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HomeMy WebLinkAbout45 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JANUARY 24, 2006 - 7:00 P.M. 1. Call to Order Mayor Castro called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Mayor Castro gave the invocation and all remained standing for the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Anne Castro Vice-Mayor: Patricia Flury Commissioners: Bob Anton John Bertino C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals There were no presentations at this meeting. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Kurt Ely, 245 SW Is' Avenue, advised the I.T. Parker sound system should be installed by the first of February, and the dance floor should also be refinished and installed by the first of February. The RFP for upgrades to the facility should be advertised shortly. The Parks and Recreation Board did not have a quorum for the past two meetings. He indicated they could have had a quorum in January but the Commission has a provision that six members are required for a quorum. He asked the Commission to revisit the issue and to consider Alternate Positions for the Board. He questioned how a Board Member could be removed from the Board because they have never attended a meeting. Vice-Mayor Flury explained that as the Chair of the Board, Mr. Ely simply needs to send the person a letter notifying them that they are no longer on the Board. Mr. Ely suggested the Commission hold a meeting with all the Boards to discuss what to do at Board meetings. Derrick Hankerson, 746 SW 3rd Street, advised the Neighborhood Improvement Advisory Board meeting would be tomorrow night and invited citizens to attend and comment. He stated they did not have a quorum for their December meeting. They have installed a news flash with a , citizen input form on the City website; he thanked those involved in this project. He commented that Dominic Orlando, and Fred Bloetscher attended the November meeting and provided education, input and advice. He advised that Keith Cappon resigned from the Board and reiterated that it would be advantageous to conduct a workshop for new City Board members. He provided an update on the Martin Luther King, Jr. events that were well attended by the City Commission and City staff. He thanked staff and the Mayor for helping coordinate the events. Caitlin McCluskey, 814 NW IOth Avenue, is an Eighth Grade Student, and thanked the Commission for saving her neighborhood, Melaleuca Gardens, from condemnation impacts from the Airport. She asked for help from the Commission and citizens for her ambassadorship in • People to People. She will be traveling to France, Switzerland, Austria and Italy. The organization sends students across the world to promote world peace and cultural unity. This is also an important opportunity for her to encourage international travelers to visit Dania Beach. She needs to raise over $6,000 and is willing to work or accept donations. 7. Consent Agenda Items removed from Consent Agenda: #7.3, #7.6, #7.7, #7.8 7.1 Minutes: Approve minutes of Regular City Commission meeting of January 10, 2006 7.2 Travel Requests: Travel request of Stanley Johnson to attend the "C" Water License Review Course, conducted by the Florida Rural Water Association, in Clermont Florida from February 12-15, 2006, for certification purposes. (Estimated cost $331.50) Travel request of Mayor Anne Castro to attend the Electric Utility Infrastructure Workshop in Tallahassee, Florida from January 22-23, 2006. (Estimated cost $476,39) (City Commission Training & Per Diem Balance $7,575.72) Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, January 24,2006—7:00 p.m. • Resolutions 7.3 RESOLUTION #2006-010 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A WORK ORDER AGREEMENT WITH CALVIN, GIORDANO AND ASSOCIATES FOR CONCEPTUAL ENGINEERING DESIGN AND OTHER SERVICES IN CONNECTION WITH THE MASTER PLAN FOR THE PUBLIC WORKS COMPOUND; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-010. Vice-Mayor Flury wanted to clarify this was a portion of the Water/Wastewater/Stormwater Facilities Plan approved in 2003. City Manager Pato responded it is part of the Five-Year Infrastructure Plan. Vice-Mayor Flury remarked the Plan is critical to the City, and we once had a project chart that we need to look at to see if we are on target. Her concern is the Commission needs an update on where the Infrastructure Plan is because she does not see a lot of things happening in the infrastructure. She would like an update on a future agenda. Dominic Orlando, Director of Public Services, advised we are on schedule. We are currently concentrating on the main water lines which should be advertised for bid next month; the Water Tank is currently out for bid. Vice-Mayor Flury wants to see the schedule because the Commission approved a five year water rate increase plan for the project. Vice-Mayor Flury motioned to adopt Resolution #2006-010; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 7.4 RESOLUTION#2006-011 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 CHILDREN'S SERVICES COUNCIL OF BROWARD COUNTY UNDER THE 2006 SUMMER CHALLENGE PROGRAM; FURTHER, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH IN CONJUNCTION WITH THE GRANT AWARD TO PROVIDE SUMMER CAMP STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, 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 AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, January 24,2006—7:00 p.m. • PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2006-017 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT AND RELATED DOCUMENTS ON BEHALF OF THE CITY WITH THE ARAGON GROUP, INC., PERTAINING TO AN ASSIGNMENT OF ARAGON'S LEASEHOLD INTEREST IN AN EXISITING 1996 LEASE AND LICENSING AGREEMENT RELATED TO THE MARINA, DOCKS AND ASSOCIATED FACILITIES LOCATED ADJACENT TO THE FLORIDA ATLANTIC UNIVERSITY SEA TECH FACILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2006-018 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES IN AN AMOUNT NOT TO EXCEED $25,000.00 TO PURCHASE FIVE NEW CHICKEE HUTS AND TO MAKE REPAIRS TO THE REMAINING CHICKEE HUTS DAMAGED DURING THE 2005 HURRICANE SEASON FROM HUTS UNLIMITED, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-018. Commissioner McElyea commented he has built Chickee Huts and explained that if airplane cargo nets are used on the top they would not blow off. ® Vice-Mayor Flury motioned to adopt Resolution #2006-018; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 7.7 RESOLUTION#2006-019 A RESOLUTION OF THE CITY.OF DANIA BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO TAKE STEPS NECESSARY TO (1) PROVIDE FOR PARTICIPATION BY NEW GENERAL EMPLOYEES IN THE FLORIDA RETIREMENT SYSTEM; (2) PREPARE AN ORDINANCE AMENDMENT TO CHANGE THE VESTING PERIOD OF THE CITY OF DANIA BEACH RETIREMENT PLAN FOR EXISTING GENERAL EMPLOYEES; AND (3) PREPARE CERTAIN CHANGES TO THE CITY'S SECTION 457 PLAN; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-019 and #2006-020. Vice-Mayor Flury thinks changing the vesting period from eight years to six years needs to go before the General Employee Pension Board because they are the trustees for the Dania Beach Pension and they could make a recommendation to the Commission. She remarked if Elected Officials are in the Pension Plan, that is where they have to stay and new Elected Officials need to go into the new plan. She does not think they should have the option to go into the Dania Beach Plan. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,January 24,2006—7:00 p.m. • City Manager Pato explained this would only apply to future Elected Officials. He advised Elected Officials can opt out of FRS, if the Commission chooses. Vice-Mayor Flury stated after March Is`, Elected Officials should not have the right to join the Dania Beach Pension Plan. City Attorney Ansbro advised a resolution would be brought forward at the next meeting that would articulate that. Vice-Mayor Flury motioned to adopt Resolution #2006-019; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 7.8 RESOLUTION#2006-020 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING TO MEMBERSHIP OF GENERAL EMPLOYEES IN THE FLORIDA RETIREMENT SYSTEM; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. ® Vice-Mayor Flury asked for clarification on the 1.8% City match for new employees in the FRS Plan. City Manager Pato explained the City would match up to 1.8% of future contributions for new employees if they choose to enter into the plan. If they do not enter into the plan, the City would not provide a match. Mary McDonald, Director of Human Resources and Risk Management, explained the 1.8% is a mandatory employee contribution into a 457 Deferred Comp Plan, with a City match of 1.8%. Vice-Mayor Flury motioned to adopt Resolution #2006-020; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Ordinances (Title read by City Attorney) 7.9 ORDINANCE #2006-002 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY PULICE LAND SURVEYORS, INC., ON BEHALF OF AMSPROP DANIA BEACH INVESTMENT, LLC., FOR • THE "CAYDEN CORNERS" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT THE NORTHEAST CORNER OF NE 3RD AVENUE AND NE 2ND STREET IN THE CITY OF DANIA BEACH AND Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,January 24,2006—7:00 p.m. 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 "CAYDEN CORNERS" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Anton motioned to approve the Consent Agenda, with the exception of Items #7.3, 7.6, 7.7, and 7.8; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans Mayor Castro was asked to pull Item #9.3 and#9.5 to the beginning of the Public Hearings. • City Attorney Ansbro advised all these 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 Castro spoke to Mr. Kushnir; Vice-Mayor Flury spoke to Mr. Kushnir and Mr. Koenig; Commissioner Bertino spoke to Mr. Kushnir. Item #9.1 was heard after Item #9.4. 9.1 ORDINANCE #2006-001 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE "DANIA BEACH AIR & PORT COMMERCE CENTRE" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT THE NORTHWEST CORNER OF BRYAN ROAD AND WEST DANIA BEACH BOULEVARD 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"DANIA BEACH AIR& PORT COMMERCE CENTRE" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-001. Mikki Ulrich, of Deni Land Surveyors, Inc., represented the applicant and requested approval. Corinne Church, City Planner, advised the property is vacant land with a General Industrial Zoning district; street frontage on Bryan Road and West Dania Beach Boulevard; the proposed plat shows six ingress/egress points that are 50' _wide; the Planning & Zoning Board • recommended approval provided the outstanding comments were addressed; and staff Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday, January 24,2006—7:00 p.m. • recommended the same, providing the comments were addressed prior to the City signature of the plat. Laurence Leeds, Director of Community Development, advised items still need to be addressed and the Mayor would not sign the plat until the conditions are met. Mayor Castro opened the Public Hearing. Edward Spano, Jr., 10 Bryan Road, is an adjacent business owner and would like consideration for the existing businesses for the plans to be done with the turning lanes and road construction to not affect their businesses. Mr. Leeds clarified there is no access on Bryan Road. The access would be through existing NW 1st Street which is paved and Dania Beach Boulevard which is currently unpaved, but would be required to be paved as part of the construction. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearing. Commissioner McElyca motioned to adopt Ordinance #2006-001, on second reading; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes • Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 9.2 RESOLUTION#2006-012 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUESTS BY I. KUSHNIR INVESTMENTS FOR AN EXTENSION OF THE PREVIOUSLY APPROVED VARIANCE VA-46- 04, APPROVED ON FEBRUARY 9, 2005, BY RESOLUTION 2005-024 (HEIGHT VARIANCE), WHICH EXPIRES ON FEBRUARY 9, 2006; FOR AN EXTENSION OF THE SPECIAL EXCEPTION USE SE-36-04, APPROVED ON FEBRUARY 9, 2005, BY RESOLUTION 2005-023, WHICH EXPIRES ON FEBRUARY 9, 2006; AND FOR AN EXTENSION OF THE SITE PLAN REQUEST SP-16-05, APPROVED ON JUNE 28, 2005, BY RESOLUTION 2005-101, WHICH EXPIRES ON DECEMBER 28, 2006, FOR PROPERTY GENERALLY LOCATED AT 109 SW PARK STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-012. Bonnie Miskel, Attorney for the applicant, requested an extension for all the previous approvals until July 10, 2007. She offered to submit construction drawings by July 2006. She noted they were encouraged by what they heard during their last update to the Commission regarding the City's commitment on the availability of water. She indicated because of the variable of water, her clients had difficulty proceeding with the project, such as evaluating cost, negotiating contracts with the General Contractor, and bank financing. It was also difficult to get the • architect to make commitments as to cost estimates. The dates submitted this evening will put them in the right place and they will not be coming out of the ground before the City. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, January 24,2006—7:00 p.m. • Mayor Castro opened the Public Hearing. Steve Casper, Canterbury Square Properties, asked Vice-Mayor Flury if this was what she was referring to in Item #7.3, concerning the infrastructure and the water lines. He also asked if she was comfortable that the City was in line with the progress of the water lines to the 109 Project. Vice-Mayor Flury responded yes, but the Plan itself goes beyond the lines. She indicated that she asked for an update at the next City Commission meeting on the project schedule. If we are on schedule, she is comfortable; if we are not on schedule, she is nervous. Mr. Casper remarked he needed to have this clarified in his mind as a resident and business person in the downtown area. He complimented the Commission for their consensus to move forward with the project that was presented at today's workshop. His project is located within one thousand feet of three major projects. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearing. Commissioner Anton asked the Public Services Director for the status of the water. Dominic Orlando, Director of Public Services, responded the Water Tank is out for RFP and bids are due on February 17. He stated there currently is water for construction of non-combustible • material. Our infrastructure should be in place within 9-12 months. Commissioner Anton asked the timeframe for completion of the 109 project. Attorney Miskel responded it would be 12-18 months for construction, depending on the permitting process. She clarified that they would submit construction drawings at the end of August, which is a half million dollars worth of work between the. architects and consultants. She commented at the last meeting, there were two dates given when the infrastructure would be available for them to tie-in, July 2007 and potentially March 2007. She has been told by their engineer that certain permits for the water line have not been issued by Broward County. This is a variable that the City will not have control over, so they do not want to be in a quandary where the County slows the City down, yet they are going through the City which could expedite and be ahead of the City. Mr. Orlando confirmed that all the permits have been applied for, and some have been received. John Fersino, Ace Engineering, Civil Engineer for the project, remarked in a telephone conversation he had with Mr. Orlando earlier this week, he was told the Broward County permit had not been obtained. Mr. Orlando responded he would confirm the status; it should be within the next 30-60 days. • Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,January 24,2006—7:00 p.m. City Manager Pato clarified our project is on schedule. We need to have our work done before FDOT comes in to redo the roads. He does not see this as being a valid excuse to ask for any unreasonable delays. Attorney Miskel responded they would love for the City project to be on schedule, but they would like to have written confirmation from the City so they can start negotiating with lenders. They are just asking to be put after the City, in the right position. Vice-Mayor Flury remarked she is sympathetic with the builder and asked the City Manager if he would give a letter tonight guaranteeing that water would be available during any point of construction and completion of the project. City Manger Pato responded no, but he would meet with the developer tomorrow. Commissioner Bertino commented the developer would be in trouble if he cannot build, but we would be in trouble also because we would end up buying that construction. He suggested granting the extra time to give us the time to get the water in place. He remarked the worst case scenario would be that the project would be sold to somebody else and built, but it would still be built and we would not be on the wrong end of a lawsuit for not providing water. City Manager Pato clarified we do not oppose this extension, it is a Commission decision. He has offered to meet with everyone within twenty four hours and show them a timetable so they can go get the commitments they need. He indicated to the best of his knowledge, the City is on schedule with the infrastructure project, and he just met with County representatives on this issue. He will make himself available whenever they are ready to give the assurances they need that the City will do its part. Commissioner Anton asked if any approvals given tonight would be strictly to the petitioner. City Attorney Ansbro advised Mr. Kushnir is grandfathered in; he obtained approval before we changed the ordinance. The extension could be conditioned on the fact that it could not be transferred, if the Commission chooses. Commissioner Anton requested an amendment to the motion to condition it. Vice-Mayor Flury motioned to adopt Resolution #2006-012; seconded by Commissioner Bertino. Mayor Castro commented she is not sympathetic because other projects moved forward with the understanding that waterlines were coming and they were able to obtain funding. She would like to know the construction companies involved. She stated she is a very tolerant person, so delays do not upset her. She supports an extension but agrees with Commissioner Anton that it should be restricted to Mr. Kushnir and she wants a date certain of construction plan submittal by August 30'n Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,January 24,2006—7:00 p.m. Attorney Miskel advised the General Contractor is the one who did the Quantum Homes Development at Harbour Isle. Isaac Doladonno, Sky Rise Development Group, advised they are currently working with Quantum, which is the same General Contractor that will build their project, Venetian Beach located off Griffin Road and SW 32nd Avenue. He stated for the record, they met with Mr. Leeds and they represented themselves as a co-developer of the project with Mr. Kushnir. He indicated Mr. Kushnir needs someone to participate with him on this $40M project. He stated if the approvals are limited to Mr. Kushnir they would not be able to obtain financing. He advised that Sky Rise Development Group is currently doing over two thousand units and own $300M assets, and he is the president of the company. Attorney Miskel clarified the City still shows the original application made under Mr. Stolar's name, which was the seller. Mr. Kushnir closed on the property before approvals were obtained. The developers are Mr. Kushnir and Sky Rise Development Group. Vice-Mayor Flury commented she is not inclined to add the restriction to the motion. If they flip the property, she really does not care of what the downside is in this case. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton No Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro No • Commissioner McElyea Yes Commissioner Comments were heard after Item #9.2. Item #9.3 was heard after the Consent Agenda. 9.3 RESOLUTION #2006-013 Continued until February 14, 2006 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY KAY LYNN DODERER, PROPERTY OWNER, FROM CHAPTER 28, "ZONING", FOR PROPERTY LOCATED AT 425 SE 7TH STREET, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2006-013. Laurence Leeds, Director of Community Development, advised there is a sewer main under the proposed location of the shed and the applicant requested a continuance to explore all options. Commissioner Anton motioned to continue Resolution #2006-013 until the City Commission meeting of February 14, 2006 at 7:00 p.m.; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,January 24,2006—7:00 p.m. Item #9.5 was heard after Item #9.3. Item #9.4 was heard after Item # 9.5. 9.4 RESOLUTION #2006-014 Continued until February 14, 2006 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY THERESA WALSH ON BEHALF OF WALSH NADEAU, LLC., DBA WALSH'S PUB, FROM CHAPTER 28, "ZONING", ARTICLE 4.201 "PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES AND SCHOOLS", FOR PROPERTY LOCATED AT 423 EAST SHERIDAN STREET, IN THE PUBLIX SHOPPING CENTER, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Director of Community Development, advised the applicant requested a continuance until the next City Commission meeting. Commissioner Bertino motioned to continue Resolution #2006-014 until the City Commission meeting on February 14, 2006 at 7:00 p.m.; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Item #9.1 was heard after Item #9.4. Item #9.5 was heard after Item #9.3. 9.5 RESOLUTION #2006-015 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY MORRIS AND MIRIAM KOENIG, PROPERTY OWNERS, FROM CHAPTER 25 "TRAFFIC", ARTICLE III "PARKING", DIVISION 6, SECTION 25-125 (D), FOR PROPERTY LOCATED AT 360 SE 6Te STREET, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-015. Laurence Leeds, Director of Community Development, advised the City has an ordinance that requires any boat exceeding 25' in length, or 8' in width, to be entirely within an enclosed building and not located on the property. Mr. Koenig's boat has been stored in the backyard for several years; during a pool installation, he moved the boat to the front and received a Code citation. He advised nobody in the neighborhood objected to the request, and the Planning & Zoning Board recommended approval. Mayor Castro 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 11 Dania Beach City Commission Tuesday,January 24,2006—7:00 p.m. Commissioner Bertino motioned to adopt Resolution #2006-015; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Item #9.4 was heard after Item #9.S. Commissioner Comments were heard after Item #9.2. 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton reminded everyone of the Airport Advisory Board meeting on Thursday evening. Leigh Fisher and Associates, Consultants to the County on the update to the Master Plan, will be present. They would like the citizens to attend, particularly those interested in the airport issues. He advised there was a meeting at the County last week where the Landrum & Brown Report was issued which proposed seven alternatives for the runway. The County Commissioners are starting to look at the costs associated with the project, the necessities of the length of the runways, and whether it is wiser to look at north parallels versus the south. Currently, the preferred option is still the south runway that bridges the FEC Railroad tracks and • Federal Highway. He indicated the EIS should be completed by this fall and brought forward to the County. He suggested everyone attend the Airport Advisory Board meeting to see what is going on. Commissioner Anton commented the street lights on Federal Highway were lit tonight. However, there are problems with street lights on Griffin Road and we need to coordinate with FDOT. He commented on the Mayor's trip to Tallahassee regarding FP&L, and noted there were positive comments made in today's newspaper article. We were one of only three cities that responded. He advised that Jay Field had a heart attack and is in the hospital. 10.2 Commissioner Bertino Commissioner Bertino commented the short runway may bring the costs in line with where the FAA is willing to go and he thinks we will see the shorter runway come in which would not necessitate cutting off the crosswind runway. He then thinks they will come in with a parallel north runway in four or five years. He also commented that Jay Field needs our prayers. 10.3 Commissioner McElyea Commissioner McElyea questioned if a road at the end of Gulfstream Road was in the City. If so, it should be paved. He commented the street light situation was well done with the sensors. He does not see a north parallel runway as happening because 595 would need to be taken out. • Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,January 24,2006—7:00 p.m. 10.4 Vice-Mayor Flury Vice-Mayor Flury complimented Commissioner Anton for attending all the airport meetings and making public comments. She thanked the Finance Director for the quarterly financial report. She indicated that in November we received an un-audited year-end financial report and every single fund showed a surplus; so there is plenty of money. She asked for a quarterly report updating the public with regard to the three G.O. Bond issues, library, parks and fire department. She wants a written report indicating the status of each project. The projects being highlighted (City Hall and Public Works Compound) are those that were not approved by the public. She would.like to see the report published in the Dania Press. She commented the lights on Federal Highway have been on for several days, but her point was that at some point we need an engineering study for all the lights on Federal Highway. She believes they are substandard and that we need a planning process to bring the lights up to speed. She commented there are a number of signs throughout the City that were blown over during the hurricane that have not been picked up, and it is time for City staff to fix them. City Manager Pato responded Broward County is behind in replacing street signs, and it is a real problem. If the public calls us to report the damaged signs, we will fix them. Dominic Orlando, Director of Public Services, reported his staff met with representatives of the County and they surveyed the City and made a list of everything that needs repair. It is the County's responsibility to repair signs, not the City. If people call and report the damaged signs, we can make repairs. The Commissioners were upset that the County has not repaired our signs since the hurricane. They do not feel the citizens should call in with the information, and staff should look for them themselves. Vice-Mayor Flury wants the City to straighten all the signs. Mr. Orlando will have his crews handle this; it will impact their schedules, but they will do it. Vice-Mayor Flury commented Tamara Jones, a resident of Dania Beach whose mother works for the City, is a student at the University of Miami. She is the top scorer in the United States Women's Basketball teams, and will probably be the top draft choice this year. She thought we should do something to recognize her at the next meeting. 10.5 Mayor Castro Mayor Castro noted that Zach Adams, a resident of Melaleuca Gardens, gave her his comments regarding the airport and runway selection to read into the records, but she forgot them at home. She also commended Commissioner Anton for attending the airport meetings, and noted that the Melaleuca Gardens Homeowners Association would have the same speaker as the Airport Advisory Committee at their next meeting. Former Commissioner Albert Jones called her and indicated the trash had not been picked up in College Gardens. She commented that Joe Van Eton asked about the building behind Liberty Suites that was damaged by the hurricane because it is an unsafe structure. • Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,January 24,2006—7:00 p.m. Laurence Leeds, Director of Community Development, advised the building is scheduled for the Unsafe Structure Board on January 3Is'. Mayor Castro advised that Joe Van Eron would make a presentation at the next Commission meeting to request funding for the Tourism Council. She has someone contacting the people who filed a petition to not close the Fishing Pier during construction; and she suggested the Commission invite them back to the pier by offering a free one moth pass after construction is completed. She noted the Economic Redevelopment Kickoff event went well and got some excitement going in the City. She advised she appeared before the PSC yesterday on behalf of the City and thought we got some good publicity. She noted St. Maurice Catholic Church would have a ribbon cutting on Sunday for their new Day Care Center. The Commission has been invited to attend. She thanked everyone involved in the Martin Luther King, Jr. events, with special thanks to Cynthia Reese. 11. Discussion and Possible Action 11.1 Information from Public Services, BSO and Fire Department on the traffic calming device for SE 1st Street—City Manager Dominic Orlando, Director of Public Services, advised Calvin, Giordano & Associates (CGA) would make a proposal for volume and speed count on SW Is' Street and SW 2nd Street. The proposal is $750 per street for a 48-hour monitor. The design for speed bumps on I" Street would be $5,100; and it would be an additional $5,100 if we want to add a design for the work on 2nd Street. The total would be $11,700; the design for only I" Street would be $6,600. He advised CGA prepared a Maintenance of Traffic (MOT) Plan for SW 2nd Avenue, which should be submitted to the County tomorrow; a courtesy copy will be provided to FDOT. 11.2 Recommendation for adjustment to water bill for Richard Judge—City Manager City Manager Pato recommended a 50% adjustment to the water bill of Richard Judge. Commissioner Bertino motioned reduce the water bill of Richard Judge by 50%; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 11.3 Information on how to correct the street light issue on Federal Highway - Public Services Director City Manager Pato noted this was discussed under Commission Comments, but reiterated that the sensors were incorrectly aimed and we now think we have the problem resolved. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,January 24,2006—7:00 p.m. 11.4 Discussion of Public Services Department's need for purchases exceeding $15,000 — City Manager and Public Services Director City Manager Pato advised we need direction from the Commission because the magnitude of the projects in Public Works are considerably large and causing us to reach the $15,000 threshold with regular suppliers sooner than normal. Dominic Orlando, Director of Public Services, distributed information to the Commission that contained quotes from vendors for the Water Main Project. He requested raising the amount for three suppliers to $70,000. The project will be performed in-house and is estimated to include an additional $100,000 in materials to do the job. The total to be spent on the project should be $203,000 to complete the job in-house. Increasing the amount to the suppliers would allow us to purchase the least expensive item from one of the three vendors. He noted these are co-op prices that have gone out to bid by other cities. Commissioner Bertino is worried about perception; he feels all City business should be bid and kept in the public. Mr. Orlando responded the problem exists because we are doing the project in-house; had we gone out to bid it would not have been a problem. Going out to bid would delay the project by approximately three months, and the project has already been delayed for several months. Vice-Mayor Flury commented these are other Cities' bids, so the items have gone out for bid. • She suggested bringing a resolution forward with a cost breakdown for each vendor. Mayor Castro clarified that a report would be brought to the Commission at every subsequent meeting indicating the amount spent with each vendor. 12. Appointments Vice Mayor Flury appointed Jody Kennell, Marie Letzer, and Kristen Barron to the Human Relations Board. Vice-Mayor Flury appointed Patty Hart to the Nuisance Abatement Board. Vice-Mayor Flury appointed Pat Rafacz to the Unsafe Structures Board. Commissioner Anton motioned to approve the appointments; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes • Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday, January 24,2006—7:00 p.m. 13. Administrative Reports 13.1 City Manager City Manager Pato advised the City would be applying for $12,268 through the Bureau of Justice Assistance Grant (JAG) for the P.O.W.E.R. After School and Summer Camp Programs. The deadline for submittal is March 2, 2006, and there would be no matching funds. This requires a verbal consensus from the Commission. The Commission consensus was to apply for the JAG Grant. City Manager Pato noted there is a Housing Authority resident that needs an adjustment to their water bill due to hurricane damage. Our ordinance requires that you be a registered voter in the City of Dania Beach in order to have an adjustment to the water bill. This is a hardship case and requires a motion by the Commission because the person is not a registered voter. Commissioner Anton motioned to approve the adjustment; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes iCommissioner McElyea remarked he received a complaint from a citizen whose water was to be turned off. They were charged a $25 disconnect fee, however the water was not turned off. He indicated the City is turning off water for non-payment and showing no compassion at all. City Manager Pato distributed copies of signs posted on buildings that have capital construction projects; such as City Hall, Beach and Parks. Bonnie Temchuk, Assistant to the City Manager, advised RFPs are out for the City Hall expansion; Meli Park bids will be due March 17; CW Thomas bids will be due April 14; and I.T. Parker bids will run in conjunction with Meli Park; the Fire Station project is on course. City Manager Pato remarked he spent time with the Interim County Administrator on Friday, regarding the status of the two CRA projects submitted last February. He gave her a tour of the City and showed her the different issues we need to address for redevelopment. Currently, the County Administrator is not supportive of a grant, but something in between that would convert a loan to a grant as projects develop. He indicated there is still a question about the acquisition of the five properties adjoining the Dania Beach Hotel. He commented those five properties need to be kept in the project we submitted to the County. He encouraged the Commission to help identify other projects they would like to move forward when they meet as the CRA Board. He advised the County's Capital Redevelopment Plan is not .limited to the CRA area; it is applicable to any project in any part of the City. He commented we need to let the County know if the five properties surrounding the hotel is something they need to bring to the County Commission; the target date for the County Commission Agenda is the first meeting in February. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,January 24,2006—7:00 p.m. He suggested the Commission think about calling a CRA Board meeting very quickly so that we • can have clear direction as to what the next step should be. Vice-Mayor Flury remarked the CRA Board meetings should be on a regular schedule, at least monthly. She thought the CRA Board gave the consultants instructions to go forward with the purchase of the properties surrounding the Dania Beach Hotel. City Manager Pato responded the direction given to the consultants was to move forward, which they did; but there was a question of what if the need for eminent domain action was required. Vice-Mayor Flury remarked the CRA has failed miserably, and the County has let us down miserably. Our proposal was supposed to be expedited because we were going to be first with a TIF-less CRA. She suggested we consider going back to the County with a request for the original CRA. Mayor Castro remarked she has been working with people at the County on this issue. She does not like the loan to grant, but she understands their position. We cannot justify to them that we have building permits in,hand that they will get their return in investment and property taxes for the infrastructure project. She would like to pursue the loan to grant program. She noted there is no political will for eminent domain in many places within the County. She advised Oakland Park and Lauderhill are going to ask the County for the TIF style CRA, but she does not believe the County will approve it. • The Commission discussed several options for regular CRA meeting dates. It was decided the City Clerk would pick a date for monthly meetings and schedule a CRA Board meeting for next week to provide guidance to the City Manager. 13.2 City Attorney City Attorney Ansbro advised the Florida Legislature is looking into eroding CRA's statewide and their eminent domain power. It is very bleak, and if we do not do something with these parcels there is a good chance we will never be able to take them by eminent domain. He knows there is not a desire to do eminent domain, but we need to discuss this at a CRA meting to look for direction. He thinks the window will be closed within the next few months. 13.3 City Clerk—Reminders Tuesday, February 14, 2006— 7:00 p.m. —Regular City Commission Meeting Tuesday, February 28, 2006— 7:00 p.m. —Regular City Commission Meeting 14. Adjournment Mayor Castro adjourned the meeting at 9:29 p.m. • Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday, January 24,2006—7:00 p.m. • CITY OF DANIA BEACH ATTEST: ANNE CASTRO A ��' Q. ���0 MAYOR-COMMISSIONER LOUISE STILSON CITY CLERK Approved: February 14, 2006 • • Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,January 24,2006—7:00 p.m.