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HomeMy WebLinkAboutRegular City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JUNE 8, 2010 - 7:00 P.M. 1. Call to Order/Roll Call Mayor McElyea called the meeting to order at 7:00 p.m. Present: Mayor: C. K. "Mad'McElyea Vice-Mayor: Anne Castro Commissioners: Bob Anton Walter Duke Bobbie Grace City Manager: Robert Baldwin City Attorney: Thomas Ansbro City Clerk: Louise Stilson 2. Invocation and Pledge of Allegiance Vice-Mayor Castro gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Presentations and Special Event Approvals 3.1 Approval of a settlement agreement between the City and East West Properties Holding, LLC —Tim Ryan, Special Counsel Tim Ryan, Code Compliance Special Counsel, advised that there were two liens on the property, which exceeded the value of the property three times. He provided a history of the case. Attorney Ryan explained that there was recently a court ordered mediation and a settlement was reached whereby the City will receive $16,000.00. We will complete the foreclosure case unopposed and assign the bid to East West Properties Holding, LLC who would then sell the property. He noted that the property is currently assessed at $44,720.00. Commissioner Duke motioned to approve the settlement agreement with East West Properties Holding, LLC for $16,000.00; seconded by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 3.2 Abatement request for Schmitz Family Trust for property located at 210 SW 7`s Street, Dania Beach—Tim Ryan, Special Counsel Tim Ryan, Code Compliance Special Counsel, noted that this case was heard at the May 20, 2010 Abatement Hearing, but the request was continued to obtain information regarding a mortgage on the property. He advised that the City has obtained a Summary Final Judgment of Foreclosure and the property was scheduled for judicial sale on May 6, 2010. The owner has cleaned up the property and requested an abatement of the lien. Attorney Ryan indicated that the property's current assessed value is $95,470.00. He further explained that there is a mortgage of approximately $50,000.00 including additional balance due for mortgage payments and past due expenses. The property will soon be placed in foreclosure. Attorney Ryan noted that if the City obtains the property and sells it we could clear approximately$20,000.00. Jerome Tepps, attorney representing the property owner, noted there were two code violations on this property; one of them was reduced to about $1,500.00 and paid on time. He noted that $7,500.00 is due, and the property owner could try to pay part of this amount, but not in its entirety. Attorney Tepps indicated that the property has not been rented for months and added that the rear unit has not been rented at all. He hopes that the City makes a reasonable decision in this case. Nick Lupo, Code Compliance Manager, clarified that there were two cases, not two violations. He explained that one case had 13 violations and the other one had 7 violations. The property has been in violation since 2007 but is currently in compliance. Mr. Lupo further noted that the property owner has a long history of violations on other properties as well. Commissioner Grace requested the value of the property. Attorney Ryan advised that the Property Appraiser's office values the property at $95,470.00. The fines are in excess of this amount. He noted that if we surplus the property, and sell it we could net about $20,000.00. Commissioner Castro motioned to deny the abatement and move with foreclosure; seconded by Commissioner Anton. The motion was defeated on the following 2-3 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke No Mayor McElyea No Commissioner Grace No Attorney Ryan noted that having denied the City's request to go forward without an abatement, he would suggest that we discuss a payment plan to abate the fine, since we currently have a pending foreclosure action in court. He advised that the court ruled that the amount due to the City was $132,503.00. Attorney Ryan further indicated that the out of pocket cost for the City was approximately$7,500.00. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,June 8, 2010—7:00 p.m. Commissioner Duke confirmed with Mr. Lupo that the Special Magistrate had recommended a fifty percent abatement of the total fine. Mr. Lupo clarified that the owner of the property has three other properties with code violations. Attorney Ryan advised that this is not a homestead property and the owner holds title as a Trustee. Commissioner Anton pointed out that we need to stop absentee landlords. Commissioner Duke motioned to impose a $10,000.00 fine with 30 days to pay; seconded by Commissioner Grace. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton No Vice-Mayor Castro No Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 3.3 Request by J. J. Kelly for Business Tax Receipts for property located at 2490 SW 321 Street, and 4160 Ravenswood Road J. J. Kelly, 2490 SW 32°d Street, provided a handout to the Commission, and provided a history of his property. City Attorney Ansbro provided a history of the IROM rezoning. He noted that there were only four non-conforming uses which have been continued by the Commission. The other part of the property is limited to storage of vehicles that are road worthy. City Attorney Ansbro indicated that all exceptions expire in 2015 at which time all the uses have to cease or be compatible with IROM. He noted that Mr. Kelly recently introduced a Recreational Vehicle (RV) lease operation which is not permitted, unless he applies for a Special Exception under the IROM zoning which costs $3,700.00. City Attorney Ansbro advised that Mr. Kelly is here tonight because he disagrees with the process. Nick Lupo, Code Compliance Manager, advised that the Fire Department noted people were living in RV's on the property. He further indicated that he and his inspectors noted violations on the property. Mr. Lupo said that Mr. Kelly is a franchisee of the RV business, which is not covered by the agreement. Corinne Lajoie, AICP, Principal Planner, advised the property is zoned IROM and the storage and repairs are allowed. She noted that Mr. Kelly needs to apply for a Special Exception Use. Vice-Mayor Castro questioned the M-1 and M-2 use referred to in the Settlement Stipulation Agreement. She stated that she understands Mr. Kelly's confusion. City Attorney Ansbro advised that the properties were rezoned to IROM, and that M-1 and M-2 do not exist anymore. He remarked that only four uses were allowed. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,June 8,2010—7:00 p.m. Mr. Kelly noted that we are discussing the parcel at 2490 SW 32°d Street, which is different from the other three properties. He pointed out that he gave the City $15.000.00 for the Tree Fund. Additionally, he paid $1,000.00 to his attorney to prepare the Stipulation Agreement. City Attorney Ansbro noted that Mr. Kelly started a new use to lease and sell RV's in IROM zoning without permission. This use is only allowed if the Planning and Zoning Board and the City Commission approve a Special Exception. Mr. Kelly questioned if the Stipulation Agreement was wrong. City Attorney Ansbro noted the document is correct. He suggested Mr. Kelly talk to his attorneys, Mr. Atkinson or Mr. Mankuta, so they can explain what he signed. Commissioner Grace questioned why Mr. Kelly is not allowed to continue with the RV's operation, when the IROM zoning was introduced in 2000 and the City gave him the option to continue with his uses in 2001. City Attorney Ansbro noted that M-1 and M-2 County zoning is gone and replaced with IROM. He reiterated that Mr. Kelly was allowed to continue with four uses because he was lawfully operating them under the IROM zoning. However, there is a process for Special Exception that needs to be followed. City Attorney Ansbro advised that the City would need to change the law to make this a permitted use. Commissioner Duke noted he knows Mr. Kelly and his business. He said Mr. Kelly did not contribute to his campaign, but contributed to Commissioner Grace's campaign. We pay the City Attorney a lot of money to provide the Commission with information and he is firm on this statement. Commissioner Duke remarked that Anglers RV has jumped through the hoops and spent over $1M to improve their property. He pointed out that the goal of IROM was to clean up the properties and make the area more attractive. It is not fair to enforce the rules on one RV dealer and not the other. City Attorney Ansbro noted that the owner of Anglers RV had to seek a text change at a cost of $5,000 and paid for the Special Exception as well. Mayor McElyea questioned if Mr. Kelly would be legal if he got rid of the RV's. City Attorney Ansbro responded in the affirmative. He noted staff would support a request for a Special Exception. Commissioner Duke noted that we may need to look at IROM in general in terms of some outside storage. Vice-Mayor Castro noted that the Stipulation Agreement is very confusing because it refers to M-2. She questioned what else could be done with Mr. Kelly's property due to the flooding issues caused by the City which have not been fixed for a long time. Vice-Mayor Castro thought Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,June 8,2010—7:00 p.m. Mr. Kelly had hardships beyond normal. She further stated that we made exceptions for other properties along Ravenswood Road, even though they paid for the text change. Mayor McElyea noted the property is exceptionally maintained. Mr. Kelly noted the property was approved as a bus yard, but he is not allowed to park trucks. Mayor McElyea questioned if we did not have better things to do than harass Mr. Kelly. He said he wants to help Mr. Kelly. Commissioner Anton agreed with Commissioner Duke that we need to address IROM, although he understands the main reason was to clean up the properties in the area. He noted the IROM zoning inhibits several businesses, including the Marina Mile Association. Commissioner Anton stated that we have extended the use several times and we would probably have to extend it again. He would like staff to bring forward a proposal to accommodate this business because he does not want to see Mr. Kelly financially hampered. Commissioner Anton indicated that once this is resolved, we need to change IROM. He stated that he wants to keep the original intent intact, but does not want to hinder local businesses. Commissioner Grace agreed with Commissioner Anton. There is a way for the City to work with Mr. Kelly and come up with a solution. She noted that we are trying to keep good business in the City and Mr. Kelly has been a part of Dania Beach for a long time. Commissioner Duke noted the City is obligated to fix the flooding on Mr. Kelly's property. Dominic Orlando, Director of Public Services, noted the Florida Department of Transportation (FDOT) is looking for a way to reinstate an outfall that has been eliminated. He said that it would be easier if the City applies for it. Director Orlando further advised that Oscar Bello, Chen and Associates, is working on it and the item would come before the Commission any day. Commissioner Duke indicated that North Trail RV paid to fix their flooding problem. We have bent over backwards for Mr. Kelly. He stated that we need to be fair to everyone. We need to be consistent therefore Mr. Kelly needs to pay for the Special Exception. City Attorney Ansbro noted that the Code Compliance Unit will have to abate all violations until the issue is resolved. He explained that if Mr. Kelly wants to fix the problem, to include the lease of RV`s, he can pay the $5,000.00 fee and submit his request. Vice-Mayor Castro noted the difference in Mr. Kelly's case is that there is a court stipulated agreement and the document is confusing. Vice-Mayor Castro motioned to direct City staff to do a text change under the IROM zoning, at the City's expense, to allow leasing of RV's; seconded by Commissioner Grace. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, June 8,2010-7:00 p.m. Commissioner Anton remarked that we have to draw the line and change this to make us business friendly, especially in the IROM zoning area. He added that most of our problems are in IROM. Mayor McElyea asked what happens if this motion passes. City Attorney Ansbro responded we will need to wait until the text change comes back for Commission approval in approximately six weeks. He further noted that Mr. Kelly will still be able to operate his business. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke No Mayor McElyea Yes Commissioner Grace Yes Mr. Kelly brought up the property at 4160 Ravenswood Road. He explained that the business currently repairs their buses but they have not been able to obtain an occupational license to repair outside vehicles. City Attorney Ansbro provided a history of this property. He noted that on March 27, 2005, Mr. Kelly agreed to a restrictive covenant on this property which is still in place. City Attorney Ansbro read the conditions attached to the covenant. He advised that this would also require another text change. Chris Lauzer, KSA Mechanical Services, noted they propose to repair buses. City Attorney Ansbro noted they are permitted to repair buses only, no other vehicles. Vice-Mayor Castro agreed with City Attorney Ansbro. Commissioner Grace agreed with City Attorney Ansbro that only buses are permitted. Mr. Kelly noted that in the bus business, a van is considered a bus. He remarked that KSA Services runs a transportation business. Mayor McElyea questioned what would be the definition of"bus" in Webster's dictionary. Mr. Lupo noted that they intend to repair buses and other fleet vehicles, including vans and trucks. He indicated that the type of work he wants to do at the site would be a violation of the covenant that is recorded against the property. Mayor McElyea clarified they can only do buses. Mr. Lauzer clarified with the Commission that if they submit a text change, they could do the repairs. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,June 8,2010—7:00 p.m. Commissioner Anton noted that they could stick to the buses while we consider the text change. Vice-Mayor Castro noted that we need to look into establishing a one-stop shop, a City staff person who would answer questions and guide business owners through the process. She questioned why we are not pro-friendly to small business. Vice-Mayor Castro stated that we have to figure out how to make it legal but cut the costs to businesses. Commissioner Duke complimented staff for providing the Commission with the necessary information. He noted he feels we are business friendly because he can see more businesses moving into the City. Commissioner Duke remarked that North Trail spent a lot of money in order to get things done right and they were very pleased with City staff. John Arregoces, KSA Mechanical Services, noted he rents the property from JJ Kelly. He advised that the blueprint dated 1970 shows the building was proposed for mechanical services. Mr. Arregoces asked the Commission to consider his request for an occupational license to do mechanical business. Mayor McElyea noted they need to come back for a text change. Mayor McElyea brought Items #3.8 through #3.11 forward on the agenda. 3.8 Request by Russ Kodner for renewal of Local Business Tax Receipt for an Auctioneer's License for property located at 6 S. Federal Highway 3.9 Request by Russ Kodner for renewal of Local Business Tax Receipt for an Auctioneer's License for property located at 45 S. Federal Highway 3.10 Request by Peggy Lee for an annual renewal of Local Business Tax Receipt for a Palmistry/Fortuneteller License for property located at 219 N Federal Highway 3.11 Request by Diane Thompson for an annual renewal of Local Business Tax Receipt for a Palmistry/Fortuneteller License for property located at 2511 Stirling Road Vice-Mayor Castro motioned to approve all the renewals; seconded by Commissioner Duke. The motion carried unanimously. 3.4 South Florida Water Management District "Rainy Season" Presentation Carole Morris, South Florida Water Management District (SFWMD), presented a PowerPoint overview on "Preparing for the Rainy Season" which is attached to and incorporated into these minutes. She requested the City provide a link to their Website on our Website. 3.5 Presentation of 2010 Comprehensive Emergency Management Plan by Deputy Fire Chief Michael Cassano Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,June 8,2010—7:00 p.m. Michael Cassano, Deputy Fire Chief, presented a PowerPoint overview of the 2010 Comprehensive Emergency Management Plan which is attached to and incorporated into these minutes. He noted a resolution adopting the plan is on the Consent Agenda. Deputy Fire Chief Cassano advised that Captain Bruce Caruso will be the Public Information Officer. He advised that the contact numbers will be available on the City's Website and cable channel. 3.6 Fee waiver request for the Dania Beach Chamber of Commerce to use the LT. Parker Community Center on Friday, October 8, 2010 — Kurt Ely, Chairman, Parks, Recreation and Community Affairs Advisory Board Victoria Payne, Dania Beach Chamber of Commerce, noted the Parks, Recreation and Community Affairs Advisory Board approved the fee waiver for the Dania Beach Chamber of Commerce. Commissioner Duke motioned to approve the fee waiver request for the Dania Beach Chamber of Commerce to use the I.T. Parker Community Center on October 8, 2010; seconded by Vice-Mayor Castro. The motion carried unanimously. 3.7 Special Event request by the Attucks All School Reunion for Attucks All School Parade on July 10, 2010 from 9:00 a.m. — 11:30 a.m. Vice-Mayor Castro motioned to approve the special event request for the Attucks All School Parade on July 10, 2010; seconded by Commissioner Duke. The motion carried unanimously. 4. Proclamations 4.1 Code Enforcement Officers Appreciation Week Vice-Mayor Castro presented the Code Enforcement Officers Appreciation Week proclamation to Nick Lupo, Code Compliance Manager. 5. Citizen Comments Carolyn Jones, 722 SW 3rd Street, and Ruth White, 143 NW 7`' Avenue, requested a proclamation for the St. Ruth's Missionary Baptist Church 102nd Anniversary on August 16-25, 2010. The proclamation would be presented on August 22 during their Sunday service. They also requested funding for a standing historical plaque to be established on the church grounds. Ms. Jones noted that they are registered as an official Florida Heritage Trail Marker. Commissioner Grace noted the church is named after one of her relatives. She said that Commissioner Duke and his wife are active members of the church and support this. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,June 8,2010—7:00 p.m. Vice-Mayor Castro noted she supports sponsorship of the historical marker. She suggested we consider asking other property owners whose homes have been designated local historic sites, if they want historical markers. Vice-Mayor Castro suggested we could start with 4-5 sites if the owners agree to it. Vice-Mayor Castro motioned to support St. Ruth's Marker at a not to exceed amount of $2,200.00; seconded by Commissioner Anton. The motion carried unanimously. Vice-Mayor Castro asked staff to locate the historical properties in the City. Teddie Bohanan, 312 SW 15`h Street, is disgusted that Mayor McElyea let absentee landlords slip by considering they are ruining our community. Chickie Brandimarte, 101 SE P Avenue, discussed an email that a Commissioner sent to try to control Teddie Bohanan in the COPS program. She noted they are allowed to sit in their cars by themselves, and drive their cars. The City Commissioners should have a lot more to think about other than complaining about volunteers. Ms. Brandimarte stated that new people are using the COPS program to better their run for the City Commission. She asked certain Commissioners to leave the volunteers alone. Commissioner Grace clarified that she does not do email. Betty Sokol, 609 NW loth Street, noted Commissioner Duke's meeting was very informative. She provided an overview of the COPS program for residents who may be interested in joining the program. Ms. Sokol asked everyone to get involved and help eliminate crime in the City. She advised that applications are available at the Sheriffs Department. Victoria Payne, Chamber of Commerce, 102 W Dania Beach Boulevard, provided an update of Chamber events. 6. Public Safety Reports 7. Consent Agenda Items removed from Consent Agenda: #7.3, #7.11, #7.16, #7.18 and#7.19 7.1 Minutes: Approve minutes of May 20, 2010 Abatement Hearing Approve minutes of April 10, 2010 City Commission Workshop Approve minutes of May 24, 2010 Charter Review Board Workshop Approve minutes of May 11, 2010 City Commission Meeting 7.2 Travel Requests: None Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,June 8,2010—7:00 p.m. Resolutions 7.3 RESOLUTION#2010-085 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ENDORSING AND ESTABLISHING A FIRE EXPLORER PROGRAM TO BE OVERSEEN BY THE FIRE-RESCUE DEPARTMENT OF THE CITY OF DANIA BEACH, AND APPROVING THE BY-LAWS FOR THE PROGRAM;PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2010-085. Commissioner Duke questioned if the Program was funded. Joe Fernandez, Fire Chief, noted the costs come from fundraising. The purpose of the resolution is to formally institutionalize the Program and cover the liability issues and any other formalities. Commissioner Duke suggested the City fund the Program for the first year. He suggested we start with the amount of$250 per kid. City Manager Baldwin confirmed there are funding sources available. Commissioner Duke motioned to adopt Resolution #2010-085 with the condition that the City fund the Program for the first year at a cost of $250.00 per person, for a total of $3,000.00-$3,500.00; seconded by Vice-Mayor Castro. The motion carried unanimously. 7.4 RESOLUTION #2010-086 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT AN EMS GRANT AWARDED BY THE STATE OF FLORIDA THROUGH BROWARD COUNTY, IN AN AMOUNT NOT TO EXCEED TWENTY-TWO THOUSAND THREE HUNDRED NINETY DOLLARS ($22,390.00), FOR THE PURCHASE OF TWO (2) VIDEO LARYNGOSCOPES AND DISPOSABLE BLADES; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY TO RECEIVE REIMBURSEMENT FROM BROWARD COUNTY FOR PURCHASES MADE UNDER THE GRANT; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2010-087 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT AT NO COST, AS A PARTICIPATING AGENCY OF STATE EMS COUNTY GRANT FUNDING, ALL-TERRAIN MEDIC EQUIPMENT TO BE DISTRIBUTED TO THE CITY OF DANIA BEACH ON AN "AS NEEDED" BASIS THROUGH THE CITY OF FORT LAUDERDALE, FLORIDA, AS LEAD AGENCY FOR A STATE EMS GRANT; AUTHORIZING THE EXECUTION OF ANY DOCUMENTS NECESSARY TO RECEIVE THE EQUIPMENT; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2010-088 Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,June 8,2010—7:00 p.m. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT AT NO COST, AS A PARTICIPATING AGENCY OF STATE EMS COUNTY GRANT FUNDING,A CHILD SAFETY RESTRAINT PROGRAM WITH EQUIPMENT AND TRAINING MATERIALS TO BE DISTRIBUTED TO THE CITY OF DANIA BEACH THROUGH THE CITY OF FORT LAUDERDALE, FLORIDA, AS LEAD AGENCY FOR A STATE EMS GRANT; AUTHORIZING THE EXECUTION OF ANY DOCUMENTS NECESSARY TO RECEIVE THE EQUIPMENT AND TRAINING MATERIALS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2010-089 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT AT NO COST, AS A PARTICIPATING AGENCY OF STATE EMS COUNTY GRANT FUNDING, THERAPEUTIC HYPOTHERMIA CASES TO BE DISTRIBUTED TO THE CITY OF DANIA BEACH THROUGH THE CITY OF TAMARAC, FLORIDA, AS LEAD AGENCY FOR A STATE EMS GRANT; AUTHORIZING THE EXECUTION OF ANY DOCUMENTS NECESSARY TO RECEIVE THE DEVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2010-090 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT AT NO COST, AS A PARTICIPATING AGENCY OF STATE EMS COUNTY GRANT FUNDING, SCANNING HARDWARE AND SOFTWARE FOR VICTIM TRACKING DURING MASS CASUALTY INCIDENTS; AND TRAUMA TOURNIQUETS FOR MASS CASUALTY INCIDENTS, ALL TO BE DISTRIBUTED TO THE CITY OF DANIA BEACH THROUGH THE CITY OF SUNRISE, FLORIDA, AS LEAD AGENCY FOR A STATE EMS GRANT; AUTHORIZING THE EXECUTION OF ANY DOCUMENTS NECESSARY TO RECEIVE THE DEVICES; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION #2010-091 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING A 1997 JEEP CHEROKEE TO BE OBSOLETE, SURPLUS, AND OF NO FURTHER USE TO THE CITY OF DANIA BEACH; DECLARING THE INTENT OF THE C►TY TO DISPOSE OF SAME AT THE DIRECTION OF THE CITY MANAGER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION #2010-092 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2010 COMPREHENSIVE EMERGENCY MANAGEMENT PLAN; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION #2010-093 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TENEX ENTERPRISES, INC., FOR THE INSTALLATION OF TEN (10) TRAFFIC SPEED TABLES IN AN AMOUNT NOT TO EXCEED TWENTY-THREE THOUSAND DOLLARS ($23,000.00) FOR FISCAL YEAR 2009-2010, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,June 8,2010—7:00 p.m. City Attorney Ansbro read the title of Resolution#2010-093. Commissioner Duke noted he has collected 107 signatures for speed humps on NE 2"d Street. He asked to include two more speed humps in the contract. Dominic Orlando, Director of Public Services, noted the contract includes 10 speed humps and staff has only identified 8. He briefly explained the costs and details of the items. Commissioner Grace asked to add NW 11`h Avenue and NW 10d' Court to the list of traffic calming devices. She further noted that she does not like humps and she would like staff to look into something similar to what they have near Collins Elementary. Commissioner Grace remarked that she is not concerned with the cost but the safety or our children. Director Orlando advised that a new resolution will have to be presented to the Commission for additional costs. Commissioner Grace asked how long it will take to install the speed humps by Frost Park. Director Orlando advised they can start the work tomorrow. Commissioner Duke motioned to adopt Resolution #2010-093, with the addition of two additional speed humps on NE 2"d Street, subject to the validation of the petitions; seconded by Commissioner Grace. The motion carried unanimously. 7.12 RESOLUTION #2010-094 A RESOLUTION OF THE, CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, GRANTING TO FLORIDA POWER & LIGHT COMPANY A 10 FOOT EASEMENT LOCATED WITHIN A PORTION OF THAT UNNUMBERED BLOCK,LABELED"PARK", LYING NORTH OF BLOCK 21 AND SOUTH OF WEST DANIA BEACH BOULEVARD (A COPY OF THE EASEMENT WITH EXHIBIT A IS ATTACHED); PROVIDING FOR CONFLICTS,FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.13 RESOLUTION #2010-095 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE TWO (2) MAUSOLEUM LIFTS FOR THE PUBLIC SERVICES DEPARTMENT IN AN AMOUNT NOT TO EXCEED THIRTY-FOUR THOUSAND FOUR HUNDRED SIXTY EIGHT DOLLARS ($34,468.00) FROM HOLLAND AMERICAN, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.14 RESOLUTION #2010-097 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CALVIN, GIORDANO AND ASSOCIATES, INC., RELATING TO ENGINEERING DESIGN SERVICES FOR A WATER FUND CAPITAL PROJECT FOR REPLACEMENT OF WATER MAINS FOR SE 2ND AVENUE, SE 7TH STREET, AND SW 2ND AVENUE, WHICH SERVICES SHALL NOT EXCEED AN AMOUNT OF ONE HUNDRED EIGHTY EIGHT THOUSAND TWO HUNDRED FORTY SEVEN DOLLARS AND SEVENTY CENTS ($188,247.70); Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,June 8,2010—7:00 p.m. PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.15 RESOLUTION#2010-098 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SECOND AMENDMENT TO THE JOINT PARTICIPATION AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND BROWARD COUNTY PERTAINING TO THE USE BY CITY RESIDENTS OF BROWARD COUNTY RESIDENTIAL TRASH-TRANSFER STATIONS FOR PRE-HURRICANE RESIDENTIAL YARD WASTE DISPOSAL; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.16 RESOLUTION #2010-060 Continued until June 22 2010 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING A WATER CONSERVATION PLAN; MAKING FINDINGS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.17 RESOLUTION#2010-099 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ACCEPT A GRANT FROM THE CENTURY COMMUNITY LEARNING CENTERS (CCLC) IN THE AMOUNT OF THREE HUNDRED THIRTY-NINE THOUSAND EIGHTY ONE DOLLARS ($339,081.00);AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC.AND THE CITY OF DANIA BEACH,FOR$33,908.00 TO ADMINISTER THE TIME4-KIDS PROGRAM FOR THE 2009-2010 SCHOOL YEAR AND 2010 SUMMER PROGRAM; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles read by City Attorney) 7.18 ORDINANCE#2010-012 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE "DANIA BEACH CITY CENTER" PLAT, SUCH PROPERTY BEING LOCATED AT 100 WEST DANIA BEACH BOULEVARD IN THE CITY OF DANIA BEACH, AND LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE"DANIA BEACH CITY CENTER" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Duke questioned why the Fire Station and public safety facility remained on the plat. Corinne Lajoie, Principal Planner, noted if the Fire Station remains on the plat, it covers our existing uses and gives us the flexibility to develop in the future. Commissioner Duke motioned to adopt Ordinance #2010-012, on first reading; seconded by Vice-Mayor Castro. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,June 8,2010—7:00 p.m. Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 7.19 ORDINANCE#2010-013 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA REPEALING SECTION 15-12, "BUSINESS TAX SCHEDULE" OF THE CODE OF ORDINANCES AND CREATING A NEW SECTION 15-12, ALSO ENTITLED "BUSINESS TAX SCHEDULE" TO PROVIDE FOR A FIVE PERCENT (5%) INCREASE IN THE ANNUAL BUSINESS TAXES ASSESSED AGAINST ALL BUSINESS CATEGORIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Vice-Mayor Castro questioned if slot machines should be included in the ordinance. Nick Lupo, Code Compliance Manager, noted it would apply to slot machines based on Chapter 10. Vice-Mayor Castro noted that she realizes we have a tight budget year; however, she was hesitant to increase business expenses at this point. Mr. Lupo advised that the last time we increased rates was in 2008; previous to that we did it in 1998. He further noted that State Statute allows increase of business taxes every two years. Mayor McElyea noted we should leave this matter alone at this time. He commented that businesses are struggling to survive during these difficult economic times. Mayor McElyea passed the gavel and motioned to deny Ordinance #2010-013; seconded by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes Vice-Mayor Castro motioned to adopt the Consent Agenda, with the exception of Items #7.3, #7.11, #7.16, #7.18 and #7.19; seconded by Commissioner Grace. The motion carried unanimously. 8. Bids and Requests for Proposals There were no proposals on this agenda. 9. Public Hearings and Site Plans Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,June 8,2010—7:00 p.m. 9.1 Public Hearing on the Application for a Boundary Change for the Fort Lauderdale- Broward County-City of Lauderhill-City of Dania Beach Enterprise Zone RESOLUTION #2010-096 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR A BOUNDARY CHANGE FOR THE CITY ENTERPRISE ZONE TO THE BOARD OF THE FORT LAUDERDALE-BROWARD COUNTY- CITY OF LAUDERHILL-CITY OF DANIA BEACH ENTERPRISE ZONE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2010-096. Colin Donnelly, Assistant City Manager, noted this hearing is required by law. He provided an overview of the development of the Enterprise Zone. Assistant City Manager Donnelly advised that the boundaries of the expanded Dania Beach Enterprise Zone area are the existing Area 1, Area 2 and the new area between the zones which will make one contiguous Dania Beach area. The new area is that land between the C-10 Canal and Ravenswood Road. The sections removed from the two Dania Beach areas include public parks, public cemeteries, City owned facilities, wetlands and lakes, as well as unincorporated Broward County property. He noted that if the application is approved,there will be an Interlocal Agreement to be executed by each city. Mayor McElyea 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 #2010-096; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Duke Yes Mayor McElyea Yes Commissioner Grace Yes 10. Discussion and Possible Action 10.1 Airport Noise Mitigation Plan—Final Report Comments Bob Daniels, Director of Community Development, reviewed the memo that was included in the agenda packet. He noted the comments will be forwarded to Neal McAliley, our Special Counsel for Airport matters. Commissioner Anton noted the comments have been sent to Attorney McAliley. He will be forwarding a letter to the Airport Advisory Board members. Commissioner Anton indicated that we need to have all comments by Friday of this week. Commissioner Duke commended Bob Daniels for doing a great job on the Airport and Water Supply issue, in addition to his Community Development responsibilities. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,June 8,2010—7:00 p.m. 11. Commission Comments 11.1 Commissioner Anton Commissioner Anton had no comments. 11.2 Commissioner Duke Commissioner Duke commended staff for doing the best they can. Commissioner Duke noted he is pleased to see that we are taking steps to be business friendly. He thanked the Chamber of Commerce for supporting the City in trying to accommodate that business friendly atmosphere that we are trying to create. 11.3 Commissioner Grace Commissioner Grace noted Ronald Erving will not be able to serve on the Airport Advisory Board. She replaced him with Patrick Phipps. Commissioner Grace noted that the Palm trees at C W Thomas Park need to be trimmed. Commissioner Grace reiterated her request to have speed humps installed at NW 11 th Avenue and NW 10`h Court. She asked for a resolution to be included on the next agenda. Commissioner Grace noted the social events that she attended and those happening in the near future. Commissioner Grace expressed her appreciation to BSO and the Fire Department for doing a great job for our residents. She noted her family in Atlanta will be honored by naming a Fire Station after Felix Roberts who died while fighting a fire in 2007. Commissioner Grace will pass the information to the Fire Chief because our Fire Department also needs to send accolades for Felix and her family. Commissioner Grace referred to the donation approved for St. Ruth's Missionary Baptist Church. She noted that we need to be careful how we do things and say things because people are watching the meetings at home and we will definitely have more requests for donations. 11.4 Vice-Mayor Castro Vice-Mayor Castro advised that the Regional Activity Center (RAC) application was approved by the County. She further noted that the Local Activity Center (LAC) was not approved, but could come back. Vice-Mayor Castro commented staff is in contact with the County regarding the water issue, which is moving along, although not at the pace that we would like to see it move. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,June 8,2010—7:00 p.m. Vice-Mayor Castro noted she received a letter from the Citizen Observers regarding the use of weed killers in our neighborhoods. She questioned the City's policy and the type of chemicals we are using. Vice-Mayor Castro suggested we try to pick environmentally safe and sound products. She asked staff to let the Commission know what options we have available. 11.5 Mayor McElyea Mayor McElyea commented that our beach is a dump and that the Sea Grapes need to be removed. He noted that the Pier Restaurant was closed around 8:30 p.m. and added that we must try to evict the restaurateurs and bring a money maker on the Pier. Mayor McElyea remarked that the Dania Beach Grill is great. Mayor McElyea noted that tonight we wasted a lot of time on Mr. Kelly's case and accomplished nothing. We have more important issues to take care of instead of harassing someone who is trying to keep his business running. He remarked that a lot of good things are happening in Dania Beach. 12. Appointments Commissioner Grace appointed Patrick Phipps to the Airport Advisory Board. Commissioner Grace volunteered to be the Florida League of Cities Voting Delegate. Vice-Mayor Castro reappointed Myrtle Corbin to the General Employees Pension Board for a two-year term. Vice-Mayor Castro motioned to approve the appointments; seconded by Commissioner Grace. The motion carried unanimously. 13. Administrative Reports 13.1 City Manager City Manager Baldwin noted we have removed some Sea Grapes at the beach; however, the Department of Environmental Protection(DEP) is not willing to give us a permit. City Manager Baldwin noted that last year the Commission expressed an interest in placing red light cameras. He advised that the state has now passed enabling legislation to that effect. City Manager Baldwin indicated that he met with a company that does this type of work with free testing. Chief Peterson identified 14 intersections and will advise us of the results. He noted a recommendation will come to the Commission at another meeting. Vice-Mayor Castro asked if the Griffin Road corridor was included in the study. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,June 8,2010—7:00 p.m. Donn Peterson, BSO Chief, responded in the affirmative. Commissioner Grace questioned how revenues derived from the fines would be used. City Manager Baldwin noted we have not yet discussed the use for the revenues, but we will look into it and report back to the Commission. 13.2 City Attorney City Attorney Ansbro advised that he is scheduling an Attorney/Client Session to discuss the Beach Watch litigation for Tuesday, June 22, 2010 at 6:00 p.m. 13.3 City Clerk - Reminders Thursday, June 17, 2010 —4:30 p.m. Executive Session—Union Negotiations Thursday, June 17, 2010—6:00 p.m. CRA Board Meeting Tuesday,June 22, 2010—6:00 p.m. Attorney/Client Session—Beach Watch Tuesday, June 22, 2010—7:00 p.m. City Commission Meeting Tuesday, July 27, 2010— 7:00 p.m. City Commission Meeting 14. Adiournment Mayor McElyea adjourned the meeting at 9:55 p.m. ATT ST; CITY OF DANIA BEACH CITY CLERK ISE TILSON, CMC o�FRv'$ FIRS), C. K. MCCOMMISSION r ER e� Approved: July 27, 2010 ' ORFORp�� , Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,June 8,2010—7:00 p.m. f REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMM SION MEETING: V U`'1 e , 20 �C7 PRINT NAME: Q r0 I t—F ADDRESS: —? 2 2 3 'j C1 G PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) _CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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. The citizen comments' period shall begin promptly at 7:30 PM. 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 immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: gz CeG�h�'✓ �� C 0 2) _PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A••ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:WgendaTUBLIC SPEAKING FORM.doc REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMM EETING: 2S 20 U PRINT NAM '(( // (/t ADDRESS: PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) --- CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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- The citizen comments' period shall begin promptly at 7:30 PM. 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 immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIE LY DESCRIBE THE SUBJECT M ER F YOUR C . MENT: 42 2) _PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:WgendaiPUBLIC SPEAKING FORM.doc REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETING: PRINT NAME: / EdEi�g� �G/7G� (I ADDRESS: .�/� `/�J � PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) Ell- _CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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. The citizen comments' period shall begin promptly at 7:30 PM. 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 immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: 2) _PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN; VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:WgendalPUBLIC SPEAKING FORM.doc REQUEST TO ADDRESS CITY COMMISSION AT REGULAR ' OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk, before the eeting begins. DATE OF COMMISSION MEETING: 20� 0 PRINT NAME771- ADDRESS: PHONE NO. (optional): 25471— PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) '114 CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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 The citizen comments' period shall begin promptly at 7:30 PM. 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 immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: Cop zl_w� 4%� 2) ) PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:tAgendalPUBLIC SPEAKING FORM.doc R REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETING: 6� & , 201 PRINT NAME: 13 e-r SakO L ADDRESS: 6 0 /'DTN ST, PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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. The citizen comments' period shall begin promptly at 7:30 PM. 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 immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: 00? &0 (a 2) PUBLIC HEARINGS-ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY, YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO, 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:Wgenda\PUBLIC SPEAKING FORM.doc REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes, the City requests that this form be completed and provided to the City Clerk, before the meeting begins. DATE OF COMMISSION MEETING: , 20 PRINT NAME: l ADDRESS: ! PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) ' CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed 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. The citizen comments' period shall begin promptly at 7:30 PM. 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 immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine on a meeting by meeting basis whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: 2) _PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE: IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL" MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN .APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO 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 ANY CITY COMMISSIONER ON ANY MATTER OR ISSUE PURSUANT TO CITY ORDINANCE NO. 01-93. REGISTRATION FORMS AND COPIES OF THE ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE AT CITY HALL. G:WgendalPUBLIC SPEAKING FORM.doc � m 3 .3 • f Co— �- 2oic� RESOLUTION NO. 2001-130 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE VARIOUS SETTLEMENT DOCUMENTS ON BEHALF OF THE CITY OF DANIA BEACH WITH JEREMIAH J. KELLY AND DOROTHY M. KELLY PERTAINING TO PENDING LITIGATION IN STATE COURT; FURTHER, PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission authorizes the proper City officials to execute settlement documents on behalf of the City of Dania Beach with Jeremiah J. Kelly and Dorothy M. Kelly (Case No. 99-011997 (03), Broward County, Florida, Seventeenth Judicial Circuit Court). Included within the settlement documents shall be the "Stipulation for Settlement", consisting of six (6) pages, a copy of which is attached to this Resolution and incorporated by this reference, • which may be executed by the City Attorney on behalf of the City. Section 2. That the Acting City Manager and City Attorney are authorized to make minor revisions to such settlement documents as are deemed necessary and proper for the best • interests of the City. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 14th day of August, 2001. PAT FLURY • MAYOR - COMMISSIONER A ST ROLL CALL: • COMMISSIONER BERTINO -ABSENT COMMISSIONER MCELYEA-YES C ARLENE J040SON COMMISSIONER MIKES - YES • ACTING CITY C RK VICE-MAYOR CHUNN - YES . MAYOR FLURY -YES APPROVED AS TO F RM AND CORRECTNESS: BY: TH M J. XNSBRO CITY ATTORNEY RESOLUTION NO. 2001-130 • IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, • IN AND FOR BROWARD COUNTY, FLORIDA • JEREMIAH J. KELLY, • and DOROTHY M. KELLY, CASE NO: 99-011997 Plaintiffs, DIVISION: 03 • vs. • • CITY OF DANIA BEACH, • a municipal corporation existing • under the laws of the State of Florida, • Defendant. • • STIPULATION FOR SFTTLEA�ENT • The Plaintiffs, JEREMIAH J. KELLY and DOROTHY M. KELLY ("KELtY') an( • Defendant, CITY OF DANIA BEACH ("CITY"), (collectively, the "PARTIES') stipulate anc • • agree-as follows: i • 1. Plaintiffs' property legally described as Lot 5; Block 3, TROPIC FARMS, P1a! • Book 24, Page 30, Public Records of Broward County, Florida (M-2 Property) was zbnec • • Broward County M-2 prior to the time Defendant/City changed its zoning on August 8, 2000 to IROM. Plaintiffs' property legally described as Lots 6, 7 and a portion of Lot 8 Block 3, TROPIC FARMS, Plat Book 24, Page 30, Public Records of Broward County, and • • a portion of Florida of Tract 12 of Seaboard Farms, Plat Book 18, Page 22, Public Records • of Broward County, Florida (M-1 Property) was zoned Broward County M-1 prior to the time Defendant changed its zoning on August 8, 2000 to IROM. • • • • • 2. Kelly represents that Kelly's M-2 Property has been utilized by Kelly and their • • companies since the late 1980's for the following lawful uses: a. As an independent dealer in motor vehicles pursuant to Florida • Statutes §320.27. • • b. For mechanical repair and maintenance of motor vehicles licensed for roadway use specializing in, but not limited to, buses, semi- tractor/trailer vehicles and RV's, as well as race cars. • • C. To warehouse and wholesale motor vehicle parts. d. Storage of motor vehicles licensed for current operation on the public • roads by the Department of Transportation. • 3. On January 27, 1998, City did approve a special exception for Kelly's 1v1-1 • and M-2 Properties ("Business Property") so as to permit it to be utilized as a bus storage • • washing and fueling facility. 4. City acknowledges that during the calendar year 1997, 1998 and 1999, Kelly • obtained an occupational license for the use of its M-2 Property at 2490 SW 32nd Street • • Dania Beach, Florida. 5. On or about May 12, 1998, the CITY enacted Ordinance No. 09-98 whicF imposed a temporary and limited moratorium on development orders for heavy industrial • • uses. 6. Prior to the moratorium, the CITY had approved the uses undertaken by • Plaintiffs on the M-2 Property which were lawful uses under the property's zoninz • • categories. • 2 • • • • 7. Relying on the moratorium, City refused Kelly their request to further improve • • their Business Property by expanding an existing use. • 8. After passage of the moratorium, Kelly consistently maintained that these lawful uses on both properties should not be subject to the moratorium. However, the • moratorium as applied, precluded Kelly's ability to propose development orders, site plans, • or requests for occupational licenses to expand Kelly's ongoing business activities within the lawful, permitted uses for the properties. • 9. Kelly's circumstances are unique in that their business activities on these properties take place adjacent to, and in the shadow of, a highly elevated section of 1-595, • where visibility to the general public is limited. The properties are adjacent to one another • and have been planned and used together in the conduct of the Kelly's business. The M-2 • property has been operated as a legal nonconforming use since the adoption of the IROM • • zoning. 10. The parties recognize.and acknowledge that: (a) The properties are in a geographical area adversely affected by the • drainage pattems created through the construction of 1-595 and 1-95. (b) The Kelly properties are in a geographical area that encourages future development to be consistent with the City of Dania Beach's IROM zoning code and that the present use should be transitional with a definitive termination date. (c) The properties are subjected to annual flooding which inhibits and prevents the parties from complying with the City's current landscaping code. • • • 3 • • 11 . The City, in recognizing the unique circumstances of Kelly that are attributable C e new zoning regulations agrees that Kelly may continue their existing uses for the erty identified as Lot 5, Block 3, TROPIC FARMS, Plat Book 24, Page 30, Public rds of Broward County, Florida 12. The City, in recognizing the unique circumstances of Kelly that are attributable to the new zoning regulations agrees that Kelly may continue their existing uses for the . property identified as Lots 6, 7 and a portion of Lot 8, Block 3, TROPIC FARMS, Plat Book • 24, Page 30, Public Records of Broward County, Florida, and a portion of Florida of Tract 12 of Seaboard Farms, Plat Book 18, Page 22, Public Records of Broward County, Florida (M-1 Property) through December 31, 2007, subject to the terms and conditions of this Stipulation as set forth hereafter: • (a) Kelly shall continue to maintain the existing landscaping along their property's northerly boundary, including the abutting swale for SW 32nd Street through December 31, 2007 or the abandonment of the present use, whichever occurs first. (b) Recognizing the temporary use of this property and the flooding conditions it is subjected to, the City of Dania Beach shall waive any further'requirements to landscape or improve these properties beyond that which is presently existing in lieu of which Kelly shall contribute to a special landscaping fund created for the benefit of the City of Dania Beach the sum of Fifteen Thousand ($15,000.00) Dollars, to be paid unto the City within ten (10) days of this Stipulation for Settlement being incorporated into a final order by the Circuit Court. 4 • • • • • (c) Kelly shall make application with the City for issuance of all applicable • occupational licenses and City shall issue same in accordance with its laws, procedures and this Stipulation. The parties acknowledge and agree that the occupational license issued • for the M-1 Property shall restrict the use of the property to the storage of motor vehicles • licensed for current operation on public roads by either the Federal or State Department of Transportation. Kelly specifically agrees that no other storage of any type will be permitted • on the property and recognizes that this prohibition includes the exclusion of containers and • • containerized trailers (i.e., as commonly used by Sea Land, Maersk and other seagoing • carriers); dumpsters; tankers carrying hazardous material including but not limited to • • gasoline and petroleum; sanitation vehicles; construction equipment; carnival equipment; hot dog, popcorn or other similar carts; or any other type of personal property that is not • specifically identified as a motor vehicle in Florida Statute §320.010)(a)(b). • • (i) The parties agree that Kelly shall have ninety (90) days from the date this Stipulation is last signed to remove from the property any excluded uses that may • presently be situated thereon. • • (d) On or before December 31, 2007, or, a later date if extended in writing by the City, Kelly shall cease to utilize its M-1 Property for any purpose or use not properly • , permitted under and in compliance with the then-existing City zoning and landscaping • • regulations. Kelly's failure to timely abide by this covenant shall be treated as an act of contempt for which the City shall be entitled to seek immediate redress from the court, • inclusive of any attorneys' fees and court costs reasonably incurred. • • 13. Each party shall bear its own attorney fees and costs. • • 5 0 • • 14. Upon approval of this Stipulation by the Court, this action shall be dismissed • • with prejudice, with the Court retaining jurisdiction for enforcement purposes. • Dated this 10 day of September, 2001. • o c+obe�✓ • • lIR04; 4 • DOROT M. K • • ATKINSON, DINER, STONE, • MANKUTA & PLOUCHA, P.A. BURKE N, ORGE, P.A.MURDOCK, • Attorneys for Kelly BURKE & GEORGE, . • 1946 Tyler Street Attorneys for City of Dania Beach Hollywood, 90 E. BrOward Blvd., Suite 400 • ywood Florida 33020 Fort Lauderdale, Florida 33301 • Tel.: (954)925-5501 Tel: (954) 463-0100 • y: • VID B. MAN TA; By: MICHAEL T. BURKE, ESQ. • • JOHN M. BERNAZZOLI, ESQ. • Attorney for Kelly • 2734 Polk Street, Suite H • Hollywood, lorida 33020 Tel.: (95 9 3-9700 • BY: JO N BERNAZZOLI, ESQ. • I � I • • SA0010AStipulation of settlement 6.wpd • • • 6 • • • • • ZONING §39-301 • C. Bicycle parking facilities shall be designed, constructed and maintained in accordance with • the following standards: • 1. Bicycle parking areas shall be clearly labeled as available for bicycle parking and shall not be hidden from view of the public. • 2. If a room or bicycle storage locker is not divided into individual spaces or rack space, • one bicycle parking space shall consist of an area not less than twelve(12)square feet • with locking devices. 3. Parallel bicycle parking spaces shall provide an adjacent access aisle of four(4)feet in • width. Head-in bicycle parking spaces shall provide a back-out aisle of six (6) feet in • width. • (2) The amount of pervious area required by the Broward County Land Development Code may be reduced to twenty percent(20%)without the need to supplement required landscaping. • (3) The location of required accessory structures such as dumpster enclosures, buffer fences, sign • structures, etc. may encroach into any required yard or buffer to accomplish the redevelopment • project, provided no hazard to pedestrian or vehicular traffic is created. (4) Fees related to applications for development orders, as provided in the Broward County Land • Development Code, and permits shall be reduced by fifty percent (50%) and such applications • shall be given a review priority over other similar projects not in a B-4 district. (5) Staff of the various divisions of Broward County may provide assistance to the property owner in • locating sources for financing, architectural and engineering services. • (e) Redevelopment requirements. In addition to agreeing to be subject to the limitations on permitted • uses in the B-4 district,any property owner desiring to develop or redevelop property within a B-4 district shall agree and be subject to the following,which shall be a recorded agreement,the form of which has • been approved by the Office of the County Attorney, between the property owner and Broward County: • (1) The development or redevelopment shall be subject to compliance with the principles of Crime • Prevention Through Environmental Design(CPTED). • (2) The development or redevelopment shall be aesthetically designed to compliment and enhance any other redevelopment in the same redevelopment area which used the B-4 overlay district • regulations. All buildings and structures on the property shall present a unified architectural • theme. The rear and sides of the building shall be finished with materials that, in texture and color, resemble the front of the building. Coloration of all buildings and structures shall be a • natural blend with a maximum of three(3)colors, exclusive of the roof.The use of"earth tones," • light pastel colors,white or gray shall be required for building wells.Decorative trim may be any color which compliments the primary building colors. • (3) The property and building(s) will be maintained on a regular basis specified in the written • agreement. • (4) The property owner shall acknowledge that noncompliance with the redevelopment requirements may be considered as a cause for termination of the agreement and subject the property to the • underlying district regulations. • (5) The property owner shall agree to remove any billboard sign owned,and shall agree not to renew • any existing lease for any billboard sign, upon execution of the agreement specified in section 39-301(e)of this article. No new billboard signs shall be permitted. • (6) Site plan review. A design review committee is hereby established to review the conceptual • architectural theme,building colors,Crime Prevention Through Environmental Design(CPTED) • criteria and the conceptual site plan. Each member of the committee shall submit written • supp.No. 12 CD39:173 • • §39-301 BROWARD COUNTY CODE li comments to the Zoning Official, or designee, who shall review the comments and make final recommendations. The applicant shall agree to abide by any changes recommended or required • by the Zoning Official.The design review committee shall be comprised of one staff member from each of the following offices or divisions of Broward County, which shall be persons who are regularly involved in the review process for plats and/or site plans. • a. Building Code Services Division; . b. Development Management Division; • C. Highway Construction and Engineering Division; • d. Traffic Engineering Division; and e. Fire Marshal, Broward Sheriffs Office. Within six(6)months following recordation of the written agreement, the property owner shall • attend a pre-application conference with the design review committee and submit a conceptual site plan in the same form prescribed in section 5-192 of the Broward County Land Development Code.In addition to submittal requirements therein,the applicant shall also submit preliminary • elevation and landscape plans,including colors and materials for building finishes, and at least four (4) different eight (8) inch by (10) inch color photographs of the property indicating its current condition.The application shall be reviewed by the design review committee within four • (4) weeks following submittal of the application; and a written recommendation shall be forwarded to the applicant within five (5) days following the meeting of the design review committee,excluding week-ends and holidays.A copy of the application shall also be transmitted • to the Office of Economic Development and the Office of Housing to serve as notice that the applicant is authorized for and is interested in participating in any available programs relating • to grants, funding or economic development incentives. • (Ord. No. 1999-23, § 3, 5-11-99; Ord. No. 2005-17, § 13, 6-28-05) • Sec. 39-302. Limitations of accessory uses in Office Park districts. • The gross floor area occupied by permitted.accessory uses shall not exceed twenty percent(20%)of the • aggregate gross floor area of all buildings reflected on the approved site development plan for any plot in an Office Park zoning district. • (Ord. No. 1999-23, § 3, 5-11-99) Secs. 39-303, 39-304. Reserved. ARTICLE XVM.'INDUSTRIAI,DISTRICTS Sec. 39-305. Industrial zoning districts. The following shall constitute industrial zoning districts for the purposes of this Code: M-1 Limited Manufacturing and Industrial District M-2 General Manufacturing and Industrial District • M-3 Intense Manufacturing and Industrial District . (Ord. No. 1999-24, § 2, 5-11-99) supp.No.12 CD39:174 • • ZONING $39-907 Sea 39-306. Purpose of districts. (a) The M-1 Limited Manufacturing and industrial District is intended for the manufacture of small articles and products not involving the use of any materials, processes or machinery which would pose a potential environmental or safety hazard for nearby commercial business districts or residential areas. M-1 districts are intended to act as a buffer between commercial business districts and heavier • manufacturing and industrial districts or to provide for planned industrial parks located in close proximity to residential areas. All activities relating to permitted uses and the storage of products, equipment and materials is limited to location inside a building. (b) The M-2 General Manufacturing and Industrial District is intended to meet the general industrial • and manufacturing needs of the unincorporated areas, providing for uses which may require open air storage of equipment, materials and products. M-2 districts are not intended for locations in close proximity to residential areas, and are not intended to directly abut commercial business districts. (c) The M-3 Intense Manufacturing and Industrial District is intended for the heaviest manufacturing • and industrial uses, involving the use, handling and storage of hazardous materials, or industrial uses which require a substantial amount of open air storage area. M-3 districts are not intended to be within five hundred(500)feet of any residential area and are not appropriate in close proximity to commercial • business districts. M-3 districts should be surrounded by M-2 and M-1 zoning districts. (Ord. No. 1999-24, § 2, 5-11-99) Sec. 394M. General provisions. • (a) Display of products for sale. In M-1 districts,all products displayed for sale shall be located within a building. Outside display and storage areas shall be permitted in all other manufacturing and industrial districts, provided such areas are designated on the approved site plan and provided that at • least one side of the display and storage area shall be contiguous to the principal building to which it is accessory. Stocking or loading of products, materials or equipment shall be done internally on the • premises or through a single gate at a designated off-street loading area. • (b) Dumpsters and dumpster enclosures. Dumpeters located on any property in a manufacturing and • industrial zoning district as of the effective date of this article and/or which are constructed subsequent to the effective date of this article shall comply with the following: (1) Dumpsters,which are visible from any street or from contiguous property, shell be kept within • opaque or translucent enclosures and shall be located at least five(5)feet inside any plot line, • except that no dumpster or dumpster enclosure shall be located in a required setback area,unless a street or dedicated alley separates the industrial plot from any adjacent residential or • commercial business zoned property. • (2) Dumpsters shall be maintained flee of jagged or sharp edges or inside parts which could prevent • the free discharge of their contents. (3) Dumpsters shall be emptied by a licensed collector at intervals which will preclude overflow. Dumpsters and the area around the dumpster and dumpster enclosure shall not be used for . disposal of furniture and me jor appliances and shall be maintained by the property owner free of overflowing refuse at all times. If a continuous problem of insufficient dumpster capacity is proven to exist,additional or larger capacity dumpsters and enclosures or increased frequency of • pick-up shall be required in order to eliminate the overflow problem. • (4) All dumpster pads shall be at least two(2)feet larger than the dumpster on all sides.Wheel stops or poste shall be permanently affixed to the pad at least one (1)foot inside the perimeter of the pad to prevent the dumpster from striking the enclosure during collection. CD39:175 • • • • • • $39-307 BROWARD COUNTY CODE • • (5) Dumpsters and dumpster enclosures shall be located in a position accessible for collection by the • equipment of the collector. • (6) The dumpster enclosure shall be constructed so as to accommodate recycling bins,if over forty • (40)gallons. (7) The gates of the enclosure shall be constructed of a frame with opaque or translucent walls • affixed thereto,and both frame and walls shall be of a material of sufficient strength to withstand • normal use. Gates shall be attached to metal posts at least three (3)inches in diameter with at least two(2)hinges.Each gate shall have a wheel at the bottom to prevent sagging and shall have • drop pins or rods to hold the gates in place in both open and closed positions. • (8) The base of the enclosure must be poured concrete, in accordance with the requirements of the • South Florida Building Code.The base shall extend three(3)feet beyond the front opening of the enclosure as an apron, and all concrete must be level with adjacent asphalt. • (c) Landscaping. All buildings and uses shall provide landscaping in accordance with Article VIII, • "Functional Landscaping and Xeriscaping," of this Chapter. • (d) Off-street parking. All buildings and uses shall provide off-street parking, loading areas and • lighting in accordance with Article XII, "Off-street Parking and Loading," of this Chapter. • (a) Setbacks and buffers between industrial and residential or commercial districts. (1) The minimum setback for the construction or erection of any building or structure,except fences • and walls,in any manufacturing and industrial zoning district shall be ten(10)feet from a street • line,unless a greater setback is required in this article for a specific use or as follows.The setback shall be a landscape buffer as required by Article VIII of this Chapter. • (2) The minimum setback for the construction or erection of any building or structure,except fences • and walls, on a plot in an M-1 district, which is separated from a residentially-zoned plot or a commercial business zoned plot by a street, dedicated alley, canal, water area, railroad • right-of-way or public open space, shall be fifteen (15) feet from any such plot line, unless a • greater setback is required for a specific use in this article. The entire setback area shall be a • landscape buffer as required by article VIII of this Chapter. (3) The minimum setback for the construction or erection of any building or structure,except fences • and walls,on a plot in M-2 and M-3 districts,which is separated from a residentially-zoned plot • or a commercial business zoned plot by a street, dedicated alley, canal, water area, railroad right-of-way or public open apace,shall be thirty(30)feet from any such plot line,unless a greater- setback is required for a specific use in this article.The first fifteen(15)feet of the setback from • the street,alley,canal,water area,railroad right-of-way or public open space shall be a landscape buffer as required by article VIII of this Chapter. • (4) The minimum setback for the construction or erection of any building or structure,except fences • and walls, on a plot in an M-1 district, which is contiguous to any residentially-zoned plot or a • commercial business zoned plot,shall be twenty-five(25)feet from such plot line,unless a greater setback is required for a specific use in this article.A landscape buffer as required by Article VIII, • Functional Landscaping and Xeriscaping shall be provided within the setback area,including a . visual barrier in the form of a fence, wall or hedge constructed or planted and maintained as provided in subsection(8)following. • (5) The minimum setback for the construction or erection of any building or structure,except fences and walls,or for the storage of any product,material or equipment,or for any activity,in M-2 and M-3 zoning districts,which is contiguous to a residentially-zoned plot,shall be one hundred(100) • feet,or which is contiguous to a commercial business district, shall be twenty-five(25)feet.The • • CD39:176 • L • • • • • ZONING 4 sss07 • • first fifteen(15)feet of the setback from the plot line contiguous to the residential or commercial business zoned plot shall be a landscape buffer in accordance with Article VIII, "Functional • Landscaping and Xeriscaping".A visual barrier in the form of a fence,wall or hedge constructed • or planted within the setback area as provided in subsection(8)following shall be located within the landscape buffer if the M-2 or M-3 zoned plot is contiguous to a residentially-zoned plot. • (6) No building or structure shall be erected or maintained within twenty-five (25) feet of the • intersection of two(2)streets,nor within fifteen(15)feet of the intersection of any driveway and • street, except as permitted in subsection(8)following. • (7) The setbacks required by this section shall also apply to those unincorporated lands which abut a municipal jurisdiction.Such setbacks shall be applied in the same manner as if the municipal • lands were unincorporated lands. • (8) Fences,walls and hedges may be erected or planted and maintained within a required buffer to • a maximum height of eight(8)feet.Fences or walls shall be translucent or opaque.Hedges used as a required visual barrier shall be a minimum of four(4)feet in height at time of planting and • shall be of a species which will reach at least the maximum height of eight(8)feet within two(2) • years after planting. Open-weave or chain-link type fences may only be used within a required buffer if appropriate landscape material, in accordance with Article VIII, is planted along such • fence which, after planting,will obscure the fence and provide a translucent barrier within one year after planting. Within twenty-five (25)feet of the intersection of two (2) streets,or within • fifteen (15)feet of the intersection of a private accessway and a street,only chain-link or other • such open fencing may be erected or maintained.The use of barbed wire,razor wire or electrified fencing contiguous to commercial business zoning districts or residentially-zoned plots shall be • prohibited. • (f) Suns. All buildings and uses shall be subject to provisions in Article VI,"Signs," of this Chapter. • (g) Storage yards. Unless otherwise specified in this article,any permitted open air storage area in an • industrial district,which is visible from a residentially-zoned plot,shall be screened from view from such • residential plot by an opaque or translucent wall at least six(6)feet in height, located consistent with requirements of subsection(eX8)above. Open air storage areas shall be delineated on an approved site • plan. • (h) Use of premises without buildings. Except for vehicle, equipment or bulk material storage yards, • all permitted uses shall be conducted from a building on the plot which building shall be a minimum of one hundred fifty(150)square feet in area and which shall contain permanent sanitary facilities. • (i) Use of residentially-zoned property for access. No privately owned land.or public or private street • upon which residentially-zoned properties directly abut shall be used for driveway or vehicular access • purposes to any plot in a manufacturing and industrial district,except where a public street provides the sole access to the manufacturing and industrial property. 0) Wireless communication facilities. Wireless communication facilities shall be subject to provisions in section 39-102, "Wireless communication facilities," of this Chapter. • (k) Definitions. Terms used herein are defined in Article II, "Definitions," of this Chapter. (1) Nonconforming uses and structures. Nonconforming uses and structures are subject to Article VII, 'Nonconforming Uses and Structures," of this Chapter. • (m) Property maintenance.Buildings and properties in manufacturing and industrial districts shall be • in accordance withArticle),"Property Maintenance and Junk and Abandoned Property,"of this Chapter. • CD39:177 • • • • • • • 1 39-307 BROWARD COUNTY CODE • (n) Miscellaneous provisions. In addition to general provisions herein, buildings and properties in • manufacturing and industrial districts shall be subject to requirements of Article M "General Provisions,"of this Chapter. • (Ord. No. 1999-24, § 2, 6-11-99; Ord. No. 2000-36, § 39,8-22-00) • • See. 39.308. Permitted uses. • Permitted principal uses in all manufacturing and industrial districts shall be limited to those uses • specified in the Master Business List following.Any use not specifically listed herein and not specifically, or by inference, listed shall be determined by the zoning official to be permitted in the zoning district • specifying the most similar use thereto.All permitted uses shall be subject to section 39-313,"Limitations • of uses." Specific subsection references in section 39-313 are included in the Master Business List. • Master Business List • C= Conditional A=Accessory use only use M•1 M-2 M-3 • Accessory dwellings (caretaker or security quarters) [see section 39- A A A 313(a)] Acid and corrosives manufacturing or storage p • Airports, heliports and other transportation facilities P Ammunition reloading(handguns) p P • Assembly( re-manufactured components) P. P P • Asphalt manufacturing from raw materials P Automobile truck and equipment auctions P P • Automobile detailing or cleaning(other than car washes) P p p Automobile repair garage (mechanical, paint or body repairs) [see sec- P p P • tion 39-313(b)] • Automobile storage or transport facility(operable vehicles) p P p Automobile,truck and recreational vehicle salvage or wrecking yards P • [see section 39-313(c)] • Aviation related uses (sales of planes, parts, ground support equip- p p ment re and maintenance) • Boarding or breeding kennel [see section 39-313(d)] P p • Boat sales P P P • Boat building, repair and storage P P Breweries and bottling facilities P P • Building and construction materials manufacturing and storage P Cabinet shoos.woodworking shops P p p Catering or food delive service p P p • Chemical and acid manufacturing or storage and distribution p Clo manufacturing P P P • Concrete batching or mixing P p . Concrete products manufacturing P P Contractors shops and storage yards p P • Cosmetics and Pharmaceuticals manufacturing P P P • Courier service P P P Crematory for human or animal remains (no medical wastes) P P • [Dry-cleaning and laundry plant p p • J CD39:178 • • • i • • ZONING §3MO8 • Use M•1 1W-2 M-3 • Electronics manufact and re air p P P Employment agency, day labor p P • Equipment rental and sales, commercial and contractor's [see section P p • 39-313(e)] Essential services (utilities and accessory structures) P P P • Fabrics (canvas textiles and via 1)manufacturing P P • Fertilizer, compost and mulch compounding, storage and distribution p p Fireworks, explosives,firearms and ammunition manufacturing, stor- P • age and distribution [see section 39-313(fl] • Food processing, packaging and distribution including meat packing P p p (no slaughtering) Furniture manufacturingP P P • Glass and mirror shopp P P Hazardous materials storage, handling or manufacture not otherwise p • listed • J (other than auto wrecking or sale )[see section 39-313(c)] P Laboratory(medical dental research and development) p p p • Machine shop P P Medical waste transfer station p P • Medical waste incineration or sterilization [see section 39-313(g)] p • Metal manufa (from raw materials) p Mobile collection center [see section 39313(h)] p p P • Mobile food unit [see section 39-313(i)] C C C • Motor fivifft terminal or moving and storage com an p P Offices and showrooms [see section 39-313 ')] A A A • Outdoor events (see section 39-238) C C C • Packaging and delivery service P P P Paint sealant coating or adhesive ninufacturing P p Paper and cardboard products manufacturing(from pre-manufactured P P P • paper or cardboard) Paper, cardboard and plastic manufacturing(from raw materials) P • Parts store vehicles or boats [see section 39-313(k)] P P P • Penal institutions [see section 39-3130) P Pest control service P p - P • Petroleum products and bottled gas bulk storage p p • Plastic and vinyl product manufacturing(from pre-manufactured plas- P P P tic or vinyl) • Printing and engraving bookbinding P P P • u [see section 39-313(m)] p Recording or bmadcasting studio (music radio, television film) P p p • Reqyding facility [am section 39313(n)] p • Repair shop,household and Personal items P p P Restaurant, fast food [see section 39-313(o)] A A A Restaurant,take-out [see section 39-313(o)] A A A . Sanitation companies and waste haulers [see section 39-313( )] P School, trade or vocational [see section 39313(r)] p p p • Septic tank service P • Sign man and painting P P P CD39:179 13 • I §39308 BROWARD COUNTY CODE • use M-1 M-2 M-3 Storage yards (oDerable vehicles usable equipment or other items) P P • Swimming 1 chemicals [see section 39-313( )] P P Synthetic materials (not otherwise listed) manufacturing from raw ma- P terial • Tool rental (small tools and equipment) P P P Transportation facilities (airports,heliports, shipping ports, etc.) P P Trash transfer station P P • Upholstery shop P P P P P P • Yetefinary clinic P P P Veterinary hospital [see section 39-313(s)] P P Warehouse self-storage [see section 39-313(t)] P P P . Warehouse distribution P P P Welding and sheet metal shops, machine shops P P Wholesale stores P P Wireless P . reless communication facilities [see section 39-102] P P P • (Ord. No. 1999-24, § 2, 5-11-99; Ord. No. 2000-36, § 40, 8-22-00) Sec. 39-309. Prohibited uses. Any use not specifically listed,or which by inference is not listed,in section 39-308 shall be prohibited. • (Ord. No. 1999-24, § 2, 5-11-99) Sec. 39.310. Plot size. (a) The minimum plot size in M-1 and M-2 districts shall be five thousand(5,000)square feet,except • as specified in section 39-313. (b) There shall be a minimum plot size of ten thousand(10,000)square feet in M-3 districts,except as . specified in section 39313. • (c) The minimum plot size for the manufacture of any permitted product from raw materials shall be five (5) acres. (Ord. No. 1999-24, § 2, 5-11-99) Sea 39-311. Plot coverage. • In addition to pervious area requirements in the Broward County Land Development Code, the maximum plot coverage in any industrial zoning district shall not exceed thirty-five(35)percent of the • net acreage. • (Ord. No. 1999-24, § 2, 5-11-99) • Sec. 39.312. Height. (a) No building located within two hundred (200) feet of any plot zoned for detached one-family dwellings,two-family dwellings or townhouses shall be constructed to a height exceeding two(2)stories. • (b) A building may be constructed to a height of four(4)stories,provided the building is located more • than two hundred(200)feet from any plot zoned for detached one-family dwellings,two-family dwellings or townhouses. l CD39:180 / • ZONING §39-313 • (c) A building may be constructed to a height of ten(10)stories, provided the building is located more than five hundred(500)feet from any plot zoned for detached one-family dwellings,two-family dwellings or townhouses. (d) Flagpoles, airplane beacons,broadcasting towers and antenna for radio and television, chimneys, • stacks, tanks and roof structures, used only for ornamental or mechanical purposes, may exceed the permissible height limit by not more than twenty-five(25) percent. Parapet walls may extend not more than five (5)feet above the allowable height of a building. . (Ord. No. 1999-24, § 2, 5-11-99) Sec. 39-313. Limitations of uses. • (a) Accessory dwellings. Accessory dwellings shall be permitted only for caretaker or security quarters for the property where the dwelling is located, subject to the availability and allocation of reserve units • in accordance with the Future Unincorporated Area Land Use Element. Except as specified for • self-storage warehouses in subsection(t)of this section,each dwelling unit shall not exceed one thousand five hundred(1,500)square feet in gross floor area,shall not be less than four hundred(400)square feet in gross floor area, and shall not exceed fifty percent(50%)of the gross floor area of the building where • the unit is located, whichever is less. Such dwelling units shall be located within the building to which the dwelling is accessory, on an upper story of the building. (b) Auto repairgarages. Any building used for automobile repair,including paint and body shops,and any storage area for vehicles being or to be repaired, shall be located at least fifty (50) feet from any • residentially-zoned property and shall be screened from the residentially-zoned property by a fence or • hedge as specified in section 39-307(eH8). Any outside areas used for repairs shall be considered additional work bays which shall be delineated on the approved site plan and which shall require the • appropriate amount of offstreet parking. (c) Automobile, truck and recreational vehicle salvage or wrecking yards;junkyards. (1) The minimum plot size for any salvage or wrecking yard or junkyard shall be one net acre. (2) All operations, activities, display and storage, with the exception of an office building or other • enclosed building,shall be completely surrounded by an opaque wall at least six(6)feet in height, • with openings only for ingress and egress of pedestrians and vehicles. Such openings shall be equipped with opaque or translucent gates the same height as the wall. (3) No salvaged vehicles or parts, or any other scrap or salvaged materials shall be stored in such a: manner that exceeds the height of the enclosing wall. (4) Required off-street parking shall be maintained on the exterior of any area used for salvage • operations, display or storage of parts,vehicles or scrap or salvaged materials and shall comply with all requirements of Article XII, "Oft-street Parking and Loading' of this Chapter. • (5) No salvage or wrecking yard or other junkyard shall be located within three hundred(300)feet of any residentially-zoned district. (6) All existing salvage or wrecking yards shall comply with all requirements of this article within two (2) years of the effective date of this article. All existing junkyards shall comply with the . requirements of this article by December 31, 2002. • (d) Boarding or breeding kennels. 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