Agenda for May 27, 2014

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, MAY 27, 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. Pastor Juan Cuevas, Maranatha Ministries

3. PRESENTATIONS AND SPECIAL EVENT APPROVALS

1. 2014 Comprehensive Emergency Management Plan (CEMP) - Battalion Chief Sean Brown, BSO Fire Marshall's Office

2. Special Event request from the American Cancer Society to have a "Relay for Life Car Show", to be held on June 7, 2014, in the Dania Beach Jai Alai parking lot from 10:00 a.m. - 8:00 p.m. The applicant is requesting a special event fee waiver of $150.00. (Agenda Request Item, Supporting Docs)

3. Special Event request from Neptune Fireworks to have a "Fireworks Sale", at 768 E. Dania Beach Boulevard, from June 6 - July 12, 2014, from 9:00 a.m. - 9:00 p.m. (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 May 13, 2014 City Commission Meeting

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

Request from Eleanor Norena, Permitting Office Supervisor in Community Development, to attend the Certified Floodplain Managers (CFM) Training & Exam in Key Largo, Florida, on August 25-29, 2014 (Estimated cost $1,075.98)

3. RESOLUTION NO. 2014-038 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE APPROPRIATION OF FUNDS FOR FISCAL YEAR 2013-2014, RELATING TO MID-YEAR REVIEW BY CITY ADMINISTRATION, INCLUDING ADJUSTMENTS PERTAINING TO UTILITY SERVICE WORKER AND METER READING STAFF; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2014-039 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO PURCHASE AN ADDITIONAL FIVE (5) PARKING METERS FOR USE BY THE PARKING ENFORCEMENT DIVISION FROM HARRINGTON RESOURCES, INC. D/B/A PARKER SYSTEMS, USING AVAILABLE COMPETITIVE PRICING PROVIDED UNDER A LEE COUNTY CONTRACT AWARDED ON AUGUST 1, 2013, RESULTING FROM BID NUMBER IFB130392; AUTHORIZING ACCEPTANCE OF A LOWER METER PER-UNIT PRICE; WAIVING COMPETITIVE BIDDING AND AUTHORIZING CITY OFFICIALS TO PROCEED WITHOUT ADVERTISEMENT FOR BIDS IN AN AMOUNT NOT TO EXCEED SIXTY-THREE THOUSAND FIVE HUNDRED NINETY-FIVE DOLLARS ($63,595.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION NO. 2014-040 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION BY THE PROPER CITY OFFICIALS OF THE 2014 AMENDMENT TO AN INTERLOCAL AGREEMENT EXISTING BETWEEN BROWARD COUNTY, FLORIDA AND THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL THREE (3) CENT LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

6. RESOLUTION NO. 2014-041 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION BY THE PROPER CITY OFFICIALS OF THE 2014 AMENDMENT TO AN INTERLOCAL AGREEMENT EXISTING BETWEEN BROWARD COUNTY, FLORIDA AND THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE SIX (6) CENT LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

7. RESOLUTION NO. 2014-042 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE EXECUTION BY THE PROPER CITY OFFICIALS OF THE 2014 AMENDMENT TO AN INTERLOCAL AGREEMENT EXISTING BETWEEN BROWARD COUNTY, FLORIDA AND THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE BROWARD COUNTY ADDITIONAL FIVE (5) CENT LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. RESOLUTION NO. 2014-043 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PURCHASE OF INSURANCE FOR THE NEW MARINA DOCKS; AUTHORIZING THE PAYMENT IN AN AMOUNT NOT TO EXCEED $63,003.54 AND AUTHORIZING THE PROPER CITY OFFICIALS TO SECURE COVERAGE FOR THE NEW MARINA DOCKS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. RESOLUTION NO. 2014-044 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING APPROVAL OF AN ASSIGNMENT OF THE CONTROLLING INTEREST IN THE DANIA BEACH GRILL, INC., A FLORIDA CORPORATION TO LAURIE BARTH, AN INDIVIDUAL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. ORDINANCE NO. 2014-008 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 5, ENTITLED "ANIMALS AND FOWL" OF THE CITY CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, BY CREATING SECTION 5-14, TO BE ENTITLED "RETAIL SALE OF DOGS AND CATS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

8. BIDS AND REQUESTS FOR PROPOSALS

9. PUBLIC HEARINGS

1. 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. (SECOND READING)

2. 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; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

3. ORDINANCE NO. 2014-005 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND THE LAND DEVELOPMENT CODE BY AMENDING ARTICLE 810 "IMPACT FEES" TO PROVIDE FOR ADOPTION OF A MITIGATION FEE PROGRAM ASSOCIATED WITH THE MITIGATION OF TRAFFIC IMPACTS ASSOCIATED WITH THE MODIFICATION OF PERMITTED USES WITHIN THE AREA DESIGNATED AS THE DANIA BEACH REGIONAL ACTIVITY CENTER ("RAC") BY THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN, AS OUTLINED IN THE BROWARD COUNTY LONG RANGE TRANSPORTATION PLAN ("LRTP"); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

4. ORDINANCE NO. 2014-007 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES TO REPEAL CHAPTER 12, ENTITLED "FLOOD DAMAGE PREVENTION" AND ADOPTING A NEW CHAPTER 12, ENTITLED "FLOOD DAMAGE PREVENTION"; ADOPTING FLOOD HAZARD MAPS, DESIGNATING A FLOODPLAIN ADMINISTRATOR; ADOPTING PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

10. DISCUSSION AND POSSIBLE ACTION

1. City Commission Meeting Schedule (Supporting Docs)

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