HomeMy WebLinkAboutMinutes of Meeting - December 13, 2011 MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, DECEMBER 13, 2011 — 7:00 P.M.
1. Call to Order/Roll Call
Mayor Flury called the meeting to order at 7:00 p.m.
Present:
Mayor: Patricia A. Flury
Vice-Mayor: Bobbie Grace
Commissioners: Anne Castro
Walter Duke
City Manager: Robert Baldwin
City Attorney: Thomas Ansbro
City Clerk: Louise Stilson
Absent:
Commissioner: C. K. "Mac"McElyea
Vice-Mayor Grace motioned to excuse the absence of Commissioner McElyea; seconded by
Commissioner Castro. The motion carried unanimously.
2. Invocation and Pledge of Allegiance
Pastor Mario Cinelli, Lighthouse Community Church, gave the invocation followed by the
Pledge of Allegiance to the United States Flag.
3. Presentations and Special Event Approvals
3.1 Presentation of the 2011 South Florida Outstanding Planning Project-Place Making &
Identity Award for the Dania Beach Paul DeMaio Library and Municipal Parking
Garage
Corinne Lajoie, Principal City Planner, explained the reasons why the City received the plaque
which is awarded by the FAU School of Urban and Regional Planning. She further noted that
the plaque would be hung in the Dania Beach Paul De Maio Library.
4. Proclamations
There were no proclamations at this meeting.
5. Citizen Comments
Tamara James, 255 NW Tamara James Avenue, thanked the Commission for their support of her
foundation, and presented a Certificate of Appreciation to the Commission.
Victoria Payne, Executive Director, Dania Beach Chamber of Commerce, 102 W Dania Beach
Boulevard,provided an update of Chamber events.
Craig Urbine, 1211 Stirling Road, President of the Dania Design District, thanked City staff for
their participation in the Veterans Event. He noted significant changes and renovations that are
happening throughout the City. Mr. Urbine said he will speak to the Community Development
staff to request an expansion to the Design District boundaries.
Albert Jones, 722 SW 3rd Street, provided an update of upcoming community events. He
announced that the Martin Luther King, Jr. Committee will be meeting at 6:00 p.m. on December
16, 2011 at C.W. Thomas Park, and invited the communities to participate.
6. Public Safety Reports
Bruce Caruso, EMS Division Chief, BSO Fire Rescue,provided safety updates.
Commander Mike Grimm, Assistant Chief of Police, BSO Sheriff's Department, introduced
Deputy Mike Logan and his new partner Asia, a drug dog. Commander Grimm addressed some
tragic accidents that occurred in the City over the past week.
Mayor Flury advanced Item#10.1 on the agenda.
10.1 Discussion of response to Pier Restaurant Letter of Interest (LOI) — Quarterdeck
Restaurant—City Attorney Ansbro
City Attorney Ansbro noted we only received one response to our request for Letters of Interest
for the operation of the Pier Restaurant. He recommended the Commission authorize he and
City Manager Baldwin to proceed with negotiations with Paul Flanigan, President and Managing
Partner of the Quarterdeck Restaurants.
Dave Nicholas, Consultant, noted this is a good fit for the City, and he would be excited for the
City to proceed with negotiations.
Paul Flanigan, owner of the Quarterdeck Restaurants, stated he is excited about this opportunity.
He noted the restaurant has potential and great possibilities. Mr. Flanigan commented he wants
people to come and see what Dania Beach has to offer.
City Attorney Ansbro advised they would meet with each of the Commissioners individually to
discuss this matter.
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday,December 13,2011—7:00 p.m.
Commissioner Castro noted she went to school with Patrick Flanigan, his cousin.
City Manager Baldwin noted that the administration concurred with the City Attorney's advice.
Vice-Mayor Grace motioned to move forward with negotiations with the Quarterdeck
Restaurant; seconded by Commissioner Castro. The motion carried on the following 4-0
Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
7. Consent Agenda
City Attorney Ansbro noted that the Addendum is withdrawn.
Items added to Consent Agenda: #7.11
Items removed from Consent Agenda: #7.5, #7.8, #7.11
7.1 Minutes:
Approve minutes of November 17, 2011 Abatement Hearing
Approve minutes of November 22, 2011 City Commission Meeting
7.2 Travel Requests:
Request for Commissioner Anne Castro to attend the FAA Airport Settlement
Hearing in Atlanta, Georgia on December 14, 2011 (Estimated cost $251.40)
Resolutions
7.3 RESOLUTION#2011-149
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO PURCHASE GASOLINE AND DIESEL FUEL IN AN AMOUNT
NOT TO EXCEED $128,947.00 THROUGH FISCAL YEAR 2011/2012 FROM PORT CONSOLIDATED
UNDER SOUTHEAST FLORIDA GOVERNMENTAL CO-OP BID RFP NO. 09-A-149; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.4 RESOLUTION#2011-150
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE CITY MANAGER TO PURCHASE BULK HIGH-CALCIUM QUICKLIME FROM
CARMEUSE LIME, INC., IN AN AMOUNT NOT TO EXCEED $80,000.00 IN FISCAL YEAR 2011-2012,
UNDER THE CARMEUSE PROPOSAL FROM THE CITY OF TAMARAC RESOLUTION NO. R-2011-86;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.6 RESOLUTION#2011-152
Minutes of Regular Meeting 3
Dania Beach City Commission
Tuesday,December 13,2011—7:00 p.m.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING
FOR FUNDING APPROPRIATIONS AND REQUESTING ADVANCE APPROVAL FROM THE CITY
COMMISSION OF THE CITY OF DANIA BEACH FOR ADVERTISEMENT FOR BIDS ON C.W. THOMAS
PARK FOOTBALL FIELD IMPROVEMENTS;PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR
AN EFFECTIVE DATE.
7.7 RESOLUTION#2011-153 Revised Resolution
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION GRANT AGREEMENT IN THE AMOUNT OF $181,293.00 FOR PHASE I
OF THE DANIA BEACH MARINA REHABILITATION PROJECT; PROVIDING FOR APPROPRIATION OF
FUNDS INCLUDING REQUIRED CITY MATCHING FUNDS OF $288,250.00 AVAILABLE FROM OTHER
APPROVED CITY GRANTS AND APPROVED CITY CAPITAL APPROPRIATIONS; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.9 RESOLUTION#2011-155 Revised Title
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING
TO CHANGE ORDER NO. 7 FOR THE NANOFILTRATION WATER PLANT PROJECT; USING
AVAILABLE CONTRACT CONTINGENCY ALLOWANCES FOR 30 DAYS NET INCREASE IN CONTRACT
TIME AND NO INCREASE IN TOTAL CONTRACT COST IN AN AMOUNT NOT TO EXCEED OF
$28,486.00;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
7.10 RESOLUTION#2011-156
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RENEWING
AN ENGAGEMENT LETTER WITH CLD & ASSOCIATES, LLC, FOR CONSULTING SERVICES ON
GOVERNMENTAL RELATED ISSUES OF CONCERN TO THE CITY OF DANIA BEACH, PREPARATION
FOR THE FLORIDA LEGISLATIVE SESSION AND POST- SESSION FOLLOW-UP IN AN AMOUNT NOT
TO EXCEED $36,000.00 BEGINNING JANUARY 1, 2012; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Addendum
7.11 RESOLUTION#2011-157 Withdrawn
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,RESCINDING
THE TERMINATION OF THE DOWNTOWN DANIA BEACH DEVELOPMENT, LLC DEVELOPMENT
AGREEMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT
TO THE DEVELOPMENT AGREEMENT WITH DOWNTOWN DANIA BEACH DEVELOPMENT, LLC;
PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Castro motioned to adopt the Consent Agenda with revised Resolutions for
Items #7.7 and #7.9, and with the exception of Items #7.5, #7.8, and #7.11; seconded by
Vice-Mayor Grace. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday,December 13,2011—7:00 p.m.
7.5 RESOLUTION#2011-151
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING
FOR AMENDMENT OF THE FISCAL YEAR 2011-2012 GENERAL FUND BUDGET; PROVIDING FOR
CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2011-151.
Mayor Flury questioned the point of raising the bridge if we cannot deal with the railroad.
Bob Daniels, Director of Community Development, responded the work being done by Kimley-
Horn is to help us to get the facts to be ready for a Plan Design and Environmental (PD&E)
study, so we can see what the impact would be on raising the bridge. He remarked it is
important to move forward with the PD&E study at this point.
Commissioner Castro noted there are other opportunities for grants and partnerships that we have
not yet explored, but in order to do this,we need to know what the impacts would be.
Jeremy Earle, CRA Executive Director, noted that some time ago staff met with a lot of different
agencies, including our local state and federal representatives,gand they all asked for this study
so they can apply for funding.
Vice-Mayor Grace motioned to adopt Resolution #2011-151; seconded by Commissioner
Castro. The motion carried on the following 3-1 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury No
7.8 RESOLUTION#2011-154
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING
TO CHANGE ORDER NO. 6 FOR THE NANOFILTRATION WATER PLANT PROJECT; REALLOCATING
ALLOWANCES FOR NO NET INCREASE IN TOTAL CONTRACT COST BUT APPROVING USE OF AN
AMOUNT NOT TO EXCEED OF $62,144.00.00 FROM THE REVISED CONTRACT CONTINGENCY
ALLOWANCE;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2011-154.
Mayor Flury asked if this item was to decommission the existing gas pump.
Dominic Orlando, Director of Public Services, clarified that the fuel station was decommissioned
over a year ago and a new one is already in operation.
Vice-Mayor Grace motioned to adopt Resolution #2011-154; seconded by Commissioner
Castro. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
Minutes of Regular Meeting 5
Dania Beach City Commission
Tuesday,December 13,2011—7:00 p.m.
8. Bids and Requests for Proposals
8.1 RESOLUTION#2011-148
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO TRANSFER REMAINING FUNDS FROM THE
CAPITAL PROJECT FUND- P. J. MELI FENCE PROJECT TO THE DOG PARK CAPITAL PROJECT TO
PROVIDE FUNDING AND AUTHORITY TO EXECUTE AN AGREEMENT WITH COASTAL
CONTRACTING INC. FOR CONSTRUCTION OF THE "PRECIOUS PAWS" DOG PARK LOCATED AT P.J.
MELI PARK IN AN AMOUNT NOT TO EXCEED $102,148.90;PROVIDING FOR CONFLICTS; PROVIDING
FOR FUNDING,FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2011-148.
Commissioner Duke commented that residents throughout the City have reservations about the
project and he wants to make sure this is what they really desire.
Commissioner Duke motioned to adopt Resolution #2011-148; seconded by Commissioner
Castro. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
9. Public Hearings and Site Plans
9.1 ORDINANCE#2012-001
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS
($1,000,000.00) TO FUND THE LIFT STATIONS (NUMBERED AS 4, 5, 8, 9 AND 10) REHABILITATION
PROJECT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE. (FIRST READING)
City Attorney Ansbro read the title of Ordinance #2012-001. He explained that the City Charter
requires two public hearings on expenditures of funds in excess of $1M, with 10 days notice
prior to each reading.
Commissioner Castro noted she does not like the wording of the title because it sounds like we
are giving a blank check to spend over $1M. She suggested we add language that says not to
exceed approved estimates approved by the City Commission.
Vice-Mayor Grace concurred the language should be changed.
Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, she closed the Public Hearing.
Minutes of Regular Meeting
Dania Beach City Commission
Tuesday,December 13,2011—7:00 p.m.
Commissioner Castro motioned to adopt Ordinance #2012-001, on first reading; seconded
by Commissioner Duke. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
9.2 ORDINANCE#2012-002
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS
($1,000,000.00) TO FUND THE S.E. STORMWATER IMPROVEMENTS-PHASE II PROJECT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (FIRST READING)
City Attorney Ansbro read the title of Ordinance#2012-002.
Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, she closed the Public Hearing.
Vice-Mayor Grace motioned to adopt Ordinance #2012-002, on first reading; seconded by
Commissioner Castro. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
9.3 ORDINANCE#2012-003
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS
($1,000,000.00) TO FUND THE INFILTRATION AND INFLOW REMOVAL-PHASE III PROJECT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE. (FIRST READING)
City Attorney Ansbro read the title of Ordinance #2012-003. He explained that this item was
prepared in error; the cost of the project is $850,000.00. City Attorney Ansbro noted the
ordinance is withdrawn.
Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, she closed the Public Hearing.
9.4 ORDINANCE#2012-004
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS
($1,000,000.00) TO FUND THE S.E. STORMWATER IMPROVEMENTS-PHASE I MEADOWBROOK PUMP
STATION REPLACEMENT PROJECT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
Minutes of Regular Meeting 7
Dania Beach City Commission
Tuesday,December 13,2011—7:00 p.m.
City Attorney Ansbro read the title of Ordinance #2012-004.
Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, she closed the Public Hearing.
Commissioner Castro motioned to adopt Ordinance #2012-004, on first reading; seconded
by Vice-Mayor Grace. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
9.5 ORDINANCE #2012-005
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REZONING
PROPERTIES LOCATED IN THE COMMUNITY REDEVELOPMENT AREA (CRA) AS SHOWN ON MAP I
AND LEGALLY DESCRIBED IN EXHIBIT A; REZONING PROPERTIES IN AREA "A" FROM C-3
(COMMERCIAL) AND C-4 (COMMERCIAL) TO MA (MARINE); REZONING PROPERTIES IN AREA "C"
FROM C-2 (COMMERCIAL), C-4 (COMMERCIAL), I-R (INDUSTRIAL REGULAR), AND NBHD-RES
(NEIGHBORHOOD RESIDENTIAL) TO CC (CITY CENTER), AND FROM C-2 (COMMERCIAL) AND
NBHD-RES (NEIGHBORHOOD RESIDENTIAL) TO NBHD-MU (NEIGHBORHOOD MIXED USE) AND
FROM NBHD-RES (NEIGHBORHOOD RESIDENTIAL) AND OS (OPEN SPACE) TO C-2 (COMMERCIAL);
REZONING PROPERTIES IN AREA "D" FROM C-2 COMMERCIAL AND NBHD-RES (NEIGHBORHOOD
RESIDENTIAL) TO EDBB-MU (EAST DANIA BEACH BOULEVARD MIXED USE) AND FROM NBHD-
RES* (NEIGHBORHOOD RESIDENTIAL IRREGULAR) AND NBHD-RES (NEIGHBORHOOD
RESIDENTIAL) TO CC (CITY CENTER); REZONING PROPERTIES IN AREA "E" FROM C-3
(COMMERCIAL) AND NBHD-RES (NEIGHBORHOOD RESIDENTIAL) TO SFED-MU (SOUTH FEDERAL
MIXED USE); REZONING PROPERTIES IN AREA "F" FROM C-2 (COMMERCIAL), C-4 (COMMERCIAL),
I-G (INDUSTRIAL GENERAL), I-R (INDUSTRIAL RESTRICTED), NBHD-RES (NEIGHBORHOOD
RESIDENTIAL) TO NBHD-MU (NEIGHBORHOOD MIXED USE); REZONING PROPERTIES IN AREA "G"
FROM C-2 (COMMERCIAL) TO SFED-MU (SOUTH FEDERAL MIXED USE); REZONING PROPERTIES IN
AREA "H" FROM I-G (INDUSTRIAL GENERAL) AND IRO (INDUSTRIAL RESEARCH OFFICE) TO C-3
(COMMERCIAL); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
City Attorney Ansbro read the title of Ordinance #2012-005.
Corinne Lajoie, Principal City Planner, noted the rezonings are located within the CRA. She
provided an overview of the community meetings that were held over the past year. Ms. Lajoie
clarified that not all properties within the boundaries are being rezoned, only those that are
marked on the map. She commented that there were some questions at the Planning and Zoning
Board meeting regarding the St. Ruth's Missionary Baptist Church area. Ms. Lajoie confirmed
this property is zoned C-1 and will remain as such. She noted we received communication from
residents in Area F and their concerns have been addressed. Ms. Lajoie noted that the Planning
and Zoning Board and staff recommend approval.
Mayor Flury opened the Public Hearing.
Beth Laggerstein, 5160 SW 26 Avenue, is concerned with the Dania Beach plan. The map is not
clear and does not give neighborhoods. She said there are plans in the work that will affect her
property which is west of Interstate 95. The City needs to be clear with plans involving
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Dania Beach City Commission
Tuesday,December 13,2011 —7:00 p.m.
redistricting. Ms. Laggertein asked the City to make the vision clear and let everyone have a say
in what is going to happen.
in
BettyRobinson 213 NW 6 Avenue is confused and wants to see addresses. She noted that the
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properties on the west side do not flood and do not require flood insurance. These properties that
will be zoned commercial will be lost to residents. Ms. Robinson remarked that there has to be a
better plan.
Derrick Hankerson, 746 SW 3`d Street, noted homeowners and businesses were invited to
participate in the process. These items on the plan presented tonight were well thought out. He
urged the Commission to vote in favor of the rezonings.
Debbie Orshefsky, Greenberg Traurig, representing IDI, Industrial Development International,
advised that the company owns a large property which is located within the Boomers amusement
center parcel. They would like to move forward with a project, but if the rezoning is approved,
they would not be able to continue with their business development. She noted that IDI
developments are compatible with the kind of commercial vision the City has for this site.
Attorney Orshefsky distributed booklets to the Commission, a copy of which is included as an
exhibit to these minutes. She asked the property be grandfathered from the rezoning.
Albert Jones, 722 SW 3`d Street, noted this has been planned for many years. He said it would be
good if staff could work something out with IDI; however, we need to move forward with the
rezoning. Mr. Jones pointed out that this is what the residents want and we should not hold off
or delay this action.
Teddy Bohanan, 312 SW 151n Street, noted we have worked very hard to improve the appearance
of the City. She remarked that we need nice things to attract people.
Craig Urbine, 1211 Stirling Road, noted as a resident, the IDI plan is the last thing we need.
However, as the Design District, there is a lot of value to showroom/warehouse. He stated that if
the development is aesthetically pleasing, perhaps it should be considered.
Clay Miller, 1607 Johnson Street, Hollywood, noted the Commission should protect the right of
the citizens and small business owners.
James McCutcheon, 507 3`d Place, questioned how the zoning would affect his property.
Tammie James, 255 NW Tamara James Avenue, is concerned with the rezoning because her
property is in the center of it.
Janice Peterman, 717 SW 41n Terrace, noted they have worked with the CRA for many years, and
they just need final approval from the Commission. These are things the community requested,
not the CRA Director. She said she does not want warehouses across the street from where she
lives.
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Dania Beach City Commission
Tuesday, December 13,2011 —7:00 p.m.
Michael Klatt, spoke on behalf of a family business located on the property south of Boomers.
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He thought that building more warehouses in the area around Bryan Road is both unnecessary
and a step backwards in the economic development of Dania Beach. Mr. Klatt noted that with
the proposed plan we could create a great area for large businesses. He supports the move
forward. Lastly, he commented they have received inquiries from Walmart and Boomers.
Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public
Hearing.
Commissioner Castro noted she met with IDI and spoke to staff. She said that the planners do
not think warehouses should be developed. The community designed this plan; not the City or
staff. Commissioner Castro stated that we are giving the communities what they asked for. She
supports the plan as is.
Vice-Mayor Grace asked Director Earle to address the concerns with the individual
neighborhoods.
Jeremy Earle, CRA Executive Director, explained we had over 50 hours of public input. He
reviewed each concept plan which led to the Redevelopment Plan Concept presented tonight.
Director Earle noted that all future rezonings are not on the map and staff will come back to
address other areas. He concluded that the plan includes what the residents want.
Commissioner Duke thanked the residents who attended the meetings. He remarked that we
have a great location and unless we plan for the future, it will swamp us. Commissioner Duke
noted that this is a community-driven plan and a long-term vision. He further commented that
IDI has a great product and would create jobs and tax revenue, but it is not what the residents
want. Commissioner Duke supports the plan as is.
Commissioner Castro motioned to adopt Ordinance #2012-005, on first reading; seconded
by Vice-Mayor Grace. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
City Attorney Ansbro advised the remaining items were quasi-judicial hearings and swore-in
those who would speak. He asked the Commission to disclose any communication they had on
these matters.
Commissioner Duke and Vice-Mayor Grace noted they spoke with Mr. Helms regarding the
rezoning ordinance.
9.6 RESOLUTION#2011-145
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE VARIANCE REQUEST SUBMITTED BY ANCHOR SIGN, INC. ON BEHALF OF SORMI, INC., FROM
SECTION 505-140, OF THE UNIFIED LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 308
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Dania Beach City Commission
Tuesday,December 13,2011 —7:00 p.m.
EAST DANIA BEACH BOULEVARD IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2011-145.
Kristin Dion, City Planner, noted the applicant is requesting a wall sign variance for a new
Dollar Store to be located in the Meadowbrook Square shopping center. She provided an
overview of the proposal. Ms. Dion advised that the CRA Director recommends denial of the
request.
Scott Duke, Anchor Sign, noted the space is far from the road and there are a lot of trees that
obstruct visibility. He said the larger sign is essential to business. The proposed sign is in line
with the Winn Dixie sign.
Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, she closed the Public Hearing.
Commissioner Castro asked if any other tenants objected.
Ms. Dion confirmed that no objections were received.
Vice-Mayor Grace motioned to deny the request.
Commissioner Duke noted Dollar Tree would be a junior tenant.
Mr. Duke asked if the Commission would consider 36 inch letters.
Mayor Flury thought the size of the sign could be negotiated and staff could bring this item back
for final approval by the Commission.
Vice-Mayor Grace motioned to deny Resolution #2011-145; seconded by Commissioner
Duke. The motion carried on the following 3-1 Roll Call vote:
Commissioner Castro No Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
9.7 RESOLUTION #2011-146
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE VARIANCE REQUEST SUBMITTED BY ATTORNEY ROD FEINER ON BEHALF OF BROWARD
CASTING FOUNDRY, INC., FROM THE UNIFIED LAND DEVELOPMENT CODE, PART 1, "USE
REGULATIONS", SECTION 115-40, "SCHEDULE OF PERMITTED USES" AND PART 2, SECTION 265-170,
"NONCONFORMING PARKING FACILITIES", FOR PROPERTY LOCATED AT 2240 SW 34TH STREET,
DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2011-146. He advised the applicant requested
a continuance until January 10, 2012.
Minutes of Regular Meeting 11
Dania Beach City Commission
Tuesday,December 13,2011 —7:00 p.m.
Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, she closed the Public Hearing.
Commissioner Castro motioned to continue Resolution #2011-146 until the January 10,
2012 Commission meeting at 7:00 p.m.; seconded by Vice-Mayor Grace. The motion
carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
9.8 RESOLUTION #2011-147
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE REQUEST MADE BY JOAN LETO, TRUSTEE FOR THE PROPERTY OWNER, JOAN LETO TRUST
FOR A THIRD EXTENSION TO THE APPROVED SITE PLAN (SP-41-08) GRANTED BY RESOLUTION
2008-190, AND FOR VARIANCE (VA-43-08) BY RESOLUTION 2008-189 AND FLEX ALLOCATION (LUF-
42-08) GRANTED BY RESOLUTION 2008-188 ON OCTOBER 14, 2008, FOR PROPERTY LOCATED ON
THE NORTH SIDE OF STIRLING ROAD APPROXIMATELY '/4 MILE NORTHWEST OF THE 1-95 /
STIRLING ROAD EXIT ON SW 19TH COURT IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING
FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution#2011-147.
Corinne Lajoie, Principal City Planner, requested a continuance until the January 10, 2012 City
Commission meeting.
Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, she closed the Public Hearing.
Commissioner Castro motioned to continue Resolution #2011-147 until the January 10,
2012 City Commission meeting at 7:00 p.m.; seconded by Vice-Mayor Grace. The motion
carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
10. Discussion and Possible Action
10.2 City Center Roadway— Commissioner Castro
Commissioner Castro requested a consensus to move forward with the development of the
roadway. She noted that we have $700,000.00 available from the County to develop the right-of-
way into a roadway and thought it is imperative for our City Center to proceed with this project.
Commissioner Castro requested the Commission direct staff to obtain appraisals for any possible
liability. She would like to consider doing a quick take so we can go ahead and build the entry
roadway where it was originally designed.
Minutes of Regular Meeting 12
Dania Beach City Commission
Tuesday,December 13,2011 —7:00 p.m.
CityAttorney Ansbro explained a"quick take" allows an entity wishing to take property to file a
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petition and submit an appraisal. The decision is made by a jury at a later date. He further noted
that the City (the taker) would be responsible for all legal and attorneys fees. City Attorney
Ansbro clarified that because the City would only be taking a piece of the land, the owner would
need to be compensated for the value of what is taken and any harm done to the rest of the
property. It would be a 3-4 month process.
Commissioner Duke noted he wants to use the County funds available to us; however he is
concerned with the potential liability to the taxpayers. He pointed out that we are dealing with
Sam Jazayri and Hank Thomas who are tough negotiators. Commissioner Duke is worried about
the possibility of a jury coming back saying the price of the land was higher than$700,000.00, at
which time we would have to find the money to pay.
Commissioner Castro is worried with the liability, which is why she wants an appraisal. She
asked how do we know how to proceed, if we do not get an appraisal?
Commissioner Duke favored the appraisal. He would like the appraisers to look at it from both
ways and tell us how else it could be viewed.
Mayor Flury agreed with her fellow Commissioners regarding the appraisal. She further noted
we should proceed with the quick take at some point, instead of waiting for something to happen
in the next three years.
Commissioner Castro motioned to conduct an appraisal on the property, which would
include the recommendations made by Commissioner Duke; seconded by Commissioner
Duke. The motion carried on the following 4-0 Roll Call vote:
Commissioner Castro Yes Vice-Mayor Grace Yes
Commissioner Duke Yes Mayor Flury Yes
11. Commission Comments
11.1 Commissioner Castro
Commissioner Castro thanked staff for attending the flood workshops.
Commissioner Castro noted she continues to receive complaints from residents about the phones
and the fact that they are unable to talk to a human contact at any of the City departments.
Commissioner Castro spoke about Budget adjustments. She would like to have a workshop for
everyone to understand how to do budgets and adjustments.
Commissioner Castro congratulated staff on the FAU Award.
Minutes of Regular Meeting 13
Dania Beach City Commission
Tuesday,December 13,2011 —7:00 p.m.
Commissioner Castro noted the Parking Garage is a mess. She proposed closing it during certain
hours as well as having BSO step up patrols. Commissioner Castro commented that although we
have video cameras in the building, nobody is monitoring them. She remarked that this is one of
our newest structures and we need to take care of it.
City Manager Baldwin noted staff is looking into this issue.
Commissioner Castro commended Colin Donnell Assistant City Manager, as her Employee of
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the Month.
Commissioner Castro noted she will visit the Federal Aviation Administration (FAA) Regional
Office in Atlanta tomorrow, together with Special Counsel Neil McAliley and representatives
from the Broward County Aviation Department. She advised that the goal of this meeting is to
explain the Interlocal Agreement (ILA) and the Noise Mitigation Program in order to get their
approval and move on to the national level. Commissioner Castro will advise City Manager
Baldwin of the outcome of their meeting.
11.2 Commissioner Duke
Commissioner Duke had no comments.
11.3 Commissioner McElyea
Commissioner McElyea was not present at this meeting.
11.4 Vice-Mayor Grace
Vice-Mayor Grace had no comments.
11.5 Mayor Flury
Mayor Flury had no comments.
12. Appointments
There were no appointments at this meeting.
13. Administrative Reports
13.1 City Manager
City Manager Baldwin noted he extended the Building Code Services Agreement with Broward
County for another six months while we pursue the Request for Proposals.
Minutes of Regular Meeting 14
Dania Beach City Commission
Tuesday,December 13,2011 —7:00 p.m.
City Manager Baldwin noted the.Holocaust Museum is considering moving into the City. We
will meet with them on Thursday to give them a tour of the City.
City Manager Baldwin noted that the State of Florida has agreed to paint the Melaleuca wall by
mid January.
13.2 City Attorney
City Attorney Ansbro noted the Dania Beach Hotel asbestos removal and subsequent demolition
work is underway.
13.3 City Clerk -Reminders
Tuesday, January 10, 2012 - 6:00 p.m. CRA Board Meeting
Tuesday, January 10, 2012 - 7:00 p.m. City Commission Meeting
Thursday, January 19, 2012 - 6:00 p.m. Abatement Hearing
Tuesday, January 24, 2012 - 7:00 p.m. City Commission Meeting
14. Adjournment
Mayor Flury adjourned the meeting at 9:22 p.m.
ATTEST: CITY OF DANIA BEACH
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK 'S Ft MAYOR
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Approved: January 10, 2012
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Minutes of Regular Meeting 15
Dania Beach City Commission
Tuesday,December 13,2011 —7:00 p.m.
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: IV1173 20_"
PRINT NAME—_T'* A- -k <_r
ADDRESS: �� ►'��J Aver7ut-e,
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:
041t,+ _tO qULA 7�
r fin- �OL-u.
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:\Agenda\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 th eting be ins.
DATE OF COMMISSION MMEpE,,TIING: ,20
PRINT NAME: V C V�
ADDRESS: . t 02' W �� 0(y
PHONE NO. (optional):
PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: ,
4.
f ;
1) �CITIZEN COMMENTS: ++' ''
Comments by Dania Beach citizens or interested parties that are not part of the regular printed age da 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:\Agenda\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 egins.
DATE OF COMMISSION MEFPTING: / f ,201/
PRINT NAME: f
t
ADDRESS: 4) h n. bed
PHONE NO. (optional):
PLEASE CHECK 16NE OR BOTH OF THE BOXES BELOW:
1) 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:\Agenda\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: f 3 201
PRINT NAME:
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
Commi3sion 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 COMMEN
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:\Agenda\PUBLIC SPEAKING FORM.doc
The City of Dania Beach
Dr. Martin Luther King, Jr. Committee
CALLING ALL CITIZENS OF THE CITY OF DANIA BEACH
WE NEED YOU!!
ALL HOMEOWNERS ASSOCIATIONS
(Presidents & Members)
ALL CHURCHES IN THE CITY OF DANIA
ALL CLUBS AND ORGANIZATIONS
ALL PARKS & RECREATIONAL FACILITIES
ALL CITIZENS OF DANIA BEACH
WE NEED YOU TO HELP PLAN THE DR. MARTIN
LUTHER KING, JR., EVENT FOR 2012. JOIN THE
COMMITTEE IN PLANNING THE BEST EVENT EVER!
WHEN: DECEMBER 16, 2012
TIME: 6:OOPM
WHERE: CHARLIE WILL THOMAS PARK
100 N.W. S' Avenue
Dania Beach, Florida
Item #7.7
Revised Resolution
RESOLUTION NO. 2011-153
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO
EXECUTE A FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION GRANT AGREEMENT IN THE AMOUNT OF $181,293.00
FOR PHASE I OF THE DANIA BEACH MARINA REHABILITATION
PROJECT; PROVIDING FOR APPROPRIATION OF FUNDS INCLUDING
REQUIRED CITY MATCHING FUNDS OF $288,250.00 AVAILABLE FROM
OTHER APPROVED CITY GRANTS AND APPROVED CITY CAPITAL
APPROPRIATIONS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach is engaged in the design and permitting of the
Dania Beach municipal marina; and
WHEREAS, the City applied for Florida Fish and Wildlife Conservation Commission
grant funding for Phase I of the Dania Beach Marina Rehabilitation Project to provide added
funding to the total project amount of $469,543.00 originally appropriated in April, 2011
pursuant by Resolution#2011-035;
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That the proper City officials are authorized to execute a grant agreement
with the Florida Fish and Wildlife Conservation Commission to fund the Dania Beach Marina
Renovation Project, a copy of which Agreement is incorporated into and made a part of this
Resolution by this reference and it is attached as Exhibit"A".
Section 2. That the City Commission approves and directs an increase to the total
appropriation for Phase I of the Dania Beach Marina Rehabilitation Project to $650,836.00.
Section 3. That a portion of this total project appropriation balance is comprised of
this Wildlife Conservation grant in the amount of $181,293.00 combined with $288,250.00 in
required grant matching funds as follows:
Grant Match: a.) from grant awards as follows
$96,000.00 Florida Inland Navigation District,
$96,250.00 Broward Boating Improvement, and
b.) Capital Project Fund—Marina Improvements
portion of balance approved April 2011: $96,000.00.
Section 4. That a further portion of this total project appropriation is comprised of an
added balance of $181,293.00 from a combination of General Fund Unassigned balance
appropriations as approved by City Resolution No. 2011-035 in April, 2011, which will be used
to fund project costs that are not reimbursable under the grants.
Section 5. That the City Manager and City Attorney are authorized to make minor
revisions to the Agreement which are deemed necessary and proper and in the best interests of
the City.
Section 6. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 7. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on December 13, 2011.
ATTEST:
LOUISE STILSON, CMC PATRICIA A. FLURY
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
2 RESOLUTION#2011-153
Item #7.9
Revised Title
RESOLUTION NO. 2011-155
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RELATING TO CHANGE ORDER NO. 7 FOR THE
NANOFILTRATION WATER PLANT PROJECT; USING AVAILABLE
CONTRACT CONTINGENCY ALLOWANCES FOR 30 DAYS NET
INCREASE IN
E IN TOTAL
CONTRACT COST IN AN AMOUNT NOT TO EXCEED OF $28,486.00;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City received proposals for design and construction of a 2.0 MGD
Nanofiltration Water Treatment Plant on the City's existing water plant site; and
WHEREAS, the City Commission awarded Camp Dresser & McKee, Inc. the
design/build contract in the amount of$8,820,923.00 in November, 2009; and
WHEREAS, the contract has undergone six (6) change orders previously that increased
the contract by$355,835.00 to a current total of$9,176,758.00; and
WHEREAS, the contract will require the use of existing available Contingency
Allowance funds to complete and to address issues that could not be adequately bid prior to
design; and
WHEREAS,the new funding and contract allowances would be provided as follows:
This Change Order provides means of payment from the Contract Allowance Accounts for a
variety of issues. This Change order provides no net increase to the cost of the project:
USE OF CONTINGENCY ALLOWANCE
ITEM
1. Duplex Air Compressor .................................................................... $13,690.00
Furnish and install one new two-stage, air-cooled, splash-lubed, reciprocating
duplex air compressor, mounted on 200 gallon horizontal tank,with a 10 hp
TEFC motor. Includes a new NEMA 4 pressure switch, and a new NEMA 4
single power source alternating control panel with starters.
2. Compressor Equipment ..................................................................... $5,435.00
Furnish and install a non-cycling refrigerated air dryer,prefilter, oilescer filter,
condensate separator, and 240 gallon cold tank.
3. Electrical Equipment ........................................................................ $825.00
NOTICE OF HEARING BEFORE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES:
NOTICE IS GIVEN that on December 13, 2011 at 7.00 p.m. or as soon thereafter as the matter may be
heard, the City Commission of the City of Dania Beach, Florida, will conduct a public hearing in the
Commission Chamber at Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach,
Florida,to consider the proposed adoption of the following ordinances:
ORDINANCE NO. 2012-001
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS
($1,000,000.00) TO FUND THE LIFT STATIONS (NUMBERED AS 4, 5, 8, 9 AND 10)
REHABILITATION PROJECT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 2012-002
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS
($1,000,000.00) TO FUND THE S.E. STORMWATER IMPROVEMENTS-PHASE II PROJECT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
ORDINANCE NO. 2012-003
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE MILLION DOLLARS
($1,000,000.00) TO FUND THE INFILTRATION AND INFLOW REMOVAL-PHASE III PROJECT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
Copies of the proposed ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania
Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal business
hours.
Interested parties may appear at the meeting and be heard with respect to the proposed ordinances. Any
person who decides to appeal any decision made with respect to any matter considered at this hearing will
need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
In accordance with the American with Disabilities Act, persons needing assistance to participate in any of
the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach,
Florida 33004,(954)924-6800 Ext. 3624 at least 48 hours prior to the meeting.
/s/Louise Stilson, CMC
City Clerk
Run in Sun Sentinel: Saturday, December 3, 2011
NOTICE OF HEARING BEFORE CITY COMMISSION OF
THE CITY OF DANIA BEACH, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCE:
NOTICE IS GIVEN that on December 13, 2011 at 7.00 p.m. or as soon thereafter as the matter
may be heard, the City Commission of the City of Dania Beach, Florida, will conduct a public
hearing in the Commission Chamber at Dania Beach City Hall, 100 West Dania Beach
Boulevard, Dania Beach, Florida, to consider the proposed adoption of the following ordinance:
ORDINANCE NO. 2012-004
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE EXPENDITURE OF CITY FUNDS EXCEEDING ONE
MILLION DOLLARS ($1,000,000.00) TO FUND THE S.E. STORMWATER
IMPROVEMENTS-PHASE I MEADOWBROOK PUMP STATION REPLACEMENT
PROJECT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
A copy of the proposed ordinance is on file in the Office of the City Clerk, City Hall, 100 West
Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during
normal business hours.
Interested parties may appear at the meeting and be heard with respect to the proposed ordinance.
Any person who decides to appeal any decision made with respect to any matter considered at
this hearing will need a record of the proceedings and for such purpose may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based.
In accordance with the American with Disabilities Act, persons needing assistance to participate
in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach
Boulevard, Dania Beach, Florida 33004, (954) 924-6800 Ext. 3624 at least 48 hours prior to the
meeting.
/s/ Louise Stilson
City Clerk
Run in Sun Sentinel: Saturday, December 3, 2011
Management
L Scott Helms
SVP and Regional Development Officer/IDI
515 East Las Olas Boulevard, Suite 960, Fort Laudersale, FL 33301
Dear Scott,
At your request, I am writing you with respect to the industrial zoned site in Dania Beach that is
currently the subject of an involuntary zoning change request by the city. Our firm represents
the lienholder, RADC-CADC Venture 2010-2 LLC, which currently is in the process of
foreclosing the above referenced property.
Prior to the City's action, our firm received proposals for purchase of the property from four
highly reputable industrial property developers, and selected IDI for a Note Sale on a thirty day
feasibility with a fifteen day closing thereafter. The actions of the City of Dania Beach have
delayed our Closing, as IDI has no interest in the property if rezoned as proposed by the City of
Dania Beach.
I called each of our other Buyer prospects and asked them if the new zoning proposed by the
City had any interest to them. All were in agreement that the proposed zoning was of no interest,
and that this zoning would devalue the property.
The involuntary zoning change represents a form of condemnation of our client's collateral
property, and we intend to aggressively pursue legal action in the event this proposal moves
forward. I have ordered. an appraisal to value the property as currently zoned, and as proposed
for rezoning by the City of Dania Beach. We will be seeking damages in the amount of the value
dilrerence,plus the cost of the delay in monetizing this transaction, which was imminent.
Thank you for your attention to this matter. We will aggressively pursue our client's best
interest unless the City's actions are terminated immediately.
Regards,
lg7 2,1//3/Z
Kenneth R. Mitchell, Florida Division President
Argent Management LLC
321-288-2101
kmitchell6d),arp,entmanagementilc com
'-0C<!'04,A OFFICE
2'M Morse Ave,Irvine,CA 92614# MAIN 949 777 4000 * FAX 949 777 4050 www.ArgentManagementLLC.com
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• Dear Dania Beach Commissioners,
• Please review IDI's attached presentation while considering the rezoning of the referenced property from IRO to C3.
Attached in this package are three sections for your review:
• 1. The first section is information on the building IDI is proposing to develop a 230,000 square foot office/warehouse
building.We have modified the site plan and included proposed renderings as per Jeremy Earle's request.We were asked
to reverse the building to face South and to design a building"Key West"style.
2. The second section Included in the package are aerials of several South Florida IDI properties.These aerials show
the relationships and compatibility of our high quality properties to commercial and retail uses.Also included are elevations
• of several existing buildings developed by IDI. Most of these photos were taken at building completion.
• 3. The third section is a partial list of IDI tenants in Florida.
We respectively request that you do not approve the rezoning application for the following reasons:
1. Industrial is the current zoning and is surrounded on 3 sides by industrial zoned properties.
• 2. The primary site which should be rezoned to C3 is the property on the southside fronting Stirling Road. Retail and
Commercial is more likely at this location due to the traffic counts on Stirling Road.The proposed site on Bryan Road
• makes no sense for retail and commercial. It doesn't have the traffic counts to support any retail uses. If rezoned it will be
stagnant for years to come.
• 3. The property owner and note owner both oppose the rezoning.There are letters from both parties.
• 4. IDI proposes to develop one quality building intended for office, assembly, and distribution uses. Our tenant profile
included in the package gives you an idea of the quality of tenants in IDI developed Florida properties.
The aerials shown in the package also show the relationship of our properties to retail and commercial uses. Many
retailers, restaurants, and hotels rely on the employees in our properties for their businesses. In every case where we
have developed in South Florida, retail has followed our developments.
• 5. IDI will develop this building as soon as site plan approval and the building drawings are completed.We have the
first speculative building under construction in South Florida in 4 years.This building located in Miramar totals 263,000
• square feet.
• 6. This project will provide quality jobs in an area that has higher unemployment then most of Broward County and
• higher than ida average.This project can help jump start the local economy.
• Th you for considering our position. I would be more than happy to take you on a tour of any of our existing projects.
Sincerely,
• Scott Helms
• SVP/RDO
. IDI
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I
0 IDI FLORIDA TENANTS
•
•
•
• TENANT NAME SIZE LOCATION USE
Royal Carribbean 270,000 Weston Office/ Distribution for Cruise ships
• Ceva Logistics 229,308 Tampa Verizon is Client
• American Express 224,650 Weston Worldwide billing operation
Office Depot 180,000 Weston Business to Business Distribution
Edward Don & Co. 160,100 Miramar Office and Food Distribution
• Anda, Inc/Watson 152,178 Weston Office and Food Distribution
• American Tire Distributors, Inc. 147,197 Tampa Office and Distribution
• Watson Laboratories, Inc. 132,000 Weston Office, Labs and Distribution
Propulsion Tecnology International, LLC 124,280 Miramar Airplane assembly, Distribution, and Office
Aetna Life Ins. Co 114,830 Pompano Pharmaceutical Distribution and Call Center
. Caremark, Inc. 91,872 Miramar Pharmaceutical Distribution and Call Center
• WalMart Stores East, LP 89,000 Miramar Distribution
C.H. Robinson Worldwide, Inc. 85,660 Miramar Office and Food Distribution
AT&T Florida 82,638 Miramar Office and Distribution
• Whole Foods Market Grou, Inc. 71,754 Pompano Office and Food Distribution
• Firestone Building Products Co, LLC 65,400 Miramar Office and Distribution
Delta Apparel, Inc. 63,800 Miramar Office and Distribution
ZF Marine, LLC 62,552 Miramar Marine Assembly, Office and Distribution
• Margaritaville Enterprises 62,502 Orlando Entertainment, Office and Distribution
• Actavis South Atlantic LLC 55,313 Sunrise Pharmaceutical Distribution and Office
• ABB Inc. 51,800 Miramar Assembly, Office and Distribution
Tri-Anim Health Services 50,643 Orlando Office and Distribution
Mohawk Industries, Inc. 46,002 Orlando Office and Distribution
• American Standard, Inc. 45,200 Miramar Office and Distribution
• CVCorp Holdings, Inc. 38,203 Miramar Office and Distribution
Europa Sports Products, Inc. 36,994 Orlando Office and Distribution
Tire Centers, LLC 36,921 Orlando Office and Distribution
• Omnicare 24,140 Weston Office and Distribution
• SCP Distributors, LLC 24,140 Weston Office and Distribution
US Pharmaceutical Group, Inc 24,140 Weston Pharmaceutical Distribution and Office
0 Keystone Wire &Cable 24,000 Pompano Office and Distribution
• Schindler Elevator Corp. 20,000 Sunrise Office and Distribution
• Johnson Control, Inc. 19,789 Miramar Office and Distribution
• Dynalectric Co. 15,877 Miramar Office and Distribution
G&K Services, Co 14,960 Orlando Office and Distribution
Motion Industries 11,010 Miramar Office and Distribution
• Total Renal Care, Inc. 9,734 Miramar Office and Distribution
• Comcast of Florida/Washington LLC 7,291 Miramar Office and Distribution
Wellspring Distributio, LLC 4,867 Miramar Office and Distribution