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HomeMy WebLinkAbout2005-07-26 Regular City Commission Meeting Minutes • MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JULY 26, 2005 - 7:00 P.M. 1. Call to Order Mayor Castro called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance 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. City Manager Pato advised Commissioner Anton would not attend tonight's meeting because of a serious family matter. He stated that Commissioner Anton requested that the Mayor and Commission consider postponing tomorrow's Budget Workshop until he was able to attend because this is one of the most difficult Budgets the City has to address and would like to be here for it. ® Commissioner McElyea motioned to reschedule the Budget Workshop and Special Meeting for Monday, August 1, 2005 beginning at 9:00 a.m.; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes 3. Roll Call Present: Mayor: Anne Castro Vice-Mayor: Patricia Flury Commissioners: John Bertino C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson Absent: Commissioner: Bob Anton • 4. Presentations and Special Event Approvals 4.1 Retirement of Kathleen Smith from the City's Water Department Finance Director Patricia Varney presented a plaque and gift to Kathleen Smith on her retirement from the Water Department. Ms. Smith has been with the City for ten years and is the Customer Service Representative responsible for taking payments of utility bills, as well as helping citizens. 4.2 Certificate of Completion from the 2005 Institute for Elected Municipal Officials presented to Mayor Anne Castro City Manager Pato presented Mayor Castro with a Certificate of Completion for attending the 2005 Institute for Elected Municipal Officials. Commissioner Bertino motioned to excuse Commissioner Anton from tonight's meeting; seconded by Commissioner McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes 4.3 Waiver of fees at the I.T. Parker Center for the Dania Improvements Committee — • Kurt Ely Kurt Ely, Chairman of the I.T. Parker Advisory Board, asked the Commission to waive the fees for the Dania Beach Improvements Committee annual fundraiser. The event will be on Saturday, October 29, 2005, and have a Halloween theme. Vice-Mayor Flury motioned to approve the recommendation of the I.T. Parker Advisory Board; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes Mr. Ely distributed a proposed resolution to the Commission for the I.T. Parker Advisory Board. He suggested the Commission authorize the City Attorney to make the revisions. He also commented the resolution for the Neighborhood Advisory Committee needed to be revised to clarify the intent of the Commission. 4.4 Invitation to the Fun in the Sun Day at PJ Meli Park on Monday, August 1, 2005 from 11:00 a.m. — 3:00 p.m. —Terri Weech, Parks and Recreation Department Terri Weech, Recreation Program Manager for the Parks and Recreation Department, along with • the rest of the management staff, presented personalized invitations from the children to the Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, July 26,2005—7:00 p.m. • Commission, City Manager, City Attorney and City Clerk to the Fun in the Sun Day event. Hopefully, the Commission will be able to attend event even though they rescheduled the Budget Workshop for the same day. Kristen Jones, Director of Parks and Recreation, informed the Commission of the National Night Out Against Crime, which would be held on Tuesday, August 2, 2005, beginning at 6:30 p.m. This event is a Block Party which is coordinated through the BSO and will be held in the parking lot at City Hall. 5. Proclamations 5.1 Dennis/Stanford Family Reunion Weekend—Bobbie Grace 6. Citizen Comments John Bruckner, 201 SE llth Terrace, Meadowbrook Lakes, commented on newspaper articles concerning the Pier Restaurant. He commented this could be dangerous and is not the right location for this type of restaurant; insurance will be exorbitant; and the restaurant would not flourish. Jim Lynch, 613 NE 2❑d Place, commented he heard a rumor the City may be losing its Lifeguards • and contract the service. He hopes we do not contract the service because we may not get the same service we currently receive. Ann Page, 38 SW 5th Street, spoke against privatization of the Lifeguards. She commented that Captain Glenn Morris has been a phenomenal mentor to the Lifeguards at the Beach, and noted his accomplishments during his tenure with the City. She indicated contracted Lifeguards would not continue the accomplishments of Captain Morris. Kathy May, 4445 SW 26th Avenue, is concerned about the length of time it has taken to receive a Tree Permit. She submitted the application on March 21St, and indicated she has been getting a runaround from the City as to why the permit was not issued. She was told that her application was lost and she needed to submit a new application at least two weeks before the City Commission meeting so that it could be placed on the Commission Agenda. Her request is not on tonight's agenda, and now she is being told she needs to plant four Oak Trees, and previously had been told she could substitute some trees. She was also told she needed to submit her house plans; where the four trees would be located; and the location of a future pool. She is frustrated because she is not receiving concise information, and is concerned about the time it may take to obtain a permit to construct her house. She noted everyone has been very nice to her, except she still has a tree in her yard. Laurence Leeds, Director of Community Development, commented he spoke to Ms. May and the situation has been handled. He disputed some facts and indicted she was not given the • Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,July 26,2005—7:00 p.m. runaround. He acknowledged it did-take a long time because they requested information from • her that they did not receive until July 13tn Ralph Eddy, 150 SE 3`d Avenue, is concerned about signage and trash in the swales in the south east section of the City. He commented on the house at 120 SE 3`d Avenue that the City cleaned up which is again accumulating trash in the high grass. He indicated a house at 222 SE 2nd Street is vacant, except for vermin, and the trash can is not in the alley. The animals in the house are beginning to intrude into other houses in the neighborhood. He noted that Eugene Mace, Public Services employee, is conscientious and picks up what Waste Management does not pick up. Michael McCloskey, 30 SE 3`d Place, is concerned about the privatization of the Dania Beach Marine Officers. He spends a lot of time at the beach with his son, and fears the City will not be able to replace the Lifeguards with qualified contracted employees. Alfred Griffin, 5910 SW 37`n Avenue, asked the Commission to change the City Code to allow home generators. He is concerned about his ill wife who requires a constant air conditioned environment. He indicated FP&L has a division where they act as General Contractors and install these units. These generators are permanently attached to the house and make a safer environment during power outages. 7. Consent Agenda Items removed from Consent Agenda: #7.5 is continued at the applicant's request 7.1 Minutes: Approve minutes for Regular Meeting of June 28, 2005 7.2 Travel Requests: Travel request of Commissioner John Bertino to attend the Florida League of Cities 79`n Annual Conference in Orlando, Florida, from August 17-21, 2005. (Estimated cost $1,610.00) Travel request of Joe Husosky, Information Services Department, to attend the CivicPlus Users Conference/Training in Wichita, Kansas, from September 20-23, 2005. (Estimated cost $715.00) Resolutions 7.3 RESOLUTION #2005-105 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 848 (STIRLING ROAD) FROM I-95 EAST TO U.S. I WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,July 26,2005—7:00 p.m. . Ordinances (Titles read by City Attorney) 7.4 ORDINANCE #2005-029 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE TRANSPORTATION ELEMENT OF THE CITY OF DANIA BEACH COMPREHENSIVE PLAN; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.5 ORDINANCE #2005-032 Continued until August 9, 2005 per applicant's request AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "AQUA ISLES" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED ON THE NORTH SIDE OF GRIFFIN ROAD, EAST OF SW 40 AVENUE, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "AQUA ISLES" PLAT; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Vice-Mayor Flury motioned to approve the Consent Agenda, with the exception of Item #7.5; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes Vice-Mayor Flury motioned to continue Ordinance #2005-032 until August 9, 2005, at 7:00 p.m.; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes 8. Bids and Requests for Proposals 9. Public Hearings and Site Plans 9.1 ORDINANCE#2005-028 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, WITH THE CITY COMMISSION ACTING AS A CITY HISTORIC PRESERVATION BOARD, DESIGNATING THE CRUDUP-HANSEN HOUSE LOCATED AT 38 S.W. 5T" STREET, ART J. RYAN HOUSE, 215 SW 6 STREET, PRIVATE RESIDENCE AT 101 SE 2 STREET, C.M. PHILLIPS RESIDENCE, 802 SW 2 AVENUE OCEAN WATERWAY MOBILE HOME PARK OFFICE BUILDING, 1500 WEST GRIFFIN ROAD,EUREKA MASONIC LODGE, 269 F.A. M., 101 SE I AVENUE, AND THE A. E. ANDERSON HOUSE, 323 SW I AVENUE IN THE CITY OF DANIA BEACH AS HISTORIC BUILDINGS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, July 26,2005—7:00 p.m. • City Attorney Ansbro read the title of Ordinance #2005-028. Laurence Leeds, Director of Community Development, advised twelve properties had been identified by Dr. Adams, the Historic Preservation Director for the City of St. Augustine, in 2001, as worthy of National Historic Designation. The City Commission decided to move forward with Local Historic Designation for properties that had commercial designation and commercial zoning. Currently, there are six remaining sites, with the exception of one site, that were built as single family homes. He noted a seventh site has been added at the request of the homeowner who provided the justification for historic designation. He advised all property owners were notified. Mayor Castro opened the Public Hearing. Christopher Eck, Broward County Historical Commission, spoke on behalf of the request of John and Ann Page to designate their house with historical significance. He indicated the house meets the criteria because of the individuals associated with the house. William Phillips, 790 SW 2„d Avenue, represented his family from 802 SW 2„d Avenue, and declined the historic designation. Sam Bouban, 101 SE 1st Avenue, asked the Commission not to designate the Masonic Lodge located at 101 SE 1st Avenue, as a historic site. He commented they appreciate the Commission's consideration, but they feel the building does not represent a historic value to the City. They plan on upgrading the building to make it look nicer. Mr. Leeds clarified the Masonic Lodge was designated for its association with the social history of the community, not for its architecture. Derrick Hankerson, 746 SW P Street, addressed the lack of representation of structures in the African-American community. He asked the Commission to consider property at 725 SW 71" Terrace, and property on NW 1st Street that used to be an African-American theater. Ken Koch and Attorney Sam Kelliano, spoke on behalf of Rhonda Hollander, 323 SW* 1st Avenue. Attorney Kelliano asked the Commission to continue moving this parcel until the property owner is back in the country. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public -Hearing. Commissioner Bertino commented if owners want the designation it should be on the registry, but if the owner does not want the designation it should not be on the registry. He suggested three properties be removed from the Ordinance. Commissioner McElyea commented the Ocean Waterway House is the most significant historical house in the City, next to the Nyberg Swanson House. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,July 26,2005—7:00 p.m. Vice-Mayor Flury suggested approving those with no objections. These properties should be removed from the Ordinance: Anderson House, Masonic Lodge, and 802 SW 2"d Avenue. Vice-Mayor Flury motioned to approve Ordinance 42005-028, with the removal of the Anderson Mouse, Masonic bodge, and 802 SW 2"d Avenue, on second reading; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes Mr. Leeds clarified that the Ocean Waterway House, A.J. Ryan House, the Crudup-Hansen House, and 101 SE 2"d Street remained in the Ordinance. Item # 9.3 was heard after Item #9.1. Item #9.2 was heard after Item #9.3. 9.2 ORDINANCE #2005-025 AN ORDINANCE AMENDING CHAPTER 13, "HEALTH AND SANITATION", ARTICLE IV, "GARBAGE AND TRASH", SECTION 13-74, "GARBAGE COLLECTION BY PRIVATE HAULERS, PERMITS REQUIRED", OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, TO REQUIRE EMPTY GARBAGE CARTS AND OTHER RECEPTACLES TO BE REMOVED FROM ROAD RIGHTS-OF-WAY AND THE FRONT YARDS OF RESIDENTIAL PROPERTY BY DUSK ON THE DAY OF GARBAGE AND TRASH PICK-UP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-025. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Vice-Mayor Flury commented the problem is enforcement; she does not want to be the person citing trash cans in the front yards. She remarked if we are not going to do anything about it, we shouldn't have the Ordinance. Mr. Leeds responded that they would be enforcing the Ordinance on a complaint basis, and if they see other violations on the same street they will cite everyone with a violation. The problem is they need to coordinate with Public Services to obtain trash days for each neighborhood. Commissioner McElyea suggested placing a notice on the utility bill so people would be aware of the regulations. Vice-Mayor Flury motioned to approve Ordinance #2005-025, on second reading; seconded by Commissioner McElyea. The motion carried on the following 4-0 Roll Call vote: Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,July 26,2005—7:00 p.m. Commissioner Bertino Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes Item #9.5 was heard after Item #9.2. Item #9.3 was head after Item #9.1. 9.3 ORDINANCE #2005-026 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 5 OF THE CITY CODE OF ORDINANCES ENTITLED, "ANIMALS AND FOWL", SECTION 5-15, ENTITLED "DOGS AT LARGE PROHIBITED"; TO PROHIBIT THE OUTDOOR TETHERING, TYING OR CHAINING OF DOGS SUBJECT TO CERTAIN CONDITIONS AND TO PRESCRIBE HUMANE TREATMENT CONDITIONS FOR DOGS IN THE OUTDOORS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-026. Mayor Castro opened the Public Hearing. Loretta Murray, 214 SE Park Street, urged the Commission to pass the Ordinance because it is the most humane Ordinance that the City will ever pass. Commander Thomas Murray, 214 SE Park Street, commented he was pleased to read about the Ordinance, and is proud of Dania Beach and this regulation. Pierrette Bettex, 303 SE 4th Street, spoke in favor of the Ordinance. Mara Rossi, 1780 Yellow Heart Way, works as an educator for the Humane Society of Broward County, and teaches children about humane education. She spoke in favor of the Ordinance. Dennis Rader, 260 SW 141" Street, commented on his neighbor's dogs. He indicated for the next few weeks they would be living in a defensive posture because they will be perceived as the person who made the call regarding the dogs. He commented his neighbors have no less than 10 Pit Bulls, but most likely 20, and BSO has tried to solve this situation. He remarked this is the best Ordinance the City could adopt. He suggested the Commission look at littering after adopting this Ordinance. Fay Bartelmes, 214 SW 2nd Terrace, commented the Commission should pass a Pooper Scooper Ordinance. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearing. Vice-Mayor Flury motioned to approve Ordinance #2005-026, on second reading; seconded by Commissioner McElyea. The motion carried on the following 4-0 Roll Call vote: Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, July 26,2005—7:00 p.m. Commissioner Bertino Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes Item #9.2 was heard after Item #9.3. Item #9.4 was heard after Item #9.7. 9.4 ORDINANCE #2005-018 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,AMENDING CHAPTER 13,"HEALTH AND SANITATION", ARTICLE II, "SANITARY NUISANCES", DIVISION 1, "GENERALLY", SECTION 13-32, CURRENTLY ENTITLED "RESPONSIBILITY OF OWNERS TO MAINTAIN VACANT PROPERTY", TO CLARIFY THE RESPONSIBILITY OF OWNERS TO MAINTAIN BOTH IMPROVED AND VACANT PROPERTY AND TO REVISE THE CHARGES IMPOSED BY THE CITY FOR CLEARING OF IMPROVED PROPERTY AND VACANT LOTS WHEN PROPERTY OWNERS FAIL TO DO SO VOLUNTARILY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-018. Laurence Leeds, Director of Community Development, advised this changes the Ordinance to address property that is occupied by a home, but abandoned; and the way we charge the delinquent property owner for the clean up. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing: Commissioner Bertino motioned to approve Ordinance 92005-018, on second reading; seconded by Vice-Mayor Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes Item #10, Commission Comments, was heard after Item #9.4. Item # 9.5 was heard after Item #9.2. City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in all who would speak. He asked the Commission to disclose any communication they may have had. 9.5 RESOLUTION #2005-099 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST BY LEONID SHUTOV, OWNER OF GOLDEN KEY PLAZA, INC., FROM CHAPTER 28, "ZONING", ARTICLE 28, "SIGNS", FOR PROPERTY GENERALLY LOCATED AT 801-833 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from June 28,2005) Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, July 26,2005-7:00 p.m. City Attorney Ansbro read the title of Resolution #2005-099. Laurence Leeds, Director of Community Development, advised they have conceptually approved the sign variance for height, setback, and sign area. He commented it is a large sign, but this is a unique and special situation. He noted they support the variance with conditions: (1) the base of the sign and the exterior elements have paint and stucco to match the building; (2) a black background with white cut-out letters; and (3) a survey of the property in order for staff to determine the location of the sign. Jessica Speirs-Feig, owner of Flair for Hair Salon and Spa, represented herself, the landlord, and the other tenants. She submitted a drawing of the proposed sign location. She indicated they had no objections to the recommendations made by Mr. Leeds. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Vice-Mayor Flury motioned to approve Resolution #2005-099, with the conditions outlined; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes 9.6 RESOLUTION #2005-107 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY RICHARD G. COKER, JR., ESQ., COKER & FEINER, ON BEHALF OF B & JCM PROPERTIES, LLC, FROM CHAPTER 28, "ZONING", FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF INTERSTATE 95 AND STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 9.7 RESOLUTION #2005-106 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY RICHARD G. COKER, JR., ESQ., COKER & FEINER, ON BEHALF OF B & JCM PROPERTIES, LLC, FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF INTERSTATE 95 AND STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-107 and Resolution#2005-106. Attorney Rob Feiner, representing the Best Western Hotel, advised access will be obtained from where the old Texaco Station was. This property has been taken by FDOT as part of its right-of- way, and the entranceway was controlled by FDOT. He noted they have an FDOT permit for access to the hotel property site, and they developed the plans with FDOT and their guidelines. This is a 150 room hotel which will primarily service guests of the Ft. Lauderdale Airport and . people going on cruises. The first variance is for a six story building, where five are required; however the hotel is sixty feet which is less than the required height. The second issue is to Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,July 26,2005—7:00 p.m. • allow 153 parking spaces for a 175 parking space hotel. They do not object to the condition the hotel provide a dedicated Shuttle Service that will only serve travelers or hotel guests that only go to the airport or the Port. They will provide a phone at the airport so that the Shuttle Bus will go to the airport to pick up guests. They will also have a shuttle service to the Cruise Ships. He advised that hotel amenities, such as a lounge, would be for hotel guests only. He noted there would be five foot chain link fence around the property, as well as a five foot strip of landscaping. The third variance is for a pole sign of 100 square feet, as opposed to 50 square feet. He commented the Planning & Zoning Board recommended approval of the three variances. He indicated the adjoining property owner objected because they would not have access to their property. He noted they do not have control of the access area, but would work with FDOT and the adjoining property owners to help them attain access to their property. He indicated they were happy to make changes to their plan if FDOT requires it. He stated they agree to implement the CPTED requirements of the Broward Sheriff's Office. Mayor Castro opened the Public Hearing. Jeffrey Hill, representing the Hill family who owns the nursery on the adjacent property, commented Attorney Feiner fairly represented his concerns. He indicated FDOT had an oral agreement with his father for a 50' wide curb cut which he could use as if it were his property. He indicated they had no notice of this and FDOT has taken away their access and limited them to a small twenty four foot access. He commented they also have a rental house on the property that would no longer have driveway access. He is concerned about parking because there is no room for expansion except for his property. He is also concerned about stormwater retention on the property because his property is low and tends to flood easily. Attorney Feiner reiterated they are willing to work with Mr. Hill and FDOT for driveway access; however, they cannot commit to anything because it is not their property. They will not impose on the adjacent property for parking because there will be landscaping and a fence around the property. They have a permit from South Florida Water Management District for their stormwater drainage. Ralph DiNuzzio, Engineer for the project, commented they spent up to four years testing and designing the site to conform to South Florida Water Management District's requirements. A small berm will be located around the property; and the pavement is turned inward to allow drainage to remain on site. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearing. Corinne Church, City Planner, advised staff recommends approval of the three variances, with conditions; and approval of the site plan. Commissioner Bertino questioned why the developer did not discuss the plans with the adjoining property owner before beginning development. He thinks this should be tabled until the next meeting to allow the parties to get together and work out the situation. • Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,July 26,2005—7:00 p.m. Commissioner Bertino motioned to table the variances and site plan until August 9, 2005 at 7:00 p.m.; seconded by Commissioner McElyea. Vice-Mayor Flury remarked she does not object to tabling the Site Plan, but not the variances. She stated the sign needs to say Best Western Dania Beach, Florida. She will not approve a sign if it does not say Dania Beach. Attorney Feiner responded they have no objection to the sign variance being conditioned with Dania Beach. He indicated they would put Dania Beach on the bottom of the sign. Mayor Castro pointed out the Commission was putting the applicant in an unfair position by tabling this because it is not their decision of how to access the property. She does not want to put any applicant in the position of mediating between FDOT and another citizen; this is not a fair expectation of the applicant to settle the FDOT question with Mr. Hill. Mr. Hill needs to work out the situation with FDOT; and she does not object to City personnel helping Mr. Hill talk to FDOT. She is opposed to tabling this because it is a good project for Dania Beach. Commissioner McElyea commented a variance is a hardship, and Mr. Hill has a hardship with no driveway. Commissioner Bertino remarked he has seen FDOT say one thing and then change their mind. He stated two weeks will not be horrendous to this project, and positive movement could be obtained from FDOT if the applicant goes to FDOT with Mr. Hill. He stated he would vote in two weeks, regardless of FDOT's cooperation. Attorney Feiner responded they did not know about Mr. Hill's objections until the Planning & Zoning Board meeting. The next day he sent Mr. Hill a copy of the Site Plan; all the FDOT contact information he had, including direct dial phone numbers; and he also contacted FDOT. He did not hear from Mr. Hill again until tonight on any of the other matters, such as drainage and parking. On Friday, he heard from FDOT that Mr. Hill went there and had concerns about access. He stated he immediately told the FDOT person that they were willing to work with the adjacent property owner and set up a meeting. Commissioner Bertino remarked now you have the opportunity to work with him. He has no concept if there .was a miscommunication, but they have two weeks to get things settled amicably. He stated he would not vote for any variances tonight. Mayor Castro remarked the motion is to table Resolution#2005-107 and Resolution 92005-106. Vice-Mayor Flury asked for separate motions on the Resolutions. Commissioner Bertino motioned to table Resolution #2005-107 until August 9, 2005 at 7:00 p.m.; seconded by Commissioner McElyea. The motion failed on the following 2-2 Roll Call vote: Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,July 26,2005—7:00 p.m. Commissioner Bertino Yes Vice-Mayor Flury No Commissioner McElyea Yes Mayor Castro No Attorney Feiner requested to withdraw the variance and site plan until August 9, 2005, as opposed to getting into the politics that are going on with the voting. Vice-Mayor Flury commented she does not think two weeks will hurt anyone and thinks it is the fair thing to do, but she would be prepared to support this at the next meeting. Item #9.4 was heard after Item #9.7. 10. Commission Comments 10.1 Commissioner Anton Absent 10.2 Commissioner Bertino Commissioner Bertino commented the lights on Federal Highway need to be fixed. He remarked the City needs to clean the property on SE 3`d Avenue again. He stated Community Development needs more people to do all the things we want done and this will need to be addressed at Budget time. He noted his prayers go out to Commissioner Anton and his family. 10.3 Commissioner McElyea Commissioner McElyea commented Coconut Trees were planted along the west side of Phippen Road a few years ago and are now quite tall. He suggested Public Services relocate them and plant new trees before Florida Power cuts the tops and we have to buy new replacement trees. He indicated he offered to donate Sea Grape Trees to the City last month and wondered what the status was. He complimented BSO on the recovery of his stolen truck. 10.4 Vice-Mayor Flury Vice-Mayor Flury had no comments. 10.5 Mayor Castro Mayor Castro complimented Parks and Recreation on the Baby Otter Swim Program for children as young as ten months, which teaches children how to get to safety if they fall in a pool of water. She thanked BSO, the Fire Fighters, and everyone who participated in the event. She noted the League of Cities Legislative Committee met this week and is asking for more definitions on property rights and eminent domain. They will also address affordable housing, potable water, unfunded mandates, and CDBG Block Grants. She thanked everyone involved in the Power Boat Races; they will return again next year. She advised Ed Summers is ill and wished him a speedy recovery. She urged everyone to get involved in the upcoming Budget process; the City has some tough challenges ahead, and tough decisions need to be made. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,July 26,2005—7:00 p.m. • 11. Discussion and Possible Action 11.1 Special Request from Sam Weiss to install a temporary office trailer on the vacant lot south of 130 SW 3rd Avenue for up to 60 days Laurence Leeds, Director of Community Development, advised there was a fire inside the building and Mr. Weiss is requesting to install a temporary trailer. He noted he recommends approval subject to Mr. Weiss removing the trailer within 60 days of installation. Commissioner McElyea motioned to approve the request to install a temporary office trailer on the vacant lot south of 130 SW 3rd Avenue, for up to 60 days; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes 11.2 Code issues at Avon Isles—Mayor Castro Mayor Castro commented she received an anonymous letter from someone in Avon Isles addressing code issues, particularly commercial vehicles. She suggested establishing a definition of commercial vehicles, and having the Community Development Director bring information • forward at a future date. Vice-Mayor Flury commented we have good idea of what is permitted in the front yard, and this area is not unique. The fact that we do not have adequate code enforcement can be discussed during the budget meeting. Mayor Castro commented she does not think commercial vehicle is well defined, and she would ask the Community Development Director to bring something forward. Laurence Leeds, Community Development Director, responded the Ordinance is ambiguous and unclear, and it is nearly impossible.to enforce. The biggest problem we have is the Broward County Code; it is hard to enforce, it defines commercial vehicles in four different ways, sometimes combining definitions. He noted we no longer have to operate under the Broward County Code. Vice-Mayor Flury suggested we look at all the ordinances we inherited from the County. Mr. Leeds responded most complaints are in the area of commercial vehicles. He noted the City Code is also obsolete in terms of commercial vehicles, and would literally outlaw 90% of the pickup trucks that people currently park in front of their homes. He indicated we need to look at commercial vehicles first, and look to see if there is support in the community. i Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,July 26,2005—7:00 p.m. • Commissioner Bertino commented Dania Beach is predominately a working community; and working people bring their vehicles home. He is concerned this will cause problems if we try to ban pickup trucks. Mr. Leeds commented the complaint is with the evolution of the pickup truck to a larger vehicle that has more commercial uses. Mayor Castro agreed that we have a lot of working class people; however, even working class people want to have a nice house next door so their property value stays up. Vice-Mayor Flury remarked we should not look at an ordinance that deals with pickup trucks. Mayor Castro responded there is more than one person and neighborhood, and it is more than just commercial trucks. It is trucks that have been modified to look like a Winnebago; and trucks that have racks upon racks. She asked Mr. Leeds to look into the matter and speak to the residents. The Commission agreed to look into the matter, but to be careful with the issue of the pickup truck. 11.3 Discussion of permanent Propane/Natural Gas Generators in Single Family and Duplex Zoning Districts • Larry Leeds, Community Development Director, noted this is in response to requests for permanent propane or natural gas generators in residential yards. Our Code does not address the issue, and people want them because they may lose power during a storm. Vice-Mayor Flury commented we need something in the Code to address the issue because it is happening and a lot of people are doing it without permits. Mr. Leeds responded it will take three months to get the ordinance ready. He wanted the Commission to be aware that the generators make a lot of noise and neighbors may have an issue. Commissioner Bertino agrees this has to be addressed and suggested the noise issue could be addressed at the same time. Mr. Leeds responded the zoning code would need to be changed. Fay Bartelmes commented that refrigeration trucks should not be allowed during the night and early morning hours. Alfred Griffin, 5910 SW 37t" Avenue, addressed the noise issue. He indicated the system he wants is a Kohler, 12kw, and the noise is equivalent to a vacuum cleaner. He indicated the way you angle the exhaust away from your neighbors would cut down the noise. He stated his plan • Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,July 26,2005—7:00 p.m. includes installing a hedge around the unit. He noted portable generators make more noise than the permanent installations. 11.4 Discussion of Sandwich Signs—Mayor Castro Mayor Castro commented this was brought to her attention by people along the Dania Beach to Griffin Road/US 1 Corridor. She indicated with Pole Signs being removed, a lot of businesses are installing Sandwich Signs which are not allowed; so she asked Mr. Leeds for an alternative. Mr. Leeds commented we currently allow pedestrian signs that are perpendicular to the road, but is only three feet. He indicated some cities allow six to ten square foot signs that can be hung perpendicular to the road. He will bring an ordinance forward if the Commission desires. 12. Appointments 12.1 Airport Advisor. Board (15 Members—3 per Commissioner—2 Year Term) Commissioner Bertino—2 appointments Commissioner McElyea— 1 appointment Commissioner Bertino appointed Don Hill. 12.2 Code Enforcement Board r1 Regular Appointment—General Contractor 12.3 Human Relations Board (10 Members—2 per Commissioner—2 Year Term) Commissioner McElyea— 1 appointment Mayor Castro— 1 appointment 12.4 I.T. Parker Community Advisory Board (5 Members — 1 per Commissioner — 2 Year Term— 1 Alternate) 1 Alternate position 12.5 Nuisance Abatement Board (5 Regular and 2 Alternate Members — 1 per Commissioner—Alternates by entire Commission—2 Year Term) 2 Alternate positions 12.6 Parks, Recreation and Community Affairs Advisory Board (10 Members — 2 per Commissioner—2 Year Term) Commissioner McElyea— 1 appointment • Commissioner McElyea appointed Kurt Ely. Minutes of Regular Meeting 16 Dania Beach City Commission. Tuesday,July 26,2005—7:00 p.m. 12.7 Unsafe Structures Board (9 Members) 1 Citizen with experience and background in the field of social problems Vice-Mayor Flury motioned to approve the Board appointments; seconded by Commissioner McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes 13. Administrative Reports 13.1 City Manager City Manager Pato had no comments. 13.2 City Attorney City Attorney Ansbro reported that Broward County will be charging the City $30,000 in Impact Fees for the construction of the Pier Restaurant. He suggested we pay under protest and ask County Commission Rodstrom to take our cause to the County Commission and ask for a waiver. Commissioner Bertino motioned to appropriate $30,000 from Contingency; seconded by Commissioner McElyea. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Flury Yes Commissioner McElyea Yes Mayor Castro Yes 13.3 City Clerk—Reminders Monday, August 1, 2005 - 9:00 a.m. - 4:00 p.m. —Budget Workshop Monday, August 1, 2005 - 400 p.m. — Special Meeting - Tentative Millage Rate & Assessment Fees Thursday, August 4, 2005 —6:00 p.m. —Abatement Hearing Thursday, August 4, 2005 — 7:00 p.m. —CRA Regular Board Meeting Tuesday, August 9, 2005 —7:00 p.m. —Regular City Commission Meeting Wednesday, August 10, 2005 —4:00 p.m. —Aquatic Services Workshop 14. Adjournment Mayor Castro adjourned the meeting at 9:37 p.m. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,July 26,2005—7:00 p.m. CITY OF DANIA BEACH a,.., a� ATTEST: ANNE CASTRO MAYOR-COMMISSIONER LOUISE STILSON CITY CLERK Approved: August 9, 2005 • Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,July 26,2005—7:00 p.m.