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HomeMy WebLinkAbout2005-11-22 Regular City Commission Meeting Minutes MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, NOVEMBER 22, 2005 — 7:00 P.M. 1. Call to Order Mayor Castro called the meeting to order at 7:01 p.m. 2. Invocation and Pledge of Allegiance Reverend Timothy Shellman, St. Ruth Missionary Baptist Church, gave the invocation and all remained standing for the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Anne Castro Vice-Mayor: Patricia Flury Commissioners: Bob Anton • John Bertino City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson Absent: Commissioner: C.K. McElyea Commissioner Bertino motioned to excuse Commissioner McElyea from tonight's meeting; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Absent 4. Presentations and Special Event Approvals 4.1 32°d Year Community Development Block Grant (CDBG) Presentation — Bonnie Temchuk Bonnie Temchuk, Assistant to the City Manager, advised CPTED studies were completed in September of seven areas within the City that were found to be eligible for CDBG funding. The studies included street lighting, traffic calming, drainage, sidewalks, beautification and signage needs. Staff recommended focusing on Census Tract 804.03, Block 2, to provide 69 street lights in a two phase project. The estimated costs are $390,390 for Phase I, and $224,400 for Phase II. It was proposed that funding be obtained through CDBG funds and the Neighborhood Improvement Bond. The design of Phase I would begin in November 2006 and installation would be completed between June and October 2007. Phase II would be completed between November 2007 and June 2008. The Commission discussed that they preferred to have concrete poles for the street lights even if it means installing fewer poles over a longer period of time to complete the project. Mayor Castro opened the Public Hearing. Derrick Hankerson, 746 SW P Street, Chairman of the Neighborhood Improvement Advisory Board, indicated the Board does not object to the use of funds for this project. He noted the decision would ultimately be made by the City Commission. Seeing as there was no one else to speak in favor or opposition, Mayor Castro closed the Public Hearing. Vice-Mayor Flury thinks there needs to be flexibility in the Bond money, over and above what the Neighborhood Improvement Advisory Board recommends. She would like to have the engineering completed in advance of the proposed dates so this project could move forward. Ms. Temchuk will change the language of the resolution to reflect the desire of the Commission. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Joe Van Eron, 1500 SW 2nd Avenue, commented on the article in the Miami Herald about the City's Eminent Domain resolution. He asked the Commission to consider opening the CRA meetings to the public. He thanked the Commission for allowing staff to move forward with the Intersection Modification by bringing it forward as a discussion item on tonight's agenda. Annette Hibbits, 26 SW 11'h Street, does not like what is happening in her neighborhood. She stated seven streets in her neighborhood have been closed and they are forced to drive in alleyways. She commented there is no room for Fire trucks to come down the street and the Police are always parked at the end of the street. Derrick Hankerson, 746 SW 3`d Street, is concerned that any street closure in Dania Beach Heights or Triangle Village could negatively impact the neighborhood due west. He is Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,November 22,2005—7:00 p.m. concerned with the additional traffic that would be directed to his neighborhood if there is a street closure. Commissioner Anton clarified he met with staff and everyone agreed there is a problem along SW and SE 2°d Avenue. A solution to the problem was to surveyy the traffic prior to doing anything, and put in a temporary diamond-shaped obstruction on 2° Avenue at Sheridan Street that will stop the eastbound left turn on 2nd Avenue. From 2❑d Avenue you will be able to exit and go west on Sheridan Street and be able to enter 2nd Avenue from westbound on Sheridan Street if you are coming from the east. They are also checking to see how much traffic would be diverted to 15th Street; there was discussion about making 15th Street a one-way. This is a temporary experiment to address the traffic problem on 2nd Avenue. He indicated the traffic problem on 2nd Avenue is due to Federal Highway. Mr. Hankerson suggested the traffic survey include Phippen Waiters Road because he has witnessed several accidents and is concerned for the safety of the people who live along this corridor. 7. Consent Agenda Items added to Consent Agenda: 97.5 Items removed from Consent Agenda: #7.3 • 7.1 Minutes Approve minutes of Rescheduled Regular City Commission meeting of October 25, 2005 Approve minutes of Regular City Commission meeting of November 8, 2005 Resolutions 7.2 RESOLUTION#2005-179 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO THE NEIGHBORHOOD IMPROVEMENTS ADVISORY BOARD; AMENDING RESOLUTION NO. 2005- 085 WHICH CREATED THE BOARD TO SPECIFY THAT ANY BOARD MEMBER WHO MISSES TWO BOARD MEETINGS WITHOUT EXCUSED ABSENCES WILL BE REMOVED FROM THE BOARD; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION#2005-185 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE 8" PVC PIPE WITHOUT COMPETITIVE BIDDING OR ADVERTISEMENT FOR BIDS FROM HUGHES SUPPLY, IN AN AMOUNT NOT TO EXCEED $63,700.00 IN FISCAL YEAR 05/06, UNDER THE HUGHES PROPOSAL OF OCTOBER 11, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • City Attorney Ansbro read the title of Resolution#2005-185. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,November 22,2005—7:00 p.m. • Vice-Mayor Flury wanted her comment on the record because this expenditure is without bidding and she is never in favor of spending this amount of money without competitive bid. Vice-Mayor Flury motioned to approve Resolution #2005-185; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Absent 7.4 RESOLUTION #2005-178 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AS DESCRIBED BY THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY BY GIFT, PURCHASE OR EMINENT DOMAIN; PROVIDING FOR CONFLICTS,FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Addendum 7.5 RESOLUTION # 2005-186 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 AREAS FOR CONSIDERATION AS AN ENTERPRISE ZONE; DEFINING THE AREAS THAT EXHIBIT EXTREME AND UNACCEPTABLE LEVELS OF POVERTY, UNEMPLOYMENT, PHYSICAL DETERIORATION AND ECONOMIC DISINVESTMENT; FINDING THE MEANS OF REHABILITATION, CONSERVATION OR REDEVELOPMENT OF SUCH AREAS; FINDING THAT IT IS NECESSARY FOR THE PRIVATE SECTOR TO INVEST ITS OWN RESOURCES TO BUILD OR REBUILD THE ECONOMIC VITALITY OF THE AREAS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE Commissioner Bertino motioned to approve the Consent Agenda, with the addition of Item #7.5, and the exception of Item #7.3; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Absent Mayor Castro thanked Larry Leeds, Lou Ann Cunningham, Clare Vickery and City Attorney Tom Ansbro for their work on the Enterprise Zone application. 8. Bids and Requests for Proposals There were no proposals at this meeting. • Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,November 22,2005—7:00 p.m. i 9. Public Hearings and Site Plans 9.1 ORDINANCE 42005-041 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. (SECOND READING) (Continued from October 8,2005) City Attorney Ansbro read the title of Ordinance #2005-041. He noted the purpose is to make City Law correspond with State Law. 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 #2005-041, on second reading; seconded by Vice-Mayor Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Absent City Attorney Ansbro noted the remaining items were quasi-judicial matters and swore-in all who would speak. He asked the Commission to disclose any communications they may have had on any of the matters. 9.2 RESOLUTION#2005-180 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JODY OBERTHOLTZER, REPRESENTING WHB HOLDINGS, LLC, FOR PROPERTY LOCATED AT 3013 RAVENSWOOD ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-180. Ralph Tate, Gus Carbonell Architects, spoke for Mr. Obertholtzer. This is 45,000 square feet of office/warehouse buildings. He noted they addressed all the issues raised at the P&Z meeting and presented an updated rendering of the east elevation. Laurence Leeds, Director of Community Development, advised this is an industrial warehouse complex and staff 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. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,November 22,2005—7:00 p.m. Commissioner Bertino motioned to approve Resolution #2005-180; seconded by Vice- Mayor Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner MMcElyea Absent 9.3 RESOLUTION 42005-181 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ZONING APPEAL REQUEST SUBMITTED BY ELIAS ZELMAN PERCHIK, ON BEHALF OF THE OWNER REAL ESTATE DEVELOPMENT I, LLC., FOR PROPERTY GENERALLY LOCATED AT 4716 AND 4732 SW 32 AVENUE, DANIA BEACH;PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-181. Ralph Tate, Gus Carbonell Architects, spoke on behalf of Watercolor Development. The request is to renew the site plan for a ten unit townhouse development that received final site plan approval on October 28, 2003. The plans were completed and submitted to the City; review of the plans was finalized in March 2004, but they could not submit them until DPEP approved the sewer and lift station. The lift station is what delayed the project due to the purchase of additional property for easements as requested by Broward County. • Laurence Leeds, Director of Community Development, advised the property is west of Ravenswood Road and construction of the lift station is under Broward County Office of Environmental Services. The applicant did submit working construction drawings, but he got involved in an issue with the lift station and extended the process. He noted this is a good project with a unique set of circumstances and asked the Commission to take this into consideration. He questioned if this was the same original owner or if the property had been flipped. Mr. Tate responded they did not realize the site plan has expired until they came in to pull the permit. The owner is the same person, it did not change. Oscar Grusallas, CPA, advised they needed to purchase additional land and it took longer to obtain financing. They also needed to determine if they could move the lift station to the proposed location. He acknowledged that they should have applied sooner, but they could not help it. They would like to move forward with both Phase I and Phase II and have invested over two million dollars in this project. He noted the Developers Agreement with the County for water and sewer service was signed in June 2005 and expires in February 2006. Elias Perchik, owner of the development, spoke through a translator. He stated it was an oversight on their part and they do want to continue with the project. He currently has 20 projects in Dania, Hollywood and Ft. Lauderdale. He noted he is a developer, not a speculator and will complete the project. They need a four month extension. • Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,November 22,2005—7:00 p.m. • Mayor Castro opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Mr. Leeds suggested a five month extension because staff is extremely busy due to the hurricane. Commissioner Anton motioned to approve Resolution #2005-181 for a 5 month extension provided it is only for this developer; seconded by Vice-Mayor Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Absent 9.4 RESOLUTION #2005-182 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY JOCYLEN LUMMIS, PROPERTY OWNER, FROM CHAPTER 28, "ZONING", FOR PROPERTY GENERALLY LOCATED AT 809 NW IOT" AVENUE, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2005-182. Mark Kelley, husband of the applicant, noted they need to expand their residence and intend to remain in Dania Beach. They plan to replace the existing carport and bring an extension to the side. The second variance is for a second floor addition and an air conditioner to service this area. The air conditioner would be replaced by two smaller units in the existing location in the side yard. He noted they received no negative comments from their neighbors. Corinne Church, City Planner, commented this is an existing house that needs to meet today's codes. She noted the P&Z Board recommended approval of the variances. 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 Resolution #2005-182; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Absent 10. Commission'Comments 10.1 Commissioner Anton Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,November 22,2005—7:00 p.m. Commissioner Anton commented the Public Information Channel has the wrong address for City Hall and asked that staff correct the problem. He wished everyone a Happy Thanksgiving. 10.2 Commissioner Bertino Commissioner Bertino commented Linda Saco contacted him regarding the Dania Cut-Off Canal. Trees were knocked over during the storm and are blocking the waterway. Commissioner Anton commented it is County waterway and he forwarded the information to Chief Cowart and County Commissioner Rodstrom. Commissioner Bertino commented we need to look along the canal because trees have been undercut and may fall. He suggested grant funds from the Boat Improvement Fund could be used to clean up the canal. He wished everyone a Happy Thanksgiving. 10.3 Commissioner McElyea Commissioner McElyea was absent from this meeting. 10.4 Vice-Mayor Flury Vice-Mayor Flury was upset because tonight's meeting was not televised and asked if we could . film and televise the meetings at a later date. City Manager Pato responded we are responsible for the taping; he will ask Comcast to re-run the meeting at another time. Vice-Mayor Flury would like an update on the 109 Park project in the future. Laurence Leeds, Director of Community Development, advised the project was approved by variance, which is only good for one year; it will expire in February or March of 2006. He will ask the developer to come to the December 131h meeting. Vice-Mayor Flury thanked staff for their hard work after the hurricane. She thinks we need to let people know when City pick-up will be concluded because they are beginning to take advantage of the situation. She wished everyone a Happy Thanksgiving. Dominic Orlando,Director of Public Services, responded they will make a final pass the Monday after Thanksgiving. 10.5 Mayor Castro Mayor Castro noted she has been working with City staff and meeting with County Commissioner Rodstrom on our infrastructure grant application. The County is developing a process and we need to meet with the Urban Planning Group to express our desire for a grant as ® opposed to a loan. She asked the Commissioners to reach out to our lobbyists to get our Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,November 22,2005—7:00 p.m. Enterprise Zone application approved. The Friends of the Library requested signs along Federal Highway and Dania Beach Boulevard and we thought we would include them together with others. There is a 90-120 day delay for signs because of the hurricane. She commended all staff for their work on hurricane restoration efforts; staff worked diligently and unselfishly and we should be proud of our City staff. She wished everyone a Happy Thanksgiving. 11. Discussion and Possible Action 11.1 Discussion of Intersection Modification for Sheridan Street and SW 2nd Street, including funding—City Manager City Manager Pato commented a CPTED study was conducted in 2004 for the Dania Beach Heights area. In November 2004, our consultants projected a total cost of$192,500 for all traffic calming throughout the study area. Today's cost would be over $306,000. He presented three options: one is for the area east of Federal Highway only and would cost $111,510 with two raised intersections and two chicaines on SE 2"d Avenue. The area west of Federal Highway would be $195,143 to remove the three speed humps, create a traffic circle, raise two intersections and do one partial traffic modification. The recommended option is for SW 2nd Avenue and Sheridan Street only, for a partial intersection modification costing $23,895. The timeline is 4 weeks for FDOT permitting, 4 weeks for Broward County permits, 1 week for pre- monitoring, 1 day to install barrels, 1 week for post-monitoring and 2 weeks for a summary report. The project could begin after the first of the year if we are successful in obtaining FDOT permits. The actual design of the permanent structure would ultimately be approved by the Commission, but it would not prevent traffic from coming across Sheridan Street and traveling north. Westbound turn only to the southbound traffic on 2nd Avenue, but westbound traffic on Sheridan Street would be able to turn north. He noted we do not know if it will reduce volume. Vice-Mayor Flury motioned to go forward with the 2"d Avenue modification for BSO to do the traffic study prior and post, including Phippen Waiters Road,with the funding to come from the Bond money; seconded by Commissioner Bertino. City Manager Pato clarified the $23,895 cost does not include engineering. This will not be barricades because we have to allow clearance for the fire trucks to mount the curb. The Engineering cost is over $5,000. Commissioner Bertino asked for clarification of the roads involved. BSO Chief Bryan Cowart responded SW 2"d Avenue; south and north of SW 151h Street; and Phippen Waiters Road. Mayor Castro commented when the medians go down Federal Highway it may create a jam, and maybe we can convince FDOT to conduct a study of US 1. The motion carried on the following 4-0 Roll Call vote: • Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,November 22,2005—7:00 p.m. Commissioner Anton Yes Vice-Mayor Flury Yes Commissioner Bertino Yes Mayor Castro Yes Commissioner McElyea Absent 11.2 Discussion of Mobile Homes and Recreational Vehicles as Temporary Housing in Single Family Zoning Districts—Community Development Laurence Leeds, Director of Community Development, commented we received inquiries from people who applied to FEMA to place a temporary trailer on a lot for up to 18 months. FEMA will check on you monthly to insure you are actively working on your house or finding an alternative place to live. The requests are for family in to move into a temporary trailer on property in Dania Beach. He does not want this to become a permanent situation because it would develop long-term zoning issues. Vice-Mayor Flury remarked it is okay for Dania Beach residents only; not for anyone else, and the house must be uninhabitable. Commissioner Anton agreed with Vice-Mayor Flury. He does not want family members to move into the trailers. He suggested using vacant land near the airport as a temporary site for mobile homes. Mayor Castro commented Ravenswood residents should be allowed to relocate to relatives with property in Dania Beach. She questioned how they could rebuild to the new Building Code. Mr. Leeds advised 40-50 mobile homes were significantly damaged by the hurricane; and less than a dozen single family homes have been destroyed. Commissioner Anton suggested we provide leeway to allow residents to be temporarily located with family or friends in Dania Beach. City Attorney Ansbro commented if they are not Dania Beach residents, it should not be done. Vice-Mayor Flury suggested it be limited to the home of the resident, but to give Mr. Leeds the flexibility to use his own judgment. 11.3 Update on Fire Station 93 —Fire Department Fire Chief Michael Cassano commented December 12 is the date they plan to present the site plan, landscape plan and building appearance package to the Commission. They will meet with residents in the area to address their issues, and have modified the site plan to address issues raised in 1999. The site plan will be presented to the P&Z Board in February, and should come before the Commission in March. We would like to complete the project by August 2007 and keep the project in line with the Bond. The Commission consensus was to move forward as quickly as possible. • Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,November 22,2005—7:00 p.m. Laurence Leeds, Director of Community Development, commented we need to start construction drawings as soon as possible because of the sewer issue. He indicated we would move as quickly as possible. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Pato thanked staff for their extraordinary work after the hurricane. He informed the Commission that he is authorizing two bonus days for a handful of employees as a token of appreciation. He asked the City Attorney to address the change in attorneys at Weiss Serota which may impact our ability to use a Land Use attorney. 13.2 City Attorney City Attorney Ansbro advised Nancy Stroud has left the firm and has opened a firm in Boca Raton. Weiss Serota will allow her to continue to do work for the City, and she will need to make a proposal to the City. He recommended appointing her as Special Counsel and he will bring a recommendation forward at the next meeting. 13.3 City Clerk—Reminders Tuesday, November 22, 2005 — CRA Meeting immediately following the City Commission Meeting Tuesday, December 13, 2005 —4:00 p.m. —Executive Session - General Employees Pension Plan Tuesday, December 13, 2005 —7:00 p.m. —Regular City Commission Meeting 14. Adjournment Mayor Castro adjourned the meeting at 9:26 p.m. CITY OF DANIA BEACH ATTEST: ANNE CASTRO MAYOR-COMMISSIONER LOUISE,STILSON '`\:CITY CLERK Approved: December 13, 2005 Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,November 22,2005—7:00 p.m.