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HomeMy WebLinkAbout2005-01-11 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JANUARY 11, 2005 - 7:00 P.M. 1. Call to Order Mayor McElyea called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Reverend Richard Austin, First Baptist Church of Dania Beach, gave the invocation and all remained standing for the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: C.K. McElyea Vice-Mayor: Bob Mikes Commissioners: Bob Anton Robert Chunn Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Powerpoint Presentation by Kristen Jones, Director of Parks and Recreation, of improvements to Meli Park. Kristen Jones, Director of Parks and Recreation, thanked the Commission for their support of the projects in the Parks and Recreation Department. She also thanked Bonnie Temchuk, Assistant to the City Manager, and Fernando Vazquez, Director of Public Services, for their assistance in the project. She presented slides of the improvements to the facility. 4.2 Special Event Request for the Dania Beach Flea Market at Dania Jai Alai, to be held March 31 through April 3, 2005. Laurence Leeds, Director of Community Services, advised staff has no objections to the request, subject to compliance of the requirements in the Staff Report. Al Berrent, 1062 SE 6t" Court, advised this is the 26t" annual event. • Commissioner Flury motioned to approve the request for the Dania Beach Flea Market at Dania Jai Alai on March 31-April 3, 2005; seconded by Commissioner Chunn. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 4.3 Request by Jay Kodner of Kodner Galleries, Inc. for approval to continue to operate an Auctioneer's business for property located at 45 South Federal Highway. Laurence Leeds, Director of Community Development advised this is required in order to continue the business. Commissioner Chunn motioned to approve the request to continue the operation of the Auctioneer business at Kodner Galleries, Inc.; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments George Jason thanked Commissioner Chunn for the opportunity to assist in the distribution of $4,000 in toys at Christmas. He appreciated the opportunity to ride on the new Fire Truck and noted that the people in the community were happy to see them. He remarked the Election is approaching and he is pushing people to come to the forums and meet the candidates. He noted there are three Commissioners being elected, and those people can shape the future of our City over the next four years. Commissioner Chunn thanked Mr. Jason for being Santa Claus. Randi Smith, 649 E. Sheridan Street, noted she is a candidate for City Commission. She commended the Commission for moving forward on planning for the impact of the Slot Machine Referendum. She commented this will be important in bringing about the revitalization of our Downtown area in a positive way. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, January 11,2005—7:00 p.m. 7. Consent Agenda Items Pulled from Consent Agenda: 7.1 7.2 Travel Expenditures Request of Louise Stilson, City Clerk, to attend the 2005 IIMC Annual Conference in St. Pete Beach, Florida, on January 19-21, 2005, for certification purposes. (Estimated cost $475) Request of Fernando Vazquez, Public Services Director, to attend Professional Development training in Altamonte Springs, Florida, on January 20, 2005, for License renewal. (Estimated cost $414.20) Request of Patricia Varney, Finance Director, to attend the Florida Cable and Telecommunications Law-Local Government Workshop in Orlando, Florida, on January 19, 2005. (Estimated cost $376) 7.3 Bills: There were no bills presented at this meeting. Resolutions 7.4 RESOLUTION #2005-005 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE ROAD RESURFACING SERVICES IN AN AMOUNT NOT TO EXCEED $200,000.00 IN THE FISCAL YEAR 2004-2005, UNDER PALM BEACH COUNTY BID 03/04-06; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2005-008 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE RENEWAL OF A ONE YEAR AGREEMENT WITH WEBUNITED, FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FOR A MONTHLY FEE OF $499.00 WITH THE SOLE PROVIDER, WEBUNITED; AUTHORIZING THE AGREEMENT TO PROVIDE WIRELESS NETWORK SERVICES THROUGH A "T-1" LINE TO PROVIDE INTERNET ACCESS FOR THE CITY'S COMPUTER SYSTEMS IN ACCORDANCE WITH RESOLUTION NUMBER 2003-277; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2005-009 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING A ONE YEAR AGREEMENT WITH PROTECT POINT, FOR THE PURCHASE OF SUPPLIES, SERVICES,EQUIPMENT AND MATERIALS FOR A ONE YEAR SUBSCRIPTION FEE FOR VIRUS PROTECTION OF $2,200.00 AND A MONTHLY FEE OF $600.00 WITH THE SOLE PROVIDER, PROTECT POINT; AUTHORIZING THE AGREEMENT TO PROVIDE NETWORK SECURITY SERVICES TO INCLUDE A MANAGED FIREWALL, MANAGED INTRUSION DETECTION, MANAGED GATEWAY VIRUS PROTECTION, MANAGED GATEWAY SPAM ERADICATION AND MANAGED CONTENT FILTERING FOR THE CITY'S NETWORK; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,January 11,2005—7:00 p.m. 7.7 RESOLUTION#2005-011 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THAT CERTAIN "INTER- LOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY OF DANIA BEACH FOR COMPREHENSIVE EMERGENCY OPERATIONS PLAN FOR ALL HAZARD HOMELAND SECURITY"; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2005-012 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING THE WATER AND SEWER SYSTEM IMPROVEMENTS, ABSOLUTE BILL OF SALE, SANITARY SEWER EASEMENT AND WATERLINE EASEMENT FROM SHERIDAN BEACH CLUB CONDOMINIUM ASSOCIATION NUMBER ONE, INC., A FLORIDA CORPORATION, SUBJECT TO A CERTAIN CONDITION; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION#2005-014 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING SUBMISSION BY THE CITY OF THE LOAN APPLICATION TO THE PROGRAM FOR $2,362,490 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH A NEW WATER TANK FOR THE CITY AT THE WATER PLANT SITE AND RELATED ANCILLARY CONSTRUCTION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Chunn motioned to approve the Consent Agenda,with the exception of Item #7.1; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes Item pulled from Consent Agenda: 7.1 Minutes Approve minutes for Workshop of December 9, 2004 Approve minutes for Workshop of December 13, 2004 Approve minutes for Regular Meeting of December 14, 2004 Approve minutes for Breakfast Meeting of December 15, 2004 Vice-Mayor Mikes questioned the minutes from the Workshop of December 9'". He questioned if the cost of transport for the EMS was recorded correctly. He commented that he did not realize the high cost to the City. He is concerned with the exposure the City is getting and with the continuing cuts in subsidy to local governments. He commented the City will need to deal with this problem in the future. Vice—Mayor Mikes motioned to approve the Minutes; seconded by Commissioner Chunn. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,January 11,2005—7:00 p.m. Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 8. Bids and Requests for Proposals There were no proposals for this meeting. 9. Public Hearings and Site Plans Item #9.11 was heard first,followed by Item #9.9, followed by the remainder of the Public Hearings. 9.11 RESOLUTION#2005-013 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING A SITE PLAN MODIFICATION FOR DEVELOPMENT UPON PROPERTY KNOWN AS THE "KEVfN'S PLAT' PROPERTY; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. He advised this item was quasi-judicial • and swore-in all who would speak. Mayor McElyea disclosed that he had contact with the petitioners. Laurence Leeds, Director of Community Development, advised the Commission approved the Site Plan approximately two years ago. The applicant is in the process of submitting construction drawings and has brought in a revision to the drawings that show a 4'-7' retaining wall on the north side of the property. The applicant was required to provide a Conservation area at the rear of the property. At that time the Site Plan indicated the wall would be 2'. The revised plan shows the wall needs to be 4.5'-6.5'. He advised the City Attorney recommended it should be brought before the Commission for approval. He remarked that Staff recommends approval of the change. He advised he was told by Environmental Staff at Broward County this would help the Conservation area and reduce erosion. Mayor McElyea opened the Public Hearing. Shelly Eichner, Calvin Giordano and Associates, advised an error was made on the original plans submitted for the vertical height of the fence. She noted the elevations on the Site Plan show the Conservation area at an elevation of two; the height of the surrounding land where the buildings will be located is an eight; therefore the retaining wall by necessity needs to be six feet. She distributed photos of the property to the Commission. She apologized for the error in the elevation showing it would be two feet when in reality it will be six feet. Nancy Bebonn, 1354 SE 5th Court, advised she lives at property adjoining the Conservation area. She indicated she was asked to speak on behalf of the concerned homeowners. They are not Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,January 11,2005—7:00 p.m. • concerned with the height of the wall, but the quality and type of wall to be erected and its effect on the Conservation area. She advised they have been working with Barbara Chou if DPEP and Susan Smith from County Commissioner Rodstrom's office. They are requesting a delay until the study being conducted by the two offices can be completed. Kevin Guthard, Trafalgar Associates, owner of the property, advised Barbara Chou, of Broward County, has seen the site and is encouraging them to build the wall as soon as possible. He noted they have just filled the site and the preserve area was impacted. He stated time is of the essence because they need to monitor the area for five years to insure that the trees are well. He noted there is a $100,000 bond in place to insure the continuance of the Conservation area. Vice-Mayor Mikes asked if we could get written correspondence or a representative from the agency for the next meeting. Mr. Guthard responded he did not have a problem with the postponement, however, rainfall without the retaining wall, is going to hurt the mangroves. Vice-Mayor Mikes motioned to continue Resolution #2005-013 until January 25, 2005 at 7:00 pm., and to invite the County Agency to send a representative, but if the County will not send a representative then ask them to send a letter on their position on the project; seconded by Commissioner Flury for discussion. Commissioner Flury remarked the larger wall looks like the better way to go. She asked Mr. Leeds if the County is in agreement with the change in wall height. Mr. Leeds responded the County has verbally told him they are in agreement with changing the wall height. He reported the County Staff has indicated it would be better. He noted the Conservation area is not doing well and the County is studying it and evaluating how to make it better. The problem is some mangroves have fallen down and the water is not good. Ms. Eichner noted the intent was to have a retaining wall to hold the dirt. Unfortunately, it was a Scrivener's error on the detail section of the wall; the other plans show the actual elevation. Mr. Guthard asked for clarification as to the intent of the letter. Commissioner Flury responded support for the change in the height of the wall. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes • Minutes of Regular Meeting Dania Beach City Commission Tuesday,January 11,2005—7:00 p.m. 9.9 RESOLUTION#2005-004 HEARD AFTER ITEM#9.11 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY THOMAS LAUBENTHAL, REPRESENTING SOUTH FLORIDA SPORTS COMMITTEE, FOR PROPERTY LOCATED AT 2600 SW 36TH STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Laurence Leeds, Director of Community Development, advised that the Motocross has been in operation since May 1994, at which time the City Commission amended the Zoning Code to allow motocross parks as a Special Exception Use in the M-1 Zoning District. The property was rezoned in August 2000 to IROM which does not allow outdoor recreation facilities. He noted that Community Development has no recommendation on this item and it needs to be addressed by the City Attorney or Fire Chief. Ronald L. Book, P.A, 2999 NE 191 Street, Aventura, FL, was present to represent the applicant. He noted the applicant did not understand the County process for a Brownfield project when he obtained the property. He indicated the applicants had made some representations that were not realistic. He noted they did not have control of the Brownfield process; it was handled by the County and State. He remarked the applicant has spent thousands of dollars to make the property marketable. The Motocross facility gave people in the community an opportunity to do motocross when they would otherwise be using other people's properties in an illegal fashion. He commented they are once again asking for the opportunity to use the facility while they try to sell the property. He stated he was surprised at the representations that were made in the past. He believes the property will be owned by someone else in one year, but he will not make a guarantee that it will. He noted the Motocross has been in operation for ten years and has never been sued because it has been operated safely. He advised the applicant has met all the requirements asked for by the City Attorney and City Manager. He believes the City is protected and the conditions have been met by his client. He remarked it is not fair to penalize someone for not being as knowledgeable as he should have been in the Brownfield process. He indicated the applicant has support of the community. He stated it was a privilege to appear before the Commission and have the opportunity to represent his clients. Mayor McElyea opened the Public Hearing. Karen Gottlieb, 4473 Treasure Cove Drive, remarked the kids in her neighborhood want this and she asked the Commission to move forward on this issue. Henry Doan, from Miami Shores, remarked he has appeared before the Commission before and asked the Commission to allow the Motocross to continue its operation. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Commissioner Anton asked Mr. Pennick if he had a buyer for the property. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,January 11,2005—7:00 p.m. City Attorney Ansbro swore-in Mr. Pennick. Brian Pennick, 7401 NW 401h Court, Coral Springs, indicated the Brownfield process precluded the property from being sold. He remarked the mortgage has been bought, and technically he does have a buyer for the property. He requested approval to finish out this year, and noted he is working with the new buyer to help facilitate the site plans. He stated there is nothing left for him to do to sell the property, and he does not see himself coming back to the Commission after this point. Commissioner Anton asked the City Attorney if all the requirements had been met. City Attorney Ansbro responded the owners of the property have executed a Hold Harmless Indemnification Agreement; they provided insurance as we requested; and they have made arrangements for BLS (Basic Life Support) from American Medical Rescue. Michael Cassano, Fire Department, advised there is a requirement for a BLS for every race. He indicated the Fire Department is unable to commit because they have too much extra detail. As long as they provide a private ambulance service they meet the concern. Vice-Mayor Mikes asked if there were any legal issues that would continue this indefinitely. Attorney Book responded there is no litigation over the ownership. • Commissioner Anton motioned to approve Resolution #2005-004, with the condition the approval is non-transferable to the new property owner, and the insurance meets the City Attorney's requirements, and that the permit will be revoked if the applicant fails to comply with any other conditions set; seconded by Commissioner Chunn. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes No Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9.1 RESOLUTION #2005-010 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING REFERENDA FOR THE PURPOSE OF DETERMINING THE ISSUANCE OF SIX SERIES OF GENERAL OBLIGATION BONDS IN THE NOT TO EXCEED AMOUNTS OF $1,000,000, $3,500,000, $2,000,000, $2,200,000, $2,000,000 AND $2,600,000 OF THE CITY TO FINANCE THE COST OF VARIOUS PROJECTS LOCATED WITHIN THE CITY TO BE USED FOR PUBLIC PURPOSES AS DESCRIBED IN THIS RESOLUTION; PROVIDING FOR AND CALLING FOR SIX (6) BOND REFERENDA OF THE QUALIFIED ELECTORS OF THE CITY TO BE HELD ON MARCH 8, 2005; PROVIDING FOR OFFICIAL BALLOTS; PROVIDING FOR BOND REFERENDUM PROCEDURES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Vice-Mayor Mikes asked the City Manager to discuss how it would be shown on the tax bill. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,January 11,2005—7:00 p.m. City Manager Pato advised it would appear as a separate line item on the tax bill and would be calculated on the present assessed value of the property. He stated everyone will see it on their tax bills, there will be no exemptions. City Attorney Ansbro advised the Save Our Homes program allows for a 3% cap on the appraised value every year. He advised this is not the same; it is a separate line item. Patricia Varney, Finance Director, advised the average home value for Dania Beach is $137,000 with a $25,000 Homestead Exemption, bringing the value to $112,000. She clarified the Bond payment is based on taxable value and is still subject to the Save Our Home. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Flury motioned to approve Resolution #2005-010; seconded by Commissioner Anton. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes No Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes Addenda Items 9.1.1 and 9.1.2 9.1.1 RESOLUTION #2005-015 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR A NON-BINDING STRAW BALLOT MEASURE TO BE PRESENTED TO THE ELECTORS OF THE CITY CONCERNING RETIREMENT PLANS AND RELATED BENEFITS APPLICABLE TO FUTURE CITY EMPLOYEES, TO BE SUBMITTED TO THE ELECTORS IN CONJUNCTION WITH THE GENERAL CITY ELECTION ON TUESDAY, MARCH 8, 2005; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORS; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Mikes motioned to approve Resolution #2005-015; seconded by Commissioner Chunn. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes i Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,January 11,2005—7:00 p.m. 9.1.2 RESOLUTION #2005-016 • A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR A NON-BINDING STRAW BALLOT MEASURE TO BE PRESENTED TO THE ELECTORS OF THE CITY CONCERNING WHETHER SOME DEGREE OF HISTORIC PRESERVATION SHOULD BE REQUIRED AS A PART OF CITY REDEVELOPMENT EFFORTS, TO BE SUBMITTED TO THE ELECTORS IN CONJUNCTION WITH THE GENERAL CITY ELECTION ON TUESDAY, MARCH 8, 2005; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORS; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Mayor McElyea opened the Public Hearing. Bart Kader, 5941 SW 361h Terrace asked for clarification. Vice-Mayor Mikes responded the Commission takes a lot of time to get input from the community on visioning. He noted this allows the voters to have.an opportunity for a voice on historic preservation in the City. Laurence Leeds, Director of Community Development reported the City had a study done in 1999 that identified 12 buildings in the City. • Vice-Mayor Mikes remarked he asked for this because he is leaving the Commission and hoped the next Commission would get some direction from the community on historic preservation before they get carried away. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Commissioner Flury remarked we have a historic preservation ordinance, and questioned why we needed a Straw Ballot. Mr. Leeds responded the Historic Preservation Ordinance gives the properties that have been officially designated special protection. However, the buildings can be demolished with Commission approval. Commissioner Chunn motioned to approve Resolution #2005-016; seconded by Vice-Mayor Mikes. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9.2 ORDINANCE 42005-002 . AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CALLING AN ELECTION ON THE Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,January 11,2005—7:00 p.m. . PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY, MARCH 8, 2005; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF A NEW CITY CHARTER INCLUDING A SERIES OF PROPOSED CHARTER AMENDMENTS WHICH RESULTED FROM REVIEW BY THE CITY COMMISSION OF THE RECOMMENDATIONS OF THE CITY'S CHARTER REVIEW BOARD; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR RELATED MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the Ordinance. He apologized for the delay in handing out the changes to the Ordinance, and explained the changes to the Commission. He indicated the City Commission selected eight issues to place on the ballot. He noted the minor changes are on page 5, question 7, pertaining to the City Manager. All it does is add the word "revise the Manager's contract authority". He advised due to a concern of the wording for the vacancies on the City Commission, the ballot question has been reworded to provide more clarity. He remarked the City Manager had proposed a new ballot question on limitation of the City Commission communicating with City employees. Currently the provision addresses that no Commissioner shall give orders to any employees. He noted there are times when the communication between Elected Officials and employees is unclear as to whether it is direction, so the proposal is to clarify it and submit it to the voters. He has provided two versions which allow for the Commission to create an Ordinance to establish policies that all communications would be directed through the City Manager. He noted that Vice-Mayor Mikes has concerns about the Real Property transaction provisions. . Commissioner Flury asked how it was currently worded in the Charter. City Attorney Ansbro read from the Charter and advised the current wording does not allow the Commission to have contact with the employees without notifying the City Manager; but this is not the way the Commission acts in the real world. The proposed provisions allow the Commission to adopt an Ordinance to set a policy or procedure for dealing with employees. Vice-Mayor Mikes remarked it should be a Commission policy. It is impossible not to talk to staff because the City Manager is not always available. The problem is when a Commissioner represents outside interests such as a developer, and goes to the Building Department to gather information. He remarked the Commission has no staff to assist them and therefore they need to be able to contact staff. He suggested the Commission only deal with Department Heads. City Manager Pato remarked he thinks neither proposal is good. He suggested leaving it the way it is and to establish a policy that the Commission can do exactly as they do today. He noted that meddling in negotiations was not acceptable. He is a proponent of honesty and integrity in the way we do business. He supports an open door policy for every Department Head. He remarked that sometimes the Department Heads and employees are sometimes intimidated by Commission requests and inquiries. He thanked the City Attorney for reminding him to look at it, because neither proposal is better than what we currently have, and he does not see a reason for change. Mayor McElyea noted that he often speaks to staff members because he is no better than any of • them and sometimes he is curious as to what they are doing. He noted sometimes he can help staff because of his extensive knowledge of the City. Minutes of Regular Meeting I I Dania Beach City Commission Tuesday,January H,2005—7:00 p.m. City Manager Pato stated we just need a policy. Commission consensus was to leave this item alone. Vice-Mayor Mikes had concerns on pages 12-13 regarding the protection of Parks. He does not think it is written the way the Commission intended. City Attorney Ansbro asked Vice-Mayor Mikes for the correct wording. Vice-Mayor Mikes suggested new wording for page 12, Sec.I.: ..., these provisions shall not apply to lands located within the City Community Redevelopment Area unless the existing or future lands are designated as parks or community facilities, as identified in the City Comprehensive Land Use Plan. City Attorney Ansbro noted he would take Vice-Mayor Mike's amendment and the one he mentioned for the adjective for the City Manager's ballot question about contract authority, and do a re-write of the Commission vacancy. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Mikes motioned an amendment to Page 12, Section 1: , these provisions shall not apply to lands located within the City Community Redevelopment Area unless the existing or future lands are designated as parks or community facilities, as identified in the City Comprehensive Land Use Plan.", along with the addition suggested by the City Attorney; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes Vice-Mayor Mikes motioned to adopt Ordinance #2005-002, as amended; seconded by Commissioner Chunn. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9.3 ORDINANCE #2005-001 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND COMCAST OF FLORIDA, A SUBSIDIARY OF COMCAST CABLE COMMUNICATIONS, LLC,AND COMCAST OF FLORIDA/ILLINOIS/MICHIGAN, INC., A SUBSIDIARY OF COMCAST CABLE COMMUNICATIONS, LLC, COLLECTIVELY DOING BUSINESS LOCALLY AS COMCAST; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND • PROVIDING AN EFFECTIVE DATE. (SECOND READING) Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,January 11,2005—7:00 p.m. • City Attorney Ansbro read the title of the Ordinance. City Manager Pato advised the agreement was for twelve years, and includes upgrading the system, high speed internet services and the like to government buildings and schools in Dania Beach. There will be an access channel for the exclusive use of the City in the future. He advised that Comcast will no longer provide the personnel necessary to broadcast the meetings. However they will make available funds to train people to provide for a smooth transition. He noted we have negotiated this agreement for two years. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Chunn motioned to approve Ordinance #2005-001; seconded by Commissioner Flury. The motion carried on the following 5-0 Moll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9.4 ORDINANCE #2004-042 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY SYNALOVSKI, GUTIERREZ, ROMANIK, ARCHITECTS, INC., ON BEHALF OF DANIEL SAWICKI, REPRESENTATIVE FOR STIRLING LLC, FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF STIRLING ROAD AND SW 35 AVENUE, IN DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RESIDENTIAL MULTI-FAMILY (RM-5) AND ESTATE (E-1) TO A PLANNED UNIT DEVELOPMENT (PUD-B); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Items #9.4, 9.5, and 9.6 because they all pertain to the same property. Corinne Church, City Planner, advised three actions are requested. The first is a rezoning; the second if for variances; and the third is for site plan approval. She noted the new zoning would allow the applicant to build 31 residential units. The first variance is to waive the 15 acre minimum requirement for PUD-B by combining two pieces of property to create the largest area possible. In addition they are requesting to waive the requirement for 15% open space, which staff recommends denying. The third variance is to waive the 15' clear landscape buffer on the south side of the property. Staff is requesting a recorded Landscape Easement be provided in order to document the prohibition of construction within this area. The fourth variance is to waive 10' of clear landscape buffer on the north. She noted staff recommends approval of all the requests, except waiving the 15% Common Private Open Space requirement. • Mayor McElyea opened the Pubic Hearings. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,January 11,2005—7:00 p.m. Manny Synalovski, Architect for the project, spoke on behalf of the applicant. He noted they do not see the difference between providing common space for the benefit of 31 homes, compared to splitting the space equally among the 31 homes, which is what they have done. He advised there will be 10 custom homes, and 21 semi-custom homes. He remarked the Commission has approved very little single family homes in the last couple years. They are making a dedication of a public Park which was previously approved by the Commission. They are also dedicating property and building a Lift Station that the County is not capable of providing. He clarified they are providing the 15' landscape buffer required by Code, but the placement of the perimeter wall is within that area. He stated they are willing to record the required easement. Bart Kader, 36th Terrace, lives near the property, and had questions on the site plan. Mr. Synalovski explained the site plan. Laurence Leeds, Director of Community Development, advised this is a unique property that was annexed in 2001 and is surrounded by the City of Hollywood. Mr. Kader asked the cost of the homes. Mr. Synalovski responded $800,000-$900,000 for the semi-custom homes which would be approximately 3,200 square feet. Lewis Ketchen, 5845 SW 34th Terrace, questioned the traffic on SW 35th Street. Mr. Leeds responded the FDOT will not allow a driveway on Stirling Road and they requested the driveway be as far north of Stirling Road as possible. Douglass Alves, 3482 SW 57th Place, Hollywood, remarked he is a zoning professional in New England, and lives in a manufactured home in Hollywood. He commended the presentation and the review the Planning Department gave to the Commission. William Bierdshaw, 5921 SW 36th Terrace, Dania Beach, asked if a traffic study had been done because traffic is currently a problem on SW 35th Avenue. Mr. Leeds advised the applicant has not requested a change in the Land Use. He agreed there is a tremendous amount of traffic which originates from Oak Ridge and Maple Ridge where there are hundreds of homes. He does not know what the impact will be. Mr. Synalovski noted the plan was submitted to Broward County for Plat approval, and they received no comments from Traffic Engineering relative to any adverse impact the 31 homes will have on SW 35th Avenue. They also submitted the plans to FDOT and they had no objections; they did insist that access be on SW 35th Avenue. Mr. Leeds advised the City of Hollywood needs to be contacted for traffic problems because it is within their jurisdiction. He confirmed that FDOT would not allow access on Stirling Road. He noted the City of Dania Beach does not have jurisdiction over the area. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday, January 11,2005—7:00 p.m. • Mayor McElyea closed the Public Hearing. Commissioner Chunn motioned to approve Ordinance #2004-042, approving the rezoning request; seconded by Commissioner Flury. The motion carried on the following 3-1 Roll Call vote: Commissioner Anton Out of the Room Vice-Mayor Mikes No Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9.5 RESOLUTION#2005-002 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY SYNALOVSKI, GUTIERREZ, ROMANIK, ARCHITECTS, INC. ON BEHALF OF DANIEL SAWICKI, REPRESENTATIVE FOR STIRLING, LLC. (FOREST VIEW), FROM CHAPTER 28, "ZONING", ARTICLE 7, "PLANNED UNIT DEVELOPMENTS" AND CHAPTER 26, "VEGETATION", ARTICLE IV, "LANDSCAPING", FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF STIRLING ROAD AND SW 35TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Flury motioned to waive the Common Area, and approve Resolution #2005- 002; seconded by Commissioner Chunn. The motion carried on the following 4-1 Roll Call vote: • Commissioner Anton Yes Vice-Mayor Mikes No Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9.6 RESOLUTION #2005-001 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY SYNALOVSKI, GUTIERREZ, ROMANIK, ARCHITECTS, INC., ON BEHALF OF DANIEL SAWICKI, REPRESENTATIVE FOR STIRLING, LLC. (FOREST VIEW), FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF STIRLING ROAD AND SW 35TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Chunn motioned to approve Resolution #2005-001; seconded by Commissioner Flury. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes No Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9.7 RESOLUTION #2004-210 A RESOLUTION OF THE CITY OF DANIA BEACH APPROVING THE VARIANCE REQUEST BY KEVIN HERRING FROM CHAPTER 28, ZONING, ARTICLE IV, SCHEDULE OF LOT YARD AND BULK REGULATIONS, FOR PROPERTY LOCATED AT 665 SW IIT STREET (WITHIN THE COMMUNITY Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday, January 11,2005—7:00 p.m. • REDEVELOPMENT BLOCK GRANT AREA), DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from December 14,2004) City Attorney Ansbro read the title of the Resolution. Corinne Church, City Planner, advised the Commission continued this item to allow the applicant to supply additional information. The floor plan submitted shows a one-story, three bedroom house; Staff is requesting 2 additional parking spaces; and Staff recommends approval of all variances with conditions. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Chunn motioned to approve Resolution #2004-210, with conditions; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9.8 RESOLUTION #2005-003 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED . BY MICHAEL SHIFF, PRESIDENT OF THE SHIFF GROUP, FROM CHAPTER 12, ARTICLE III, SECTION 12-52, FOR PROPERTY LOCATED NORTH OF SW 45TH STREET, EAST OF SW 30TH AVENUE, WEST OF SW 28TH WAY, AND SOUTH OF THE DANIA CUT-OFF CANAL, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. He advised the Commission that Mr. Shiff has requested a continuance until March 22, 2005. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Anton motioned to continue Resolution #2005-003 until March 22, 2005, at 7:00 p.m.; seconded by Commissioner Chunn. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes Item #9.10 was heard after Item #9.8. 9.10 RESOLUTION #2005-006 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUESTS BY PARK OCEAN, LLC., FOR AN EXTENSION OF THE PREVIOUSLY APPROVED FLEX/RESERVE UNIT Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,January 11,2005—7:00 p.m. ALLOCATION REQUEST LUF-23-03 (APPROVED FOR AN EXTENSION BY RESOLUTION 2004-200, • WHICH EXPIRES ON MAY 23, 2005); FOR AN EXTENSION OF VARIANCE VA-72-03, APPROVED FOR AN EXTENSION BY RESOLUTION 2004-200 (HEIGHT VARIANCE), WHICH EXPIRES ON JULY 1, 2006; FOR AN EXTENSION OF THE SETBACK VARIANCE, APPROVED FOR AN EXTENSION TO MAY 23, 2005 BY RESOLUTION 2004-200; AND FOR AN EXTENSION OF THE SPECIAL EXCEPTION REQUEST SE-71-03, WHICH WAS APPROVED FOR AN EXTENSION BY RESOLUTION 2004-200, WHICH ALSO EXPIRES ON MAY 23, 2005; AND FOR CLARIFICATION OF THE SITE PLAN APPROVAL FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD APPROXIMATELY 300 FEET EAST OF THE MOTEL SIX, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Laurence Leeds, Director of Community Development, advised the Commission approved the request some time ago with a number of conditions relative to when things needed to be completed. An extension request was approved in November 2004. The applicant is in the process of addressing six of the ten conditions mentioned in the Resolution. The developer indicated that he acquired the property from Ocean Development Properties and has spent over $7M on the project. He commented the applicant has expressed a concern about the conditions that would require him to come before the Commission every six months. He indicated there is an issue with uncertainty and has requested a change from what the Commission initially approved. The developer is still willing to commit to obtain a building permit before July 2006, and submit construction drawings during 2005. They are requesting not to have to come back every six months to give a progress report. • Allen Ojeda, owner and developer of the project, requested the assistance of the City Commission to expedite the project. He noted he has been working on this project for two years and has been trying to build the trust of the City Commission. He believes that he has proven himself to the Commission and noted that he is taking a big risk on this project. He stated he is working as quickly as possible on the project. He commended City staff for the outstanding work they have done on the project. He is here tonight because he is at the point where he needs to talk to banks and they see that he needs to keep coming before the City Commission every six months. He remarked there is no direction as to how the extensions will be approved every six months. He suggested if he submitted a full set of working drawings before the end of this year, the approvals would be valid until he gets the building permit. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Laurence Leeds, Director of Community Development, advised the process started approximately two years ago because it required a Land Use Plan Amendment. The project was delayed by Tallahassee, the South Florida Regional Planning Council and the Broward County Commission for one year. He noted the applicant has moved very quickly on this project. Vice-Mayor Mikes is concerned because there has been a change of beneficial ownership, and wonders if he really has financial backing or if it will take another 2-3 years. He questioned how we define these projects as reality as opposed to speculation. • Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday, January 11,2005—7:00 p.m. Mr. Leeds responded there is no guarantee and he cannot predict the future. All he can do is 0 compare the track record of this project with others. He noted the property did change owners, but the current owner was also involved with the prior owner. He commented that of all the projects in the downtown area, this is the most real. Vice-Mayor Mikes is concerned that if this person wants to flip this to the County, obviously he will get more money, and we may never see a project. He questioned how he could be insured there is financial reality in this project. Mr. Leeds responded he does not know any City that conducts a financial investigation. He noted there is a Site Plan, there is a limitation on density, there is an architectural rendering which Vice-Mayor Mikes put together, and whoever buys it, if that happens, they have to live with that. He noted there is still an expiration date of July 2006, and asked if we were adding any value by eliminating the six month review. Mr. Ojeda responded he is not asking for any approvals that have not been granted. He noted that he has been building for 22 years, and last year he built 288 units in Broward County. This year he is on the 36th floor of a building in Miami which is an $80M project, and the debt is zero. He is only asking for help to prove to everybody that he is willing to build this. He needs experience, which he has; money, which he has; and a market, which is here now. He remarked now is the time to be selling units. He needs something to bring to the bank that shows he has the right to build. A bank needs equity in the project, and they ask for pre-sales and a fixed cost for construction. He is asking for assurance for himself and his creditors. Commissioner Flury commented this is a project we want to see happen, and Mr. Ojeda has been consistent and has been here from the beginning. She thinks sometimes you need to take a chance on things and we should let him go get the project done. City Attorney Ansbro noted we need to clarify that even though we gave Site Plan approval last November, the applicant has a full eighteen months for the Site Plan. He remarked we should give him that time from the date it was approved, and then he wants until July 1, 2006 to submit actual building plans. Mr. Leeds clarified the applicant has indicated he will submit complete construction plans by December 31, 2005; and he has indicated he will pull a permit by July 2006, unless there is some City issue that causes a delay past that point. He noted we have been working on the Utility issue and we have a lot more work to do. He would not want to penalize the applicant if the City is not ready. Commissioner Flury motioned to approve Resolution #2005-006, with Mr. Leeds recommendation; seconded by Commissioner Chunn. Vice-Mayor Mikes commented this would be a great project, if it happens. He asked the City Attorney if there was anything else the City should structure into the Resolution. • City Attorney Ansbro responded by asking Attorney Bonnie Miskel if her client could agree that Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,January 11,2005—7:00 p.m. • he cannot sell this; this right is personal to him, not his corporation; he has to be the guarantor of it. Bonnie Miskel, Attorney for the applicant, responded you are,asking him to offer something that the Federal Constitution and the State Constitution allow him by right. City Attorney Ansbro responded the converse is we don't have to give you the approvals you asked for. There is no Constitutional guarantee to those. Ms. Miskel responded the approvals have already been given. She would never advise her client to give away his right to alienate his private property; this is something she will not go into about how long ago this country fought for. She commented that Mr. Ojeda is trying to tell you that he has been here in good faith; they are not the Motocross; they have never misrepresented anything to this Commission. As a matter of fact, he went out on a ledge and offered to do something nobody else has ever been willing to do here. Every other City that she works in, is in the same position as Dania Beach; to a certain extent you have to eventually look at who you are talking to and either say you trust them or you don't. If you don't, you should turn down this motion. If he has proven himself to you at this point, which she believes he has, then you should vote in support of the motion. She stated Mr. Ojeda has come here honestly, sincerely and genuinely, and he has never let you down. She remarked to Vice-Mayor Mikes that it was not fair to be cynical with this particular applicant. He may criticize many others, but Mr. Ojeda has been genuine and he has spent millions of dollars on this site and it would be unfair and would present the wrong impression to the rest of the development community that is very cynical right now • about Dania Beach. Vice-Mayor Mikes remarked the problem is that Ms. Miskel has represented several major projects before the City Commission and the people of the City. She has placed banners on the sides of buildings; she has lost credibility with the community. Ms. Miskel responded she is an advocate for her clients, she does not own those properties; she has no interest in it. Vice-Mayor Mikes remarked no other attorney has struck out so many times in the last few years as she has. Ms. Miskel remarked she will step down from this client's representation if Vice-Mayor Mikes is going to hold it against him, because she has represented others that are trying to make Dania Beach a better place. She remarked unfortunately, the Cities that are progressing, such as West Palm Beach, Delray Beach and Boca Raton, have provided incentives, not impediments to development. She remarked he was trying to impose an additional impediment. Vice-Mayor Mikes remarked we gave him a fourteen story building when there was a five story limit. He commented they have a location they won't find anywhere, and he thinks a number of people could have taken that project. He remarked he just wants the project built and what he asked the City Attorney was if there was any way to keep pressure to keep this project going. Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,January 11,2005—7:00 p.m. Mr. Ojeda remarked he has been here since day one. He is asking for help to be able to present the project to a bank. He noted if everything is not into the City by the end of 2005, he is out. He has made a public commitment that everything will be turned into the City by the end of the year, but he honestly thinks it will be prior to that time. Vice-Mayor Mikes asked when he would plan to go to an agreeable lender and expect to have one in hand to continue the project. He asked Mr. Ojeda to give him more confidence to when Ms. Miskel would inform the Commission that financing is in place. Mr. Ojeda responded even if he has the commitment in his hands, if he does not have the pre- sales nothing happens. Vice-Mayor Mikes remarked the City is building infrastructure for that project, so we would like to know it is reality. Mr. Leeds remarked it will take six months on a building this size and magnitude. It is a multi- story apartment building/condominium with a parking structure. It is the first residential building in the City that will have a parking structure. He noted the only thing that could hold this up is the timing of the construction of the utility improvements. This is why he said if the applicant uses best efforts and the only reason he cannot get a permit on July 1, 2006, is because we still have to work out details in the utilities, the applicant should not be penalized. Vice-Mayor Mikes stated he was told before this meeting that the problem was financing. Mr. Ojeda clarified that he bought this with cash, and he just closed on a loan for $52M to build a project in Miami. He asked the Commission for some trust, he believes he has proven himself since day one. Mayor McElyea called for the Roll Call vote. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton commented he attended the County Commission meeting today and the vote was 8-1 to move forward with the Slot Referendum for March 81". The Commission did not agree to place it on the ballot but directed the County Administrator with marching orders. He remarked it looks very probable this will occur. Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday, January 11,2005—7:00 p.m. • 10.2 Commissioner Chunn Commissioner Chunn expressed his condolences to Mr. Adams for the loss of his father. 10.3 Commissioner Flury Commissioner Flury advised that Ravenswood Estates asked if they could install a bus shelter for the children waiting for the school bus. City Manager Pato will look into it. 10.4 Vice-Mayor Mikes Vice-Mayor Mikes commented the Slot Referendum Special Meeting went well, and the City Manager did a great job working with the other Cities. He hopes something positive will come from this. He remarked the City Manager negotiated some revenue for the City and the return of the Marina to the City. He noted that Mr. Snyder committed to return the Marina to the City. City Manager Pato remarked in regard to the agreement reached with the Aragon Group for the return of the Marina area next to FAU, he reached out to FAU through our consultants in Tallahassee. He noted the City would be replacing Aragon on the lease which runs through 2012, and the City would honor the conditions of the lease. Vice-Mayor Mikes complimented the City Manager for making the return of the Marina an issue in the Slot Machine discussions. He noted that medical identification cards for City employees still use Social Security numbers and we should look at changing that. He remarked we need a better idea when projects come into the City as to whether they have substantial financial backing. He is sure that other Cities have dealt with this and have something in place to insure financial backing. 10.5 Mayor McElyea Mayor McElyea did not comment because of the hour. 11. Discussion and Possible Action There was no further discussion at this meeting. 12. Appointments There were no appointments at this meeting. • Minutes of Regular Meeting 21 Dania Beach City Commission Tuesday, January 11,2005—7:00 p.m. is 13. Administrative Reports 13.1 City Attorney City Attorney Ansbro had no comments at this time. 13.2 City Manager City Manager Pato advised he and Vice-Mayor Mikes will attend a conference this weekend in the Keys. It is a National Gaming Conference and it is important for us to learn how the industry works and to make contacts. He will not be able to attend the Martin Luther King dinner on Friday night and Bonnie Temchuk will take his place. 13.3 City Clerk—Reminders Thursday, January 20, 2005 —6:00 p.m. —Abatement Hearing Tuesday, January 25, 2005 — 7:00 p.m. —Regular Commission Meeting Wednesday, January 26, 2005 — 5:00 p.m.-7:00 p.m. — Candidate Briefing Session Tuesday, February 8, 2005 —Dania Beach Primary Election Wednesday, February 9, 2005 —7:00 p.m. —Regular Commission Meeting 14. Adjournment Mayor McElyea adjourned the meeting at 10:58 p.m. CITY OF DANIA BEACH ATTEST: C.K. MCELYE _ 1 MAYOR-COMMISSIONER 8_16 � LOUISE STILSON CITY CLERK APPROVED: January 25, 2005 Minutes of Regular Meeting 22 Dania Beach City Commission Tuesday,January 11,2005—7:00 p.m.