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HomeMy WebLinkAbout2005-08-23 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, AUGUST 23, 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 Rabbi Avram Skurowitz, Brauser Maimonides Academy, gave the invocation and all remained standing for the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Anne Castro Vice-Mayor: Patricia Flury Commissioners: Bob Anton John Bertino C.K. McElyea City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Letter of Commendation to Engineer/Operator Christopher Chandler from Fire Chief Ken Land, Dania Beach Fire-Rescue Department Fire Chief Ken Land expressed his appreciation to Engineer/Operator Chris Chandler for his quick response in assisting a person who had fallen during a cardiac incident. 4.2 Letter of Commendation to Paramedic/Firefighter Tim Quigley from Fire Chief Ken Land, Dania Beach Fire-Rescue Department Fire Chief Ken Land recognized Paramedic/Firefighter Tim Quigley for his outstanding efforts in organizing the 10t" Annual Dolphin Derby which benefited the Dan Marino Foundation and raised over $13,000. • Tim Quigley presented the Commission with a plaque for their support of the Dolphin Derby Tournament. 5. Proclamations 5.1 International Association of Fire Fighters Week—Jim Reid, Muscular Dystrophy Association Mayor Castro presented a proclamation to Jim Reid, Paramedic/Firefighter for the City of Dania Beach, for International Association of Fire Fighters Week. 6. Citizen Comments Hugues Valcourt, 5740 Tyler Street, Hollywood, stated he is a certified Firewalking instructor and teaches people to overcome their fears. His friend owns the Airport Inn and has given him permission to host seminars there. He requested the Commission grant permission for him to have a permit for an open fire at the facility. City Manager Pato responded there is an application procedure that is subject to review by the Fire Department and other departments. He needs to get together with Community Development to begin the process. George Jason, 4549 SW 37th Avenue, Dania Beach, spoke about the divider islands on Griffin Road, which are the responsibility of the State and are in poor condition. He indicated he contacted George Duff of Florida Highways Complaints and was informed they had problems with the contractor. He commended the City for maintaining their portion of the highway. He advised the Neighborhood Advisory Board would meet tomorrow at 7:00 p.m. in the Conference Room at City Hall and invited the public to attend. He mentioned Dania Beach Neighborhoods United would meet on September 7, 2005. Bob Mikes, 835 NW 131h Avenue, Dania Beach, remarked trees in his community (Melaleuca Gardens) had been cut without permission of the City Commission. He touted his accomplishments while he was on the City Commission and indicated that because of one person who objected to pine needles on their roof, $40,000 of taxpayer money was spent to cut down trees because that person is the friend of a Commissioner. He complained the tree cutting has brought down their property values and has eliminated the tree buffer for the airport. He indicated there may be inverse condemnations on these homes because of this action. He suggested the Commission now needs to correct the problem. Pat Sullivan, 529 NW 71h Street, and owns a home at 821 NW 10'h Avenue in Melaleuca Gardens, stated he was upset when the pine trees came down and is concerned about condemnation by the County. He understands other trees will be planted to replace the Pine Trees to block out the power lines. He asked that no more Pines be cut down until there was a • plan of how to block out the towers. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, August 23,2005—7:00 p.m. Commissioner Bertino clarified that the City Commission had nothing to do with cutting the trees. Linda Warren, 525 NW 7th Street, Dania Beach, stated she has one of the biggest houses in Melaleuca Gardens and wants the trees gone. She offered her neighbors to landscape the area with tall Palm Trees in order to make it more aesthetically pleasing. Her home provides a buffer for the rest of the neighborhood and they do not have the damage that her home receives. Her home is one of the biggest in the neighborhood and she is unable to install a pool because of the pine needles. She indicated she pays higher taxes than most of the surrounding homeowners and the Commission should listen to her concerns. Adam Reckert, 529 NW 8th Street, Dania Beach, stated he and his wife just purchased their house in April and they have the same problem with the trees. The trees provided a buffer from the sound of the trains and they could barely see the power lines. He understands the trees caused problems for other people, but other trees need to be planted to replace those cut. Mike DiDona, 710 NW 61h Avenue, Dania Beach, commented the trees have been a danger to his family and home for the past five years. They had complained to the City, County, Airport, and FP&L on several occasions but no one did anything. An FP&L representative saw the danger posed by the trees and condemned the trees and a power pole. He commented since the trees were cut his children can play safely in their yard. He thinks the safety of his children is more of a priority than the value of any home in the neighborhood. • Derrick Hankerson, 746 SW 3`d Street, Dania Beach, Chairman of the Neighborhood Improvements Advisory Board, advised everyone of the mission of the committee. The next meeting will be tomorrow night in the Conference Room at City Hall and he invited everyone to attend. Commissioner Bertino remarked he wanted the City Manager to contact the County to find out if they are willing to install some type of alternate buffer area in Melaleuca Gardens. Commissioner Anton agreed with Commissioner Bertino and suggested working with Broward Beautiful. 7. Consent Agenda Items removed from Consent Agenda: 7.1, 7.2, 7.3, and 7.4. 7.1 Minutes Approve minutes for Budget Workshop of August 1, 2005 Approve minutes for Special Meeting of August 4, 2005 Approve minutes for Abatement Hearing of August 4, 2005 Approve minutes for Regular Commission Meeting of August 9, 2005 • Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,August 23, 2005—7:00 p.m. • Vice-Mayor Flury remarked the minutes of the Budget Workshop indicate the Commission reached consensus on a number of items and she wanted to clarify some of these items. The first item is the Per Diem Travel. City Manager Pato responded in 1987-1989 the Commission passed a flat $50 per day expense per diem which was not consistent with any IRS rules at the time. All employees use the IRS rules, except the Commission, City Manager and City Attorney because they have an extraordinary benefit the employees do not have. Vice-Mayor Flury would prefer they all live under the IRS rules. Another issue is that the salary increase for the City Manager is to come out of Contingency. She remarked the salary budget is below budget so far this year and prefers the increase come out of the salary budget. City Manager Pato agreed, but this is the input from the workshop. He indicated the increase would not come from Contingency. Vice-Mayor Flury asked if the Commissioners still had credit cards. City Manager Pato responded some Commissioners still have credit cards. He noted that he does not have a credit card. Commissioner Bertino has a City credit card, the others do not. • Vice-Mayor Flury motioned that the Commissioners not use City credit cards; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Vice-Mayor Flury commented on Human Resources moving to I.T. Parker. She thinks it is inconvenient for the City employees to go to I.T. Parker and indicated the space at the Chamber of Commerce could be used for Human Resources. Commissioner Bertino remarked the Commission agreed their office was not needed and could be used by City staff. Vice-Mayor Flury wants to keep the Commission room for her use. She suggested the Nyberg Swanson House could be used by the City Attorney. City Manager Pato noted he met with the Chamber and they expressed concerns about us moving in, primarily storage space. He commented he offered to share storage space with the Chamber provided we could separate the records. The idea was to move the City Attorney and his assistant, but the Chamber is not thrilled with the idea. The Chamber wants to use some space upstairs, but it is not available because Fire Inspection Services will occupy that space. Our Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday, August 23,2005—7:00 p.m. current lease for the Human Resources Department expires in February and HR needs to be ® relocated back into City Hall. We may need to use the Commission room also. Vice-Mayor Flury remarked there is adequate space at City Hall for Human Resources; the legal department can move to the Nyberg Swanson House. She thinks it is incumbent upon the Chamber to be receptive to sharing our house with us. Commissioner Bertino remarked the legal department should be at City Hall. Vice-Mayor Flury motioned to approve the Minutes; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Resolutions 7.2 RESOLUTION#2005-116 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING FEES FOR ENTRY INTO THE FROST PARK FITNESS ROOM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Bertino requested that waiver of fees for destitute people be included, and questioned charging Sales Tax. Kristen Jones, Director of Parks and Recreation, responded all facility rentals are charged 6% Sales Tax. She noted we would follow the same provisions as the Aquatic Complex for waiver of fees for destitute people. Commissioner Bertino motioned to approve Resolution #2005-116; seconded by Commissioner Anton. Vice-Mayor Flury questioned the fee for City employees and asked if the City had a Wellness Program to encourage employees to use the facility. She indicated this could help with our insurance rates and suggested waiving the employee fee. Vice-Mayor Flury motioned to amend the Resolution to waive the fee for City employees, excluding City Commissioners, to use the Fitness Room. Commissioners Bertino and Anton agreed to the amendment. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,August 23,2005—7:00 p.m. 7.3 RESOLUTION #2005-117 Withdrawn A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING FEES FOR FROST PARK FACILITY ROOM RENTALS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-117. Vice-Mayor Flury noted the room rentals seem high, and she does not think we will get much usage. She suggested bringing this to the Parks and Recreation Advisory Board for their review and recommendation. Commissioner Anton commented that fees should not apply to community groups. Vice-Mayor Flury noted we need to delineate which organizations do not pay. Kristen Jones, Director of Parks and Recreation, requested to withdraw Resolution#2005-117. 7.4 RESOLUTION#2005-120 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NOS. 2001-208 AND 2003-216 PERTAINING TO THE I.T. PARKER COMMUNITY CENTER ADVISORY BOARD, TO CLARIFY THE DUTIES OF THE BOARD PERTAINING TO COMMUNITY CENTER FEE WAIVER REQUESTS; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING AN EFFECTIVE DATE. • City Attorney Ansbro read the title of Resolution 42005-120. Vice-Mayor Flury remarked she is unclear as to why this is on the agenda. City Attorney Ansbro responded because Kurt Ely requested it because the I.T. Parker Advisory Board can only recommend to the Commission fee waiver requests for non-profit organizations. Vice-Mayor Flury motioned to approve Resolution 42005-120; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 7.5 RESOLUTION#2005-121 Revised Resolution A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE FIVE(5) PANASONIC"TOUGHBO OK-18"MEDICAL REPORTING FIELD DATA TABLETS IN AN AMOUNT NOT TO EXCEED TWENTY-TWO THOUSAND FIVE HUNDRED FIFTY-FIVE DOLLARS ($22,555.00) FROM INSIGHT PUBLIC SECTOR UNDER STATE CONTRACT BID NO. 250-000-03-01, BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,August 23,2005—7:00 p.m. 7.6 RESOLUTION #2005-122 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO ACCEPT A WRITTEN PROPOSAL SUBMITTED BY ZOLL DATA SYSTEMS, INC., FOR THE PURCHASE OF COMMUNICATIONS SOFTWARE TO BE UTILIZED WITH THE MOTOROLA COMMUNICATION DISPATCHING SYSTEM, IN AN AMOUNT NOT TO EXCEED FIFTY-ONE THOUSAND TWO HUNDRED DOLLARS ($51,200.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2005-125 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF ITS PROMISSORY NOTE, SERIES 2005 IN THE PRINCIPAL AMOUNT NOT TO EXCEED $1,050,000, TO REFUND THE CITY'S $650,000 PROMISSORY NOTE, SERIES 2002B AND TO PAY FOR ADDITIONAL CAPITAL COSTS IN CONNECTION WITH THE PROJECT FINANCED THEREBY AND COSTS RELATED THERETO; PROVIDING FOR THE PAYMENT OF THE NOTE FROM THE ELECTRIC UTILITY TAXES IMPOSED BY THE CITY; PRESCRIBING THE FORM,TERMS AND DETAILS OF THE NOTE; AWARDING THE NOTE TO SUNTRUST BANK BY NEGOTIATED SALE; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2005-123 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXTEND THE TERM OF THE AGREEMENT EXISTING BETWEEN STAFFING CONNECTION/ACTION LABOR MANAGEMENT, LLC AND THE CITY OF DANIA BEACH FOR THE • PROVISION OF SCHOOL CROSSING GUARD STAFFING SERVICES; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Titles read by City Attorney) 7.9 ORDINANCE #2005-027 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO ZONING; AMENDING CHAPTER 28,"ZONING",OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE 4,"DISTRICT REGULATIONS", AMENDING SECTION 4.201, "PROXIMITY OF BEVERAGE ESTABLISHMENTS TO CHURCHES, SCHOOLS"; TO CLARIFY THAT THE SALE OF LIQUOR FOR CONSUMPTION BOTH ON PREMISES AND OFF PREMISES SHALL BE PROHIBITED IF THE ESTABLISHMENT IS LOCATED WITHIN 1000 FEET OF A CHURCH OR SCHOOL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.10 ORDINANCE #2005-033 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ENFORCEMENT OF PROVISIONS OF THE CITY CODE OF ORDINANCES; AMENDING CHAPTER 2, "ADMINISTRATION"; ARTICLE IV, "CODE ENFORCEMENT BOARD" TO REVISE THE ARTICLE AND ITS PROVISIONS (SECTIONS 2-71 TO AND INCLUDING 2-89)TO DELETE REFERENCES TO THE "CODE ENFORCEMENT BOARD" AND TO SUBSTITUTE THE TERM "SPECIAL MAGISTRATE", IN CONNECTION WITH THE CODE ENFORCEMENT PROCESS USED WITHIN THE CITY, SUBJECT TO PROVISIONS FOR TRANSITION FROM THE "BOARD PROCESS" TO THE "MAGISTRATE PROCESS"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • (FIRST READING) Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,August 23,2005—7:00 p.m. 7.11 ORDINANCE #2005-034 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28 "ZONING," ARTICLE 28 "SIGNS" OF THE CODE OF ORDINANCES BY AMENDING §28.000, "PURPOSE" TO CLARIFY THE INTENT OF THE SUBSTITUTION AND SEVERABILITY CLAUSES APPLICABLE TO SIGN REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Anton motioned to approve the Consent Agenda, with the exception of Items 7.1, 7.2, 7.3, and 7.4; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION#2005-118 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AWARDING THE BID FOR JANITORIAL SERVICES FOR THE CITY OF DANIA BEACH TO PREMIERE BUILDING SERVICES, INC. AND AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE COMPANY FOR SUCH SERVICES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-118. Commissioner Bertino motioned to approve Resolution #2005-118; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 8.2 RESOLUTION#2005-119 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AWARDING A CONTRACT FOR GROUNDS MAINTENANCE TO GARDEN OF LOVE NURSERY OF SOUTH FLORIDA, INC.; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE CONTRACT WITH GARDEN OF LOVE NURSERY OF SOUTH FLORIDA, INC.; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-119. Commissioner Bertino motioned to approve Resolution #2005-119; seconded by Vice- Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, August 23,2005—7:00 p.m. ® Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 8.3 RESOLUTION #2005-124 A RESOLUTION OF.THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH AVMED HEALTH PLANS TO PROVIDE A SELF- FUNDED OPEN ACCESS POS PLAN TO ELIGIBLE EMPLOYEES; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2005-124. Mary McDonald, Director of Human Resources and Risk Management, advised unanimous support was received from both the General Employees and Firefighters Unions. Commissioner Bertino motioned to approve Resolution #2005-124; seconded by Vice- Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 9. Public Hearings and Site Plans 9.1 ORDINANCE 42005-031 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO ZONING; AMENDING CHAPTER 28, "ZONING", ARTICLE 5, "SUPPLEMENTARY LOT REGULATIONS", SECTION 5.22, "PERMITTED EXCEPTIONS TO HEIGHT REGULATIONS", ARTICLE 16, "INDUSTRIAL-RESEARCH- OFFICE (IRO) DISTRICT", SECTION 16.60, "AREA REQUIREMENTS", ARTICLE 18, "INDUSTRIAL- RESEARCH-OFFICE-MARINE (IROM) DISTRICT", SECTION 18.60, "AREA REQUIREMENTS", AND ARTICLE 30, "INDUSTRIAL-RESEARCH-OFFICE-COMMERCIAL (IROC) DISTRICT", SECTION 30.60, "AREA REQUIREMENTS" TO REMOVE THE REQUIREMENT FOR A FOUR-FIFTHS APPROVAL FOR ANY EXCEPTION OR VARIANCE TO THE MAXIMUM BUILDING HEIGHT RESTRICTION OF FIVE (5) STORIES OR SIXTY-TWO (62) FEET, WHICHEVER IS LESS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-031. Mayor Castro opened the Public Hearing. Bob Mikes, former Commissioner, commented he started this many years ago to provide protection to the people in the City. Ten percent of the voters signed the petition, presented it to the Commission, the Commission approved it, and it has worked for 16 years. Every major project in the City developed into better projects because of this Ordinance. He urged the Commission not to cut our quality standards. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,August 23,2005—7:00 p.m. . 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 #2005-031, on second reading; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner 13ertino Yes Mayor Castro Yes Commissioner McElyea Yes 9.2 ORDINANCE 42005-029 Continued 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. (SECOND READING) (Continued from August 9,2005) City Attorney Ansbro read the title of Ordinance #2005-029. Mayor Castro advised this would be continued until September 13, 2005 and 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 continue Ordinance 42005-029 until the September 13, 2005 City Commission meeting at 7:00 p.m.; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner I3ertino Yes Mayor Castro Yes Commissioner McElyea Yes 9.3 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. (Deferred from July 26,2005 and August 9, 2005) 9.4 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. (Deferred from July 26,2005 and August 9,2005) City Attorney Ansbro read the title of Resolution#2005-107 and Resolution#2005-106. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, August 23,2005—7:00 p.m. Attorney Rod Feiner, representing the applicant, requested a continuance of Resolution #2005- 107 and Resolution #2005-106 until the September 13, 2005 City Commission meeting. He advised they have a meeting scheduled with FDOT on Friday to resolve the driveway issue. 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 continue Resolution #2005-107 and Resolution #2005- 106 until the September 13, 2005 City Commission meeting at 7:00 p.m.; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes City Attorney Ansbro advised the remaining items were quasi-judicial hearings and swore-in all who would speak. He asked the Commissioners to disclose any communication they had on any of the applications. Commissioner Bertino wanted it known that he was contacted a long time ago before he was on the Commission. 9.5 RESOLUTION #2005-113 Withdrawn A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST BY DAVID HOUR] ON BEHALF OF VENETIAN BEACH, LLC, FROM CHAPTER 28, "ZONING", ARTICLE 6, "SUPPLEMENTARY USE REGULATIONS", SECTION 6.21, "OFF STREET PARKING", FOR PROPERTY GENERALLY LOCATED ON SW 45TH STREET AND SW 32ND AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from August 9,2005) 9.6 RESOLUTION#2005-114 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY DAVID HOURI, ON BEHALF OF VENETIAN BEACH, LLC, FOR PROPERTY GENERALLY LOCATED AT SW 45TH STREET AND SW 32ND AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (Continued from August 9,2005) City Attorney Ansbro read the title of Resolution 42005-113 and Resolution #2005-114. He withdrew Resolution #2005-113 because it is no longer required because of new legislation adopted by the Commission. Sue Delegal, Attorney representing the applicant, advised the project would include 40 townhouses, 20 penthouses, and 154 parking spaces. A reduction in the pervious area is required, and an allocation of five reserve units. The project will include a pool, clubhouse and putting green. Royal Palm Trees will be relocated on the property and a Park Impact Fee of $218,204 will be made in lieu of dedication of .36 acres for park space on the property. The building will be white with a blue contrast and should be an enhancement to the area. Covenants Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday, August 23,2005—7:00 p.m. • will be recorded in the public records that the units will be subject to condominium ownership only, and it will prohibit live-aboards on the six slips. The Condominium documents provide language regarding disclosure of the existence of the South Runway and the potential impacts there; also that rental of any unit that is owned cannot be to more than one tenant per year. The live-aboard provision is included in the documents; soundproofing provisions that have been placed on the Site Plan are also in the condominium documents; and also that while the project is undergoing sale the unsold units cannot be leased but must remain developer owned until they are sold. The units will range from $400,000- $600,000 and will be three and four bedroom units. Mayor Castro opened the Public Hearing. Jay Field commented he lives near the project and is concerned about the lighting. He wants the lighting to be directed downward and wants it in writing. He assumed a new seawall would be installed and boats would be docked parallel to the seawall. He indicated it is a City policy to encourage ownership and not rentals; he wants to insure the units are not flipped. He went on to complain the dumpsters on 37t" Avenue are completely exposed, and this would be a good time to upgrade the whole street. Attorney Delegal responded the lighting has been addressed to direct the lighting into the project, and has met the approval of staff. The six boat slips are parallel to the seawall and will not extend beyond what the Code allows. A portion of the seawall will be replaced, as necessary. The dumpster issue was worked on extensively with staff and will be enclosed and landscaped. • Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearing. Laurence Leeds, Director of Community Development, advised P&Z recommended approval with conditions included in Exhibit "A". He wanted to add new language to not allow renting of units during construction or while waiting for sales. He indicated the Park Impact Fees may change pending the adoption of the new Park Impact Fees. He also wanted to add a new condition for the applicant to provide a lighting plan showing the design of the lighting fixtures, poles and cowls. Attorney Delegal advised the applicant agrees to all conditions. Commissioner Bertino motioned to approve Resolution #2005-114, with conditions in Exhibit "A", and the seventh condition added by Mr. Leeds; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday, August 23,2005-7:00 p.m. • 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton thanked everyone for their support, sympathies, prayers and good wishes that he and his family received during the passing of his mother-in-law. He mentioned the airport protest meeting that was held last week and thanked everyone involved. He addressed the tree issue in Melaleuca and advised that he was the Commissioner who sent the e-mails that Bob Mikes referred to in his earlier remarks. He noted there was a safety issue because the Pine Trees were wrapped in the power lines which is the reason the tree cutting stopped until FP&L gets a crew out to cut them. He has discussed a Broward Beautiful grant and requested assistance from the City Attorney to work with the County to replace the trees that were removed. He noted Pine Trees are a nuisance tree because they are not stable in the wind and will topple over. He stated there was no conspiracy in this and the Mayor was not on the Commission when this happened. He commented the BSO is doing something on 2nd Avenue and needed to continue selective enforcement in the area. Mayor Castro commented she attended a birthday party at the DiDona residence and was asked to assist them in removing the trees. She helped him personally, not as a member of the homeowner's association, and she had not been elected to the Commission. The trees are entangled in the wires and it is a safety issue. She loves trees but believes in having a backyard where children can play safely. 10.2 Commissioner Bertino Commissioner Bertino attended the airport rally and it was heartening to see the people come together. He attended the FLC Convention and was impressed with WI-FIing our City, which would enable low income people to get on the internet. He noted this is important for the children and asked the City to look into this. He indicated the Police could use cameras in high crime areas which would be provided to the City for free. 10.3 Commissioner McElyea Commissioner McElyea commented the trees in Melaleuca were in the powerlines. He asked about the FP&L issue on Federal Highway. Dominic Orlando, Director of Public Services, responded the sensors on Federal Highway are being looked at by Florida Electric. A light fixture will be addressed on NW 8t" Avenue. Mayor Castro asked if we could invite an FP&L representative to come in and address the issues. City Manager Pato will invite Lynn Shattus. • Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, August 23,2005—7:00 p.m. 10.4 Vice-Mayor Flury Vice-Mayor Flury thanked the City Clerk for bringing the City's records into compliance. She requested we keep all airport records that Bob Mikes had accumulated. She commented the Code Enforcement Board process would change in October. She wants special recognition for the Board, especially Richard Bettor. She suggested the Special Magistrate hold two meetings per month, and suggested we have an amnesty program in order to start with a clean slate. Laurence Leeds, Director of Community Development, responded we do not plan to have two Special Magistrate meetings per month. If needed, and the Budget for overtime and additional legal fees are available, then we may have two meeting. He does not currently see a need for two meetings per month. He indicated it is a legal and policy decision of the Commission if an amnesty program is used. City Manager Pato commented he would look into it and bring information forward. He suggested the Commission consider how they handle abatement hearings, and suggested they may no longer be required and cases could be handled during a regular meeting. City Attorney Ansbro advised abatement requests could be handled at regular meetings. The Code Board recommends abatements to the Commission, and the Special Magistrate would make the same recommendation; only the Commission can approve abatements. The City Commission will hire the Special Magistrates. • Mr. Leeds advised there would be a transitional period with both the Code Board and the Special Magistrate operating at the same time for at least three to six months. 10.5 Mayor Castro Mayor Castro advised she attended the FLC Conference and brought back a lot of information to share with the City Manager. She would like to schedule a CRA Workshop before the next Commission meeting. She advised she received a petition to keep the Pier Restaurant open and it is available in the City Clerk's office. She suggested not charging people for admittance to the Pier during the first few months it is open in order to encourage people to return to the pier. 11. Discussion and Possible Action 11.1 Discussion of Bus Bench colors—City Attorney Tom Ansbro City Attorney Ansbro distributed the color charts for the Commission to review because he did not receive consensus from the Commission. Commissioners Bertino and McElyea had no problem with the colors. Vice-Mayor Flury remarked the City will look like a circus if these colors were used. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday, August 23,2005—7:00 p.m. • Scott Martin, Martin's Outdoor Advertising, advised the ads are digital images and the colors blend. They are concerned with companies that want to advertise and cannot receive corporate funds because they cannot use the corporate colors. Commissioner Anton personally does not have a problem with the colors. He noted logos should use logo colors, but cautioned that we want the advertising to look professional. He hopes we can depend on their judgment to not let this get out of control. Vice-Mayor Flury remarked all the colors would be used and she is concerned about the City. She remarked the benches are a mess, they are moved every day; they are not repaired if damaged; and the City is filthy and the bus benches are not helping. 11.2 Update on new Fire Station—Fire Chief Ken Land Fire Chief Ken Land reported the City Manager asked him to provide an update on the status of the Fire Station. He advised Robert McDonald, architect for the project, has been paid $30,000 since 1999 and is currently working on the project. He thinks we will see some movement on the project, and noted the plat is at the County. The BSO plan was given to the architect and he is incorporating it into the design. They are addressing the citizens concerns and are changing the front of the building which will affect the site plan. They are setting up community meetings to meet with the residents. ` 11.3 Request for Motion to take funds from Contingency for repairs to City Hall roof— Public Services Director Dominic Orlando Dominic Orlando, Director of Public Services, advised the City Hall roof leaks and requires repair. He has obtained three quotes and the lowest is $13, 800. Vice-Mayor Flury motioned to approve the transfer of$13,800 from Contingency to repair the City Hall roof; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 12. Appointments 12.1 Airport Advisory Board (15 Members—3 per Commissioner—2 Year Term) Commissioner Bertino— 1 appointment Commissioner McElyea— 1 appointment Vice.-Mayor Flury— 1 appointment • Commissioner Bertino appointed Pamela Swanson. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday, August 23,2005—7:00 p.m. • Commissioner McElyea appointed Clive Taylor. Commissioner Anton motioned to approve the Board appointments; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes 13. Administrative Reports 13.1 City Manager City Manager Pato asked Public Services Director Dominic Orlando to update the Commission on the status of the 5`" Avenue light. Mr. Orlando reported we received a proposal from Kimley Horn and Associates to determine the location of the mast arm, perform subsoil investigations on the foundation design, and design the arm for $14, 500. This is strictly the engineering. City Manager Pato advised we have the funds set aside for the light. We finally succeeded in . getting FDOT to issue a temporary permit. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk—Reminders Wednesday, August 24, 2005 — 3:00 p.m. —Budget Workshop Tuesday, September 13, 2005 — 7:00 p.m. —Regular City Commission Meeting Wednesday, September 14, 2005 —7:00 p.m. —First Public Hearing for the FY 05/06 Budget Thursday, September 15, 2005 —6:00 p.m. —Abatement Hearing Wednesday, September 21, 2005 —7:00 p.m. — Second Public Hearing for the FY 05/06 Budget Tuesday, September 27, 2005 —7:00 p.m. —Regular City Commission Meeting • Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,August 23,2005—7:00 p.m. • Adjournment Mayor Castro adjourned the meeting at 9:32 p.m. CITY OFDANIIA BEACH _ATTEST: ANNE CASTRO f ; MAYOR-COMMISSIONER LOUISE STILS CITY CLERK Approved: September 27, 2005 Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,August 23,2005—7:00 p.m.