Agenda for August 24, 2010

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, AUGUST 24, 2010 - 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 REQUIRED. REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY PETITION OR ISSUE PURSUANT TO ORDINANCE # 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK’S OFFICE IN THE ADMINISTRATION CENTER.

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

3. PRESENTATIONS AND SPECIAL EVENT APPROVALS

1. Presentation by the Dania Beach Fire Department to the American Maritime Officers (AMO) for their sponsorship of the Annual Hollywood/Dania Beach Firefighters Recognition Banquet

2. Presentation of South Floridas first Smart Growth City Award to the City of Dania Beach and the Dania Beach Community Redevelopment Agency by the Smart Growth Partnership of South Florida

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 July 28, 2010 Special Meeting

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

Travel Request for Corinne Lajoie, AICP, Principal Planner Community Development Department, APA FLORIDA 2010 CONFERENCE - AICP CREDITS, Tampa Florida September 14 - 17, 2010.

3. RESOLUTION NO. 2010-141 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2009-197 TO AUTHORIZE THE PURCHASE OF A COMMERCIAL GRADE ICE MACHINE AS SUPPORTING EQUIPMENT IN THE CITY OF DANIA BEACH EMERGENCY OPERATIONS CENTER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO.2010-143 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXCUTE AN AGREEMENT WITH COASTAL CONTRACTING AND DEVELOPMENT, INC. FOR THE CONSTRUCTION OF CONCESSION STANDS AT C.W. THOMAS AND P.J. MELI PARKS IN AN AMOUNT NOT TO EXCEED $131,898.00; PROVIDING FOR CONFLICTS; FUTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION 2010-142 (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 AGREEMENT WITH CALVIN, GIORDANO AND ASSOCIATES, INC., FOR ENGINEERING DESIGN SERVICES FOR THE REPLACEMENT OF WATER MAINS IN CERTAIN AREAS OF US-1/MELALEUCA GARDENS WITHIN THE WATER FUND CAPITAL PROJECT, SUCH SERVICES NOT TO EXCEED ONE HUNDRED THIRTY FOUR THOUSAND SEVEN HUNDRED THIRTY TWO DOLLARS($134,732.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

6. RESOLUTION NO. 2010-144 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH BROWARD COUNTY THAT PROVIDES FOR FUNDING AND ADMINISTRATION OF THE BROWARD BOATING IMPROVEMENT PROGRAM GRANT FOR FISCAL YEAR 2010/2011 IN THE AMOUNT OF NINETY-SIX THOUSAND TWO HUNDRED FIFTY DOLLARS ($96,250.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

7. RESOLUTION NO. 2010-145 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH BROWARD COUNTY THAT PROVIDES FOR FUNDING AND ADMINISTRATION OF THE BROWARD COUNTY LAND STEWARDSHIP PROGRAM GRANT IN THE AMOUNT OF THIRTY-EIGHT THOUSAND EIGHT HUNDRED DOLLARS ($38,800.00) TO MAKE “GREEN” IMPROVEMENTS TO DANIA COVE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. RESOLUTION NO. 2010-146 (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 CHANGE ORDER FOR THE CITY OF DANIA BEACH PARKING STRUCTURE, TO INCREASE THE CONSTRUCTION COST TO ALLOW FOR THE CONSTRUCTION OF A CIRCULAR DRIVE ACCESS FOR A NET CONSTRUCTION COST INCREASE IN AN AMOUNT NOT TO EXCEED SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. RESOLUTION NO. 2010-147 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE FLORIDA ENERGY AND CLIMATE CONTROL COMMISSION THAT PROVIDES FOR FUNDING AND ADMINISTRATION OF THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM IN THE AMOUNT OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) TO PURCHASE AND INSTALL SOLAR POWERED STREET LIGHTING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. RESOLUTION NO. 2010-148 (Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH WESTREC MARINA MANAGEMENT, INC. FOR MANAGEMENT OF THE DANIA BEACH MARINA; PROVIDING FOR CONFLICTS; FURTHER,

PROVIDING FOR AN EFFECTIVE DATE.

11. ORDINANCE NO. 2010-019 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, IN ORDER TO PROVIDE FOR CONSISTENCY WITH THE CITY OF DANIA BEACH LAND DEVELOPMENT CODE, AS SEPARATELY ADOPTED AS THE CITY’S LAND DEVELOPMENT REGULATIONS; AMENDING ARTICLE IV “CODE ENFORCEMENT” OF CHAPTER 2 “ADMINISTRATION” FOR CONSISTENCY WITH THE LAND DEVELOPMENT CODE; AMENDING CHAPTER 2.5 “ADULT ENTERTAINMENT CODE”, ARTICLE I “IN GENERAL” CONCERNING DEFINITIONS RELATED TO LICENSING OF ADULT ENTERTAINMENT ESTABLISHMENTS; AMENDING CHAPTER 4 “ALCOHOLIC BEVERAGES,” ARTICLE I “IN GENERAL,” REGARDING REGULATIONS OF PROXIMITY OF ESTABLISHMENTS WHICH SELL ALCOHOLIC BEVERAGES; AMENDING CHAPTER 6 “BEACHES, PARKS AND RECREATION” TO RENAME THE CHAPTER AS “BEACHES, PARKS, WATERWAYS AND RECREATION” AND TO CREATE ARTICLE IV “REGULATION OF MARINE VEHICLES IN CITY WATERWAYS”; AMENDING CHAPTER 8 “BUILDINGS,” ARTICLE I “IN GENERAL” TO REPEAL CERTAIN SECTIONS OF THE ARTICLE RELATED TO SITE PLAN REQUIREMENTS AND BUILDING REGULATIONS, AND AMENDING ARTICLE II “PROPERTY STANDARDS” TO PROVIDE FOR CONSISTENCY WITH THE LANDSCAPE REGULATIONS OF ARTICLE 275 “LANDSCAPING REQUIREMENTS” OF THE LAND DEVELOPMENT CODE; REPEALING ARTICLE VII, “PAVING OF PRIVATE PROPERTY”, ARTICLE VIII, “EXCAVATIONS”, AND ARTICLE XII, “EMERGENCY GENERATORS” OF CHAPTER 8 “BUILDINGS” IN THEIR ENTIRETY; FURTHER AMENDING ARTICLE XIII, “STORM SHUTTER REGULATIONS” OF CHAPTER 8 “BUILDINGS” TO AMEND REQUIREMENTS FOR PLACEMENT OF STORM SHUTTERS; AMENDING CHAPTER 10 “COIN OPERATED DEVICES” TO AMEND THE DEFINITION OF “SKILL MACHINE” AND TO AMEND THE LICENSING PROCEDURE FOR COIN-OPERATED MACHINES; AMENDING CHAPTER 13 “HEALTH AND SANITATION”, ARTICLE IV “GARBAGE AND TRASH”; REPEALING CHAPTER 16, “MOBILE LIVING UNITS”, IN ITS ENTIRETY; AMENDING CHAPTER 17, “OFFENSES-MISCELLANEOUS”, ARTICLE I “IN GENERAL” REGARDING PROCEDURES FOR ENFORCEMENT AND PROSECUTION OF VIOLATIONS OF THE CODE OF ORDINANCES; REPEALING CHAPTER 19, “PLANNING AND DEVELOPMENT”, IN ITS ENTIRETY; AMENDING CHAPTER 21 “SALES AND AUCTIONS”, ARTICLE III “GARAGE SALES” TO AMEND THE REQUIREMENTS FOR GARAGE SALE PERMITS AND FEES; REPEALING CHAPTER 24, “THEATERS” IN ITS ENTIRETY; AMENDING CHAPTER 25 “TRAFFIC” TO RENAME DIVISION 6 “COMMERCIAL AND RECREATIONAL VEHICLES” TO “TAXIS, BUSSES AND OTHER COMMON CARRIERS”, AND REPEALING CERTAIN SECTIONS RELATED TO TRAFFIC REGULATION, TO PROVIDE FOR CONSISTENCY WITH THE LAND DEVELOPMENT CODE; REPEALING CHAPTER 26, “VEGETATION” IN ITS ENTIRETY; REPEALING ARTICLE VI “SEWER SUBDIVISION REGULATIONS” OF CHAPTER 27 “WATER AND SEWERS”; REPEALING CHAPTER 28 “ZONING”, IN ITS ENTIRETY; REPEALING CHAPTER 29 “LAND DEVELOPMENT”, IN ITS ENTIRETY; REPEALING CHAPTER 33 “ZONING APPENDIX”, IN ITS ENTIRETY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

8. BIDS AND REQUESTS FOR PROPOSALS

9. PUBLIC HEARINGS

1. ORDINANCE-2010-020 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR THE ADOPTION OF THE LAND DEVELOPMENT CODE OF THE CITY OF DANIA BEACH, FLORIDA IN ACCORDANCE WITH SECTION 163.3194, FLORIDA STATUTES, AND ALSO PROVIDING FOR THE ADOPTION OF THE AMENDED OFFICIAL ZONING MAP OF THE CITY; PROVIDING FOR THE CREATION OF ZONING DISTRICTS AND CATEGORIES; PROVIDING FOR CHANGES TO THE REGULATIONS OF PERMITTED, CONDITIONAL, AND PROHIBITED USES IN ALL ZONING DISTRICTS; PROVIDING FOR REGULATIONS OF DEVELOPMENT AND REDEVELOPMENT OF ALL STRUCTURES AND USES IN ALL ZONING DISTRICTS; PROVIDING FOR DEFINITIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

2. RESOLUTION NO. 2010-137 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY VINCENT PYLE, OWNER OF THE DANIANS SHOPPING CENTER, REPRESENTING JOSEFA SANCHEZ, OF EXQUISITE OCCASIONS INC. A/K/A STARLITE LLC, TO ALLOW A BANQUET HALL FACILITY AS A SPECIAL EXCEPTION USE IN THE “TOC-1” (TRANSIT ORIENTED CORRIDOR) ZONING DISTRICT FOR PROPERTY LOCATED AT 601-603 EAST DANIA BEACH BOULEVARD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

3. RESOLUTION NO. 2010-139 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A MODIFICATION OF THE SPECIAL EXCEPTION REQUEST APPROVED BY RESOLUTION NO 2010-005 ADOPTED JANUARY 12, 2010, TO DELETE A CONDITION TO THE SPECIAL EXCEPTION REQUESTED BY PIER BALLESTEROS WITH T-MOBILE PERTAINING TO INSTALLATION OF A NEW 100 FOOT TELECOMMUNICATION TOWER ON THE NORTHEAST SIDE OF PROPERTY GENERALLY LOCATED SOUTH OF 3251 S.W. 26TH TERRACE IN THE CITY OF DANIA BEACH IN AN IROM (INDUSTRIAL RESEARCH OFFICE MARINE) ZONING DISTRICT, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2010-127 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY CHARLES GUSMANO, PRESIDENT OF BCA HOLDING CORPORATION, A FLORIDA CORPORATION, AND GENERAL PARTNER OF SOUTHERN WASTE SYSTEMS LTD., A FLORIDA LIMITED PARTNERSHIP, FOR APPROVAL OF A MODIFICATION OF RESTRICTIVE COVENANT FOR PROPERTY LOCATED AT THE 3200 BLOCK OF SOUTHWEST 26TH TERRACE, DANIA BEACH, FLORIDA. PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION 2010-138 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE AGREEMENT WITH THE SOUTH FLORIDA REGIONAL TRANSIT AUTHORITY (SFRTA) RELATING TO THE GRANTING OF NEW EASEMENTS AND THE ABANDONMENT OF AN EXISTING EASEMENT GENERALLY LOCATED AT 540 GULFSTREAM WAY, DANIA BEACH, FLORIDA, WHICH SERVES THE TRI-RAIL DANIA BEACH PARK-N-RIDE PARKING GARAGE FACILITY; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. DISCUSSION AND POSSIBLE ACTION

1. Substitution of Agreement (Exhibit A) to Resolution #2010-081 pertaining to the restriction of residential development in the areas of the Regional Activity Center that fall within the Airport's 60 DNL (and above) noise contours. (Agenda Request Item, Supporting Docs)

11. COMMISSION COMMENTS

11.1 Commissioner Anton

11.2 Commissioner Duke

11.3 Commissioner Grace

11.4 Vice-Mayor Castro

11.5 Mayor McElyea

12. APPOINTMENTS

13. ADMINISTRATIVE REPORTS

13.1 City Manager

13.2 City Attorney

13.3 City Clerk - Reminders

Saturday, August 28, 2010 - 9:00 a.m. Budget Workshop

Wednesday, September 1, 2010 - 6:00 p.m. CRA Board Meeting

Monday, September 13, 2010 - 7:00 p.m. First Public Hearing FY 2010-2011 Budget

Tuesday, September 14, 2010 - 7:00 p.m. City Commission Meeting

Thursday, September 16, 2010 - 6:00 p.m. Abatement Hearing

Thursday, September 23, 2010 - 7:00 p.m. Second Public Hearing FY 2010-2011 Budget

Tuesday, September 28, 2010 - 7:00 p.m. City Commission Meeting

14. ADJOURNMENT