Jones suggested we could find someone who wants to work, and could do some of the work at a lower cost. He suggested the Commission look at establishing a fund for future repairs in the different departments. Mayor Jones suggested the old equipment has a residual value and should be included in the cost estimates. He noted the City has a Grant Advisory Board which could help the Fire Department search for grants. Chief McCartt noted in the three months that he has been with the City we have already applied for four different grants. Mayor Jones supported the roof and training tower repairs as well as the equipment needs. Minutes of Workshop 5 Dania Beach City Commission Police and Fire Department Facility and Equipment Needs Thursday,October 30,2008—6:00 p.m. 5. Adjournment Mayor Jones adjourned the Workshop at 7:53 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMISSIONER Minutes of Workshop 6 Dania Beach City Commission Police and Fire Department Facility and Equipment Needs Thursday,October 30,2008—6:00 p.m. RESOLUTION NO. 2008-215 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING AN AMENDMENT TO THE FLORIDA CONSTITUTION TO REQUIRE THE FLORIDA LEGISLATURE TO OPERATE UNDER THE FLORIDA SUNSHINE LAWS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida's Government-in-the-Sunshine Law, enacted in 1967, established a right of access to most meetings of boards, commissions and other governing bodies of state and local governmental agencies; and WHEREAS, Governor Charlie Crist recently proclaimed March 16-22, 2008, as Sunshine Week for the citizens of the State of Florida and stated "The role of Florida's government is to serve the people of Florida, and open government gives the people the tools they need to hold their elected officials accountable"; and WHEREAS, on June 19, 2007, Governor Crist issued Executive Order 07-107, creating the Commission on Open Government Reform to review, evaluate, and issue recommendations regarding Florida's public records and public meeting laws; and WHEREAS, the Commission on Open Government Reform will compile its findings and present a final report to the Governor, the President of the Florida Senate and the Speaker of the Florida House of Representatives by December 31, 2008, to include specific recommendations, including proposed legislation, rule changes and modifications, if any, to Article I, Section 24, of the Florida Constitution; and WHEREAS, our counties and municipalities live by The Sunshine Law, which assures that government business is conducted in the open for all people to see; and WHEREAS, all Florida government is better served when all elected officials live in the Sunshine; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That the foregoing recitals are confirmed as being true and they are made a specific part of this Resolution. Section 2. That the City Clerk is directed to provide a true copy of this Resolution to the Chair of the Commission on Open Government Reform, Florida Governor Charlie Crist, the President of the Florida Senate, the Speaker of the Florida House of Representatives, all Broward County municipalities and the Broward County League of Cities and the Florida League of Cities. Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall take effect immediately upon its final passage. 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#2008-215 RESOLUTION NO. 2008-216 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO FULLY FUND AND SUSTAIN BROWARD COUNTY'S TRAFFIC MAGISTRATE CITATION PROGRAM; IN THE ABSENCE OF FULL FUNDING BY THE LEGISLATURE, URGING THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, THE BROWARD COUNTY CLERK OF THE COURTS, THE BROWARD SHERIFF'S OFFICE, THE POLICE CHIEFS' ASSOCIATION, ALL MUNICIPALITIES IN BROWARD COUNTY AND ANY OTHER INTERESTED ENTITY TO COLLABORATE TO DEVELOP A MECHANISM TO PROVIDE SUFFICIENT FUNDING IN ORDER TO CONTINUE WITH THE BROWARD COUNTY TRAFFIC MAGISTRATE CITATION PROGRAM; URGING THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY AND ALL MUNICIPALITIES IN BROWARD COUNTY TO CONSIDER IMPOSING A SURCHARGE ON ALL TRAFFIC TICKETS ISSUED WITHIN THE COUNTY TO ASSIST WITH THE FULL FUNDING OF THE TRAFFIC MAGISTRATE PROGRAM; URGING THE ABOVE-REFERENCED ENTITIES TO JOIN IN THIS REQUEST FOR FULL FUNDING OF THE BROWARD COUNTY TRAFFIC MAGISTRATE CITATION PROGRAM; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article V, Section 14 of the Florida Constitution expressly provides that "no county or municipality shall be required to provide any funding for the state courts system, state attorneys' offices, public defenders' offices, court-appointed counsel or the offices of the clerks of the circuit and county courts performing court-related functions" and WHEREAS, Broward County's hearing process for violations of traffic infractions under Chapter 318, Florida Statutes, has historically been funded and facilitated by the Broward County court system; and WHEREAS, such infractions have traditionally been heard by traffic magistrates or county court judges; and WHEREAS, revenue generated as a result of traffic citations is proportionally allocated to a number of entities, including the Broward County Commission (to be earmarked for court facilities), the Clerk of the Courts, the State of Florida, and the applicable municipality, among other programs; and WHEREAS, the Broward County traffic magistrate citation program has recently been threatened by a lack of funding; and WHEREAS, The City Commission of the City of Dania Beach, Florida acknowledges and understands the importance of enforcing traffic citations, and believes that continued adjudication of these matters is a critical aspect of the County Court's function; and WHEREAS, the City further believes that the continued enforcement of such violations is in the best interests of the citizens and residents of Broward county; and WHEREAS, given the importance of continuing to administer traffic citation hearings in Broward County and the constitutional preclusion that such hearings be funded by the County and municipalities, the City urges the Governor and the members of the Legislature of the State of Florida to specifically ensure that there is sufficient state funding to continue the traffic magistrate citation program; and WHEREAS, absent sufficient funding by the state, the City further urges the Board of County Commissioners of Broward County, the Broward County Clerk of the Courts, the Broward Sheriff's Office, The Police Chiefs' Association, and all municipalities located within Broward County, as well as any other interested entity to collaborate in developing some mechanism to provide for the full funding of the County's traffic magistrate citation program; and WHEREAS, the City recommends the imposition of a surcharge on traffic tickets issued within Broward County as one potential option to help fund the County's traffic magistrate citation program; and WHEREAS, The City believes that it is in the best interest of the citizens and residents of the City and Broward County for the State of Florida to ensure that there is sufficient state funding to continue the Broward County traffic magistrate citation program; NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of Dania Beach, Florida: Section 1. The above-referenced recitals are true and correct and they are incorporated by this reference. Section 2. The City of Dania Beach, Florida urges the Governor of the State of Florida,the Speaker of the Florida House of Representatives, the President of the Florida Senate, and all members of the Florida Legislature to fully fund and sustain Broward County's traffic magistrate citation program. Section 3. In the absence of sufficient state funding, the City urges and strongly encourages the Board of County Commissioners of Broward County, the Broward County Clerk of the Courts, the Broward Sheriff's Office, The Police Chiefs' Association, and all municipalities located within Broward County, as well as any other interested entity to collaborate in developing some mechanism, process, or option to provide the full funding of the County's traffic magistrate citation program. The City also recommends the imposition of a surcharge on traffic rickets issued within Broward County as one potential option to help fund the County's traffic magistrate citation program. 2 RESOLUTION#2008-216 Section 4. The City Clerk is directed to transmit a copy of this Resolution to the Governor of the State of Florida, the Speaker of the Florida House of Representatives, the President of the Florida Senate, the Board of County Commissioners of Broward County, the Broward County Clerk of the Courts, the Broward Sheriff's Office, the Police Chiefs' Association, and all municipalities in Broward County. Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. This Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. ALBERT C. JONES MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J.ANSBRO CITY ATTORNEY 3 RESOLUTION#2008-216 CITY OF DANIA BEACH Agenda Item # �• Agenda Request Item Date of Commission Meeting: 11-25-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance(2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: , u;. Vim, ' 9 . ..: ' 'II. 1 . Adopt resolution establishing election dates for 2009 City Elections. rv� ,SM"W:iE.��,. Required by Charter. i *11 ' Sets dates for the 2009 Primary and General Elections. in RN OR :G �rr Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ i ..,,w, L� �a3:'li�d ;v'MEN` 9 id NEW ieSn W i6.i ''"MEW Ev3h! , §m v ;EN .i e d i,{}a.�E 3 is ! did S E. j '4u i ..,id'8 d is d tgU'E R i yr. l •i R ! n: az il.mL E Resolution Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Louise Stilson Date 10/27/08 Department Director Louise Stilson Date 10/27/08 Assistant City Manager Date HR Director Date Finance Director Date ON Attorney Thomas J. Ansbro Date 10/27/08 City Manager Ivan Pato Date 10/28/08 User Creating Item Item Name (do not use/or\in name) Louise Stilson 11-12-2008 Election Dates s Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-217 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING FILING DATES AND PROVIDING FOR THE CALLING AND HOLDING OF A PRIMARY ELECTION IN THE CITY OF DANIA BEACH, FLORIDA, ON TUESDAY, FEBRUARY 10, 2009 FOR THE PURPOSE OF NOMINATING CITY COMMISSIONERS TO BE VOTED UPON AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 10, 2009; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by referendum election, the City of Dania Beach has authorized a primary election to determine a slate of candidates for election to municipal office; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA: Section 1. That candidates for Office of the City Commission of the City of Dania Beach for the vacancies occurring in office pursuant to the Charter of the City of Dania Beach, shall file such papers and pay such fees as may be required with the City Clerk of the City of Dania Beach no earlier than noon on the 2"d day of January nor later than noon on the 9`h day of January,2009. Section 2. That a primary election relating to such municipal offices shall be held in the City of Dania Beach, Broward County, Florida, on Tuesday, February 10, 2009, and a general election relating to such municipal offices shall be held in the City of Dania Beach, Broward County, Florida, on Tuesday, March 10, 2009. 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. This Resolution shall 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#2008-217 CITY OF DANIA BEACH Agenda Item # 7. 4F Agenda Request Item Date of Commission Meeting: 11-25-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: Adopt resolution to execute agreement with the Supervisor of Elections to select pollworkers for the 2009 Primary and General Elections. Required by City Charter. Authorizes the City Manager to enter into an agreement with the Supervisor of Elections to hire pollworkers for the 2009 Primary and General Elections. Dept: Acct#: Amt: Fund: General: ❑ water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ M,i,.'I� � :n �: 'I . IN •.. � �. ,.,aAi ..,TAti," ,ism., �n h t I vt.,n"�. .._t ,teil...m ..... Resolution and Agreement Exhibit 1mom Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Louise Stilson Date 10/27/08 Department Director Louise Stilson Date 10/27/08 Assistant City Manaaer Date HR Director Date Finance Director Date City Attomev Thomas J. Ansbro Date 10/27/08 City Manaaer Ivan Pato Date 10/27/08 User Creating Item Item Name (do not use/or\in name) Louise Stilson 11-12-2008 Pollworker Agreement Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ RESOLUTION NO. 2008-218 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH DR. BRENDA C. SNIPES, SUPERVISOR OF ELECTIONS OF BROWARD COUNTY, FLORIDA IN CONNECTION WITH THE SELECTION OF POLL WORKERS FOR CITY ELECTIONS IN 2009; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute an agreement on behalf of the City with Dr. Brenda C. Snipes, Supervisor of Elections of Broward County, Florida in connection with the selection of pollworkers for City elections scheduled for 2009. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on 2008. ATTEST: ALBERT C. JONES LOUISE STILSON,CMC MAYOR-COMMISSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMAS J. ANSBRO CITY ATTORNEY AGREEMENT THIS AGREEMENT, made and entered into the day of 2008 by and between: Dr. Brenda C. Snipes, SUPERVISOR OF ELECTIONS OF BROWARD COUNTY (hereinafter referred to as the "Supervisor") AND CITY OF DANIA BEACH A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA 100 W. Dania Beach Boulevard Dania Beach, FL 33004 (hereinafter referred to as "City", "Town" or "Village") WITNESSETH: WHEREAS, BRENDA C. SNIPES, is the Supervisor of Elections of Broward County, Florida, pursuant to the provisions of Article VIII Section l(d) of the Florida Constitution and serves in that capacity as a Constitutional Officer and under the State of Florida Election Code; and WHEREAS, the Supervisor has specific duties, functions, and responsibilities described in the State of Florida Election Code contained in Chapters 97 through 106 of the Florida Statutes, as amended from time to time; and WHEREAS, among the duties and functions of the Supervisor is the engagement, training, and assigning pollworkers, including Voting Systems Technicians (VST) in connection with Federal, State, County, and certain Municipal and District elections described in Chapter 102, Florida Statutes, including the appointment of election boards consisting of an inspector and a clerk who shall perform their duties and functions as provided for in the State Election Code; and WHEREAS, Chapter 75-350, Laws of Florida (Special Acts, 1975 [the "Act"]), as amended, provides for a uniform filing and election date for all municipal elections conducted in Broward County, Florida, in addition to setting forth the requirements for qualification to office, the conducting of elections and other matters affecting all municipalities within Broward County, Florida; and WHEREAS, during general elections conducted by the Supervisor, pollworkers are hired by the Supervisor and function as her employees during the course of such elections; however, in municipal elections, the aforesaid pollworkers are selected and hired by the individual municipalities whose compensation is derived and paid for by such municipalities for municipal elections described in the aforementioned Act; and 2 RESOLUTION#2008-218 WHEREAS, for convenience, consistency and the proper and efficient conduct of municipal elections, it is common for municipalities in Broward County to specifically request that the Supervisor select, train, and work directly with the pollworkers during municipal elections, however, all payment due municipal election day pollworkers is the responsibility of the requesting municipality for these specific services: and WHEREAS, the Supervisor possesses the requisite legal authority, expertise, personnel, and equipment to assist a municipality in selecting, engaging, training, and working directly with pollworkers in the City's election; and WHEREAS, the City desires to delegate and to assign to the Supervisor the power, duty, and authority to select pollworkers for municipal elections pursuant to the terms, conditions, and provisions of this Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged by the parties, the parties hereto agree as follows: ARTICLE 1.0 Recitals 1.1 The above recitals are true and correct and are incorporated herein as if set forth in full hereunder. ARTICLE 2.0 Duties of Supervisor 2.1 The Supervisor shall conduct the municipal election to be held by the City of Dania Beach on the 10' day of both February and March, 2009, in accordance with the State of Florida Election Code, as amended from time to time. 2.2 At the request of the City, the Supervisor shall select, assign, and train the requisite number of pollworkers for the aforesaid election. 2.3 The Supervisor's decision as to placement and location in precincts and polling places for such designated pollworkers shall be determined by the Supervisor in her sole and absolute discretion, upon and subsequent to the execution of this Agreement. 2.4 The Supervisor shall provide City with payroll sheets after said election(s) for the purpose of the City's payment of said Election Day workers. 3 RESOLUTION#2008-218 ARTICLE 3.0 City's Obligations 3.1 The City hereby engages the services of the Supervisor of Elections, as set forth in this Agreement in connection with the engagement and assigning of pollworkers for all City elections subject to the terms hereof and unless terminated by either party. 3.2 The City shall properly and timely pay pollworkers as required by law and upon City checks or warrants issued directly to the pollworkers. 3.3 The City shall set the rate of pay for pollworkers. The Supervisor of Elections will advise the City of current pay scale for County elections. 3.4 The City shall permit and hereby authorizes the Supervisor of Elections to engage the Broward County Sheriff to assign and place poll deputies for each of the precincts or polling places for said election referred to in this Agreement. Poll deputies should be considered pollworkers for purposes of payment only. The City will also be responsible for directly paying for each of these deputies in the same manner as described in Articles 2.4, 3.2 and 3.4 of this Agreement. ARTICLE 4.0 Indemnification 4.1 To the extent permitted by law, the City shall indemnify, hold harmless and defend the Supervisor from and against any and all claims, causes of action, which may arise out of the engagement and assignment of pollworkers by the Supervisor or the performance of any of the obligations imposed upon the Supervisor by this Agreement. This indemnification and hold harmless provision shall be liberally construed in favor of the Supervisor and shall apply nonetheless to the extent permitted by law. This indemnification shall permit the Supervisor the right to retain legal counsel of her choosing in any matter or proceeding to which or for which this indemnification arises. Nothing contained herein is intended nor shall be construed to waive the City's rights and immunities under the common law or Florida Statutes Section 768.28, as amended from time to time. ARTICLE 5.0 Notices 5.1 All notices, consents, approvals, waivers, and elections which any party shall require or shall desire to make or give under this Agreement shall be in writing and shall be sufficiently delivered: 5.1.1 when mailed by certified mail, postage prepaid, return receipt requested; 5.1.2 by hand delivery to the named individuals representing the party to be notified; or 4 RESOLUTION#2008-218 5.1.3 by private parcel delivery services, or facsimile transmission for which a receipt is provided to the notifying party. Notices, including notice of a change of address or number, shall be addressed or transmitted to the addresses and telephone numbers set forth below, that a party may be designated in the manner prescribed herein: As to the Supervisor: Dr. Brenda C. Snipes, Supervisor of Elections 115 S. Andrews Avenue, Room 102 Fort Lauderdale, FL 33301 Telephone No. (954)357-7061 With Copy To: Burnadette Norris-Weeks, Esq. Burnadette Norris-Weeks, P.A. 401 North Avenue of the Arts Fort Lauderdale, FL 33311 Telephone No. (954)768-9770 As to City: Louise Stilson, City Clerk City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Telephone No. (954) 924-6800 x 3623 With Copy to: Thomas J. Ansbro, City Attorney City of Dania Beach 100 W. Dania Beach Boulevard Dania Beach, FL 33004 Telephone No. (954) 924-6800 x 3635 5.2 Notices, consents, approvals, waivers, and elections given or made as aforesaid shall be deemed to have been given and received on the date of the mailing, delivery, or transmission. When requested by either party, the other shall furnish receipts, paid bills or documents to reasonably verify facts or representations made or pursuant to the requirements of this Agreement. ARTICLE 6.0 Disputes 6.1 Should a dispute arise regarding the interpretation of this Agreement, or in performance of either party hereunder, and should a court action be commenced, the ultimate prevailing party shall be entitled to receive reasonable attorney's fees and costs at both the trial and appellate levels, including the cost and expense of paralegals. Any litigation arising from this Agreement shall be prosecuted in Broward County, Florida. 5 RESOLUTION#2008-218 ARTICLE 7.0 Miscellaneous 7.1 It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 7.2 Any portion of this agreement that is deemed unconscionable, unconstitutional, or otherwise invalid, shall be severed from the agreement and the rest of the agreement shall remain in full force. 7.3 The terms, provisions, covenants, and conditions herein shall be construed solely in accordance with the laws of the State of Florida. 7.4 This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of each of the parties hereto. 7.5 The parties hereto and their successors and assigns shall not record this Agreement amongst the Public Records of Broward County, Florida. RESOLUTION#2008-218 Signed in the presence of: As to City CITY OF DANIA BEACH, FLORIDA A Municipal Corporation of the State of Florida BY: ATTEST: Ivan Pato, City Manager Louise Stilson, CMC, City Clerk STATE OF FLORIDA ) COUNTY OF BROWARD ) THE FOREGOING INSTRUMENT was acknowledged before me this day of November, 2008, by Ivan Pato, who is personally known to me. NOTARY PUBLIC Print or Type Name My Commission Expires: 7 RESOLUTION#2008-218 As to Supervisor SUPERVISOR OF ELECTIONS OF BROWARD COUNTY, FLORIDA WITNESSES: BY: Supervisor of Elections Print Name Print Name STATE OF FLORIDA ) COUNTY OF BROWARD ) THE FOREGOING INSTRUMENT was acknowledged before me this day of 2008, by Brenda C. Snipes, who is personally known to me. NOTARY PUBLIC Print or Type Name My Commission Expires: 8 RESOLUTION#2008-218 CITY OF DANIA BEACH Agenda Item # 7 6 Agenda Request Item Dale of Commission Meeting: 11-10-2008 Public Hearing ❑ Adopt Resolution ❑X Adopt Ordinance(1st Reading) ❑ Adopt Ordinance(2nd Reading) ❑ Award Bid 1RFP ❑ Presentation ❑ Continued from: To extend Sungard Public Sector agreement for five years : .. .! ...._.,9:v a4v mI d ,:, ,iM.USES, _ . .. ,1 3 . .ax.'*v9&@ Contract will expire on May 1, 2009. Comply with City's purchasing policy Dept: Acct#: Amt: Fund: General: ❑X water: ❑X Sewer: ❑X Stormwater: ❑ Grants: ❑ Capital: ❑ t The City utilizes the Sungard Public Sector software applications in accounting, utility billing, building permits, payroll, business license tax and code enforcement starting in October 2003. Since then, additional applications such as human resources, assets managment and Click2Gov for Code enforecement and building permits were added. During the budget process, Finance approached Sungard Public Sector to inquire about any cost increase when the contract expires in May 2009. At that time, Sungard provided us with a 3%costs increase effective May 1, 2009. Two weeks ago, the City received notice from Sungard that the proposed increase is now 4%, however, they will honor the information provided to the City in May 2008 provided that the City will make the commitment to renew the contract prior to the end of December. Staff is recommending to renew the contract for a 5 year period, with a 3%cost increase annually. Under section 15.2 of the the original agreement, it has a"Termination for Convenience"clause,which allows the City to terminate the agreement by giving 6 months'written notice. n&rj A '' 11,1011=E O C u N w . HEM laffiffiWO Resolution Supplement to SunGard Public Sector provider agreement Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 M 3t Doc Submitted by Patricia Varney Date 11/03108 Department Director Patricia Varney Date 11/03108 Assistant City Manaaer Date HR Director Date Finance Director Patricia Varney Date 11/03108 City Attomey Thomas J. Ansbro Date 11/03108 City Manager Ivan Pato Date 11/03/08 User Creating Item Item Name (do not use/or\ in name) Patty Varney sungard renewal contract n , Commission Action: Approved: ❑ Denied: ❑ continued to: ❑ RESOLUTION NO. 2008-219 A RESOLUTION OF THE CITY OF DANLA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXTEND THE CONTRACT WITH SUNGARD PUBLIC SECTOR, INC. (FORMERLY HTE, INC.) AS AN APPLICATION SERVICE PROVIDER UTILIZING THE SUNGARD PUBLIC SECTOR SERVER AS THE HOST COMPUTER SYSTEMS FOR A PERIOD OF FIVE YEARS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Charter of the City of Dania Beach, Part II, 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) without competitive bidding and without advertisements for bids; and WHEREAS, in May 2003, the City of Dania Beach contracted with SunGard Public Sector as an application service provider for applications in accounting, payroll, purchasing, water and sewer billing, land management, building permits, business license tax, and code enforcement; and WHEREAS, several amendments have been made to the contract to add various software solutions which include human resources, click2Gov building permits and code enforcement, assets management and document management services during the past 5 years; and WHEREAS, the current contract is due to expire May 1, 2009; and WHEREAS, in order to obtain the best pricing available it is in the best interest of the City to commit to a new contract prior to December 21, 2008 with an effective date of May 1, 2009; 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 extend the contract with SunGard Public Sector Inc. for another five years at an annual fee as indicated in Appendix A, a copy of which is attached and incorporated by this reference. 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 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 CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2008-219 SUNGARD' PUBLIC SECTOR Supplement to the SunGwif public Sectar Inc.Application Service ProviderAgreemsont Schedule A-Order Farm This Schedule A-Order Form is entered into under the terms and conditions of the SunGard Public Sector Inc.Application Service Provider Agreement dated May 29,2003(Agreement),between SuoGard Public Sector Inc.(Su aGard Public Sector)and City of Dania Beach,FL(Customer). Unless otherwise stated below,all terms and conditions as stated in the Agreement shad remain in effect. Customer Name: City of Dania Beach, FL Yes No Initial thdcr Form X Agreement Number: RANI-081317-1 R lacement Order Farm X Replaces Order Dated 1. Term:Begins May 1 e,2009 and continues for a period of sixty(60)months. 2. Application Groups: Monthly Access Fees Appaetllons andfor Services Monthly Access Fee Existing Products S 8,218.00 (Currently Lkensa0 ASP NsvLM Renewal:GMSNExended ReporY(V-GMIER.Asset Monagermnt II-A2,Cash Receipts-CR.Work OrderatFaclky Management- W F,Purchssingllnvantmy-PI,Accounts Receivable-MR,Human Resources MR,Customer information System-CX,CIS Handhold Base Integration QTRON)-CU.LandiPamsl Management-LX,PoyrolliPenomlel-PR, planning a Engineering-PZ,Building Permits-BP,Business Licenses-OL, Code Enforcement-CE,Finarn:ea Bsreode Solution Intertsee-SA,Ctick2Gov Coro Module Embedded-Kt,Cft2Gov Building Pomihs-K8.Cilck2Gov Code Enkxcement-K0,One Point Payment Engine-K4,ORep Catalogs(A2. OR.GM,WF,Pi,PR,MR,LX„PZ,BP,OIL,CE,CX)-CJ,Document Management Services-DX Thad Party Products ORep Admin(1 User)-CG Admin,ORep End User(4 Users)-CG.Verisign Included in Ceitls(DC) Fee MonlhlyAWess OpyMew Base System with Text Seerch Capabilities for a ful function Third Party Products concurrent users hdudeo in (Hosted) CpaViow Base System-2 Mine user aubscriplions MonaiF Access fee OpdSpool Bass System for 5(do function concurrent users: Included In RatroMMaintonalce 10 Chisels Mors"y Access Fee Service$ HELP UniriiMd Continuing Education Pass,Disaster Recovery Plan for Monafldtss cluded In sunl3ard Pubac Sector soptiostions y Fee Concurrent Sessions-Monthly Ace*"pee Included In 2a ASP Shared Enviranmero Monody Access Fee Byagm Total: >: a,21aA0 3. Payment Terms: Monthly Access Fee: The Initial Monthly Access Fee will be due May 1,2009. Subsequent Monthly Access Fees will be due on the first ofthe month thereaRer. Monthly Access Fees will be invoiced in advance on a monthly basis for a term of sixty(60)months at the rates listed below. Months I-12 S8,2I 8.00 per month or$ 90.616.00 per year; Months 13-24 $8,465.00 per month or$101,580:00 per year; Months 25-36 $9,719.00 per month or$104,628.00 per year; Months 37-48 $8,981.00 per month or$107,77210 per year; Months 49-60 $9,230.00 per month or V 11,000.00 par year; ASPwyre ffl,Seledide A•(Lnkr Form DANW91317.1 ASP OMu Fo Aw Va 1101,07 Page 1 or2 IW27120M - M Following the initial term,Services will be provided on a year-to•year basis provided the Customer exercises the option and pays the then current Monthly Access Fee. Travel and Living Expenses: Travel and living expenses ate in addition to the prices quoted above and will be invoiced as incurred and shall be governed by the SunGard Public Sector Corporate Travel and Expense Reimbursement Policy. Travel and living expenses actually iDcunvd in prior months for which SunGsrd Public Sector is seeking reimbursement,shall also be invoiced monthly. Note.Following the execution of this Schedule A-Order Form,any new Modification Retrofits provided by SunGard Public Sector will be added to the next annual renewal period,pursuant to Section 4 below. 4. Modification Retrofits. For each non-standard Application in library HTE.MOD that was written by SunGard Public Sector or any Application that has had custom modifications performed by SunGard Public Sector at the Customer's request, SunGard Public Sector will perform all necessary programming to ensure that the program is compatible with each new software release, version, or program temporary fix mate available by SunGard Public Sector. Fees for Modification Retrofits to be maintained are determined on an annual basis. This determination is based upon the number of modified objects prior to the beginning of each annualized ASP Term multiplied by the then current rate charged per object. CITY OF DANIA BEACH,FL SUNGARD PUBLIC SECTOR INC. Authorized Signature AuthorizediSignatuiv +Qt �,.1L7"{rft F J t'y.i tit� Prim Name&Title Print Namur&Tit October27 2008 Date Date ASP Aaeemm%Sd.dde A-Onkr Pam DAN]W1317.1 ASP order Fre dX va 110107 PAF 2 er2 1627120011 17. 7 CITY OF DAIVIA BEACH MEMORANDUM TO: Mayor and City Commission CC: Albert C. Jones, Mayor Ivan Pato, City Manager Dominic Orlando, Director of Public Service Phil Reeves, Building Official Corrine Church-Lajoie, Principal City Planner LouAnn Patellaro, Planning Inquiries Louise Stilson, City Clerk FROM: Thomas J. Ansbro, City Attorney DATE: October 29, 2008 RE: Proposed Change to City Ordinance Entitled "F lood Damage Prevention"; New Regulations for "Marinas" In April, 2005, the City's "Flood Damage Prevention" Ordinance (Chapter 12 of the City Code of Ordinances) was amended and updated in a number of respects to comply with suggestions made by FEMA representatives. One of the principal changes had to do with raising the " lowest floor" requirement (this includes the lowest floor of the lowest enclosed area for a building, even a basement of a building, with certain exceptions, such as garages and storage areas). At FEMA's suggestion, the City raised the requirement so that a new or substantially improved building would have to be constructed with the lowest floor at least one (F) foot higher than what the Flood Insurance Rate Map for a particular area would require (usually between four feet and seven feet above mean sea level). City staff, including Mayor Albert Jones and City Commissioner Bob Anton, met with FEMA on September 26, 2008 (all Commissioners were invited and it was a meeting for which a public meeting notice was given). It was discovered that marinas need not be subject to the "FEMA plus one (1') foot requirement, if the City chose to amend its flood ordinances. Since marinas are expected to undergo renovations, including the Banyan Bay Marina, it was suggested that the City should amend the ordinance, to provide a requirement that either allows for an elevation to meet only the minimum FEMA requirement, or "FEMA plus one inch". A definition has to be created for a "marina", so I drafted a definition which is based in part upon definitions of marinas in Webster' s Dictionary and dictionaries used by planners. I expanded it to identify some, but not all, "rel ated uses" of marinas. It was suggested that the Marine Advisory Board be contacted and I appeared before that Board at its October 15, 2008 meeting. After some suggestions, a definition was prepared to read as follows: "Marina", for purposes of this Chapter 12 only, means a commercial facility with access to and in close proximity to navigable waters that provides secure moorings or places for storage of pleasure boats, commercial vessels, or both, including related uses such as repair facilities, offices, retail sale of marine supplies, equipment and sundries and restaurants, but excluding any residential use". Also, a "FEMA plus one (1") inch" requirement was recommended by the Public Services Director and there was no objection by the Building Official. The FEMA representative was also contacted, and he agrees with the revisions. Therefore, the amendment for marinas is attached and ready for City Commission consideration (adoption of an ordinance). 2 ORDINANCE NO. 2008-030 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO FLOOD REGULATIONS; AMENDING CHAPTER 12, "FLOOD DAMAGE PREVENTION" OF THE CITY CODE OF ORDINANCES TO CREATE A DEFINITION FOR THE TERM "MARINA" (SECTION 12-5, "DEFINITIONS") AND CREATING A SPECIFIC BASE FLOOD ELEVATION FOR MARINAS (CODE SECTION 12-52 "SPECIFIC STANDARDS"); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Section 12-5, "Definitions" of the City Code of Ordinances is amended to read as follows: "Marina", for purposes of this Chapter 12 only, means a commercial facility with access to and in close proximity to navigable waters that provides secure moorings or places for storage of pleasure boats, commercial vessels, or both including related uses such as repair facilities, offices, retail sale of marine supplies, equipment and sundries and restaurants, but excluding any residential use". • • • Section 2. That Section 12-52 of the City Code of Ordinances is amended to read as follows: Sec. 12-52. Specific Standards. hi all areas of special flood hazard where base flood elevation data have been provided, as set forth in section 12-7 or section 12-32 (k), the following provisions are required: Section 3. Elevated Buildings Enclosures. (6) Marinas. New construction and substantial improvement of any marina shall have the lowest floor, including basement, elevated no lower than one (1") inch above the base flood elevation as specified on the Flood Insurance Rate Map. Buildings such as dry stack facilities and other elevated buildings to be constructed or improved are permitted under the provisions of Section 12-52 (3),below. Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed. Section 6. That this Ordinance shall be effective immediately at adoption on second reading. PASSED on first reading on 2008. PASSED AND ADOPTED on second reading on 2008. ALBERT C. JONES MAYOR—COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY 2 ORDINANCE#2008-030 CITY OF DANIA BEACH Agenda Item # Agenda Request Database Date of Commission Meeting: 11-10-2008 Public Hearing X❑ Adopt Resolution Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: 10-28-2008 RESOLUTION NO.200&704 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 200&105;SPECIAL EXCEPTION USE SE4)3-06 GRANTED BY RESOLUTION 200E106;VACATION VCA3 6 GRANTED BY RESOLUTION 2006-112:AND SITE PLAN REQUEST SP4)3-06 GRANTED BY RESOLUTION 2006-107,FOR THE PROJECT KNOWN AS PIRATES INNICASA 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-03-06NC-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 Public Hearing Notice Location Map Mailing List Site Plan Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Corinne Lajoie Date Deoartrnent Director Corinne Lajoie Date Assistant City Manager Date HR Director Date Finance Director Date City Attomey Date City Manager Date Commission Action: Approved: ❑ Denied: ❑ 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 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 Is` Avenue generally located between the Pirates' Inn and the former Fish Grill properties, the fifteen (15) foot alley located on the former Fish Grill site and the one and one half(1%2) foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE I" 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 November 10, 2008 TO Ivan Pato, City Manager A ' FROM Corinne Lajoie, AICP, Principal Planner � 0Z_P SUBJECT 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. 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 ranging in size from 680 sq. ft. to 1,474 sq. ft., 10,000 sq. ft. of retail, and 10,000 sq. ft. of restaurant. On October 28, 2008 the City Commission continued this item at the request of the applicant. 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 property was rezoned to Transit Oriented Development (TOD) earlier this year. The TOD zoning provides flexibility in meeting parking requirements, allows 14 story buildings subject to conditions, 75 dwelling units per acre, 5% pervious area, and specifies ground floor and upper level setbacks. TOD allows significantly more development potential than C-2 for quality projects. Preliminary analysis indicates the approved plan does not comply with TOD parking, pervious area, some setbacks, and density criteria. The approved plan allows 100 units per acre. Extension Request: The applicant is requesting a 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 October 28, 2008 the City Commission continued this item at the request of the applicant. 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, 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 & PLOUCHA, P.A. ATTORNEYS AT LA ONE FINANCIAL PLAZA 100 SOUTHEAST 3`tO A VENUE SUITE 1400 FT. LAUDERDALE,FL 33394-0030 W✓vW.AMNSON-DINER.COM DAVID B. MANKUTA BROWARD. (954)925-5501 dbm@atkinson-diner.com MLAw-DADE (3D5) 944-1362 BOARD CERTIFIED IN CDNSTRUOTION LAw FAX (954)920-2711 September 26, 2008 Via Facsimile & U.S. Mail ° 1 954-922-2667 ° Ms. Corinne Lajoie 70H Planning Director City of Dania Beach at61 100 West Dania Beach Blvd. t f 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 feast 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. e o4KU D ID B. A DBM/jpa cc: Hollywood Investments Group I, LLC. 4429ss_1 DCT 16 2(08 11.44 FR RDSMP iu F lAohIIA 9r BUILDING PXE 51IDAD 86;23 95 iBJ81/28f1B 4922268t `Post-*F"Note 7M o e Co. cft of(Dania Beady Fk db r r Department of Cons nft r Development Parr 7( � Plattmag and ZOI"Division (954)924-6805 Phone tkvvWANdabsadM.gov General Development Applioation €€ 0 Adwdnlatfw"u Vadance r-5rT-�'' :f`E � 'f l G ASAOMVMt of irlegIReserve Units 4 4 Cl Land UeeAmendme l: a �Damon ROWASIt Q kesenbeg F Reeek ❑ Sra Plan patitlon Na a T way hr SPUW ar _- '7 T"a r t to ar et ❑ Yerboce I ❑ Roadway Vacationbrbovied m pDy�; Hten Ex sion of approvals �lL-o3=Ck. Cy-4; 5'r-03-ol=Ck� TKW AppLSP. non 1 m.L fm*T BE At7 rmo umu LT is COMPLM AND SUED W M ALL NECBWMY WWHENTS. Refer to the appfitetbn type at the top of this form ard'"Regobvi l Documentation"d to darmine ffie wppfementaf doc=W is M#md w1th each apPNcaiien- For after the W aoki dons, ffre responsbis=*w=of rewnd shah be present st the Board hearing. 7her MIlUre tO attend may ur ea upon the dlspoftm of Your appilastian. As always,the applicant or d1ek euftKaed legal agent mWt be present at all meedn95. AG prvje=m=also ebttin a budding Pwmtt from the Ws Building Departnent. Location Address:`4 North. FadeYkt-Bighwag�, Dania Beach, FL see atta see attached Lot(9);see attache�bdC -- Sir�lolt: Recorded PIK Name: Main FpgoNumb%r,q): 504234011860 LegalDOScriprSon: See attached -_ 4P alReprfative etpte)David B. Mankuta, Bs9• Adem oftppffmnt - One Financial Plaza, Ste. 1400, Ft. Lauderdale, FL 33394 Buaine0T0ap,o= 954-925-5501F&: 54-920-2711 E�gal; Hollywood Investmeat .Group I, LLC. Name of ProWW Owner. Aftem of Property Owner:__1900 Taylor street, Hollywood, FL 33020 Business Teiephane: Nome; Fax; approvals are due to expire. For a variety of reasons, we require EAAanb"of Requ0st additional Fa-Ab&Pbro pvWde pvgMef PW MM Ar V please attar7t aft" t a5 pw' time. Aticlet0.13Of 0WW20,2b0h79CO& approx. Prop-Net Acreage:_ Gros Acreage: 2-3 _,pry.Square Fudge: Ong Lim, hotel; vacant Froposed use; apartments Is property owned ind vldualiy,by a corporation,or a joint velure? a limited liability company DCT 16 2009 11:44 FR ADSMP a 00 r�++l e�ivw�ceie'�.. 18/81/2088 89:23 95492P2U7 DA>aA BEAOH WILDTt� PAGE 82/DrD I ufdoratand that site plan and variance aPPMV81 "Woodral2� wftM 1-2 Mora$of OW Coemn"on approval,prx>luant ApplkanVOwner 5IQnatune Print Name Date AppucANT,CONSULTANT,OR LEi M ROW SMATIVE NOTARIZED SUGAATURS S1,mm{toed subscribed befte me a tative: This Y a<Q--g—)Ur20/ n Name of Nofmy Public (Print Name) of ' One Financial Plaza, Suite 1400 1v r e 100 SE 3rd Avenue, Ft Lauderdale, FL 33394 Prtrrt Name Of Notary StreetAddreaS,CLf,State and Zip Cade 954-925-5501 (Ph) 954-920-2711 (fax) YYCAAa19 IiDD Telephone No.&Fax NO, ' s,q,acxlz2olo a,�m,,tmrerekuroau INDrvZDUAL OWNER NOTARIXW SIGNATURE: This is to C&*that I am the see simple Owner of S jbjeat lands described above and drat I have authorized to make and file the aforesaid applknfJon. Sworn to and Sub=ted bd tam me Owner This _day of —20 1?etz:_.r�- .99n Name Of-Rotary PL& (Pant Name) ~- Slate of( ) Print Nine of Notary AddrtRs,City,Sty and Zip fade Commisslon SgSms. Simi: Telephone No.&Rax No. OCT 16 2008 11:44 FR RDSMr LEGAL DESCRIPTION The source of the following legal description is a survey by Cousins Surveyors&Associates, Inc. and RMRC believes this to be acourate for the purposes of appraising the Property, however does not warrant its=Tectness for any other use. Lots 15, 16, 17, 16, 19, 2D, 21, 22, 23 and 24, Siock 12, 'THE TOWN OF according to the Plat Thereof, as recorded in Plat tBook ' he Public for t and less Records of Miami-Dade County, Florida. Less the rig State Road of and being in andBro less the right-of4M for Dante Beach Boulevard, said lands lying ard County, FL Together With: Lot 27, less the right-cfwray of Dania Beach BOU[Wwd; Lots 28, 29, 30, and 31, Block 2, 'ESIOLSON ADDITION TO THE CITY DANW, according to the Plat thereof, as recorded in Plat Book 7, Page 1o,of the Public Records of Broward County, FL. Lots 1, 2, 3, 4, 5, and B. Block 1, Less the right-of-way for Dania Beach Boulevard, together with Lots 1 and 2, Bicck 6, `BEACHWAY', according to the plat thereof, as recorded in Plat Book 8, Page 33 of the Public Records of Broward County,FL * TOTAL PRGE.04 Mayor Anton opened the Public Hearing. Patricia Tyra,2912 SW 54t' 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, ATKIINSON, 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 I'T 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 22,2009—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 NNE 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 MLANKUTA WITH THE LAW FMI, SON DINER, STONE, MANKUTA & PLOUCHA, P.A., ATKIN FOR I LLC, REPRES ENTING ING HOLLYWOOD INVESTMENTS GROUP, , VARIANCE VA GRANGRANT DSBY TRESOLUTION 2ION 22006-105; 006-106; PECIAL EXCEP TION USESE S SE 03 0 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 IIT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER; PROVIDING FOR AN EFFECTIVE DATE. VnIEREAS, 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 Ch apter 28, residential/commercial building (maximum height in C-2 is 40 feet), p "Zoning", Article 4, "Schedule of Lot Yard and Bulk Regulations"; 2) Variance to allow tandem/stacked parking spaces for apartments (tandem parking othemise 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% - 309/6), 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 Cornnussion approved a Special Exception request allocating 305 Local Activity Center ("LAC") dwelling units to construct a mired-use residential/commercial development for the property, by Resolution 2006-106, subject to conditions; and \TVREREAS, on June 27, 2006, the Cit}, Commission approved the vacation of a portion of NE I51 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 in 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 Conmmission; and NVHEREAS, 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 vaUREAS, 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 NVHEREAS, 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; RESOLUTION 42009-019 NOW, THEREFORE,BE IT RESOLVED BY THE CITY CONMSSION OF THE CITY OF DANIA BEACH,FLORIDA: Section A. 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, 2009, subject to the applicant submitting complete plans in compliance with the 27 conditions previously listed and subject to review by staff to detemline if the building can be hall appear before the Dania Beach CRA Board before accommodated on the site. Applicant s October 22, 2009 to present its conceptual building plans for Board review. Section 2• That all such approvals are subject to fire conditions previously approved by the City Commission. ec_ t2 That all resolutions or parts of resolutions n conflict with this Resolution S 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, 200S. ATTEST: , B B ANI . LOUISE STILSON, CM MAYOR-COMMISSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY: THOMASj. BRO CITY ATTORNEY RESOLUTION #2008-019 3 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 RolI 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 RESOLUTION EXTENSION EXTENSIONWAS AP ROVED ON JJUNE 26, 2007, AND EXPIRES ON SEPTTEM ER26, 07 (ORIGINAL) RELATING TO THE REQUEST FOR APPROVALS SUBMITTED BY DAVID MANKUTA WITH TIIE 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 2D06-112; .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. City Attorney Ansbro read the title of Resolution 42007-154. Laurence Leeds, AICP, Community Development Director, provided the history of the property. He noted th at 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, lie 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 dhTcrcnt from what was previously approved. She also questioned the traffic flow through the building. Director Leeds noted that he prefers the traffic flow on fit 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 cf 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. lie noted his client has invested over $100,ODD 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 Bcrtino 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 Or 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 conecmed 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 arc two issues that need to be resolved: the sire 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. I Attorney Mankuta noted they appreciate the Commissioners comments and thev are making an effort to address the conditions required by the City. They have spent a significant amount of moncv and want to continue with the project. Seeine as there was no one else to speak in favor or opposition, Ma}'or Anton closed the Public Hcarino 1. Commissioner Flury motioned to adopt Resolution 42007-154, 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 4.4 RESOLUTION 42007-1 5 5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY FLOOKER ADAMS ON BEHALF OF JANETTE 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 13T11 TERRACE. DANIA BEACH:PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-155. Iaurence Lteds, 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 Nis. 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. Nis. 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 con£nned delaying the request for rnvo weeks would not be a problem. Mayor Anton opened the Public l fearing. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,September I I,20D7 - 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, 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, PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE I COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WITEREAS, on June 27, 2006, the City Commission approved the following requests for v_anancss: - — — --- ------ - - 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 packing 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 VVHEREAS, 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 VVHEREAS, on June 27, 2006, the City Commission approved the vacation of a portion of NE In Avenue generally located between the Pirates' Inn and the former Fish Grill properties, the fifteen (15) foot alley located on the former Fish Grill site and the one and one half(1'/2) foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE 1'` 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 VVMREAS, 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 VVHEREAS, 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 5eetion 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 repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediatelyup s__on it passage and adoption. PASSED AND ADOPTED on September 11, 2007. ATTEST: ti i2 �R U � � �BdB ANTO LOUISE STILSON, CMC MAYOR-ebMMISSION_ER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS BY. THOI�IAS .AMBRO CITY ATTORNEY 3 RESOLUTION#2007-154 Commissioner Bertino Yes Commissioner Fury Yes Commissioner Castro Yes Mayor Anton Yes 9.5 RESOLUTION#12007-117 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-D6 GRANTED BY RESOLUTION 2006-1 06; VACATION VC-03-06 GRANTED BY RESOLUTION 2DD6-112;AND SITE PLAN REQUEST SP-03-06 GRANTED BY RESOLUTION 20D6-107, FOR THE PROJECT KNOWN AS PIRATES INN/CASA BEN],FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE IT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbm read the title of Resolution 42007-117. 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 Lermar 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 tallied 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 rnove 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 fled 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 Attorney Aasbro recommended deferring this item until the July 24 h City Commission meeting when a frill Commission is present. Attorney Atkinson emphasized the fact that the pen-nits 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 m2007-117 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 Sc 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- SITE PLAN REQUEST SP- 06 GRANTED BY RESOLUTION 2006-112; AND Q 03-06 GRANTED BY RESOLUTION 2006-107,FOR THE PROJECT KNOWN AS PIRATES INNICASA BENT, 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. W-EIEREAS, 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 tandemistacked parking spaces for apartments (tandem parking otherwise prohibited), per Chapter 29, "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 29, "Zoning",Article 29, "Pervious and Impervious Requirements"; and 5) Variance to reduce required overall project parking by 26.3% (929 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 VirREREAS, 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/commemial 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 0 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 11/z) foot,wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE 11 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 WF[EREA.S, 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, 2009; 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. yATTEST: fi]BANT N EMS , STILSON, CMC CO SSIONER CITY CLERK APPROVED AS TO FORM AND CORRECTNESS 9 BY: I S RO CITY ATTO Y 3 RESOLUTION 42007-117 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 Bertino favored of the project, but we need to consider a major traffic solution in the City. He agreed with Commissioner McElyea's suggestion. Benjamin Wohl thought by vacating the roadway, people would be circulating in a residential street instead of a commercial street, and suggested traffic go through the building, rather than the City giving up access way. Mayor Flury agreed with Commissioner Castro that the traffic problem would be created by the Casino, not this building. She thought if this project moved forward, we would have the opportunity to find a better solution to the traffic issue. Rebecca Trinkler felt that if this building provided housing for people coming to the Casino, the Commission should assume that all the parking spaces would be utilized. Commissioner Castro motioned to adopt Resolution 420d6-112, with staff conditions in Exhibit "A" and the two conditions requested by the Planning, and Zoning Board; seconded by Mayor Flury, who passed the gavel to Vice-Mayor Anton. Commissioner Bertino asked if the developers would consider building a tunnel under the road. Attorney Miskel responded that if this were done, they would lose more parking and a more dramatic variance would be required. She also indicated that some business owners might not be aware that the Department of Transportation would be closing the median which would preclude left turning movement on to I" 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 SUBMIl'I'ED BY CINDY MEYER REPRESENTING HOLLYWOOD INVESTMENTS GROUP, LLC., FROM CHAPTER 28, -ZONING", FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE 11T 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 26.39/0 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 CPA 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 30 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. 3oth 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 42006-105, 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 42006-105, 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 parldng by 22%, with Staff conditions is Exhibit "A" and subject to this approval being non-transferable to any other property owner; seconded by Vice-Mayor Anton. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.5 RESOLUTION#2006-106 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING A REQUEST SUBMITTED BY CINDY MEYER REPRESENTING HOLLYWOOD INVESTMENTS GROUP, LLC., FOR A SPECIAL EXCEPTION TO ALLOCATE 305 LOCAL ACTIVITY CENTER ("LAC' DWELLING UNITS TO CONSTRUCT A MIXED USE RESIDENTIAUCOMMERCIAL DEVELOPMENT FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE IST 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 Roil 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 1T COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Director heeds reminded the COmmiSSiGn 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 Attomey 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 92006-107, with Staff conditions in, Exhibit "A", the fmal 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 4-0 Roll Call vote: Commissioner Rertino 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 4`h of July. Minutes of Regular Meeting 22 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 9th Street and 14`t'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 Griffm 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 CPA 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 Pato and Community Development Director Leeds, to develop a plan and place it on a flture agenda. Minutes of Regular Meeting 23 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. r RESOLUTION NO. 2©06-105 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. WHEREAS, the Dania Beach Code of Ordinances, Chapter 2S, "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 14D 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". f for property generally located on the north side of Dania Beach Boulevard between US I andNE I 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 DA.NIA 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 6.2I, "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 permitsapprovals required to construct a temporary sales office: 1) Approval for Variance 95, 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 Ioading areas prior 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 i columns. Revise plans in accordance with parking code. 9) Florida Department of Transportation (FDOT) approval of roadway improvement plans prior to issuance of any building or infrastructure permits. 10) Location of curbs shall be approved by FDOT on Dania Beach Boulevard and US 1, to ensure that public sidewalk is provided. 11) Clock tower location subject to confirmation of compliance with ADA and maintenance/liability. 12) Provide a sidewalk detail showing location o€trees(landscapizzg(fumiture. 13) Public sidewalk detail (including materials, location,width,proximity to trees, tree grates,aid travel lane)to be designated on the plans and determined to comply with ADA (Building), maintenance/liability(Legal), and planning concerns. 14) Dimension of private sidewalk and arcade shown on Sheet A1.00 as 20' 3"; same is shown on Sheet A1.01 as 19' 3". Revise plan to eliminate inconsistency. 15) Valet Parking to be provided on a 7 day/24 hour basis. 16) Show location of public lighting on site plan and landscape plan in RED. 17) Identi€y 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 dun,psters. 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#20,06-105 24) Condominium documents (to be approved by City Attorney prior to issuance of any building permits) to reflect condition No. 23 above, and further restrict individual unit-owner rentals to no more than one rental per year. 25) Condominium documents to disclose to purchasers that "guest parking is not provided and limited valet guest parking is available on a first-come,first-serve basis in the retail parking area". 26) Condominium documents to disclose to two-bedroom apartment purchasers that two reserved parking are provided in a tandem (one car parked behind the other) arrangement. 27) The requested vacation of NE I't 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 F LURY MAYOR-COMMISSIONER AT EST: _ LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FORM AND CORRECTNESS 4 RESOLUTION#20©6-105 BY: THO" J. ANSB CITY ATTORNEY 5 RESOLUTION#2006-105 RESOLUTION NO. 2006-106 - A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING A REQUEST SUBMITTED BY CINDY MEYER REPRESENTING HOLLYWOOD INVESTMENTS GROUP,LLC.,FOR A SPECIAL EXCEPTION TO ALLOCATE 305 LOCAL ACTIVITY CENTER("LAC')DWELLING UNITS TO CONSTRUCT A MIXED USE RESIDENTIAUCOMMERCIAL DEVELOPMENT FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE I ST COURT,DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Dania Beach Zoning Code provides that mixed-use residential/commercial developments are allowed as a Special Exception Use in C-2 zoning districts with the allocation of reserve or flex units; and WHEREAS, Cindy Meyer on behalf of Hollywood Investment Group LLC.,has applied for a Special Exception request to allocate 305 Local Activity ("LAC") dwelling units to construct a mixed-use residential/commercial development generally located on the north side of Dania Beach Boulevard between US I and NE 1" Court, Dania Beach, which is located within the Community Redevelopment Area and the C-2 (Commercial)zoning district; and WHEREAS, the Planning & Zoning Board on May 17, 2006, recommended that the City Commission grant the Special Exception request, based upon the criteria set forth in Chapter 28, "Zoning",Article 6, "Supplementary Use Regulations", Section 6.40, "Special Exception Uses",of the Code of Ordinances of the City of Dania Beach. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That certain application SE-03-06, for a Special Exception Use to construct a mixed-use residential/commercial development for property generally located on the north side of Dania Beach Boulevard between US 1 and NE 1" Court, Dania Beach, which is located within the Community Redevelopment Area and the C-2 (Commercial) zoning district (a copy of vvhich application is attached and made apart of this Resolution as Exhibit"A"),is approved,subject to the applicant addressing and resolving the following conditions prior to issuance of any building or infrastructure permits. This provision shall not apply to permitslapprovals required to construct a temporary sales office: 1) kppmval 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. 4) 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 mainten anc e/li ab i 1 i ty. 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),maintenance/liability(Legal), and planning concerns. 14) Dimension of private sidewalk and arcade shown on Sheet A1.00 as 20' 3";same is shown on Sheet A1.01 as 14' 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. 19) identification of dumpsters, garbage room and garbage truck access on r'toor plan and determined by staff to provide sufficient capacity and accessibility. 14) 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. RESOLUTION #2006-106 27) The requested vacation of NE 151 Avenue shall not be approved until (a) the fee simple property owner dedicates permanent easements plan for electrical, telecommunication, water, wastewater, gas, cable TV and other pipe lines(b) the developer has complied with all the requirements for issuance of a 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:_ t✓% 6Z C �f� LOUISE STILSON, CMC CITY CLERK APPROVED.AS TO FO A CORRECTNESS BY: THOMAS 1. ANsIYRb CITY ATTORNEY RESOLUTION#2006-106 RESOLUTION NO. 2006-107 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA, APPROVING t, 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 I AND NE Isr COURT, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVDXNG 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 I and NE IS`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 I 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. r. 3) Apartment 2E (second level) located in the northwest comer of building is located only 14 feet from the existing two story building to the north. Provide window treatment of this unit to evaluate adequacy of setback. 4) Final building elevation color renderings to be approved by the City Commission prior to issuance of any building permits. 5) Identify laundry facilities within units. 6) This variance approval is non-transferable to any other owner. 7) Revise plan to allow determination of in-bound vehicle stacking and interior valet stacking. City traffic Consultant to review revised plan and determine if there is adequate vehicle stacking,safe interior traffic flow,and sufficient loading areas prior to issuance of any building permits. 8) Provide measurement from column to entrance of parking spaces; Code requires 3 feet setback from entrance. Sheet A1.01 appears to provide less than 3 feet at 3 columns. Revise plans in accordance with parking code. 9) Florida Department of Transportation (FDOT) approval of roadway improvement plans prior to issuance of any building or infrastructure permits. 10) Location of curbs shall be approved by FDOT on Dania Beach Boulevard and US 1, to ensure that public sidewalk is provided. 11) Clock tower location subject to confirmation of compliance with ADA and maintenance/liability. 12) Provide a sidewalk detail showing location of trees/landscaping/fumiture. 13) Public sidewalk detail (including materials, Iocation, width,proximity to trees, tree grates, and travel lane)to be designated on the plans and determined to comply with ADA (Building), maintenanee/liability (Legal), and planning concerns. 14) Dimension of private sidewalk and arcade shown on Sheet A1.00 as 20' 3'; same is shown on Sheet A1.01 as 19' 3". Revise plan to eliminate inconsistency. 15) Valet Parking to be provided on a 7 day/24 hour basis. 16) Show location of public lighting on site plan and landscape plan in RED. 2 RESOLUTION#2006-107 17) Identify location and dimension of sign band on building elevations with 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 purchaser 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 ail 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 1 of Chapter S, of the Code of Ordinances of the City of Dania Beach, all site plan approvals shall automatically expire and become null and void unless building permits are obtained on or before I2 months from the date of this Resolution. Section 3. That all resolutions or parts ofresglutions 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-COIvMSSIONER ATTEST: lezb 0j LOUISE STILSON, CMC CITY CLERK APPROVED AS TO F RM CORRECTNESS BY: / TI3 M.4S S J 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. PLOSKl, AICP, CRAVEN THOMPSON & ASSOCIATES, REPRESENTING HOLLYWOOD INVESTMENT GROUP, LLC TO VACATE AND CLOSE A PORTION OF NE I 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 (I %z) FOOT WIDE UTILITY EASEMENT FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD B IT BETWEEN US 1 AND NE I COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE 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. PlosId, 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 1"Avenue generally located between the Pirates' Inn and the Former Fish Grill properties,to vacate a fifteen foot alley located on the former Fish Grill site and to vacate a one and one (1 %) half foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US 1 and NE I"Court and legally described in Exhibit "A", a copy of which is attached to this resolution; and WHEREAS, the Planning & Zoning Board on May 17, 2006, recommended that the City Commission grant the vacation requests; and WHEREAS, after publication of notice as required by Section 3, Article 3, Part IX of the Charter of the City of Dania Beach, a public hearing was held before the City Commission at its regular meeting held on June 27, 2006; NOW, THEREFORE, BE IT RESOLVER 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 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(I %x) foot wide utility easement for property generally located on the north side of Dania Beach Boulevard between US land 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 eitbctive 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 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. (5) 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.OI 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 byFDOT 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 d 12) Provide a sidewalk detail showing location of trem/landscaping/furniture. 13) Public sidewalk detail (including materials, location, width,proximity to treys, tree grates, and travel lane)to be designated on the plans and determined to comply with ADA(Building), maintenanee/Iiability(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 14' 3". Revise plan to eliminate inconsistency. 15) Valet Parking to be provided on a 7 day/24 hour basis. 15) 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 fact. 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 Attomeyprior 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 Iimited 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 n2006-112 27) The requested vacation of NE Is` Avenue shall not be approved until (a) the fee simple property owner dedicates permanent easements plan for electrical, { telecommunication, water, wastewater, gas, cable TV and other pipe lines(b) the developer has complied with all the requirements for issuance of a buildingpmmit 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 confomuty 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. / Z 42�Z��Z PATRICIA FLURY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO CORRECTNESS BY: TH MAS J S 0 CITY AT RNEY 4 RESOLUTION #2006-112 EXHIBIT"A" LEGAL DESCRIPTIONS VACATION OF PUBLIC RIGHT-OF-WAY A PORTION OF NE IST AVENUE AS SHOWN ON THE "AMENDED PLAT OF BLOCK 2, ESKIISON 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 0011' 40" WEST ALONG THE WEST LINE OF SAID BLOCK 2 AND ALONG THE EAST RIGHT OF WAY LINE OF SAID NE IST AVENUE, A DISTANCE OF 212.00 FEET; THENCE SOUTH 90' OD' 00" WEST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 00' 1 I' 40"WEST ALONG THE CENTERLINE OF SAID NE I ST 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 1 IT 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 IST 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 1 THROUGH 6,INCLUSIVE,BLOCK 1 AND LYING SOUTH OF AND ADJACENT WITH LOT 1, BLOCK 6 OF'BEACHWAY",ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8,PAGE 33 OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA; CONTAINING 2,250 SQUARE FEET MORE OR LESS. (Survey Attached Exhibit A-2) 5 RESOLUTION#2006-1 12 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 ML4MI/DADE COUNTY, FLORIDA. SAID LANDS SITUATE, LYING AND BEING IN BROWARD COUNTY, FLORIDA. (Survey Attached Exhibit A-3) 6 RESOLUTION#2006-112 CITY OF DANIA BEACH Agenda Item # 7• /� Agenda Request Database 1W Date of Commission Meeting: 11-10-2008 Public Hearing ❑X Adopt Resolution X❑ Adopt Ordinance(1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: 10-28-2008 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: ❑ 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. Resolution Staff Report Application Public Hearing Notice Location Map Mailing List —EExxhibit 1 j 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 Attomev 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, 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 CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: November 10, 2008 TO: Ivan Pato, City Manager FROM: Corinne Lajoie, AICP, Principal PlannercA/99�6 c� SUBJECT: VA-47-08: Variance request by applicant Shmaya Waks, for property owner Adel 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. VARIANCE The applicant is requesting approval for parking on the subject property which is located immediately west of the synagogue location. The applicant has agreed to a revised parking plan providing 15 parking spaces on the western portion of the subject property. A copy of the revised parking plan is attached for your reference. The applicant has also provided a letter dated October 31, 2008 in which he agrees to provide "logs, or plants, or the like" to restrict vehicular activity to the commercially zoned portion (south end) of the property. The City's Zoning Code permits off site parking as a variance provided the applicant complies with the following: 1. 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). 2. 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). 3. Applicant must obtain business tax license for synagogue (Planning Division). CITY COMMISSION PREVIOUS ACTION On October 28, 2008 the City Commission continued this item to allow the applicant time to provide a fully dimensioned parking plan. 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 At the discretion of the City Commission. CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE REVIEW SITE PLAN AND RETURN.WITH CQMMENTS IF'ANY Route Date 9/16/2008 +?3dG7 � Z Log'VA•47.08,VA•48-08 a Project Rabbi Shmaya Wake I SEP 1 6 ypp$ � Folio Parking Variance I aQ� ibis COMMUNITYIPLEASE IEW THE ABOVE REFERENCED DEVELOPMENT DIRECTOR'S ST iIAE T�THE PLANNING TO BE AND ZONINGTED IN S BOARD AND CITY COMMISSION.THANK YOU. ®^ Route Via: Mail ! Pick Up L In-house ❑ Fire Marshal ❑ Landscape ElBSO ❑ Public Services ❑ Planner ❑ ram` Other Consultants E%IICGA Approved as submitted ❑ Denied ❑ Comments must address prior ❑ A ro=w/condftionss v S 1to PZ/Commission hearing b11� CM List Conditions l \ , 1 ` ,,•�q,Z� o C 17Y CoMM15S1 oN jo ,DEC! F .4 SUl LY S#-OUL 6E DOAX 511001" ,91L St12Fs}GE e6)A bJT/eNS, a STR-uc-Tt1reXS, 7'0z 5 PcLAFS, 514iv5, H14HZ- Lol,! EGEv>37'i��s `�on�i ours „ ACA.-45s To Signatureu � ) Date n Print Name X `/ 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 comer 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. described as: FIKS I AUL)l I IUN I U GANAL UKUVtS 2S-41 D LU I I IN '/2 , 14 W ''/2, 16 W ''/z, 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 c� Ll 0 Rezoning Plat ation Request Date Reed: //��'�`���o ❑ Site Plan Petition No.: `ln " -� 0 ❑ Special Exception ❑ Traffieway Waiver U Variance O Roadway Vacation ❑ Extended Flours ❑ Other. THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fad applications, the responsible contractor of record shall be present at the board hearing. Their failure to attend may impact upon the disposition of your application. As always,the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Departrnent Location Address: a S �al Ff e ,J Rd 3 333 G-r lv' Pn Lot(s): Block: Subdivision: Recorded Plat Name: so 4a a 3 o3c-o Folio Number(s):03D-03: 0300 Legal Description: .51-t M ns Address of Applicant: 5200 S ✓ �8 lsA y �I, G�c dG Z3 31�- Business Telephone: `FY-732 `Home: 55-Y-JF89I-r 06& Fax: , y I Name of Property Owner: ` , 1 �� `k �n �, f �w( Address of Property Owner:S 1 l� �-� �" 1 c- , t ( . 7 33 1 t Business Telephone Home7i5V- !3 D Fax:'7W- x{f of on Esf ie4uesr'` Tc v5E E v� o� x;� P1orF�isv ;20 P�¢Lldaf- �"J- For Plats please provde proposed Plat Name br Variances please attachCrrtena statement as per Arade 10.13 of 07apter28,Zoning Code. Prop. Net Acreage: Gross Acreage: Prop. Square Footage: F�isdng Use: �A�o 'Yoposed e: �?Pfzl G Is property owned individually,by a corporation, or a joint venture? I understand that site plan and variance approval automatically expires Within 22 rnanths of City Commission approval, pursuant to ordinance No. 2DDS-D4€Y Appllcint/ovrner signature Print Narne Bate APpIICAKT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/cDnsuitant/Representaive: This ag' day of Lit/ 20—QY Signs urz: �- Date: Sign Name of Notary Public (Print Name) State of( for+ otCL ) ce-�r'4-' 00 5 ✓ 37 € Print Name of Notary Street Address, City, State and Zip Code y Commission Expires: ©-2-16-o2©D ig `�5�1- -7�2—�j2a6 S Hm,y Mite s am et nolda Telephone No. &Fax No. coo Made Do 9 g Myr.OmmisslDnDD39'085 Ezpires021162D09 IND16( DUAL oWNER NOTARIZED SIGNATURE: This is to certiry that I am the fee simple oPvner of subject lands described above and that I have authorized (Applicant/ConsultanVRepresentatK2) Sk'h tl- rA wA-KS Lo make and file the aforesaid application. _ {{ (� SMIDm to and subscribed before me Owner: l `S `-' This a1_day of rWa` �2D Signanlr . Date: S c��f ` Sign Name >f otary Public (Print Name) State of(F'lD�`'odtC, ) ( /zr�rs�r`nr' M�2Cc�rt �°(7:� 5 j3lDSe� �7 � `ic�'LJrc E�( .3331ti Print Name of Notary S �tre (et Address, aty, State and Zip Code � / Commission Expires: ©�_� 6_ adCr'1 ��7'�� /l�s�� / �� f ^ o t'��7 Seal: Telephone No. &Fax No. HOWry Public S17 al Florida GhhssGne Mana Coa!es a` tdy Commission DD397DB6 Expires 0 211 612003 0 0 3 CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subjeranands described above and that I, as a duly authorized ofcer, have ID makand fi the aforesaid application. Skrna% �u� Sworn to and subscribed before me Corporation Name: �Q 61 47� This o=f day of 20Q� Signature: C Date:: s `' AP lL� (Print Name) Sign Name of Notarryy Public (Print Title) State of(�lvr�o(a. ) 'O'k Print Name of Notary Street Address, Gty; State and Zip Code Commission Fires: � 6 Te�one No. &Fax No. Seal: ,�, Notary Public State of Florida r° �; Christine Marie Coatas My Commission DD397065 �°;R°°e Expires 02n612D09 JOINT VENTURE/IPARTHER HIP NOTARIZED SIGNATURE: described es is e certlry that the bel that referenced that have auly orized uthon ed persons(Applicant/Co sultant/Representative) desQ bed above and that all P to make and file the aforesaid application. Sworn to and subscribed before me This day of 2D_ Signature: Date: (Print Name)** Sign Name of Notary Public State of( ) Print Name of Notary Street Address, City, State and Zip Code commission E"pires: Telephone No. &Fax No. Seal: **Each pater must sign. Attach duplicate sheets as required. 1� 0 N A D HiJING INC, DNA NiBUILES 5l1i STD IEl1Ei�t4,64Y#1,04Y�R 3M4 `PiM(R N4+�60'(M5►!E>�M4t'EAXs II'�6S4Z�t7 APRIL 25h', 2006 To Whom It May Concern: THE LESSOR OF THE PROPERTY LOCATED AT 3326 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. —e- LESSOR: ARIEL EDELSBURG IT- --111:v2�c� Af - --- — 1 � ter✓-_ --- -- .-. } S r oY 7J�.✓��� . - - - -- �er co F _ 1 - �sY--rya--�2�6_. - — - Broward County property Appraiser's Ne vork Ir you are looking to purchase this property,the tax amount LOW shown may have no relationship to the fazes you will pay. (L'ITi11 V.you are looking to purchase this property and are not using portability to transfer any capped savings,please use our Tax BVWD IMPORTANT:: E�c{irrya{or to determine a more likely estimate of your new c ` amount If you own a home in Florida,and wart to see how much portability wlill save you,try our Portability ESVIMatDr. Click here to dlsplaY your 2007 Tax Bill. ID# 5042 3D D3 D3D0 Site Address 3333 GRIFFIN ROAD, DANIA BEACH Mrilage pg13 property Owner EDELSBURG,ARIEL& EDELSBURG,SUSANNE Use 01 . I�ei[ing Address :401 P.IAMANDA DR HALLANDALE BEACH FIL 33009 L � FIRST ADDITION TO GROVE 223-41. BLOT 13 W112,14 W1/2,16 W1/2,17 BLK 9 Description Props" Assessment Values Year Land Building Land Value AG .lust value Tax $210,630 Current $173,010 $37,620 $242,390 $5,354.13 2007 $201,64D $40,750 $215,300 $5,229.71 2D06 $177,780 $37,520 Exemptions Assessed/ SOH Value Type Wld/VetJDls 1atHomestead 2nohomestead N$21�630pt $210,630 $242,390 2DD7 Assessed 1 SOH Value $215,3D0 2006 Assessed/SOH Value Sales History Land calculations Price Book Page Price Factor Type Date Type $3.60 47,720 SF 1Z14/2007 QCD $1D0 45112 1D01 $3.05 400 OA 9/18/1996 QCD $1D0 2543D 981 6/1/1991 W $1D5,00D 16673 94 4/1/1975 W $65,0D0 Adj. Bldg.S.F. (See Sketch) 1295 8/1/1972 W $39,00D Eff,Year Budt 1956 Special Assessments MEEE Drainage improvement Safe DS DS 1 Please Note:Fssasssd values shown are 140T certified values and are subject to change before final certincatron for ad valorem tax Purposes- littp://bcpa.net/Recjnfo.asp?URL—Folio=50423 003 03 00 sn_9/loos _ � I I 1 s ! 1 � L oil,III ,aw -� k • . . • • •, ' • • •11 • 11' Broward County property Appraiser's Network - ff you are looking to purchase this property,the tax amount • shown may have no purchase this to the taxes you will pay. l4 H you are looking to purchase this properly and are not using portability to transfer any capped savings,please use our Tax VWD ( PIOR l_ANT' EStiMator to determine a more Likely estimate of your new COUN Y amount. If you own a home in Florida,and want to see how much portability will save you,try our Portability Estimator. Click here to display your 2007 Tax Bill. l0# 5042 30 03 03D3 Site Address 3325 GRIFFIN ROAD , DANIA BEACH Millage 0413 Property Darter N�D HOLDING INC 11 Mailing Address 5310 W STATE ROAD 54 FORT LAUDERDALE FL 33314 Use 1240 Legal FIRST ADDITION TO CANAL GROVES 23-41 3 LOT 15 LESS N 70& LESS S 20 FOR descriptlan RD,16 E1YL LESS N 70& LESS S 20 FOR RD BLK 9 Property Assessment Values Year Land Building Land Value AG Just Value Tax 90 Current $174,930 $379.660 $5 ,5 $536,510 $12,789.37 2007 $174,930 $361,560 $469,350 $12,400.21 2006 $174,930 $314,420 Exemptions Assessed/ SOH Value Type WidNetlDis 1st Homestead 2nd Homestead Non-Exempt $554,590 $554,590 $536,510 2D07 Assessed I SOH Value $489,350 2DO6 Assessed I SOH Value Sales History Land Calculations Price Book Page Price Factor Type Date Type 152.11 FF 1115/1998 WD' $3,757,200 27677 862 $1,150 11/1/1974 W $27,ODO 6035 684 7/1/1972 W $1611500 3/1/1972 W $16,5DO Adj.Bldg.S.F. (See Sketch) 5756 Eff.Year Built 1976 • Denotes Multi-Parcel Sale(See Deed) Special Assessments Fire Garbage Light Drainage improvement Safe DS 04 DS C 21.1 5756 Please Note:Assessed values shown are NOT certified values and are subject to change before anal raarti5caam for ad valorem tax purposes. 0423 00 http://bcpa.net/RecInfo.asp?URL_Folio=510303 5/29/2008 _ 1 I I _i I ' fY: it • • • . .. ' . 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 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: 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: w 0 Q SW 45fH CT Z a LL R-1C c a = R-3 CD F 3 n < LO 3 mC_2 i N Q N » PRIVATE RD Cl y LL YO w QN SW d>TH ST aW y Proposed site ti rL O -y 2 J N Z GRIFFIN RD UL) o < C-2 I I W RM C-3 f w sWaorH ST q PUBLIX SW 49TH ST y wODa) co S O U O O co ' C� N cu N C%4 CD E CL N N O N Co 0 0 r .CD U� . . . . . 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( COO JJRE _ _ - - - - low 2 - - -- _ � I � � , ci-LI ill �� � =K 6a2 9 w � », mZr» I« HzG »»j �a -a L y La E 22�/� 2F k@ ✓ i VAcf; AqR&� ®® $o • «« �&� \a»� of ��� �p®a C�r IS 2 w� r a% e § razz ®im &66 � JUN 2 5 2000 ( � A2S dng ; | 2ag1/Ae4t � VA.V-%, v w t H PEI Z LJ LLJ� . - W p vI D = LJ ZD J in (U m M LJ W w M W t3 Y zcn ozm M a Q LI- 3 HN N� Ld LL �& 0 W � N Qt ® z o Z O o U) w < ® N ¢ o � a � O Z ® a o J Q 3 a �� � ���oo•oz H r� J 00'06 Q W A N M J —J v� zLd ,...� U W to Woo A W a. v=i LJ r-1 f; /VaQ j2�IV195- _P' TkC Aq -(/4r(2'4- "/�C' OR fKc C?4afe CWC �42, — -,�e-1 r2 TO �ck'�F- 5, 5toF Co .n we E one t eg'D M cc cc 0 To: Mayor, Vice Mayor and City Commission Copy: Ivan Pato, City Manager From: Colin Donnelly, Assistant City Manager C� Subject: Enterprise Zone Expansion As you are aware, the Enterprise Advisory Board has been discussing the expansion of the enterprise Zone for the purpose of using up the remaining 3.2 square miles of space. The City supported the expansion with the idea of expanding the City's first, then would consider expansion of existing zones, and then finally to include additional Cities not in the zone. During this process, the Board has been following an expansion model based upon Miami's application, where additional eligible land was created by excluding certain non-developable land inside the existing zone: parks, public buildings, cemeteries and wetlands. Each of the four partners that make up the Fort Lauderdale Enterprise Zone inventoried their non-developable land and proposed new expansions. The City's non-developable land is marked as Exhibit B. We have identified approximately 1,000 acres of non-developable property and then identified 600 acres of expansion. The additional land will go into the "kitty" to be used to expand the Enterprise Zone. The State is allowing more flexible regarding eligible area that isn't strictly confined to census tracks, as such, the City has been able to propose an expansion that targets parcels that have planned development or existing business (see Exhibit A). This was done in concert with Community Development and the CRA. Your consideration and comments on this matter are appreciated. I would like to solidify the City's position at the December 41h Enterprise Zone Advisory Board Meeting. Broward - Election Results �e 1 of 1 �/0 Broward County Supervisor of Elections General Election Registered Voters: 1,008,836 Precincts Completely Reported: 782 of 786 Broward County, Florida Ballots Cast: 693,929 November 4, 2008 Voter Turnout: 68.79% Website last updated 11)5/2008 12:23:06 AM EST Unofficial Results Search Contests Go To Page 1 ;1 Display 5 (3 of 87) DANIA BEACH QUESTION 1 BOISEY-WAITERS (Vote For 1) 13 of 13 Precincts Reporting Percent Votes YES/SI/WI 50.58% 3,397 NO/NO/NON 49.42% 3,319 6,716 DANIA BEACH QUESTION 2 ELECTION DATE CHANGE(Vote For 1) 13 of 13 Precincts Reporting Percent Votes YES/SI/WI 62.97% 5,039 NO/NO/NON 37.03% 2,963 8,002 DANIA BEACH QUESTION 3 TWO YEAR TERM(Vote For 1) 13 of 13 Precincts Reporting Percent Votes YES/SI/W 71.83% 5,968 NO/NO/NON 28.17% 2,340 8,308 Powered by-SOE Software http://results.enr.clarityelections.com/FLBroward/8512/13161/en/summary.html 11/5/2008 Broward - Election Results Page 1 of 1 Broward County Supervisor of Elections General Election 1,008,836 Precincts Completely Reported: 782 of 786 Broward County, Florida Registered Voters: Ballots Cast: 693,993,929 November 4, 2008 Voter Turnout: 68.79% Website last updated 11/5/2008 12:23:06 AM EST Unofficial Results Summary>Vote type summary DANIA BEACH QUESTION 1 BOISEY-WAITERS (Vote For 1) Choice !Election Day Votes Election Day Votes Early Voting Early Voting Absentee/ProvTotal Percent, 'DS200 IVO DS200 Prov1IV0 YES/SI/WI 1,945 4' 853' 0 595!3,397'50.58%, NOMOlNON' 1,973 3' 872, 2' 469'3,319'49.42%I' Powered by-SOE Software http://results.enr.clarityelections.com/FL/Broward/8512/13161/en/vts.html?cid=0174 11/5/2008 O tU O O N OJ O V M O N O fp O E M O� > V M a M M N N M M M N O F- LU 6 M eM- > of T t0 W C O U N Z W • Q M V O O OJ (p O OD V O 0 0 V M D o N N N N NO Z U Od Z W d N O O O O f O M O (D f N M> M V R N N N V M roi • M l0 O H O C N s a Q o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • T m W Z N O) > W T a0 W C O U N W 2 pM70 wNomN � OI� u) N O N N N eoms- N N Obi (6 t W N } W v oMorn <oM � ww �no � d NO N C W N O O O V r NO .T O N — to N � N U C N y 0000000000 �- N M � Broward - Election Results Page 1 of 1 Broward County Supervisor of Elections General Election Registered Voters: 1,008,836 Precincts Completely Reported: 782 of 786 Broward County, Florida Ballots Cast: 693,929 November 4, 2008 voter Turnout: 68.79% Website last updated 11/5/2008 j 12:23:06 AM EST Unofficial Results Summary>Vote type summary DANIA BEACH QUESTION 2 ELECTION DATE CHANGE (Vote For 1) Choice iElection Day Votes Election Day Votes Early Voting Early Voting Absentee/ProvTotal Percent' DS200 IVO DS200 `Prov/IVO YES/SI/WI 2,873 3 1,287 1 ! 875'5,039'62.97%. NO/NO/NON! 1880', 3 741 1i 338'2,963 37.03%I Powered by-SOE Software http://results.enr.clarityelections.com/FLBroward/8512/13161/en/vts.html?cid=0175 11/5/2008 MN n MN 0 W OM .- - N ON N O (0 O H pj n M 0 M N V O ao N O � O O M � 't M MNN N '- R MN N lU O N M N O (O V O V O O O O M O 0 N M M N 7 M N N a M M M C N N a Q `o T m w C M N O M N o a M M 0 0 N.O N — M� O N N O M — N 7 > n T l0 W C O_ N Z W Z to N OD Oo — N N N z CO r' —N N N N N z '5 O d • zw • O N n C N M N t p O M 00 N t0 O F- M O O M O W N O tO M O O M N NNO �D � ' MntO ap nn C N N a Q • Co � 00000000000 � 0 T m w C O O M N N M M n 0 n n O N M O N N M CO > N C-4 • T t l0 W 60 0 0 N o O O O O O O O — M C O N W O N O O n N n M 0 N O n M C — M N M M N N N M M co h O N N W W 'aoMom �oMnaow Nan do0 V M CO -It Mm an `yON RNt0 0 EM a0M of N U C N 0 0 0 0 0 0 0 0 0 N Broward - Election Results Page 1 of 1 Broward County Supervisor of Elections General Election Registered Voters: 1,008,836 Precincts Completely Reported: 782 of 786 Broward County, Florida Ballots cast: 693,929 November 4, 2008 Voter Turnout: 68.79% Website last updated 11/5/2008 12:23:06 AM EST Unofficial Results Summary>Vote type summary DANIA BEACH QUESTION 3 TWO YEAR TERM (Vote For 1) Choice 'Election Day Votes Election Day Votes Early Voting Early Voting Absentee/ProvTotal 'Percent' ,DS200 IVO DS200 Prov/IVO YES/SINVI 3,510 4 1,517'. 1 936',5,968 71.83% ''. NO/NO/NON, 1,488'. 2, 547: 1 302':2,340 28.17%': Powered by-SOE Software http://results.enr.clarityelections.com/FLBroward/8512/13161/en/vts.html?cid=0176 11/5/2008 N a o M NON r- coM � NN OI N — 01 � N N N M .-- � N f0 O H N T N O N N N O O N Q O O N O O O N N N N N - - M N M > � N 76 O F m NN OON N N N V R N N M � O M C N N a Q 0 T A W O N r O r f V O M M 0 > M T L l6 W • 0 0 0 0 .- O O � O O O O O O N C O d Z W � Z_ Q NM OO � �Ofi a} NO M OOMO o Q N Z W • .d. O O O m n � 0 0 ONi n M � V O M t0 co N N N y M n (O O) N m 0 �" o oaNcornv 000coN Nao rcov Nco coo O) M c rn • a Q .- 0 T Z WLJ • C M O M N N N N O M I� O Nm N N N > T IO W c O U N W Q M m 0 0 N N M O M O N O C N M Y M N N N 7 R N (n O M U) U W N )- W `y O O O N (NO R O - M N oo M N U