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HomeMy WebLinkAbout2005-03-09 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION WEDNESDAY, MARCH 9, 2005 - 7:00 P.M. 1. Call to Order Mayor McElyea called the meeting to order at 7:05 p.m. 2. Invocation and Pledge of Allegiance Reverend Timothy Shellman, St. Ruth Missionary Baptist Church, 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 City Manager Pato introduced Mayor Joy Cooper and City Manager Mike Good of Hallandale Beach. He noted that he has worked with them over the past few months as a result of the negotiations on the Slot issue. Mayor Cooper remarked Hallandale Beach and Dania Beach have many common interests and it is important to come together and champion them to protect our residents. She commended the elected officials and noted that she looks forward to working with the City on many issues. She remarked that she was thrilled to see the public participation and involvement at our meeting. Vice-Mayor Mikes remarked the City Managers and Mayor Cooper did a wonderful job on crafting an agreement that would not be a hardship on the taxpayers. He noted we also have other issues dealing with Regional Waste Treatment. Mayor Cooper remarked both cities are fortunate to have wonderful City Managers. She gave credit to both managers for the tremendous deal they negotiated for both cities. • City Manager Good remarked this is the beginning of a new era and for many years the small cities have struggled for recognition and to make things occur throughout the County. He noted that he and City Manager Pato were able to negotiate a deal with the pari-mutuels to return revenues to the taxpayers of their respective Cities. He noted we need to work with the City of Hollywood in our sewer issues. As a professional he wanted the Commission to know that City Manager Pato deserved a lot of credit for his efforts in dealing with the pari-mutuel industry. In regards to the City of Hollywood, he and City Manager Pato have committed to work together to insure benefits to both cities with the sewer issues. Mayor Cooper noted we all live together as neighbors and we need to work together. We need to start a dialogue with the City of Hollywood to take a regional approach to the sewer issue. City Manager Pato advised he will be in Tallahassee on Monday night. City Manager Good advised it is an interview process for the people who will be impacted. They are looking for feedback and to insure that we have a full understanding of what is going on. He noted the City of Hallandale has had gaming for 75 years, and they already know the impacts and they should be consulted on what needs to be done. He noted we need to decide what is best for our residents. 4. Presentations and Special Event Approvals ® 4.1 Super Boat International Productions, Inc. — John Carbonell (Commissioner Chunn) (Deferred on February 22, 2005) John Carbonell, President of Super Boat International Productions, remarked he was asked to return and address the questions discussed at the last meeting. City Manager Pato advised he met with Mr. Carbonell today and he needs more time to develop the plan. He noted they have a strategy in place, and we have time to continue working on this issue. Mr. Carbonell would like to have concurrence from the Commission that they are willing to go forward with this and for him to continue working with the City Manager. Vice-Mayor Mikes motioned to ask the City Manager to look for sponsors and move forward with the request; seconded by Commissioner Chunn. Commissioner Anton remarked he is not inclined to support it with tax dollars. He wants to insure that the City Manager understands that we need to get sponsorships from the marine industry. Vice-Mayor Mikes remarked this buys us TV time and he would prefer the name Dania on the Pier even if it means spending a few dollars. He indicated there should be at least a 50% match from sponsorships. Minutes of Regular Meeting 2 Dania Beach City Commission Wednesday, March 9,2005—7:00 p.m. • Vice-Mayor Mikes offered a substitute motion that if the City Manager can come up with a $25,000 match and that no other city name appears on the race. City Manager Pato remarked he is working on the co-sponsorship with some businesses and it would be on a matching basis. Vice-Mayor Mikes offered another substitute motion that the City would pay a 50% match to a maximum of$25,000, with the conditions that we be in the national promotion and on any Fishing Pier or any property in the City of Dania which is part of that promotion, there will not be the name of Hollywood or Ft. Lauderdale; seconded by Commissioner Chunn. Commissioner Flury commented it was a foolish motion. She questioned why we would pay $25,000 if we can get sponsors for $50,000 or more. Vice-Mayor Mikes amended his motion that if the City Manager obtains full sponsorship, the City will not put up any tax dollars; seconded by Commissioner Chunn. City Manager Pato commented he hopes to find sponsors for the full $50,000. Rose Lizana, past-president of the Chamber of Commerce, remarked the Chamber voted to allot funds for the Super Boat Race. She noted they will also promote it among their membership. She stated she would love to see the City put up some money to promote our City with an event • like this. Vice-Mayor Mikes commented we are fortunate to have the opportunity to have this event. Mayor McElyea stated that his company would donate $5,000. Commissioner Anton remarked he supports the idea of the boat races, but he thinks we are putting the cart before the horse. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton No Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 4.2 Acceptance of Certification of General Election (March 8, 2005) results from the Broward County Canvassing Board (City Clerk) City Clerk Stilson advised the Supervisor of Elections would not provide Certification until late Thursday afternoon or Friday morning. She read the preliminary results and noted the Certification would need to be accepted at the Organizational Meeting on March 15, 2005. 4.3 Presentation by Mayor McElyea and City Manager Pato • Minutes of Regular Meeting 3 Dania Beach City Commission Wednesday, March 9,2005—7:00 p.m. • Mayor McElyea presented a plaque to Vice-Mayor Mikes on behalf of the City Commission and City Manager. He thanked him for his sixteen years of service to the City of Dania Beach. Mayor McElyea commented that cake was available in the atrium for everyone. City Manager Pato presented Vice-Mayor Mikes with a Certificate of Appreciation from City Staff. Vice-Mayor Mikes thanked the Mayor and City Manager. He noted it was notable to go out with the Centennial celebration. He remarked everyone should try being on the Commission at least once. He introduced his wife, Sheila Mikes, and thanked her for putting up with him for 33 years. He noted it has been a notable 16 years and thanked everyone who has helped the Commission. He remarked he has left the City with a Charter that will help protect them. City Manager Pato presented Vice-Mayor Mikes with a $200 gift certificate from Bass Pro Shops. Mayor McElyea commented that he feels it is appropriate for Vice-Mayor Mikes to chair the remainder of the meeting. Vice-Mayor Mikes adjourned the meeting at 7:53 p.m. for a five minute break. Vice-Mayor Mikes reconvened the meeting at 8:08 p.m. • 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Jay Field, Chairman of the Airport Advisory Board, asked the Commission to send a letter to the County regarding the way the FAA is conducting their meetings. He remarked the meetings are supposed to be an open process and they have turned them into a closed process. He remarked the FAA is supposed to be working for the County, so we need to let the County know that we are dissatisfied with the service. He indicated they are supposed to accommodate us, not us accommodating them because this should be an open process where everybody is involved. He remarked the FAA is not letting the public speak at the open meetings. Commissioner Anton agreed with Mr. Field. He indicated the last meeting was an open meeting, but it was a one on one type of situation. He remarked there was no public record kept of the meeting and no way to prove what was said at the meeting unless you specifically went over to a Court Reporter and went on record. He agreed we needed to express our concern and send a letter of protest to the County. He remarked it does no good to go to these meetings and make your voice heard if there is no public record kept of the meeting. • Minutes of Regular Meeting 4 Dania Beach City Commission Wednesday, March 9,2005—7:00 p.m. Commissioner Flury motioned to have the Mayor or City Attorney send a letter to the. County; seconded by Commissioner Anton. Vice-Mayor Mikes remarked this has been a sore point for the City for years. He indicated there was no accountability for the statements made by the FAA. The motion carried unanimously. Mr. Field gave a personal opinion as Chairperson of the Human Relations Board. He denounced the unsigned, no return address on the envelope attack on Commissioner Churn that he received in the mail. He remarked we do not need this type of campaigning in Dania Beach and whoever sent the letter should be embarrassed. He indicated they show what cowards they are by not signing the letter. He is very disappointed that someone in the City would do something like this. He hopes we never see anything like this again. Commissioner Churn responded that someone here called him a nigger one night in the Commission Chamber when Sophie Steele asked him not to accept his appointment as Mayor. He remarked that Teddy Bohannan commented to him one night after his stance on the City Manager position, that all the niggers in Dania are no good, and all the white people need to stick together because the niggers are out to get them. He stated we should have stopped all of this at the beginning, then, we wouldn't have to be living with it now. He indicated he has been called names all his life; he accepts it because it is the way this City has done business for years. His only concern is for people who run for Commission who will be hurt because they do not play the game. He indicated that everything that could be done to him by this Commission and the City Manager to destroy his was done. He remarked that he survived these attacks and he still loves everyone. He noted that he does not need this to make him feel important because he will continue to serve the residents of Dania Beach to the best of his ability. He agreed we need to stop this type of behavior and does not want to see it happen to anybody else. 7. Consent Aizenda Items added to Consent Agenda: 7.8, 7.9, 7.10 & 7.11 Items removed from Consent Agenda: 7.7 7.1 Minutes Approve minutes for Regular Meeting of February 22, 2005 7.2 Travel Expenditures: There were no expenditures for this meeting. 7.3 Bills: There were no bills for this meeting. Resolutions 7.4 RESOLUTION#2005-041 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY Minutes of Regular Meeting 5 Dania Beach City Commission Wednesday,March 9,2005—7:00 p.m. • OFFICIALS TO APPLY FOR, ACCEPT IF AWARDED, AND EXECUTE AN AGREEMENT WITH THE CHILDREN'S SERVICES COUNCIL OF BROWARD COUNTY UNDER THE M.O.S.T. (MAXIMIZING OUT- OF-SCHOOL TIME)GRANT PROGRAM; ENTERING INTO AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE GRANT AWARD, TO PROVIDE AFTER SCHOOL PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT; CONFIRMING THAT SPECIAL CONDITIONS DO EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances ('Titles read by City Attorney Ansbro) 7.5 ORDINANCE #2005-003 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; AMENDING CHAPTER 28, ENTITLED "ZONING", ARTICLE 5, ENTITLED "SUPPLEMENTARY LOT REGULATIONS", SECTIONS 5.36 "WALLS, FENCES AND HEDGES" AND 5.44, "ACCESSORY STRUCTURES; MINIMUM YARD LOT AND BULK REGULATIONS" OF THE CITY CODE OF ORDINANCES TO PRESCRIBE REQUIREMENTS FOR HEIGHTS OF FENCES, HEDGES OR WALLS LOCATED ON PROPERTY ABUTTING WATERWAYS (SECTION 5.36) AND PRESCRIBING HEIGHT AND OTHER LIMITATIONS AND RESTRICTIONS APPLICABLE TO RESIDENTIAL ACCESSORY STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) • 7.6 ORDINANCE#2005-007 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE ZONING APPENDIX OF THE CITY CODE OF ORDINANCES, BY AMENDING ARTICLE II, ENTITLED "ACCESSORY AND DETACHED BUILDINGS AND STRUCTURES", SECTION 33-40 ENTITLED "REGULATION AND USE OF WATERWAYS AND FACILITIES RELATED THERETO", TO ESTABLISH SETBACK LIMITATIONS FOR VESSELS DOCKED OR ANCHORED AT THE END OF DEAD-END CANALS AND WATERWAYS; PROVIDING FOR *SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.7 ORDINANCE#2005-008 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 12-52 "SPECIFIC STANDARDS" OF ARTICLE III "HAZARD REDUCTION" OF CHAPTER 12 "FLOOD DAMAGE PREVENTION" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH; DELETING REFERENCES TO THE EIGHT FOOT NGVD (NATIONAL GEODETIC VERTICAL DATUM) FLOOD ELEVATION REQUIREMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Item 7.7 was withdrawn by City Attorney Ansbro because it is incorrect. He will bring a new Ordinance forward at the next meeting. Minutes of Regular Meeting 6 Dania Beach City Commission Wednesday,March 9,2005—7:00 p.m. • Addendum 7.8 RESOLUTION #2005-042 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ENCOURAGING THE USE OF MEDITERRANEAN STYLE ARCHITECTURE FOR ANY NEW PUBLIC BUILDING CONSTRUCTION AND FOR CONSTRUCTION OF BUILDINGS BY THE PRIVATE SECTOR; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION #2005-043 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING PROPOSED STATE LEGISLATION THAT WOULD REGULATE HOMEOWNERS' ASSOCIATIONS AND CO-OPERATIVE HOUSING IN A MANNER SIMILAR TO FLORIDA LAWS GOVERNING CONDOMINIUM ASSOCIATIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION#2005-044 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,REQUESTING THAT THE BOARD OF DIRECTORS OF THE DANIA BEACH HOUSING AUTHORITY PRESENT ANY PROPOSAL FOR ANY NEW "SECTION 8" LOW INCOME HOUSING VOUCHER APPLICATION ALLOCATIONS TO THE CITY COMMISSION BEFORE APPLYING TO THE FEDERAL DEPARTMENT OF HOUSING AND DEVELOPMENT ("HUD") FOR SUCH ALLOCATIONS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. • 7.11 RESOLUTION #2005-045 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, EXPRESSING APPRECIATION ON BEHALF OF THE CITY TO STEPHEN F. SNYDER, PRESIDENT OF ARAGON GROUP, INC., A FLORIDA CORPORATION, FOR HIS OFFER TO COOPERATE WITH THE CITY IN ITS REACQUISITION OF THE MARINA FACILITIES LOCATED AT THE FLORIDA ATLANTIC UNIVERSITY SEA TECH FACILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to approve the Consent Agenda, with the addition of items 7.8, 7.9, 7.10 & 7.11, and the withdrawal of item 7.7; 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 8. Bids and Requests for Proposals There were no proposals at this meeting. • Minutes of Regular Meeting 7 Dania Beach City Commission Wednesday,March 9,2005—7:00 p.m. . 9. Public Hearings and Site Plans 9.1 ORDINANCE#2005-005 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 4, "DISTRICT REGULATIONS," SECTION 4.20 "APPLICATION OF REGULATIONS," TO REVISE THE "SCHEDULE OF USE REGULATIONS" FOR THE C-1 AND C-2 ZONING DISTRICTS FOR HOTELS, MOTELS, ATHLETIC CLUBS, MUSIC SCHOOLS, RESTAURANTS AND BARS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-005. Laurence Leeds, Director of Community Development, advised this addresses the issues that will arise when we deal with mixed uses; it also requires any hotel project to be regulated as a special exception. He noted that Staff recommends approval. Vice-Mayor Mikes 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 Ordinance #2005-005, on second reading; seconded by Commissioner Chunn. Vice-Mayor Mikes remarked he has concerns about the Code because of the Slots. • Mr. Leeds commented the Code is very strong. He indicated that people are looking for certainty in the Code; however no one has talked to him about eliminating or reducing the Public Hearing process. He noted the Code is very strict and offers a lot of protection in the commercial and CRA areas. City Attorney Ansbro remarked he also feels comfortable with the Code. He noted it is a living document and staff is very active in bringing updates forward. 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#2005-004 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CAPITAL IMPROVEMENTS ELEMENT OF THE CITY OF DANIA BEACH COMPREHENSIVE PLAN TO CREATE NEW POLICIES APPLICABLE TO THE USE OF LOCAL OPTION FUEL TAX REVENUE IN CONNECTION WITH AN OBJECTIVE OF THE PLAN WHICH ADDRESSES CONSTRUCTION OF CAPITAL FACILITIES; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING—TRANSMITTAL STAGE) Minutes of Regular Meeting 8 Dania Beach City Commission Wednesday, March 9,2005—7:00 p.m. • City Attorney Ansbro read the title of Ordinance #2005-004. Laurence Leeds, Director of Community Development, advised this is a Comprehensive Plan Amendment that was suggested by the Finance Director. He indicated once it is adopted we will be able to use Gas Tax Funds for local road and sidewalk expenditures. He indicated that he thought this was a good idea. Vice-Mayor Mikes 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 #2005-004, on first reading for transmittal; seconded by Mayor McElyea. 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 #2005-006 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, GRANTING THE REQUEST FOR A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN BY CHANGING THE LAND USE DESIGNATION OF AN APPROXIMATELY 5.1 ACRE SITE FROM LOW (5) RESIDENTIAL TO • RECREATION AND OPEN SPACE,LOCATED NORTH OF SW 45T" STREET, SOUTH OF THE DANIA CUT- OFF CANAL AND IMMEDIATELY EAST OF SW 25 TERRACE AS LEGALLY DESCRIBED IN EXHIBIT "A;" PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2005-006. Corinne Church, City Planner, advised the property is currently County-owned with a land use of low residential, and is located south of the Dania Cut-Off Canal. The property is currently vacant with a small pond. The request is to change the land use to recreation and open space, and it was purchased with the County Bond money. The County is giving the land to the City for use as a park with the requirement the land use be changed to recreation. Commissioner Flury asked if this was the property we asked the County to purchase for a park. Bonnie Temchuk, Assistant to the City Manager, responded the property was purchased with Bond money and Quit Claim deeded to the City. The City applied with the County for a Florida Communities Trust Grant. She noted we must abide by certain conditions to insure the property will always remain a park. Vice-Mayor Mikes opened the Public Hearing. Jay Field wanted to insure that it would not be a private park but would be for use by all • residents in Dania Beach. He questioned if it would be possible to have a boat dock at the park. Minutes of Regular Meeting 9 Dania Beach City Commission Wednesday, March 9,2005—7:00 p.m. Ms. Temchuk responded the requirements state it must stay a Passive Park; there will be no boats allowed. She noted we will riprap and edge along the canal to control erosion. We will remove the Pine trees and exotics and replace with them natives. She noted educational signage would be installed. Seeing as there was no one else to speak in favor or opposition, Vice-Mayor Mikes closed the Public Hearing. Mayor McElyea motioned to approve Ordinance #2005-006, on first reading; 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 9.4 RESOLUTION #2005-040 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY WILLIAM DUFFEY, D.F. CONSULTANTS ON BEHALF OF MOTIVA ENTERPRISES, LLC., FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF STIRLING ROAD AND "UNIMPROVED" SW 19TH COURT, LOCATED ON THE NORTH SIDE OF STIRLING ROAD WEST OF I-95; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2005-040. He advised this was a quasi- judicial matter and swore-in all those who would speak on the matter. He asked the Commission to disclose if they had discussion with anyone regarding this matter. Corinne Church, City Planner, advised the property was rezoned from County M-1 to the City's IROC, and the Land Use is industrial. She noted this is vacant property with a significant number of trees. The applicant is asking to remove 5 trees and relocate 2 trees. She noted some of the trees had been relocated previously when a Site Plan was submitted for the property. She advised the applicant will pay $50,000 into the City Tree Trust Fund, and a Performance Bond of $20,000 would be posted to insure the growth of the relocated trees. She noted the applicant is also requesting a Site Plan to reactivate a previously approved Site Plan. She noted the current IROC zoning does not allow for a gasoline service station; however the original zoning when the Site Plan was approved did allow the use. She noted the P&Z Board recommends approval with conditions. Commissioner Flury questioned why the Performance Bond was not enforced when the trees were relocated the first time. Laurence Leeds, Director of Community Development, responded the City did not enforce the Code in the past. He noted we now enforce the Code. The trees died because they were not watered. The property owner was cited, but Shell Oil, who is listed as the owner, could not be located with a Broward County address. Kurt Keiser, Pinnacle Development Services, spoke on behalf of William Duffey, the Engineer Minutes of Regular Meeting 10 Dania Beach City Commission Wednesday, March 9,2005—7:00 p.m. of record for the project. He noted the site will be a gas station with a 3,970 square foot "C" store, with a canopy over eight pump islands and a drive-through car wash. The site will be handicap accessible; it will have 30 parking spaces; would be accessible from 19`" Court; and would be open 24/7. Mr. Leeds remarked they have complied with the City Code and the carwash would be located to the rear and will not be visible from the street. Vice-Mayor Mikes opened the Public Hearing. Gary Hildon, one of the people who negotiated with Shell to take over the property, remarked they have taken the property and are trying to right the wrongs that Shell neglected in the past. He noted they have a station on Stirling Road and they work with the community and schools. This sitet will be a Shell Station; which was a requirement of the takeover. He indicated they look forward to being good City residents, which they currently are. City Attorney Ansbro asked if$50,000 would capture the cost of the trees. Mr. Leeds responded it would. He asked the applicant to acknowledge it would be a Shell Station and indicated he would like to change one of the conditions for a $20,000 Performance Bond to a Letter of Credit. Mr. Hildon acknowledged it would be a Shell Station and noted they shouldn't have a problem with a Letter of Credit, as opposed to a Performance Bond. He asked how long the Letter of Credit would be held. Mr. Leeds responded it would be one year from CO. Mr. Hildon agreed to the conditions. He noted they have a ten year contract with Shell, but if Shell decides to pull out of Florida, they would have to change the name to another company. Seeing as there was no one else to speak in favor or opposition, Vice-Mayor Mikes closed the Public Hearing. Commissioner Anton motioned to approve Resolution #2005-040, with conditions set forth by staff and the City Attorney for the Letter of Credit. Commissioner Flury remarked she was opposed to approving a Gas Station on Stirling Road a couple of months ago. She would personally hate to see another Gas Station and she thinks we are not treating Stirling Road properly. Mr. Leeds remarked this is a Site Plan reactivation; the Site Plan has exvired and the Commission does not have to renew it. He noted the Service Station on 40` Avenue that Commissioner Flury referred to was an appeal to his determination. He noted the Commission has the discretion not to approve this Gas Station; staff is not rezoning Stirling Road to Minutes of Regular Meeting 11 Dania Beach City Commission Wednesday,March 9,2005—7:00 p.m. • accommodate Gas Stations, as a matter of fact we went through zoning changes to prevent Service Stations from proliferating all the way down the street. Commissioner Anton agrees with Commissioner Flury, but if there is something viable that we can put there he would be willing to remove his motion. Mr. Leeds responded he has not received any other requests in this area. He noted that Gas Stations are necessary in some locations, and this would be the best location for Stirling Road. Vice-Mayor Mikes suggested deferring this matter until the next meeting. Commissioner Anton made a substitute motion to defer this matter until the next City Commission meeting; seconded by Commissioner Chunn. Commissioner Flury questioned why it should be delayed for another two weeks. She is opposed to it now and she will be opposed to it in two weeks. Commissioner Anton withdrew his motion. Commissioner Flury motioned to deny Resolution #2005-040; seconded by Commissioner Chunn. Vice-Mayor Mikes asked the City Attorney to explain that if Shell had pursued the permit years • ago, they could have completed this. City Attorney Ansbro explained it is the Commission's discretion to reactivate a Site Plan that has expired. Vice-Mayor Mikes noted this was one of his Charter changes. Mr. Hildon commented when Shell Oil let the Site Plan die his group approached Shell to purchase the property. His group took it over to reactivate it and complete the project. He noted had they not done this, they property could have sat vacant for a long time. Vice-Mayor Mikes remarked he pushed this years ago because adjacent uses change; City Code changes; and we can't just have Site Plans sit indefinitely while someone speculates. He noted the original Site Plan expired and this is the result because they did not do anything. Mr. Hildon remarked they are trying to develop the property. Mr. Keiser commented when Shell relocated seven trees, three survived and four died. Shell paid an exorbitant amount of money for the property; so even though they may realize it will not be approved as a Gas Station, they will not let it go for a small price, and they will sit on the property for years. He remarked this developer is trying to improve the land and turn it into something presentable and the Commission may want to take advantage of that. • Minutes of Regular Meeting 12 Dania Beach City Commission Wednesday, March 9,2005—7:00 p.m. 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 congratulated the newly elected officials to the City Commission. He expressed his sincere desire to work closely with them on the Commission. He wished Vice- Mayor Mikes luck in his future endeavors and thanked him for his service to the City. He noted he attended the Airport Task Force meeting and commented it was important to keep an elected official on the Board. He noted he would make an appointment at the next meeting. 10.2 Commissioner Chunn Commissioner Chunn thanked God for life because he is blessed. He noted he is fortunate for the opportunity he had to represent and serve the citizens of Dania Beach. He recognized Chief Cowart and his officers for saving lives at Federal and McDonald's during a knife fight. He thanked the people who supported him during his campaign, and for giving him the opportunity to serve. He remarked the citizens are the power, not the Commission. Commissioner Anton thanked Commissioner Chunn for his service and wished him luck in his future endeavors. Commissioner Chunn remarked he does not want anything from this City; the only thing he ever wanted was respect and equality. He noted if we could not give him that he does not want anything; he does not need a plaque. 10.3 Commissioner Flury Commissioner Flury thanked those who supported her and worked hard during her campaign. She noted this was a difficult campaign, but she is looking forward to working with everyone. She addressed the Slot issue, and noted we need to move quickly because the Legislature is trying to set regulation. Seeing as Slots did not pass in Miami, she thinks our issues are more urgent. She indicated we need to hire professional planners to help us develop a comprehensive study, and that we are a year away from doing what needs to be done to protect our neighborhoods. She noted this should be discussed at the next meeting and the cost is not inexpensive. She suggested Jai-Alai could possibly front the money for the study. She assumes the Legislature will be discussing this subject for the next few months. City Manager Pato remarked the process is just beginning and the real work will soon begin. He • indicated that he began to formulate a list of concerns with the Department Heads. Minutes of Regular Meeting 13 Dania Beach City Commission Wednesday,March 9,2005—7:00 p.m. • Commissioner Flury remarked we need to have a Town Hall meeting with the residents and discuss all the issues. City Manager Pato remarked that staff cannot handle this; it is beyond our capacity and knowledge. He noted it will not be inexpensive to conduct a study, it could run $250,000- $500,000. He noted he will keep everyone informed. Vice-Mayor Mikes remarked you need to have the tools in place ahead of time, and this is why you need an attorney and planner to look at the Code. He suggested the first thing is to have someone familiar with this type of use review our Codes. City Manager Pato noted there is another component to look at, the impacts this will have on our CRA District. He indicated he would bring this forward on the next agenda. Commissioner Flury questioned if Steve Snyder would help us fund the study. City Manager Pato responded he does not want to discuss it now, but he will keep the Commission informed. Vice-Mayor Mikes commented the next Commission can do a good job or they can approve something that is not appropriate. • 10.4 Vice-Mayor Mikes Vice-Mayor Mikes commented this is one of the better Commissions he has served with. He noted in the past he has supported people who changed after being elected to the Commission. He indicated the City was troubled when he first came to the Commission and we had one of the worst reputations for self-serving elected officials. He has tried to put protections to the City in the Charter, and he is glad the citizens approved the current Charter amendments. He has insured that parks are well protected and he is leaving the City with a much better Charter than when he came into the City. He hopes the Commission will protect something for future generations. Vice-Mayor Mikes commended Commissioner Chunn for his efforts in trying to help the citizens of Dania Beach and for his volunteer efforts in the community. 10.5 Mayor McElyea Mayor McElyea commented this is his last meeting as Mayor, and it has been a pleasure to serve the City. He complimented Vice-Mayor Mikes and remarked that he is a very brilliant man. He congratulated the newly elected officials and commented it is what you give to the City, not what you get. He remarked he has learned a lot about Commissioner Chunn and his biggest problem was that the people who put him in office could not dictate him. He noted the Slots Referendum probably hurt his re-election because a lot of people came out to vote. Minutes of Regular Meeting 14 Dania Beach City Commission Wednesday,March 9,2005—7:00 p.m. • Mayor McElyea commented on street lights that are not working on Federal Highway. Commissioner Chunn remarked he is not disappointed, and he wants everyone to understand that he is not disappointed. 11. Discussion and Possible Action 11.1 Discussion of Large User issues with the City of Hollywood (City Manager) City Manager Pato stated this discussion took place earlier when the Mayor of Hallandale Beach was present. He wanted everyone to know that we are working hard on several issues that affect many of the surrounding cities. He indicated he would keep the Commission informed on these issues. He noted we have an excellent working relationship with the City of Hollywood, and we will continue to do so. 12. Appointments Mayor McElyea appointed Vice-Mayor Mikes to the Airport Advisory Board. Mayor McElyea appointed Arthur Manzino of Ravenswood Estates to the Marine Advisory Board. He noted he works for BSO and that he would get the correct address. Commissioner Flury motioned to approve the appointments to the Airport Advisory Board and Marine Advisory Board; seconded by Commissioner Chunn. The motion carried unanimously. 13. Administrative Reports 13.1 City Manager City Manager Pato commented the Commission needs to identify an elected official as a representative with the Broward League of Cities. Vice-Mayor Mikes clarified the President of the League nominates elected officials; it is not an appointment of the City. He indicated the Commission should decide who is interested and submit the name to the League. City Manager Pato remarked there is a new group called the Nickel G, which stands for the National Conference of Legislators of Gaming States.. It is a national association that deals with gaming issues. He feels the City needs to be represented and will bring more information to the Commission. He indicated we need to be active participants in these conferences and meetings. Minutes of Regular Meeting 15 Dania Beach City Commission Wednesday,March 9,2005—7:00 p.m. • City Manager Pato commented a Resolution was adopted under Consent Agenda recognizing the Aragon Group agreement to return the Marina to the City. He noted he provided the Commission with a letter saying it was a done deal. He mentioned how appreciative he was for the opportunity to do this, and he thanked the Aragon Group for wanting to be a good corporate citizen. He wanted the Commission to know that we look at the Marina area as an opportunity to improve the beach as a park. He asked the Commission about his reward for his performance on this issue and asked if they wanted to close it or pass it on to the next Commission. He noted he has done what he said he would do and he is looking for direction from the Commission. Commissioner Flury asked if he was talking about his Bonus. She noted it is her feeling that it should be dealt with when they review the mid-year Budget. Vice-Mayor Mikes remarked the City Manager did an extraordinary job. He noted he (Vice- Mayor Mikes) had made statements to the City Manager that if he could get the Marina back to the City he thought it was worth some kind of bonus payment for performance. Mayor McElyea asked if we had it in writing, or if it was just verbal. City Manager Pato responded he would prefer that we do not. He frankly does not want to go through this prolonged agony over something as insignificant as this to him. He just would rather they not do it. He asked that they allow him his self-respect. He did not come here to beg for anything; he came for direction. He remarked at Budget time, or at any other time, they pay him well enough for this job and he thanked the Vice-Mayor for his gracious offer. He noted he • is not going to go on like this, with the matter unresolved. He remarked we either resolve this tonight or we just move on; we have a lot of things to do; he is not going anywhere; it does not make any difference to him. Mayor McElyea asked where the money would come from. Vice-Mayor Mikes remarked he assumed it would come from Contingency. He noted that he made this promise when they first met with the Special Lobbyist in Tallahassee, and the City Manager has done a good job by blending it into the Slots negotiation with Mr. Snyder. He agrees it could wait until Budget review, but he will not be here. Vice-Mayor Mikes passed the gavel to Mayor McElyea and motioned the $5,000 Performance Bonus for the City Manager for acquiring the Marina,with the condition that we receive a letter of concurrence from FAU; seconded by Commissioner Anton. Commissioner Anton commented that this is a.perfect example of Pay-for-Performance; this is the type of example we are trying to send to the employees. He understands the Unions are now looking at it, as well as the employees. He indicated the City Manager has been working 80-90 hours per week on this and that is asking a lot of an individual, especially when our City Manager is one of the lowest paid in the County. Commissioner Chunn remarked the one thing he did respect about the City Manager when this • issue first came up is that he said it wasn't necessary; that he would do it regardless. He Minutes of Regular Meeting 16 Dania Beach City Commission Wednesday,March 9,2005—7:00 p.m. • indicated he would not support the bonus. He commended the City Manager for saying he would do it without pay. Mayor McElyea remarked the City Manager did his job, and he feels he did an extraordinary job. He thinks if we get the Marina back it is the greatest thing that has happened in a long time. Vice-Mayor Mikes remarked the City Manager succeeded in getting the Marina, and this is the point he is making. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn No Mayor McElyea Yes Commissioner Flury Yes City Manager Pato remarked it has been a pleasure to work with Commissioner Chunn, in spite of their differences. He wished him the best of luck. He commented they did not agree on a lot of things, and Commissioner Chunn found that he did not spook easily or be disrespectful. He noted he respects him for that and will leave it at that. He remarked his door is still open and there is plenty of room in this world for disagreement, and as Commissioner Chunn has previously stated it does not need to be in a disagreeable way. He thanked Vice-Mayor Mikes for his support. He noted they started out on opposite sides of a lot of arguments that were not always pleasant, but they were fair. He indicated he did not have his support coming in, but he rknows he has it today, and that was a big accomplishment. He has learned a lot; he had a lot to learn; but the one thing he did not need to learn about was honesty, integrity and hard work, because this is the only thing he ever knew. He did not have to learn how to surround himself with a good staff, he could not have done the things we talk about without the people sitting in this room. He remarked he learned how to understand how the legislative process and the politics that makes government work from Vice-Mayor Mikes. He indicated that he has had more than one opportunity to go elsewhere in the last year, but his commitment to the City of Dania Beach comes from the heart and not his wallet. He remarked he does not go to a job just for the money; he is committed to leaving this place better than he found it. He noted we have made a lot of progress in the past two years and he could not have done it without the help of everyone on the Commission, including Commissioner Chunn. He stated as long as he is here and has the help of his staff, he will work as hard as needed to make sure that it happens. It isn't about the money, it's about the satisfaction. He thanked the Vice-Mayor and noted he has been a pleasure to work with in the last year. Vice-Mayor Mikes remarked the City Manager handles stress well. He thinks we have put improvements in the Charter that will make future City Managers work better. Hopefully, we will make progress in the City. Minutes of Regular Meeting 17 Dania Beach City Commission Wednesday,March 9,2005—7:00 p.m. 13.2 City Attorney City Attorney Ansbro recognized Commissioner Chunn for his community service; his humanity and sincerity have always shown through. His dedication for the less fortunate is evident; he has always been a voice for the poor and neglected, and he has done a great job. He remarked it has been a pleasure to serve with him. Vice-Mayor Mikes suggested a plaque, similar to the one he received this evening, should be ordered for Commissioner Chunn. He noted the City Attorney made excellent points and he agreed that Commissioner Chunn has a big heart and tries to help a lot of people in the City. Mayor McElyea remarked of all the good things Commissioner Chunn has done, people never forget the one mistake he made. Commissioner Churn remarked the mistake that he made in his past is what enabled him to help a lot of other kids. He is not proud of everything he did in his past, but he has learned from it to help other people. Vice-Mayor Mikes commented on the flier that had been circulated about Commissioner Chunn. He noted that he never tried to hide his past; in fact, Commissioner Churn noted that he had been through that 30 years ago. He remarked it is unfortunate that people are mean spirited and did that during the political campaign. • City Attorney Ansbro remarked that Vice-Mayor Mikes introduced many legislative changes during his stay on the Commission. He noted he should be proud of the legacy he is leaving behind. 13.3 City Clerk—Reminders Tuesday, March 15, 2005 - 7:00 p.m. —Commission Organizational Meeting Tuesday, March 22, 2005 — 7:00 p.m. —Regular Commission Meeting Thursday, March 24, 2005 —6:00 p.m. —Abatement Hearing 14. Adjournment Vice-Mayor Mikes adjourned the meeting at 10:13 p.m. CITY OF DANIA BEACH ATTEST: C.K. MCELYE " \ MAYOR-COMMISSIONER . LOUISE STILSON/ CITY CLERK • APPROVED: March 22, 2005 Minutes of Regular Meeting 18 Dania Beach City Commission Wednesday,March 9,2005—7:00 p.m.