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HomeMy WebLinkAbout2006-10-10 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, OCTOBER 10, 2006 - 7:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Father Roger Holoubek, St. Maurice Catholic Church, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Patricia Flury Vice-Mayor: Bob Anton Commissioners: John Bertino • Anne Castro City Manager: Ivan Pato City Attorney: Thomas Ansbro Deputy Clerk: Miriam Nasser Absent: City Clerk: Louise Stilson 4. Presentations and Special Event Approvals There were no presentations at this meeting. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Clare Vickery, business owner at 49 N Federal Highway, commented on the preparation for the Winter Art and Antique Festival to be held in Dania Beach, January 19-21, 2007. She would like the Commissioners to meet with her prior to the October 24`h Commission meeting when she will • come before the Commission to make a formal request for funding of the Festival. She distributed copies of a letter addressed to the Mayor, Commissioners and City Manager with detailed information on the forthcoming event. Jack Johnson, 121 NW loth Court, complained about residents at 125 NW 10 Court. He noted this is an unsafe residence not in compliance with City Code, and commented on the activities going on at that property. He would like an officer from Code Enforcement to visit the residence. Mayor Flury advised the City would send someone from Code Enforcement, and BSO will also assist Mr. Johnson, if necessary. 7. Consent Agenda Item #7.5 was removed from the Consent Agenda Item #7.8 was pulled from the Consent Agenda 7.1 Minutes: Approve minutes of the Final FY 2006/2007 Budget Public Hearing of September 20, 2006 Approve minutes of the Abatement Hearing of September 21, 2006 Approve minutes of the Regular City Commission Meeting of September 26, 2006 • Resolutions 7.2 RESOLUTION #2006-161 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGAGEMENT LETTER WITH RUSS KLENET & ASSOCIATES FOR THE PROVISION OF CONSULTING SERVICES IN CONNECTION WITH THE CRA, AIRPORT EXPANSION, AND OTHER ECONOMIC DEVELOPMENT AND RELATED MATTERS OF CONCERN TO THE CITY, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION #2006-162 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENGAGEMENT LETTER WITH TIDEWATER CONSULTING INCORPORATED FOR THE PROVISION OF CONSULTING SERVICES IN CONNECTION WITH 2O06-2007 FLORIDA LEGISLATIVE SESSION IN AN AMOUNT NOT TO EXCEED $60,000.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2006-168 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT PERTAINING TO DANIA COVE WITH BROWARD COUNTY Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,October 10,2006—7:00 p.m. FOR A CHALLENGE GRANT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2006-169 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO AN APPROVAL OF A MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF A PORTION OF FEDERAL HIGHWAY (US 1); PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Resolution#2006-169 was removed from the Agenda. 7.6 RESOLUTION#2006-170 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE DIESEL FUELS FROM BV OIL COMPANY OF FLORIDA, IN AN AMOUNT NOT TO EXCEED $85,000.00 IN FISCAL YEAR 06/07, UNDER SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP REFERENCE #06-A-098, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2006-176 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM • BROWARD SHERIFF'S OFFICE, DEPARTMENT OF FIRE-RESCUE, IN AN AMOUNT NOT TO EXCEED $30,000.00 FOR FISCAL YEAR 2006-2007, FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2006-177 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY, TO ENTER INTO A LETTER OF AGREEMENT WITH ADVANCED DATA PROCESSING, INC. AND THE CITY OF DANIA BEACH, TO EXTEND THE EXISTING AGREEMENT FOR MEDICAL TRANSPORTATION BILLING SERVICES, FOR AN ADDITIONAL ONE YEAR TERM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-177. Mayor Flury confirmed with the City Attorney that this is a five year contract. She noted that because this is a significant contract there should be some information about the company's past performance in order for the Commission to approve an extension to the contract. Mayor Flury would like to see this type of information in the back-up material when future requests for new, or extension of, contracts are presented to the Commission. Captain Bruce Caruso, Fire Department, advised the report for this Fiscal Year ending September 30, 2006, prepared by Advanced Data Processing, Inc., had just been received. He distributed copies to the City Commission. Captain Caruso reassured the Commission that ADPI's performance is very good. He briefly explained they are under the same terms on the Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,October 10,2006—7:00 p.m. contract as before; the City pays a 7% net collection, which is one of the lowest rates, and they hope next year, when they re-negotiate the contract, to be able to retain the same terms with this company. Commissioner Bertino motioned to adopt Resolution #2006-177; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes 7.9 RESOLUTION #2006-178 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE TWO POWERFLEX POWERED COTS FOR THE FIRE RESCUE DEPARTMENT AT A TOTAL COST OF$21,000.00; PROVIDING FOR PURCHASE OF EQUIPMENT FROM MATRX MEDICAL, A HENRY SCHEIN COMPANY, THE SOLE EMS DISTRIBUTOR IN THE STATE OF FLORIDA FOR THIS EQUIPMENT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION #2006-179 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM MEMORIAL REGIONAL HOSPITAL IN AN AMOUNT NOT TO EXCEED $20,000.00 PER YEAR FOR FISCAL YEARS 2005-2006 AND 2006-2007, FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION #2006-180 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CHEN AND ASSOCIATES RELATING TO DRAINAGE DEFICIENCIES IN TWO AREAS OF THE CITY; PROVIDING THAT THE COST FOR SUCH SERVICES SHALL NOT EXCEED TWENTY FOUR THOUSAND FIVE HUNDRED FIFTY DOLLARS ($24,550.00); PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.12 RESOLUTION #2006-184 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, IN SUPPORT OF THE FLORIDA DEPARTMENT OF TRANSPORTATION AND ITS AFFILIATED REGIONAL TRANSPORTATION AGENCIES (REGIONAL TRANSPORTATION ORGANIZATION/REGIONAL TRANSIT AUTHORITY)TO RECOMMEND STRATEGIC INVESTMENT IN THE FLORIDA EAST COAST CORRIDOR AREA, TO EXPAND LOCAL AND REGIONAL PASSENGER SERVICE IN THAT AREA TO MEET THE GROWING TRANSIT NEEDS AND COMPLEMENT FREIGHT INDUSTRY GROWTH IN THE SOUTHEAST FLORIDA AREA; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,October 10,2006—7:00 p.m. Ordinances (Title read by City Attorney) 7.13 ORDINANCE #2006-031 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY BONNIE L. MISKEL OF RUDEN, MCCLOSKY, SMITH, SCHUSTER& RUSSELL, P.A. ON BEHALF OF JOHN E. SABTY, MANAGER OF WSSA FLORIDA, LLC., FOR PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF NE 7TH AVENUE BETWEEN TAYLOR ROAD AND ELLER DRIVE, IN THE CITY OF DANIA BEACH,FLORIDA,WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM IG (INDUSTRIAL GENERAL), TO IRO (INDUSTRIAL RESEARCH OFFICE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Castro motioned to approve the Consent Agenda, with the exception of Items # 7.5 and #7.8; seconded by Vice-Mayor Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes 8. Bids and Requests for Proposals 0 8.1 RESOLUTION#2006-175 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 CONSTRUCTION OF THE C.W. THOMAS PARK RECREATION CENTER IN AN AMOUNT NOT TO EXCEED $1,078,175.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-175. City Manager Pato asked for a continuance until the October 24, 2006 City Commission meeting. Commissioner Bertino motioned to continue Resolution #2006-175 until the October 24, 2006 City Commission meeting at 7:00 p.m.; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes At this time, City Manager Pato asked BSO Chief Bryan Cowart to make an important announcement regarding recent incidents that took place in the City of Tamarac. BSO Chief Cowart advised he wanted to take this opportunity to alert the general public about Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, October 10,2006—7:00 p.m. • two incidents involving citizens being victimized by distraction thieves who were posing as Florida Power & Light workers, which occurred recently in the City of Tamarac. He further explained that this happens every year when the northern visitors come down for the winter, and the criminal elements are also migrating south. Chief Cowart reminded everyone that if someone comes to your front door unsolicited, they should present a photo ID badge and some identification to prove who they work for, and have prior arrangements made through their company. He recommended calling BSO immediately, if in doubt, and deputies would be sent to the address in question to investigate the case. 9. Public Hearings and Site Plans 9.1 ORDINANCE #2006-030 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AMENDING ARTICLE 16, ENTITLED "INDUSTRIAL-RESEARCH-OFFICE (IRO) DISTRICT" OF CHAPTER 28 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "ZONING" TO PROVIDE REGULATIONS APPLICABLE TO U.S. BORDER PATROL FACILITIES AND RELATED SHORT TERM DETENTION FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2006-030. Laurence Leeds, Director of Community Development, explained this is a request for a change to the Zoning Code, to allow a U.S. Border Patrol Facility in an IRO zoning district. He noted the Planning & Zoning Board recommended approval. He further advised this is a temporary facility which would not have outdoor holding areas and is strictly a processing unit. He further commented BSO Chief Bryan Cowart had no objection to the request. Attorney Bonnie Miskel, Ruden McClosky, on behalf of the applicant, advised that about 90 percent of the facility would be administrative offices, and approximately 10 percent would be used as a temporary detention center. She indicated that the U.S. Border Patrol currently leases another site in Pembroke Pines adjacent to North Perry Airport, and one of the reasons this site was selected is because of its proximity to the airport and seaport. Attorney Miskel noted that the building would be comprised of multiple interior offices, conference rooms, public reception areas, internal garage for parking Border Patrol vehicles, and a garage for minor repairs; less than 3,500 square feet has been assigned to detention areas. She further advised that if someone is identified as not being legally in this country, they will be brought into the processing room for an interview, then either released to their relatives, or transferred to another facility such as the Krome Detention Center, for processing. The detention can be between 4 to 12 hours, with no overnight stay and no food preparation areas for detainees. Attorney Miskel further advised that her client, WSSA Florida, LLC, is a for-profit organization and would be paying taxes. She indicated both the land owner and her client were present to answer any questions. Commissioner Bertino was concerned about epidemics, terrorism and smugglers, since many of the individuals being detained are coming from countries that do not have high health standards. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday, October 10,2006—7:00 p.m. He asked if there was anything in this facility to stop the spread of a contamination if these people stay in our City. Attorney Miskel noted that individuals coming to this facility mostly come through the airport, they arrive by special vehicle and leave by special vehicle. Commissioner Bertino pointed out that if they do not have doctors, then there is nothing to prevent contamination from any disease and therefore this poses a threat to our City. Attorney Miskel explained that if anyone was identified as having a life-threatening communicable disease, they would never come to this facility. Commissioner Castro commented she understands Commissioner Bertino's concerns about the welfare of our citizens, however, this assumption was a little bit alarming since most of these people come here for a better life. She thought if anybody arriving at the airport or seaport was looking ill, they would be transferred to the hospital immediately. Commissioner Bertino commented the airport is already here, but this is a new facility and should have a quarantine area. He added that tuberculosis is back in the United States due to illegal immigration. Attorney Miskel clarified that as in any federally funded facility, they are required to have quarantine procedures. Mayor Flury reaffirmed Attorney Miskel's comments and added that although she appreciates Commissioner Bertino's concerns, no one is more concerned than the officers bringing them into the facility. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Vice-Mayor Anton indicated he is sure the Border Patrol have their own rules and procedures on health issues. He thought that approximately 30 more law enforcement officers moving in and out of that area was very positive for the City. Vice-Mayor Anton checked with the Pembroke Pines facility and they confirmed they have never had any demonstrations in the past. He said he has not received any complaints from any of the residents in the area. Commissioner Castro asked Attorney Miskel how many people would work in the facility. Attorney Miskel responded approximately 40 employees. She added it would be a one story office-type building and would probably be one of the nicest buildings the City would have in the area. Director Leeds advised the Commission would see the site plan request in a month or two and it would be very attractive. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, October 10,2006—7:00 p.m. Mayor Flury questioned if there was any way to protect the City if they wanted to buy the property once the lease expired. City Attorney Ansbro advised if the Federal Government leases the property and wants to purchase it after the expiration of the lease, there was no way to stop them and the property would automatically come off the tax roll. Attorney Miskel clarified for Commissioner Castro that this is a straight lease and that they have no intention to purchase the property at the end of the 15-year lease. Commissioner Castro motioned to adopt Ordinance #2006-030, on first reading; seconded by Vice-Mayor Anton. The motion carried on the following 3-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes City Attorney Ansbro advised the following cases would be quasi-judicial hearings and swore in those persons speaking in each case. 9.2 RESOLUTION 42006-171 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY JOHN GRENIER, FOR AN EXTENSION OF VARIANCE VA-09-04, VA-40-03 AND SITE PLAN SP-06-02, BOTH DATED APRIL 26,2005, APPROVED BY RESOLUTION NO. 2005-049 AND RESOLUTION NO. 2005- 050, RESPECTIVELY WHICH WILL OTHERWISE EXPIRE ON OCTOBER 26, 2006; PERTAINING TO PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD EAST OF THE DANIANS CONDOMINIUM CLUBHOUSE, FRONTING DANIA BEACH BOULEVARD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-171. Laurence Leeds, Director of Community Development, explained in April, 2005, the applicant requested a variance and site plan for the construction of 9 condominium units located on the north side of Dania Beach Boulevard, east of the Danians Condominium Clubhouse. The site plan and the variance have both expired and the applicant is now requesting a one year extension. If the extension is not approved, the applicant would have to re-start the process with the Planning and Zoning Board and the City Commission. Mayor Flury and Commissioner Castro both thought the property was for sale. Armando Cuenca, Project Manager representing the owner, confirmed the property is not for sale. He further stated everything is ready to go and the delay was on the part of the County which took longer than they expected. Director Leeds advised the applicant is ready to submit construction drawings and if all goes well he may get his permit in 3-4 months, if the requested extension is granted tonight. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,October 10,2006—7:00 p.m. Commissioner Castro would support the extension with the condition that the applicant submits his construction drawings within 30 days. Mayor Flury opened the Public Hearing. John Grenier, property owner, indicated that he has paid the impact fees to the County and after seven months, they have now issued their permits. He also advised that the plans were submitted to the City about two weeks ago and they already obtained the demolition permit from the Community Development Department. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Castro motioned to adopt Resolution #2006-171 extending the permit for six months, subject to construction drawings being submitted to the Community Development Department within 30 days; seconded by Vice-Mayor Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes 9.3 RESOLUTION #2006-172 • A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY ED MATSON, FOR AN EXTENSION OF VARIANCE VA-62-04 AND SITE PLAN SP-63-04, BOTH DATED MAY 24, 2005 APPROVED BY RESOLUTION NO. 2005-087 AND RESOLUTION NO. 2005-088, RESPECTIVELY, EXPIRE ON NOVEMBER 24, 2006; PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF SW 23RD TERRACE AND STATE ROAD 84, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-172. Corinne Church, Principal City Planner, advised the applicant is requesting an extension to a variance, waiver and site plan request originally approved in May, 2005, for the construction of an office/warehouse. She added that the applicant had a problem with lift stations and had to go through the County to get the permits which is why their approvals expired. Mayor Flury asked if the Community Development Department had any personal knowledge of the problems people encounter with the County. Corinne Church commented people have expressed their frustration at the delays caused when having to deal with the County. Laurence Leeds, Director of Community Development, commented the issue of lift stations has come up in at least two other sites. He confirmed this is a legitimate request and he had no problem with the extension. i Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,October 10,2006—7:00 p.m. David Matson, representing the applicant, advised the building plans have been submitted, the comments by staff have been addressed and will be re-submitted tomorrow. He further explained they had a problem with a lift station and once it is approved by the County, things will move quicker. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Vice-Mayor Anton motioned to adopt Resolution #2006-172 extending the permit until May 24, 2007, subject to construction drawings being submitted to the Community Development Department within 30 days; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes 9.4 RESOLUTION #2006-173 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY WILLIAM RUIZ, PERTAINING TO THE ZONING APPENDIX TO THE CITY CODE OF ORDINANCES, SECTION 33-40 (12)(A), "REGULATION AND USE OF WATERWAYS AND FACILITIES", FOR PROPERTY LOCATED AT 974 NAUTILUS ISLE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-173. Corinne Church, Principal City Planner, explained the applicant is requesting a variance for the installation of a boat lift which extends 14 feet into the waterway, where Code allows no more than 10 percent of the waterway width. The boat lift will be installed at the outer edge of the seawall cap extending 14 feet into the 80 foot canal. She further indicated that the Planning and Zoning Board recommended approval of the request. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Vice-Mayor Anton noted he is familiar with the area and felt it was important to keep boat lifts against the seawall instead of the dock and it is actually a saving of space for the users of the waterway. He was in favor of the request. Vice-Mayor Anton motioned to adopt Resolution #2006-173; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,October 10,2006—7:00 p.m. 9.5 RESOLUTION #2006-174 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY JOHN AND DOREEN BARTLEY FOR AN EXTENSION OF VARIANCE VA-51-05, APPROVED ON NOVEMBER 8, 2005, BY RESOLUTION 2005-167, -WHICH WILL OTHERWISE EXPIRE ON NOVEMBER 8, 2006 PERTAINING TO PROPERTY GENERALLY LOCATED AT 250 SW 4T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-174. Corinne Church, Principal City Planner, explained the applicant is requesting an extension to a previously granted variance to reduce the side setback and minimum lot size for the construction of a single family house. She further noted this approval will expire on November 8, and the applicant would like a one year extension. John Bartley, 201 SE 2nd Avenue, property owner, advised he has not started construction because he is still working on other houses. He further indicated that as soon as he sells one or two of the other houses, he will start working on this project. Mayor Flury opened the Public Hearing. Teddy Bohanan, SW 151h Street, thought Mr. Bartley deserved an extension of his request since he has built beautiful houses in the City. Seeing as there was no one to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Castro motioned to adopt Resolution #2006-174, extending the variance approval until November 8, 2007; seconded by Vice-Mayor Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes 9.6 RESOLUTION#2006-181 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN BARTLEY ON BEHALF OF "ALL SOUTH FLORIDA DEVELOPMENT, INC." AND "VICTORY HEIGHTS PROPERTIES, INC.", FOR PROPERTY GENERALLY LOCATED EAST OF PHIPPEN ROAD BETWEEN SW 2ND TERRACE AND SW 2ND PLACE, ADJACENT TO THE F.E.C. RAILROAD TRACKS, IN DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-181. Laurence Leeds, Director of Community Development, advised the applicant is requesting variances to allow for a lot width, side yard setbacks and 6 parking spaces, for the construction of a warehouse on the west side of the FEC railroad tracks on a vacant property. Minutes of Regular Meeting 1 1 Dania Beach City Commission Tuesday, October 10,2006—7:00 p.m. Mayor Flury asked who owned the property on the east side, and added this is going to be the best looking building in the area. Director Leeds responded he did not know. He also mentioned that the neighbor on the west side was concerned about landscaping. Mayor Flury opened the Public Hearing. Perry Jackson, 406 SW 2nd Place, the neighbor on the west side of the property, expressed concerns about landscaping and water problems. John Bartley, 201 SE 2"d Avenue, representing All South Florida Development, Inc., advised he had no problem with Mr. Jackson's requests and indicated they are hoping to remedy the situation. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Castro questioned the west side setbacks. Mr. Bartley explained there is a seven foot setback from Mr. Jackson's duplex. He further commented they would work on Mr. Jackson's fence as well as landscaping. Commissioner Bertino motioned to adopt Resolution #2006-181, with staff conditions; seconded by Vice-Mayor Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes 9.7 RESOLUTION #2006-182 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY J01 N BARTLEY ON BEHALF OF "ALL SOUTH FLORIDA DEVELOPMENT, INC." AND "VICTORY HEIGHTS PROPERTIES, INC.", FOR PROPERTY LOCATED EAST OF PHIPPEN ROAD BETWEEN SW 2ND TERRACE AND SW 2ND PLACE, ADJACENT TO THE F.E.C. RAILROAD TRACKS, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-182. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. John Bartley, representing All South Florida Development Inc., confirmed for Vice-Mayor Anton that he agreed to take care of Mr. Jackson's requests. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday, October 10,2006—7:00 p.m. . Vice-Mayor Anton motioned to adopt Resolution #2006-182; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes 9.8 RESOLUTION #2006-183 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR MODIFICATIONS TO THE SITE PLAN, APPROVED BY RESOLUTION 2003-259 ON NOVEMBER 12,2003, SUBMITTED BY SYNALOVSKI, GUTIERREZ, ROMANIK ARCHITECTS, INC., ON BEHALF OF MAIMONIDES SHALOM ACADEMY, INC., FOR PROPERTY LOCATED AT 5300 SW 40T" AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-183. Corinne Church, Principal City Planner, advised the property owner Brauser Maimonides Academy, is requesting a site plan modification for expansion of the existing school. She further explained that the first phase of development was proposed in 2003 and they now want to construct a two story school building. Staff is recommending approval, with certain conditions, as well at the Planning and Zoning Board. Vice-Mayor Anton questioned if there were any complaints from the residents in the area. • Ms. Church responded there were none. She also commented that the building expansion they are requesting would not require any additional parking. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Bertino motioned to adopt Resolution #2006-183, with site plan conditions; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino was concerned with the condition of the old buildings around the City, specifically the Dania Beach Hotel and a couple of other properties. He thought the building should be demolished, or brought to the Unsafe Structures Board for action. Commissioner Bertino asked the City Manager to talk to the owners of the Dania Beach Hotel and urge them to do something about it. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,October 10,2006—7:00 p.m. City Manager Pato reported he has an appointment with the Dania Beach Hotel owners on Friday afternoon. 10.2 Commissioner Castro Commissioner Castro had no comments. 10.3 Vice-Mayor Anton Vice-Mayor Anton agreed with Commissioner Bertino's comments about the Dania Beach Hotel. 10.4 Mayor Flury Mayor Flury commented all members of the Commission received a letter from Louis Demas of the Dania Beach Grill, expressing concerns about the substantial amount on his tax bill. She further noted the tenant had not received a tax bill for several years and signed a renewal of the lease agreement without fully realizing that he was going to be responsible for the taxes. Mayor Flury thought this issue needed to be resolved and asked City Manager Pato for his comments. City Manager Pato advised he spoke to Mr. Demas and told him that while he sympathized with his predicament, he could not support an exception in his case. He thought this would set a precedent, since there were other leases which are subject to the same rules and conditions, and it would also make it difficult for the City to negotiate leases in the future. He cautioned the Commission to deal carefully with this case and ratified his position that he would not support it, but ultimately it would be up to the Commission. City Attorney Ansbro advised this is a business decision and not a legal one. He added the Pier Restaurant tenant is also concerned, and he clarified for him that it is in the lease agreement that when you lease from a municipal government you have to pay Ad Valorem Taxes. Vice-Mayor Anton thought the City currently had three properties for lease; Harbour Towne, the Pier Restaurant, and the Dania Beach Grill. He felt we had an obligation to take a close look at this, and commented we should check to see if Harbour Towne has been paying taxes, before we discuss this matter any further. Vice-Mayor Anton further noted $6,000 in taxes is a significant amount of money for a small business, and added it was not the intent of the Commission to put any small business out of business. He commented he would like to know the circumstances with the other City-owned properties before a final decision is made. It was the consensus of the Commission to have the City Manager and City Attorney bring back the requested information as a discussion item at the next Commission Meeting. Mayor Flury mentioned the Tourism Development Council recently had a very nice event. She thanked Commissioner Castro for doing a very good job and for moving them along. • Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,October 10,2006—7:00 p.m. Mayor Flury commented the I.T. Parker Community Center has been renovated and looks great. She congratulated the Parks and Recreation staff, and Kurt Ely, Chairman on the Parks and Recreation Board and the I. T. Parker Board. Mayor Flury advised she attended the 81h Annual Marine Summit, and noted they have expanded and now include Broward, Palm Beach and Monroe Counties. She mentioned there is a considerable amount of FIND money available and would like the City Manager to try to obtain some funds for our Marina. City Manager Pato reported some surveys have already been conducted in order to have documentation ready to submit in the next round of grant applications. Mayor Flury thought it was time to proceed with the recommendations made by the Neighborhood Improvements Advisory Board and would like a status report from staff. She noted a list was given to the Commission in June and she would like to know if any work has begun. Mayor Flury added she was hoping some of these projects would not be done in-house and requested City Manager Pato to bring a progress report at the first meeting in November. City Manager Pato responded staff is in the final stages of doing the numbers after the CPTED studies were concluded. Mayor Flury was not sure whether to make any comments about this morning's meeting to select • someone to fill the vacancy of Commissioner McElyea's position. Commissioner Castro thought the Commission should wait until the interested parties have been notified about today's proceedings before any public comments are made about any names. Mayor Flury commented that the Commission decided to establish criteria, such as: those who would be running in the March Election should be eliminated, as well as any candidate who had not previously served on a City Board. She added that former Commissioner Bob Mikes was also eliminated because he had not completed the full two years required by the City Charter. Mayor Flury further advised that the consensus of the Commission was to have the remaining candidates come for a brief presentation on Thursday, October 12, 2006, at 6:30 p.m. 11. Discussion and Possible Action There were no discussion items at this meeting. 12. Appointments Commissioner Castro appointed Captain Robert C. Schmid, III to the Marine Advisory Board. Commissioner Bertino motioned to approve the Board Appointment; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday, October 10, 2006—7:00 p.m. • Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes 13. Administrative Reports 13.1 City Manager City Manager Pato had no additional comments. 13.2 City Attorney City Attorney Ansbro asked for Commission direction regarding the acquisition of Victory Villas. He explained that the property consists of two parcels to be sold as one, however, the seller is having problems with deed-restriction on the residential piece which will not be available for sale in the near future. City Attorney Ansbro further noted that he asked the seller to sell the office property and whatever parking he could offer, mainly for BSO use. The price set by the seller was $1M, claiming that the office property is the most valuable; he also offered to sell some furniture. City Attorney Ansbro indicated that, although the price is to be negotiated, he would recommend the Commission offer to buy it, subject to two appraisals, to see if it would be lower than the asking price, and if not, they can walk away. Secondly, he suggested asking the seller for an option on the other property that once the restrictions are removed, we have the option to purchase it for the balance of the price. Commissioner Bertino thought we should get two appraisals and let the City Manager negotiate the price, and have the first right of refusal on the other portion. City Attorney Ansbro further advised that staff will work with Director Leeds and BSO to make sure there is adequate parking. The Commission unanimously agreed with the City Attorney's recommendations. City Attorney Ansbro advised we are moving forward with the enforcement of the Adult Entertainment Ordinance and courtesy notices have been sent to the four businesses that we think qualify, although it has not been demonstrated that they do. He noted they would have to go before the Special Magistrate, but a meeting date has not been set. City Attorney Ansbro added that the owner of the Fantasy Lounge has engaged an attorney who has decided to sue the City for injunction, damages, and declaratory relief. He will keep the Commission informed of the outcome of these litigation issues. Mayor Flury confirmed with the City Attorney that our Ordinances are strong enough. She added that eliminating these type of operations in the City is essential and recommended, if necessary, looking for some outstanding counseling who specializes in these matters. • City Attorney Ansbro noted our Ordinance is completely defensible. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday, October 10,2006—7:00 p.m. • 13.3 City Clerk—Reminders Thursday, October 12, 2006—6:30 p.m. - Continuation of Special Meeting Commission Vacancy Tuesday, October 24, 2006 —7:00 p.m. —Regular City Commission Meeting Wednesday, November 1, 2006— 5:30 p.m. —Regular CRA Board Meeting Tuesday, November 14, 2006— 7:00 p.m. —Regular City Commission Meeting Thursday,November 16, 2006—6:00 p.m. —Abatement Hearing City Manager Pato confirmed for Mayor Flury that the CRA Board Meeting Agenda would include the first draft of the marketing piece they are developing. 14. Adjournment Mayor Flury adjourned the meeting at 8:38 p.m. CITY OF DANIA BEACH ATTEST: PATRICIA FLURY leu&roMAYOR-COMMISSIONER LOUISE STILSON, CMC CITY CLERK Approved: October 24, 2006 Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday, October 10, 2006—7:00 p.m.