Agenda for April 28, 2009

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, APRIL 28, 2009 7:00 PM

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.

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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.

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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.

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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.

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1. CALL TO ORDER/ROLL CALL

2. INVOCATION AND PLEDGE OF ALLEGIANCE

Bishop Victor T. Curry, St. Ruth Missionary Baptist Church

3. PRESENTATIONS AND SPECIAL EVENT APPROVALS

1. Broward County Commissioner John Rodstrom presentation of $2,334,200.00 check for the City of Dania Beach and CRA redevelopment efforts.

2. Presentation of the Dania Beach Library Proposals

· Stephenson Construction

· Pirtle Construction

· Walker Construction/Kenneth Carlson Architects

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. RESOLUTION NO. 2009-061 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING TO THE AWARD OF A CONTRACT TO MOLLOY BROS. INC., A FLORIDA CORPORATION, FOR DRAINAGE SYSTEM REPAIRS ASSOCIATED WITH THE MEADOWBROOK CONDOMINIUM, PHASES IV AND V, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS, FOR A SUM NOT TO EXCEED $54,115.27; PROVIDING FOR FUNDING; FURTHER, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO FUNDING AGREEMENTS WITH THE TWO ASSOCIATIONS FOR PHASES IV AND V, PERTAINING TO THE REPAIR WORK; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from April 14, 2009)

2. RESOLUTION NO. 2009-053 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, GRANTING AN ACCESS EASEMENT TO STIRLING DESIGN LIMITED PARTNERSHIP FOR PROPERTY LOCATED ON STIRLING ROAD, ADJACENT TO THE CITY PUBLIC SERVICES COMPOUND TO ACCOMMODATE REDEVELOPMENT BY STIRLING DESIGN LIMITED PARTNERSHIP; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from April 14, 2009)

3. RESOLUTION NO.2009-068 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR FUND TRANSFERS AND APPROPRIATION OF FUNDS FOR FISCAL YEAR 2008-2009 AS A MID-YEAR BUDGET AMENDMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2009-065 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, SETTING DEPOSIT REQUIREMENTS AND APPLICATION FEES FOR ESTABLISHING WATER AND SEWER SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION NO. 2009-069 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING APPLICATION FEES AND THE REQUIREMENT OF DEPOSIT FOR MARINA RENTALS AT THE DANIA BEACH MARINA FOR ALL LEASES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

6. RESOLUTION NO. 2009-070 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN DEANNA ENTERPRISES, d/b/a A1A EMPLOYMENT OF MIAMI AND THE CITY OF DANIA BEACH TO PROVIDE SUMMER RECREATION PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO, ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION MANAGEMENT FOR AN AMOUNT NOT TO EXCEED $33,696.00; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH DEANNA ENTERPRISES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

7. RESOLUTION NO. 2009-071 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE EXECUTION OF THE FOURTH AMENDMENT OF THE PUBLIC TRANSPORTATION SERVICES AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH FOR PUBLIC TRANSPORTATION SERVICES FOR A TERM EXTENDING TO SEPTEMBER 30, 2009; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. RESOLUTION NO. 2009-062 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE AGREEMENT EXISTING BETWEEN LEIGH ROBINSON KERR & ASSOCIATES, INC. AND THE CITY OF DANIA BEACH RELATING TO LAND PLANNING CONSULTANT SERVICES INVOLVING THE TRANSPORTATION, CAPITAL IMPROVEMENT AND PUBLIC SCHOOL FACILITY ELEMENTS AND THE WATER SUPPLY PLAN OF THE CITY OF DANIA BEACH COMPREHENSIVE PLAN, EVALUATION AND APPRAISAL REPORT (“EAR”) AND GENERAL PLANNING SERVICES, SUCH AMENDMENT TO PROVIDE FOR ADDITIONAL REQUIRED COMPREHENSIVE PLAN UPDATE SERVICES IN AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND DOLLARS ($15,000.00), SUCH PURCHASE TO BE MADE WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. RESOLUTION NO. 2009-064 (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 EXTENSION FOR A JOINT PARTICIPATION AGREEMENT EXISTING BETWEEN THE CITY AND BROWARD COUNTY PERTAINING TO USE BY CITY RESIDENTS OF BROWARD COUNTY RESIDENTIAL TRASH TRANSFER STATIONS FOR PRE-HURRICANE RESIDENTIAL YARD WASTE DISPOSAL; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE.

10. RESOLUTION NO. 2009-075 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR A BOUNDARY CHANGE FOR THE CITY ENTERPRISE ZONE TO THE BOARD OF THE FORT LAUDERDALE-BROWARD COUNTY-CITY OF LAUDERHILL-CITY OF DANIA BEACH ENTERPRISE ZONE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE

11. RESOLUTION NO. 2009-074 (Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING CITY OFFICIALS TO APPLY FOR FEDERAL FUNDING ASSOCIATED WITH THE SURFACE TRANSPORTATION REAUTHORIZATION HIGH PRIORITY PROJECT; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

12. RESOLUTION NO. 2009-076 (Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING A TRANSIENT VESSEL RENTAL RATE AT THE DANIA BEACH MARINA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

13. ORDINANCE NO. 2009-008 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST MADE BY JOHN M. MILLEDGE, ESQUIRE, REPRESENTING JOHN T. LOOS, MANAGING MEMBER OF BANYAN BAY MARINE CENTER, LLC, TO REZONE PROPERTY GENERALLY LOCATED AT 4491 RAVENSWOOD ROAD, 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 R1-C (RESIDENTIAL), TO C-4 (COMMERCIAL) WITH THE ASSIGNMENT OF 2.35 ACRES OF RESIDENTIAL TO COMMERCIAL LAND USE FLEX; SUBJECT TO CERTAIN RESTRICTIONS; 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 NO. 2008-013 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY OF DANIA BEACH CITY COMMISSION AMENDING THE CITY OF DANIA BEACH’S COMPREHENSIVE PLAN TO ADOPT A WATER SUPPLY PLAN BY AMENDING THE TEXT OF THE SANITARY SEWER, SOLID WASTE, POTABLE WATER, NATURAL GROUND AQUIFER RECHARGE ELEMENT (THE “INFRASTRUCTURE ELEMENT”), CONSERVATION ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, AND CAPITAL IMPROVEMENT ELEMENT; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND ALL OTHER UNITS OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCIES REQUIRED BY LAW; PROVIDING FOR ADOPTION PURSUANT TO SECTIONS 163.3184 AND 163.3187, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (ADOPTION STAGE)

2. RESOLUTION NO. 2009-063 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, INVOKING ZONING IN PROGRESS; DECLARING THAT THE CITY IS CONSIDERING AMENDING ITS LAND DEVELOPMENT REGULATIONS TO REGULATE MEDICAL OFFICE USES THAT DISPENSE ON-SITE CONTROLLED SUBSTANCES TO A PATIENT; PROVIDING DEFINITIONS; PROVIDING SUPPLEMENTAL REGULATIONS; PROVIDING FOR POSTING OF NOTICE; PROVIDING FOR CONFLICTS; AND FURTHER PROVIDING FOR AN EFFECTIVE DATE.

3. RESOLUTION NO. 2009-066 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY WILLIAM B. BIGGER III, CCIM, FROM CHAPTER 28, “ZONING” ARTICLE 28.120, SIGN RESTRICTIONS FOR INDUSTRIAL AREAS FOR PROPERTY LOCATED AT 2541 STATE ROAD 84, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2009-067 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY YOLANDA GERNANT FROM CHAPTER 28, “ZONING”, ARTICLE 4, “SCHEDULE OF LOT, YARD AND BULK REGULATIONS”, FOR PROPERTY LOCATED AT 2740 SW 46 COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. DISCUSSION AND POSSIBLE ACTION

1. Discussion of Saltwater Intrusion Model -Dominic Orlando, Public Services Director (Supporting Docs)

2. Changes to make Code Compliance more Citizen Friendly - Assistant City Manager Donnelly (Supporting Docs)

11. COMMISSION COMMENTS

11.1 Commissioner Anton

11.2 Commissioner Duke

11.3 Commissioner Jones

11.4 Vice-Mayor McElyea

11.5 Mayor Castro

12. APPOINTMENTS

1. Airport Advisory Board (15 Members - 3 per Commissioner - 2 Year Term)

Commissioner Duke - 3 appointments

Vice-Mayor McElyea - 3 appointments

2. Grant Advisory Board (5 Members - 1 per Commissioner - Term consistent with the duration of the term of the appointing Commissioner)

Commissioner Duke - 1 appointment

Vice- Mayor McElyea - 1 appointment

Mayor Castro - 1 appointment

3. Green Advisory Board (5 Members - 1 per Commissioner - Term consistent with the duration of the term of the appointing Commissioner)

Vice-Mayor McElyea - 1 appointment

4. Human Relations Board (10 Members - 2 per Commissioner - 2 Year Term)

Commissioner Anton - 2 appointments

Commissioner Duke - 2 appointments

Vice-Mayor McElyea - 2 appointments

Mayor Castro - 2 appointments

5. I.T. Parker Community Center Advisory Board (5 Regular Members and 1 Alternate Member - 1 per Commissioner - 2 Year Term)

Commissioner Anton - 1 appointment

Commissioner Duke - 1 appointment

Commissioner Jones - 1 appointment

Vice-Mayor McElyea - 1 appointment

Mayor Castro - 1 appointment

1 Alternate Member

6. Marine Advisory Board (15 Members - 3 per Commissioner - 2 Year Term)

Commissioner Duke - 1 appointment

Commissioner Jones - 1 appointment

Mayor Castro - 2 appointments

7. Nuisance Abatement Board (5 Regular Members and 2 Alternate Members - 1 per Commissioner - Alternates by entire Commission - 2 Year Term)

Commissioner Duke - 1 appointment

Commissioner Jones - 1 appointment

Mayor Castro - 1 appointment

2 Alternate Members

8. Parks, Recreation and Community Affairs Advisory Board (10 Members - 1 per Commissioner - 2 Year Term)

Commissioner Duke - 1 appointment

Mayor Castro - 1 appointment

9. Unsafe Structures Board (9 Members - 3 Year Term)

1 Attorney

1 Plumbing Contractor

1 Real Estate Property Manager

13. ADMINISTRATIVE REPORTS

13.1 City Manager

13.2 City Attorney

13.3 City Clerk - Reminders

Wednesday, May 6, 2009 - 6:00 p.m. CRA Board Regular Meeting

Tuesday, May 12, 2009 - 7:00 p.m. City Commission Meeting

Thursday, May 21, 2009 - 6:00 p.m. Abatement Hearing

Tuesday, May 26, 2009 - 7:00 p.m. City Commission Meeting

14. ADJOURNMENT