Loading...
HomeMy WebLinkAbout2005-10-25 Regular City Commission Meeting Minutes- Rescheduled for November 8, 2025 4pm MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, OCTOBER 25, 2005 - 7:00 P.M. RESCHEDULED FOR TUESDAY, NOVEMBER 8, 2005 - 4:00 P.M. 1. Call to Order Mayor Castro called the meeting to order at 4:04 p.m. 2. Invocation and Pledge of Allegiance Father Roger Holoubek, St. Maurice Catholic Church, 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 Special Event Approval for St. Maurice Catholic Church Country Fair to be held November 3-6, 2005, at 2851 Stirling Road This event was postponed due to Hurricane Wilma; the new date is December 1-4, 2005. Commissioner Bertino motioned to approve the Special Event for St. Maurice Catholic Church Country Fair; 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 4.2 Request for Waiver of Fees at I.T. Parker Community Center by Claudia Corrigan of A Child is Missing, Inc. —Kurt Ely, Chairman, I.T. Parker Advisory Board Kurt Ely, Chairman of the I.T. Parker Advisory Board, asked the Commission to waive the rental fee for A Child is Missing, Inc. Claudia Corrigan, A Child is Missing, Inc., explained the mission of A Child is Missing, Inc. The event is a Fishing Tournament which is a fundraiser for the organization and would include a party and fundraiser. The cost for admission in the tournament is $500 per vessel. Commissioner Anton motioned to waive the rental fee at I.T. Parker Community Center for A Child is Missing, Inc.; 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 Kurt Ely advised he is the Chairman of the Parks and Recreation Board and requested the City Attorney make changes to the Rules of the Board. He indicated the Board has problems with attendance and requested adding alternate positions to the Board, and also requested removal for three unexcused absences, as opposed to removal for three absences in a row. • Commission consensus was for the City Attorney to bring back a document for unexcused absences for all the Boards, except the Neighborhood Improvement Advisory Board. 4.3 Update on the 109 Park Project - Israel Kushnir Mr. Kushnir was not present at this meeting. 5. Proclamations 5.1 Proclamation honoring Bobbie Marie Watson on her retirement from Dania Beach Elementary and the Broward County School System Mayor Castro read the proclamation and Commissioner McElyea presented it to Bobbie Marie Watson on her retirement from Dania Beach Elementary and the Broward County School System. Ms. Watson thanked the Commission and read an invitation to the Celebration of Life event to be held on Friday, November 18'h at 12:30 p.m. The outside pavilion will be renamed in the memory of Carol McElyea and will be know as the McElyea Peace Pavillion. This event will be held in conjunction with their annual Tree of Life Celebration and Community Fest. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, October 25, 2005—7:00 p.m.—Rescheduled for Tuesday,November 8,2005—4:00 p.m. 6. Citizen Comments There were no citizen comments at this meeting. 7. Consent Agenda Items added to Consent Agenda: 7.11 Items removed from Consent Agenda: 7.4, 7.11 7.1 Minutes Approve minutes of General Employees Pension Board Workshop of October 11, 2005 Approve minutes of Regular City Commission meeting of October 11, 2005 Resolutions 7.2 RESOLUTION #2005-164 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM ENVIRONMENTAL REAGENTS, IN AN AMOUNT NOT TO EXCEED $25,000.00 IN FISCAL YEAR 05/06, UNDER SOUTHEAST FLORIDA CO-OP PURCHASING GROUP CONTRACT #R-2002-184; PROVIDING • FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION #2005-165 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE BULK HIGH-CALCIUM QUICKLIME FROM CARMEUSE LIME, INC., IN AN AMOUNT NOT TO EXCEED $75,000.00 IN FISCAL YEAR 05/06, UNDER THE CARMEUSE PROPOSAL OF OCTOBER 6, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2005-166 Pulled by City Attorney A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE, INDEMNIFICATION AND WORK AGREEMENT ON BEHALF OF THE CITY WITH SHERIDAN HOUSE, INC., A NOT FOR PROFIT FLORIDA CORPORATION, TO ALLOW IT TO RETAIN AN ENTRANCE GATE LOCATED WITHIN A CITY RIGHT-OF-WAY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2005-166. He requested that this item be pulled from the agenda because he is still waiting for information from the applicant 7.5 RESOLUTION#2005-170 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A WORK ORDER AGREEMENT WITH CALVIN, GIORDANO AND ASSOCIATES PERTAINING TO A CHLORINE CONVERSION SYSTEM TO INCLUDE DESIGN SERVICES IN THE AMOUNT OF$30,800.00 PROVIDING FOR CONFLICTS, FURTHER, Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, October 25,2005—7:00 p.m.—Rescheduled for Tuesday,November 8,2005—4:00 p.m. PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2005-172 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A WORK ORDER AGREEMENT WITH CALVIN, GIORDANO AND ASSOCIATES FOR LIFT STATION REHABILITATION DESIGN SERVICES; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2005-169 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A UTILITY WORK AGREEMENT ON BEHALF OF THE CITY OF DANIA BEACH WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION RELATING TO THE INTERSECTION OF STIRLING ROAD AND BRYAN ROAD; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2005-168 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING PAYMENT FOR REPAIR COSTS INCURRED PERTAINING TO CITY WELL "G"; AUTHORIZING PAYMENT OF $61,360.00 TO DIVERSIFIED DRILLING AND $20,958.35 TO GERHARDT M. WITT & ASSOCIATES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • 7.9 RESOLUTION #2005-173 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE JOINT APPLICATION WITH BROWARD COUNTY, THE CITY OF LAUDERHILL AND THE CITY OF FORT LAUDERDALE, FLORIDA FOR CREATION OF AN ENTERPRISE ZONE; PROVIDING FOR THE ESTABLISHMENT OF AN AREA FOR CONSIDERATION AS AN ENTERPRISE ZONE; DEFINING THE AREA THAT EXHIBITS EXTREME AND UNACCEPTABLE LEVELS OF POVERTY, UNEMPLOYMENT, PHYSICAL DETERIORATION AND ECONOMIC DISINVESTMENT; FINDING THE MEANS OF REHABILITATION, CONSERVATION OR REDEVELOPMENT OF SUCH AREA; FINDING THAT IT IS NECESSARY FOR THE PRIVATE SECTOR TO INVEST ITS OWN RESOURCES TO BUILD OR REBUILD THE ECONOMIC VITALITY OF THE AREA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Ordinances (Title read by City Attorney) 7.10 ORDINANCE #2005-041 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 1, "GENERAL PROVISIONS", SECTION 1-8, "GENERAL PENALTY; CONTINUING VIOLATIONS; VIOLATION AS PUBLIC NUISANCE" TO AMEND THE IMPRISONMENT TERM FROM A PERIOD NOT EXCEEDING NINETY (90) DAYS TO A PERIOD NOT EXCEEDING SIXTY (60) DAYS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Anton motioned to approve the Consent Agenda, with the addition of Item • 47.11, and the exception of Items #7.4, and #7.11; seconded by Commissioner McElyea. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,October 25,2005—7:00 p.m.—Rescheduled for Tuesday,November 8,2005—4:00 p.m. Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Yes Addendum 7.11 RESOLUTION #2005-177 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION REQUIRING GASOLINE SERVICE STATIONS TO PROVIDE EMERGENCY POWER GENERATORS TO ALLOW FOR THE DISPENSING OF FUEL AFTER DISASTERS WHICH CAUSE POWER OUTAGES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-177. Commissioner Anton requested this Resolution requiring Oil Companies to provide emergency power generators to be sent to the State and the League of Cities. He suggested if the State did not pass the legislation, perhaps the City should do something on a City level. Commissioner Anton motioned to approve Resolution 92005-177; seconded by • Commissioner Bertino. Commissioner Bertino thinks the City should pass its own ordinance for all new gas stations to install generators and for all existing gas stations to come up to code within a five year period. Commissioner Anton wants the State to pass the Ordinance first because it would have greater enforcement. 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 Commissioner Bertino motioned to move forward for all new gas stations to have generators when constructed in the City, and have everybody else come into compliance within five years; seconded by Commissioner Anton. City Attorney Ansbro will draft an Ordinance for Commission review. 8. Bids and Requests for Proposals There were no proposals at this meeting. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,October 25,2005—7:00 p.m.—Rescheduled for Tuesday,November 8,2005—4:00 p.m. 9. Public Hearings and Site Plans 9.1 ORDINANCE#2005-030 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY CREATING ARTICLE 6 "SUPPLEMENTARY USE REGULATIONS," SECTION 6.56,"LOCAL ACTIVITY CENTER(LAC)"TO IMPLEMENT THE REQUIREMENTS OF THE TRI- PARTY INTERLOCAL AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY AND BROWARD COUNTY FOR EDUCATIONAL MITIGATION FEES TO BE PAID BY RESIDENTIAL DEVELOPMENT IN THE LAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance 42005-030. Laurence Leeds, Director of Community Development, advised this is a housekeeping item required by the Broward County School Board. 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 Ordinance 42005-030, on second reading; seconded iby 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 9.2 ORDINANCE #2005-039 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO FLOOD DAMAGE PREVENTION; AMENDING CHAPTER 12, ENTITLED "FLOOD DAMAGE PREVENTION", ARTICLE I, ENTITLED "IN GENERAL", TO PROVIDE THAT CITY FLOOD ELEVATIONS FOR BOTH RESIDENTIAL AND NON-RESIDENTIAL CONSTRUCTION SHALL MEET THE BASE FLOOD ELEVATION AS SPECIFIED ON THE FLOOD INSURANCE REQUIREMENTS OF THE RATE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-039. He asked the Commission to vote against this because FEMA recommends keeping the City's current Ordinance as it is. 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 deny Ordinance #2005-039, on second reading; seconded by Vice-Mayor Flury. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday, October 25,2005—7:00 p.m.—Rescheduled for Tuesday,November 8,2005—4:00 p.m. Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McFlyea Yes City Attorney Ansbro will bring an Ordinance forward to propose a maximum elevation at a future meeting. Commissioner Bertino requested the City Attorney look into the possibility of requiring stem wall construction in the areas that are already built. 9.3 ORDINANCE #2005-040 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO SITE PLAN APPROVAL; AMENDING SECTION 8-4 OF CHAPTER 8 OF THE CITY CODE OF ORDINANCES TO CHANGE THE EXPIRATION TIME OF SUCH APPROVALS FROM 18 MONTHS TO 12 MONTHS AFTER CITY COMMISSION APPROVAL; PROVIDING THAT SUCH APPROVAL WILL AUTOMATICALLY EXPIRE UPON SALE OF THE PROPERTY UNLESS REVIVED BY APPROVAL OF THE CITY COMMISSION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-040. Mayor Castro opened the Public Hearing. Janna Loda, Attorney with Holland and Knight, noted several factors can preclude an applicant from completing a project within twelve months, including staff review and hurricanes. 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 92005-040, on second reading; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: t Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McFlyea Yes 9.4 ORDINANCE #2005-042 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING THE FUTURE LAND USE ELEMENT OF THE CITY'S COMPREHENSIVE PLAN TO ADD TO THE FUTURE LAND USE MAP THOSE BUILDINGS DESIGNATED BY THE CITY COMMISSION AS HISTORIC BUILDINGS, WHICH BUILDINGS INCLUDE THE NYBERG-SWANSON HOUSE AT 102 WEST DANIA BEACH BOULEVARD; THE DANIA WOMAN'S CLUB AT 117 NW I" AVENUE; THE BANK OF DANIA AT 2 SOUTH FEDERAL HIGHWAY; THE DANIA BEACH HOTEL AT 180 EAST DANIA BEACH BOULEVARD; THE HOTEL POINCIANA AT 141 NW I" AVENUE; THE MARTIN C. FROST RESIDENCE AT 400 SOUTH FEDERAL HIGHWAY; THE ART J. RYAN HOUSE AT 215 SW 6`h STREET; A PRIVATE RESIDENCE AT 101 SE 2"d STREET; THE OCEAN WATERWAY MOBILE HOME PARK OFFICE BUILDING AT 1500 WEST GRIFFIN ROAD; AND THE CRUDUP-HANSEN HOUSE AT 38 SW 5`h STREET, ALL OF WHICH ARE LOCATED IN THE CITY; Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, October 25,2005—7:00 p.m.—Rescheduled for Tuesday,November 8,2005—4:00 p.m. PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR'AN 10 EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance 42005-042. Laurence Leeds, Director of Community Development, advised these are local historic designations and recommended approval. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Anton motioned to approve Ordinance 92005-042, on first reading; 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 matters and asked the Commission to disclose any communication they may have had on these matters. 9.5 RESOLUTION #2005-167 • A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY PROPERTY OWNER DOREEN BARTLEY, FROM CHAPTER 28, "ZONING", ARTICLE 4, "DISTRICT REGULATIONS", "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR VACANT PROPERTY LOCATED AT 250 SW 4 STREET, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2005-167. John Bartley, 201 SE 2nd Avenue, noted the houses on each side of the proposed house are at five feet and he is proposing to build at five feet six inches. He indicated water runoff would not be a problem because he will use stem wall construction on this house. Corinne Church, City Planner, advised this is the only vacant lot in this area and is only forty seven feet wide. The Planning & Zoning Board recommended approval provided staff comments were addressed. She noted all staff comments have been met. Laurence Leeds, Director of Community Development, advised the abutting homes are at a five foot setback and were constructed with different zoning requirements. He does not recommend approval. Vice-Mayor Flury does not think it is fair to the neighbors to squeeze in a big house. Mr. Bartley noted it would be difficult to have a two car garage with a seven foot setback. He stated he owns the house on the side of this property. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, October 25,2005—7:00 p.m.—Rescheduled for Tuesday,November 8,2005—4:00 p.m. • Commissioner McElyea does not approve of jamming a house in there and asked why a stem wall was required. Mr. Bartley responded it was not necessary. He noted he has ten lots and is constructing very nice houses with impact windows that will sell for $350,000. Commissioner Bertino remarked the neighbors do not have a problem and this is upgraded housing compared to other houses in the neighborhood. This is a positive step and increases property value and brings about the possibility of knock down houses at a quicker pace. Mayor Castro commented the width of the lot creates the hardship for the development and this is a reasonable request. Mayor Castro opened the Public Hearing. Tim McLeod, 261 SW 41h Street, commented this is a plus to the neighborhood and recommended approval. Faye Bartelmes spoke in favor of the project. Midge Fisher, 318 SW ls` Avenue, approved of the project and stated it would be an asset to the community. Gloria McLeod, 261 SW 4th Street, spoke in favor of the request. Annette Hibbetts, 26 SW 111h Street, commented the zoning changed in her area and has made her property non-conforming and has devalued her property. She wants the Commission to look into things before approving them. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearing. Commissioner Bertino motioned to approve Resolution #2005-167, Variance Request; 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 9.6 RESOLUTION #2005-174 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY TRIVIUM AT MARINA MILE, LLC, ON BEHALF OF PROPERTY OWNER HUGH MCCAULEY FROM CHAPTER 28, "ZONING", ARTICLE 6.20, "SCHEDULE OF OFF-STREET PARKING REQUIREMENTS"; FOR PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF STATE ROAD 84 AND SW Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, October 25,2005—7:00 p.m.—Rescheduled for Tuesday,November 8,2005—4:00 p.m. 26TH TERRACE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.7 RESOLUTION #2005-171 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY TRIVIUM AT MARINA MILE, LLC, ON BEHALF OF PROPERTY OWNER HUGH MCCAULEY FOR PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF STATE ROAD 84 AND SW 26TH TERRACE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-174 and Resolution#2005-171. Janna Loda, Attorney for Holland and Knight, commented this is the same firm developing the Marina Mile Business Park. She introduced everyone involved with the project. The property is currently vacant, with the exception of a small aging building in the SW quadrant of the property. The applicant is trying to preserve the existing tree canopy by relocation and replacement of newer trees. This is a 59,000 square foot Office Complex comprised of eight low profile buildings scattered throughout the property with parking flowing throughout the site. The current plat provides for two access openings, but they are seeking to amend it to one and to have full ingress and egress at that site. A 50" caliper Live Oak Tree on the site was damaged during Hurricane Wilma and may reduce the need for the three parking space variance to one parking space. They believe they are asking for the minimum variances and requested approval. Tamara Peacock, Architect for the project, advised the tree canopy lent itself to a lower scale of architecture that gave a village-like atmosphere. There will be six cottage styled buildings and two larger buildings and will be pedestrian friendly. Chris Barton of Kimley Horn, commented the landscape plan creates a pedestrian flow from building to building. The site will be raised several feet and will have a park-like look. Laurence Leeds, Director of Community Development, noted the delegation is a housekeeping and administrative issue required by Broward County. He recommended approval of the site plan subject to final approval of the landscape plan by the Community Development Department. Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Anton motioned to approve Resolution #2005-174, Variance Request, 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 Commissioner Anton motioned to approve Resolution #2005-171, Site Plan Approval, with final approval of the landscape plan by the Community Development Department; Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, October 25,2005—7:00 p.m.—Rescheduled for Tuesday,November 8,2005—4:00 p.m. • 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 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton postponed his comments until 7:00 p.m. 10.2 Commissioner Bertino Commissioner Bertino commented on FP&L's efforts in straightening their poles. He indicated the poles in the South East section have been straightened but will come down in the next storm. 10.3 Commissioner McElyea Commissioner McElyea commented the poles behind his house will come down in the next hurricane also. 10.4 Vice-Mayor Flury Vice-Mayor Flury had no comments at this time. 10.5 Mayor Castro Mayor Castro deferred her comments until 7:00 p.m. 11. Discussion and Possible Action 11.1 Discussion of Super Boat Race to be held July 2006 —Mayor Castro Mayor Castro commented the fueling issue is a critical concern of the event because the City has an Ordinance that does not allow fueling from a truck. Commissioner Bertino questioned if we require fire protection on site. Fire Chief Land responded they are there due to the danger of the gasoline trucks in the streets. He does not want to see the fuel trucks in the neighborhoods or on the streets of Dania. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday, October 25,2005—7:00 p.m.—Rescheduled for Tuesday,November 8,2005—4:00 p.m. • Mayor Castro noted if they cannot fuel here we need to let them know as soon as possible so they can make other plans. Commissioner Bertino commented they fuel in the parking lot and no homes are in the area. He does not have a problem with it as long as the Fire Department is on site and the cost should be covered by the event. He questioned if a special foam should be brought on site. He does not want the City to lose the race. Fire Chief Land is concerned about the 9,000 gallon tanker, not the fueling of the boats. Commissioner McElyea thought we could not fuel from a small tanker in a residential area. He thinks on a one time basis, we could work with them. Vice-Mayor Flury commented it is not a permitted use and she received complaints from people in the neighborhood during the last event. She indicated Jai-Alai may not be able to provide space next year and she would not vote to agree to lift the ban. City Attorney Ansbro noted the Fire Chief is asking that this not be approved. Mayor Castro remarked they need to start looking at other alternatives and the boat races may not be in Dania Beach. 11.2 Discussion of False Alarm Ordinance—Mayor Castro • Mayor Castro noted some seniors have contacted her about the false alarm charge and requested a grace period for the first false alarm and some type of appeal process. She suggested no charge for the first two or three calls followed by a larger fee. Fire Chief Land commented some cities do not charge for the first 1-3 calls, but charge a registration fee. He feels this would be a nightmare for the Community Development Department because it is done once and year and they do not have the staff to follow up on it. Commissioner Anton was the Police Chief when the Ordinance was adopted. He noted there are no other viable options and something had to be done to discourage the false alarms. He indicated there is a mechanism in place for appeals and he feels it works very well. Mayor Castro commented the $25 fee does not recover the cost and there is no tracking mechanism. BSO Chief Cowart commented the issue is the way the current Ordinance is written. His concern is the tracking of repeat offenses and does not have the administrative staff to create the database of alarms for the past years. There has been a significant decrease in the amount of false alarms responded to since the inception of the Ordinance. He will provide the Commission with the documentation on the cost of responding to the false alarms. i Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday, October 25,2005—7:00 p.m.—Rescheduled for Tuesday,November 8,2005—4:00 p.m. • Commissioner Bertino commented we should encourage people to install security systems, not discourage them with a punitive fee. Vice-Mayor Flury remarked the Commission voted for this because Chief Anton provided data on the number of calls the BSO responded to in one month and the number of calls has reduced significantly since the implementation of the Ordinance. 11.3 Discussion of transferring City accounts from Wachovia Bank to Community Bank — Commissioner McElyea Commissioner McElyea withdrew the request until another date. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Pato had no comments. 13.2 City Attorney City Attorney Ansbro deferred his comments until 7:00 p.m. 13.3 City Clerk—Reminders 14. Adjournment Mayor Castro adjourned the meeting at 5:53 p.m. CITY �OF DANIA BEACH 1.�,_'. cv"� ATTEST: ANNE CASTRO MAYOR-COMMISSIONER LOUISE STILSON CITY CLERK Approved: November 22, 2005 Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, October 25,2005—7:00 p.m.—Rescheduled for Tuesday,November 8,2005—4:00 p.m.