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HomeMy WebLinkAboutNULL (452) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, NOVEMBER 28, 2006 — 7:00 P.M. 1. Callao Order Mayor Flury called the meeting to order at 7:00 p.m. 2. Invocation and Pledge ofAllegiance Gary Garofalo, Chaplain, American Legion Post #304, Dania Beach, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. Gary Garofalo reminded everyone of the attack of Pearl Harbor on December 7, 1941, and why that day is so special for this country. He asked everybody to sing God Bless America. Mayor Flury welcomed students from South Broward High School who were attending tonight's public meeting as part of their government class. 3. Roll Call Present: Mayor: Patricia Flury Vice-Mayor: Bob Anton Commissioners: John Bertino Anne Castro Paul Fetscher City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Special Event request by House of God/Church of the Living God Pillar and Ground of the Truth Without Controversy, Inc. for a Health Fair to be held at 810 NW 3rd Street on Saturday, December 2, 2006 from 10:00 a.m.—3:00 p.m. Commissioner Bertino motioned to approve the Special Event request for the House of God/Church of the Living God Pillar and Ground of Truth Without Controversy, Inc. Health Fair on Saturday, December 2, 2006; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 4.2 Special Event request by St. Maurice Catholic Church for the St. Maurice Country Fair to be held at 2851 Stirling Road on Thursday, November 30, 2006 through Sunday, December 3, 2006 Commissioner Castro motioned to approve the Special Event request for, St. Maurice Catholic Church Country Fair on November 30, 2006 through December 3, 2006; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 4.3 Special Event request by Maisto International & East Coast Ryders for the King of the Street Big Car Show-Off and Toy Drive to be held at 1700 NW I" Street (Boomers) on Sunday, December 17, 2007 from 12:00 p.m. - 6:00 p.m. City Manager Pato was concerned that the event organizers originally expected up to 10,000 people to attend this event. Major Larry Rogers, BSO Chief, District II, and Deputy Fire Chief Mike Cassano noted they had no issues with the event. City Attorney Ansbro clarified that the approval should include the following conditions, listed on the staff report: - Verification of the musical acts that will be performing - Payment of Fire and BSO details - Obtaining an electrical permit for the generator - Providing fire extinguishers for the stage and all cooking areas It was confirmed that the applicant was agreeable to the above conditions. Commissioner Castro motioned to approve the Special Event request for Maisto International & East Coast Ryders King of the Street Big Car Show-Off and Toy Drive on December 17, 2006, with conditions; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,November 28, 2006—7:00 p.m. . 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Randi Arline, 4696 SW 35th Avenue, asked for an update on the dockside fueling issue. Gary Garofalo, 4930 Sailboat Drive, noted that people in his development have problems because their Zip Code is 33312. He asked that we attempt to get a substation in the area because of the growth that is taking place with all the new developments. Commissioner Castro advised we worked on this last year and learned the U.S. Postal Service has no money to open a new building, or lease any space. She further noted that the Zip Code situation is a country-wide problem and the Post Office has no interest in dealing with this issue. Commissioner Castro offered to try again but was not very hopeful to have the problem resolved. City Attorney Ansbro advised that Fire Chief Ken Land met with the Marine Advisory Board and has completed his research on the fueling issue. Fire Chief Land requested that the matter be included on the December 12 Commission agenda as a discussion item, and he will bring his recommendations to the City Commission. 7. Consent Agenda Items removed from Consent Agenda: #7.2, #7.4, #7.5, #7.8, #7.9, #7.12 7.1 Minutes: Approve minutes of the November 14, 2006 Regular City Commission Meeting Approve minutes of the November 16, 2006 Abatement Hearing Resolutions 1.2 RESOLUTION#2006-201 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING FILING DATES AND PROVIDING FOR THE CALLING AND HOLDING OF A PRIMARY ELECTION IN THE CITY OF DANIA BEACH, FLORIDA, ON TUESDAY, FEBRUARY 13, 2007 FOR THE PURPOSE OF NOMINATING CITY COMMISSIONERS TO BE VOTED UPON AT THE GENERAL ELECTION TO BE HELD ON TUESDAY, MARCH 13,2007;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-201. Commissioner Castro commented most cities in Broward County have decided to move to the November election cycle. She added that although this issue was discussed during Budget time, Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. she would suggest having a Workshop or including a discussion item on a future agenda, to look into this matter again. Commissioner Castro motioned to adopt Resolution#2006-201; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 7.3 RESOLUTION#2006-203 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA PROVIDING FOR EXPIRATION DATES FOR MEMBERS OF BOARDS AND COMMITTEES APPOINTED BY THE CITY COMMISSION;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2006-204 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A LICENSE AGREEMENT ON BEHALF OF THE CITY WITH THE GRIFFIN CIVIC ASSOCIATION, INC. PERTAINING TO ASSOCIATION USE OF AN OFFICE LOCATED WITHIN THE P.J. MELI AQUATIC COMPLEX, SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-204. Mayor Flury asked if the Griffin Civic Association was agreeable to the terms of the agreement. City Attorney Ansbro responded in the affirmative. Commissioner Castro motioned to adopt Resolution #2006-204; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 7.5 RESOLUTION#2006-205 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE CITY HEALTH PLAN CONSULTANT SERVICES FROM THE RHODES INSURANCE GROUP, INC.;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42006-205. Commissioner Bertino confirmed with City Attorney Ansbro that payment to the Rhodes Insurance Group, Inc. would be retroactive to October 1, 2006. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. City Manager Pato clarified that this matter was approved during the Budget process and it Was only the paperwork that needed to be done. Commissioner Bertino suggested going out to bid for this type of service in the future. Commissioner Bertino motioned to adopt Resolution #2006-205; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 7.6 RESOLUTION#2006-206 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE "AMENDMENT 1" TO THE LOAN AGREEMENT EXISTING BETWEEN THE CITY AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF FLORIDA (AGREEMENT NUMBER SW 79102P); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION#2006-210 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE "AMENDMENT 1" TO THE LOAN AGREEMENT EXISTING BETWEEN THE CITY AND THE DEPARTMENT OF ENVIRONMENTAL PROTECTION OF THE STATE OF FLORIDA (AGREEMENT NUMBER WW79103P); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2006-212 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE FOR THE CODE COMPLIANCE DIVISION IN THE AMOUNT OF S15,502.00 FROM DUVAL FORD,UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT,WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-212. Commissioner Bertino inquired if staff researched the possibility of purchasing a 2006 vehicle for considerably less money. City Manager Pato indicated that he personally checked into it, but it is not cheaper than the State Contract. Commissioner Bertino noted that although this particular vehicle gets very good gas mileage, we should set the bar for other people and look into alternative fuels, in order to stop using gasoline vehicles. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,November 28,2006-7:00 p.m. Commissioner Bertino motioned to adopt Resolution #2006-212; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner B&tino Yes Vice=Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 7.9 RESOLUTION#2006-211 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPOINTING MITCH KRAFT, ESQ. TO ACT AS A CODE ENFORCEMENT SPECIAL MAGISTRATE FOR MUNICIPAL CODE ENFORCEMENT PROCEEDINGS;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-211. Mayor Flury asked if this was a request for a new magistrate for Code Enforcement proceedings. City Attorney Ansbro advised we currently use two Special Magistrates, however, one of them would have a conflict with an attorney in a case where we would enforce our Adult Entertainment law. He further noted that Attorney Kraft has been the City Attorney for Tamarac for nearly twenty years and has been highly recommended. Commissioner Fetscher noted Attorney Kraft's wife is his boss. He confirmed with City Attorney Ansbro there would not be a conflict of interest under State Law. Vice-Mayor Anton motioned to adopt Resolution #2006-211; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Ordinances (Titles read by.City Attorney) 7.10 ORDINANCE #2006-041 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA CREATING ARTICLE XII TO BE ENTITLED "STORM SHUTTERS REGULATIONS" FOR PLACEMENT IN CHAPTER 8, "BUILDINGS", OF THE CITY CODE OF ORDINANCES; PRESCRIBING REQUIREMENTS FOR STORM SHUTTER PLACEMENT AND REMOVAL TO BE APPLICABLE TO ALL STRUCTURES CERTIFIED FOR OCCUPANCY IN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.11 ORDINANCE#2006-042 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING SECTION 2-6 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "MILITARY LEAVE OF ABSENCE FOR OFFICERS AND EMPLOYEES", TO PROVIDE FOR COMPENSATION AND HEALTH INSURANCE FOR PERSONS ON ACTIVE MILITARY DUTY, SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,November 28, 2006—7:00 p.m. • SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.12 ORDINANCE#2006-043 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE "HARBOUR TOWNE MARINA, PLAT NO. 2"PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT 801 NE 3RD STREET, IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; ACCEPTING THE DEDICATION FOR PUBLIC USE OF ALL STREETS, HIGHWAYS AND ALLEYS AS SHOWN ON SUCH PLAT OF THE "HARBOUR TOWNE MARINA, PLAT NO. 2" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance 42006-043. Mayor Flury commented that two residents from the northeast section called her about this "rack and stack" at the Harbour Towne Marina. She noted she pulled it so everyone would know it was on the agenda for first reading. Mayor Flury added that people would have the opportunity to participate in the public hearing when the Ordinance is presented for second reading. City Attorney Ansbro clarified for the record that this is a plat approval, which the City would have to approve, unless there is an impact on traffic or any sort of injustice to the public. He added that the site plan would be presented at a later date as a public hearing. Commissioner Bertino motioned to adopt Ordinance #2006-043, on first reading; seconded by Commissioner Castro. The motion carried on the following 5-0 Moll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 7.13 ORDINANCE #2006=044 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF A THIRD AMENDMENT TO A LEASE AGREEMENT EXISTING BETWEEN THE CITY AND DANIA BEACH GRILL, INC., COVERING THE PROPERTY KNOWN AS THE DANIA BEACH GRILL AND MORE PARTICULARLY DESCRIBED IN THE LEASE; AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE LEASE BY THE APPROPRIATE CITY OFFICIALS TO PROVIDE FOR DELETION OF THE ANNUAL RENT ADJUSTMENT UNTIL THE END OF THE CURRENT LEASE TERM (FEBRUARY 15, 2009); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Vice-Mayor Anton motioned to approve the Consent Agenda, with the exception of Items #7.29 #7.4, #7.5, #7.8, #7.9, and #7.12; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,November 28, 2006—7:00 p.m. 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public.Hearings and Site Plans 9.1 ORDINANCE#2006=038 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA CREATING SECTION 27-37, ENTITLED "PERMANENT RESTRICTIONS FOR LAWN AND LANDSCAPING IRRIGATION'% PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-038. He explained that in order for the City to renew its Water Use Permit with the South Florida Water Management District certain irrigation restrictions need to be implemented. Mayor Flury opened the Public Hearing. Pat Tyra, 2912 SW 54th Street, Estates of Fort Lauderdale, asked how the City would notify people with private wells. Dominic Orlando, Public Services Director, advised these restrictions do not apply to private wells. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2006-038, on second reading; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.2 ORDINANCE#2006-039 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28 "ZONING," ARTICLE 28 "SIGNS", TO PROVIDE THAT TEMPORARY POLITICAL SIGNS SHALL NOT BE POSTED PRIOR TO THE DATE OF QUALIFICATION OF THE CANDIDATE OR BALLOT ISSUE TO WHICH THEY PERTAIN; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Minutes of Regular Meeting g Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. City Attorney Ansbro read the title of Ordinance#2006-039. He explained that by implementing this law, candidates will not be allowed to post temporary political signs prior to the date of qualification of the candidate identified in such signs. City Attorney Ansbro further noted that for other ballot matters, sign displays can begin after the Office of the Supervisor of Elections receives the ballot matter wording for printing on the ballot for the applicable election. Mayor Flury opened the Public Hearing. Tim McLeod, 261 SW 4th Street, a candidate for City Commission, questioned if this Ordinance applied to any political signs. City Attorney Ansbro advised this law applies to any political signs. He clarified for Mr. McLeod that it does not apply to magnetic car signs. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Vice-Mayor Anton commented he is also a candidate for re-election. He confirmed with City Attorney Ansbro that he could vote on this item without a conflict. Commissioner Castro motioned to adopt Ordinance #2006-039, on second reading; seconded by Commissioner Fetscher. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.3 ORDINANCE#2006-040 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA PERTAINING TO WATER AND SEWER SYSTEM IMPACT FEES; REPEALING ARTICLE VII, "WATER AND SEWER IMPACT FEES" OF CHAPTER 27 ("WATER AND SEWERS") OF THE CITY CODE OF ORDINANCES, CONSISTING OF SECTIONS 27-201 TO 27-207, INCLUSIVE; ESTABLISHING A NEW ARTICLE 7 TO BE ENTITLED "WATER SYSTEM AND SEWER SYSTEM IMPACT FEES"; PROVIDING FOR DEFINITIONS, RULES OF CONSTRUCTION AND FINDINGS, PROVIDING FOR IMPOSITION OF IMPACT FEES; PROVIDING FOR PAYMENT AND USE OF PROCEEDS; ALLOWING AN ALTERNATIVE FEE CALCULATION; PROVIDING EXEMPTIONS; PROVIDING FOR COLLECTION OF IMPACT FEES UPON CHANGES IN SIZE AND USE; PROVIDING FOR A DEVELOPER CONTRIBUTION CREDIT; PROVIDING FOR PAYMENT AND COLLECTION OF IMPACT FEES; PROVIDING FOR REVIEW HEARINGS; REQUIRING ANNUAL REVIEW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-040. He advised this Ordinance would replace the entire Water and Sewer System Impact Fees, which have not been updated since the late 1980's. He noted a study was conducted to support the imposition of the new fees to determine the amount we can legally charge. City Attorney Ansbro also mentioned that this Ordinance would take effect 90 days after adoption, to give developers time to catch up and deal Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,November 28,2006-7:00 p.m. with the new fees and incorporate them into their construction costs. In the meantime, staff will be presenting the Water and Sewer Extension Policy which relates to this law. City Attorney Ansbro clarified for Commissioner Bertino that these costs do not apply to the western part of the City where they are connected to the County water system. Mayor Flury 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 adopt Ordinance #2006-040, on second reading; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.4 ORDINANCE #2006-034 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY WILLIAM B. BIGGER,III(RZ-67-06), FOR PROPERTY LOCATED AT 2501 STATE ROAD 84, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-3 (COMMERCIAL), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-034, Ordinance #2006-035, Ordinance #2006-036, and Ordinance#2006-037, because they all pertained to the same matter. Laurence Leeds, Director of Community Development, showed the location of the properties involved. He further noted that the three properties to the north are requesting truck rental and leasing facilities, the fourth property located on the south side of Ravenswood Road would like to engage in the sale of late model used boats. Director Leeds added that the Planning and Zoning Board recommended approval of all four of the rezoning changes. Mayor Flury opened the Public Hearing. Margaret Croxton, on behalf of the applicants, noted that Atlantic Truck Center has been there for about ten years and has run out of space, and this request is to allow them to continue to do most of the things they used to do. Mr. Verkey sells used boats on the internet to Venezuela. She clarified they made a scriveners error in the Marina Mile District Zoning that needs to come back to add truck sales and leasing. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2006-034, on second reading; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.5 ORDINANCE #2006-035 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY JOHN A VERKEY(RZ-66-06), FOR PROPERTY LOCATED AT 2200 STATE ROAD 84, IN THE CITY OF DANIA BEACH,FLORIDA,WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT"A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM IROM (INDUSTRIAL RESEARCH OFFICE MARINE), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Vice-Mayor Anton motioned to adopt Ordinance #2006-035, on second reading; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.6 ORDINANCE #2006-036 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY JOSEPH J. RUBANO (RZ-64-06), FOR PROPERTY LOCATED AT 2501 STATE ROAD 84, IN THE CITY OF DANIA BEACH, FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-3 (COMMERCIAL),TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Vice-Mayor Anton motioned to adopt Ordinance #2006-036, on second reading; seconded by Commissioner Fetscher. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.7 ORDINANCE #2006-037 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST SUBMITTED BY JOSEPH J. RUBANO (RZ-65-06), FOR PROPERTY LOCATED AT 2555 AND 2565 STATE ROAD 84, IN THE CITY OF DANIA BEACH,FLORIDA, WHICH PROPERTY IS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM IROM (INDUSTRIAL RESEARCH OFFICE MARINE), TO MA-1 (MARINA MILE), SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. Commissioner Bertino motioned to adopt Ordinance #2006-037, on second reading; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner)Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes City Attorney Ansbro advised the remaining items were quasi-judicial matters, and swore-in those who would speak. He asked the Commission to disclose any communication they had on these matters. 9.8 RESOLUTION#2006-195 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY SHERYL ZVI,LAND PLANNER WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC, FROM CHAPTER 28, "ZONING", FOR PROPERTY LOCATED AT 4432 SW 52ND STREET, DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (Continued front November 14,2006) City Attorney Ansbro read the titles of Resolution#2006-195 and Resolution#2006-197 because they both pertained to the same matter. Corinne Church, Principal City Planner, advised the applicant is requesting a variance to allow a 22 feet driveway where Code requires 24 feet, in order to maintain the required landscaping buffer. She further noted they are also requesting a waiver to allow 38% pervious area, where Code requires 40%. The Site Plan request is to allow the construction of 8 townhomes, however, some staff comments need to be addressed. The Planning & Zoning Board recommended approval with staff conditions. Commissioner Fetscher clarified with Ms. Church that the pervious area would be met if the parking spaces were eliminated. Discussion followed between Commissioner Bertino and Director Leeds regarding the possibility of requesting the applicant to use porous concrete. Director Leeds advised that porous concrete was used approximately 5 years ago at the Super 8 Motel, and he is not certain whether it is currently available. He suggested making it a condition, but it would still need to be evaluated by the Public Services Director, to confirm the drainage requirement is met. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Vice-Mayor Anton questioned if any of the adjacent neighbors objected to the request. Director Leeds responded a neighbor requested the wall to be 6 feet in height, instead of 4 feet in height and the developer agreed to increase it to accommodate the neighbor. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. Elizabeth Camargo, architect for the project, commented that the 2% pervious area will be addressed with the storm drainage calculations. She noted that not knowing the strength of the concrete, she would be concerned with the maintenance of the porous cement, because the garbage collection trucks would need to go into the property. Director Leeds indicated the porous concrete could be placed in the guest parking spaces near the entrance. Commissioner Castro motioned to adopt Resolution #2006-195, with staff conditions, and that the applicant provide porous concrete paving for the 10 guest parking spaces, subject to determination of availability by the Building Official, in addition to providing drainage improvements to compensate for the 2% reduction in pervious area; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.9 RESOLUTION#2006-197 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN REQUEST SUBMITTED BY SHERYL ZVI, LAND PLANNER WITH CONSULTECH DEVELOPMENT SERVICES, INC., ON BEHALF OF REGINA NOVAES PERIM REPRESENTING VENEZIA VILLAS, LLC, FOR PROPERTY LOCATED AT 4432 SW 52°1 STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (Continued from November 14,2006) Commissioner Castro motioned to adopt Resolution #2006-197, with staff conditions, and that the applicant provide porous concrete paving for the 10 guest parking spaces, subject to determination of availability by the Building Official, in addition to providing drainage improvements to compensate for the 2% reduction in pervious area; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.10 RESOLUTION 92006-207 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR AN EXTENSION OF THE EXPIRATION DATE FOR SITE PLAN SP-41-05,APPROVED BY RESOLUTION 2005- 180 ON NOVEMBER 22, 2005, 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#2006-207. Corinne Church, Principal City Planner, explained the location of the property and noted the request is for an application previously approved on November 22, 2005. The Site Plan Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. application is to allow the construction of a warehouse facility, and today's request is for a four month extension. She advised the applicant indicated he had difficulty processing permits at the County level. .Laurence Leeds, Community Development Director, noted that staff recommended approval of the extension request, and added that the applicant has already submitted construction documents to the City. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Resolution #2006-207; seconded by Vice-Mayor Anton. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.11 RESOLUTION#2006-208 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE APPEAL REQUEST PERTAINING TO THE LOCATION OF A BULK CONTAINER ON RESIDENTIAL PROPERTY, SUBMITTED BY CARR RESIDENTIAL, LLC, FOR PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the titles of Resolution 42006-208 and Resolution #2006-209 because they both pertain to the same matter. Laurence Leeds, Community Development Director, showed the location of the property and advised they are requesting a variance and site plan modification. He further explained they would like to eliminate two dumpsters from the original six requested on the previously approved site plan, and to have three-times per week garbage pickup. Director Leeds indicated staff would like to see documentation confirming that the dumpsters would be large enough to accommodate two-times per week pickup. Bonnie Miskel, Ruden McClosky, attorney for the applicant, noted they do not have a problem with four dumpsters of sufficient size. She provided a letter from All Service Refuse confirming they could service the proposed site plan and dumpsters/enclosure design, and that the dumpsters are sufficient based on twice per week pickup for the development. Attorney Miskel agreed to Director Leeds request to receive confirmation from All Service Refuse as to the size of the dumpsters they require. Director Leeds clarified for Commissioner Fetscher that larger enclosures could be provided on the site to accommodate larger dumpsters. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,November 28, 2006—7:00 p.m. Attorney Miskel explained the developer changed the dumpsters' location to provide more green area and to have them centrally located. She further noted they will insure that larger dumpsters and enclosures are provided prior to the issuance of a building permit. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Castro motioned to adopt Resolution ##2006-208, with conditions; seconded by Commissioner Fetsscher. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.12 RESOLUTION#2006-209 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST FOR MODIFICATIONS TO A SITE PLAN, APPROVED BY RESOLUTION 2006-127 ON JULY 25, 2006, SUBMITTED BY CARR RESIDENTIAL, LLC, FOR PROPERTY LOCATED AT 3901 GRIFFIN ROAD, DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution 92006-209, with conditions; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino suggested creating an Ordinance requiring all new residential structures to have Impact windows. Mayor Flury commented she is not in favor of this proposal because Impact windows will crack and people will still use hurricane shutters to protect such expensive windows. City Attorney Ansbro noted the Florida Building Code requires new homes to have hurricane shutters. Laurence Leeds, Community Development Director, indicated the Building Code allows either shutters or Impact windows. He added that Impact windows would crack and people might not replace them if they crack because they are very expensive. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. Commissioner Bertino expressed concern on the safety of the people in case of a fire, because many of them would not take down their shutters. Commissioner Bertino commented on the high insurance costs. He requested the City adopt a Resolution requesting the Governor to call a special session of the Legislature to review the previously approved legislation on insurance costs. It was the consensus of the Commission to send a letter with the above request, to the newly appointed Governor. 10.2 Commissioner Castro Commissioner Castro commended Joe Husosky, of the Information Systems Department, for adding the Enterprise Zone page to the City Website in a timely and professional manner. She also thanked Kathy VanNoorden, who has taken the lead on this program and has done a wonderful job by completing the Annual Report. Commissioner Castro would like the City Manager to make a brief presentation on the City Hall Expansion project, so everyone can understand the plan. City Manager Pato agreed to have a presentation at a future Commission meeting. It was agreed to add this item under Discussion at the January Workshop Meeting on citywide traffic issues. 10.3 Commissioner Fetscher Commissioner Fetscher thanked the students from South Broward High School for attending tonight's meeting and for showing interest in government affairs. 10.4 Vice-Mayor Anton Vice-Mayor Anton commented Broward County has again postponed the EIS and the Master Plan, probably until April, 2007. He asked everyone to watch for the Broward County Aviation Department Agendas for the month of April. Vice-Mayor Anton suggested people access Broward County's website: www.broward.org, and the Melaleuca Homeowners Association Website, for more information. 10.5 Mayor Flury Mayor Flury noted she attended the Opening Reception for the Hallandale Casino and commented that her worst fears were realized. She further mentioned that traffic was horrendous. Mayor Flury suggested having a Workshop in January to discuss the Dania Jai Alai Casino and citywide traffic issues. She expressed her concern on the fact that it will take the City at least three years to address the neighborhood improvements, however, Boyd Gaming will build a Casino in 18 months. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,November 28, 2006—7:00 p.m. • Commissioner Castro thought Boyd Gaming would be paying for some of the traffic calming devices needed. She asked City Manager Pato to find out from Boyd Gaming if this information was correct. Mayor Flury confirmed with City Manager Pato that the petition submitted by Le Beau Acres neighbors had been taken care of. Mayor Flury asked Mary McDonald, Human Resources/Risk Management Director, if she was conducting exit interviews, or if any action was being taken to minimize the number of employees leaving the City. Director McDonald advised they have been conducting exit interviews for the past few years and she is in the process of preparing a report for the Commission. She indicated she is doing the report by divisions, in order to find out if there are any patterns on the employee turnover. Mayor Flury was pleased to see the preliminary report from the Auditors. She asked the rest of the Commissioners to contact Director Varney if they would like to meet with the Auditors privately. Commissioner Castro questioned if the recently passed Constitutional Amendment extending the Homestead Exemption to Senior Citizens had impacted our revenues. Mayor Flury noted she received a letter from the Department of Justice regarding the Dismas House contract which will soon expire. She suggested staff keep a close eye on this matter. 11. Discussion and Possible Action 11.1 Discussion of Dania Beach Marina—City Manager Pato City Attorney Ansbro commented staff is still waiting to hear from FAU to commit, in writing, to the statement made to the City Manager and Vice-Mayor Anton back in July of this year, which would allow the City to take over the Marina and have complete control. Vice-Mayor Anton suggested the City send a letter to Mr. Brogan letting him know that staff is not following through on what was agreed upon months ago. City Manager Pato referred to the proposal received from Westrec Marina Management, previously distributed to the Commission, regarding the possibilities of having someone from the private sector run the Marina, as opposed to the original plan to have an in-house Dock Master. He asked for Commission direction to decide the best course of action. Commissioner Castro thought the offer was very intriguing, but was not sure this would be the best solution. She-would like to see comparisons and the possibility of looking at other options. Commissioner Castro would also like to make sure that FAU keeps their promise on the property. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,November 28, 2006—7:00 p.m. iCommissioner Bertino felt that specialized people should handle the Marina. He noted that in order to run the Marina properly, we need good professional people and therefore we need to go out for competitive bids. Commissioner Bertino pointed out that once the bidding process is completed we would be able to decide whether to run the Marina ourselves. Vice-Mayor Anton agreed with Commissioner Castro and Commissioner Bertino, and noted that if we are not committed to spend money to bring the Marina up to a first-class facility then we need to decide on the best option. City Manager Pato understood that he is to hire the Dock Master, and also investigate the options and analyze the costs. Mayor Flury clarified that the City Manager is to give the Commission the financial information needed to make a decision, both revenue and expenses. City Manager Pato commented that during the Budget process, the Commission discussed a number of gradual improvements over the next few years for the dock because the Marina is in an advanced state of decay. He indicated the safety items have been addressed as budget permits. He once again clarified that his direction is to stay the course; hire the Dock Master; get projected revenues; and bring the Commission up to date. Mayor Flury noted the Vice-Mayor wanted a Cost Benefit Analysis using the Westrec proposal as an example, then go out with Letters of Interest. City Manager Pato noted it would take a couple of months, but he would continue to move forward with the present plan. 11.2 Discussion of the recommendations made by the Neighborhood Improvements Advisory Board Mayor Flury commented that the calendar presented at the last meeting is unacceptable, and an embarrassment to her personally. She challenged City Administration to reduce the timeframe for the projects. She questioned if we could award a contract to multiple companies to design the proj ects. Dominic Orlando, Director of Public Services, responded it would take the same amount of time. An option would be to split up the work with small design packages and contract out the work, but this would only save a few months. He noted we are going out to bid for engineering services this month. Mayor Flury would like to see the time schedule reduced substantially. She requested a new timeline schedule in three months. She also requested that the bids be advertised in the Miami Herald because we always get the same companies by advertising in the Sun Sentinel. She stated we will get more bidders by expanding the advertising. Minutes of Regular Meeting 1 g Dania Beach City Commission Tuesday,November 28, 2006—7:00 p.m. . Patricia Varney, Director of Finance, noted that we also currently post bids on the City Website as well as Bid Banks on the internet. Commissioner Castro noted that the City has had a number of CPTED Studies. She questioned if we could direct the City Manager and Finance Director to establish long-term Capital Funding Projects for these items. City Manager Pato responded he has been discussing a 5-year plan with staff for neighborhood improvements. He would like to bring this as a discussion item at a future workshop. Mayor Flury noted that neighborhood improvements is the top priority and is not receiving the proper attention. 11.3 Discussion of Neighborhood Redevelopment Commissioner Castro noted $100,000 was budgeted for a Neighborhood Redevelopment Plan and the City Manager asked her for direction. She indicated the areas involved were College Gardens, the Heights, the Triangle, and Sun Garden Isles,because these areas had an Urban Infill Study completed. She noted the work to be completed would be to develop a plan and then the rezoning, such as was done in the CRA district. Mayor Flury clarified that Commissioner Castro was proposing a plan of action that may, or may not, include zoning changes. Commissioner Castro clarified that her request is to let the City Manager know he can bring the parties together and then contact whoever he needs to move the process forward. The Commission concurred with the request. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Pato reminded everyone there would only be one Commission meeting in December. As a follow-up to Commissioner Castro's issue on redevelopment, he noted he would like to contact people in January to see if their concerns remain the same. 13.2 City Attorney City Attorney Ansbro had no further comments. Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m. 13.3 City Clerk—Reminders Wednesday, December 6, 2006— 5:30 p.m. —Regular CPA Board Meeting Tuesday, December 12, 2006—7:00 p.m. —Regular City Commission Meeting 14. Adjournment Mayor Flury adjourned the meeting at 9:36 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, CMC PATRICIA FLURY CITY CLERK MAYOR-COMMISSIONER Approved: January 9, 2607 Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday,November 28,2006—7:00 p.m.