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HomeMy WebLinkAbout29 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JUNE 13, 2006 - 7:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 7:03 p.m. 2. Invocation and Pledge of Allegiance Pastor Greg Kritz, Lighthouse Community 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 C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Election Law Changes and Search for Election Workers — Bob Adams, Supervisor of Elections Office Robert Adams, Representative from the Supervisor of Elections Office, noted they are in need of Election Day workers, Early Voting workers and persons to run the phone bank for several weeks. He provided telephone numbers for those interested in working for the Supervisor of Elections Office. Mr. Adams gave an overview of changes to the Election Law which have been implemented by the Legislature this year, these include: ® Absentee.voting deadlines have changed. Absentee ballots may be requested by calling 954-357-7055, through the Supervisor of Elections Office Website, or in writing. Mr. Adams remarked that those applying by mail must sign the application, otherwise it would not be accepted. 0 Early Voting now begins 15 days before the election and ends two days before the election. There will not be early voting on the Monday preceding the Tuesday Election date. Early voting will be held for both the September and November elections. a Counting ballots and posting Election results will now be done by precincts. m Voter Registration cards changed, on January I" of this year, to a statewide system and new cards have already been mailed out. They are no longer considered a form of identification, therefore, they no longer include the gender, race or signature. The Oath section on the Voter application form has also been changed. ® Voters must present photo and signature identification at the time of voting. ® The information on the Voter registration is public record, except for the Social Security number, Driver's License or Florida Identification; the voter's signature on the application can be viewed but not copied. ® Laws governing polling places now include a 100 foot buffer, and solicitation is not permitted within that area; no photography is allowed inside the polling room. ® Paper provisional ballots have been discontinued. o New regulations have been introduced regarding third party registration organizations; they must be registered with the State of Florida, and there are fines for certain violations such as delays in submitting the applications to the Supervisor of Elections Office whenever they do a registration drive. Mr. Adams advised the above information was available on the Supervisor of Elections Office Website (www.browardsoe.org). Mayor Flury thanked Mr. Adams for a very informative presentation. 4.2 Neighborhood Improvements Advisory Board Recommendations — Derrick Hankerson and George Jason George Jason, Vice-Chairman of the Neighborhood Improvements Advisory Board, advised that in June, 2005, the City Commission created a Board to make recommendations to the elected officials on how the $2 M General Obligation Bond should be allocated and expended. The Board distributed a Citizen Survey to residents within the City and the results were presented to the City Commission for their final decision. He thanked the Board members, as well as those involved in the preparation of the report. Mr. Jason also recognized the guidance provided by Commissioner Anne Castro, Bonnie Temchuk, Public Services Director Dominic Orlando, and Consultants Oscar Bello, Chen & Associates, and Fred Bloetscher. Derrick Hankerson, Chairman of the Neighborhood Improvements Advisory Board, presented a report on the findings of the Board. He explained that the City was divided into four quadrants and Board members were assigned to each quadrant to obtain input from citizens in the areas needing lighting, traffic calming devices, and installation of new sidewalks. Mr. Hankerson thought they received a good response from the residents and the results were incorporated into a spreadsheet listing neighborhoods, and the number of individuals requesting specific services to be provided by the Bond. Mayor Flury thanked all the members of the Neighborhood Improvements Advisory Board for Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. the work they performed for the City. She advised the next step would be to turn the information to the City Manager for costs. Mayor Flury further indicated the matter would be discussed at the Budget Workshop on July 26. Commissioner Castro thanked the Board for working hard on such a difficult task. 4.3 Update on Fire Station#93 —Michael Cassano, Deputy Fire Chief Michael Cassano, Deputy Fire Chief, presented an update on the progress of the Fire Station. He commented that dealing with 27 different County agencies to review the site plan, the Civil Engineering and Architectural drawings, has made it a lengthy process, however, he was pleased to announce that the plat would be presented to the County Commission at their second meeting in June. Deputy Fire Chief Cassano presented a timeline for the project to the Commission and indicated they are currently working on the building plans. He commended Community Development Director Laurence Leeds, Public Services Director Dominic Orlando and staff involved in the project. Deputy Fire Chief Cassano confirmed for Mayor Flury that the tentative construction start date would be during the first quarter of 2007, and that it would take about ten months to build the Fire Station. Mayor Flury suggested Deputy Fire Chief Cassano and City Manager Pato approach someone at the County level who could help move the project forward. 4.4 Update on Library City Manager Pato noted he and Commissioner Castro met with County Commissioner Rodstrom and Broward County Library staff to discuss possible sites. He further mentioned that the County proposed that we master plan the City Hall property, with all surrounding City owned properties for the Library. City Manager Pato commented the County is willing to set aside $100,000 to match the City's $100,000 to master plan the site. He asked the Commission for direction. Commissioner Castro remarked that County Commissioner Rodstrom was supportive of using County funds to help construct the Library. Mayor Flury asked if the City's matching amount of$100,000 could be taken from the Library Bond. City Attorney Ansbro advised we could use the Bond money for expenses related to the Library site only. He further indicated he is still researching to see if paid parking would be allowed on the City Hall site and surrounding properties. City Manager Pato confirmed for Commissioner Bertino that the County would not pay for the entire Library, however, they would be willing to contribute $300 per square foot up to 12,000 square feet, for building construction. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, June 13,2006—7:00 p.m. It was the consensus of the Commission to have City Manager Pato transmit the City Commission support to the County. 4.5 Certificate of Completion for the 2006 Advanced Institute for Elected Municipal Officials presented to Commissioner Anne Castro Mayor Flury presented Commissioner Castro with a Certificate of Completion for the Advanced Institute for Elected Municipal Officials. City Manager Pato asked Community Development Director Leeds to introduce the new Manager of the Code Enforcement Division. Director Leeds advised Nick Lupo has more than seven years of Code Enforcement experience. He further indicated that Mr. Lupo is currently updating the policies and procedures for processing Code Enforcement issues, in order to increase the number of cases to present to the Special Master. Director Leeds asked everyone to welcome Nick Lupo to the City. Nick Lupo, Code Enforcement Manager, noted it was an honor and a pleasure to serve the citizens of Dania Beach and expressed his commitment to provide the highest level of service. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments George Jason, 4549 SW 37 Avenue, thanked City staff for the assistance and support provided to him with the Hurricane Preparedness Forum which was held June I", in the City Commission Chamber at City Hall. Joe Van Eron, President, Triangle Village Civic Association, applauded the efforts of the Neighborhood Improvements Advisory Board. He stressed the fact that the intent of the bonds was for unfunded projects. He distributed to the Commission a copy of the letter submitted by their Association to the Neighborhood Improvements Advisory Board listing their requests, as well as the results of the CPTED Study performed in June 2005. Clare Vickery, 49 N. Federal Highway, presented a short video of the Arts and Antiques Festival held in Dania Beach on June 2-4, 2006. Mayor Flury recognized Ms. Vickery for doing a wonderful job on the event and thanked her on behalf of the City Commission and the citizens of Dania Beach. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. 7. Consent Agenda Items added to Consent Agenda: Revised Resolution #2006-102 Items removed from Consent Agenda: #7.3, #7.4, #7.5 7.1 Minutes: Approve minutes of Abatement Hearing of May 18, 2006 Approve minutes of Regular City Commission meeting of May 23, 2006 Resolutions 7.2 RESOLUTION #2006-099 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH STAFFING CONNECTION/ACTION LABOR MANAGEMENT, LLC FOR A PERIOD OF THREE YEARS,FOR AN AMOUNT NOT TO EXCEED $78,000.00 PER YEAR TO PROVIDE SCHOOL CROSSING GUARD STAFFING SERVICES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION #2006-098 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, EXPRESSING THE OFFICIAL INTENT OF THE CITY TO FINANCE A PROJECT KNOWN AS THE CITY HALL EXPANSION PROJECT BY INCURRING DEBT AND TO USE THE PROCEEDS FROM SUCH DEBT TO REIMBURSE THE CITY FOR EXPENDITURES MADE PRIOR TO THE SUCH DEBT BEING INCURRED; PROVIDING FOR PUBLIC AVAILABILITY FOR INSPECTION OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-098. Commissioner Bertino noted this item looked nebulous and vague. He mentioned he would rather see a budget indicating what the projects would be, how they would be developed, how much they would cost and how the City would fund them. City Manager Pato advised Director Varney suggested this action as a short term mechanism to move the project forward. He mentioned that the loan papers are being processed and should be finalized by the end of June. City Manager Pato further explained that the City needs to spend funds to move the City Hall Expansion project forward, and when the loan proceeds come to the City the money would be reimbursed. He clarified for the record that these are funds already budgeted and approved by the City Commission. Commissioner Bertino would like the sentence "for prior approved projects" incorporated into the Resolution. City Manager Pato agreed to be more specific in the future. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. Commissioner Bertino motioned to approve Resolution #2006-098,with the addition of"for prior City Commission approvals"; 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 7.4 RESOLUTION #2006-100 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH DRC EMERGENCY SERVICES, LLC., FOR DISASTER RECOVERY SERVICES UNDER A CITY OF TAMPA BID (RESOLUTION NO. 2006-371); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-100. Dominic Orlando, Public Services Director, confirmed for Commissioner Bertino that we would have Ashbritt as the first responder and would use DRC Emergency Services as a backup, in the event of a serious disaster. Commissioner Bertino motioned to approve Resolution 92006-100; 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 7.5 RESOLUTION #2006-102 Revised Resolution A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SETTLEMENT AGREEMENT BETWEEN THE CITY OF DANIA BEACH AND THE CITY OF HOLLYWOOD FOR PAYMENT OF $461,313 TO DANIA BEACH IN SETTLEMENT OF A DISPUTE REGARDING THE WASTEWATER EFFLUENT METER,AND PAYMENT OF $448,687 TO DANIA BEACH REPRESENTING DANIA BEACH'S SHARE OF THE DEBT SERVICE RESERVE, FOR A COMBINED TOTAL OF$910,000, AND CONDITIONAL PERMISSION TO BE GRANTED TO DANIA BEACH TO DISCHARGE MEMBRANE CONCENTRATE FROM THE PROPOSED DANIA BEACH MEMBRANE SOFTENING(NANOFILTRATION) WATER TREATMENT PLANT INTO THE SEWER SYSTEM; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the revised title of Resolution#2006-102. Commissioner Bertino would like to make sure this is the total amount we feel we have coming. City Manager Pato responded in the affirmative and added that City Attorney Ansbro has presented a revised version of the Resolution that clearly shows the final amount. He further commented that the City has been trying to settle this matter for a year and a half, and we have been able to negotiate and stick to the original figure. City Manager Pato recognized Director Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday, June 13,2006—7:00 p.m. Orlando's efforts to bring this matter to a successful end. Commissioner Bertino motioned to approve Revised Resolution #2006-102; seconded by Commissioner Castro. Vice-Mayor Anton indicated that in the future, whenever there is a legal matter involved, he would like to see the City Attorney's approval included, in the backup material. Commissioner Castro commended Director Orlando for bringing this long-awaited issue to a final settlement. Mayor Flury commented that the $910,000 would be incorporated into the Sewer Fund and she would not like to see water rates raised this year. She added that this matter would be discussed in detail during Budget time. 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 Ordinances (Title read by City Attorney) 7.6 ORDINANCE #2006-023 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF A SECOND AMENDMENT TO A LEASE AGREEMENT EXISTING BETWEEN THE CITY AND DANIA BEACH GRILL, INC., COVERING THE PROPERTY KNOWN AS THE DANIA BEACH GRILL AND MORE PARTICULARLY DESCRIBED IN THE LEASE; AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE LEASE BY THE APPROPRIATE CITY OFFICIALS TO PROVIDE THE TENANT AN OPTION TO RENEW THE CURRENT FIVE YEAR LEASE TERM FOR AN ADDITIONAL FIVE YEARS, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Vice-Mayor Anton motioned to approve the Consent Agenda, with the exception of Items # 7.3, #7.4, and 47.5; 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 8. Bids and Requests for Proposals There were no proposals at this meeting. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, June 13,2006—7:00 p.m. 9. Public Hearings and Site Plans Mayor Flury pulled Item #9.7 to the top of the Public Hearings. Item #9.1 was heard after Item #9.7 Mayor Flury advised Item #9.9 would be read and discussed with Item #9.1. 9.1 ODINANCE #2006-019 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 2-7 OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, WHICH PROVIDES A PER DIEM RATE OF TRAVELING EXPENSES FOR CITY COMMISSIONERS, THE CITY MANAGER AND THE CITY ATTORNEY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-019 and Resolution#2006-103. 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 Ordinance #2006-019, 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 42006-020 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 6 OF THE CITY CODE OF ORDINANCE, WHICH CHAPTER IS ENTITLED"BEACHES, PARKS AND RECREATION"; AMENDING SECTION 6-12 OF THAT CHAPTER TO CLARIFY THE PROHIBITION APPLICABLE TO THE OPERATION OF WATERCRAFT NEAR THE MUNICIPAL FISHING PIER AND, FURTHER TO PROHIBIT THE OPERATION OF WATERCRAFT WITHIN AREAS RESTRICTED TO SWIMMING BY SIGNS, BUOY MARKERS OR BOTH; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-020. 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 #2006-020, 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 0 Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. 9.3 ORDINANCE#2006-021 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 13 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "HEALTH AND SANITATION"; CREATING SECTION 13-75 TO BE ENTITLED "DUMPSTERS"; PROVIDING FOR THE REGULATION OF THE LOCATION AND CONSTRUCTION OF SUCH DUMPSTER (BULK CONTAINER) ENCLOSURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-021. Laurence Leeds, Director of Community Development, advised that this Ordinance is intended to clarify where dumpster enclosures are required, consolidate dumpster enclosure requirements, and provide an appeal process from the terms of the Ordinance. He noted that some changes were made since the first reading, one of them being the amortization period which will begin in 2008. Director Leeds added that appeals to the City Commission would only occur if the requirement to install a dumpster enclosure had to be waived. He noted that courtesy notices would be mailed to property owners 60-90 days prior to the effective date. Mayor Flury would like an ad placed in the Dania Beach Press so commercial property owners are aware of the new requirements, in case they are planning renovations to their businesses. Director Leeds indicated the Community Development Department would send courtesy notices to commercial property owners on Federal Highway and Dania Beach Boulevard notifying them of the provisions of the Ordinance. Mayor Flury opened the Public Hearing. Jay Field, 4501 SW 30th Way, expressed his concern about multi-family properties with less than ten units and the dumpsters on the side of the road. Mr. Field was also concerned about using PVC enclosures, and felt a flammable material should not surround a dumpster. Director Leeds advised that dumpsters on the side of the road are a code violation. He clarified that if there are less than 10 units, an enclosed dumpster is not required. Mr. Leeds commented he did not know what the flash point of PVC was, and although they do not encourage the use of PVC, there are rare instances when there is no room to install a concrete enclosure. Vice-Mayor Anton asked Director Leeds if some changes could be made for properties with less than 10 units, such as individual containers instead of dumpsters. Director Leeds noted the Commission could change the Ordinance if they so desired, however, there would not be enough parking. City Attorney Ansbro clarified that the contract with Waste Management required four units or less, to use roll outs; more than five units should use dumpsters. • Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, June 13,2006—7:00 p.m. Director Leeds commented City Attorney Ansbro would need to change the Ordinance in conjunction with the Waste Management contract. Commissioner Bertino thought if there was room, residential properties should install dumpster enclosures, if not, the contract with Waste Management should be changed to allow them to use roll outs. Commissioner McElyea agreed with Mr. Field that something should be done to keep the residential areas clean. Commissioner Castro thought this Ordinance should be passed in order to start the process and look at amending it further so other issues can be addressed. She requested Director Leeds bring back options at a future date. Joe Van Eron, 1500 SW 2nd Avenue, noted five units are considered commercial property and are not allowed City pickup, therefore they require some type of private carting. He thought the problem was in the residential areas and should be addressed. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2006-021, 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 9.4 ORDINANCE#2006-022 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE LOCAL COMPREHENSIVE PLAN TO ACCOMMODATE A REQUEST MADE BY LEIGH ROBINSON KERR AND ASSOCIATES, INC., TO REDESIGNATE FROM "COMMUNITY FACILITIES" TO "MEDIUM DENSITY RESIDENTIAL" (16 DWELLING UNITS / ACRE) PROPERTY LOCATED AT 4200 SW 54TH COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2006-022. Laurence Leeds, Director of Community Development, advised Sheridan House, an adolescent care facility; indicated they are planning to move the entire business to Davie and would like to change the land use designation from Community Facility to Medium Residential before placing the property on the market. He noted staff is recommending 12-13.5 units per acre, not the requested 16 units per acre, subject to the following requirements which would be applied to • subsequent property owners: Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, June 13,2006—7:00 p.m. • 1) Dedicate park land in accordance with the City Code requirements based upon the appraised value of the land, as per the approved density. 2) Dedicate sufficient funds to construct physical improvements to the park in accordance with Parks and Recreation Department recommendations. 3) Acknowledge and agree to rezone the property to PRD-1 concurrent with site plan review. 4) Townhouses shall be sold as condominiums or fee simple (HOA), with rentals limited to once per year. 5) Building height to be determined by the City as part of the PRD-1 rezoning/site plan process, provided no building shall exceed three stories in height. Director Leeds further indicated the applicant submitted a draft deed restriction which has been reviewed by the City Attorney. He commented the neighbors in the area are concerned about traffic because of the proximity to the Seminole Hard Rock Casino Parking Garage, and staff is suggesting that the prospective developer be asked to submit a traffic study. Director Leeds indicated the Planning and Zoning Board recommended approval of the land use plan amendment, subject to the above conditions. Laura Coffy, Attorney, Ruden McClosky, advised the applicant is willing to adjust the agreement as needed to cooperate with City staff. Commissioner Castro asked Attorney Coffy if they are planning to include the residents' comments in their proposed traffic study. She also asked BSO Chief Bryan Cowart if this street was included in the traffic study conducted last year. Attorney Coffy reaffirmed to the Commission that their traffic study would incorporate the residents' input with a view to finding a solution to the traffic problems they are currently experiencing. BSO Chief Bryan Cowart commented SW 54`h Court was included in the traffic study conducted last year and it was recommended that this street be closed just east of SR 7. He will resubmit his plan to the City Manager in the morning. Commissioner Castro suggested City Manager Pato contact Seminole Hard Rock Casino to request their participation in some of the expenses for street closures and landscaping. Mayor Flury opened the Public Hearing. Scott Stuart, 5431 SW 44 Avenue, questioned the density of the surrounding properties. He objected to the density suggested and asked if Bond money could be used for the street closure. Mr. Stuart was also opposed to a recreational park; he would prefer a passive park. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,June 13, 2006—7:00 p.m. Steve Goldberg, 4010 SW 54 Court, was concerned about a passive park. He felt the application was misleading. Mr. Goldberg stated he was never contacted for any study. He also thought the density would increase traffic in the morning hours. Mayor Flury advised that Chief Cowart would go out to the neighborhood and invite them to a public hearing. Victoria Fudala, 5531 SW 43 Terrace, asked if they could get speed bumps on her street. Scott Stuart stated speed bumps were old fashioned, he would rather close the street and eliminate the speeding problem. Sara Willingham, 5410 SW 43 Terrace, liked the idea of closing the area on SR 7, but thought SW 40t" Avenue would not be able to handle the traffic. Mayor Flury suggested everyone interested in this issue give their names and addresses to the City Clerk so they can be notified when Chief Cowart goes out to meet with the residents. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Director Leeds asked City Attorney Ansbro if the zoning could be more restrictive, in terms of density, than the land use plan designation. City Attorney Ansbro responded he believed it could be more restrictive. Director Leeds concluded by saying that when the site plan is presented and the Commission is not happy with 13.5 units per acre and want less units, they have the discretion to change it. Commissioner Bertino thought 13.5 units would be extremely tight and said he would approve a maximum of 10 units. He further requested that the type of units be fee simple, not rental units. Vice-Mayor Anton noted 40th Avenue was a cut through street, and thought it would be difficult to deal with the traffic situation. Commissioner Castro motioned to adopt Ordinance #2006-022, on first reading, with staff recommendations; seconded by Vice-Mayor Anton. Commissioner Bertino felt we should support only 10 units per acre because we all know that we have to find a solution to the traffic and parking issues. Attorney Coffy indicated that her client would like to make sure that when the site plan and rezoning matters come back for approval, the City Commission stick to the 10 units per acre discussed tonight instead of reducing them to less than 10. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. Mayor Flury would prefer 13 units with two car garages rather than 10 units per acre with no garages. Commissioner Castro remarked we are discussing the land use change, not the site plan. 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 City Attorney Ansbro advised the remaining 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. 9.5 RESOLUTION #2006-094 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY ADOLFO GUITELMAN, ON BEHALF OF THE PROPERTY OWNER MARINA INDUSTRIAL PARK, LLC., FOR PROPERTY LOCATED AT 2401 SW 31 STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-094. Corinne Church, Principal Planner, advised the site plan is for the construction of an office/warehouse facility. She added that the applicant is also providing a Lift Station on the property at the request of Broward County. Ms. Church further noted that the applicants have worked hard with staff, and no variances are required for the site. Mayor Flury noted it was a very unattractive building. Laurence Leeds, Director of Community Development, indicated it was an average building and the front of the building would be facing I-595. He commented the applicant was aware that additional architectural detail might be requested by the Commission. Alberto Mizrahi, President/owner of the property, explained that these warehouses would be built of concrete, and would have glass windows. Mayor Flury advised that the Commission recently agreed that all new warehouses should be a little more attractive. She asked staff to work with the applicant and bring back a new design. Mr. Mizrahi did not know what was wrong with the design, however, he would be willing to work with staff to try to make the necessary changes. Vice-Mayor Anton thought the building was too plain and suggested the applicant look at other warehouses that have been recently approved. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. Director Leeds will provide names of recently approved warehouses to the applicant. He advised . the applicant he needed to change the design of the building and bring it back to the Commission. Director Leeds would like to table this item to allow some time to work with the applicant. Commissioner Castro explained to the applicant that the Commission would like to see a more attractive design, which would look more like a store front having a little more window decorations. She reassured the applicant that the Commission was in favor of his project, they only wanted a better looking project. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner McElyea motioned to continue Resolution #2006-094 until the June 27, 2006 City Commission meeting at 7:00 p.m.; 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 9.6 RESOLUTION #2006-095 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JOSE CASTELLANOS, OWNER OF "PANCHO'S BACKYARD" RESTAURANT, FROM CHAPTER 28, "ZONING", ARTICLE 4.201 "PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES AND SCHOOLS", FOR PROPERTY LOCATED AT 433 EAST SHERIDAN STREET, IN THE PUBLIX SHOPPING CENTER, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-095. Corinne Church, Principal Planner, advised the variance request was to allow the sale and consumption of alcohol approximately 575 feet from a public school, when the City Code requires a 1,000 feet separation. She noted this was previously Michael's Kitchen in the Publix Shopping Plaza on Sheridan Street, and they also sold alcohol at this site. She further stated 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. Commissioner Castro motioned to adopt Resolution #2006-095; 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 14 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. • Item #9.7 was heard before Item #9.1 Item #9.8 was heard after Item #9.6 9.7 RESOLUTION #2006-096 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY MICHELE BERG, PERTAINING TO THE ZONING APPENDIX TO THE CITY CODE OF ORDINANCES, SECTION 33-40 (1.2)(A), "REGULATION AND USE OF WATERWAYS AND FACILITIES", FOR PROPERTY LOCATED AT 986 NAUTILUS ISLE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-096. He advised this is a quasi-judicial matter and swore in those who would speak. He asked the Commission to disclose any communication they had on this matter. Corinne Church, Principal Planner, advised the variance is to allow the installation of a boat lift which extends 12' into the waterway. She noted that the City Code allows no more than ten percent of the waterway width, and in this case 5 feet would be the maximum. She further indicated that the Planning & Zoning Board recommended approval, and no complaints have been received from the adjacent neighbors. Michele Berg, property owner, was available to answer any questions. Vice-Mayor Anton briefly commented that the way the applicant would be installing the boat lift would actually be saving space in the canal and making it easier for other neighbors to navigate that waterway. 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 #2006-096; 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 Item #9.1 was heard after Item #9.7 Item #9.8 was heard after Item #9.6 9.8 RESOLUTION #2006-097 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE REQUESTS SUBMITTED BY WILLIAM E. ELMORE, JR., FOR AN EXTENSION OF THE SPECIAL EXCEPTION USE SE-65-04, APPROVED ON DECEMBER 14, 2004, BY RESOLUTION 2004-214, WHICH EXPIRES ON JUNE 14, 2006 Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. AND FOR AN EXTENSION OF THE PREVIOUSLY APPROVED SITE PLAN REQUEST SP-77-03, APPROVED ON DECEMBER 14, 2004, BY RESOLUTION 2004-213, WHICH EXPIRES ON JUNE 14, 2006; FOR PROPERTY GENERALLY LOCATED AT 2967 RAVENSWOOD ROAD, GENERALLY LOCATED ON THE WEST SIDE OF RAVENSWOOD ROAD, SOUTH OF STATE ROAD 84 AND NORTH OF SW 31ST STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-097. Laurence Leeds, Director of Community Development, advised the applicant is requesting an extension of the previously approved site plan and special exception which would expire on June 14, 2006. He further explained that the permitting was delayed due to the lengthy time required to obtain Lift Station approval required by Broward County. Director Leeds recommended approval of the extension request. Gustavo Carbonell, on behalf of the applicant, advised that the requested extension was needed because they could not apply for building permits until the Sewer Lift Station, presently under construction, is completed and certified by Broward County Utilities. He requested a 12 month extension. 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 #2006-097, for a twelve month period; 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 9.9 RESOLUTION #2006-103 Discussed with Item #9.1 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A TRAVEL POLICY ESTABLISHED BY THE CITY, APPLICABLE TO CITY EMPLOYEES AND ELECTED OFFICIALS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2006-103; 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 10. Commission Comments 10.1 Commissioner Bertino • Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. • Commissioner Bertino had no comments. 10.2 Commissioner Castro Commissioner Castro thanked City staff, especially Mark Felicetty, Parks and Recreation Department, who worked diligently with Clare Vickery to make the Arts and Antiques Festival a huge success. She also thanked Clare Vickery for her hard work. Commissioner Castro felt the event gave people a clearer vision of what it could be like in Dania Beach moving forward. Commissioner Castro advised the City of Hollywood would be requesting the Broward Planning Council for additional flex units, and noted our objections because of traffic issues. She indicated Director Leeds had sent a letter to the Broward Planning Council explaining our reasons for objecting and they suggested we meet with Hollywood to resolve the situation before it is included in their Agenda. Commissioner Castro asked City Manager Pato and Director Leeds to follow up on this matter. Commissioner Castro congratulated Joe Van Eron on his appointment as Chair of one of the Committees of the Visit Florida Organization and recognized him for his relentless efforts in moving forward with the Tourism Council. Commissioner Castro reported the Commission decided not to take any action regarding the possible train station in Dania Beach and suggested waiting to see how things unfold on this issue. • Lastly, Commissioner Castro reminded everyone that it is hurricane season. She asked residents to take precautions now and commented on the very informative Hurricane Forum recently presented by George Jason. She suggested people should make a plan and provided a Website (www.floridadisaster.org) where information is available for hurricane preparation. 10.3 Commissioner McElyea Commissioner McElyea complimented Florida Power & Light on some of the replacement poles. He wondered if staff could contact Bell South and Comcast to have the additional poles eliminated throughout the City. 10.4 Vice-Mayor Anton Vice-Mayor Anton recognized the excellent job the Arts and Antiques group did over the weekend. He noted he heard a lot of positive comments from residents and visitors. 10.5 Mayor Flury Mayor Flury thanked Clare Vickery and her committee for the Arts and Antiques Festival. She also thanked George Jason for the Hurricane Preparedness Forum. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,June 13, 2006—7:00 p.m. • Mayor Flury advised that the Red Cross does not issue phone numbers for special needs shelters and pet shelters because people must register personally, in advance. She suggested including those phone numbers on the City's Website. Mayor Flury commented that the Turnpike Authority has been discussing an exit on Stirling Road with the Seminole Hard Rock Casino, the City of Hollywood, and the Town of Davie. She provided the information to the City Manager for him to contact them and have the City of Dania Beach be a part of the list of people with whom they need to discuss this matter. 11. Discussion and Possible Action There were no discussion items at this meeting. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager • City Manager Pato commented on the water bill dispute with a Mr. Malcolm Smith, currently a resident in California, of which the Commission is already aware. He noted the City has already waived the sewer charges and he would like to settle the water bill at the fifty percent rate, which has been done in previous cases. He requested Commission approval. Commissioner Bertino motioned to approve; seconded by Commissioner Castro. The motion carried unanimously. City Manager Pato advised that the Pier Restaurant construction is near completion, and some repairs are needed to the entrance ramp and the railings. He further noted that we need to move forward with repairing the railings, particularly the area between the parking lot and the bait shop, as well as some electrical and general issues which would come close to $25,000. City Manager Pato commented that the company doing the construction has offered to do the work since they have all the necessary equipment on site. He added we are hoping to open the restaurant on Labor Day weekend and requested Commission consensus to let us work with Coastal Contracting for the additional repairs. Kristen Jones, Parks and Recreation Director, reported she received a quote of $23,750 from Coastal Contracting, which includes the electrical and lighting repairs. She added that if we do not do it now there would be an additional cost of about $6,000. Director Jones indicated she intends to include the remainder of the Pier repairs in the CIP. She noted that the walk-through • has been scheduled for June 28. Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,June 13,2006—7:00 p.m. • Mayor Flury would like funds allocated in the future to include further repairs to the Pier as well as a cover for the fishermen. Vice-Mayor Anton confirmed with Public Services Director Orlando that he was comfortable with the proposed repairs. Commissioner McElyea motioned to appropriate an amount not to exceed $23,750.00 for the Pier Restaurant repairs; 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 City Manager Pato commented the City Attorney is currently reviewing the RFP for the "pink bathroom" at the Marina. He thought it would be cheaper to demolish the present building and construct a new structure where additional space would be addressed for future operation of the Marina. He asked the Commission for direction to consider a new building. Mayor Flury fully agreed with the City Manager. City Manager Pato mentioned the agreement deadline is 2012, but he is planning to ask FAU to • return the Marina to the City at an earlier date. Mayor Flury asked City Manager Pato if he had anything in writing to guarantee the Marina would come back to us. She added that this matter would be brought up during Budget time. City Manager Pato indicated his comments are based on conversations he had with FAU and it was their intention to return the Marina earlier; however, anything could happen between now and 2012. He added that the RFP is almost ready to go and he needed direction on whether to hold it or not. City Manager Pato further stated that he would try to arrange a meeting with FAU between now and the next Commission meeting and come back with results. He confirmed the RFP would be developed. Commissioner Castro suggested developing an RFP that would include prices for the bathroom only, and bathroom with office space. Mayor Flury recommended the RFP should request one price for renovations and one price for a new building. Vice-Mayor Anton commented FAU was cooperative and thought we should be able to get something in writing from them. • Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,June 13, 2006—7:00 p.m. 13.2 City Attorney • City Attorney Ansbro had no comments. 13.3 City Clerk—Reminders Tuesday, June 27, 2006—7:00 p.m. —Regular City Commission Meeting Thursday, July 20, 2006 —5:00 p.m. —Regular CRA Board Meeting Thursday, July 20, 2006 —6:30 p.m. —Abatement Hearing Tuesday, July 25, 2006— 7:00 p.m. —Regular City Commission Meeting Wednesday, July 26, 2006 - 9:00 a.m. - Budget Workshop followed by a Special Meeting to set the not to exceed Millage Rate Mayor Flury remarked the Budget Workshop on July 26 is an all-day Workshop and would be open to the public. 14. Adjournment Mayor Flury adjourned the meeting at 9:57 p.m. CITY OF DANIA BEACH 12 • ATTEST: PATRICIA FLURY MAYOR-COMMISSIONER LOUISE STILSON, CMC CITY CLERK Approved: June 27, 2006 • Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday,June 13, 2006—7:00 p.m.