Agenda for August 11, 2009

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, AUGUST 11, 2009 - 7:00 P.M.

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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

Father Roger Holoubek, St. Maurice Catholic Church

3. PRESENTATIONS AND SPECIAL EVENT APPROVALS

1. Dania Beach Paul DeMaio Library Presentation

2. Special Event Request for the Health and Wellness Fair - August 22, 2009 (8:30am to 1:00pm) at 2340 Griffin Road (Supporting Docs)

4. PROCLAMATIONS

1. Firefighter Appreciation Month (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 from July 28, 2009 City Commission Meeting

Approve minutes from July 29, 2009 Special Meeting

2. Travel Requests:

3. RESOLUTION NO. 2009-143 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE APPLICATION OF THE CITY OF HOLLYWOOD FOR A REGIONAL ACTIVITY CENTER AMENDMENT, PC 05-1 AND PCT 05-1; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2009-149 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, CONFIRMING THAT THE DEVELOPMENT OF A CHARTER SCHOOL WITH A MARINE, AUTOMOTIVE AND AVIATION INDUSTRY EMPHASIS IS CONSISTENT WITH LOCAL PLANS AND REGULATIONS, INCLUDING THE CITY OF DANIA BEACH COMPREHENSIVE PLAN; AND SUPPORTING AN APPLICATION TO THE STATE OF FLORIDA FOR APPROVAL OF COMMUNITY CONTRIBUTION TAX CREDIT PROJECTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION NO. 2009-150 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ENGINEERING SERVICES FROM CALVIN, GIORDANO AND ASSOCIATES RELATING TO THE DANIA BEACH FORCE MAIN SUBAQUEOUS CROSSING PROJECT, AT A COST WHICH SHALL NOT EXCEED THIRTY-TWO THOUSAND FIVE HUNDRED THIRTY FIVE DOLLARS ($32,535.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

6. RESOLUTION NO. 2009-151 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ENGINEERING SERVICES FROM CALVIN, GIORDANO AND ASSOCIATES, INC. RELATING TO THE DANIA BEACH WATER MAIN SUBAQUEOUS CROSSING PROJECT, AT A COST WHICH SHALL NOT EXCEED FORTY-THREE THOUSAND FIVE HUNDRED TWENTY DOLLARS ($43,520.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

7. RESOLUTION NO. 2009-152 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THE RHODES INSURANCE GROUP AS HEALTH CARE CONSULTANT FOR AN AMOUNT NOT TO EXCEED $18,000.00 FOR FISCAL YEAR 2009-2010; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. RESOLUTION NO. 2009-153 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO RENEW AN AGREEMENT WITH AVMED HEALTH PLANS TO PROVIDE A SELF-FUNDED OPEN ACCESS POINT OF SERVICE ("POS") PLAN TO ELIGIBLE EMPLOYEES, RETIREES OR BOTH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. RESOLUTION NO. 2009-154 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO RENEW AN AGREEMENT WITH THE MAXON COMPANIES TO PROVIDE CLAIMS ADMINISTRATION FOR A SELF-FUNDED DENTAL, VISION AND DISABILITY PLAN TO ELIGIBLE EMPLOYEES AND RETIREES, AND TO INCLUDE IN THIS AGREEMENT ACCESS TO A DENTAL PREFERRED PROVIDER ORGANIZATION NETWORK, IN AN AMOUNT NOT TO EXCEED $11,800.00 FOR FISCAL YEAR 2009-2010; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. BIDS AND REQUESTS FOR PROPOSALS

9. PUBLIC HEARINGS

1. ORDINANCE NO. 2009-012 (Supporting Docs)

AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATING TO THE POLICE AND FIREFIGHTERS' RETIREMENT SYSTEM; AMENDING SECTION 18-46, PROVIDING FOR FOUR YEAR TERM LIMITS; AMENDING SECTIONS 18-43, 18-47 AND 18-48 IN COMPLIANCE WITH CHAPTER 2009-97, LAWS OF FLORIDA; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

2. ORDINANCE NO. 2009-014 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 23-11 OF THE CITY CODE OF ORDINANCES, WHICH SECTION PERTAINS TO THE CITY UTILITY TAX LEVIED UPON THE PURCHASE IN THE CITY OF ELECTRICITY, METERED OR BOTTLED GAS AND WATER, TO CLARIFY THAT EACH SELLER OF THE COMMODITIES SHALL ACT AS THE COLLECTION MEDIUM AND AGENCY FOR THE COLLECTION OF THE TAX FROM THE PURCHASERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

3. ORDINANCE NO. 2009-013 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, TO CREATE SECTION 22.70 TO DESIGNATE THE “GRIFFIN ROAD PARTNERS HOTEL OVERLAY DISTRICT”; PROVIDING FOR APPROVAL OF A SHARED DISTRICT MONUMENT SIGN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

4. RESOLUTION NO. 2009-144 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY NICK ECONOMOS, ON BEHALF OF THE PROPERTY OWNER, GRIFFIN ROAD PARTNERS, LLC, FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF GRIFFIN ROAD AND RAVENSWOOD ROAD, (2081 GRIFFIN ROAD), IN THE CITY OF DANIA BEACH, FLORIDA, IN CONNECTION WITH THE PROVISIONS OF CHAPTER 28, “ZONING”; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. ORDINANCE NO. 2009-011 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO CHAPTER 28, “ZONING,” OF THE CODE OF ORDINANCES, RELATING TO ARTICLE 18 ENTITLED “INDUSTRIAL RESEARCH OFFICE MARINE (IROM) DISTRICT” TO PROVIDE FOR RECREATIONAL VEHICLE (RV) SALES AS A SPECIAL EXCEPTION USE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

6. RESOLUTION NO. 2009-145 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUESTS SUBMITTED BY STEPHEN TILBROOK, ESQUIRE WITH THE FIRM SHUTTS & BOWEN LLP, REPRESENTING THE PROPERTY OWNER, ALAN GROSMAN OF 4300 RAVENSWOOD, LLC, FROM CHAPTER 28, “ZONING”, ARTICLE 28, “SIGNS” AND ARTICLE 6.21, “OFF-STREET PARKING” AND THE ZONING APPENDIX, ARTICLE V “OFF-STREET PARKING REQUIREMENTS”, FOR PROPERTY LOCATED AT 4310 RAVENSWOOD ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

7. RESOLUTION NO. 2009-146 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY STEPHEN TILBROOK, ESQUIRE WITH THE FIRM SHUTTS & BOWEN LLP, REPRESENTING THE PROPERTY OWNER, ALAN GROSMAN OF 4300 RAVENSWOOD, LLC FOR PROPERTY LOCATED AT 4310 RAVENSWOOD ROAD, DANIA BEACH TO ALLOW SALES, LEASING, DISPLAY AND REPAIR OF RECREATION VEHICLES AS A SPECIAL EXCEPTION IN AN IROM (INDUSTRIAL RESEARCH OFFICE MARINE) ZONING DISTRICT, FOR PROPERTY LOCATED AT 4310 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. RESOLUTION NO. 2009-147 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST (SP-19-09) SUBMITTED BY STEPHEN TILBROOK, ESQUIRE WITH THE FIRM SHUTTS & BOWEN LLP, REPRESENTING THE PROPERTY OWNER, ALAN GROSMAN OF 4300 RAVENSWOOD, LLC, FOR PROPERTY LOCATED AT 4310 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. RESOLUTION NO. 2009-148 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY JODY OBERHOLTZER, MANAGING MEMBER OF GREEN OAKS LLC, FOR AN EXTENSION TO THE SITE PLAN (SP-74-07) ORIGINALLY APPROVED BY RESOLUTION 2008-116 ON JULY 22, 2008, FOR PROPERTY LOCATED AT 2960 SW 23RD TERRACE, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. DISCUSSION AND POSSIBLE ACTION

1. Discussion of Amnesty Code Enforcement Proposal - Colin Donnelly/Nick Lupo

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. Grant Advisory Board

Commissioner Duke - 1 appointment

Commissioner Jones - 1 appointment

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

Commissioner Duke - 1 appointment

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

Commissioner Jones - 1 appointment

2 Alternate Members

13. ADMINISTRATIVE REPORTS

13.1 City Manager

13.2 City Attorney

13.3 City Clerk - Reminders

Tuesday, August 18, 2009 – 6:00 p.m. Commission Workshop Unified Zoning Code

Tuesday, August 25, 2009 – 6.00 p.m. City Commission Meeting

14. ADJOURNMENT