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HomeMy WebLinkAboutMinutes of Meeting - September 9, 2014 MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, SEPTEMBER 9, 2014 — 7:00 P.M. 1. Call to Order/Roll Call Mayor Duke called the meeting to order at 7:00 p.m. Present: Mayor: Walter B. Duke, III Vice-Mayor: Chickie Brandimarte Commissioners: Bobbie H. Grace Albert C. Jones City Manager: Robert Baldwin City Attorney: Thomas Ansbro City Clerk: Louise Stilson 2. Invocation and Pledge of Allegiance Commissioner Grace gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Presentations and Special Event Approvals 3.1 Enlivening Dania Beach's Empty Storefronts Project—Deborah Wolford Deborah Wolford, 571 Penta Court, Weston, gave a presentation on the Storefronts Project, which is intended to enhance the blighted areas in order to attract investors and tenants. 4. Proclamations Commissioner Jones read the proclamation for his mother, Mildred V. Kelsic Jones. Mayor Duke advanced Item#9.7. 9.7 RESOLUTION#2014-072 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND DANIA ENTERTAINMENT CENTER, LLC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(SECOND PUBLIC HEARING) City Attorney Ansbro read the title of Resolution #2014-072, and advised there was an error in the public notification, and asked the Commission for a motion to withdraw the item from the agenda. This item will be brought back to the Commission for the first public hearing on September 23, 2014. Commissioner Grace motioned to withdraw Resolution #2014-072 from the agenda; seconded by Vice-Mayor Brandimarte. The motion carried unanimously. Mayor Duke opened the Public Hearing. Eric Kobrin, 336 NE 2nd Court, commented the City is asking for changes based on estimates and projections, which involve risk. He suggested that conditions be included in the agreement in case the project does have a negative impact on the tax base and property values. Seeing as there was no one else to speak in favor or opposition, Mayor Duke closed the Public Hearing. 5. Citizen Comments Teddy Bohanan, 312 SW 15th Street, thanked Chief Granville for the Smart Water event on Saturday. Bob Mikes, 601 NW 7th Street, addressed the issue of sea level rise, and felt we should look at our zoning, especially east of Federal Highway. 6. Public Safety Reports Captain Kevin Granville, BSO Chief of Police, thanked the residents for attending the Smart Water presentation on Saturday. Sean Brown, Battalion Chief, BSO Fire Rescue,was available to answer questions. 7. Consent Agenda Items removed from Consent Agenda: #7.3,#7.9,#7.10 7.1 Minutes: Approve Minutes of August 26, 2014 City Commission Meeting 7.2 Travel Requests: None Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,September 9,2014—7:00 p.m. Resolutions 7.4 RESOLUTION#2014-074 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH WITT O'BRIEN'S, LLC, A DELAWARE CORPORATION AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA, FOR POST- DISASTER DEBRIS RECOVERY MONITORING SERVICES, UNDER THE TERMS, CONDITIONS AND PRICING OF THE CITY OF PARKLAND BID AW ARD WARD TO RFP NO. 2012-24A AND RESOLUTION NO. 2013-39,WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS;PROVIDING FOR CONFLICTS,FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2014-075 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR TRANSFERS AND APPROPRIATIONS OF FUNDS FROM COMPLETED CAPITAL PROJECTS ACCOUNTS WITHIN THE CAPITAL PROJECTS FUND, WATER FUND,AND SEWER FUND FOR FISCAL YEAR 2013-2014;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2014-076 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE RENEWAL OF THE COMPREHENSIVE PROPERTY/LIABILITY INSURANCE COVERAGE PACKAGE AND WORKERS' COMPENSATION INSURANCE FOR THE CITY OF DANIA BEACH,FLORIDA,THROUGH BROWN&BROWN D/B/A PUBLIC RISK INSURANCE AGENCY("PRIA"), WITHOUT COMPETITIVE BIDDING AND WITHOUT THE ADVERTISEMENT FOR BIDS, SUCH PACKAGE TO INCLUDE COVERAGE FOR PROPERTY AND CASUALTY, CRIME, EMPLOYEE DISHONESTY, GENERAL LIABILITY, AUTOMOTIVE LIABILITY AND PHYSICAL DAMAGE, PUBLIC OFFTCIALS' LIABILITY, F,MPLOYMENT PRACTICES' LIABILITY AND WORKERS' COMPENSATION, FOR A COMBINED TOTAL AMOUNT OF $861,389.00 FOR COVERAGE BEGINNING OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2015; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2014-077 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AND ACCEPT AGREEMENTS FOR CONTINUATION OF THE CITY'S FULLY INSURED HEALTH,DENTAL, VISION,AND LIFE INSURANCE COVERAGE PROCURED USING GEHRING GROUP AS BROKER OF RECORD FOR THE CITY OF DANIA BEACH WITH THE FLORIDA LEAGUE OF CITIES AND RELIANCE STANDARD LIFE INSURANCE COMPANY, FOR INSURANCE COVERAGES BEGINNING OCTOBER 1,2014 THROUGH SEPTEMBER 30, 2015 FOR BOTH ACTIVELY WORKING AND RETIRED EMPLOYEES; FURTHER, AUTHORIZING SUCH CITY OFFICIALS TO EXECUTE AND ACCEPT AN AGREEMENT WITH MAXON ADMINISTRATORS TO ADMINISTER THE CITY'S SELF-INSURED SHORT TERM DISABILITY COVERAGE BEGINNING OCTOBER 1, 2014 THROUGH SEPTEMBER 30, 2015 FOR ALL ACTIVELY WORKING, ELIGIBLE EMPLOYEES;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2014-078 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,SUPPORTING THE PROPOSED "ALL ABOARD FLORIDA" PROJECT, RELATING TO THE CONSTRUCTION OF A 235 MILE INTERCITY PASSENGER RAIL SERVICE BEING DEVELOPED BY FLORIDA EAST COAST INDUSTRIES, LLC, THAT WILL ALLOW PASSENGER TRAIN TRAVEL BETWEEN DOWNTOWN MIAMI Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, September 9,2014—7:00 p.m. AND THE ORLANDO INTERNATIONAL AIRPORT; URGING THE FLORIDA DEPARTMENT OF TRANSPORTATION AND OTHER REGULATORY AND FUNDING AGENCIES TO SUPPORT SUCH PROJECT;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Grace motioned to adopt the Consent Agenda, with the exception of Item #7.3,#7.9,and#7.10; seconded by Commissioner Jones. The motion carried unanimously. 7.3 RESOLUTION#2014-066 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND APPROVING THE CITY MANAGER'S EMERGENCY APPROVAL TO PURCHASE SERVICES FROM SIMON ROOFING, INC., RELATING TO ROOFING REPAIRS NEEDED AT THE DANIA BEACH GRILL RESTAURANT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, IN AN AMOUNT NOT TO EXCEED FORTY-FIVE THOUSAND DOLLARS ($45,000.00); PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (Continued from August 26,2014) City Attorney Ansbro read the title of Resolution#2014-066. Mayor Duke noted he would not vote for this because of the cost, considering the building may be torn down in a few years. Vice-Mayor Brandimarte stated she would not vote for this either because the building is to be moved as part of the beach revitalization. Commissioner Jones noted we are the landlords and we have the liability. He said if we do not replace the roof,we should insure that the roof is repaired or covered. Commissioner Grace asked staff to address what could be done. City Manager Baldwin noted the roof needs to be replaced in order for the tenant to obtain insurance. Dominic Orlando, Director of Public Services, said he does not believe the building will come down in five years; it should be longer according to the revitalization plan. He recommends meeting with the contractor to negotiate minimum requirements to meet code. City Attorney Ansbro suggested a motion to defer be made to give the contractor the opportunity to respond. Commissioner Jones motioned to defer Resolution #2014-066 until the next Commission meeting; seconded by Commissioner Grace. The motion carried unanimously. Eric Kobrin, 336 NE 2nd Court, suggested looking into a special roof deductible wherein the insured accepts a greater liability in order to get coverage. 7.9 RESOLUTION#2014-079 Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,September 9,2014—7:00 p.m. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING AND RATIFYING THE EXPENDITURE OF FUNDS FROM VARIOUS CITY DEPARTMENTS FOR WATER METERS AND WATER SUPPLY COMPONENTS TO BE PURCHASED FROM H.D. SUPPLY, INC. TO THE END OF FISCAL YEAR 2013/2014, INCLUSIVE OF EXISTING PURCHASES THAT MAY EXCEED AN ANNUAL VENDOR TOTAL OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00), AND FURTHER PROVIDING THAT SUCH PURCHASES ARE TO BE MADE WITHIN THE RESPECTIVE DEPARTMENTS' APPROVED DEPARTMENT BUDGET APPROPRIATIONS; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2014-079. Commissioner Jones questioned if exceeding the limit has happened in the past, and the additional cost. City Manager Baldwin responded the amount went up to $28,000.00 because of the need for extra meters and the transfer of responsibility for meters from Public Services to Finance. Commissioner Jones motioned to adopt Resolution #2014-079; seconded by Commissioner Grace. The motion carried unanimously. 7.10 RESOLUTION#2014-080 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM ASPHALT PAVING SYSTEMS, INC. AND APPROVAL OF A "PIGGYBACK CONTRACT" RELATING TO MICROSURFACING AND ASPHALT REPAIR OF SELECTED LOCAL CITY STREETS, UNDER THE CITY OF LAKE WORTH, FLORIDA CONSTRUCTION CONTRACT FOR PAVEMENT, CONCRETE AND STRIPING (IFB# PS-ST-13- 14-116) WITH ASPHALT PAVINGS SYSTEMS, INC. DATED JUNE 18, 2014, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, FOR SERVICES WHICH SHALL NOT EXCEED AN AMOUNT OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00); PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2014-080. Commissioner Jones questioned the appropriation of$600,000.00 in the budget. Director Orlando responded that amount was the total approved for roadwork in the department, which included asphalt. This item would appropriate $250,000.00 of those funds. Commissioner Jones motioned to adopt Resolution #2014-080; seconded by Commissioner Grace. The motion carried unanimously. 8. Bids and Requests for Proposals There were no proposals on this agenda. 9. Public Hearings and Site Plans Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, September 9,2014—7:00 p.m. City Attorney Ansbro advised the remaining items, except for Items #9.3 and #9.4, were quasi- judicial hearings and swore-in those who would speak. He asked the Commission to disclose any communication they had on these matters. 9.1 ORDINANCE#2014-009 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE REQUEST MADE BY DENNIS D. MELE, ESQ., AGENT FOR THE PROPERTY OWNER FLORIDA SILICA SAND COMPANY, TO REZONE PROPERTY LOCATED AT 181 SOUTH BRYAN ROAD IN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM INDUSTRIAL, RESEARCH, OFFICE ("IRO") TO GENERAL COMMERCIAL DISTRICT (C-3), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE.(SECOND READING) City Attorney Ansbro read the title of Ordinance#2014-009. The Commissioners disclosed they had communication before the first public hearing. Corinne Lajoie, Principal City Planner, provided an overview of the rezoning request for a potential redevelopment project. Dennis Mele, 200 E Broward Boulevard,Ft. Lauderdale, was available to answer questions. Mayor Duke opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Grace motioned to adopt Ordinance #2014-009, on second reading; seconded by Commissioner Jones. The motion carried unanimously. 9.2 ORDINANCE#2014-010 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST MADE BY DENNIS D. MELE, ESQ., AGENT FOR THE PROPERTY OWNER FLORIDA CF&A HILL FAMILY LTD., TO REZONE PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF STIRLING ROAD BETWEEN INTERSTATE 95 AND BRYAN ROAD IN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM INDUSTRIAL, RESEARCH, OFFICE, MARINE ("IROM") AND COMMERCIAL BUSINESS DISTRICT (C-2) TO GENERAL COMMERCIAL DISTRICT (C-3), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2014-010. Corinne Lajoie, Principal City Planner, provided an overview of the rezoning request for a potential redevelopment project. Minutes of Regular Meeting Dania Beach City Commission Tuesday, September 9,2014—7:00 p.m. Mayor Duke opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Grace motioned to adopt Ordinance #2014-010, on second reading; seconded by Commissioner Jones. The motion carried unanimously. 9.3 ORDINANCE#2014-011 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND CHAPTER 28,PART 3,OF THE "LAND DEVELOPMENT CODE" OF THE CITY'S CODE OF ORDINANCES BY AMENDING ARTICLE 303, "DISTRICT DEVELOPMENT STANDARDS", CONCERNING DENSITY IN THE CITY CENTER(CC) DISTRICT AND BEACH GATEWAY MIXED-USE (GTWY-MU)DISTRICT AND AMENDING ARTICLE 305, "INCENTIVES",ESTABLISHING DEVELOPMENT INCENTIVES RELATED TO PUBLIC PARKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) (Continued from August 26,2014) City Attorney Ansbro read the title of Ordinance#2014-011. Corinne Lajoie, Principal City Planner, provided an overview of the requested text amendment. Dennis Mele, 200 E Broward Boulevard, Ft. Lauderdale, on behalf of the applicant, noted this change was requested in order to have the same density in the Beach Gateway district as in the City Center district. Mayor Duke opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Jones motioned to adopt Ordinance #2014-011, on first reading; seconded by Commissioner Grace. The motion carried unanimously. 9.4 ORDINANCE#2014-012 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,AMENDING CHAPTER 28 OF THE "LAND DEVELOPMENT CODE" ("LDC") OF THE CITY'S CODE OF ORDINANCES BY AMENDING ARTICLE 110, "USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS", CONCERNING PERMITTED USES IN ZONING DISTRICTS AND PROVIDING FOR USE REGULATIONS; AMENDING ARTICLE 115, "INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS OF USE", CONCERNING PERMITTED USES IN ZONING DISTRICTS AND PROVIDING FOR USE REGULATIONS; AMENDING ARTICLE 265, "OFF-STREET PARKING REQUIREMENTS", CONCERNING OFF-STREET PARKING REQUIREMENTS; AMENDING ARTICLE 302, "DETAILED USE REGULATIONS", CONCERNING USE REGULATIONS WITHIN THE NEIGHBORHOOD RESIDENTIAL (NBHD-RES) ZONING DISTRICT; AMENDING ARTICLE 310, "BUILDING TYPES", CONCERNING REGULATIONS RELATED TO RESIDENTIAL BUILDING TYPES; AND AMENDING ARTICLE 525, "ARCHITECTURAL STANDARDS FOR THE COMMUNITY REDEVELOPMENT AREA FORM-BASED ZONING DISTRICTS", CONCERNING ARCHITECTURAL AND DESIGN STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance#2014-012. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, September 9,2014—7:00 p.m. Corinne Lajoie, Principal City Planner, provided an overview of the requested text amendments to the code. Commissioner Jones noted he is concerned with environmental conditions in regard to fleet parking,particularly with vehicles leaking oil or gas. Principal City Planner Lajoie suggested additional verbiage for second reading of the ordinance to clarify operational vehicles only. Vice-Mayor Brandimarte questioned if the City ever had a problem with outside storage of used boats. Principal City Planner Lajoie responded there had been a lot of heavy industrial uses in the past, which were subsequently limited by adoption of the IROM zoning. Mayor Duke opened the Public Hearing. James Ridgely, 880 SE 2nd Avenue, commented that the code for fleet parking may need to be clarified for vehicles leased, rather than owned, by the business. Seeing as there was no one to speak in favor or opposition, Mayor Duke closed the Public Hearing. Commissioner Grace motioned to adopt Ordinance #2014-012, on first reading; seconded by Commissioner Jones. The motion carried unanimously. 9.5 ORDINANCE#2014-013 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST MADE BY SCOTT BACKMAN,ESQUIRE,AGENT FOR THE PROPERTY OWNER ROBERT C. FAVARATO AND SARAH DIANE FAVARATO AS TRUSTEES UNDER THE ROBERT C. FAVARATO AND SARAH DIANE FAVARATO LIVING TRUST, TO REZONE PROPERTY LOCATED ON SW 29 TERRACE (NW CORNER OF GRIFFIN ROAD AND SW 29 TERRACE) IN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM TWO- FAMILY RESIDENTIAL DISTRICT (RD-8000) TO COMMERCIAL BUSINESS DISTRICT (C-2), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2014-013 and Ordinance #2014-014 because they relate to the same property. Corinne Lajoie, Principal City Planner,provided an overview of the rezoning and plat request for the construction of retail stores on the property. Christina Balinki, 14 SE 4d` Street, Boca Raton, representing the applicant, noted the site plan will also come before the Commission, and they are addressing the concerns of the residential areas to the north and east. She then gave a brief presentation of the requests. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, September 9,2014—7:00 p.m. Mayor Duke opened the Public Hearings. Christine Douglas, 4665 SW 38t' Terrace, commented she lives west of the proposed development, and a Family Dollar store is not an attractive use. She suggested perhaps a Starbucks would be more appropriate in this area. Seeing as there was no one to speak in favor or opposition, Mayor Duke closed the Public Hearings. Commissioner Jones motioned to adopt Ordinance #2014-013, on first reading; seconded by Vice-Mayor Brandimarte. Vice-Mayor Brandimarte questioned if there had been community meetings since this property is surrounded by residential. Ms. Balinki responded no one was opposed when another Family Dollar was previously proposed for this location. The motion failed on the following 2-2 Roll Call vote: Commissioner Grace No Vice-Mayor Brandimarte Yes Commissioner Jones Yes Mayor Duke No 9.6 ORDINANCE#2014-014 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST MADE BY PULICE LAND SURVEYORS, INC.,ON BEHALF OF THE PROPERTY OWNER, ROBERT FAVARATO AND SARAH FAVARATO LIVING TRUST, TO CREATE A PLAT (PL-68-14) TO BE KNOWN AS THE "GRIFFIN ROAD FD" PLAT, FOR PROPERTY LOCATED AT 2901 GRIFFIN ROAD IN THE CITY OF DANIA BEACH; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS, ALLEYS AND EASEMENTS AS SHOWN ON SUCH PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Jones motioned to adopt Ordinance #2014-014, on first reading; seconded by Vice-Mayor Brandimarte. Commissioner Grace commented the Commission should safeguard neighborhoods when asked by the residents,and there is already a Family Dollar in Dania Beach. The motion failed on the following 2-2 Roll Call vote: Commissioner Grace No Vice-Mayor Brandimarte Yes Commissioner Jones Yes Mayor Duke No 9.8 RESOLUTION#2014-073 Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, September 9,2014—7:00 p.m. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN ALTERNATE PARKING STANDARD FOR SHOWROOM USES (APPLICATION NO. OT-079-14), SUBMITTED BY JEFF FALKANGER ON BEHALF OF COHEN BROTHERS REALTY, FOR PROPERTY LOCATED AT 1855 GRIFFIN ROAD (THE "DESIGN CENTER OF THE AMERICAS" OR "DCOTA" CENTER) IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2014-073. Corinne Lajoie, Principal City Planner, reviewed the request and the current uses of the DCOTA property. Jeff Falkanger, representing DCOTA, noted they only have two uses, showrooms and conditional office space. He added eventually, once the economy picks up, there will be a requirement to install a parking garage; this measure would offer relief for the showrooms before that time comes. Mayor Duke opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Jones motioned to adopt Resolution #2014-073; seconded by Commissioner Grace. Mayor Duke questioned if this type of recalculation of the parking requirement would set a precedent. Principal City Planner Lajoie said potentially it could in the fixture, but this request is for DCOTA only and for showroom only; currently it is a case by case situation. The motion carried on the following 4-0 Roll Call vote: Commissioner Grace Yes Vice-Mayor Brandimarte Yes Commissioner Jones Yes Mayor Duke Yes 10. Discussion and Possible Action There were no discussion items on this agenda. 11. Commission Comments 11.1 Commissioner Grace Commissioner Grace thanked residents in the southeast section for supporting her over the weekend, and spoke of improvements to be made in this area. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, September 9,2014—7:00 p.m. Commissioner Grace commented she was delighted with resident turnout at the budget workshop yesterday. She expressed disappointment that Vice-Mayor Brandimarte left the workshop early. 11.2 Commissioner Jones Commissioner Jones noted he enjoyed the Smart Water presentation on Saturday. Commissioner Jones reminded everyone construction on the turnpike begins September 14. 11.3 Vice-Mayor Brandimarte Vice-Mayor Brandimarte responded to Commissioner Grace's comments. 11.4 Mayor Duke Mayor Duke had no comments. 12. Appointments Commissioner Jones motioned to re-appoint Commissioner Flury's board appointments; seconded by Vice-Mayor Brandimarte. The motion failed on the following 2-2 vote: Commissioner Grace No Vice-Mayor Brandimarte Yes Commissioner Jones Yes Mayor Duke No 13. Administrative Reports 13.1 City Manager City Manager Baldwin noted we are prepared to go forward with Oasis 6 & 7 projects; however, there will be public meetings scheduled for both on September 16 to make the residents aware of what is planned. City Manager Baldwin also noted he will meet on Thursday with Kent George and the airport staff to discuss the sound mitigation program, Taylor Lane, and the FDOT exit. 13.2 City Attorney City Attorney Ansbro mentioned the medical marijuana measure on the November ballot, and since it is believed it will be approved, he felt an ordinance should be prepared and on the books to regulate where dispensaries can be located in the City. He suggested a workshop be scheduled to discuss this matter, and the Commission agreed to meet on October 1 St at 5:00 p.m. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,September 9,2014—7:00 p.m. City Manager Baldwin noted the Sheriff is agreeable to a one-year extension of the BSO contract, and this item will be placed on the next agenda. 13.3 City Clerk-Reminders Monday, September 15, 2014 - 6:00 p.m. 1 st Budget Public Hearing Tuesday, September 23, 2014 - 7:00 p.m. City Commission Meeting Wednesday, September 24,2015 - 5:01 p.m. 2nd Budget Public Hearing Wednesday, October 1,2014- 5:00 p.m. Medical Marijuana Workshop Wednesday, October 1, 2014- 6:00 p.m. CRA Board Meeting 14. Adjournment Mayor Duke adjourned the meeting at 8:55 p.m. ATTEST: CIT DANIA BEACH ARD'S Fjq�r LOUISE STILSON, CMC = ���� ALTER B. DUKE, III CITY CLERK MAYOR 1 Approved: September 23, 2014 ATED 19�` Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,September 9,2014—7:00 p.m. srfix. REQUEST TO ADDRESS CITY CONIlVIISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk,before the meeting begins. DATE OF COMMISSION MEETING: �� ,20 W PRINT NAME: ADDRESS: 3 6 N'E- 2'-J" C PHONE NO.(optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) yR 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 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: pro -to Qg S 11 to 4f V" 114_5 d- 2) ® PUBLIC HEARINGS—TTEM# q'Z (AS PRINTED ON AGENDA) PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"TONING"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 WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES,EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE,OR ON THE CITY WEBSITE:WWW.DANIABEACHFL.GOV. (ORDINANCE#2012-019) G:1Agenda\PUBLIC SPEAKING FORMdoc ` ram REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk,before the meeting begins. DATE OF COMMISSION MEETING:— ,20_Ll PRINT NAME: 00 A C.� ADDRESS: PHONE NO.(optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) 0 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"Citized Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk 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) 13 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 WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES,EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE,OR ON THE CITY WEBSITE:WWW.DANIABEACBFL.GOV. (ORDINANCE#2012-019) GAAgenda\PUBLIC SPEAKING FORM.doc t REQUEST TO ADDRESS CITY COMMSSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk,before the meeting begins. DATE OF COMMISSION MEETING: 20� PRINT NAME: / ADDRESS: 4/ W PHONE NO.(optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) ;4' CI MEN COMMENTS: Comments by Dania Beach citizens or interested pasties 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. 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: Q v-e Z Z,,�F I� ti° 4-- �ea Ltrt tile 2) 0 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 ORATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES,EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE,OR ON THE CITY WEBSITE:WWW.DANIABEACHFL.GOV. (ORDINANCE#2012-019) G:kAgenda\PUBLIC SPEAKING FORM.doc ,. REQUEST TO ADDRESS CITY COMNIISSION 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: �T 9 ,20 PRINT NAME: R� d(Z t P L� C( 01 f 14 t Y� ADDRESS: +2 8 5w [S�" �-c�-e_ - �n� �t_ S 3(} PHONE NO.(optional): 7� 2(¢• PLEASE—CHECK ONE OR BOTH OF THE BOXES BELOW: 1) l'jdL CITTZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made doting each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk 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: / l(Ila�1 L4" �� l�� 5��7• 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 CONSENTS 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 WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED, LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVMES,EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE,OR ON THE CITY WEBSTTE:wW W.DANIABEACHFL.GOV. (ORDINANCE#2012-019) G:\Agenda\PUBLIC SPEAKING FORM.doc ram►, REQUEST TO ADDRESS CITY COAEMSSION 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: ,20211 PRINT NAME: ,. s�k e ��lAc lc,s ADDRESS: A�evS 3 9 7-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"Citized Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk 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 4--S,\' ,,t 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 WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WELL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES,EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE,OR ON THE CITY WEBSITE:W Ww.DANL,BEACHFL.GOV. (ORDINANCE#2012-019) G:Wgenda\PUBLIC SPEAKING FORM.doc