Loading...
HomeMy WebLinkAbout42 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, MARCH 14, 2006 - 7:00 P.M. 1. Call to Order Mayor Castro called the meeting to order at 7:01 p.m. 2. Invocation and Pledge of Allegiance Pat Rafacz, Eucharistic Minister, Church of the Resurrection, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Anne Castro Vice-Mayor: Patricia Flury Commissioners: Bob Anton C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson Absent: Commissioner: John Bertino Commissioner Anton motioned to excuse the absence of Commissioner Bertino; seconded by Commissioner McElyea. The motion carried unanimously. 3.1 Seating of Mayor Patricia Flury 3.2 Election of Vice-Mayor Mayor Flury motioned to appoint Commissioner Anton as the Vice-Mayor; seconded by Commissioner McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Commissioner McElyea Yes Commissioner Castro Yes Mayor Flury Yes Mayor Flury thanked Pat Rafacz for the invocation and she also thanked Commissioner Castro for serving as the Mayor for the past year. She then thanked friends and family and those who elected her to serve on the Commission. She commented on the projects that would occur during the upcoming year, and encouraged the Commission to insure that the process of reinvigorating • the redevelopment of the City would be done in such a way that it would preserve our quality of life, protect our neighborhoods and most important the historical character of old Dania. She further noted that the City Commission may have different perspectives, but they all share the common goal of doing what is best for the City. She reaffirmed, on behalf-of each of the Commissioners, their commitment to serve the citizens of Dania Beach. 4. Presentations and Special Event Approvals 4.1 Special Event Request of The Field Pub & Eatery for their Annual St. Patrick's Day event which will be held at 3281 Griffin Road, on Friday, March 17, 2006 from 4:00 p.m. — 12:00 a.m. Vice-Mayor Anton questioned if the police issue had been resolved. Chief Bryan Cowart, BSO District 2, advised no detail deputies have signed up for the event. He explained that last year's event drew a significant amount of people and parking was an issue. He recommended denial because parking is not addressed and it is a dangerous situation. Philip McMullen, owner of The Field Pub & Eatery indicated they have secured almost 500 parking locations. • Commissioner McElyea would approve the event if the applicant could show he has sufficient parking elsewhere. Mayor Flury agreed to consider approval of the event, pending the Fire Marshal and BSO's satisfaction. Commissioner McElyea motioned to approve the Special Event Request of The Field Pub & Eatery for Friday, March 17, 2006, pending approval from BSO and the Fire Department; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Anton Yes Commissioner McElyea Yes Mayor Flury Yes 4.2 Special Event Request of Helping Hands of Harbour Towne, Inc., for their Annual St. Patty's Day Fishing Tournament to be held at 815 NE P Street, on March 17, 2006 from 6:30 p.m. — 10:30 p.m. , and on Saturday, March 18, 2006 from 3:00 p.m. —4:30 p.m. Sean Brown, Fire Marshal for the City of Dania Beach, advised this Fishing Tournament has been held in the City for 15 years. In the past, a Special Event Request was not required. The applicants were not able to attend the meeting tonight, but he reassured the Commission they have complied with all City requirements, including BSO. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,March 14,2006—7:00 p.m. • Commissioner Castro motioned to approve the Special Event Request of Helping glands of Harbour Towne, Inc. for March 17-18, 2006; seconded by Commissioner McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Anton Yes Commissioner McElyea Yes Mayor Flury Yes 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Gary Garofalo, 4930 Sailboat Drive, spoke on behalf of Robin Hirsch, Chairperson of the Greater Dania Beach Chamber of Commerce, to express their support for Mayor Flury and the City of Dania Beach. Joe Van Eron, 1500 SW 2nd Avenue, pledged his support to the Mayor and the City. He also thanked Mayor Castro for her dedication during her tenure as Mayor. • George Jason, 4549 SW 37th Avenue, congratulated Mayor Flury, and thanked Mayor Castro for her commitment to the City in the last year. He commented the center islands on Griffin Road are the responsibility of the County and they are not maintaining them. He had already contacted Broward County, but to no avail. Mr. Jason reminded everyone that March 15th is the deadline for Neighborhood Improvement Advisory Board (NIAB) forms to be turned in. He made everyone aware that this is the last chance for citizens to get things accomplished for their neighborhoods. He further noted that the next meeting of the NIAB would be Wednesday, March 22, 2006 in the Conference Room at City Hall. Commissioner McElyea asked the City Manager about the agreement for maintenance of Sheridan Street. He wondered if there would be a way to make an arrangement with the County to maintain Griffin Road. City Manager Pato will find out what can be done and report back to the Commission. Lisa Young, President of the Dania Beach Heights Civic Association (DBHCA) and Relay for Life, thanked Mayor Flury for being the Mayor and Commissioner Castro for being a human being, not just a Mayor. Ms. Young explained DBHCA obtained two grants from Broward Beautiful totaling $30,000.00. They are the only association that has filed for this grant, she offered her assistance to other associations and encouraged them to apply before the application deadline on May 24th, and to attend a special meeting that Broward County is holding on March 215t. Ms. Young updated everyone on the Relay for Life event. Also present was Marie Letzer, Co-Chairperson of Relay for Life; The event will be held April 21-22 at Frost Park and the main Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, March 14,2006—7:00 p.m. • purpose is to get the community together in the fight against cancer. To date they have raised $37,000 and they are confident they will reach their goal of$100,000. She explained that so far 21 teams have signed up, and there are more to come. Pure Triumph has donated a $10,000 motorcycle and accessories as a fund raiser to the Relay, there are 1,000 tickets available at $50 each. Ms. Young noted there would be a Presentation at the next Commission meeting on the Relay for Life event. She added they are looking for survivors and encouraged them to sign up for the event. Lastly, she thanked Director of Parks and Recreation Kristen Jones and City Manager Pato for their support to the event. Pat Tyra, 2912 SW 54th Street, Estates of Fort Lauderdale, discussed the lighting that was promised when they were annexed and she hoped the Commission would remember their promises and discuss this issue when they meet on March 30t" for the Strategic Planning Budget Meeting. She then mentioned the Code Enforcement issues and thanked Code Inspector Will Dubisky, on behalf of the Estates of Fort Lauderdale. She expressed their concerns about what will happen when Mr. Dubisky is gone. They are having difficulties in getting their homes up to code, their park is 80% damaged and she would like to know what the City is going to do to help them with Code Enforcement and Building. Ms. Tyra finally asked about the results of a survey conducted some time in January-February. She indicated none of their residents had received one in the mail and they wondered if their zip code was eliminated from the process. City Manager Pato advised that the quality assurance survey was done randomly. They are under a different zip code, but it was included. He further mentioned that a copy of the questionnaire is available on the City's website and at the reception desk at City Hall. • Clare Vickery, business owner at 49 N. Federal Highway, reiterated her request for $4,000 from the last meeting to help beautify the Federal Highway corridor. It is for two sculptures that would be placed at the entrance to the downtown area. She clarified there would be sufficient parking and she will work with staff and City Manager Pato to insure there are no problems. Ms. Vickery also advised everyone that the Enterprise Zone would be established tomorrow in Ft. Lauderdale. She mentioned that Mayor Castro and Director Leeds have done a great job. Kurt Ely, 245 SW 1st Avenue, Chairman of the I.T. Parker Advisory Board, presented a copy of the minutes of their last meeting to the Commission and indicated that a new roof for the I.T. Parker building is needed. Mr. Ely thought the bid process would be too lengthy and the work should be done before hurricane season is here. He suggested the Commission declare it an emergency and forego the normal bid procedure. Mr. Ely finally mentioned there are other issues he would need to discuss with the City Manager when they meet some time this week. Mayor Flury asked City Manager Pato if it would be possible to use the same roofer that was approved by the Commission to work on various City projects. City Manager Pato explained because this job is much bigger, he would only circumvent the bid process if the Commission so wished. He will try to obtain three quotes and bring them back to the Commission. • Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday, March 14,2006—7:00 p.m. Vice-Mayor Anton was concerned this would involve a health issue. If that was the case, it would need to be addressed and be treated as an emergency situation. Mr. Ely noted the roof was needed in order to have renovations done. Commissioner Castro motioned to have the City Manager bring back three quotes for the I.T. Parker Community Center roof repair; seconded by Commissioner McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Anton Yes Commissioner McElyea Yes Mayor Flury Yes Mr. Ely commented on a couple of light and telephone poles that need to be looked at. Mayor Flury suggested he contact the City Manager with the address and any other relevant information. Mr. Ely also asked who would enforce the garbage container ordinance. City Manager Pato advised this was a Code enforcement issue and citizens should contact that department and make staff aware of any violations. Mr. Ely mentioned he met with City Attorney Ansbro regarding Item #7.5 on tonight's Agenda • which relates to the reduction in the number of members needed to establish a quorum on the Parks & Recreation Board. He confirmed he agreed with the resolution presented for Commission approval. 7. Consent Agenda Items added to Consent Agenda: #7.10 Items removed from Consent Agenda: #7.10, 7.1 Minutes: Approve minutes of Regular City Commission meeting of February 28, 2006 7.2 Travel Requests: Travel request of Nanci Denny to attend the NIGP 61 Sc Annual Forum and Products Exposition in Tampa, Florida from August 5-9, 2006, for certification purposes. (Estimated cost $1,282.95) (Remaining Budget $1,397.05) Resolutions 7.3 RESOLUTION #2006-047 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO 01 PURCHASE ADVERTISING FROM WLRN HERALD NEWS PUBLIC RADIO STATION, IN AN AMOUNT Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, March 14,2006—7:00 p.m. NOT TO EXCEED $25,000.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT . FOR BIDS;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2006-048 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR, ACCEPT IF AWARDED, AND EXECUTE 'AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF EDUCATION UNDER THE 2006 SUMMER FOOD PROGRAM, PERTAINING TO A PROPOSED AGREEMENT BETWEEN APPETITES CATERING, INC. AND THE CITY OF DANIA BEACH, IN AN AMOUNT NOT TO EXCEED $52,500.00, IN CONJUNCTION WITH THE GRANT AWARD, TO PROVIDE BREAKFASTS,LUNCHES AND ONE SNACK PER DAY DURING THE 2006 SUMMER CAMP PROGRAMS AT C.W. THOMAS PARK (COLLINS ELEMENTARY SCHOOL), AND THE T.I.M.E. 4 KIDS PROGRAM, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH APPETITES CATERING, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2006-037 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2001-201 TO REDUCE THE NUMBER OF MEMBERS NEEDED FOR A QUORUM FOR THE PARKS, RECREATION AND COMMUNITY AFFAIRS ADVISORY BOARD FROM SIX (6) MEMBERS TO FIVE (5) MEMBERS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from February 28,2006) 7.6 RESOLUTION #2006-052 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR ELIGIBLE COST REIMBURSEMENT FOR DEBRIS REMOVAL (UNDER THE AUSPICES OF THE FEDERAL HIGHWAY ADMINISTRATION (FHWA)) CAUSED BY HURRICANE WILMA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2006-053 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH PATTI HOOT-MCLEOD, TO PROVIDE RESOURCE MANAGEMENT SPECIALIST SERVICES TO THE CITY IN CONNECTION WITH THE CITY-OWNED PROPERTY KNOWN AS "SITE 449-DANIA COVE", FOR A FEE NOT TO EXCEED $45,000.00 OVER A FIVE YEAR PERIOD, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2006-054 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH HBI PLANNING SERVICES, INC., D/B/A ILER PLANNING GROUP, FOR THE PROVISION OF DRAFTING .CERTAIN ZONING AND DESIGN REGULATIONS TO BE APPLICABLE TO CERTAIN LANDS LOCATED WITHIN THE DANIA BEACH CRA BOUNDARIES AND RELATED CONSULTANT SUPPORT SERVICES IN AN AMOUNT NOT TO EXCEED $117,000.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday, March 14,2006—7:00 p.m. 7.9 RESOLUTION #2006-057 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A RESCUE VEHICLE FOR THE FIRE RESCUE DEPARTMENT IN THE AMOUNT OF $163,884.08 FROM AMERICAN LAFRANCE MEDICMASTER, UNDER FLORIDA FIRE CHIEFS' ASSOCIATION, FLORIDA SHERIFFS' ASSOCIATION &FLORIDA ASSOCIATION OF COUNTIES BID NO. 05-06-0823, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Commissioner McElyea motioned to approve the Consent Agenda, with the addition of Item #7.10, and the exception of Item #7.10; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Anton Yes Commissioner McElyea Yes Mayor Flury Yes Addendum 7.10 ORDINANCE #2006-007 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 18 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "PENSIONS AND RETIREMENT," TO PROVIDE FOR CHANGES IN REQUIREMENTS FOR PARTICIPATION OF GENERAL EMPLOYEES IN THE DEFERRED RETIREMENT OPTION PLAN ("DROP"); AND FOR ELIGIBILITY FOR PARTICIPATION IN THE RETIREE HEALTH INSURANCE SUBSIDY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2006-007. Vice-Mayor Anton agreed with the Ordinance and asked Will Dubisky if he wanted to address the issue. He also thanked him for doing a great job and wished him well. Will Dubisky, President of the General Employees Union, stated for the record, the intent of the Pension Article agreed to by the Union and the City to clarify any confusion that may exist. They agreed to reduce the vesting period from 8 years to 6 years and the City would have the right to mirror the DROP requirements of the FRS Plan, with the exception of those who are currently in the DROP. They agreed the health insurance benefit provided to current employees would not be provided to new hires whose only benefit would be provided under FRS. He further noted that an election was held in December 2005 to ratify the last article of the contract and it passed with an overwhelming "yes"vote. City Manager Pato thanked Will Dubisky on behalf of the City for his good service, and reminded everyone that during his leadership on the General Employees Union, the City made significant progress in correcting the flaws that existed from previous collective bargaining agreements. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, March 14, 2006—7:00 p.m. Mayor Flury also thanked Will Dubisky for being an outstanding Code Enforcement Officer and wished him the best. Vice-Mayor Anton motioned to approve Ordinance #2006-007, on first reading; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Anton Yes Commissioner McElyea Yes Mayor Flury Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION #2006-051 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AWARDING THE BID FOR THE DESIGN/BUILD EXPANSION OF CITY HALL LOCATED AT 100 W DANIA BEACH BOULEVARD, TO COASTAL CONTRACTING AND DEVELOPMENT, INC. IN THE AMOUNT OF ONE MILLION THREE HUNDRED SIX THOUSAND FOUR HUNDRED DOLLARS ($1,306,400.00); AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE CONTRACTOR FOR THE WORK; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-051. Bonnie Temchuk, Assistant to the City Manager, requested approval to award the bid for the City Hall expansion to Coastal Contracting and Development, in the amount of $1,306,400.00. This is the only bid received for the project; the Selection Committee reviewed the bid submitted and agreed all documents requested were submitted and within budget. Ms. Temchuk briefly explained what the City Hall expansion project would include. Gary McGeddy, President of Coastal Contracting and Development Inc., was present to answer any questions. Ms. Temchuk mentioned that Dominic Orlando, Public Services Director, would assume responsibility of the project in her absence. Commissioner Castro asked if the BSO area was included in the project. She is concerned about some health issues in that area and wondered if it is safe for people to work in that area. Commissioner Castro further asked City Manager Pato to have the BSO area examined for mold and mildew. Mayor Flury thought it was troubling to have only one bid, however these are not normal times. She remarked Coastal Contracting is doing a good job with the Pier Restaurant. Commissioner McElyea commented other contractors would not bid because Coastal Contracting is submitting a bid and they have already been awarded seven City bids. Commissioner Castro motioned to approve Resolution #2006-051; seconded by Vice-Mayor Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Anton Yes Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, March 14,2006—7:00 p.m. Commissioner McElyea Yes Mayor Flury Yes 8.2 RESOLUTION #2006-055 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF AN AGREEMENT FOR INFILTRATION AND INFLOW ACTIVITIES USING STATE REVOLVING FUNDS; AUTHORIZING THE AWARD OF BID TO UTILITY SEALING SERVICES, INC. IN THE AMOUNT OF $327,634.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-055 and Resolution# 2006-056. Mayor Flury clarified both are projects previously approved by the Commission. Vice-Mayor Anton motioned to approve Resolution #2006-055; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Anton Yes Commissioner McElyea Yes Mayor Flury Yes 8.3 RESOLUTION #2006-056 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING . TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE SUBMISSION OF A LOAN APPLICATION FOR THE AMOUNT OF $350,000.00 FOR CONSTRUCTION ACTIVITES ASSOCIATED WITH INFILTRATION AND INFLOW ON THE CITY WASTEWATER SYSTEM; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Anton motioned to approve Resolution #2006-056; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Anton Yes Commissioner McElyea Yes Mayor Flury Yes 9. Public Hearings and Site Plans 9.1 ORDINANCE #2005-032 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "AQUA ISLES" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED ON THE NORTH SIDE OF GRIFFIN ROAD, EAST OF SW 40 AVENUE, 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 "AQUA ISLES" PLAT; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, March 14,2006—7:00 p.m. . City Attorney Ansbro read the title of Ordinance 42005-032. Hoyt Holden, Calvin Giordano and Associates, was present to answer questions. Laurence Leeds, Director of Community Development, explained this is the platting of the property for the proposed construction of 127 townhouse units: The Site Plan is still being reviewed by the Planning & Zoning Board. The City Code requires dedication of park land for public use, which would be 1/4 of an acre. If approved by the Commission, the applicant has elected to pay the local park impact fee of$382,000.00, instead of dedicating the land. Staff is recommending approval of the Aqua Isles Plat. 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 expressed his concerns with the location because it backs to the east of Davis Isles. He asked Director Leeds if the residents at Davis Isles had any problems with not having a park. Director Leeds confirmed Davis Isles residents were only concerned with the vehicular access to the property, not the park land. Commissioner McElyea thought it would be better to accept the park fees rather than the land because of the location of the property. The funds would help with improvements for other parks. Commissioner Castro thought the funds would help create other parks throughout the City and for this reason she would support waiving the requirement to have the green space and accept the fee in this case. Mayor Flury commented she is almost always in favor of taking the land as opposed to the money, although she understands this is not a good location for a park. She did not remember ever using the. Park Impact Fees because they can only be used for new parks or a park expansion. She hoped some ideas would be considered to provide green space for the community during budget time. Commissioner McElyea motioned to adopt Ordinance tt2005-032, on second reading, and to accept the Park Fee of$382,000; seconded by Commissioner Castro. The motion carried on the following 3-1 Roll Call vote: Commissioner Castro Yes Vice-Mayor Anton Yes Commissioner McElyea Yes Mayor Flury No 9.2 RESOLUTION #2006-049 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY JOSH ROBERTS AND JUAN LOPEZ, OWNERS OF WIRELESS TOYZ OF DANIA BEACH, FOR PROPERTY OWNED BY MRS. BERKEN, LOCATED AT 2 SOUTH FEDERAL Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, March 14,2006—7:00 p.m. HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-049. Josh Roberts, new business owner at 2 S. Federal Highway, and his partner Mr. Hayek, requested adding the yellow color to the white awning which reflects their corporate colors. He indicated other businesses had awnings of various colors. Corinne Church, City Planner, noted the PAD standards encourage light pastel or earth colors on the buildings. The conflict is whether or not the standards apply to awnings or just buildings. Mayor Flury opened the Public Hearing. Joe Van Eron, 1500 SW 2°d Avenue, was shocked to see the awning go up. This is one of the few historical buildings in the City and this is an insult to the building. Mr. Hayek indicated Dr. Berken, property owner, had tried to have the building considered a non-historical building. He added that his company would prefer to have the awnings all yellow; yellow and white would be second choice. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Vice-Mayor Anton had nothing against this company logo, but thought the bright yellow did not fit the building and he will not support the request. He commented the Commission is trying to make the City look attractive. Commissioner McElyea commented this is the Dania Bank Building and this corner should remain nice like it was for years. It is not historical because the back and south sides are add- ons. The building looks awful with awnings. Commissioner Castro thought colors gave the main street some character. She would rather see pastel yellow. If the Commission tries to manage which business goes into which building, the City will not get anywhere with economic development. We have to allow opportunity for commercial success in our downtown center. She will support pastel yellow awnings, which would look better with the building. She also suggested a different style of awning. Commissioner McElyea wants businesses to be successful, but he will not support the colors on the awnings. Commissioner Castro motioned to approve Resolution #2006-049, with the condition that they have pastel yellow awnings. The motion died for lack of a second. Mayor Flury indicated the building looks terrible. She asked City Attorney Ansbro if the guidelines for buildings also hold true for awnings. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday, March 14,2006—7:00 p.m. City Attorney Ansbro responded yes. Director Leeds clarified that staff s interpretation is that the guidelines are the same. Awnings are allowed to encroach on the sidewalk and these were constructed in accordance with the Zoning Code. Mr. Hayek explained they have the same type of store in the City of Hallandale Beach and they allowed the awnings. Visibility is an issue for them, the windows are too high on the Dania Beach Boulevard side and on Federal Highway the columns block the view to the building. They may leave the building because they are having problems with advertising their products. He noted it is proven that visibility will bring customers into a business. They agree to have the pastel yellow color, or the stripe. They believe they can add value to the City. Mayor Flury is pleased to see the business here, but there are changes being made in the City and guidelines need to be followed. Juan Lopez, owner of the business, asked what colors the City would accept since staff will not provide any. Director Leeds advised the original proposed awnings had signs which are not permitted, only light pastel colors or earth tones are allowed. Commissioner McElyea motioned to deny Resolution #2006-049; seconded by Vice-Mayor Anton. The motion carried on the following 3-1 Roll Call vote: Commissioner Castro No Vice-Mayor Anton Yes Commissioner McElyea Yes Mayor Flury Yes 9.3 RESOLUTION #2006-050 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE DELEGATION REQUEST SUBMITTED BY J. EDWARD MENGER, V.P. OF WASTE CORPORATION OF FLORIDA, INC., TO CHANGE THE RESTRICTIVE NOTE ON THE PLAT KNOWN AS THE ISGETTE RUNWAY PLAT; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-050. Robert Miller, representing DJP Airport West, LLC, developer of the property, advised their development plan requires full access to SW 301h Avenue. In the past, when the property was all lake area, there was a NVAL placed on the plat. The Isgette Runway Plat is currently being filled, and as part of the process with Broward County Traffic Engineering Department to have the NVAL amended, they require City concurrence with access to SW 301h Avenue. Laurence Leeds, Director of Community Development, advised the property is directly south of Sun Recycling. The property is zoned IROM. The plan is to fill the lake in anticipation of development. The property would be developed into a warehouse/industrial area. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday, March 14,2006—7:00 p.m. Mayor Flury asked if there would be a problem if we continue this item to the next meeting. She indicated she is not in favor of filling the lake. She asked Director Leeds if the Commission would also need to approve filling of the lake. Commissioner McElyea thought filling the lake was a necessity and it would eventually be filled. The property was dug out years ago. Commissioner Castro agreed with Commissioner McElyea; the property is not really a lake but a mud hole. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Anitra Lansey, counsel for the applicant, advised the property is a construction pit, it was not historically a lake, it was dug out in order to get sand for the construction of Highway 595. Vice-Mayor Anton asked Public Services Director Orlando if the lake played a role in the drainage of the area. There is a serious flooding problem on 32nd Street and he felt that filling the lake might worsen the flooding situation. Director Orlando thought filling the lake would not create a problem since the water level in the area can only go so high. He added that stormwater requirements would be addressed when the property was developed. Further discussion followed between the developer, Director Leeds and the Commission on the pros and cons of filling the lake. Mr. Miller finally commented that after filling the lake in 18 months, they will present a project that will achieve one of the City's major goals, to improve a non-productive piece of land into revenue generating land. Commissioner McElyea motioned to adopt Resolution 42006-050; seconded by Commissioner Castro. The motion carried on the following 3-1 Roll Call vote: Commissioner Castro Yes Vice-Mayor Anton Yes Commissioner McElyea Yes Mayor Flury No 9.4 RESOLUTION #2006-058 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN GLARENTZOS, FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTY LOCATED AT 1040 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-058. He advised this is a quasi-judicial matter and swore-in those who would speak. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, March 14,2006—7:00 p.m. Tony Bonos, 2127 North 32nd Avenue, Hollywood, spoke on behalf of his uncle John Glarentzos. He noted beautification of the property is crucial and hoped the Commission would approve the project. Laurence Leeds, Community Development Director, advised the Planning & Zoning Board heard the request and recommended denial because of the non-conforming sign. The problem with the sign is not the size, but the closeness of the sign to the road. Staff would like the sign moved behind the curb. Director Leeds noted that new landscaping has been added to the property. Staff recommendation is to move the sign as far back as possible in the area they made. Mr. Bonos advised the fuel tanks are located close to the sign and they need the area for the fuel trucks to navigate. He agreed to move the sign back three feet, if possible. Director Leeds suggested the applicant move the sign three feet to the edge of the curb by the island. He would like to add a condition that the applicant apply for a permit within one week. Mayor Flury opened the Public Hearing. Annette Hibbitts, 26 SW 11 th Street, is concerned because the building between 1 Oth and 11 th Streets makes it difficult to see the sign. Otherwise she has no problem with the applicant's request. Director Leeds indicated that the public safety issue in this case is more important than the visibility. Joe Van Eron, 1500 SW 2nd Avenue, noted this is the same owner as the property on Federal Highway and Sheridan Street. If they move the sign back, he would like the applicant to make the property more attractive. Mr. Bonos clarified this is a different family member and a different corporation. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Vice-Mayor Anton motioned to adopt Resolution #2006-058, with the condition that when the sign is moved back, they landscape the front of the sign area and that beautification is completed within 30 days; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Anton Yes Commissioner McElyea Yes Mayor Flury Yes • Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday, March 14,2006—7:00 p.m. 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino was absent from this meeting. 10.2 Commissioner Castro Commissioner Castro thanked BSO for helping a citizen in need. She attended a Chamber retreat dinner and thought it was a good exchange of ideas and information. She attended the breakfast offered by United Way for all the cities in Broward County and they presented a plaque that will be submitted to the City Clerk. a.) Baby Otters Program Commissioner Castro advised that this Program has produced a lot of confusion about hours and days. She asked the City Manager to draft a letter to the Baby Otters regarding the availability of the pool use. b.) Conversation with Commissioner Wexler regarding Airport Issues Commissioner Castro commented she gave Commissioner Lois Wexler a tour of Dania Beach. Although Dania Beach is not in her District, it was nice that Commissioner Wexler spent some time in the City. They discussed different alternatives and solutions to the airport issue. Commissioner Castro further mentioned she hoped that Commissioner Wexler's visit would be a challenge for Commissioner Jim Scott to come to Dania Beach so we can show him what the impacts of the airport runway would be on our neighborhoods. c.) Enterprise Zone Commissioner Castro commented we are now waiting for Governor Bush to sign the documents. A City representative will be required to sit on the Enterprise Zone Board to attend meetings and make reports. The City person will need to review applications and send them to Tallahassee. Commissioner Castro read a letter she received from the United States Post Office regarding zip code issues. She advised that 33312 and 33314 zip codes cannot be changed to Dania Beach, they will remain in Ft. Lauderdale. She provided the letter to the City Clerk for posting to the City website. 10.3 Commissioner McElyea Commissioner McElyea commented the area in front of City Hall needed to be cleaned. He also mentioned that his granddaughter had a liver transplant and is doing very well. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday, March 14,2006—7:00 p.m. • 10.4 Vice-Mayor Anton Vice-Mayor Anton thanked Mayor Flury for nominating him as Vice-Mayor. He congratulated Mayor Castro for the excellent job she did in her first elected year. The $6.3M loan to grant was signed today, and he thanked her for that. Vice-Mayor Anton indicated the Melaleuca Gardens Homeowners Association also has a team in the Relay for Life. Once again, he reminded everyone about bulk trash and recommended they look at the flyer that was mailed by Waste Management and the City for their collection dates. Vice-Mayor Anton noted there is activity in the park in Melaleuca Gardens and asked Chief Cowart to investigate. Lastly, he informed everyone that there would be an airport meeting coming up on March 21 and 22 that deals with the mitigation. He suggested people try to attend the meetings and make public input. 10.5 Mayor Flury Mayor Flury commented on the gas station located at the corner of Sheridan and Federal Highway. She asked Community Development Director Leeds for an update. Director Leeds advised they were cited because of their sign, but the attorney withdrew the application. They will be cited again this week for lack of landscaping and the sign. Mayor Flury thanked everyone for the flowers and gifts. 11. Discussion and Possible Action 11.1 Request by Rilea Group, Inc., for approval of Local Park Impact Fees in lieu of land dedication—Community Development—Continued from February 28, 2006 Laurence Leeds, Director of Community Development, advised the applicant requested a continuance until the April 25, 2006 City Commission meeting because attorney Bonnie Miskel was unable to attend. Commissioner Castro motioned to continue Item #11.1 until the City Commission meeting on April 25, 2006 at 7:00 p.m.; seconded by Commissioner McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Anton Yes Commissioner McElyea Yes Mayor Flury Yes 11.2 Discussion of Health Insurance Benefits for Beneficiaries —Human Resources City Manager Pato advised Human Resources/Risk Management Director McDonald was sick. He requested continuance of this item until the March 281h City Commission meeting at 7:00 p.m. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,March 14, 2006—7:00 p.m. Commissioner Castro motioned to continue Item #11.2 until the City Commission meeting • on March 28, 2006 at 7:00 p.m.; seconded by Commissioner McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Castro Yes Vice-Mayor Anton Yes Commissioner McElyea Yes Mayor Flury Yes 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager a.) Update on Code Enforcement staffing issues City Manager Pato advised we are taking steps to address the open positions in the Code Enforcement Department and are committed to strengthening the division. He will provide more information at the March 301h Strategic Planning Session. b.) Addressing workload priorities City Manager Pato reminded the Commission that the Finance Director submitted revisions to the Purchasing Policy and would like to finalize the document. Since there were no other issues, City Manager Pato directed Finance Director Varney to put the Purchasing Policy in place. He reminded the Commission that he granted Bonnie Temchuk a temporary leave to take care of family issues, and her workload would be reassigned. City Manager Pato will attend the next two meetings of the Neighborhood Improvements Advisory Board. Public Services Director Orlando will take over the City Hall expansion project; Parks and Recreation Director Jones will take over the Pier Restaurant and Site 449 projects; City Manager Pato will take over the Marina; Office Staff in the Administration area will be supervised by Human Resources/Risk Management Director McDonald and City Manager Pato. He asked the Commission to direct all questions and requests to him as opposed to Department Heads in order to help manage the workload.' Lastly, City Manager Pato invited everyone to drive by the beach and see the improvements from the beach renourishment to the Pier Restaurant. Commissioner Castro asked City Manager Pato if he had received a reply to the letter sent to the Police and Firefighters Pension Board about having the audit completed in a timely manner. City Manager Pato responded he has not received any communication. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday, March 14,2006—7:00 p.m. • 13.2 City Attorney City Attorney Ansbro reported that City Manager Pato was asked to co-write a letter together with the Hallandale City Manager regarding regulations on the Slot machines. City Attorney Ansbro received a letter from the attorney representing Mr. Snyder, regarding the Jai Alai sign. They want the City to compensate them if the sign is put down. City Attorney Ansbro added that if the sign does not pass the test as an Unsafe Structure, it has to come down and the City will not pay anything. Mr. Snyder's attorney wanted the Commission to be aware of the situation. City Attorney Ansbro advised the Commission that the Broward County Commission has Quit Claim a property originally acquired by Tax Deed to the City of Dania Beach, in accordance with Florida Statutes. He asked Director Leeds to provide more details on the property. Director Leeds explained the property is a lake located to the east of the entrance to Meli Park and is completely surrounded by single-family homes. There is no access to the lake. City Attorney Ansbro recommended treating it as surplus property and offering the land to the homeowners in the area to see if they would like to purchase it. Mayor Flury asked Director Leeds to prepare a clear map so they could look at the property. • Bonnie Temchuk, Assistant to the City Manager thanked City Manager Pato for allowing her extended time off. She also advised that the City received notification that the Children Services Council's Grant was funded for the entire requested amount. The funds will allow the City to have a summer camp program (P.O.W.E.R) at Collins Elementary School for the third year in a row. Mayor Flury briefly commented that some people in Dania Beach don't realize how much money we have received in the past two years for the children. An estimated amount of$2.5M has gone to the children in this community. This has been accomplished through Bonnie Temchuk's efforts, and Turn Around Dania. 13.3 City Clerk—Reminders Thursday, March 16, 2006—6:00 p.m. —Abatement Hearing Tuesday, March 28, 2006—7:00 p.m. —Regular City Commission Meeting Thursday, March 30, 2006- 9:00 a.m. —FY 2006/2007 Budget Strategic Planning Session Wednesday, April 12, 2006- 5:30 p.m. —Regular CRA Board Meeting 14. Adjournment Mayor Flury adjourned the meeting at 9:30 p.m. • Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday, March 14,2006—7:00 p.m. • CITY OF DANIA BEACH ATTEST: PATRICIA FLURY J�, , n�� MAYOR-COMMISSIONER - LOUISE STILSON, CMC CITY CLERK Approved: March 28, 2006 • Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,March 14,2006—7:00 p.m.