Agenda for November 23, 2010

DANIA BEACH CITY COMMISSION

REGULAR MEETING

TUESDAY, NOVEMBER 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. Airport Advisory Board request for outreach funding

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 November 9, 2010 City Commission meeting

2. Travel Requests: None

3. RESOLUTION NO. 2010-192 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING A 1994 PIERCE 50' TELE-SQUIRT FIRE TRUCK TO BE OBSOLETE, SURPLUS, AND OF NO FURTHER USE TO THE CITY OF DANIA BEACH, AND DECLARING THE INTENT OF THE CITY TO DISPOSE OF IT BY AN AGREED UPON TRADE-IN AMOUNT OF $30,000.00 TO 10-8 FIRE EQUIPMENT INC., AS PART OF THE FUNDS NECESSARY TO PURCHASE NEW PIERCE VELOCITY AERIAL APPARATUS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

4. RESOLUTION NO. 2010-193 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE "LOOSE EQUIPMENT" TO STANDARDIZE WITH REQUIRED ADVANCED MEDICAL LIFE SUPPORT, VEHICLE EXTRICATION, I.S.O. AND N.F.P.A. EQUIPMENT ON A 2010 PIERCE VELOCITY PUC (PUMP UNDER CAB) 75' AERIAL LADDER VEHICLE IN THE AMOUNT OF $157,830.62 FROM TEN-8 FIRE EQUIPMENT, INC. UNDER THE LAKE COUNTY, FLORIDA, CONTRACT NO. CT070811G5, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

5. RESOLUTION NO. 2010-194 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE TWO (2) 2011 FORD 4X4 EXTENDED LENGTH EXPEDITIONS IN AN AMOUNT NOT TO EXCEED THE SUM OF $86,126.00 FROM ALAN JAY FORD LINCOLN MERCURY, INC., AN APPROVED VENDOR UNDER FLORIDA SHERIFFS' ASSOCIATION BID NO. 10-18-0907, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

6. RESOLUTION NO. 2010-195 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING AN AMENDMENT TO RESOLUTION NO. 2009-232, WHICH RATIFIES AND AUTHORIZES AN INCREASE TO THE PURCHASE PRICE OF A NEW PIERCE VELOCITY PUC (PUMP UNDER CAB) 75' AERIAL LADDER VEHICLE, COVERING CHANGES REQUESTED BY THE CITY FOR NECESSARY OPERATIONAL SAFETY, SERVICE WARRANTED AND COMPLIANCE RELATED VEHICLE CONSTRUCTION CHANGE ORDERS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

7. RESOLUTION NO. 2010-196 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE BULK HIGH-CALCIUM QUICKLIME FROM CARMEUSE LIME, INC., IN AN AMOUNT NOT TO EXCEED $105,000.00 IN FISCAL YEAR 2010-2011, UNDER THE CARMEUSE PROPOSAL OF CITY OF TAMARAC RESOLUTION NO. 2009-130; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

8. RESOLUTION NO. 2010-197 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SIDEWALK REPLACEMENT MATERIALS AND THE INSTALLATION OF SIDEWALK CONSTRUCTION SERVICES IN AN AMOUNT NOT TO EXCEED $90,000.00 IN FISCAL YEAR 2010-2011 FROM METRO EXPRESS, INC. UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID ITB NO. 09-10-069; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. RESOLUTION NO. 2010-198 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE GASOLINE AND DIESEL FUEL IN AN AMOUNT NOT TO EXCEED $189,932.00 THROUGH FISCAL YEAR 2010-2011, FROM PORT CONSOLIDATED UNDER SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING CO-OP GROUP BID, RFP 09-A-149; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. RESOLUTION NO. 2010-200 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE APPROPRIATION AND USE OF LAW ENFORCEMENT TRUST FUNDS IN AN AMOUNT NOT TO EXCEED $4,700.00 FOR THE PURCHASE OF A PROGRAMMABLE REPEATER AND ACCESSORIES FOR UNDERCOVER USE BY THE BSO SELECTIVE ENFORCEMENT TEAM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

11. RESOLUTION NO. 2010-201 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE 37th YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 2010-2011 IN THE APPROXIMATE AMOUNT OF $224,253.00, TO PROVIDE FUNDING FOR STORMWATER IMPROVEMENTS IN CENSUS TRACT 804.04 BLOCK GROUP 1; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

12. ORDINANCE NO. 2010-026 (Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUIRING THAT ALL CITY ADVISORY BOARDS AND COMMITTEES BE REVIEWED EVERY FOUR (4) YEARS TO DETERMINE IF THERE IS A NEED OR DESIRE OF THE CITY COMMISSION TO RETAIN THEM ("SUNSET REVIEW"); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

13. ORDINANCE NO. 2010-027 (Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CHANGING THE TIME FOR THE REGULAR MUNICIPAL ELECTION FOR THE MAYOR AND CITY COMMISSIONERS FROM MARCH IN ODD-NUMBERED YEARS, TO NOVEMBER IN EVEN-NUMBERED YEARS, TO BEGIN WITH THE NOVEMBER, 2012 REGULAR MUNICIPAL ELECTION, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

14. ORDINANCE NO. 2010-028 (Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO NEWLY ELECTED MEMBERS OF THE CITY COMMISSION, TO REQUIRE SUCH MEMBERS TO ATTEND TRAINING WITHIN ONE (1) YEAR OF THEIR ELECTION AS PROVIDED BY THE INSTITUTE FOR ELECTED MUNICIPAL OFFICIALS ("IEMO") OR ANY SIMILAR PROGRAM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

15. ORDINANCE NO. 2010-029 (Supporting Docs)

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, CALLING AN ELECTION ON PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY, MARCH 8, 2011; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF A SERIES OF PROPOSED CHARTER AMENDMENTS WHICH RESULTED FROM REVIEW BY THE CITY COMMISSION OF THE RECOMMENDATIONS OF THE CITY'S CHARTER REVIEW BOARD; SUCH CHARTER AMENDMENTS CONCERN FILLING OF VACANCIES IN THE CITY COMMISSION, COMMISSION ACTION PERTAINING TO THE CITY MANAGER POSITION, PLANNING AND ZONING BOARD REVISIONS, DANIA LIBRARY BOARD, PARKS AND RECREATION BOARD, CITY COMMISSION TERM LIMITS PROVISION, QUALIFICATIONS OF COMMISSION MEMBERS, CREATION OF AMENDED CHARTER, NUMBER OF ELECTORS REQUIRED FOR PETITIONERS' COMMITTEE IN INITIATIVE AND REFERENDUM PROCESS, ELIMINATION OF PRIMARY ELECTIONS, ANTI-DISCRIMINATION PROVISION, FORFEITURE OF OFFICE FOR EXCESSIVE ABSENTEEISM FROM REGULAR COMMISSION MEETINGS, AND ACTION AT SPECIAL MEETINGS OF THE CITY COMMISSION; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR RELATED MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CHARTER; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)

8. BIDS AND REQUESTS FOR PROPOSALS

1. RESOLUTION NO. 2010-199 (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 AMERICAN RAMP COMPANY FOR THE FROST PARK SKATE PARK PROJECT IN AN AMOUNT NOT TO EXCEED $48,000.00, PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING, FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

9. PUBLIC HEARINGS

1. ORDINANCE NO. 2010-025 (Agenda Request Item, Supporting Docs)

AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND THE LAND DEVELOPMENT CODE BY AMENDING ARTICLE 100 "GENERAL USE REGULATIONS APPLYING TO ALL ZONING DISTRICTS" TO ESTABLISH THE IROM-AA ZONING DISTRICT; AMENDING ARTICLE 115 "INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL EXCEPTION USES, AND CONDITIONS OF USE" REGARDING PERMITTED USES AND CONDITIONS OF USES, AMENDING ARTICLE 205 "TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS FOR ALL ZONING DISTRICTS" REGARDING SITE DEVELOPMENT STANDARDS, AMENDING ARTICLE 315 "HOTEL OVERLAY DISTRICT" REGARDING SIGN REGULATIONS AND REGULATIONS OF ESTABLISHMENTS SERVING ALCOHOL ON-PREMISES, AMENDING ARTICLE 505 "SIGN REGULATIONS" REGARDING PERMITTED SIGN TYPES AND REGULATIONS, AMENDING ARTICLE 610 "PUBLIC HEARING NOTICES" TO AMEND CERTAIN NOTICE PROCEDURES, AMENDING ARTICLE 710 "NONCONFORMING USES, STRUCTURES, AND LOTS" TO IMPLEMENT THE IROM-AA ZONING DISTRICT, AMENDING ARTICLE 725 "DEFINITIONS" TO IMPLEMENT THE IROM-AA ZONING DISTRICT; AMENDING ARTICLE 835 "TELECOMMUNICATION TOWERS AND ANTENNAS" TO IMPLEMENT THE IROM-AA ZONING DISTRICT; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY TO REZONE APPROXIMATELY 262 ACRES GENERALLY LOCATED WEST OF INTERSTATE 95 BETWEEN GRIFFIN ROAD AND NORTH OF STATE ROAD 84, AS LEGALLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)

2. RESOLUTION NO. 2010-191 (Agenda Request Item, Supporting Docs)

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY EMERSON ALLSWORTH, P.A., REPRESENTING COHEN BROTHERS DEVELOPMENT CORPORATION OF FLORIDA, LLC & DESIGN CENTER OF THE AMERICAS, LLC, FOR PROPERTY LOCATED AT 1875 GRIFFIN ROAD IN THE CITY OF DANIA BEACH, FLORIDA, IN CONNECTION WITH THE PROVISIONS OF CHAPTER 28, "LAND DEVELOPMENT CODE", PART 5, "SIGNAGE AND DESIGN REGULATIONS"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

10. DISCUSSION AND POSSIBLE ACTION

1. Discussion to adopt Resolution opposing the purchase of Atlantic Village Marina by Broward County - Commissioner Anton (Agenda Request Item, Supporting Docs)

RESOLUTION NO. 2010-202

A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, OPPOSING THE POTENTIAL ACQUISITION OF THE VILLAGE MARINA PLAT SITE IN DANIA BEACH BY BROWARD COUNTY (PROPERTY LOCATED AT 1540 GRIFFIN ROAD, NORTH SIDE OF GRIFFIN ROAD, EAST OF I-95 ALONG THE DANIA BEACH CUT-OFF CANAL); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.

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

13. ADMINISTRATIVE REPORTS

13.1 City Manager

13.2 City Attorney

13.3 City Clerk - Reminders

Wednesday, December 1, 2010 - 6:00 p.m. CRA Board Meeting

Tuesday, December 14, 2010 - 7:00 p.m. City Commission Meeting

14. ADJOURNMENT