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HomeMy WebLinkAbout340 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JUNE 27, 2006 - 7:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Father Roger Holoubek, St. Maurice Catholic Church, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Patricia Flury Vice-Mayor: Bob Anton Commissioners: John Bertino • Anne Castro C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro Deputy Clerk: Miriam Nasser Father Holoubek advised that on June 14th St. Maurice Catholic Church held an interfaith prayer service where people from different religious denominations gathered to pray for the people in Darfur, Sudan. He commented that at the end of that service they signed petitions that are being sent to Senator Mel Martinez, Senator Bill Nelson and President Bush, requesting the government to take the necessary measures to end the violence, protect the helpless and end the genocide in that country. Father Holoubek noted some of those who attended the service were present at the meeting. He distributed copies of a sample Proclamation to be reviewed by the Commissioners, and requested the Proclamation for "The Crisis in Sudan" be included on the Regular City Commission Agenda for July 25'h 4. Presentations and Special Event Approvals 4.1 Award for Outstanding Service presented to Eugene Mace, Public Services Department Dominic Orlando, Director of Public Services, recognized Eugene Mace for outstanding service _0 when he saved the life of a 2-year old child on May 31, by blocking traffic to avoid a vehicle from hitting the boy. Mr. Mace was presented a plaque and a Dania Beach shirt. 4.2 Special Event Application for the Nova Southeastern University Barbeque to be held Friday, August 4, 2006 from 6:00 p.m. — 11:00 p.m. on Dania Beach Commissioner Castro motioned to approve the Special Event request for the Nova Southeastern University Barbeque on Friday, August 4, 2006; 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 4.3 Presentation by Daniel J. O'Keefe of Moore, Stephens, Lovelace, P.A., on their review of the City of Dania Beach Bid and RFP Procedures Daniel O'Keefe, Stephens, Lovelace, P.A., thanked the City for the opportunity to work for the City. He summarized the recommendations from their report and suggested the City may want to consider the following recommendations: ® Solidify the purchasing bidding process through formal training m Formalize responsibilities of Bid Committee ® Have Bid Committee designate a contact person for each project o Involve the City Attorney before contracts are created ® Utilize Web-based request for proposal advertising services ® Collect more information from vendors using the City's Website Vendor Notification Database ® Update the City's Purchasing Policy so that authority for rejecting bids should lie solely with the City Commission ® Update the City's Purchasing Policy so that notification of pre-bid meetings must be included in Request for Proposal advertisements. ® Consider accepting bids from new vendors if they are reasonably close to the winning bid o Engineering consultants should be retained for every construction job to ensure specifications are being enforced. ® Redesign Bid Tabulation Sheets to include evaluation criteria o Always have the Purchasing Coordinator send out Request for Proposal Notices instead of having consultants perform this task ® Consider setting up a hotline for fraud reporting ® Establish procedures for on-going monitoring to ensure compliance with procurement policies Mr. O'Keefe concluded that nothing came to their attention that would indicate that City management was showing favoritism to certain vendors or that changes were being made to specifications to accommodate specific vendors. He suggested training staff involved in the bid process, standardizing procedures, and keep consistency from one proposal to the next. Mr. O'Keefe indicated that in choosing a contractor, they should meet the specifications, and their Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. references should be good, as well as their prices. He commented he provided the Finance Director with sample tabulation sheets from other municipalities to use as a guideline. Mayor Flury asked Mr. O'Keefe about the recommendation to "Consider accepting bids from new vendors if they are reasonably close to the winning bid". Mr. O'Keefe commented there are other municipalities who would not give one contract to a contractor who currently has a project in progress, and instead of picking the low bidder, they would pick the next low bidder, to encourage other contractors to bid on a regular basis. He added that having one or two vendors bidding did not generate the competition that the City needed. Commissioner Bertino confirmed with Mr. O'Keefe that requesting a Bid Bond protects the City's funds and gives reassurances that the project would be completed. Mayor Flury thanked Mr. O'Keefe and Finance Director Varney for the information. 4.4 Presentation of the Thor Guard Lightning Detection System Mark Felicetty, Senior Program and Facilities Manager of the Parks and Recreation Department, advised that the installation of the Thor Guard Lightning Prediction and Warning Systems at C.W. Thomas Park, Frost Park, P.J. Meli Park and the Beach has been completed. He noted that the system operates by evaluating the electrostatic activity in the atmosphere, and is accurate up to a 15 mile radius. Mr. Felicetty further advised it would be advertised in the Dania Beach Press and the City's Website, and training would be scheduled to make sure everyone involved would know how the system works. Commissioner Bertino was glad to see the Lightning System had been installed and thought this was a very positive step the City had taken for the safety of our children. 4.5 Presentation by Calvin, Giordano & Associates, Inc. on the SE 2nd Avenue/SE 3rd Street Neighborhood Traffic Study; SW 2nd Avenue Traffic Study; and Mausoleum Feasibility Study/Cemeteries City Manager Pato advised this item would be continued to the July 25, 2006 City Commission meeting. 5. Proclamations There were no proclamations at this meeting. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, June 27,2006—7:00 p.m. 6. Citizen Comments Joe Van Eron, on behalf of the Dania Beach Tourism Council, distributed copies of news on the Tourism Council to members of the Commission and City staff. He advised that the Florida Commission on Tourism awarded the Dania Beach Tourism Council $9,500 for three of the four grants for which they applied. These funds will allow the Council to move forward with the Website, major marketing, and other tourism projects. He thanked the City Commission for their support and confidence. Mr. Van Eron noted that he will present the Quarterly Report at the July 25, 2006 City Commission Meeting. George Jason, 4549 SW 37 Avenue, on behalf of Dania Beach Neighborhood United, announced there would be a Special meeting, tomorrow at 7:00 p.m., in the Conference Room at City Hall. They will provide information on how to develop a radio network program where people can reach the main headquarters of the Fire Department in order to let the City know what is happening in some of the areas of the City, in the event of a hurricane. He further advised that Deputy Fire Chief Mike Cassano will be at the meeting to help create a CERT Program (Community Emergency Response Team) for our City. Mr. Jason added that in order to be certified, people would need to attend a 17'/z hour training seminar on emergency response. Mary Pavallin and Leo Casey expressed their concerns about construction that has been going on for about four years at 4663 SW 34 Terrace, which is next to their home. They advised that the owners have been working without a permit and that debris is piling up which could create a health issue in the neighborhood. Mayor Flury indicated that this information would be passed on to the City Manager who would make sure that someone visits the property and checks it out. Kurt Ely, Chairman, Parks and Recreation Advisory Board, indicated he would not be able to stay until Item #11.2 is addressed, therefore he would like to make sure something is put at Frost Park, whether a canopy or something similar. He added that the Parks and Recreation Advisory Board finally decided they want something installed at Frost Park. Mr. Ely noted that Parks and Recreation Director Jones was aware of the Board's wishes. Pastor Ronald Scott, Restoration Outreach Center and Patricia Johnson, United Church of Liberia, spoke about the "Progress in the Park" event which would take place on August 5, 2006 at the Martin Luther King Jr. Community Center, located at 2400 Charleston Street in Hollywood. They advised that the event is co-sponsored by the City of Hollywood and the City of Dania Beach and that some of the participants were the School Board Members, Community Bank, Collins Elementary and Olsen Middle School. Mayor Flury advised she knows the program well and thought it was a great event for the children; they get immunizations, plus everything they need to go back to school. She asked Pastor Scott and Ms. Johnson if there was anything they needed from the Commission. Commissioner McElyea asked why Dania Elementary was not included. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. Ms. Johnson responded they would be adding more schools next year. Mayor Flury noted she had received an informational package in the mail and she had passed it on to the City Manager to coordinate the parade with BSO Chief Bryan Cowart. Chief Cowart confirmed he is aware of the event and BSO would be able to handle the event with on-duty staff. It was the consensus of the Commission to support the August 51h "Progress in the Park" Parade. Bonnie Miskel, Ruden McClosky, on behalf of the Dania Beach Hotel, requested an extension to the June 22nd deadline to submit a complete site plan for the mixed use development. She advised that the situation has now changed, mainly with the Dania Jai Alai becoming a casino, and her client would like to resubmit new plans to the Commission for a hotel-condominium development. Mayor Flury noted we were now under Citizens Comments, and although she had no objection to the extension, this item would need to come back to the Commission on a regular agenda so that a proper discussion could take place. Commissioner Bertino thought this was not the appropriate place on the Agenda to discuss this matter. City Attorney Ansbro indicated that due to the deadline, he suggested the applicant request Commission approval to be put on the next Regular Commission Meeting Agenda. It was the consensus of the Commission to include this item on the July 251h Commission Agenda. 7. Consent Agenda Items removed from Consent Agenda: #7.2, #7.3, and#7.7 7.1 Minutes: Approve minutes of Regular City Commission meeting of June 13, 2006 7.2 Travel Requests: Travel request of Jim Reid, Kenci Saintil, Aaron Guest and Javier Carvajal to attend the ALS Team Competition in Orlando, Florida on July 11-14, 2006. (Estimated cost $1,746— remaining balance $9,090) Travel request of City Manager Ivan Pato to attend the ICMA Conference in San Antonio, Texas on September 9-13, 2006. (Estimated cost $2,190, remaining balance $4,889) Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,June 27, 2006—7:00 p.m. • Mayor Flury asked if overtime would be incurred by the City on the travel request from the Fire Department. City Manager Pato advised in this specific case there would be a slight impact and the Fire Department would need to use overtime to pay those who would cover the absences. Commissioner Castro motioned to approve Item #7.2; 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 Resolutions 7.3 RESOLUTION#2006-101 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN SECURITY SERVICES FOR THE DANIA BEACH MARINA FROM STATEWIDE ENTERPRISES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $37,000.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-101. City Manager Pato confirmed for Mayor Flury that this amount would cover security services until September 30, 2006, and that this is just a short term arrangement until we find the right person to run the Marina. Patricia Varney, Finance Director, clarified for the record, that a Special Revenue Fund has been created for all expenses related to the Marina and that the amount requested in the Resolution should cover the $28,000 approved in April, which has already been spent, plus the difference to take us to the end of the Fiscal Year. Mayor Flury thought the City was expending too much money on security services for the Marina and hoped the situation would soon be corrected. City Manager Pato pointed out that he is in the process of interviewing people for the position. Commissioner Castro motioned to approve Resolution #2006-101; 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 6 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. • 7.4 RESOLUTION#2006-111 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE MICROSOFT LICENSES FOR CITY COMPUTERS IN AN AMOUNT NOT TO EXCEED $25,100.00,UNDER THE STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CONTRACT NO. 255-001-01-1, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2006-108 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A GRANT AGREEMENT ON BEHALF OF THE CITY WITH BROWARD COUNTY IN CONNECTION WITH A $15,000.00 NON-MATCHING GRANT FOR A DESIGN ARTS PROGRAM FOR THE CITY, FUNDED UNDER A BROWARD CULTURAL COUNCIL GRANT PROGRAM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2006-104 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A UTILITY WORK AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CITY UTILITY WORK TO BE LOCATED WITHIN A PORTION OF THE RIGHT OF WAY OF EAST DANIA BEACH BOULEVARD; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2006-110 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF ITS 0 PROMISSORY NOTE, SERIES 2006, IN THE PRINCIPAL AMOUNT NOT TO EXCEED $1,466,640.00, TO PAY FOR THE RENOVATION, EXPANSION AND EQUIPPING OF THE CITY HALL COMPLEX AND RELATED COSTS ; PROVIDING FOR THE PAYMENT OF THE NOTE FROM THE WATER UTILITY TAXES IMPOSED BY THE CITY; PRESCRIBING THE FORM, TERMS AND DETAILS OF THE NOTE; AWARDING THE NOTE TO WACHOVIA BANK, N.A. BY NEGOTIATED SALE AND MAKING CERTAIN RELATED COVENANTS AND AGREEMENTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the revised title of Resolution#2006-110. Patricia Varney, Finance Director, clarified for Commissioner Bertino that the City issued a Request for Proposal in May, 2006 and Wachovia was the lowest bidder. She also noted that Wachovia Bank has an interest rate of 4.07% and a $6,000 Bond Counsel cost, as well as a prepayment penalty based on the breakage point at the time of prepayment. Commissioner Bertino motioned to approve Resolution #2006-I10; 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 Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. 7.8 RESOLUTION#2006-113 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH PROFESSIONAL ACCESS SERVICES, INC., TO PROVIDE CONSULTING SERVICES TO THE CITY IN CONNECTION WITH CITY COMPLIANCE WITH THE FEDERAL LAW KNOWN AS THE "AMERICANS WITH DISABILITIES ACT" (THE "ADA") FOR AN AMOUNT NOT TO EXCEED $15,000.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro confirmed for Mayor Flury that this is the second contract the City has signed this year for ADA Consulting services and it would take us through the end of the Fiscal Year. Mayor Flury clarified the City had budgeted $50,000 for these services. Commissioner Bertino motioned to approve the Consent Agenda, with the exception of Items #7.2, #7.3, and #7.7; 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 8. Bids and Requests for Proposals 8.1 RESOLUTION#2006-109 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH FRANK HILL CONSTRUCTION, INC. FOR INTERIOR RENOVATIONS OF THE I.T. PARKER COMMUNITY CENTER IN AN AMOUNT NOT TO EXCEED $82,850.00 (INCLUDING CONTINGENCY FUNDS); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-109. Commissioner McElyea mentioned Frank Hill was his cousin and questioned if he could vote on this item. City Attorney Ansbro advised he checked the State Statutes and cousins are not included. He confirmed for Commissioner McElyea that he could vote since he is not a close relative. Kristen Jones, Director of Parks and Recreation, clarified for Mayor Flury that there would be no rentals during the time that the I.T. Parker Community Center is being renovated. Commissioner Castro motioned to approve Resolution #2006-109; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, June 27,2006—7:00 p.m. Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 8.2 RESOLUTION#2006-117 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE AWARD OF BID TO MEF CONSTRUCTION, INC. FOR CONSTRUCTION ACTIVITES ASSOCIATED WITH CONSTRUCTION OF THE WATER MAIN LOOPING PHASE I PROJECT — WATER PLANT TO DOWNTOWN WATER MAIN FOR THE CITY WATER SYSTEM IN THE AMOUNT OF $1,944,405.00; 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#2006-117. Dominic Orlando, Director of Public Services, confirmed for Mayor Flury that the next four items are part of the Master Plan approved in 2002. Vice-Mayor Anton motioned to approve Resolution #2006-117; 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 8.3 RESOLUTION#2006-115 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF AN AGREEMENT FOR THE WATER MAIN LOOPING PHASE I—WATER PLANT TO DOWNTOWN WATER MAIN PROJECT; USING STATE REVOLVING FUNDS; AUTHORIZING THE AWARD OF A WORK AUTHORIZATION TO CAMP, DRESSER AND MCKEE (CDM) FOR CONSTRUCTION SERVICES ASSOCIATED WITH CONSTRUCTION OF THE WATER MAIN LOOPING PHASE I — WATER PLANT TO DOWNTOWN WATER MAIN FOR THE CITY WATER SYSTEM IN THE AMOUNT OF $152,000.00; 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 #2006-115. Commissioner Castro motioned to approve Resolution #2006-115; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. • 8.4 RESOLUTION#2006-116 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 $1,159,000.00 FOR CONSTRUCTION ACTIVITES ASSOCIATED WITH CONSTRUCTION OF THE WATER MAIN LOOPING PHASE I — WATER PLANT TO DOWNTOWN WATER MAIN FOR THE CITY WATER 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. City Attorney Ansbro read the title of Resolution#2006-116. Commissioner Castro motioned to approve Resolution #2006-116; 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 8.5 RESOLUTION#2006-118 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF AN AGREEMENT FOR THE MEMBRANE WATER PLANT UPGRADE PROJECT; USING WATER FUNDS; AUTHORIZING THE AWARD OF A WORK AUTHORIZATION TO CAMP, DRESSER AND MCKEE FOR SERVICES ASSOCIATED WITH THE PRELIMINARY DESIGN AND PILOT TESTING FOR THE MEMBRANE WATER PLANT PROJECT FOR THE CITY WATER SYSTEM IN THE AMOUNT OF $207,333.00; 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#2006-118. Commissioner Bertino asked Public Services Director Orlando if changing the membranes would allow us to polish water that is now substandard. He further noted that the County commented that we would be running out of water within the next four years, and if that is the case they might stop development in our City. Director Orlando advised the membrane can be upgraded to do that. Commissioner McElyea asked Director Orlando what was wrong with the water in the southeast section of the City. He added that he had received several complaints from schools saying that it looked like iced tea. Director Orlando advised that it could be the pipes in the facility. He will look into it. Commissioner Castro motioned to approve Resolution #2006-118; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro` Yes Mayor Flury Yes Commissioner McElyea Yes 8.6 RESOLUTION#2006-114 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 $664,638.00 FOR CONSTRUCTION ACTIVITES ASSOCIATED WITH CONSTRUCTION OF THE WATER MAIN LOOPING PHASE II — EAST DANIA BEACH BLVD. WATER MAIN FOR THE CITY WATER 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. City Attorney Ansbro read the title of Resolution#2006-114. Commissioner Castro motioned to approve Resolution #2006-114; 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 Mayor Flury thanked Director Orlando for all that has been accomplished during his short time with the City. City Manager Pato felt the City Commission deserved a lot of credit for having the commitment to make this happen. He added this is a major accomplishment which would make redevelopment in the City possible. 9. Public Hearings and Site Plans 9.1 ODINANCE #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. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-023. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Minutes of Regular Meeting 1 1 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. Commissioner Bertino motioned to adopt Ordinance #2006-023, on second reading; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.2 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. (Continued from June 13,2006) City Attorney Ansbro read the title of Resolution #2006-094. He advised this item would be continued until the July 25, 2006, Regular City Commission meeting at 7:00 p.m. 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 continue Resolution #2006-094 until the July 25, 2006, City Commission meeting at 7:00 p.m.; 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 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. City Attorney Ansbro further noted that Items #9.3 through #9.6 were related and read the titles of Resolution #2006-112, Resolution #2006-105, Resolution #2006-106, and Resolution#2006-107. 9.3 RESOLUTION #2006-112 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION REQUEST (VC-03-06) BY EDWARD P. PLOSKI, AICP, CRAVEN THOMPSON & ASSOCIATES, REPRESENTING HOLLYWOOD INVESTMENT GROUP, LLC TO VACATE AND CLOSE A PORTION OF NE 1 AVENUE GENERALLY LOCATED BETWEEN THE PIRATES' INN AND THE FORMER FISH GRILL PROPERTIES, ADDITIONALLY, TO VACATE A FIFTEEN (15) FOOT ALLEY LOCATED ON THE FORMER FISH GRILL SITE; AND TO VACATE A ONE AND ONE HALF (1 ''/z) FOOT WIDE UTILITY EASEMENT FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE 1ST COURT, DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING • FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. • Laurence Leeds, Director of Community Development, explained that the City Code requires development proposals to be reviewed by staff, the Planning and Zoning Board and the City Commission. He noted the applicant's role in this process is to submit complete, clear, and correct plans so staff can determine, quite simply, if the building can fit on the site and function properly for the useful life of the structure. Director Leeds advised that staff s role is to review the plans and submit a recommendation to the Planning and Zoning Advisory Board, who would submit their recommendation to the City Commission and the City Commission would then decide whether to approve the proposal as submitted, approve the proposal subject to conditions, or deny the proposal. Director Leeds commented that some people are under the impression that the City Commission plan approval assures that the project will actually be built; however, the City Commission approval merely establishes a plan for the development of private property, and it is up to the builder to prepare construction drawings, to obtain financing, County and State permits, and build the building. He clarified that it is only when the City owns the property, prepares the plans, and funds construction, that the City has control over the timeline of construction. Director Leeds further advised that the current property owner, Hollywood Investments Group, LLC, has submitted a number of applications to construct a mixed-use multi-story building located on the north side of Dania Beach Boulevard, between US 1 and NE 1st Court. He mentioned that the site, which is surrounded by commercial zoning, contains 2.26 net acres and is currently occupied by the Pirates Inn Hotel, retail stores, and vacant land formerly occupied by the Fish Grill Restaurant, and that the closest residential zoning is RD-8000 (Duplex), which is located north of the project on the east side of NE 1st Court. Director Leeds explained that the proposal shows a single building covering 97% of the site, including a portion of NE 1st Avenue, which must be vacated to build the project. He noted that the proposed building is 400 feet long abutting Dania Beach Boulevard, and 200 feet long abutting US 1. The building elevations show a 150 foot high building to the top of the roof. Director Leeds reported that the plan proposes 305 apartment units, 10,000 square feet of retail and 10,000 feet of sit-down restaurant space. The applicant has not provided any information regarding retail or restaurant tenants, although this information is usually not known until later on in the development process. He added that in terms of height, size, and usage, the building is consistent with the tentative City Commission CRA Zoning criteria discussed in May, 2006 and if approved, the allocation of the 305 LAC units would leave a balance of 2,000 units in the Local Activity Center. Director Leeds mentioned that the current plan shows 141 studio and one-bedroom apartments, and 164 two-bedroom apartments, and that it is not unusual for the unit mix to change between site plan approval and building permitting. He added that most apartments vary between 600 to 900 square feet and because floor plans were not provided; it is unclear whether washer/dryer facilities would be available in each apartment. Director Leeds stated that this project is much larger than the existing buildings on the site and would generate more traffic. He indicated that the applicant's traffic impact study was referred to the City's Traffic Consultant, Tinter and Associates, for their review and comments and they Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. concluded that "while adequate operating conditions will be maintained along the adjacent roadway system through build-out in 2008, there are still outstanding ground floor site plan issues". Director Leeds pointed out that the ground floor site plan issues have not yet been resolved. Director Leeds indicated that the proposal includes a parking garage and the applicant has requested a 26% parking variance (from 829 spaces to 611 spaces), which would represent reducing the required restaurant parking by 40% and eliminating apartment guest parking entirely. He further noted that most of the parking spaces in the garage are tandem (back-to- back) and that this type of parking requires the car closest to the drive aisle to be backed out, temporarily blocking the drive aisle, in order to remove the inner car. Director Leeds advised the Tinter and Associates review supports a 22% parking variance, which is less than that requested by the applicant, but still a very significant reduction that would require an additional 40 parking spaces to the current plan. He mentioned that the applicant wished to address the 40 space deficit by installing hydraulic stack spaces in the commercial parking area, however, Tinter and Associates indicated that the parking structure could only accommodate 27 spaces on the first floor, which is 13 spaces short of what is required. Director Leeds commented that the alternative solution addressed in Tinter and Associate's report dated June 16, 2006, allows the City to require an additional 27 stacked hydraulic valet spaces, if the parking deficit is determined to adversely impact the surrounding neighborhood during the 18 months following construction. He suggested a developer/City agreement would be necessary to enforce this condition against subsequent property owners. Director Leeds noted the Tinter and Associates recommendation is subject to 24-hour/7-days a week valet and condominium language disclosing to condo buyers that "designated guest parking is not provided and limited valet guest parking is available on a first-come,first-serve basis". Director Leeds advised he could not support the alternative proposal provided by Tinter and Associates because he does not believe it provides sufficient apartment guest parking. He added that the current plan provides only one guest parking space for each ten apartments, and that these are not designated guest spaces, but are only available on a first-come, first-serve basis, and must be shared with retail/restaurant customers. Director Leeds noted that the 40 additional spaces recommended by staff would provide one space for each seven apartments, closer to what is typically required for guest parking where public parking is limited. Director Leeds reported that the site plan package is still deficient or incomplete in some areas; the most significant being the functionality of the parking structure, loading/unloading zones, service areas, garbage collection, emergency vehicle access, vehicle stacking within the valet parking area, and lack of clarity as to the north building elevation. He also noted that the top floor of the parking structure is inaccessible to vehicles taller than 5 feet 10 inches in height and that the minimum acceptable vertical clearance above the first floor is 7 feet 2 inches (14 feet on the first floor of the garage). Director Leeds further noted that the Fire Marshal, reviewing plans submitted June 16, 2006, indicated travel distance to emergency exits may exceed Fire Code requirements, possibly requiring an additional stair tower, and plans have not been submitted demonstrating compliance with emergency vehicle turning radius. He commented that Tinter and Associates indicated the Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. plan is not drawn to a scale allowing verification of sufficient inbound vehicle stacking or the interior valet arrangement. Director Leeds added that these are just a few of the outstanding site plan issues. Director Leeds advised that the Planning and Zoning Board recommended approval of the Special Exception request to allocate 305 LAC dwelling units, and the height and pervious area Variance, subject to conditions included in the staff report. He indicated that staff concurs that the Planning and Zoning Board conditions have been met and supports their recommendation. Director Leeds further explained that the Planning and Zoning Board recommended denial of the Parking Variances, one for the number of parking spaces and the other to allow tandem/stacked parking spaces, unless adequate justification is provided for 26% reduction. He added that based on the 40 space deficit, the Planning and Zoning Board conditions have not been met and therefore staff cannot support the Variance. Director Leeds commented that the City Commission had the option, if they so desired, to approve the alternative parking proposal involving the addition of 27 hydraulic stack spaces, if deemed necessary by the City, within 18 months of the issuance of the last Certificate of Occupancy for the project. Director Leeds indicated that the Planning and Zoning Board recommended approval of the Street Vacation, subject to conditions outlined in the staff report. He pointed out that staff would concur only if the City Attorney could devise a mechanism to insure the NE lst Avenue vacation becomes effective only if the project is properly permitted. Director Leeds thought it was not wise to vacate the street until the City Commission has some level of comfort as to the timetable for construction of this building. Commissioner Bertino asked Director Leeds if 40 parking spaces was the total deficit or only the 22% reduction, and how many additional parking spaces would be needed to comply with Code. Director Leeds advised that to achieve the 22% reduction recommended by Tinter and Associates, the applicant would be required to add 40 more parking spaces and that in order to comply with Code they would need at least another 200 parking spaces. Director Leeds advised that the Planning and Zoning Board recommended approval of the Site Plan in concept, provided the applicant submits a finished, complete site plan addressing the conditions in the staff report and any other issues that may arise once the applicant has submitted a complete package. He further commented that based on the number of unresolved, critical, site plan issues staff cannot recommend approval of the plan. The City Commission has the discretion to approve the plan. Director Leeds also commented that in regards to the Condo Disclosure (Rental v. Ownership), the City has, in the past, restricted multi-family to condo only, with no more than one rental per year. The applicant wishes to lease the units until they are sold, allowing unit owners to rent the apartment up to twice a year. Director Leeds indicated if the Commission does not impose any restrictions, the applicant can operate a rental project. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday, June 27,2006—7:00 p.m. Director Leeds indicated the current unit mix is approximately 40% one-bedroom and efficiencies, and 60% two-bedroom. If the Commission does not specify unit mix, the applicant is permitted to amend the plan to allow 100% one-bedroom apartments, or 100% two-bedroom apartments. Director Leeds noted the City Commission would set the Park Impact Fees which should be paid prior to the issuance of a building permit. He added if the fee was not approved tonight, the applicant would have to come back for Commission approval at another public hearing. Vice-Mayor Anton confirmed with Director Leeds that the 611 parking spaces provided by the applicant included both retail and residential. Director Leeds pointed out that, in addition to the Park Impact fees, there were also outstanding cost recovery fees and the current balance for this project is approximately $1,000. He added that due to repetitive reviews from traffic engineering and general staff, he anticipated an additional deposit of$10,000-$15,000 from the applicant. Director Leeds commented that, at the request of the applicant, a statement of costs would be provided to him. Bonnie Miskel, Ruden McClosky, Attorney for the applicant, provided a Power Point presentation to explain the different requests submitted for Commission approval. She indicated that about four years ago, the previous seller had attempted to move forward with the project, but did not succeed. She stated there were some outstanding issues with this project and it was difficult to comply with Code, since this was actually the first Dania Beach Urban project and the current Code does not address this type of product. Attorney Miskel introduced Anne Cuddard, Architect for the project. Anne Cuddard, Architect for the project, resumed the Power Point presentation, describing the project in detail and explained that the property is located at a very important intersection, the Urban Center of Dania Beach, and they are hopeful that retail stores and restaurants will increase pedestrian activity in the area. Attorney Miskel clarified for Commissioner Bertino that the Department of Transportation would require dedication on both Federal Highway and Dania Beach Boulevard, and is reflected in the plan. Ed Ploski, AICP, Senior Planner, Craven Thompson and Associates, Inc., advised the project has met the Broward County Trafficways requirements, and they are granting an additional 12 feet of right-of--way for a proposed right turn lane at the northwest corner and an additional 16 feet of right-of-way on Dania Beach Boulevard. Kathy Sweetapple, Transportation Consultant for the applicant, advised this was a difficult site considering the suburban nature of the Code, and for that reason they made several concessions in order to make it work. She noted they are providing more parking per unit than any of the comparable urban and suburban categories and she confirmed that retail and restaurant meet Code. Ms. Sweetapple noted they offered a monitoring condition to look at how the first two Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday, June 27,2006—7:00 p.m. levels work during the first year of operation, and they also have the commitment from the owner that he will continue to work with staff on any issues. Attorney Miskel pointed out that if this project was approved, the Commission would be able to make any necessary changes in the future. She further recognized they are introducing a new concept, but they are confident it will be a good thing for the City. Mayor Flury opened the Public Hearings. Bryan Cohen, 1958 SE 21S` Avenue was pleased to see the water improvements approved for the downtown area. He supported the project and thought this was what the City needed. Clare Vickery, business owner at 49 N. Federal Highway, commented she is excited about the project, and is happy to see someone willing to invest in Dania Beach. She thought it was very distressing to see a lot of properties closed and encouraged business owners to work with Dominic Orlando, Public Services Director and his team, to help rebuild the downtown area. Ms. Vickery requested approval of the project. Claudia, 900 SE 6th Street, advised she is,a survivor of a plane crash off the shores of Dania Beach, where emergency workers saved her life. She remarked how excited she was to see the City grow and that she supports the project. Lee De Course noted he is building a house in the area and would soon be a new resident. He thought Dania Beach was a great location and was in favor of the project. Benjamin Wohl, 1933 N. Federal Highway, Past President of Dania Beach Main Street, commented that his first and main concern was the closing of a roadway and dedicating it to the developers. He also pointed out that for years the City has been trying to maintain low buildings and felt there were other adequate places in Dania Beach for this type of project, Mr. Wohl thought the building did not look attractive and it is not the vision of what people want the City to be. Lastly, he believed parking was a problem, but noted that there were other significant issues impacting the downtown area that needed to be addressed in a timely and consistent manner. Rebecca Trinkler, P.O. Box 1814, business owner on N. Federal Highway next to the project, expressed her concerns about a project of this size on such a small parcel. She thought the future would provide better projects. Ms. Trinkler was also worried about the loss of ingress and egress to the various buildings surrounding the project and hoped the Commission would consider these points before making any decision. Robert Trinkler, P. O. Box 1814, Dania Beach Investments, expressed great concern over the parking situation. He further commented he applauded the developers and the Commission and thought this project was vital for the development of Dania Beach, however, he thought it should be reworked before a final decision was made. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday, June 27,2006—7:00 p.m. David Romanik, Becker and Poliakoff, representing Dania Jai Alai, owner of the sign above the Pirates Inn since June 1954, pointed out the sign does not appear on any of the plans presented. He commented that his client is supportive of development in downtown Dania Beach and this project, but he is not pleased with the negotiations with the owner of the building regarding the sign. He distributed, for the record, a copy of the recorded lease agreement between Aragon Group, Inc. and the owner of the building. Attorney Romanik thought the developers wanted the City to eliminate the sign and any obligation they would have to pay compensation for the elimination of the property interest. He further advised that they engaged an appraiser who has appraised the value of the sign at $520,000. City Attorney Ansbro stated that Attorney Romanik is aware that we are not here tonight to discuss the Dania Jai Alai sign and that the case is now before the Unsafe Structures Board. He further noted that at the time of the hearing they would have the opportunity to appeal any decision made by the Board on whether or not the sign should be removed because it is considered an unsafe structure. Attorney Romanik advised that someone would have to pay $520,000, and requested to add as a condition to the Site Plan approval, that the developer be required to pay the cost for the removal of the sign when the time comes for State Statutes to be exercised. He indicated the City had the opportunity to protect itself and pass the expense to the person who should bear it. Rick Sutton, property owner at NE lst Court and NE I" Terrace, was concerned about the traffic issue and would like someone to look at the Department of Transportation statistics and how the situation would be addressed. Attorney Miskel confirmed for the record that the Department of Transportation has required the developer, and they have agreed to comply, to have dual right turns which would cut the problem in half. She added there would be four entrance/exit points available. Paolo Di Francis, owner of Paolo Three's Restaurant, was very excited with the project and thought traffic was not a big issue. He supported the project. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearings. Commissioner Bertino asked City Attorney Ansbro for the City's rights and rules regarding the granting or denying of a roadway vacation. City Attorney Ansbro advised that the City would have to determine that there is no need for continued public use of that road and make sure no one is deprived of access. Vice-Mayor Anton confirmed with City Attorney Ansbro that in the event the roadway was vacated, the City could place restrictions before final permits were issued. He also clarified for the record, that if the roadway was vacated, they would ensure that there is still easy access for the surrounding neighbors, not only from I" Street,but also from Dania Beach Boulevard. Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. Commissioner McElyea suggested the developers build a bridge between Dania Beach Boulevard and Bryan Road. Commissioner Castro pointed out that vacating the street would help protect the neighborhood, while residents would still have access to businesses and buildings. She further noted that there are 3,000 units designated for the flex area in downtown Dania Beach and traffic is going to get worse. The two proposed right turn lanes will help. Commissioner Castro commented she did not think this project would be the cause of our traffic growth. Commissioner Bertino favored of the project, but we need to consider a major traffic solution in the City. He agreed with Commissioner McElyea's suggestion. Benjamin Wohl thought by vacating the roadway, people would be circulating in a residential street instead of a commercial street, and suggested traffic go through the building, rather than the City giving up access way. Mayor Flury agreed with Commissioner Castro that the traffic problem would be created by the Casino, not this building. She thought if this project moved forward, we would have the opportunity to find a better solution to the traffic issue. Rebecca Trinkler felt that if this building provided housing for people coming to the Casino, the Commission should assume that all the parking spaces would be utilized. Commissioner Castro motioned to adopt Resolution #2006-112, with staff conditions in Exhibit "A" and the two conditions requested by the Planning and Zoning Board; seconded by Mayor Flury,who passed the gavel to Vice-Mayor Anton. Commissioner Bertino asked if the developers would consider building a tunnel under the road. Attorney Miskel responded that if this were done, they would lose more parking and a more dramatic variance would be required. She also indicated that some business owners might not be aware that the Department of Transportation would be closing the median which would preclude left turning movement onto lst Avenue. Commissioner Castro was against building a tunnel and thought it would create a safety issue. She further advised that a lot of businesses are in deplorable condition and this was a good offer to bring more customers to the downtown area, because residents are tired of our dilapidated old downtown and want to see it rejuvenated. Commissioner Castro felt this was a good starting project for the City to finally bring about what the residents of Dania Beach want. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday, June 27,2006—7:00 p.m. Mayor Flury suggested having a Workshop to discuss the traffic situation for the whole City, once the preliminary Budget Workshop is over. 9.4 RESOULTION #2006-105 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY CINDY MEYER REPRESENTING HOLLYWOOD INVESTMENTS GROUP, LLC., FROM CHAPTER 28, "ZONING", FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE IST COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Bertino motioned to adopt Variance #1 on Resolution #2006-105, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Commissioner Castro motioned to adopt Variances #2 and #3 on Resolution #2006-105, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; 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 Commissioner Castro motioned to adopt Variance #4 on Resolution #2006-105, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; 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 Vice-Mayor Anton was not in favor of a variance request to reduce parking by 26.3% and thought it would be detrimental to the people living in the area. Mayor Flury thought it was for the City Commission to find a solution to the parking problem in the City and suggested including an item on the next Regular CRA Board Meeting to discuss how to solve this issue. Commissioner Bertino would like two additional stories of parking added to the project. Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. Attorney Miskel commented adding two stories of parking would not be feasible, but they had suggested using the automated system. Director Leeds confirmed for Vice-Mayor Anton that the City Code is comparable with other cities with regards to parking and noted that the difficulty in this case was limitations on the sharing parking among retail, restaurant and residents. Both Attorney Miskel and the Architect for the project, confirmed for Commissioner Castro that the applicant would be agreeable to use the above option. Commissioner Bertino motioned to adopt Variance #5 on Resolution #2006-105, with the condition that it should have at least 700 parking spaces. The motion failed for lack of a second. Commissioner Castro motioned to adopt Variance #5 on Resolution #2006-105, to reduce required overall project parking by 26.3%. The motion failed for lack of a second. Commissioner Castro motioned to adopt Variance #5 on Resolution #2006-105, to reduce required overall parking by 22%, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; seconded by Vice-Mayor Anton. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes 9.5 RESOLUTION#2006-106 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A REQUEST SUBMITTED BY CINDY MEYER REPRESENTING HOLLYWOOD INVESTMENTS GROUP, LLC., FOR A SPECIAL EXCEPTION TO ALLOCATE 305 LOCAL ACTIVITY CENTER ("LAC') DWELLING UNITS TO CONSTRUCT A MIXED USE RESIDENTIAL/COMMERCIAL DEVELOPMENT FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE IIT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2006-106, with Staff conditions in Exhibit "A" and subject to this approval being non-transferable to any other property owner; 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 #2006-107 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED FOR THE CASA BENI PROJECT BY HOLLYWOOD INVESTMENTS GROUP, LLC, Minutes of Regular Meeting 21 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE IsT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Director Leeds reminded the Commission that approval of the Site Plan request should include the conditions in Exhibit "A", any Fire Rescue recommendations and a Condo Disclosure relating to rentals. He clarified for the record, that in the past the City has restricted multi-family to condo only with no more than one rental per year. Director Leeds asked the Commission if they would like to make a decision on the park impact fees. City Attorney Ansbro recommended revisiting this issue another time. Mayor Flury advised that the design of the building does not reflect the type of modern-classic style discussed in the past. She added an additional condition that the final building design and color scheme come back to the Commission for final approval. Vice-Mayor Anton motioned to adopt Resolution #2006-107, with Staff conditions in Exhibit "A", the final building design and color scheme to be submitted to the City Commission for final approval, condo documents to be consistent with what has been done in the past, and approval being non-transferable to any other property owner; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner McElyea Yes Commissioner Bertino commented he had no problem with the hydraulic system, but would like the City to make sure they are workable. Director Leeds noted that the City has the right to cite them if the system is not working properly. 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino wished everyone a Happy 4ch of July. 10.2 Commissioner Castro Commissioner Castro praised the City Commission for what they accomplished tonight and thanked her colleagues for going forward with this project. She wished everyone a Happy 4`h of July. Minutes of Regular Meeting 22 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. 10.3 Commissioner McElyea Commissioner McElyea commented there was a lady who complained about trash on NW 9t" Street and 14t" Avenue. Vice-Mayor Anton thought Code Enforcement had taken care of the boat issue at that address. Laurence Leeds, Director of Community Development advised that people had been cited about the boat and they should appear before the Special Magistrate at the July meeting. He further indicated that he talked to Ms. Winslow about the trash issue and advised her that currently there is no provision in the Code and it would need to be changed. Mayor Flury suggested this family should be contacted to try to help them out with the trash situation. Director Leeds will ask a police officer to contact Ms. Winslow. Commissioner McElyea would like Code Enforcement to pick up the many signs scattered around the City. Mayor Flury agreed with Commissioner McElyea and thought these signs make the City look bad. • Laurence Leeds, Director of Community Development, indicated these signs are mainly along US 1 and Griffin Road, and he will make sure that Code Enforcement takes care of the situation. 10.4 Vice-Mayor Anton Vice-Mayor Anton reminded everyone that, although there have not been any recent activities on the airport issue, the County is still moving forward with their plans. He further commented that the County is facing some problems involving parking structures. Vice-Mayor Anton encouraged everyone to show their support to their County Commissioners. Vice-Mayor Anton asked City Attorney Ansbro for an update on the parking issues for the northwest and southwest areas. He would like to have some information prior to the next CRA meeting. City Attorney Ansbro advised that Attorney Tim Ryan is compiling the necessary information for properties owned by the City in the downtown area, for submission to the Commission. Vice-Mayor Anton advised that the County Commission discussed affordable housing at their meeting. He asked City Manager Pato and Community Development Director Leeds, to develop a plan and place it on a future agenda. Minutes of Regular Meeting 23 Dania Beach City Commission Tuesday, June 27, 2006—7:00 p.m. 10.5 Mayor Flury Mayor Flury had no comments. 11. Discussion and Possible Action 11.1 Marina Maintenance City Manager Pato explained that repairs needed at the Marina, in the amount of$30,000, require Commission approval because it exceeds his level of authority. He indicated work could be done in-house and funds would be taken from the Marina operating revenues. 11.2 Canopy for Frost Park Kristen Jones, Director of Parks and Recreation, advised we have three choices for the canopy at Frost Park: a concrete square canopy, a gazebo type, or bring it back to the Parks and Recreation Advisory Board for their decision. Mayor Flury stated the Commission would like an extension of the existing roof. She suggested bringing some drawings for the Commission to look at and perhaps they could find some viable options. City Manager Pato thought he knew what the Commission wanted. He will meet with Director Jones and bring back some options for Commission approval. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Pato had no comments. 13.2 City Attorney City Attorney Ansbro had no.comments. Minutes of Regular Meeting 24 Dania Beach City Commission Tuesday,June 27,2006—7:00 p.m. 13.3 City Clerk—Reminders 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 14, Adjournment Mayor Flury adjourned the meeting at 10:35 p.m. CITY OF DANIA BEACH AT EST: PATRICIA FLURY jtba) MAYOR-COMMISSIONER LOUISE STILSON, CMC CITY CLERK • Approved: July 25, 2006 Minutes of Regular Meeting 25 Dania Beach City Commission Tuesday, June 27,2006—7:00 p.m.