Agenda for December 9, 2014

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, DECEMBER 09, 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 Doctor G. Bernard Pope, First Bethel Baptist Church of Dania Beach

3. PRESENTATIONS AND SPECIAL EVENT APPROVALS

1. Special Event request for the Miami Dolphins "Dolphins Cycling Challenge" event, which will be escorted through the City of Dania Beach by the Florida Highway Patrol, on February 7, 2015. (Agenda Request Item, Supporting Docs)

2. Special Event request from TNT Fireworks for a "Return Center New Year's" event, which will be held at TNT Fireworks, 768 E. Dania Beach Boulevard, effective January 1, 2015 through January 3, 2015, from 9:00 a.m. to 5:00 p.m. daily. (Agenda Request Item, Supporting Docs)

4. PROCLAMATIONS

1. The Salvation Army's 150th Anniversary (Supporting Docs)

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 November 17, 2014 Organization Meeting

Approve Minutes of November 18, 2014 City Commission Meeting

2. Travel Requests: None

3. RESOLUTION NO. 2014-113 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ONE (1) NEW VAC-CON SEWER COMBINATION CLEANER BODY, FINAL MODEL NO. AFTER OPTIONS V312LHAE/1300, AND A 2015 FREIGHTLINER TRUCK ASSEMBLY FROM SOUTHERN SEWER EQUIPMENT SALES AND SERVICE, INC. IN THE AMOUNT OF THREE HUNDRED SEVENTY FOUR THOUSAND SIX HUNDRED EIGHTY SIX DOLLARS AND 70 CENTS ($374,686.70), USING THE PRICING UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT NO. 14-12-0904, SPECIFICATION NO. 47, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2014-114 (Agenda Request Item, Supporting Docs)

A Resolution of the City Commission of the City of Dania Beach, Florida, APPROVING THE APPROPRIATION AND USE OF FEDERAL LAW ENFORCEMENT TRUST FUNDS IN AN AMOUNT NOT TO EXCEED $7,000.00 FOR THE "AT RISK YOUTH SERVICES PROGRAM"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION NO. 2014-115 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ACCEPT AND EXECUTE A WATERWAY ASSISTANCE PROGRAM GRANT AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA, AND THE FLORIDA INLAND NAVIGATION DISTRICT ("F.I.N.D."), IN AN AMOUNT NOT TO EXCEED $617,495.00, TO BE USED FOR CONSTRUCTION OF THE DANIA BEACH MARINA IMPROVEMENTS - PHASE II; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

6. RESOLUTION NO. 2014-116 (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 ENGAGEMENT LETTER WITH CLD & ASSOCIATES, LLC, FOR CONSULTING SERVICES ON GOVERNMENTAL RELATED ISSUES OF CONCERN TO THE CITY OF DANIA BEACH AND FOR PREPARATION FOR THE 2015 FLORIDA LEGISLATIVE SESSION AND POST-SESSION FOLLOW-UP IN AN AMOUNT NOT TO EXCEED $36,000.00, BECOMING EFFECTIVE ON JANUARY 1, 2015 UP TO AND THROUGH DECEMBER 31, 2015; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

7. RESOLUTION NO. 2014-117 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ONE (1) NEW UNIT INDUSTRIAL BACKHOE LOADER FROM TREKKER GROUP BY USING THE PRICING UNDER THE FLORIDA STATE CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, IN THE AMOUNT OF EIGHTY SEVEN THOUSAND FOUR HUNDRED TWO DOLLARS AND 61 CENTS ($87,402.61); DECLARING CERTAIN EQUIPMENT OBSOLETE, SURPLUS, AND OF NO FURTHER USE TO THE CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. RESOLUTION NO. 2014-118 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE AND PROVIDE FOR THE PLACEMENT OF MULCH THROUGH FISCAL YEAR 2015, IN AN AMOUNT NOT TO EXCEED $67,500.00, FROM EAST COAST MULCH CORPORATION USING AVAILABLE PRICING FROM THE SOUTHEAST FLORIDA GOVERNMENTAL CO-OP GROUP REQUEST FOR PROPOSALS NUMBER T-36-13, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENTS FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. RESOLUTION NO. 2014-119 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE TWO (2) FORD F-150 VEHICLES FOR THE COMMUNITY DEVELOPMENT DEPARTMENT FROM DON REID FLEET SALES, USING THE PRICING UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; IN AN AMOUNT NOT TO EXCEED FORTY-TWO THOUSAND AND EIGHTY-NINE DOLLARS ($42,089.00), AND FURTHER DECLARING CERTAIN VEHICLES TO BE OBSOLETE, SURPLUS, AND OF NO FURTHER USE TO THE CITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. RESOLUTION NO. 2014-120 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ONE (1) CLAM SHELL TRUCK FROM LOU BACHRODT FREIGHTLINER, USING PRICING UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT NO. 14-22-0904, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED TWENTY NINE THOUSAND EIGHT HUNDRED THIRTY-SEVEN DOLLARS ($129,837.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

11. RESOLUTION NO. 2014-121 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SIDEWALK REPLACEMENT MATERIALS AND PROVIDING FOR THE INSTALLATION OF SIDEWALK CONSTRUCTION SERVICES, INCLUDING COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (THE "ADA") TO BE PERFORMED BY STRAIGHTLINE ENGINEERING GROUP, LLC, UNDER THE SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP ITB NO. 09-10-069, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENTS FOR BIDS, IN AN AMOUNT NOT TO EXCEED $160,000.00 IN FISCAL YEAR 2014-2015; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

12. RESOLUTION NO. 2014-122 (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 A FIRST RENEWAL OF THE AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND INSITE MARTIN OUTDOOR, LLC, FOR INSTALLATION AND MAINTENANCE OF THIRTY-FIVE (35) BUS BENCHES AND THE GUARANTEE OF REVENUE SHARE TO BE PAID TO THE CITY FOR EIGHT (8) BUS SHELTERS DURING THE TERM(S) OF THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

13. RESOLUTION NO. 2014-123 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING A PROVISION OF THE TIGERTAIL LAKE LEASE AND LICENSE AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND BROWARD COLLEGE PERTAINING TO FISHING IN THE LAKE; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. BIDS AND REQUESTS FOR PROPOSALS

9. PUBLIC HEARINGS

1. ORDINANCE NO. 2014-018 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY Pulice Land Surveyors, Inc., Agent on behalf of the property owners, LaWrence Turner, Jr., and Roberta Backus Turner, for THE "FLORIDA PARK PLAT" (PL-075-14), FOR property GENERALLY located east of S.E. 5th Avenue, west of Gulfstream Road and south of East Dania Beach Boulevard IN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT 'A', A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

2. ORDINANCE NO. 2015-001 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY MICHAEL VONDER MEULEN/KEITH AND ASSOCIATES, INC., AGENT FOR THE PROPERTY OWNER, BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS, TO REZONE PROPERTY LOCATED AT 4980 S.W. 40 AVENUE IN THE CITY OF DANIA BEACH, FLORIDA; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM GENERAL INDUSTRIAL ("IG") TO INDUSTRIAL, RESEARCH, OFFICE, COMMERCIAL ("IROC"), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

3. ORDINANCE NO. 2015-002 (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 HOME OCCUPATIONS; AMENDING ARTICLE 110, "USE REGULATIONS FOR COMMERCIAL AND MIXED-USE DISTRICTS", CONCERNING PERMITTED USES IN ZONING DISTRICTS; AMENDING ARTICLE 215, "SUPPLEMENTAL REGULATIONS FOR YARDS, LOT COVERAGE, IMPERVIOUS AREA AND OPEN SPACE", CONCERNING PERVIOUS AREA CREDITS; AMENDING ARTICLE 265, "OFF-STREET PARKING REQUIREMENTS", CONCERNING OFF-STREET PARKING REQUIREMENTS RELATED TO STRUCTURED PARKING FACILITIES; AMENDING ARTICLE 302, "DETAILED USE REGULATIONS", CONCERNING PERMITTED USES IN CERTAIN SPECIAL DISTRICTS; AND AMENDING ARTICLE 725, "DEFINITIONS", CONCERNING ATHLETIC CLUBS, STUDIOS, GREEN ROOFS AND ROOF GARDENS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

4. RESOLUTION NO. 2014-124 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR ASSIGNMENT OF FLEX ACREAGE SUBMITTED BY SCOTT BACKMAN, ESQUIRE, REPRESENTING PROPERTY OWNERS SAMUEL EDWARD GUMBEL AND LAURA MARIE GUMBEL, TRUSTEES OF THE GUMBEL REVOCABLE FAMILY TRUST DATED JUNE 18,1998, AND SARA DIANE FAVARATO AND ROBERT C. FAVARATO, TRUSTEES OF THE ROBERT C. FAVARATO AND SARAH DIANE FAVARATO LIVING TRUST DATED DECEMBER 17, 2012, FOR PROPERTY GENERALLY 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 RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. ORDINANCE NO. 2015-003 (Agenda Request Item, Supporting Docs)

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 OWNERS SAMUEL EDWARD GUMBEL AND LAURA MARIE GUMBEL, TRUSTEES OF THE GUMBEL REVOCABLE FAMILY TRUST DATED JUNE 18,1998, AND SARA DIANE FAVARATO AND ROBERT C. FAVARATO, TRUSTEES OF THE ROBERT C. FAVARATO AND SARAH DIANE FAVARATO LIVING TRUST DATED DECEMBER 17, 2012, 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)

6. ORDINANCE NO. 2015-004 (Agenda Request Item, Supporting Docs)

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 OWNERS, SAMUEL EDWARD GUMBEL AND LAURA MARIE GUMBEL, TRUSTEES OF THE GUMBEL REVOCABLE FAMILY TRUST DATED JUNE 18, 1998, AND SARAH DIANE FAVARATO AND ROBERT C. FAVARATO, TRUSTEES OF THE ROBERT C. FAVARATO AND SARAH DIANE FAVARATO LIVING TRUST DATED DECEMBER 17, 2012, 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)

7. RESOLUTION NO. 2014-125 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AMENDMENT OF A NOTATION ON THE "HOBAL" PLAT (PL-86-08MOD); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. DISCUSSION AND POSSIBLE ACTION

11. COMMISSION COMMENTS

11.1 Commissioner Brandimarte

11.2 Commissioner Duke

11.3 Commissioner Jones

11.4 Vice-Mayor Grace

11.5 Mayor Salvino

12. APPOINTMENTS

1. Airport Advisory Board (Supporting Docs)

Commissioner Brandimarte - 2 appointments

Commissioner Duke - 1 appointment

Mayor Salvino - 3 appointments

2. Creative Arts Council Advisory Board (Supporting Docs)

Mayor Salvino - 1 appointment

3. Dania Beach Housing Authority (Supporting Docs)

Mayor Salvino - 1 appointment

4. Education Advisory Board (Supporting Docs)

Commissioner Duke - 1 appointment

Mayor Salvino - 2 appointments

5. General Employees Pension Board (Supporting Docs)

1 Commission appointment to fill position through March 22, 2015

6. Green Advisory Board (Supporting Docs)

Mayor Salvino - 1 appointment

7. Marine Advisory Board (Supporting Docs)

Commissioner Duke - 1 appointment

Mayor Salvino - 3 appointments

8. Nuisance Abatement Board (Supporting Docs)

Commissioner Duke - 1 appointment

Commissioner Jones - 1 appointment

Mayor Salvino - 1 appointment

2 Alternate Positions

9. Parks, Recreation and Community Affairs Advisory Board (Supporting Docs)

Commissioner Duke - 1 appointment

Mayor Salvino - 2 appointments

10. Planning and Zoning Board (Supporting Docs)

Mayor Salvino - 1 appointment

13. ADMINISTRATIVE REPORTS

13.1 City Manager

13.2 City Attorney

13.3 City Clerk - Reminders

Wednesday, January 7, 2015 - 6:00 p.m. CRA Board Meeting

Tuesday, January 13, 2015 - 7:00 p.m. City Commission Meeting

Tuesday, January 27, 2015 - 7:00 p.m. City Commission Meeting

14. ADJOURNMENT