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HomeMy WebLinkAbout632 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, NOVEMBER 23, 2004 - 7:00 P.M. 1. Call to Order Mayor McElyea called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Alle fiance Father Anthony Tomasulo, Church of the Resurrection, gave the invocation and all remained standing for the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: C.K. McElyea Vice-Mayor Bob Mikes Commissioners Bob Anton Robert Chunn Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Pat Tyra, Estates of Ft. Lauderdale Silver Anniversary Pat Tyra, representing the Estates of Ft. Lauderdale Property Owners Association, advised December 14, 2004 was the Silver Anniversary celebration of the Property Owners Association. They are an owner-owed mobile home park of 797 homes. She gave the history of the association. She thanked the Commission for the opportunity to share their history tonight. 4.2 Request by Frank Nieves and Santos Arroyo, Puerto Rican Fiestas Patronales and Business Expo, for permission to hold the Puerto Rican/Hispanic Chamber of Commerce Festival at Boomers Entertainment Complex on February 10-13, 2005 Laurence Leeds, Director of Community Development, advised a similar event was held last year. The applicant indicated he will comply with the requirements of the Police and Fire Departments. He advised staff recommends approval of the request. Commissioner Flury motioned to approve the request; seconded by Commissioner Chunn. City Attorney Ansbro requested the applicant sign a Hold Harmless Agreement, and the applicant agreed. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 4.3 "Adopt-A-Street"program by Dania Heights Civic Association Lisa Young, President of the Dania Beach Heights Civic Association, advised they have worked with City staff, BSO, and neighboring communities to enhance and protect the neighborhood. The City has been invited to be part of the Broward County Adopt-A-Street program. She commented they have a tremendous amount of support from the community. She gave special thanks to Fernando Vazquez, Public Services Director, and Ivan Pato, City Manager, for their support in bringing the program to fruition. Carrie Hill, Coordinator for the Broward County Adopt-A-Street Program, advised the purpose of the program is to encourage civic participation in the prevention and removal of litter • throughout Broward County. The program has been available in unincorporated areas since 1995, and has grown to include 11 cities. Volunteers must be 12 years of age and streets must be at least % mile in length; these are the only requirements. She advised the Great American Cleanup is the nations' largest annual community improvement program, and 2005 would be the 25`" anniversary of this event. They also offer a Litter Prevention and Waste Reduction. Education program, and are a member of Keep America Beautiful. She provided information packets to the Commissioners. She asked Dania Beach to join the Adopt-A-Street Program. Commissioner Flury motioned to proceed with the Adopt-A-Street Program; seconded by Commissioner Chunn. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 5. Discussion of proposed Bond Referendum Items for the March 2005 Ballot There were no proclamations for this meeting, therefore, Item #5 was changed to Discussion of proposed Bond Referendum Items for the March 2005 Ballot, in order to allow for citizen input after the discussion. City Manager Pato advised this is on the agenda because it was a request of the Commission at the Workshop held last week. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,November 23,2004—7:00 p.m. Commissioner Anton remarked the programs discussed are needed by the community. He thinks it is most important for the community to decide where the money should go. He commented Bond Issues direct the funding to a specific project. He would favor putting this on a ballot. Vice-Mayor Mikes commented his concern is that we are getting ready to spend tremendous amounts of money in the CRA, and nowhere in the process were we asking the voters for their support. His idea was not to make a new list of projects, but to get citizen input on the proposed CRA projects. Commissioner Flury asked the City Manager what he wanted to proceed with the Bond issue. City Manager Pato responded we need to resolve what questions to bring to the voters for capital improvements, parks, and neighborhood projects. He is looking to the Commission for what items to place on the Bond Referendum ballot. He is prepared to answer the Commissions' questions. He reported that he and the Finance Director have spent a lot of time researching the information in the past few days. Commissioner Chunn commented this would be a good opportunity to address promises made to people in the west. He thinks public safety is the most important issue. City Manager Pato remarked it is critical to establish an educational campaign so the voters will • understand what they are voting on. The cost of this program should be approximately $40,000- $50,000. Commissioner Anton remarked a Fire Station is a strong priority in the west; as well as lighting. He would like to see something done at the Chester Byrd Park, such as a recreation center. City Manager Palo responded the Bond items need to be beneficial to the entire City, not just one community. Commissioner Anton responded the public parks are available to the entire City, as well as lighting. Vice-Mayor Mikes asked the Finance Director for background on the City's financial commitment for the upcoming years. Patricia Varney, Director of Finance, responded the General Obligation Bond has nothing to do with any of the commitments the City has right now. She does not have the figures for total outstanding debt service, but for 2005, it is approximately$1M. Vice-Mayor Mikes does not want people to get carried away. The upcoming Commission will make significant decisions on the CRA, and he hopes the Commission does it in a reasonable fashion. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,November 23, 2004—7:00 p.m. City Manager Pato commented the City Hall expansion can be done on the current site. No property will be condemned for a new City Hall. Vice-Mayor Mikes commented the City could shrink with the airport expansion. He reminded the Commission and City Manager that we did not raise taxes, but we also did not meet the roll back rate this year or last year. He hoped everyone would be reasonable and commented the good thing would be the Bond would give us the opportunity to get more favorable financing for a longer term. Commissioner Flury would like to proceed to the next step. She remarked the City does not have money to put in sidewalks or lights, yet we are not a poor City. We want to continue to build our Reserves, but there is a lot of pressure on the City. She thinks the Bond issue is an opportunity for capital improvements that can be done over a 20-30 year period of time. If we choose to go forward with a new Fire Station in the west side of town, it would take that cost out of the CIP, giving the City some relief. She is in favor of proceeding with the next step. She suggested the City Manager identify the items and prepare a project schedule. Mayor McElyea agreed with Commissioner Flury. He advised the City had a Bond issue in the 1960s. Vice-Mayor Mikes supports the general concept, especially if we take projects out of the CIP and get more favorable financing. He cautioned the Commission that the CRA would be very expensive. Commissioner Flury motioned to proceed; seconded by Commissioner Chunn. City Manager Pato asked if the motion included spending the $40,000-$50,000 for the educational program. Commissioner Anton responded the motion is to begin to take the first step. We have not come to a decision as to what is on the ballot. City Manager Pato responded the first step is to prepare the documentation for the ballot. So, if the Commission is telling him to move forward tonight, he needs to get ready to get it on the ballot because our first deadline is December 23ra Commissioner Flury responded the question is get what on the ballot? We don't know exactly what. She commented if the City Manager would like to have a Special Meeting to confirm or finalize the list, we could do that. But, they need to know and approve what is going on the ballot. City Manager Pato passed out some notes from the list that was submitted to him. Vice-Mayor Mikes asked why they did not receive the information before the discussion. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,November 23,2004—7:00 p.m. • City Manager Pato responded because the last conversation to get these numbers was this afternoon. He will be happy to meet with each Commissioner individually, or to have a Special Meeting. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 6. Citizen Comments Kurt Ely, former member of the Charter Review Board, commented an item the Commission decided to drop from the recommendations of the Board was the yearly Internal Management Audit. He remarked this is not a money audit; it is an audit of procedures of how the City operates. He asked the Commission to consider putting it back in the Charter to be completed every five years. Vice-Mayor Mikes asked the Finance Director to address the issue. Commissioner Flury remarked it is a money issue because you have to pay for the audit. She asked if we were scheduled for public hearings for the Charter Review. City Attorney Ansbro responded he will try to have a draft ready by December 2°d. He proposed a Workshop for December 7ch Vice-Mayor Mikes remarked you only need one Commissioner, so go ahead and put it in. Shawn Jamieson, Estates of Ft. Lauderdale, spoke on the poor treatment of the community by the Property Owners Association Board members. He resides there, and owns the restaurant in the Clubhouse. He remarked on November 181h, Pat Tyra and Catherine Sajak entered the restaurant without his knowledge and took pictures of a leaky faucet. They called him to tell him they turned his water off and padlocked the valve. He corrected the leak and asked them to turn the water on, but they responded it would be turned back on when they have the time. He commented he hears a lot of complaints from members of the community, but they are afraid to complain because of retaliation from the board members. He wanted to make the Commission aware of the treatment the community receives from the Property Owners Association Board. Amir Hayun, General Partner of the Dania Beach Hotel and President of Kingdom Realty, wanted to talk about comments made by Vice-Mayor Mikes on the CRA costs. He commented the City could save approximately $5M with their project. He stated they strongly object to the City's proposal to condemn the property for redevelopment. They have spent significant time, money and resources working with the City to obtain approval for a Mixed-Use project for the 150 residential units, and approximately 10,000 square foot retail/restaurant space. They designed a beautiful project and have cleaned up a lot of the illegal activity at the Hotel in the Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,November 23,2004—7:00 p.m. S past 2 years. They attempted to purchase the adjacent property in June, but were turned down. The Site Plan was submitted to the Community Development Department in August, and they are ready to resubmit the revised plan in the next few days. He commented they fully intend to proceed with their development efforts. He stated they are dedicated to redevelop this property and strongly oppose the proposal to condemn their property for redevelopment by others. 7. Consent Agenda Item 7.3 was added to the Consent Agenda. Items 7.4 and 7.3 were pulled from the Consent Agenda by Vice-Mayor Mikes. 7.1 Minutes Approve minutes for Charter Review Workshop of October 28, 2004 Approve minutes for Charter Review Workshop of November 4, 2004 Approve minutes for Regular Meeting of November 9, 2004 7.2 Travel Expenditures: There were no expenditures presented at this meeting. Ordinances- (Title read by City Attorney) 7.5 ORDINANCE#2004-042 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY SYNALOVSKI, GUTIERREZ, ROMANIK, ARCHITECTS, INC., ON BEHALF OF DANIEL SAWICKI, REPRESENTATIVE FOR STIRLING LLC, FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF STIRLING ROAD AND SW 35 AVENUE, IN DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RESIDENTIAL MULTI-FAMILY (RM-5) AND ESTATE (E-1) TO A PLANNED UNIT DEVELOPMENT (PUD-B); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (First Reading) 7.6 ORDINANCE#2004-040 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AMENDING SECTION 22-5 OF THE CITY CODE ORDINANCES, WHICH SECTION IS ENTITLED "PAVEMENT, IMPROVEMENT AND USE OF SWALE AREAS", TO INCREASE THE TREE CLEARANCE HEIGHT TO BE MAINTAINED BY ABUTTING PROPERTY OWNERS OR TENANTS FROM TEN FEET ABOVE STREET LEVEL TO FOURTEEN FEET, TO PERMIT VEHICULAR TRAFFIC BENEATH SUCH TREES TO TRAVEL WITHOUT INTERFERENCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (First Reading) Commissioner Chunn motioned to approve the Consent Agenda, except for Items 7.3 and 7.4; seconded by Commission Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,November 23,2004—7:00 p.m. ® Commissioner Flury Yes 7.3 Motion for approval of recommendations of Human Relations Board for Bus Bench Revenue Allocations Vice-Mayor Mikes pulled this item for discussion; he has no significant objections. Mayor McElyea commented money from the Bus Bench Program is usually sent to the Chamber because most of the Bus Benches are businesses advertising within the City. He has no objection to the choices of the Human Relations Board, but thought the money should go to the Chamber as it has in the past. City Manager Pato reported last year we gave a small portion to the Chamber, for the first time. Commissioner Flury is not opposed to a small amount going to the Chamber if it is used on economic development. She commented the charities are very important and in most cases they get matching.funds. r Mayor McElyea commented they are all good charities. Vice-Mayor Mikes commented our charitable contributions are not that large. We are often asked to supply aid to county agencies that help citizens in other areas. He commented the ® Chamber of Commerce did not contribute significantly to the City's Centennial Anniversary, and he is disappointed in some of the membership of the Chamber. Commissioner Flury motioned to approve the recommendation of the Human Relations Board; seconded by Vice-Mayor Mikes. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 7.4 RESOLUTION#2004-203 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE APPROVAL OF THE PURCHASE OF COMPUTER EQUIPMENT FROM DELL MARKETING, L.P., UNDER STATE CONTRACT #250-000-03-1;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Vice-Mayor Mikes asked Bonnie Temchuk, Assistant to the City Manager, about the flat screen monitors. Ms. Temchuk responded this is the last year in the City's three-year Computer Replacement ® Plan, and we are not replacing any flat screens, only the CRTs. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,November 23, 2004—7:00 p.m. ® Vice-Mayor Mikes motioned to approve Resolution #2004-203; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION#2004-204 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH CAMP DRESSER MCKEE, INC. FOR ENGINEERING SERVICES TO BE PROVIDED TO THE CITY ON A "CONTINUING BASIS"; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Fernando Vazquez, Director of Public Services, advised this is a follow-up to the October 121h City Commission approval to enter into negotiations with Camp, Dresser and McKee, Inc. Attached is an additional Resolution to move forward with Work Order Number 1, for the construction of the 1.5 million gallon storage tank to be located at the Water Treatment Plant. Commissioner Flury asked if there was an ending date on the contract. City Attorney Ansbro responded it is left open as a matter of State Law as long as there is a mechanism to terminate the contract. Mr. Vazquez responded we anticipate five years for substantial completion of the CIP, if we move forward aggressively with the program. City Attorney Ansbro remarked we can calendar it to end in five years. He pointed out that we can terminate the contract for no reason with a 30 day notice. Commissioner Flury commented there is a section that says they will make written or verbal reports to the City Commission. She would like to see those reports on an annual basis. Mr. Vazquez responded we intend to do that. City Attorney Ansbro will add it to the contract. Commissioner Flury commented the agreement says things can be done if they are approved in advance, in writing, by the City. City Attorney Ansbro clarified it is approval of the City Commission and he will make the correction to the agreement. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,November 23, 2004—7:00 p.m. Commissioner Anton motioned to approve Resolution #2004-204; seconded by Commissioner Chunn. Vice-Mayor Mikes commented it would be helpful if we knew the overall site plan of the project. Mr. Vazquez responded the initial work order entails a Master Plan to include placement and construction of the water tank, and the logistics of the operations of the Public Works facility. City Attorney Ansbro remarked the site plan will come back for City Commission approval. City Manager Pato added what the Commission is looking at tonight is only a small part of the overall transformation of the Public Services complex. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 8.2 RESOLUTION#2004-205 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA IN CONNECTION WITH THE CONTINUING PROFESSIONAL ENGINEERING SERVICES CONTRACT FOR THE WATERWORKS CAPITAL IMPROVEMENT PROGRAM; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE WORK AUTHORIZATION NUMBER ONE WITH CAMP DRESSER & MCKEE INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR A NEW 1.5 MILLION GALLON GROUND STORAGE TANK, HIGH SERVICE PUMPS AND RELATED SITE IMPROVEMENTS INCLUDING THE DEMOLITION AND RELOCATION OF THE PUBLIC WORKS SHED-BUILDING; PROVIDING FOR CONFLICTS;FURTHER PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Fernando Vazquez, Director of Public Services, advised this is the first Work Order to move forward to provide the engineering services for the construction of the Water Tank, high-service pumps, and relocation of the Public Services shed building. Commissioner Flury motioned to approve Resolution #2004-205; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9. Public Hearings and Site Plans Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,November 23,2004—7:00 p.m. 9.1 ORDINANCE #2004-033 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 12-52 "SPECIFIC STANDARDS" OF ARTICLE III "HAZARD REDUCTION" OF CHAPTER 12 "FLOOD DAMAGE PREVENTION" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH; DELETING REFERENCES TO THE EIGHT FOOT NGVD (NATIONAL GEODETIC VERTICAL DATUM) FLOOD ELEVATION REQUIREMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Continued from October 12,2004) City Attorney Ansbro read the title of the Ordinance. Laurence Leeds, Director of Community Development, asked the Commission to continue this item until December 14, 2004. Vice-Mayor Mikes motioned to continue Ordinance #2004-033 until December 14, 2004, at 7:00 p.m.; seconded by Commissioner Chunn. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Out of room Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes City Attorney Ansbro advised the following hearings were quasi-judicial matters and swore-in all who would speak. He also asked the City Commission to disclose if they had been contacted on any of the requests. 9.2 RESOLUTION#2004-195 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY MARK KIESER, OF CRAVEN THOMPSON & ASSOCIATES, INC., REPRESENTING STEPHEN ST. CLAIR FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF NW 9T"AVENUE BETWEEN NW 3RD PLACE AND NW 3" TERRACE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (Continued from November 9,2004) City Attorney Ansbro read the title of the Resolution. Corinne Church, City Planner, advised this is the site plan component that was continued at the request of the City Commission. She stated the applicant is still requesting a sidewalk waiver along the public Right-of-Way on NW 9th Avenue; FDOT recommends the waiver be granted; and Public Services recommended a Restrictive Covenant, if the sidewalk waiver is granted. She advised that staff recommends approval of the site plan, subject to the approvals granted last week and Exhibit "A" conditions. She added a condition that utilities on the western part of the property be granted a Utility Easement. Norman Gray, Electrical Engineer, explained how lighting is designed and how it works. He explained the highest point of the light coming out of the fixtures beyond the wall in all places is virtually zero because of the shadow of the wall. A little bit of light passes over the top of the Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,November 23, 2004—7:00 p.m. ® wall and puts one-tenth of a foot candle on the ground about ten or twelve feet beyond. This is well within the Broward County lighting requirements, which the City of Dania Beach follows. The fixture is a concrete pole with metal sides and a metal top; no light goes up from the fixture itself. The only light that goes up is what goes down, hits the black surface and may bounce back up. Vice-Mayor Mikes remarked we don't know what will happen to Griffin Road. He wondered why the poles couldn't be adjacent to the FP&L structures and shine light away from them to light the area; then, there would be almost no illumination. Mr. Gray responded they have to stay clear of the poles so FP&L can access the poles with their service trucks. He commented there is no place you can get away from having light. Vice-Mayor Mikes remarked there are if you had a pole and you only had light on one side of it. He remarked they could also use a different type of light that would light away from the structure. Mr. Gray responded the requirements of the City's Illumination Ordinance are that they have a ratio no greater than twelve to one on the illumination, and they still have to meet the average and the minimum on the spill light. Laurence Leeds, Director of Community Development, remarked this is the first time we want to avoid illuminating a power line that goes through the middle of a site. Vice-Mayor Mikes told them to make modifications to get the desired effect that he wants. He does not want the community to have to look at the illuminated tower above the wall. He suggested the lighting poles that are adjacent to the towers be dropped or shaded on the side that reflects on the tower. Mr. Leeds commented that BSO wanted to provide the optimum amount of lighting. Commissioner Chunn appreciates what the Vice-Mayor is saying, but this area has been one of the areas where drugs have been smuggled into the City of Dania Beach. He remarked the lighting will be a tremendous help. He commented this was a very dangerous area. Mr. Gray commented the pole is 40' away from the wall, and is probably 40' away from the tower. The illumination at the wall is less than one foot candle, which means most of the light has already been dispersed. Vice-Mayor Mikes does not think BSO really cares if there is somebody in that tower between the height of ten and twenty feet. The first ten feet of the tower can be lit; he has a problem with the next ten feet. He remarked he is an engineer and he can figure this out. He asked that the second ten feet of the tower be shaded so that it would not be visible. Commissioner Flury asked if the lighting was offensive, could the shields be added at a later date. Minutes of Regular Meeting l l Dania Beach City Commission Tuesday,November 23, 2004—7:00 p.m. ® Mr. Leeds responded yes. He suggested adding a condition that the lights be shielded to limit the height of the tower that is visible from the lighting, and make it subject to a three or six month review. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Anton motioned to approve the request, with conditions: (1) Restrictive Covenant for the Sidewalk Waiver, (2) shading of the lights to restrict the appearance of the tower, (3) discretionary six month review, and (4) Utility Easement on the west side of the property; seconded by Commissioner Chunn. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea No Commissioner Flury Yes Mr. Leeds clarified if there is a problem with the lighting the applicant agrees to modify the cowls in six months. 9.3 ORDINANCE#2004-039 • AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 2 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "ADMINISTRATION"; AMENDING THE CODE OF ORDINANCES BY AMENDING ARTICLE IV, ENTITLED "CODE ENFORCEMENT BOARD", SECTION 2-72 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE APPLICABILITY OF THE DANIA BEACH CODE ENFORCEMENT BOARD'S CONCURRENT JURISDICTION TO HEAR AND DECIDE CASES INVOLVING ALLEGED VIOLATIONS OF SPECIFICALLY ENUMERATED CODE CHAPTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of the Ordinance. He advised this is a housekeeping matter to restore something that was inadvertently left out of a prior Ordinance. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Chunn motioned to approve Ordinance #2004-039; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,November 23,2004—7:00 p.m. • 9.4 RESOLUTION#2004-201 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING MODIFICATIONS TO THE APPROVED SITE PLAN (SP-20-01) SUBMITTED BY DOMINIC APA, REPRESENTING VICTORIA L'ORIGINALE, INC., FOR PROPERTY LOCATED AT 212 NORTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Laurence Leeds, Director of Community Development, advised the Commission approved the project a year ago and it is completed. The Commission required the concrete area in front of the building be removed and replaced with landscaping. The applicant has not completed this requirement and is requesting a modification to the Site Plan. Mr. Leeds commented that staff cannot recommend approval because the Commission asked for this requirement. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Mikes remarked we asked them to add landscaping in the front of the building and he thinks we cannot slack off on the appearance on Federal Highway. We would be setting a bad precedent if we changed our minds. Joe Kaler, 2417 Hollywood Boulevard, Hollywood, FL, architect of the project, represents the applicant on this project. He remarked the applicant has done an excellent job on the buildings. He reported a lot of the existing mature landscaping has been maintained on the property. The situation is that the parking lot is located on the side and in the back of the building. In order for customers not to walk on the only vehicular ingress and egress, they have provided a large landscape area to provide pedestrians a safe access to the front of the building. He asked if it would be possible to have people come into the front door and not landscape the area. The other reason is to allow visibility of the items in the show windows. Mr. Leeds advised the entire site has been built to code. Vice-Mayor Mikes remarked you have to make the area attractive for people to walk. He thinks the Commission made the right decision the first time and it needs to be landscaped. Dominic Apa, owner of the property, commented they voluntarily decided to beautify this building and it was never part of the original project. The big issue is there used to be a large sign facing the south wall which has been replaced by a smaller sign. He commented he would rather shut down the business than put trees and landscape in front of the glass windows, because people will have no idea what kind of business he has. He has been in the City for twenty-two years. He commented that he has seen businesses that have grass in the front and they become full of litter. He sees no other business in the City with landscaping in front of their buildings. Mr. Leeds advised the applicant was required to install shrubs and a couple of trees. He stated it was not shown on the site plan because it was not part of the project. He commented the applicant has a valid point in not putting trees up; he would support tearing out the concrete and Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,November 23,2004—7:00 p.m. • the white boxes and installing low shrubs that come up to the bottom of the window. He remarked trees would defeat the purpose of creating the appearance of activity. He would like to see most of the concrete gone, except for the concrete necessary for the walkway. Vice-Mayor Mikes remarked you could still put in more palm trees and install shrubs. Commissioner Flury commented we have to be realistic; this does not look bad, but it would look better if it was landscaped. She thinks they did a beautiful job. She suggested planters be placed on both ends of the building. Mr. Apa agreed to Commissioner Flury's suggestion of placing planters on both sides of the building. Commissioner Chunn motioned to approve (1) installation of three planter pots, with the location to be determined by Staff, and (2) to remove the white concrete blocks and replace them with palm trees; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes ® 9.5 RESOLUTION#2004-200 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUESTS BY BARRY N. MORRIS C/O OCEAN DEVELOPMENT, LLC., FOR AN EXTENSION OF THE PREVIOUSLY APPROVED FLEX/RESERVE UNIT ALLOCATION REQUEST LU-23-03 APPROVED BY RESOLUTION 2004-049, WHICH EXPIRES ON DECEMBER 22, 2004; FOR AN EXTENSION OF VARIANCE VA-72-03, APPROVED BY RESOLUTION 2004-112 (HEIGHT VARIANCE), WHICH EXPIRES ON DECEMBER 22, 2004, AND RESOLUTION 2004-073 (SETBACK VARIANCE) WHICH ALSO EXPIRES ON APRIL 13, 2005; AND FOR AN EXTENSION OF THE SPECIAL EXCEPTION REQUEST SE-71-03 APPROVED BY RESOLUTION 2004- 072, WHICH ALSO EXPIRES ON APRIL 13, 2005) FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD APPROXIMATELY 300 FEET EAST OF THE MOTEL SIX, DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Laurence Leeds, Director of Community Development, advised the property had four approvals that were granted that were time sensitive. All of these approvals expired at different times and we are trying to consolidate all the approvals and extend the expiration date for approval to the same date. We also added an exhibit which consolidates all the conditions that were addressed. He mentioned the developer is in the process of addressing several of the issues in Exhibit "A". He received a letter from the Broward County Department of Planning and Environmental Protection advising the applicant has received his Broward County Environmental Resource license. They also have their Broward County Surface Water Management Review application granted, and have an agreement with DPEP to coordinate all the other State and Regulatory agencies. He recommended extending approval until July 2006 because there may be a delay in Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,November 23,2004—7:00 p.m. • the Community Development Department issuing the permit because of infrastructure issues. He commented that he is happy with the progress of this project. Bonnie Miskel, attorney for the developer, commented this is a very large and complicated project. She advised they are on schedule, however, with the infrastructure situation, it does make sense to give both the City and her client a cushion in the event the infrastructure is delayed in some manner and the City cannot give them a permit when they are ready. Vice-Mayor Mikes thought the Commission was going to do periodic six-month reviews, and wants to keep the six-month reviews. Mr. Leeds commented he does not see a downside to the request, and does not feel that another six-month review is necessary. Ms. Miskel responded to Vice-Mayor Mikes and stated that if the Commission imposes the six- month requirement, she cannot report anything new, because they are not going to be bringing permits into the City until June 2005. They have begun their construction drawings, but have not submitted them to the City, and will not submit to the City until June 2005. Vice-Mayor Mikes remarked he expected that staff would review the work product at every point in time. • Mr. Leeds responded he requested to review the drawings before they get to 99% completion. He advised the most difficult part of this construction is the parking garage. He understands the Commission's concerns, but we are part of what might delay this project simply because we have not addressed our infrastructure needs. Commissioner Flury questioned the problem with six-month reviews. Ms. Miskel responded there is no problem; however, they will have nothing to report in six months. As a lawyer, her concern is that they have met and exceeded every commitment that the Commission has asked, and the doubt the Commission has in them is troubling her. The only problem she has is that she has to call the owner and explain very carefully what she is being asked to do because when she has to come to the Commission there is an action that happens at that meeting, and she has to reassure him that the Commission will not change the approval of their project in six months. Vice-Mayor Mikes remarked perhaps they are worried about the election causing some problems, so he suggested changing the 4/5 vote requirement until July 2006, so they only have to meet the 3/5 vote requirement. He felt this was a reasonable compromise and the remainder would keep the six month reviews. Mr. Leeds clarified that it was until July 2006 on the height variance, and six month increments on everything else. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,November 23,2004—7:00 p.m. Ms. Miskel clarified the intent of the meeting in six months would be to give the Commission a progress report; and prior to that they would be meeting with staff and they would be reviewing what they have done to date; and assuming that the Commission finds they are continuing to act in good faith, they would be recommended for approval. Mayor McElyea opened the Public Hearing. Kevin Guthart, 649 East Sheridan St., was sworn-in by the City Attorney. He commented that he represents the adjoining property owners to the west, and they support this project. Seeing as there was no one else to speak in favor or opposition, Mayor McElyea closed the Public Hearing. Vice-Mayor Mikes motioned to approve (1) the Height Variance would be renewed prior to July 1, 2006, or permits would be pulled, or it expires, and (2) the Site Plan, Special Exception and other approvals will be for six month intervals; seconded by Commissioner Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 9.6 ORDINANCE #2004-041 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AMENDING PART VI ("REGISTRATIONS AND ELECTIONS"), ARTICLE 2 ("ELECTIONS"), SECTION 6("ELECTIONS; HOW ARRANGED FOR; INSPECTORS AND CLERK") TO ADD AN ALTERNATE PROCEDURE WHICH WILL ALLOW THE CITY COMMISSION TO DELEGATE THE POLL WORKER SELECTION PROCESS TO THE BROWARD COUNTY SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (First Reading) City Attorney Ansbro read the title of the Ordinance. He advised this cleans up the existing law in the Charter, but on a case-by-case basis, the City could enter into agreements with the Supervisor of Elections to handle the poll worker selection. The City will always have the option to hire the poll workers on our own. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Chunn motioned to approve Ordinance #2004-041; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,November 23,2004—7:00 p.m. 9.7 RESOLUTION#2004-202 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE 3151 YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (2005-2006) IN THE TOTAL AMOUNT OF $242,735.00, TO PROVIDE FUNDING FOR THE CONSTRUCTION OF THE NORTHWEST COMMUNITY OUTREACH CENTER; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; FURTHER, AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT UPON ITS AWARD (AND ANY TIME EXTENSIONS, IF DEEMED NECESSARY); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Bonnie Temchuk, Assistant to the City Manager, advised this is the second and final Public Hearing for the Block Grant. She gave the history of the 28th and 291h Year CDBG grants. She advised staff recommends use of the CDBG funds for the construction of the NW Outreach Community Center. The proposed cost of construction is $620,340; the CDBG allocation is $242,735, which will require the City to fund $377,605 in FY 2006. Mayor McElyea opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Chunn motioned to approve Resolution #2004-202; seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote: ® Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 10. Commission Comments 10.1 Commissioner Anton Commissioner Anton congratulated the Estates of Ft. Lauderdale on their Silver Anniversary. He wished everyone a happy and safe Thanksgiving. He complimented staff, especially Kristen Jones, Director of Parks and Recreation, for the excellent job at Frost Park. 10.2 Commissioner Chunn Commissioner Chunn thanked God for life, and explained his reason for always telling people why he loves them. He commented he attended the Key West Boat Races and heard people say they saw the Dania Beach race on television. He stated he received a letter from Mrs. Dixon who lives on Dania Beach Boulevard. He asked the City Attorney and City Manager for a status report. City Attorney Ansbro responded the City Manager forwarded the letter to him and he will follow up and respond to Mrs. Dixon. He commented there is absolutely nothing the City can do; Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,November 23, 2004—7:00 p.m. everything the State has done through the County has been done. He remarked the DPEP people know what the contamination was. He remarked it is not in the City's control, and the people they need to talk to are at DPEP. He commented the State Health Department from Governor Bush's office is aware of it and it is in their hands. He stated he would provide the phone numbers to Mrs. Dixon. Chunn remarked that an attorney went out there and got sick; he also got sick when he went to the property. He commented the property has been contaminated for years. Commissioner Chunn remarked he was contacted by someone from the Motocross facility, and he was told by the City Attorney that he would need consensus from the Commission in order to place it on the Agenda. City Attorney Ansbro advised he spoke with the owner of the Motocross today and they need an additional five or six months to wrap things up. He advised it was very clear that the Commission stated at their last approval that it was not to come back to the City Commission again. Commissioner Chunn commented that the owner has done a great deal of work in cleaning up the contamination that was on the site. Vice-Mayor Mikes remarked there is something wrong with that project, and he thinks it ® involves a former City Commissioner. He commented the community did not want that project from the beginning. He thinks we have bent over backwards so many times and they have taken advantage of us. Mayor McElyea confirmed this was a dead issue for the City Commission. 10.3 Commissioner Flury Commissioner Flury wished a Happy Thanksgiving to everyone. 10.4 Vice-Mayor Mikes Vice-Mayor Mikes wished everyone a Happy Thanksgiving. He agreed with Commissioner Chunn that this City was a target for dumping in the past. He remarked that he received complaints from people about the price of hot dogs at the Frost Park event. He stated we need to have vendors with reasonable prices at City sponsored events, or we need to provide the products ourselves. He suggested we post the list of people and businesses who contributed to the Centennial celebration on the bulletin board at City Hall. He talked about the cost of growth at the Miami Airport and asked when we would get green newsstand containers. City Attorney Ansbro responded it is on his to-do list. • Minutes of Regular Meeting is Dania Beach City Commission Tuesday,November 23,2004—7:00 p.m. 10.5 Mayor McElyea Mayor McElyea also wished everyone a Happy Thanksgiving. He reported he has noticed lawn trailers around town with cones around them, yet vehicles would not be allowed to do this. He has also seen pool builders parked in the alleyways, and that garbage companies leave the garbage cans in the middle of the alleyways. He thinks we can do some better code work. Mr. Leeds asked if the trucks in the alley impeded the safe access of emergency vehicles. Mayor McElyea responded you can't pass them. Mr. Leeds responded it is a BSO public safety issue, and Code Enforcement cannot do anything about a truck parked in the Public Right-of-Way. City Manager Pato responded it would be helpful if someone called us while it was happening so that we can respond to it. Chief Cowart, BSO, responded he will pass the information to his officers. Mayor McElyea asked who enforces the street lights that have been out since before the hurricane. City Manager Pato responded we report outages to FP&L when they are brought to our attention. He commented that he has not received any complaints. Chief Cowart reported that his officers report outages to FP&L. He stated they try their best to identify and inventory the lights that are out and report them. 11. Discussion and Possible Action 11.1 Request by the Community Development Department allowing City Staff to select light fixtures to accommodate FDOT work schedule. City Manager Pato remarked this is on the agenda because we have only heard from three Commissioners, and we are looking for consensus. This is the last opportunity for the Commission to respond. Laurence Leeds, Director of Community Development, remarked that he has not received the recommendations of the Commissioners who did respond. City Manager Pato remarked light fixture#3 was chosen by three Commissioners. He advised it would be possible to add banner brackets to the poles. Commissioner Anton motioned to approve light fixture #3; seconded by Commissioner iChunn. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,November 23,2004—7:00 p.m. Commissioner Anton Yes Vice-Mayor Mikes Yes Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Attorney City Attorney Ansbro had no further reports for this meeting. 13.2 City Manager City Manager Pato asked the Commission if they wanted to cancel the second meeting in December. ® Vice-Mayor Mikes responded we should plan on having the meeting because of the Bond issue and Charter changes; if things work out it could be cancelled. Commissioner Flury thinks it should be cancelled. She will not be available for the December 28th meeting. Commissioner Chunn will not be available for the December 281h meeting. City Attorney Ansbro advised he is comfortable with the timetable for the Charter and Bond issues. He anticipates we could do the final workshop on the Charter and the Bond issue on the same day. He suggested December 7th as the date for those meetings. Commissioner Chunn motioned to cancel the second meeting in December; seconded by Commissioner Flury. The motion carried on the following 4-1 Roll Call vote: Commissioner Anton Yes Vice-Mayor Mikes No Commissioner Chunn Yes Mayor McElyea Yes Commissioner Flury Yes 13.3 City Clerk—Meeting Reminder Tuesday, December 14, 2004— 7:00 p.m. —Regular Meeting Wednesday, December 15, 2004—9:00 a.m. —City Commission Breakfast Meeting with BSO Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday,November 23, 2004—7:00 p.m. 14. Adjournment • Mayor McElyea adjourned the meeting at 10:13 p.m. CITY OF DANIA BEACH b � r -ATTEST: .K. M YE � MAYOR-COMMISSIONER :g Ito n) LOUISE STILSON CITY CLERK APPROVED: December 14, 2004 • Minutes of Regular Meeting 21 Dania Beach City Commission Tuesday,November 23,2004—7:00 p.m.