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HomeMy WebLinkAboutMinutes of Meeting - March 27, 2012 MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, MARCH 27, 2012 — 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: C. K. "Mac"McElyea Commissioners: Anne Castro Walter Duke Bobbie H. Grace City Manager: Robert Baldwin City Attorney: Thomas Ansbro City Clerk: Louise Stilson 2. Invocation and Pledge of Alle ig ance 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 State of the City Presentation—Mayor Flury A video recording of the State of the City was presented at this time. 3.2 Special Event request from Olsen Middle School for the "2nd Annual Beach Run for Education" to be held Saturday, April 28, 2012, from 8:00 a.m. - 10:00 a.m. at the Dania Beach Pier Commissioner Castro motioned to approve the Special Event request for Olsen Middle School's 2"d Annual Beach Run for Education; seconded by Commissioner Grace. The motion carried unanimously. Mayor Flury advanced Item#9.1 on the agenda. 9.1 ORDINANCE#2012-007 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE SETTLEMENT AGREEMENT(IN COMPLIANCE WITH CITY CHARTER REQUIREMENTS), WITH BROWARD COUNTY, FLORIDA, RELATED TO LITIGATION EXISTING BETWEEN THE PARTIES IN CONNECTION WITH CONSTRUCTION OF A NEW SOUTH RUNWAY AT FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT, SUCH AMENDMENT TO CHANGE THE VOIDABILITY OPTION PERIOD OF PARAGRAPH 6 OF THE AGREEMENT FROM THIRTY (30)DAYS TO SIXTY (60)DAYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2012-007. Mayor Flury opened the Public Hearing. Linda Sacco, 4496 SW 34th Terrace, urged the Commission to remember the people expect them to represent them and care about them. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Grace motioned to adopt Ordinance #2012-007, on second reading; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Flury Yes Commissioner Grace Yes Commissioner Castro noted our Special Counsel for the Airport will be meeting with Broward County staff tomorrow. She wanted everyone to know that we continue with our efforts to try to get the Federal Aviation Administration (FAA) to change their opinion regarding the Settlement Agreement approved by the City and Broward County on October 25, 2011. 3.3 RESOLUTION#2012-137 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, DETERMINING THAT PARCELS OF REAL PROPERTY LEGALLY DESCRIBED IN EXHIBIT "A" (A COPY OF WHICH IS ATTACHED AND INCORPORATED INTO THIS RESOLUTION BY THIS REFERENCE),ARE SURPLUS PROPERTY;AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXCLUSIVE LISTING AGREEMENT WITH A REGISTERED REAL ESTATE BROKER, SELECTED BY LOTTERY FROM AMONG QUALIFIED BROKERS; CONFIRMING THAT APPRAISALS OF THE REAL PROPERTY HAVE DETERMINED THE VALUES OF THE PROPERTIES AS IDENTIFIED IN EXHIBIT "A'; AUTHORIZING THE CITY MANAGER TO ENTER INTO CONTRACTS FOR SALE OF THE PARCELS OF REAL PROPERTY WITH THE SALES CONTINGENT UPON APPROVAL BY MAJORITY VOTE OF THE CITY COMMISSION; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2012-037. Tim Ryan, Special Counsel, advised 10 properties are to be considered as surplus and available for public sale. He noted most of the listed properties are residential properties; one is a commercial parcel located at the old water tower site. Attorney Ryan indicated that the properties must be sold for at least 90% of the appraised value as determined by an independent Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,March 27,2012—7:00 p.m. state certified appraiser. He explained the process for the sale of public property as outlined in the Charter. Commissioner Duke motioned to adopt Resolution #2012-037; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Flury Yes Commissioner Grace Yes 3.4 Lottery Selection of Real Estate Broker for the Surplus Parcels of Real Property Tim Ryan, Special Counsel, noted that 4 of the 10 surplus properties have a low market value; therefore they have been placed and listed as one item under the lottery selection process. The remaining 6 properties would be offered separately by a realtor. He further explained that we currently have 12 real estate brokers with an established business in Dania Beach. In addition, his office contacted the Realtor Association of Greater Fort Lauderdale and the South Broward Board of Realtors in order to add their information to a list of brokers to be selected to sell said properties; however, no response has been received from them. Attorney Ryan advised that at this time we have 7 realtors in the City who will participate in the lottery drawing. Mayor Flury clarified with Attorney Ryan that although we have 12 realtors doing business in Dania Beach, the Charter requires that we make an effort to bring realtors from outside the City to participate in the process. Mayor Flury drew a lottery as follows: Parcel #1: Royal Realty Investment Group, LLC Parcels#2, #4, #6, and#10: Broker Breaker, Inc. Parcel#3: Rainbow Investment Realty Parcel #5: Jean Cook Realty Parcel#7: Exit Realty Today Parcel #8: Daniel Diefenbach II, Inc. Parcel #9: A. J. Ryan Realty Commissioner Duke noted that it may have been better to deal with one realtor for all the properties. He suggested the Commission look at the Charter to revise the process in the future. 4. Proclamations 4.1 Paralyzed Veterans of America Awareness Month Mayor Flury presented the proclamation to Michael Foster, Executive Director, Paralyzed Veterans Association of Florida, Inc. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,March 27,2012—7:00 p.m. 5. Citizen Comments Victoria Payne, Executive Director, Dania Beach Chamber of Commerce, 102 West Dania Beach Boulevard, requested approval of the Skyland Plaza variance on tonight's agenda. She also provided an update of Chamber events. Craig Urbine, 29 South Federal Highway, commended the Commission on the accomplishments of the City. He noted the Holocaust Museum would be positive if they came to the City, even though they are a non-profit organization and would not pay property taxes. Mr. Urbine also encouraged the Commission to approve the Skyland Plaza variance request. He remarked that both of these projects would bring economic development to the City. Lastly, he asked the Commission to keep the building/code compliance services in-house. 6. Public Safety Reports Bruce Caruso, EMS Division Chief, BSO Fire Rescue, advised that the Water Plant will be loaned self-contained breathing apparatus, and operators will receive refresher training. He reported on a recent fire at Willow Manor and commented that evacuation was not necessary. Chief Caruso noted there was no delay on their part for the project on Federal Highway. Commissioner Castro questioned the turnaround time for the Fire Marshal to review plans. Chief Caruso will investigate and report back to the Commission. Donn Peterson, BSO Chief of Police, reported on a burglary arrest last week. He further advised that the operation in southwest Dania Beach has concluded and he will provide a report to the City Manager. Chief Peterson would like to have some feedback from the residents in the area to confirm whether the tactics implemented work or not. Commissioner Grace thanked City staff and BSO for their prompt response in replacing a"Stop" sign in the northwest section of the City. 7. Consent Agenda Items removed from Consent Agenda: #7.4, #7.5, #7.6 7.1 Minutes: Approve minutes of March 13, 2012 City Commission meeting Approve minutes of March 15, 2012 First Public Hearing Airport Settlement Agreement 7.2 Travel Requests: Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,March 27,2012—7:00 p.m. Request of Jacquelyn Whiting-Beauzil, Human Resources, to attend the FRS Employer Training Seminar in Tallahassee, Florida, on April 11-12, 2012 (Estimated cost$627.24) Resolutions 7.3 RESOLUTION #2012-038 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO AN EXISTING AGREEMENT WITH KEITH AND SCHNARS, P.A. RELATING TO PROFESSIONAL SERVICES FOR THE CITY OF DANIA BEACH WATER DISTRIBUTION MODELING PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT, SUCH SERVICES NOT TO EXCEED TWELVE THOUSAND DOLLARS ($12,000.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt the Consent Agenda, with the exception of Item #7.4,#7.5, and#7.6; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Flury Yes Commissioner Grace Yes 7.4 RESOLUTION#2012-040 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,REQUESTING ADVANCE APPROVAL FROM THE CITY COMMISSION OF THE CITY OF DANIA BEACH FOR ADVERTISEMENT OF THE SECOND AND FINAL PORTION OF THE CAPITAL PROJECT KNOWN AS THE SOUTHEAST DRAINAGE IMPROVEMENTS PHASE I PROJECT,WHERE BIDDING IS EXPECTED TO BE SOUGHT BY THE PUBLIC SERVICES DEPARTMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2012-040. Mayor Flury requested that the City Manager or City Attorney be part of the bid review committee because this is a major project. City Manager Baldwin noted he will be part of the bid review committee when the proposals are received. Commissioner Duke motioned to adopt Resolution #2012-040; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Flury Yes Commissioner Grace Yes 7.5 RESOLUTION#2012-041 Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,March 27,2012—7:00 p.m. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND APPROVING AN AMENDMENT TO THE EXISTING CONSTRUCTION AGREEMENT BY ADDING TWO SHADE SHELTER STRUCTURES TO THE PRECIOUS PAWS DOG PARK PROJECT USING COASTAL CONTRACTING & DEVELOPMENT INC., FOR AN AMOUNT NOT TO EXCEED $20,000.00; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2012-041. Commissioner Castro confirmed this is part of the actual budget. She noted that $20,000.00 for two shade shelters is a lot of money. Kristen Jones, Director of Parks and Recreation, explained that the shelters have already been installed. Commissioner Castro motioned to adopt Resolution #2012-041; seconded by Commissioner Duke. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Flury Yes Commissioner Grace Yes 7.6 RESOLUTION#2012-042 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE FLORIDA INLAND NAVIGATION DISTRICT THAT PROVIDES FOR FUNDING AND ADMINISTRATION OF A WATERWAYS ASSISTANCE PROGRAM GRANT IN THE AMOUNT OF $2,500,000.00; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2012-042. Commissioner Duke thanked the Commission and Assistant City Manager Donnelly for this project, as well as members of the Broward Marine Advisory Council and Tyler Chappell of the Florida Inland Navigation District, who also helped us move forward with this initiative. Commissioner Duke motioned to adopt Resolution 42012-042; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Flury Yes Commissioner Grace Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION#2012-033 Corrected Resolution Title Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,March 27,2012—7:00 p.m. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE REQUEST FOR PROPOSALS FOR, AND NEGOTIATION OF A CONTRACT FOR BUILDING DEPARTMENT SERVICES WITH BROWARD COUNTY, PURSUANT TO RFP NUMBER 12-004; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2012-033. He noted that the resolution was revised to clarify that Code Compliance Services will remain in-house and not be provided by Broward County. Bob Daniels, Director of Community Development, thanked the bid review committee for participating in the selection review. He noted that after careful analysis, the committee concluded that there would be no significant savings in outsourcing any of these services. Therefore they recommend: reject all proposals, begin negotiations with Broward County Permitting, Licensing and Consumer Protection Division for Building Department Services, and retain the current Code Compliance Division staff at the present budget levels. Commissioner Castro clarified the building inspections would continue to be outsourced to Broward County. City Manager Baldwin noted that we have been working on a temporary agreement with Broward County and a final document will be presented to the Commission for consideration and approval. Commissioner Duke requested that the vacant Code position be filled. City Manager Baldwin noted staff may be proposing additional staff to the Code Compliance Division during budget discussions. Commissioner Castro noted the proposal should also include additional technology to make their work more efficient. Commissioner Castro motioned to adopt revised Resolution #2012-033 seconded by Commissioner Duke. The motion carried on the following 4-1 Roll Call vote: Commissioner Castro Yes Vice-Mayor M¢Elyea No Commissioner Duke Yes Mayor Flury Yes Commissioner Grace Yes 8.2 RESOLUTION#2012-039 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH SPORTS TURF ONE, INC.,RELATING TO THE AWARD OF CONTRACT FOR THE LASER GRADING AND RE-SODDING OF THE C.W. THOMAS FOOTBALL FIELD PROJECT IN AN AMOUNT NOT TO EXCEED $86,793.00; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2012-039. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,March 27,2012—7:00 p.m. Mark Felicetty, Assistant Director of Parks and Recreation, explained the process and when the laser grading and re-sodding was last done. Commissioner Duke noted the heavy wear on this field and suggested we look for a long term solution. Commissioner Duke motioned to adopt Resolution #2012-039; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Flury Yes Commissioner Grace Yes 8.3 RESOLUTION#2012-043 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A RANKING OF BID RESPONSES AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH GREEN CONSTRUCTION TECHNOLOGIES RELATING TO THE AWARD OF CONTRACT FOR THE US-1/SR-5 RIGHT-OF-WAY LANDSCAPE IMPROVEMENTS - PHASE II PROJECT, IN AN AMOUNT NOT TO EXCEED$1,293,261.58;PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2012-043. Mayor Flury noted that during the last discussion of the project, the City Commission requested that preliminary soft digs be performed immediately. Jeremy Earle, CRA Executive Director, responded the bid includes a cost of approximately $12,000.00 for the soft digs; it would have cost $84,000.00 to do it before the bid award. He said it made more sense to have the contractor do it; if something is wrong, it then comes back to the Commission to decide how to proceed. Mayor Flury noted there is a $600,000.00 potential cost included based on the soft digs, which makes for a potential $2M cost for this project. She questioned how the Commission could approve this when they do not know the actual cost. Commissioner Castro suggested the motion would be structured to approve awarding the bid based on the successful soft digs, and the remaining bid would then continue forward with that contractor; but the contractor must complete the soft digs first. Dominic Orlando, Director of Public Services, noted his department got a proposal from another consultant to do this; however, he questioned why we were going to another consultant. He said if you want to get the information before construction, ask the consultant doing the design for a quote to do that work; if they do not do the work in-house, they can subcontract it out under their contract; then you have one consultant responsible for the project. Once you get the results of the soft digs, then you would have to adjust the design to address that. Director Orlando noted this is the proper way to proceed, in his opinion. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,March 27,2012—7:00 p.m. Mayor Flury noted she does not want us to approve this contract unless we know what we are approving. Director Earle noted the designer of the project is IBI Group. He said the challenge is that typically the contractor is responsible for everything. Now we would hire a consultant for the soft digs, and it would add extra layers that we might not want. Commissioner Castro noted it would also add extra time. Director Orlando clarified that you would have the information and know how much it would cost. Commissioner Castro said her motion would contain the following information: award the contract based on the successful outcome of the soft digs; award $1.2M if the soft digs come back okay; if they don't we are not awarding anything. Director Orlando cautioned when you award a contract you are responsible for paying contractor's anticipated loss overhead profit, therefore, you have to be careful on how you award a contract. Commissioner Castro understands this, that is why she is going to put it in the motion so that the contractor knows if he wants to sign off on it or not. The deal is he is not getting the whole contract until he does the soft digs for $12,000.00 and gives us a successful outcome. Mayor Flury questioned if the cost would be $12,000.00 or $84,000.00. Director Earle responded $12,000.00, as proposed in the bid. Commissioner Castro noted the bid amount is a not to exceed $1.2M, but the funding is a problem. Mayor Flury clarified $199,000.00 was taken away when the grant disappeared. She questioned if Director Earle had carryover money in his CRA budget. Mayor Flury stated she does not want the $199,000.00 to come out of contingency because it is disappearing rapidly. Commissioner Castro noted the money can only come from the CRA budget by ordinance or resolution because the Finance Director did not do a carryover. Mayor Flury responded there is a carryover, she looked at it today. Director Earle clarified that the CRA Board has to make that decision. Commissioner Castro motioned to adopt Resolution #2012-043, based on the successful outcome of the soft digs for $12,000.00, for a maximum bid amount of$1.2M; seconded by Commissioner Duke. Minutes of Regular Meeting 9 _ Dania Beach City Commission Tuesday,March 27,2012—7:00 p.m. City Attorney Ansbro noted if we come back with conflicts, they will be reported and authorized by the Commission before they proceed. This will be part of the motion. Mark Bates, Director of Finance, confirmed contingency money was in the CRA budget. Commissioner Castro clarified the motion that the bid is awarded, and if the digs are successful and we do not incur an additional $600,000.00 in cost, then it moves forward and does not need to come back to the City Commission. Mayor Flury confirmed with the City Attorney that the contractor does not get the contract unless the digs are successful. If the digs are not successful, then it comes back to the Commission and we start all over again. I Commissioner Castro clarified if the digs are successful and we can proceed without the extra $600,000.00, it does not need to come back to the Commission for another vote. City Attorney Ansbro understood the direction of the Commission. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Flury Yes Commissioner Grace Yes 8.4 RESOLUTION #2012-044 Corrected Resolution A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING A RANKING OF BID RESPONSES AND AWARDING A BID TO INSITUFORM TECHNOLOGIES, INC., IN THE AMOUNT OF $774,398.50 FOR PHASE III OF THE INFILTRATION AND INFLOW PROGRAM; PROVIDING ASSURANCES; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2012-044. Commissioner Duke motioned to adopt Resolution #2012-044; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Flury Yes Commissioner Grace Yes 9. Public Hearings and Site Plans 9.2 ORDINANCE #2012-008 Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,March 27,2012—7:00 p.m. AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA, TO AMEND THE CODE OF ORDINANCES AND LAND DEVELOPMENT CODE BY AMENDING ARTICLE III "GARAGE SALES" OF CHAPTER 21 "SALES AND AUCTIONS"OF THE CODE OF ORDINANCES,CONCERNING REGULATIONS OF GARAGE SALES; AND AMENDING THE LAND DEVELOPMENT CODE BY AMENDING ARTICLE 105 "USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS" REGARDING REGULATIONS OF OUTDOOR STORAGE CONTAINERS, COMMUNITY RESIDENTIAL HOMES AND RESIDENTIAL CARE FACILITIES; AMENDING ARTICLE 110 "USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS" CONCERNING PERMITTED USES IN ZONING DISTRICTS AND PROVIDING FOR SUPPLEMENTAL USE REGULATIONS; AMENDING ARTICLE 115 "INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS OF USE" CONCERNING PERMITTED USES IN INDUSTRIAL ZONING DISTRICTS AND CONDITIONS OF USE; AMENDING ARTICLE 205 "TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS FOR ALL ZONING DISTRICTS" TO PROVIDE DEVELOPMENT STANDARDS FOR THE OPEN SPACE(OS)ZONING DISTRICT; AMENDING ARTICLE 265 "OFF-STREET PARKING REQUIREMENTS" TO AMEND OFF- STREET PARKING REGULATIONS, AND REQUIREMENTS OF THE PAYMENT IN LIEU OF PARKING PROGRAM; AMENDING ARTICLE 302 "DETAILED USE REGULATIONS" CONCERNING PERMITTED, PROHIBITED AND SPECIAL EXCEPTION USES WITHIN THE COMMUNITY REDEVELOPMENT AREA FORM-BASED ZONING DISTRICTS; AMENDING ARTICLE 303 "DISTRICT DEVELOPMENT STANDARDS"TO PROVIDE FOR AMENDED DEVELOPMENT STANDARDS WITHIN THE CITY CENTER FORM-BASED ZONING DISTRICT; CREATING ARTICLE 307 "LANDSCAPING REGULATIONS" CONCERNING LANDSCAPING REQUIREMENTS WITHIN THE COMMUNITY REDEVELOPMENT AREA FORM-BASED ZONING DISTRICTS; CREATING ARTICLE 511 "INDUSTRIAL DESIGN STANDARDS" TO ESTABLISHMENT DESIGN REQUIREMENTS FOR INDUSTRIAL DEVELOPMENT;AMENDING ARTICLE 610 "PUBLIC HEARING NOTICES" TO PROVIDE FOR AMENDMENTS TO PUBLIC NOTICE REQUIREMENTS FOR DEVELOPMENT APPLICATIONS; AMENDING ARTICLE 620 "ADMINISTRATIVE VARIANCES", CONCERNING AUTHORIZED ADMINISTRATIVE VARIANCES; AMENDING ARTICLE 675 "TEMPORARY USE AND SPECIAL EVENT PERMITS" TO AMEND THE PROCEDURES AND REQUIREMENTS FOR REVIEW AND APPROVAL OF TEMPORARY USES AND SPECIAL EVENTS; AMENDING ARTICLE 725 "DEFINITIONS" TO AMEND THE DEFINITIONS USED IN THE LAND DEVELOPMENT CODE; AMENDING ARTICLE 805 "CONCURRENCY DETERMINATIONS" TO AMEND STANDARDS REGARDING PUBLIC SCHOOL CONCURRENCY TO PROVIDE FOR CONSISTENCY WITH THE INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING IN BROWARD COUNTY; PROVIDING FOR AMENDMENTS THROUGHOUT THE LAND DEVELOPMENT CODE TO CORRECT SCRIVENER'S ERRORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)(Continued from March 13,2012) Corinne Lajoie, AICP, Principal City Planner, noted this is a text amendment to several sections of our Code, and provided an overview of the proposed changes. She noted that staff recommends approval of the changes. Commissioner Castro referred to the long term off street parking and asked for clarification that truckers will not be allowed to park overnight. Ms. Lajoie will check the definition to make sure this is included. Ms. Lajoie stated sheds still receiving input from residents and business owners, and if any other changes are needed, staff will add them to the second reading of the ordinance before it is presented to the Commission. 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 11 Dania Beach City Commission Tuesday,March 27,2012—7:00 p.m. Commissioner Duke motioned to adopt Ordinance #2012-008, on first reading; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Flury Yes Commissioner Grace 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 Castro disclosed that she spoke with the owners two ears ago when the process P Y g began. 9.3 RESOLUTION#2012-034 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR A VARIANCE (VA-08-12) SUBMITTED BY GILLES GRENIER, REPRESENTING SKYLAND PLAZA, FROM THE DANIA BEACH LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 118 NORTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2012-034 and Resolution #2012-035 because they relate to the same property Corinne Lajoie, AICP, Principal City Planner, noted the property is located within the CRA in the City Center zoning district. The applicant is requesting design variations and a site plan approval for the construction of a 2-story building with commercial on the ground floor and residential above, with associated parking. She provided an overview of the proposed project. Ms. Lajoie advised that staff is recommending approval of both design variations. As regards the site plan request, staff recommends approval, provided the design variations are approved and all staff comments are addressed prior to the issuance of a building permit. Francois Gervais, Director, International Design Engineering and Architecture (IDEA), provided renderings of the two proposed buildings. Mayor Flury opened the Public Hearings. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearings. Commissioner Castro motioned to adopt Resolution #2012-034; seconded by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Flury Yes Commissioner Grace Yes Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,March 27,2012—7:00 p.m. 9.4 RESOLUTION $2012-035 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST (SP-40-11) AND ASSOCIATED DESIGN VARIATIONS SUBMITTED BY GILLES GRENIER, REPRESENTING SKYLAND PLAZA, FOR PROPERTY LOCATED AT 118 N FEDERAL HIGHWAY IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2012-035; seconded by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor McElyea Yes Commissioner Duke Yes Mayor Flury Yes Commissioner Grace Yes 10. Discussion and Possible Action There were no discussion items on this agenda. 11. Commission Comments 11.1 Commissioner Castro Commissioner Castro reported we lost the $750,000.00 from Broward County because we did not meet the timeline for the City Center. Commissioner Castro attended the Davis Isles Homeowners Association meeting last Sunday. She forwarded a summary of their issues to the City Manager for his review. Commissioner Castro said she will speak to Broward County about the Airport issue tomorrow and report back to the Commission. The County will have this item on their April 3rd agenda. She advised that May 9th will be the "voidability period" expiration date, and the City Commission will be requested to void the Interlocal Agreement, and we will start over again. Commissioner Castro spoke about her trip to Washington DC on March 21-22. She thanked Alcalde and Fay for setting up appointments and arranging meetings with committee members. Commissioner Castro noted that they discussed the beach re-nourishment and some cost savings tactics while we do the dredging of the Dania Cut-Off Canal; as well as several other items. She thought sending a representative for legislative discussions was money well spent. Commissioner Castro noted she attended the Nanofiltration plant dedication this morning, which will provide potable water for the City until about 2040/2050. She was pleased to see the event was very well attended. Commissioner Castro pointed out that we received the 2010 Drinking Water State Revolving Fund (DWSRF) for Sustainable Public Health Protection Award from the U.S. Environmental Protection Agency Region IV. She advised that we also received an award Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,March 27,2012—7:00 p.m. from the Florida College of Engineering. Commissioner Castro further remarked that studies reveal that this plant has a 95% water production and only 5% of the water is being lost in the process. Lastly, she stated that CDM Smith believes the plant has enough points to receive a Leadership in Energy and Environmental Design (LEED) Gold certification by the U.S. Green Building Council. Commissioner Castro commended everyone involved in making this project a success. 11.2 Commissioner Duke Commissioner Duke advised that the first community meeting on the Waterfront Revitalization Plan will be held at I.T. Parker Community Center on April 12. He thanked Parks and Recreation Director Kristen Jones and Community Development Director Bob Daniels, for reaching out to stakeholders to have our beach cleaned up. Commissioner Duke noted the bus shelters and trash receptacles on Federal Highway look terrible. He wants the entire Commission to stay on top of it and push it forward. Commissioner Duke congratulated staff and the Commission on the Federal Highway g g Y landscaping project. He has received nice comment from residents p g p � s o es dents stating the area now has more shade and is more walkable. Commissioner Duke noted the Marine Flea Market was a great success and a very positive event for our City. Commissioner Duke congratulated Mayor Flury on the State of the City presentation. 11.3 Commissioner Grace Commissioner Grace thanked everyone who participated in the Relay for Life event. She advised people can still make on-line donations to the American Cancer Society. Commissioner Grace thanked the Public Services Department for the state of the art Nanofiltration Plant of which we should all be proud. She noted there is a section of the landscaping she did not like and asked to have it re-done. Commissioner Grace noted our beach is looking good; some of the seagrapes were removed and it looks cleaner. She remarked that we are making our City more appealing and this is the result of all the dedicated people who care about Dania Beach. 11.4 Vice-Mayor McElyea Vice-Mayor McElyea commented on the seagrapes removal at the beach. 11.5 Mayor Flury Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,March 27,2012—7:00 p.m. Mayor Flury noted that the seagrapes are coming out but sea oats will be planted and our beach will look very pretty. Mayor Flury confirmed with Public Services Director Orlando that the Nanofiltration plant is the only Gold Certified plant in the world. She remarked this is a great accomplishment for our City. Mayor Flury further asked Director Orlando to schedule an Open House for the public to have an opportunity to tour the plant. 12. Appointments Mayor Flury appointed Gary Luedtke to the Airport Advisory Board. Mayor Flury appointed Nicole Waskiewizz to the Green Advisory Board. Commissioner Castro was appointed as the Director to the Broward League of Cities; and Commissioner Grace was appointed as the Alternate. Commissioner Castro motioned to approve the appointments; seconded by Vice-Mayor McElyea. The motion carried unanimously. 13. Administrative Reports 13.1 City Manager City Manager Baldwin commented on the seagrapes removal. He thanked the Public Services employees who worked hard to have this project completed. Commissioner Castro noted some people are concerned about the sea turtles. She clarified that our plan overall would be more beneficial to the sea turtles. City Manager Baldwin noted he conducted interviews for the Community Development Director position and someone will soon be appointed. City Manager Baldwin noted he recently took a ride around town and only noticed 5-6 streetlights that are out. He advised these will soon be fixed. Commissioner Duke suggested we schedule a quarterly streetlight test to avoid having dark areas in the City. City Manager Baldwin reiterated Commissioner Duke's comment on the community meeting for the Waterfront Revitalization Plan to be held on Thursday, April 12, at I.T. Parker Community Center. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,March 27,2012—7:00 p.m. City Manager Baldwin advised the Precious Paws Dog Park grand opening will take place on Saturday, April 21. City Manager Baldwin noted there is a potential ruling in court to reverse the requirement that employees make a 3% contribution to their FRS pension. He pointed out that if this is reversed by the court, it could cost us a lot of money. City Manager Baldwin noted he received a letter from Broward County regarding our request for Multi-Way Stop Signs. They also clarified that West Dixie Highway is a County road; therefore it cannot be turned over to the City. He suggested that we pursue all three intersections and let the County Commission make a determination. The Commission concurred to move forward with our request including West Dixie Highway. 13.2 City Attorney City Attorney Ansbro noted the Dania Beach Hotel is gone. City Attorney Ansbro noted that the draft lease for the Pier restaurant will be sent to the Quarterdeck representatives by the end of this week. 13.3 City Clerk - Reminders Wednesday, April 4, 2012—6:00 p.m. CRA Board Meting Tuesday, April 10, 2012 —7:00 p.m. City Commission Meeting Tuesday, April 24, 2012 —7:00 p.m. City Commission Meeting 14. Adjournment Mayor Flury adjourned the meeting at 9:09 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC s F1 PATRICIA A. FLURY CITY CLERK ®�� _ ri�� MAYOR Approved: April 10, 2012 Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,March 27,2012—7:00 p.m. REQUEST TO ADDRESS CITE' COIVIMISSION 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 COMMIS ION MEETING: , 20 PRINT NAME: VlciM6, ADDRESS: 10 2- PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) -- CITIZEN COMMENTS: Co is 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: C h rt-� S 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:1Agenda\PUBLIC SPEAKING FORM.doc REQUEST TO ADDRESS CITY COlViMISSION 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 p tY tY re q and provided to the City Clerk, before the meeting egins. DATE OF COMMISSION MEETING: a 20 PRINT NAME: ADDRESS: PHONE NO. (optional): a��- 229 Z5 PLEASE CHECK ODW 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:1Agenda\PUBLIC SPEAKING FORM.doc i_ B K,,,0WA R D COUNTY B�, BERTHA W. HENRY,County Administrator 115 S.Andrews Avenue,Room 409•Fort Lauderdale,Florida 33301 •954-357-7362•FAX 954-357-73W March 15,2012 Mr.Robert Baldwin,City Manager City of Dania Beach 100 W.Dania Beach Boulevard Dania Beach,FL 33004 SUBJECT: (Aty/ftesolution No.2012-017—Request for Multi-Way Stop Signs Dear Mr.B 'dwi I am ni ipt o Resolution No. 2012-017 from the City Commission of the City of Dania Beach (City)requesting that Broward County install multi-way stop signs at the intersections of SE 5 Avenue and SE 3 Street, and SE 5 Avenue and SE 7 Street(City local roads),and West Dixie Highway and SW 2 Avenue(County collector road). Broward County Traffic Engineering Division (BCTED) has previously performed traffic studies at these three intersections to assess the justification for the installation of multi-way stop sign control. The studies found that the conditions were significantly below the minimum warrant criteria established by the Federal Highway Administration's Manual on Uniform Traffic Control Devices(MUTCD). Under the Traffic Engineering Agreement between Broward County and the City, BCTED has the responsibility to install and maintain traffic control devices in accordance with Florida State Statute, Chapter 316.0745, Uniform Signals and Devices. To that end, criteria established by the Florida Department of Transportation and the MUTCD govern the installation and maintenance of traffic control devices. In light of the statutory criteria, Broward County cannot provide exceptions for the three intersections as requested by the City. If the City wishes to remove the two city intersections (SE 5 Avenue and SE 3 Street and SE 5 Avenue and SE 7 Street) from our Traffic Engineering Agreement, please provide,me with a letter affirming that it is the City's intent that they be returned to the City's jurisdiction. As West Dixie Highway is a County collector road, this intersection cannot be turn over to the City and will continue to abide by the statutory criteria that the County is obligated to follow. Sin ly, B rtha Henry Q� County Administrator cc: Thomas J.Hutka,P.E.,Director,Public Works Department Anthony Hui,Deputy Director,P.E.,Public Works Department Edwin Davis,Interim Director,Traffic Engineering Division Broward County Board of County Commissioners Sue Gunzburger•Dale V.C.Holness•Kristin Jacobs•Chip tAta►ca•Ilene Liebemop•Stacy Bluer•John E.Rodstrom,Jr.•Barbara Sharief•Las Wexler www.broward.om 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 March 27, 2012 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. 2012-007 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE SETTLEMENT AGREEMENT (IN COMPLIANCE WITH CITY CHARTER REQUIREMENTS), WITH BROWARD COUNTY, FLORIDA, RELATED TO LITIGATION EXISTING BETWEEN THE PARTIES IN CONNECTION WITH CONSTRUCTION OF A NEW SOUTH RUNWAY AT FORT LAUDERDALE- HOLLYWOOD INTERNATIONAL AIRPORT, SUCH AMENDMENT TO CHANGE THE VOIDABILITY OPTION PERIOD OF PARAGRAPH 6 OF THE AGREEMENT FROM THIRTY (30) DAYS TO SIXTY (60) DAYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed ordinance are on file in the Office of the City Clerk, Dania Beach 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, CMC City Clerk Run in Sun Sentinel: Friday, March 16, 2012