Agenda for February 23, 2010

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, FEBRUARY 23, 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. Special Event request for the 33rd Annual Waterway Cleanup to be held at Dania Beach (Pier); Derecktor of Florida; Harbour Town Marina; and Whiskey Creek at John U. Lloyd Park on Saturday, March 6, 2010 from 9:00 a.m. - 1:00 p.m. (Supporting Docs)

2. Special Event request for St. Patrick's Day at the Field to be held at 3281 Griffin Road on Wednesday, March 17, 2010 from 2:00 p.m. - 2:00 a.m. (Supporting Docs)

3. Special Event request for the Dania Beach Flea Market to be held in the parking lot of Dania Jai Alai, 301 E. Dania Beach Boulevard, on March 18-21, 2010 (Supporting Docs)

4. Special Event request for MIASF'S 14th Annual Plywood Regatta to be held at 101 N. Beach Road, at the north end of the Dania Beach Marina, on April 17-18, 2010 (Supporting Docs)

5. Special Event request for the "March for Michael" to be held at C.W. Thomas Park on Saturday, March 27, 2010 from 10:00 a.m. - 7:00 p.m. (Supporting Docs)

6. Presentation by the Green Advisory Board

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 February 9, 2010 City Commission meeting

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

Request of Frank DiPaolo, Controller, to attend the GFOA National Conference in Atlanta, Georgia from June 6-9, 2010 (Estimated cost $1,286; available budget $1,620)

3. RESOLUTION NO. 2010-030 (Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, OPPOSING AMENDMENT 4 TO THE FLORIDA CONSTITUTION WHICH WOULD REQUIRE THAT EVERY AMENDMENT TO A CITY OR COUNTY COMPREHENSIVE PLAN WOULD BE SUBJECT TO A VOTE OF THE RESPECTIVE CITY’S OR COUNTY’S ELECTORATE; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2010-036 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ROAD RESURFACING SERVICES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED EIGHTY THOUSAND DOLLARS ($180,000.00) IN FISCAL YEAR 2009/2010, FROM NORTH FLORIDA EMULSIONS, INC., UNDER CITY OF POMPANO BEACH BID NO. H-23-09; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION NO. 2010-035 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING CHANGE ORDER #5 IN THE AMOUNT OF EIGHTY TWO THOUSAND THIRTY FOUR DOLLARS AND .40 ($82,034.40) IN CONNECTION WITH THE CONSTRUCTION AGREEMENT OF THE NEW PUBLIC SERVICES ADMINISTRATION BUILDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. BIDS AND REQUESTS FOR PROPOSALS

9. PUBLIC HEARINGS

1. RESOLUTION NO. 2010-028 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ISRAEL FINTZ, MANAGER OF TROPICAL PARADISE RESORTS, LLC (RODEWAY INN) FROM CHAPTER 28, “ZONING”, FOR PROPERTY LOCATED AT 2540 STATE ROAD 84, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

2. RESOLUTION NO. 2010-029 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY REVEREND GENTEL WILLIAMS REPRESENTING EBENEZER DELIVERANCE TEMPLE, INC., FROM CHAPTER 26, “VEGETATION”, ARTICLE IV, “LANDSCAPING”, CHAPTER 28, “ZONING”, ARTICLE 6.21 “SCHEDULE OF OFF-STREET PARKING REQUIREMENTS” AND ARTICLE V OF THE ZONING APPENDIX (“OFF-STREET PARKING”), FOR PROPERTY LOCATED AT 2340 GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE

3. RESOLUTION NO. 2010-031 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN R. HERIN, JR., ESQUIRE, WITH THE FIRM STEARNS, WEAVER, MILLER ON BEHALF OF THE PROPERTY OWNER PATRICK UTTER, REPRESENTING SHENANIGANS EAST SIDE LLC FROM CHAPTER 28, “ZONING” AND CHAPTER 27, “VEGETATION”, FOR PROPERTY LOCATED AT 1302 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2010-033 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY JOHN R. HERIN, JR., ESQUIRE, WITH THE FIRM STEARNS, WEAVER, MILLER ON BEHALF OF THE PROPERTY OWNER, PATRICK UTTER, REPRESENTING SHENANIGANS EAST SIDE LLC, FOR A SPECIAL EXCEPTION TO ALLOW INDOOR LIVE ENTERTAINMENT FOR THREE (3) DAYS PER YEAR IN THE TOC-2 (TRANSIT ORIENTED CORRIDOR 2) ZONING DISTRICT, FOR PROPERTY LOCATED AT 1302 SOUTH FEDERAL HIGHWAY, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION NO. 2010-034 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING STAFF TO TRANSMIT TRAFFICWAYS PLAN AMENDMENT APPLICATION TA-10-10 TO THE BROWARD COUNTY PLANNING COUNCIL; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. DISCUSSION AND POSSIBLE ACTION

11. COMMISSION COMMENTS

11.1 Commissioner Anton

11.2 Commissioner Duke

11.3 Vice-Mayor McElyea

11.4 Mayor Castro

12. APPOINTMENTS

1. Grant Advisory Board

Commissioner Duke - 1 appointment

13. ADMINISTRATIVE REPORTS

13.1 City Manager

13.2 City Attorney

13.3 City Clerk - Reminders

Wednesday, March 3, 2010 - 6:00 p.m. CRA Board Meeting

Tuesday, March 9, 2010 - 7:00 p.m. City Commission Meeting

Wednesday, March 10, 2010 - 7:00 p.m. Town Hall Meeting at the Estates of Ft. Lauderdale

Thursday, March 18, 2010 - 6:00 p.m. Abatement Hearing

Tuesday, March 23, 2010 - 7:00 p.m. City Commission Meeting

14. ADJOURNMENT