Agenda for May 13, 2014

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, MAY 13, 2014 - 7:00 P.M.

ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.

LOBBYIST REGISTRATION 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)

IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK'S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 33004, (954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO THE MEETING.

IN CONSIDERATION OF OTHERS, WE ASK THAT YOU:

A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING.

B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING.

1. CALL TO ORDER/ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

1. Reverend Esau Dalrymple, Lael Baptist Church

3. PRESENTATIONS AND SPECIAL EVENT APPROVALS

1. Approve the Parks, Recreation and Community Affairs Advisory Board recommendation for a full fee waiver of $300.00 for Collins Elementary School to utilize the I. T. Parker Community Center for their annual "Student Awards Night" on May 21, 2014, from 6:00 pm - 9:00 pm. (Agenda Request Item, Supporting Docs)

2. Request from the Dania Beach Improvement Committee to place a piece of permanent public art near the Dania Beach Library (Supporting Docs)

3. Fleet Week 5K Ruck Run - Silver Wings Army Paratroopers Jump - Mayor Duke

4. Presentation by Creative Arts Council Advisory Board (Agenda Request Item, Supporting Docs)

4. PROCLAMATIONS

5. CITIZEN COMMENTS

Addressing the Commission: Comments by Dania Beach citizens, or other interested parties that are not part of the regular agenda, may be made during each Commission meeting during the period set aside for "citizen comments." A thirty (30) minute "citizen comments" period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak, the Commission shall determine, on a meeting by meeting basis, whether to (a) extend the time allotted for citizen comments to accommodate all speakers, or (b) whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker.

6. PUBLIC SAFETY REPORTS

7. CONSENT AGENDA

1. Minutes: (Supporting Docs)

Approve Minutes of April 22, 2014 City Commission Meeting

2. Travel Requests: (Agenda Request Item, Supporting Docs)

Request of Louise Stilson, City Clerk, to attend the 2014 FACC Summer Academy in Saint Augustine, Florida, on June 8-11, 2014 (Estimated cost $1,235.00)

3. RESOLUTION NO. 2014-033 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING CITY ADMINISTRATION TO RATIFY THE AGREEMENT WITH MANPOWER EMPLOYMENT SERVICES TO PROVIDE STAFFING AND OPERATING SERVICES FOR PIER ATTENDANTS IN AN AMOUNT NOT TO EXCEED $50,000.00 FOR FISCAL YEAR 2013-2014; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2014-034 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH, FLORIDA, TO ADDRESS A DRAINAGE RETENTION EASEMENT TO DISCHARGE AND STORE TREATED STORM WATER RUNOFF AT THE DANIA SALTMARSH TO BENEFIT WEST LAKE PARK, RELATING TO THE SOUTHEAST STORM WATER DRAINAGE PROJECT-PHASE II; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION NO. 2014-035 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT AMONG THE CITY OF DANIA BEACH, FLORIDA, THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY (THE "DBCRA") AND BROWARD COUNTY TO PROVIDE FOR PUBLIC IMPROVEMENTS (PUBLIC PARKING SPACES) WITHIN THE CITY AND CRA BOUNDARIES IN CONNECTION WITH A NEW MIXED-USE REDEVELOPMENT PROJECT REFERRED TO AS THE "MILE MARKER 55" PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

6. RESOLUTION NO. 2014-036 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING AND RATIFYING THE EXPENDITURE OF $10,034.61 OF AVAILABLE APPROPRIATED FUNDS TO EXTEND BUILDER'S RISK INSURANCE COVERAGE FOR THE MARINA IMPROVEMENT PROJECT CONSTRUCTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

7. RESOLUTION NO. 2014-037 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO UTILIZE AN amount of EIGHTY SEVEN THOUSAND THREE HUNDRED THIRTY-SEVEN DOLLARS AND THIRTEEN CENTS ($87,337.13) available IN the marina CONSTRUCTION PROJECT CONTINGENCY account TO FUND AN APPROVED SECOND CHANGE ORDER (ChanGE ORDER #2) FOR MARINA CONSTRUCTION AGREEMENT COST INCREASES WITH shoreline foundation, inc.; providing for conflicts; further, PROVIDING FOR AN EFFECTIVE DATE.

8. BIDS AND REQUESTS FOR PROPOSALS

9. PUBLIC HEARINGS

1. ORDINANCE NO. 2014-002 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY PAUL E. BREWER AND ASSOCIATES, INC., ON BEHALF OF THE PROPERTY OWNER, MILE MARKER 55, LLC, TO CREATE A PLAT (PL-55-13) TO BE KNOWN AS THE "MILE MARKER 55, LLC PLAT", FOR PROPERTY LOCATED AT 801 EAST DANIA BEACH BOULEVARD 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. (SECOND READING)

2. ORDINANCE NO. 2014-004 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND CHAPTER 28 OF THE "LAND DEVELOPMENT CODE" OF THE CITY'S CODE OF ORDINANCES BY AMENDING ARTICLE 105, "USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS", CONCERNING PERMITTED USES IN ZONING DISTRICTS AND PROVIDING FOR USE REGULATION; 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 215, "SUPPLEMENTAL REGULATIONS FOR YARDS, LOT COVERAGE, IMPERVIOUS AREA AND OPEN SPACE", CONCERNING SETBACKS; AMENDING ARTICLE 265, "OFF-STREET PARKING REQUIREMENTS", CONCERNING OFF-STREET PARKING REQUIREMENTS; AMENDING ARTICLE 302, "DETAILED USE REGULATIONS", REGARDING USE REGULATIONS IN MIXED-USE ZONING DISTRICTS; AMENDING ARTICLE 330, "COMMUNITY FACILITIES DISTRICT ("CF")", CONCERNING PERMITTED USES IN ZONING DISTRICTS AND PROVIDING FOR USE REGULATIONS; AMENDING ARTICLE 725, "DEFINITIONS", CONCERNING DEFINITIONS USED IN THE LAND DEVELOPMENT CODE; AMENDING ARTICLE 805, "CONCURRENCY DETERMINATIONS", REGARDING PROCEDURES FOR REQUIRED DEDICATION OF LAND FOR RECREATIONAL OR OPEN SPACE PURPOSES OR FOR A PAYMENT OF A FEE IN LIEU THEREOF; AMENDING ARTICLE 810, "IMPACT FEES", REGARDING REQUIREMENTS FOR PAYMENT OF RECREATIONAL AND OPEN SPACE IMPACT FEES; PROVIDING FOR AMENDMENTS THROUGHOUT CHAPTER 28, OF THE LAND DEVELOPMENT CODE, TO CORRECT SCRIVENER'S ERRORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

3. ORDINANCE NO. 2014-006 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE TEXT AMENDMENT REQUEST MADE BY Leigh R. Kerr, representing The Hertz Corporation, a Delaware Corporation (successor by merger to Hertz Realty Corporation) AND PORT 5 LTD c/o David Dix, Wallypark East Coast Regional Office, Orlando, FLORIDA, PROVIDING FOR AN AMENDMENT OF ARTICLE 115, ENTITLED "INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS OF USE" OF CHAPTER 28 "LAND DEVELOPMENT CODE" OF THE CODE OF ORDINANCES, TO ADD USES TO THE SCHEDULE OF PERMITTED USES IN THE INDUSTRIAL RESEARCH OFFICE (IRO) ZONING DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

10. DISCUSSION AND POSSIBLE ACTION

1. City Commission Vacancy - Commissioner Jones

11. COMMISSION COMMENTS

11.1 Commissioner Grace

11.2 Commissioner Jones

11.3 Vice-Mayor Brandimarte

11.4 Mayor Duke

12. APPOINTMENTS

1. Airport Advisory Board

Commission Vacancy - 3 appointments

2. Creative Arts Council Advisory Board

Commissioner Grace - 1 appointment