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HomeMy WebLinkAbout2006-08-08 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, AUGUST 8, 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 Mayor Flury called for a moment of silence 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 C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Presentation by Calvin, Giordano & Associates, Inc. on the SE 2nd Avenue/SE 3rd Street Neighborhood Traffic Study; SW 2nd Avenue Traffic Study Scott Bruner, Director of Transportation Engineering and Planning for Calvin, Giordano & Associates, presented an overview of the Sheridan Street &SW 2nd Avenue Traffic Study. This study prohibited the eastbound to northbound left turns and the sidestreet left turns in order to assess the feasibility of implementing select turning restrictions at the subject intersection to reduce traffic intrusion into nearby neighborhoods. The study concluded that traffic on SW 2nd Avenue was high for a residential area. The recommendation was to pursue the permanent installation through FDOT permit as a safety enhancement project. Mr. Bruner noted the SE 2nd Street/SE 3rd Avenue Study was to evaluate existing neighborhood traffic intrusion in terms of speed and traffic volume. He stated the volumes and speed made it apparent that there is traffic intrusion in the study area. He proposed three options: 1) do nothing, leave it the way it is, 2) carefully select a few spot treatments, which would not comprehensively address the problems, or 3) totally cordon off the whole quadrant. He stated if we defeat all the other routes then we might have more of a comprehensive approach, and noted that spot treatments would not help. Their recommendation was to consider one of the three alternatives. Mayor Flury commented that she hoped for recommendations for the entire area. She noted we would make this a part of the larger neighborhood study. Vice-Mayor Anton requested the City Manager push the issue, particularly in the SE area. Commissioner Castro mentioned we need to look at 5th Avenue when we look at the total neighborhood. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments C. Randall Arline, 4696 SW 35`h Avenue, noted he sent emails to the Commissioners regarding dockside fuel delivery. He stated Dania is the only City in Broward, Palm Beach, Miami-Dade, Charlotte, Lee, and Collier Counties that has an Ordinance against receiving dockside fuel delivery. He asked the Commission to amend the Ordinance so they may receive this service. He researched with the Fire Marshal for the City in which he works, and was assured it was not a fire safety code issue. Vice-Mayor Anton asked the City Manager to instruct staff and the Fire Chief to look at this issue because different codes were quoted in the emails. He asked for information from other cities, and has researched the matter himself. He found someone that delivers diesel fuel only, they do not deliver gas because they cannot get insurance to deliver gas. Mr. Arline responded most companies only deliver diesel, but there are 5-6 companies on the west coast that deliver gas. He stated he emailed the list to the Fire Chief. He indicated he always got fuel before, but was now told they could not deliver to Dania,because of the City Ordinance. Mayor Flury clarified for the public that 3-4 years ago this subject was addressed because large tankers came through the residential neighborhoods. She stated people do not like the tankers in their neighborhood, and she will be hard pressed to change the Ordinance. She stated we would need input from the residents that would have to put up with the gas tanks coming into the neighborhoods. Fire Chief Ken Land noted he called the carriers and was told they deliver mostly to commercial accounts. He stated most cities that allow fueling ask for permits. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,August 8, 2006—7:00 p.m. wVice-Mayor Anton requested a written report and breakdown of what other cities are doing. Commissioner Bertino commented that one problem was gasoline was overflowing into canals and causing pollution. Commissioner McElyea commented that a loaded tanker is heavy on the roadways. Annette Hibbits, 26 SW I Vh Street, addressed street closures in her neighborhood. The problem on 2nd Avenue was created with the closure of 41h Avenue, 3rd Avenue, and 11'h through 15`h Streets. She stated she lives in a gridlock and fire trucks have problems turning on I Ph Street. She indicated she now has to travel in the alleyways, and go out of her way when leaving and returning to her home. 7. Consent Agenda Items removed from Consent Agenda: #7.3, #7.5 7.1 Minutes: Approve minutes of Special Meeting of July 20, 2006 Approve minutes of Abatement Hearing of July 20, 2006 Approve minutes of Regular City Commission meeting of July 25, 2006 Approve minutes of Special Meeting of July 26, 2006 7.2 Request by Sylvia Sabrina Mitchell, d/b/a Sylvia Sabrina Mitchell, for renewal of an occupational license for a Palmistry/Fortuneteller license for property located at 2511 Stirling Road 7.3 Request by Jay Kodner for renewal of an occupational license for an Auctioneer license for property located at 45 S. Federal Highway Vice-Mayor Anton questioned if there were any Code issues. Laurence Leeds, Director of Community Development, responded there were no issues. Vice-Mayor Anton motioned to approve the renewal of the occupational license for Jay Kodner; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,August 8,2006—7:00 p.m. Resolutions 7.4 RESOLUTION#2006-136 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES IN AN AMOUNT NOT TO EXCEED $8,444.00 TO REPAIR AND REPLACE FENCES LOCATED AT CHESTER BYRD PARK THAT WERE DAMAGED DURING THE 2005 HURRICANE SEASON, FROM BONAVENTURA FENCE COMPANY, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2006-121 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REAPPOINTING THE LAW FIRM OF MOSKOWITZ, MANDELL, SALIM & SIMOWITZ, P.A., AS SPECIAL COUNSEL TO THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY TO PERFORM CERTAIN SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from July 25,2006) City Attorney Ansbro read the title of Resolution #2006-121. Commissioner Bertino questioned changing to an hourly rate. City Attorney Ansbro responded the hourly rate is $250/hour; a reduced retainer would be $3,000/month. He recommended the hourly rate. Commissioner Bertino motioned to approve Resolution #2006-121, as amended to reflect the hourly rate; seconded by Commissioner Castro. The motion carried on the following 5- 0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Commissioner Castro motioned to approve the Consent Agenda, with the exception of Items #7.3 and #7.5; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes S. Bids and Requests for Proposals There were no proposals at this meeting. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,August 8, 2006—TOO p.m. 9. Public Hearings and Site Plans 9.1 ODINANCE #2006-028 AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORIDA,PERTAINING TO CHAPTER 22, "STREETS AND SIDEWALKS" OF THE CITY CODE OF ORDINANCES; REPEALING SECTION 22-61 OF THE CITY CODE OF ORDINANCES AND CREATING A NEW SECTION 22-61, ENTITLED "ENFORCEMENT", RELATING TO ENFORCEMENT OF THE CITY NEWSRACK ORDINANCE; AMENDING SECTION 22-62, ENTITLED "APPEALS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2006-028. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2006-028, on second reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.2 ORDINANCE#2006-029 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CREATING ARTICLE 32, TO BE ENTITLED "MARINA MILE (MA-1) DISTRICT" OF CHAPTER 28, "ZONING", OF THE CITY CODE OF ORDINANCES, TO PROVIDE FOR PERMITTED USES, SPECIFIC EXCEPTION USES, REQUIRED CONDITIONS AND AREA REQUIREMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-029. Laurence Leeds, Director of Community Development, advised the Ordinance creates/allows use consistent with the previous County zoning and only applies along the State Road 84 corridor. Mayor Flury opened the Public Hearing. Margaret Crockston, Director of Marine Mile Association, stated they have been waiting six long years for this change. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,August 8, 2006—7:00 p.m. • Vice-Mayor Anton motioned to approve Ordinance #2006-029, on second reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.3 ORDINANCE #2006-026 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY BONNIE L. MISKEL OF RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. ON BEHALF OF JOHN E. SABTY, MANAGER OF WSSA FLORIDA, LLC., FOR THE "WSSA FLORIDA, LLC" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED ON THE EAST SIDE OF NE 7T" AVENUE BETWEEN TAYLOR ROAD AND ELLER DRIVE, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT ."A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "WSSA FLORIDA, LLC" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2006-026. Laurence Leeds, Director of Community Development, advised this is vacant property located east of the Airport and abuts industrial zoned property on all three sides, with Port Everglades to • the rear. This is the first step of the development process for a proposed US Border Patrol facility. The proposal is currently not allowed under our Zoning Code. He noted the proposal would be a Lease-Hold and the property would be owned by a private individual and the US Government would lease it for 10-20 years. Nectaria Chakas, Attorney with Ruden McClosky, representing the applicant, advised their client is a developer who would lease the site to the US Government, Department of Homeland Security, as a Border Patrol. The site is desirable because of its proximity to the Airport and Port. Tonight's request is a Plat for office use which is consistent with the zoning and land use. They will eventually need code and text amendments for the site plan. She clarified this would be a lease-hold, and the government does not own the site. Commissioner Bertino explained that as a lease-hold it would be taxable, but should the developer sell it to the government after it is developed it would become non-taxable. City Attorney Ansbro indicated we could seek payment in lieu of taxes by the landowner, which would need to be incorporated into the approval. Mayor Flury stated the property needs to stay on the taxroll forever. Attorney Chakas noted the Commission's concerns and will address it. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,August 8,2006—7:00 p.m. ® Vice-Mayor Anton is concerned with the large size of the holding area. He questioned what assurances we had that this would not become a permanent holding facility. He does not want a holding facility and the problems that come with it. Attorney Chakas responded this was a concern raised by staff, she said they will propose a text amendment to entail a restriction on how long they could detain people at that location. She does not know if this location is to substitute the Pembroke Pines site, or to provide an additional facility. Vice-Mayor Anton recommended someone contact Pembroke Pines to see if they have any issues or problems with their site. Mayor Flury stated a representative from the Border Patrol needs to come to the meeting to answer the Commission's questions. Mayor Flury opened the Public Hearing. Teddy Bohanan, 312 SW 15th Street, stated money is badly needed in Dania, so we can't give away the store. She is upset with things that are going on in Dania Beach. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Bertino commented the facility should be placed somewhere else because it will have no spin-off business for the business community. He feels this will be a holding facility for the government, and is not a positive thing for Dania Beach. Commissioner Bertino motioned to deny Ordinance #2006-026; seconded by Commissioner McElyea for discussion. Commissioner Castro commented she sees the possibility of jobs and spin-off business for other businesses in Dania Beach. She thought we could build in protections to prohibit turning the site into a holding facility. She would like a chance to think about the overall consequences to the City. She would also like to have the applicant and the owner of the property at the next meeting to talk about their commitment. She commented we are at the crossroads of border protection; we have illegal people coming in on airplanes and ships everyday. She feels she does not have enough information. Commissioner Bertino commented let them go to the airport if it is for Homeland Security. Mayor Flury commented we need more information, and we need assurance that it will stay on the taxroll. Commissioner McElyea suggested deferring this until the next meeting. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,August 8,2006—7:00 p.m. ® Attorney Chakas commented tonight's request is for a plat for office use; it is not specific to the Border Patrol facility. The motion failed on the following 2-3 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton No Commissioner Castro No Mayor Flury No Commissioner McElyea Yes Vice-Mayor Anton motioned to defer Ordinance #2006-026 until the City Commission meeting of August 22, 2006 at 7:00 p.m., and for a representative from the Border Patrol and the developer to attend the meeting, and for an opinion from our legal staff, and for information from staff regarding the Pembroke Pines facility; seconded by Commissioner Castro. Director Leeds commented one of the conditions in the proposed zoning text change is to limit the duration of the temporary detention. He would like a determination from the City Attorney as to how we enforce this type of condition. Commissioner Castro suggested also trying to limit the number of people. Director Leeds noted we would put a limit in the Ordinance on the floor area. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea No 9.4 ORDINANCE#2006-024 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY STEVEN SINGER, PRESIDENT, ON BEHALF OF T J&F—RAVENSWOOD, INC.,FOR THE"DEZII"PLAT, SUCH PROPERTY BEING LOCATED AT 5481 RAVENSWOOD ROAD, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "DEZII" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-024. Laurence Leeds, Director of Community Development, advised the plat is for an office building, and the Planning and Zoning Board recommended approval. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,August 8, 2006—7:00 p.m. Commissioner Bertino motioned to adopt Ordinance #2006-024, on second reading; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.5 ORDINANCE #2006-025 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING OF PROPERTY GENERALLY LOCATED AT THE NW CORNER OF STIRLING ROAD AND (UNIMPROVED) SW 19TH COURT — LOCATED ON THE NORTH SIDE OF STIRLING ROAD WEST OF I-95, DANIA BEACH,FLORIDA,AND LEGALLY DESCRIBED IN EXHIBIT"A",A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM IROC (INDUSTRIAL RESEARCH OFFICE COMMERCIAL), TO IROM (INDUSTRIAL RESEARCH OFFICE MARINE); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-025, Resolution #2006-132, Resolution #2006-133, Resolution #2006-134, and Resolution #2006-135 because they all relate to the same matter. City Attorney Ansbro advised the items were quasi-judicial matters and swore-in all who would speak. He asked the Commission to disclose any communication they had on these matters. Mayor Flury noted she spoke to someone two years ago. Commissioner McElyea noted he spoke to someone by telephone. Corinne Church, Principal City Planner, noted the property is currently vacant, with an industrial zoning (IROC). The request is to change the zoning to IROM which allows self-storage by special exception. 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 Ordinance #2006-025, on second reading; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.6 RESOLUTION#2006-132 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION REQUEST SUBMITTED BY BONNIE MISKEL, OF THE LAW FIRM OF RUDEN MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A., REPRESENTING GARY HELDENMUTH, OWNER OF STIRLING SHELL, Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,August 8,2006—7:00 p.m. LLC, TO CHANGE THE RESTRICTIVE NOTE ON THE PLAT KNOWN AS THE "LETO PARK" PLAT; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Corinne Church, Principal City Planner, advised this would change the note on the plat. Currently the plat is restricted to 12,000 square feet of commercial use; the applicant is requesting 96,872 square feet of storage and 3,472 square feet of retail. Mayor Flury opened the Public Hearing. Pete Leto Jr., representing the owners of the property to the north and west of the subject site, expressed his concerns because the attorney was supposed to read conditions they agreed upon into the evidence. Director Leeds advised the appropriate time would be during the Special Exception. 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 #2006-132; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.7 RESOLUTION#2006-133 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY BONNIE MISKEL, OF THE LAW FIRM OF RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A., REPRESENTING GARY HELDENMUTH, OWNER STIRLING SHELL, LLC, FOR PROPERTY LOCATED AT THE NW CORNER OF STIRLING ROAD AND (UNIMPROVED) SW 19TH COURT, (ON THE NORTH SIDE OF STIRLING ROAD WEST OF I-95), DANIA BEACH; FOR A SPECIAL EXCEPTION TO ALLOW A SELF-STORAGE USE IN AN "IROM" ZONING DISTRICT; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Corinne Church, Principal City Planner, advised the Special Exception is to allow the use of a self-storage facility. The surrounding uses are industrial; the Planning and Zoning Board recommended approval with conditions. Mayor Flury opened the Public Hearing. Nectaria Chakas, Attorney representing the applicant, read the agreement with the neighboring property owner into the record. 1. They are going to provide additional landscaping in the rear of the property. They will be adding at least 4 palms that will be 20' in height at planting. 2. They will be closing off the proposed wall to prevent people from dumping on the neighboring property. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,August 8,2006—7:00 p.m. 3. They will construct a 5' sidewalk along 19`h, within the 12' utility easement. ® 4. They will install a waterline that will extend in the utility easement to the neighboring property line. The waterline would be paid by Mr. Leto. 5. They will be constructing the road, which is shown on the site plan. Pete Leto Jr. noted they will supply the pipe for the waterline, but the developer will pay for the installation prior to the C.O. He supports the project providing they do everything they say they will do prior to receiving their Certificate of Occupancy. 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 #2006-133, with conditions; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.8 RESOLUTION #2006-134 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY BONNIE MISKEL, OF THE LAW FIRM OF RUDEN, MCCLOSKY, SMITH, SCHUSTER & ® RUSSELL, P.A., REPRESENTING GARY HELDENMUTH, OWNER STIRLING SHELL, LLC, FOR PROPERTY LOCATED AT THE NW CORNER OF STIRLING ROAD AND (UNIMPROVED) SW 19TH COURT(ON THE NORTH SIDE OF STIRLING ROAD WEST OF I-95), DANIA BEACH FROM CHAPTER 28, "ZONING", ARTICLE 6.21 "OFF-STREET PARKING", ARTICLE 18 IROM, SECTION 18.60, "AREA REQUIREMENTS", AND CHAPTER 26, "VEGETATION", ARTICLE IV, "LANDSCAPING"; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Corinne Church, Principal City Planner, advised 3 variances are required. One for 26 self- storage parking spaces; Code requires 122. She noted they meet the parking requirements for retail; unfortunately, our Code does not have a self-storage parking calculation. She said there is a storage facility on Griffin Road that received a parking variance for 1 space for 2,400 square feet and it seems to work well. She noted they do not see a significant problem with this reduction. They do want to restrict the retail which is one of the conditions recommended by the Planning and Zoning Board. The second variance is for a setback to the rear property line. The third variance is to provide a one foot landscape buffer at the south property line. She noted a two foot vehicle overhang is provided and will be greenspace. The landscaping will be between 3-10 feet along Stirling Road. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Resolution #2006-134, with conditions; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Minutes of Regular Meeting 1 1 Dania Beach City Commission Tuesday, August 8,2006—7:00 p.m. Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.9 RESOLUTION#2006-135 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY BONNIE MISKEL, OF THE LAW FIRM OF RUDEN, MCCLOSKY, SMITH, SCHUSTER& RUSSELL, P.A., REPRESENTING GARY HELDENMUTH, OWNER STIRLING SHELL, LLC, FOR PROPERTY LOCATED AT THE NW CORNER OF STIRLING ROAD AND (UNIMPROVED) SW 19TH COURT (ON THE NORTH SIDE OF STIRLING ROAD WEST OF I-95), DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Corinne Church, Principal City Planner, noted the waiver is for the pervious area. The waiver is necessary because of the dedication for the sidewalk. The Planning and Zoning Board recommended approval with conditions. Mayor Flury opened the Public Hearing. Pete Leto Jr. commented that Mr. Hill was supposed to give up his 30' when he plats the property. Attorney Chakas reiterated that they have agreed to all the conditions for approval, including the ones she read into the record. She believes they have done everything the Leto's and the City asked of them. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner McElyea motioned to adopt Resolution #2006-135, with conditions and recommendations; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.10 RESOLUTION#2006-122 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA, APPROVING A REQUEST SUBMITTED BY BEACON INVESTMENT PROPERTIES LLC,REPRESENTING PROPERTY OWNER ARCHIBALD WEINER, SR., FOR A SPECIAL EXCEPTION TO ALLOCATE 280 LOCAL ACTIVITY CENTER ("LAC") DWELLING UNITS TO CONSTRUCT A RESIDENTIAL DEVELOPMENT FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF DANIA BEACH BOULEVARD AND GULFSTREAM ROAD (INCLUDING WEINER'S MOBILE HOME PARK 801 EAST DANIA BEACH BOULEVARD),DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-122 and Resolution #2006-123 because they relate to the same matter. He swore-in everyone who would speak on this matter and asked the Commission to disclose any communication they had on this matter. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,August 8,2006—7:00 p.m. Commissioner Castro, Commissioner Bertino and Vice-Mayor Anton noted they were contacted by the applicant. Laurence Leeds, Director of Community Development, advised the applicant has requested a special exception to construct a mixed use residential development. The development will consist of up to 280 residential units on 5 gross acres. A height variance is also requested. The property is currently occupied by 50 mobile homes and recreational vehicles. He wants the applicant to address the issue of relocation of the residents. He noted that the Planning and Zoning Board recommended approval subject to conditions. Nectaria Chakas, Attorney for the applicant, assured the Commission that the developer would comply with Florida Statutes for mobile home residents and owners. They will keep the homeowners apprised of the progress of the project. She indicated they are approximately 6 months away from site plan approval. They also need an additional 6 months to prepare construction drawings. Commissioner Castro commented that previous developers in Dania Beach have exceeded the amount paid for relocation this is required by State Statute, and offered relocation services and other benefits to help ease the transition. Ariel Bintada, Developer, stated it may be 2 years before they break ground. They plan to comply with the laws and to provide as much assistance as they can. They will do their best to please the community. Scott Bakos, Architect, stated their goal is to be very sensitive towards the neighborhood and comply with the CRA guidelines. They are in support and willing to comply with all the conditions that are set aside as part of this approval for the special exception and variances. They have no objection to the conditions. They look forward to returning in 6 months with a design package that will answer the questions for this size of development. Mayor Flury opened the Public Hearing. Patty Hart, President of the NE Neighborhood Association, noted she spoke with the President of Sea Oaks; she tried to contact the President of the townhomes, but there was no one that she could speak to. The Presidents of Sea Oaks were very excited about this; they are tired of their parking lot being used for drugs and prostitution. Jean Berg, 801 E. Dania Beach Boulevard #38, mobile home owner on the site, stated she and others had no idea this was on the agenda until they read it in the newspaper today. She stated they need to know the length of time, and if they will be compensated. She wondered why they were not contacted or informed. She and others invested in new homes after Hurricane Wilma. She said Bill Weiner gave her a verbal assurance before she purchased the mobile home that the property was not being sold. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, August 8,2006—7:00 p.m. Mayor Flury indicated that the firm of Ruden McClosky represented another redevelopment of a mobile home park. She suggested they share Mr. Carr's protocol with the developer. Darcy Atwater-Bennorrick stated she is familiar with State Statute 723 because she just bought a home at Weiner's because she lost a mobile home in Hollywood due to redevelopment. She advised the compensation for a single-wide is $1,375, and $2,750 for a double-wide. She questioned if the owner of the mobile home park was deceased. Attorney Chakas responded the owner is a trust. Ms. Atwater-Bennorrick asked if the zoning change occurs before or after the residents are to be relocated. City Attorney Ansbro responded that relocation is required only when there is a rezoning; and there is no rezoning involved. James Walsh commented there are endangered monkeys in the trailer park, as well as raccoons, squirrels, cats and dogs. This area is a community of Dania Beach, and Dania Beach used to be a great little place. Katie Daniels, member of the Country Squire Townhouse Association, is concerned with the traffic situation with all the development in Dania Beach. She questioned if studies would be done. Mayor Flury responded traffic studies are currently underway. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner McElyea motioned to adopt Resolution #2006-122, with conditions; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.11 RESOLUTION#2006-123 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY BEACON INVESTMENT PROPERTIES LLC, REPRESENTING PROPERTY OWNER ARCHIBALD WEINER, SR. FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORDER OF DANIA BEACH BOULEVARD AND GULFSTREAM ROAD (INCLUDING 801 EAST DANIA BEACH BLVD.), DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ® Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,August 8,2006—7:00 p.m. Commissioner McElyea motioned to adopt Resolution 42006-123, with conditions; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.12 RESOLUTION#2006-130 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A SPECIAL EXCEPTION REQUEST BY MEHRAN CORPORATION ON BEHALF OF THE PROPERTY OWNER, THE EVANGELIA GLARENTZOS' REVOCABLE LIVING TRUST, FOR PROPERTY LOCATED AT 1502 SOUTH FEDERAL HIGHWAY (COMMUNITY REDEVELOPMENT AREA), DANIA BEACH, FLORIDA, TO ALLOW SIGN FABRICATION AND A SIGN PRINTING STUDIO IN A C-3 (COMMERCIAL) ZONING DISTRICT, AS PROVIDED FOR IN CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF USE REGULATIONS"; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-130. He swore-in everyone who would speak on this matter, and asked the Commission to disclose any communication they had on this matter. Corinne Church, Principal City Planner, advised the site is currently a Sign Shop on Federal Highway; it is commercially zoned; it is in the CRA; and the principal arterial design standards apply. The Special Exception is to allow sign fabrication and a sign printing studio. An Occupational License was granted in 2004 for a computer graphic design office and retail print shop. Code Enforcement determined the shop was used for commercial outdoor sign fabrication. The Planning and Zoning Board recommended approval provided there is no outdoor storage, including the bucket truck. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Mayor Flury commented this is an extremely unattractive site, and she is not in favor of extending the permitted use unless the site is cleaned up. The applicant noted he has plans to landscape, and asked for 30 days to do the work. Laurence Leeds, Director of Community Development, commented the monument sign on the site meets Code. He indicated the Commission can make him remove the signs on the building as a condition of approval. He suggested allowing 30-60 days for the landscaping, and would like more information on the landscaping. Mayor Flury responded she would leave it to Mr. Leeds to assure that there is a landscaping plan that is acceptable. She suggested holding up the approval until we have a landscape plan. Director Leeds noted the applicant is currently in the building; he would require the applicant to bring in a landscape plan within 30 days, and install landscaping within 60 days; he would also Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,August 8,2006—7:00 p.m. have the applicant comply with the Sign Code and remove all the window signs from the glass. He stated if the Commission denies the request, the applicant would need to vacate the premises within 60 days. Commissioner Castro motioned to adopt Resolution #2006-130, with the conditions for the landscape and that the signs meet Code within 60 days; seconded by Commissioner Bertino. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton No Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.13 RESOLUTION#2006-131 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED BY EDUARDO L. CARCACHE, CKE GROUP, INC. REPRESENTING BANK ATLANTIC, FOR PROPERTY LOCATED AT 402 EAST DANIA BEACH BOULEVARD, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-13L He swore-in all who would speak on the matter. Commissioner Castro noted that she had been contacted by the applicant. Laurence Leeds, Director of Community Development, advised the application is to construct a Bank on the out-parcel of the Publix Shopping Plaza. He noted no variances or special exceptions are required; the use is permitted by Code, and meets all requirements. The Planning and Zoning Board recommended approval. Vice-Mayor Anton requested an update on the traffic light at SE 51" Avenue and Dania Beach Boulevard. Dominic Orlando, Director of Public Services, advised the design is complete; they are waiting for the easement from Boyd Gaming. Calvin Giordano is starting the easement survey; Kimley Horn is doing the design for the light. We are on target to have it installed before the end of this year. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Resolution #2006-131; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday, August 8, 2006—7:00 p.m. ® 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino commented on the City's competitive bidding process. He indicated if we continue to circumvent the Ordinance, we should do away with it. He reminded everyone to drive carefully because kids are back in school. 10.2 Commissioner Castro Commissioner Castro thanked the Shriners and the Masons for the Back to School Parade that was held last weekend. She reminded people to trim their trees during hurricane season and to make sure they have enough supplies on hand. She commented that Calvin Giordano was in Melaleuca Gardens surveying for the water line. She thanked and commended BSO for their community contacts this week. 10.3 Commissioner McElyea Commissioner McElyea noted the property at 202 NE 3`d Place is overgrown. 10.4 Vice-Mayor Anton ® Vice-Mayor Anton commented he received a number of complaints for the Car Show because bikes attended. He thought the issue had been resolved and that bikes were allowed to set up and attend the show. He noted the Griffin Civic problem regarding office space has also been resolved. He also asked everyone to drive carefully because kids are back in school. Commissioner McElyea noted that a lady on 91h Street has trash in her front yard and has called him 3 times. He indicated we need to help her. Vice-Mayor Anton noted the boat was given a 30 day extension to be moved; the issue with the garbage is there is no Ordinance that covers it, and he has been talking to staff about it. Another issue is there is no swale area in front of the homes and it results in parking issues. Bryan Cowart, BSO Chief, advised he met with the neighbors two weeks ago. He indicated she has disputes with several neighbors and they are monitoring the situation carefully. 10.5 Mayor Flury Mayor Flury commented before the Commission vacation we discussed the Beach bathrooms; she thought we were supposed to bring an estimate of repair versus replacement. City Manager Pato responded the City Attorney is working on an RFP. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,August 8,2006—7:00 p.m. City Attorney Ansbro responded Vice-Mayor Anton and the City Manager met with FAU to discuss an agreement to let us stay there until 2045. He commented if the Commission says not to worry about FAU and get the bathrooms fixed, we will proceed with the bid process. Mayor Flury commented the bathrooms are essential. City Manager Pato commented we need to get quotes. He told the City Attorney to advertise. Mayor Flury commented on the listing on the Neighborhood Improvements project the City Manager distributed to the Commission. She stated this needs to be turned over to staff for implementation. City Manager Pato will bring back a Resolution authorizing the issuance of the Bond moneys to pay for the projects. Mayor Flury reminded the public that tethering of dogs is against the law, and to call BSO if you see it happening. Mayor Flury is concerned about the Harbour Towne area; it is terrible. The roadway to the I.T. Parker Center is blocked; they are constructing things they shouldn't be constructing; they are putting up boat racks; they are repairing an existing boat rack; and all their building materials are in the street. She indicated the parking spaces have permanent structures and boats. City Manager Pato responded he will be there in the morning to assess the situation. 11. Discussion and Possible Action 11.1 Discussion of Proposed City Commission Policy Manual The Commission concurred the Policy Manual was a good idea and would be a valuable document. The consensus of the Commission was to bring a Resolution forward at the next meeting to adopt the Policy Manual. 11.2 Discussion of use of I.T. Parker Trust Funds for additional construction renovations at I.T. Parker Community Center Kristen Jones, Director of Parks and Recreation, provided a memo with the proposed additions. Kurt Ely, Chairman of the I.T Parker Advisory Board, commented additional improvements are needed that were not part of the original plan. He proposed installing a construction approved material that looks like carpet; installing new ceilings, electrical, and fixtures; the foyer needs to be upgraded with ceiling lights; a new bar will be installed; and upgrading to a better carpet than requested in the original proposal. He noted money is still available from the surplus from the project. Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,August 8, 2006—7:00 p.m. Director Jones indicated the items highlighted in the memo would be funded from the I.T. Parker Trust Fund. The original project was $96,000, but the bid came in lower and resulted in a $20,000 surplus. She asked for $31,070 from the I.T. Parker Trust Fund. Commissioner Bertino motioned to approve the additional work, waiving the bidding process, and funding $31,070 from the I.T. Parker Trust Fund; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Commissioner Bertino suggested the City set up a Sinking Fund from the rents received from the I.T. Parker Center. Mayor Flury suggested this be discussed at the next Budget meeting. Commissioner McElyea commented that N. Park Street was renamed Hill Street in 1995. The sign has been missing for a long time and he wants it replaced. Commissioner Castro noted we need to put an order in with Broward County to replace the sign. 0 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Pato asked Director Leeds to provide an update on the community meetings that were held for the CRA district. Mayor Flury responded this should be done at a CRA meeting. Director Leeds asked if the Commission wanted the same notices sent for the CRA meeting. Mayor Flury responded yes. 13.2 City Attorney City Attorney Ansbro advised that Victory Village wants a closing date of October 31, 2006, with an option to postpone the closing date for 30 days. Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday, August 8,2006—7:00 p.m. The Commission concurred on the request. 13.3 City Clerk—Reminders Tuesday, August 22, 2006— 7:00 p.m. —Regular City Commission Meeting Wednesday, September 6, 2006— 5:30 p.m. —Regular CRA Board Meeting Tuesday, September 12, 2006—7:00 p.m. —Regular City Commission Meeting Thursday, September 14, 2006— 7:00 p.m. —First Budget Public Hearing Wednesday, September 20, 2006— 7:00 p.m. — Second Budget Public Hearing Thursday, September 21, 2006 —6:00 p.m. —Abatement Hearing Tuesday, September 26, 2006— 7:00 p.m. —Regular City Commission Meeting 14. Adjournment Mayor Flury adjourned the meeting at 10:04 p.m. CITY OF DANIA BEACH ATTEST: PATRICIA PLURY MAYOR-COMMISSIONER LOUISE STILSON, CMC CITY CLERK Approved August 22, 2006 Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday,August 8, 2006—7:00 p.m.