Agenda for May 25, 2010

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, MAY 25, 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 by Neptune Fireworks to install 3 temporary tents for outdoor fireworks sales at 768 East Dania Beach Blvd., from June 10, 2010 to July 10, 2010 from 9:00 a.m. - 9:00 p.m. (Agenda Request Item, Supporting Docs)

2. Pension Proposal - Shawn DeRosa, Northwestern Mutual (Continued from May 11, 2010) (Supporting Docs)

3. Presentation by the Dania Beach Airport Advisory Board (Supporting Docs)

4. Special Event request by Saba Temple #186 Shriners for Cure for Diabetes Walk/Rally from Bethel Baptist Church to Frost Park on June 5, 2010 from 9:00 a.m. to 12:00 p.m. (Agenda Request Item, Supporting Docs)

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 27, 2010 City Commission meeting

Approve minutes from May 12, 2010 Noise Mitigation Workshop

2. Travel Requests: (Supporting Docs)

Request of Nicholas Lupo, Code Compliance Manager, to attend the FACE Conference and Educational/Training Seminar in Lake Buena Vista, Florida from June 16-19, 2010 (Estimated cost $834.30; available budget $1,615.80)

3. RESOLUTION NO. 2010-079 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE A FINANCIAL AUDIT ENGAGEMENT LETTER WITH KEEFE, McCULLOUGH & CO., LLP; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2010-080 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING APPROPRIATE CITY OFFICIALS TO EXECUTE AN ENGAGEMENT LETTER WITH KEEFE, McCULLOUGH & CO., LLP FOR AN EXAMINATION OF THE CITY’S LEVEL OF DEBT FINANCING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION NO. 2010-081 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, EXPRESSING THE INTENT OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH TO ENTER INTO AN AGREEMENT WITH BROWARD COUNTY TO RESTRICT NEW RESIDENTIAL DEVELOPMENT WITHIN 60+ DNL NOISE CONTOURS AND NON-AIRPORT COMPATIBLE LAND USES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

6. RESOLUTION NO. 2010-082 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING A TWELVE (12) FOOT WATERLINE EASEMENT LOCATED ON BRYAN ROAD IN THE CITY OF DANIA BEACH (A COPY OF THE WATERLINE EASEMENT WITH EXHIBITS A AND B IS ATTACHED) GRANTED BY BROWARD INTERNATIONAL COMMERCE PARK LIMITED PARTNERSHIP, A MICHIGAN LIMITED PARTNERSHIP; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

7. RESOLUTION NO. 2010-083 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR APPROPRIATION OF FUNDS 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. 2010-008 (Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 2 (ENTITLED “ADMINISTRATION”) ARTICLE III OF THE CITY CODE OF ORDINANCES, WHICH ARTICLE IS ENTITLED “SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES; CITATIONS FOR COUNTY COURT APPEARANCES”, TO PROVIDE FOR ISSUANCE OF CITATIONS BY CODE ENFORCEMENT OFFICERS FOR VIOLATIONS OF THE CITY CODE; PROVIDING FOR CITATIONS TO BE HEARD IN BROWARD COUNTY COURT OR BY A SPECIAL MAGISTRATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

2. ORDINANCE NO. 2010-009 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE DANIA BEACH ZONING MAP TO REZONE CERTAIN PROPERTIES WITHIN THE CITY OF DANIA BEACH COMMUNITY REDEVELOPMENT AREA (CRA) FROM THE CURRENT ZONING CLASSIFICATION OF RD-8000 (DUPLEX) TO RO (RESIDENTIAL OFFICE) AS SPECIFICALLY DESCRIBED IN EXHIBIT “A”, A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

3. ORDINANCE NO. 2010-010 (Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 25 (ENTITLED “TRAFFIC”), ARTICLE III (ENTITLED “PARKING, STOPPING AND STANDING”) OF THE CITY CODE OF ORDINANCES TO CREATE TWO NEW SECTIONS TO BE ENTITLED “PARKING PROHIBITED AT CERTAIN LOCATIONS” AND “PARKING JUNKED OR ABANDONED VEHICLES PROHIBITED”, RESPECTIVELY; CREATING A VIOLATION FOR VEHICLE OWNERS WHOSE VEHICLES ARE STOPPED OR PARKED ON UNAPPROVED PARKING AREAS; CREATING A VIOLATION FOR VEHICLE OWNERS FOR PARKING A JUNKED OR ABANDONED VEHICLE WITHIN THE CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

4. ORDINANCE NO. 2010-011 (Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 15 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED “BUSINESS TAX”; AMENDNG SECTION 15-1 ENTITLED “REQUIRED TO ENGAGE IN BUSINESS; REGISTRATION REQUIRED” AND SECTION 15-3 ENTITLED “SEPARATE RECEIPT FOR EACH LOCATION; EVIDENCE OF CONDUCTING BUSINESS” TO REQUIRE PROPERTY OWNERS TO ENSURE THAT A BUSINESS TAX RECEIPT IS OBTAINED FOR ANY BUSINESS CONDUCTED ON THE OWNER’S PROPERTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

5. RESOLUTION NO. 2010-069 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY WALGREENS COMPANY FROM CHAPTER 28, “ZONING”, ARTICLE 4.201, “PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES, SCHOOLS”, FOR PROPERTY LOCATED AT 501 EAST SHERIDAN STREET IN DANIA BEACH, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from May 11, 2010)

6. RESOLUTION NO. 2010-078 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY COURTNEY CRUSH, ATTORNEY WITH THE FIRM CRUSH LAW, P.A., REPRESENTING THE OWNER JAY PATEL, FOR AN EXTENSION TO THE SITE PLAN (SP-08-08), WHICH WAS MODIFIED ON MAY 12, 2009 AND APPROVED BY RESOLUTION NO. 2009-078; SPECIAL EXCEPTION (SE-30-08) AND VARIANCE (VA-31-08) ORIGINALLY APPROVED ON AUGUST 28,2008, AND EXTENDED ON AUGUST 29, 2009, FOR PROPERTY LOCATED AT 205 NORTH FEDERAL HIGHWAY IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. DISCUSSION AND POSSIBLE ACTION

1. Discussion of setting a workshop with solid waste haulers - Commissioner Duke

2. Possible discussion and/or action to name a street Barkers Lane - Commissioner Grace (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

1. Airport Advisory Board

Vice-Mayor Castro - 1 appointment

2. Nuisance Abatement Board

Commissioner Grace - 1 appointment

2 Alternate Positions

3. Police and Fire Pension Board

Confirmation of Carolyn Jones as 9th Member appointed by the Board

4. Unsafe Structures Board

Electrical Contractor

13. ADMINISTRATIVE REPORTS

13.1 City Manager

13.2 City Attorney

13.3 City Clerk - Reminders

Tuesday, June 8, 2010 - 7:00 p.m. City Commission Meeting

Thursday, June 17, 2010 - 6:00 p.m. CRA Board Meeting

Tuesday, June 22, 2010 - 7:00 p.m. City Commission Meeting

14. ADJOURNMENT