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HomeMy WebLinkAbout2005-02-09 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION WEDNESDAY, FEBRUARY 9, 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 Gary Garofalo, Chaplain, American Legion Post 304 and Dania Beach Lions Club,.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 Kathy Dibona, Principal of Dania Beach Elementary, and several students from the School sang Happy Birthday to Mayor McElyea and presented him with gifts for his birthday. Members of the Mayor's family were also present for this occasion. 4.1 Presentation by FDOT Landscape Consultant (Land Design South) of tentative Streetscape/Landscape Plan for Reconstructed Dania Beach Boulevard (SE 1" Avenue to Gulfstream Road) Laurence Leeds, Director of Community Development, advised in 2002 the Commission approved a Community Redevelopment Plan for downtown Dania Beach, Federal Highway and Dania Beach Boulevard. The plan was to reduce Dania Beach Boulevard from six lanes to four lanes, widen the sidewalks, and landscaping. He introduced Brad Swansey, a consultant for FDOT. Brad Swansey, of Land Design South, advised tonight's presentations are the conceptual designs that he and City staff have developed to meet the Commission's expectations for the Community Redevelopment Agency. The concept is to make the area pedestrian friendly through the use of landscape. Constraints to the project are the dedicated Right-of-Way, overhead utility lines on the north side, and existing buildings with existing curb cuts. The plan is divided into two sections, US 1 to Fronton Boulevard, and Fronton Boulevard to Gulfstream Boulevard. He commented that most of the existing landscape would remain, but some would be redesigned. The landscape would include medium size canopy trees, Royal Palms, and plants and shrubs. He commented the City would need to maintain the landscaping and would need to enter into a Landscape Maintenance Agreement with FDOT. Ross Schillingford, of Metric Engineering, the prime consultant for the FDOT project, advised the project extends to Cambridge Street in Hollywood. He noted the project should begin shortly after July 2006. Mr. Leeds reported if the Slot Referendum is approved, they have a plan to reevaluate the traffic in the Northeast Quadrant of the City. He commented the plan, as shown, is within FDOT budget and does not require City funds; however, it only contemplates the sidewalk streetside improvements as far as Fronton Boulevard. The north and south sides, east of Fronton Boulevard, are not included in this plan. 4.2 Certificate of Appreciation to Mary McDonald, Director of Human Resources and Risk Management • City Manager Pato presented a Certificate of Appreciation to Mary McDonald for her work on the City's Performance Evaluation System and Pay for Performance Plan. He commented that Ms. McDonald has been working on this for the past three years. Ms. McDonald remarked she is proud to work with this Commission and all the employees of the City of Dania Beach. 4.3 Certification of February 8, 2005 Primary Election City Clerk Stilson reported Dr. Brenda Snipes, Supervisor of Elections, certified the following Primary Election results: PRIMARY MUNICIPAL BALLOT BROWARD COUNTY, FL FEBRUARY 8,2005, RUN DATE: 02/08/05 08:50 PM VOTES PERCENT PRECINCTS COUNTED(OF 13) 13 100.00 REGISTERED VOTERS -TOTAL 17,697 BALLOTS CAST-TOTAL 1,902 VOTER TURNOUT—TOTAL 10.75 • Minutes of Regular Meeting 2 Dania Beach City Commission Wednesday,February 9,2005—7:00 p.m. CITY COMMISSIONER DANIA BEACH ® (Vote for 3) John M. Bertino 778 15.68 Anne Castro 783 15.78 Robert H. Chunn, Jr. 693 13.97 Ruby A. Ferguson 409 8.24 Patricia A. Flury 734 14.80 Karen Donahue Gottlieb 466 9.39 Gary Luedtke 441 8.89 Ann Page 294 5.93 Randi Marie Smith 363 7.32 Commissioner Chunn motioned to accept the certification of the February Primary Election; 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 MMcElyea Yes Commissioner Flury Yes 5. Proclamations 5.1 National Engineers' Week • Fernando Vazquez, Public Services Director, read the Proclamation for National Engineers' Week. The children from Dania Beach Elementary sang Happy Birthday and presented a Birthday Cake to Mayor McElyea. 6. Citizen Comments Jody Kennell, citizen of Dania Beach and representative of the American Cancer Society, advised that Dania Beach would have its very first Relay for Life on May 6-7, 2005. This is a fund raiser for the American Cancer Society that celebrates cancer survivors. She advised a Kickoff Party would be held at the Dania Beach Bar and Grill on Wednesday, February 16, 2005 and invited everyone to attend. 7. Consent Agenda Items added to Consent Agenda: 7.7& 7.8 Items removed from Consent Agenda: 7.6, 7.7& 7.8 7.1 Minutes Approve minutes for Special Meeting of January 10, 2005 • Approve minutes for Regular Meeting of January 25, 2005 Minutes of Regular Meeting 3 Dania Beach City Commission Wednesday, February 9,2005—7:00 p.m. • 7.2 Travel Expenditures: Travel request for Fire Department personnel (Kenci Saintil, Monica Marzullo, Aaron Guest, Javier Carvajal) to attend the 2005 Invitational National ALS Team Competition on February 10- 13, 2005, in Jacksonville, Florida. (Estimated Cost $1,562) Travel request for Gloria Brandes, Community Development, and Connie Falzone Tarrant, Public. Services Department, to attend HTE training on February 22-25, 2005, in Lake Mary, Florida. (Estimated Cost $997) Travel request for James Baker, Public Services Department, to attend Membrane Operators Certification School on January 31-February 4, 2005. (Estimated Cost $509.95) Travel request for Mayor C.K. McElyea, Commissioner Bob Anton, City Manager Ivan Pato, and Assistant to the City Manager Bonnie Temchuk to attend Broward Days, on April 4-6, 2005 in Tallahassee, Florida. (Estimated Cost $3,060.78) 7.3 Bills: There were no bills presented at this meeting. Resolutions 7.4 RESOLUTION #2005-026 • A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PORTION OF STATE ROAD 84 (MARINA MILE) WITHIN THE CITY LIMITS OF THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2005-027 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR, ACCEPT IF AWARDED, AND EXECUTE AN AGREEMENT WITH THE CHILDREN'S SERVICES COUNCIL OF BROWARD COUNTY UNDER THE 2005 SUMMER CHALLENGE PROGRAM; FURTHER, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE GRANT AWARD, TO PROVIDE SUMMER CAMP STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES,UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Chunn motioned to approve the Consent Agenda, with the exception of Items 7.6, 7.7 and 7.8; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: • Minutes of Regular Meeting 4 Dania Beach City Commission Wednesday, February 9,2005—7:00 p.m. • Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 7.6 RESOLUTION #2005-025 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING THE LAW FIRM OF LEWIS, LONGMAN & WALKER, P.A., AS SPECIAL CITY ATTORNEYS TO PROVIDE LEGAL SERVICES TO THE CITY IN CONNECTION WITH A COMPREHENSIVE REVIEW OF THE CITY PENSION PLANS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Commissioner Chunn remarked that he will not support this. He commented that he hoped in the future we would be able to do this in-house due to the $75,000 cost. City Manager Pato remarked the cost is not to exceed $75,000, but it may be less. He noted there are no in-house employees that are qualified to conduct this study. He remarked the City is looking into options for future benefits, which would be a second tier of benefits that the Commission directed staff to look into. The project would include the actuarial studies that are necessary to make sure that we could insure the soundness of the plan. Mary McDonald, Director of Human Resource and Risk Management, explained the project would analyze the existing Pension Plan, the long-term fiscal effects, and an Actuarial Study. She advised the Actuarial Study would address the long term consequences on the current system. She advised extensive research was conducted into the qualifications of the Law Firm and they appear to be very well qualified. Commissioner Anton motioned to approve Resolution #2005-025; seconded by Commissioner Flury. The motion carried on the following 3-2 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn No Mayor McElyea No Commissioner Flury Yes Addendum 7.7 RESOLUTION #2005-030 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, OPPOSING SENATE BILL 620 AND HOUSE BILL 0305 PERTAINING TO PROPOSED STATE LEGISLATION APPLICABLE TO PLACEMENT OF CELLULAR TELEPHONE TOWERS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. • Minutes of Regular Meeting 5 Dania Beach City Commission Wednesday,February 9,2005—7:00 p.m. Vice-Mayor Mikes remarked the City Attorney modeled this after the Resolution adopted by the City of Weston. There is new legislation proposed in Tallahassee that would take away local control, so we need to join other cities and oppose the legislation. Vice-Mayor Mikes motioned to approve Resolution #2005-030; 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 7.8 RESOLUTION #2005-031 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING THE PASSAGE OF FLORIDA SENATE JOINT RESOLUTION NO.228, WHICH WOULD, IF APPROVED BY THE ELECTORATE IN A STATE-WIDE REFERENDUM, AMEND THE FLORIDA CONSTITUTION TO PROVIDE THAT IF HOMESTEAD PROPERTY IS TAKEN BY EMINENT DOMAIN, THE AFFECTED HOMEOWNERS SHALL BE AFFORDED THE PROTECTION OF THE "SAVE OUR HOMES" CONSTITUTIONAL PROPERTY TAX LIMITATION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Vice-Mayor Mikes asked for this Resolution to help the residents in the City that are threatened by the potential airport expansion. City Attorney Ansbro commented this would be an amendment to the Florida Constitution and would have to be approved as a law during the upcoming Florida Legislative Session. If approved, it would probably be placed on the November ballot for the electorate to vote on. Commissioner Chunn motioned to approve Resolution #2005-031; 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 8. Bids and Requests for Proposals There were no proposals for this meeting. 9. Public Hearings and Site Plans City Attorney advised the following hearings are quasi-judicial proceedings and swore-in everyone who would speak on the issues. He asked the Commission to disclose if they had communication with anyone regarding these matters. Minutes of Regular Meeting Dania Beach City Commission Wednesday, February 9,2005—7:00 p.m. • Commissioner Anton advised he spoke with Attorney Bonnie Miskel regarding Items 9.2 and 9.3. 9.1 RESOLUTION #2005-022 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY HARRY HIPLER, ESQUIRE, ON BEHALF OF BRUCE KODNER AND J & J PROPERTIES, FOR VACANT PROPERTIES GENERALLY LOCATED TO THE NORTH OF 34 SE IST AVENUE, DANIA BEACH FROM CHAPTER 26, "VEGETATION", ARTICLE VI, "LANDSCAPING"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Harry Hippler, Attorney for the applicant, advised the applicant wants to gravel the parking lot and comply with the Site Plan. He noted the P&Z Board unanimously approved the request and Staff agrees with the position. Mr. Hippler agreed the applicant would comply with the four conditions in the staff report. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Corinne Church, City Planner, advised that currently there is a gravel parking lot on the site that received a Code violation because it is no longer permitted in the City. Therefore, the applicant brought forward a proposal to repave the parking lot. She advised 25 parking spaces would be provided, in addition to a dumpster enclosure, additional landscaping along SW 1st Avenue, and one loading space. Vice-Mayor Mikes asked if pervious block could be used near the landscape area. Ms. Church clarified that Vice-Mayor Mikes wanted two parking spaces located adjacent to some landscaping to be pervious block. Commissioner Chunn motioned to approve Resolution #2005-022, with the conditions recommended by staff and Vice-Mayor Mikes; 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 RESOLUTION #2005-023 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY BONNIE MISKEL, ESQ., WITH THE LAW FIRM OF RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. AND ISRAEL KUSHNIR OF I. KUSHNIR INVESTMENTS, ON BEHALF OF PROPERTY OWNER LEONARD STOLAR, TRUSTEE, FOR A SPECIAL EXCEPTION TO ASSIGN 112 RESIDENTIAL Minutes of Regular Meeting 7 Dania Beach City Commission Wednesday,February 9,2005—7:00 p.m. LAC (LOCAL ACTIVITY CENTER) UNITS TO PROPERTY LOCATED AT 109 SW PARK STREET, DANIA BEACH;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.3 RESOLUTION #2005-024 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY BONNIE MISKEL, ESQ., WITH THE LAW FIRM OF RUDEN, MCCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. AND ISRAEL KUSHNIR OF I. KUSHNIR INVESTMENTS, ON BEHALF OF PROPERTY OWNER LEONARD STOLAR TRUSTEE, FROM CHAPTER 28, "ZONING, ARTICLE 5," SUPPLEMENTARY LOT REGULATIONS" FOR PROPERTY LOCATED AT 109 SW PARK STREET, DANIA BEACH;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-023 and #2005-024. Bonnie Miskel, Attorney for the applicant, advised the project has changed since first presented to the Commission one year ago. The original height was 18 stories with a greater number of units, which presented issues for the Commission. The project is now a 10 story, multi-family condominium building with structured parking which has been designed consistent with the City's CRA Plan. Ralph Choeff, Architect, remarked he thinks this project is important to the City of Dania Beach. The architecture of the building would be consistent with the CRA and redevelopment plans. It would generate pedestrian traffic to the downtown area. The project is designed in the Mediterranean style architecture; they propose Royal Palms to line Park Street and SW 1 St Street; green tinted glass; and the exterior balconies would be curved on the north and south sides. There will be 91 two bedroom units, and 21 one bedroom units. The pool is located on the third level of the entry structure and will be screened and landscaped to provide privacy and a landscaped effect above ground. Entrance to the building is on the Southwest side of the building and valet service will be provided for guests; exit will be on the North side of the building. No vehicles will be visible from the street; garbage service and deliveries will be in the rear of the building. He noted the building would be 100' in height. Vice Mayor Mikes asked about density and how the calculation for units was made. He questioned if the building would be able to attract buyers. Mr. Leeds responded the density is 57 units per gross acre. Mr. Choeff advised the owner had to stop taking deposits when they reached 30 because they did not know if the project would be approved. He noted the amenities in the building are the pool, gymnasium, and valet, but they are looking to the City of Dania Beach to urbanize and revitalize the downtown area. Vice-Mayor Mikes noted he is disappointed on several past projects that were brought before the Commission in order to raise the value of the land. He questioned the developer's intent in building the project. Minutes of Regular Meeting 8 Dania Beach City Commission Wednesday,February 9,2005—7:00 p.m. Mr. Choeff remarked he has put a lot of work into this project. He also remarked the developer has taken deposits and is ready to break ground as soon as possible. He advised the developer is backed by Lanar on this project. Ms. Miskel advised the developer has done extensive development and construction in New York, but this will be his first project in Florida. She noted that she understands Vice-Mayor Mikes' concern, but the client is working on a contract with Lanar, and they will be a partner on this project. Vice-Mayor Mikes remarked he is going to be conservative on this project and until they can show him someone with a proven track record he will not vote for it. Ms. Miskel responded to Vice-Mayor Mikes. She remarked if you look at a city, such as Delray Beach, they are doing what Dania Beach hopes to do within their city limits. They have approached Urban Infill in such a way that traffic hasn't worsened. They took the position that if you bring more pedestrians downtown, living in buildings like this, they will walk to the neighborhood attractions and it will take traffic off the road. Delray Beach has done it and is recognized nationally for their urbanization efforts. She commented there is no reason why Dania Beach can't be like Delray Beach. She noted it begins by approving a project. Every city that has faced urbanization and urban infill and urban development has had to take certain measures to get the ball rolling. She remarked they have spent more than a year developing this product with staff, and they will continue to listen to the Commission, staff and the community to hear what they would like to see in the development and that will help to make it successful. Mr. Choeff noted the building would be located further to the north of the property, because they will be widening the street and dedicating a portion of the property to the City in order to widen it to the required 24' requirement. The cost of the units will be $250,000 - $400,000. Mayor McElyea opened the Public Hearing. George Jason, 4549 SW 37th Avenue, remarked the project has a lot of merit. He thinks this is the first step in modernizing and improving the downtown area and that it will bring people into the downtown area. He does not believe the building will overpower the surrounding area. Eric Ansel, Attorney, recently bought property at 6 S. Federal Highway. He wants to be a part of what is happening in Dania Beach because he thought Dania was moving towards being a more progressive City. He currently lives in the City of Hollywood. He noted that he built a project in Delray about nine years ago with five other people and they did not have any development experience. His point is that he and his associates had vision, they did not have experience, but the Commission took a chance on them. He would like to see this Commission have the same vision as the Commission in Delray. Tamara Wahl, 251956 N. Federal Highway, noted she has spent the past 20 years working with the older buildings downtown. She complimented the architect on the project. She thinks this project is necessary in the downtown area and hopes the Commission will approve the project. i Minutes of Regular Meeting 9 Dania Beach City Commission Wednesday,February 9,2005—7:00 p.m. Marty Klein remarked he is involved in a gym and fitness center at 222 N. Federal Highway. He questioned if the developer planned on building another building adjacent to this one. Ms. Miskel responded she had no knowledge of another development. However, if the project sells out, there will be a number of developers that will be eager to do something very similar. She noted there are many that are talking about it today. Mimi Donley, 209 SE 3rd Terrace, remarked she finds it an attractive project which could jump start the businesses in the downtown area. She noted she is in real estate and they have had a terrible time attracting businesses to the downtown area. She commented she was in Delray and thought it was what Dania Beach could be. Gary Luedtke remarked he thinks the design, layout and location will be terrific for owners. He is concerned about ownership; although they will be condominiums, the 21 one-bedroom units are tempting to convert to rentals. He questioned if the ownership could be limited for a few years before conversion to rentals. Otherwise, he thinks this could be a move forward for the downtown area. Paul Porzio, 220 SE 1st Street, remarked if we don't take this project, we are not taking anything. To him, this is one of the best projects he has seen. Steve Casper owns property to the east of this project and wanted to bring us up to date as to why he was here. He noted that the residents of Dania Beach are a family, and he hoped Mr. Kushner would be brought into that family. He remarked that he has heard a lot of pipedreams over the past few years. He watches the Commission meetings on television and sees plans brought forward, but nothing develops. He thinks our infrastructure is a problem, as well as transportation and other factors which he is not privy to. He is troubled about two developments, the Pirates Inn and the Dania Beach Hotel, which were approved prior to the CRA Plan for 10 stories. He wondered where the developers went. He was surprised to hear that the Chamber of Commerce did not know about this project, so he did a mailing to the Chamber at his own expense. He read from the City's Long-Term Financial Report: the City is facing the prospect of losing large amounts of its tax base to proposed airport expansion. In addition, the rising cost of providing services to our taxpayers and benefits to our employees pose significant challenge to the City. He noted the report states that redevelopment is likely the best chance the City has to address its tax base growth needs. He also quoted from the report: redevelopment will happen, we have experienced staff in place to manage our resources. A copy of this report is available at City Hall for your viewing. He acknowledged that he placed an ad in the Dania Beach Press which lists the things that he has been told and has evidence to say that they have been approved. He quoted "the water and sewer issues have been resolved". He commented if you go back to February 17, 2004, page 15, lines 2-11, the infrastructure for the water and sewer is adequate, as quoted by Mr. Vazquez. Parking Codes have been met; we have a generous 2.2 for each unit. Landscaping meets City requirements: He read from a letter dated October 22, 2004; October 19, 2004 Fire Code requirements have been met. He noted here is where he messed up: meets LAC and CRA guidelines. These are design guidelines; he was in such a hurry to put the ad in the paper that he forgot and left out the word "design". But, it is a CRA approved design based on the fact that here are the exact pictures that have been provided to the gentleman, as well as Minutes of Regular Meeting 10 Dania Beach City Commission Wednesday,February 9,2005—7:00 p.m. • pictures that the Broward County County-wide Community Design Guidebook, Page 62. He remarked this is not this man's project; it is what you people want. He asked the Commission to put the pipedreams aside, and for those who would no longer be on the Commission, let's leave a legacy; let's leave something positive to remember you by, not another pipedream and another vote no. Jessica Spears, 5823 S. Federal Highway, owner of Flair for Hair, remarked that she is excited about this project. She moved to Dania Beach two years ago. She thinks this will bring revenue and traffic to the City. She knows that people are worried about physical traffic, but she knows it will bring people to the area that can live here, eat in our restaurants, exercise here, and use our services. She commented this is a wonderful opportunity for a small community. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Vice-Mayor Mikes questioned the City Attorney about past Commissioners that have talked about condemning the property on a quick-take basis. He questioned how much it would cost the City to acquire the property, if a condemnation were issued after construction had begun. City Attorney Ansbro responded he had no idea; the people on a jury would make that decision. He noted improvements to the property would enhance its value. Commissioner Anton remarked the Commission is to blame, as well as developers, in past • projects that have failed. He noted development is happening in Ft. Lauderdale and Hollywood which is causing traffic problems for Dania Beach. He wants to make sure the applicant agrees to the conditions and that the property is not turned into a rental property. He commented we want to have some restrictions on the LAC unit allocation. He remarked the infrastructure improvement is important to all of us. We do not have the infrastructure in place and that is the City's fault because for over twenty years we have not done anything to improve it. He noted we currently have a plan, but it will take time and the developer will have to work with us in order to provide the fire flows and water to the area. He thinks this is a good project, and it could be the cornerstone for the kick off in the CRA. Commissioner Chunn motioned to approve Resolution 92005-023, with the recommended conditions. Mr. Leeds clarified the motion was for the amended conditions that were presented this evening. He remarked he has an issue with the scale of the parking garage and it may need to be adjusted. He noted that Ms. Miskel has agreed to the conditions. Commissioner Anton seconded the motion, with the amended conditions and the provision that Mr. Leeds may work with the architect on the scale of the parking garage. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes No • Commissioner Chunn Yes Mayor MMcElyea Yes Minutes of Regular Meeting 11 Dania Beach City Commission Wednesday,February 9,2005—7:00 p.m. • Commissioner Flury Yes Commission Anton motioned to approve Resolution #2005-024, with the amended conditions and the provision that Mr. Leeds may work with the architect on the scale of the parking garage; 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 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton commented on the low turnout of voters for the February 8'h Primary Election. He noted the cost of the Primary Election is too high for the low voter turnout (10.75%). He hopes more people will vote on March 8th. He thought the City Manager and staff could try to reach out into the community and get them interested in voting. He noted we need to look at the cost of holding a Primary Election. 10.2 Commissioner Chunn Commissioner Chunn commented that a lot of people forgot, or did not realize, there was a Primary Election. He thanked God for being kind to him. He also thanked the people who supported him in the election. 10.3 Commissioner Flury Commissioner Flury wanted to discuss Mullikin Park. She noted there are ladies that clean it every day and keep it in excellent condition. However, the children's playground has equipment that is in very poor condition and should be replaced. She commented that she asked the Parks and Recreation Director if funds were available to replace the equipment, but none are available. She thought we could use Park Impact Fees to replace the equipment, but she was told we could not. She thinks the cost is in the high $40,000 range, and would like to see support from the Commission to take funds from Contingency to replace the equipment. Commissioner Flury motioned to (1) allocate an amount from Contingency Reserves, not to exceed $50,000 to replace the playground equipment at Mullikin Park, (2) to waive the bidding requirement, and (3) for the City Manager to review all the playground equipment at all the parks as soon as possible; 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 Minutes of Regular Meeting 12 Dania Beach City Commission Wednesday, February 9,2005—7:00 p.m. ® Commissioner Flury . Yes 10.4 Vice-Mayor Mikes Vice-Mayor Mikes commented that we have old infrastructure in place, but we are also scaling up the infrastructure to accommodate denser development than was perceived thirty years ago. He thinks the City Commission needs to push developers so that taxpayers don't have to foot the bill for developers. He suggested the City Attorney conduct a workshop on developer agreements. City Attorney Ansbro responded tonight's project, and the one on Dania Beach Boulevard, require developer agreements. They are structured so the developers will help contribute to the cost of upgrading the infrastructure. He remarked he is working on an Impact Fee Ordinance and hopes to have it approved before Vice-Mayor Mikes is off the Commission. Vice-Mayor Mikes remarked we should get something on every project approved. He commented the new Federal Budget is talking about cutting CDBG funds and money to States and Cities. He suggested we audit the City to see where we are dependent on Federal and State Funds. He asked the City Manager to look into this. City Manager Pato responded he has already started the review process. He noted we are beginning the Budget process and there is uncertainty out there from the Federal and State Governments. He commented we are trying to be proactive in anticipating impacts and he intends to bring options forward. Vice-Mayor Mikes commented that defibrillators are required at some business locations; he wondered if the City Attorney might monitor the Ordinances and review how to encourage businesses to use them without giving them liability exposure. City Attorney Ansbro responded the solution may show up in the State Legislature this year. Vice-Mayor Mikes asked the City Manager if he was continuing with the acquisition of the Beach Marina.. City Manager Pato responded he is pleased to announce that it is a high priority for the City and the Aragon Group. He advised he spoke with Mr. Snyder and they are trying to finalize the individual agreements for each City impacted by the Slot issue. He noted that everybody is distracted because they want to get it done before March Is'. He noted that he sees a timetable of 60-90 days before there is a document for the Commission to approve. 10.5 Mayor McElyea Mayor McElyea remarked he received a call from a reporter that Mayor Mara Giulanti of Hollywood was opposing the Slots for the City of Dania Beach. He noted that we have never complained about the airport not being in Hollywood and Ft. Lauderdale; they stole Port • Everglades from us and want to call it Port of Hollywood; and now we have an opportunity to Minutes of Regular Meeting 13 Dania Beach City Commission Wednesday,February 9,2005—7:00 p.m. get on the map and she wants to clip our wings. He remarked people run through Dania Beach on their way from the airport to the Diplomat and we do not get any money out of it. He remarked it is a one-way street with the City of Hollywood, and it always has to be their way. He is very upset that Mayor Giulanti wants to hurt us; but he is ready to fight her if need be. 11. Discussion and Possible Action 11.1 Main Street Program (Vice-Mayor Mikes) Vice-Mayor Mikes deferred to the City Manager. City Manager Pato remarked we heard rumors that Main Street was going to be dissolved. We attempted several times to communicate with members of Main Street, but no one has returned our calls. He contacted the President of Main Street late last week and she advised it was true that they were dissolving, and the City should have received a letter. He advised that Bonnie Temchuk contacted the State of Florida and they have not been notified that Main Street dissolved. He advised Main Street has dissolved and there will be no Tomato Festival this year. Mayor McElyea advised he spoke with Ms. Silvernale personally, and she advised him they depleted the bank account and gave out all the scholarships. City Manager Pato asked the Commission for direction. • Commissioner Flury thought the City gave them $20,000 for low-interest loans; she thought the money was in Bank Atlantic. She questioned if the board disbanded, is there anything that precludes other citizens from forming another Main Street Board. City Manager Pato responded the first step is to make sure the State of Florida does not cancel them out. If the Commission wants to preserve it, he would appreciate some direction. Commissioner Flury commented it was a joint application between the citizens and the City to apply for Main Street status. She feels the decision to cancel should also be a joint decision. Vice-Mayor Mikes suggested reformulating the Board in a different manner. He remarked he made a mistake by appointing realtors to the Board that had a conflict between some of the goals of Main Street and representing their clients. City Manager Pato commented he does not know what they intend to do with their property. Mayor McElyea suggested the City should wait until the paperwork is straightened out. 12. Appointments Commissioner Anton appointed Thomas Allen to the Airport Advisory Board; seconded by • Commissioner Chunn. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 14 Dania Beach City Commission Wednesday, February 9,2005—7:00 p.m. Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 13. Administrative Reports 13.1 City Attorney City Attorney Ansbro had nothing further to report. 13.2 City Manager City Manager Pato advised by next week the first mailing should go out to the residents on the Bond Referendum. He asked the people to be patient, the information is coming, and Street banners will be going up shortly. He advised Union negotiations were held today and much progress was made. He noted the General Employees Union has agreed to adopt a Pay for Performance system for all employees as part of the total package. He thanked everyone on the negotiation team and the Union members for their hard work during negotiations. 13.3 City Clerk—Reminders Tuesday, February 22, 2005 —7:00 p.m. —Regular Commission Meeting Tuesday, March 8, 2005 —General Election Day Wednesday, March 9, 2005 — 7:00 p.m. —Regular Commission Meeting 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 Gary Garofalo congratulated the winners in the Primary Election on behalf of the Chamber of Commerce. He advised a candidate forum would be held at Tropical Acres in the morning. 14. Adjournment Mayor McElyea adjourned the meeting at 10:01 p.m. CITY OF DANIA BEACH ATTEST: C.K. MCELY �;;�, Q MAYOR-COMMISSIONER _LOUINE STILSON CITY CLERK APPROVED:"February 22, 2005 • Minutes of Regular Meeting 15 Dania Beach City Commission Wednesday, February 9,2005—7:00 p.m.