Agenda for May 12, 2009

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, MAY 12, 2009 - 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. Broward County Commissioner John Rodstrom presentation of $2,334,200.00 check for the City of Dania Beach and CRA redevelopment efforts. (Continued from April 28, 2009)

2. Kristen Jones, Director of Parks and Recreation, Presentation for July 4, 2009 Celebration.

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 from April 14, 2009 City Commission meeting

Approve minutes from April 28, 2009 Pre-Budget Workshop

2. Travel Requests:

Request of Nick Lupo, Code Compliance Manager, to attend the F.A.C.E. Conference and Educational Seminar on June 17-20, 2009 in Naples, Florida for certification purposes. (Estimated cost $879.80; remaining balance $533.00)

RESOLUTIONS

3. RESOLUTION NO. 2009-084 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2009 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2009-085 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2009 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS OF THE LOCAL OPTION GAS TAX (THREE CENTS) IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION NO. 2009-086 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE 2009 AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH; PROVIDING FOR DIVISION AND DISTRIBUTION OF THE PROCEEDS FROM THE FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

6. 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 and April 28, 2009)

7. RE-ADOPTION OF RESOLUTION NO. 2009-048 (Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, INITIATING AND PROCEEDING WITH THE FLORIDA GOVERNMENT AND CONFLICT RESOLUTION ACT (SECTIONS 164.101-164.1061, FLORIDA STATUTES), PERTAINING TO THE CONSTRUCTION BY BROWARD COUNTY OF THE PROPOSED EXPANSION OF RUNWAY 9R/27L AT THE FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT AND THE PROPOSED BROWARD COUNTY NOISE MITIGATION PILOT PROGRAM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Previously adopted on March 24, 2009)

8. RESOLUTION NO. 2009-080 (Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ENCOURAGING DEVELOPMENT AND REDEVELOPMENT CONSISTENT WITH FORM-BASED DEVELOPMENT GUIDELINES ATTACHED AS EXHIBIT "A", IN ORDER TO IMPLEMENT THE PHYSICAL FORM AND LAND DEVELOPMENT POLICY RECOMMENDATIONS OF THE ADOPTED COMMUNITY REDEVELOPMENT AREA (CRA) PLAN; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. RESOLUTION NO. 2009-082 (Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SECOND AMENDMENT TO THE APRIL 23, 1999 LEASE AND EASEMENT AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND THE SOUTH FLORIDA REGIONAL TRANSPORTATION AUTHORITY, WHICH PERTAINS TO THE CONSTRUCTION OF A PARKING DECK TO SERVE THE SFRTA (FORMERLY TRI-RAIL) PASSENGER RAIL STATION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. RESOLUTION NO. 2009-089 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING EXECUTION OF AMENDMENT #3 TO THE LOAN AGREEMENT EXISTING BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE LIFT STATION REHAB/UPGRADE PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AMENDMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE.

11. RESOLUTION NO. 2009-088 (Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A 2009-2010 21^ST CENTURY LEARNING CENTER GRANT FROM THE FLORIDA DEPARTMENT OF EDUCATION, TO PROVIDE FUNDING FOR AN AFTER SCHOOL TUTORING AND SUMMER CAMP PROGRAM IN THE APPROXIMATE AMOUNT OF $350,000.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE APPLICATION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. BIDS AND REQUESTS FOR PROPOSALS

1. RESOLUTION NO. 2009-087 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING THE REQUEST FOR PROPOSAL FOR PROVIDING AND MONITORING OF FIREWALL SERVICES FOR THE CITY OF DANIA BEACH TO LATIS NETWORKS, INC. AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE COMPANY FOR SUCH SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

2. RESOLUTION NO. 2009-090 (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 COASTAL CONTRACTING INC. FOR RENOVATION OF THE C.W. THOMAS PARK OUTDOOR RESTROOM PROJECT IN AN AMOUNT NOT TO EXCEED $35,000.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING, FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. PUBLIC HEARINGS

1. ORDINANCE NO. 2009-006 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES; AMENDING CHAPTER 28, “ZONING,” BY CREATING SECTION 21.22 ENTITLED “DESIGN VARIATIONS” TO ENCOURAGE DEVELOPMENT THAT IS CONSISTENT WITH THE RECOMMENDATIONS OF THE ADOPTED COMMUNITY REDEVELOPMENT AREA PLAN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Continued from April 14, 2009)

2. RESOLUTION NO. 2009-079 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY PEDRO GARCIA, OWNER, FOR AN EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON JUNE 10, 2008 AND EXPIRES ON JUNE 10, 2009) RELATING TO THE APPROVALS OF VARIANCE VA-55-07 BY RESOLUTION NO. 2008-099 AND THE SITE PLAN REQUEST SP-86-06 BY RESOLUTION NO. 2008-100, FOR PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF GRIFFIN ROAD AND RAVENSWOOD ROAD (ANGLERS AVENUE), IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

3. RESOLUTION NO. 2009-078 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR MODIFICATIONS TO SITE PLAN SP-08-08, APPROVED BY RESOLUTION 2008-142 ON AUGUST 26, 2008, SUBMITTED BY COURTNEY CRUSH, ATTORNEY WITH THE FIRM CRUSH LAW, P.A., REPRESENTING THE OWNER JAY PATEL, FOR PROPERTY LOCATED AT 205 NORTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2009-083 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR AN EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG), A FORMULA GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE, TO PROVIDE FUNDING FOR CRIME PREVENTION PROGRAMS IN THE AMOUNT OF $111,323.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE APPLICATION; AUTHORIZING THE ACCEPTANCE AND, IF AWARDED, EXECUTION OF THE GRANT AGREEMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION NO. 2009-081 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REVISING A PROPOSED AMENDMENT TO THE TEXT OF THE FUTURE LAND USE ELEMENT OF THE DANIA BEACH COMPREHENSIVE PLAN AND THE BROWARD COUNTY LAND USE PLAN TO CREATE AND MAP A DANIA BACH REGIONAL ACTIVITY CENTER ("RAC") LAND USE CLASSIFICATION, IN ORDER TO REVISE CERTAIN TECHNICAL CRITERIA FOR REVIEW OF THE RAC WITHOUT INCREASING THE AMOUNT OF PROPOSED DEVELOPMENT OR CHANGING THE PROPOSED BOUNDARY; PROVIDING THAT THIS RESOLUTION SHALL BE FORWARDED TOT HE BROWARD COUNTY PLANNING COUNCIL, BROWARD COUNTY BOARD OF COMMISSIONERS, AND THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AUTHORIZING THE CONCURRENT TRANSMITTAL OF THE CITY AND COUNTY AMENDMENTS TO STATE AGENCIES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. DISCUSSION AND POSSIBLE ACTION

1. Discussion of Yard Sales - Commissioner Anton

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 - 1 appointment

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

Commissioner Duke - 1 appointment

Commissioner Jones - 1 appointment

Mayor Castro - 2 appointments

5. 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

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

1 Attorney - Harry Hippler

1 Plumbing Contractor - Andy Greene

1 Real Estate Property Manager - Patty Hart

13. ADMINISTRATIVE REPORTS

13.1 City Manager

13.2 City Attorney

13.3 City Clerk - Reminders

Thursday, May 14, 2009 - 6:00 p.m. CRA Board Special Meeting

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

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

14. ADJOURNMENT