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HomeMy WebLinkAboutNULL (456) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, DECEMBER 12, 2006 - 7:00 P.M. 1. Call to Order Mayor Flury called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Father Roger Holoubek, St. Maurice Catholic Church, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 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 Deputy City Clerk: Miriam Nasser 4. Presentations and Special Event Approvals 4.1 Special Event request by Cynthia Reese for Dr. Martin Luther King, Jr., Parade and Celebration to be held at C.W. Thomas Park on January 15, 2007 from 10:00 a.m. to 6:00 p.m. Mayor Flury confirmed with Major Larry Rogers, BSO Chief, District II, and Fire Chief Ken Land that there were no issues with this event. Commissioner Castro motioned to approve the Special Event for Dr. Martin Luther King, Jr., Parade and Celebration on January 15, 2007; 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 4.2 Employee Anniversary Recognition (Mary McDonald, Human Resources/Risk Management Director) Mary McDonald, Director of Human Resources/Risk Management, explained in October, 2006, the City implemented a Service Recognition Program to recognize our employees for the years of service to the City. She read the names of City employees who celebrated their first and fifth anniversaries in October and December, respectively and congratulated them for their contributions to the City. Item #11.1 was heard after Item #4.2 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Captain Mary Schmidt, 4740 SW 43rd Avenue, spoke about the Fuel Ordinance. She asked the Commission to make a wise and safe decision for the community. She wished everyone Happy Holidays. Ralph Eddy, 150 SE 3rd Avenue, was concerned about the traffic problems at SE 2nd Street and SE 3rd Avenue. He wanted to put it on the record that with the upcoming redevelopment of Dania Jai Alai, traffic in the southeast section will get worse. He distributed a petition from the neighbors in his area. Mayor Flury noted on Thursday, January 11, 2007 at 6:00 p.m. there will be a public Workshop to discuss the traffic situation within the City. George Jason, 4549 SW 371" Avenue, thanked his friends for their concerns and prayers while he was in the hospital last week. He wished everyone a Happy Holiday Season. Pat Rafacz, 610 Trafalgar Court, on behalf of the Human Relations Board, requested a review of the status of the City's Cemetery Mausoleum project. She commented that in 2005 Calvin Giordano and Associates conducted a feasibility study of both cemeteries and determined that it was possible to move ahead with the project to ensure there would be available space in the future. The study showed that the Westlawn Cemetery is filled to 90% of its capacity and the Dania Memorial Park now exceeds 50% of its capacity. Ms. Rafacz noted that the study also mentioned that the construction of the mausoleum would provide six times the capacity of individual plots. She indicated the cost to construct the mausoleum was estimated at $625,000 in 2005. In order to move forward with the project, the Human Relations Board requested the Commission: 1) Immediately vote to place a moratorium on offering plots in the proposed sections of each Cemetery where the mausoleums might be constructed; and 2) Direct the Human Relations Board regarding funding for the project. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. Mayor Flury requested this item to be placed on the January 9, 2007 Commission Agenda, under Discussion. She would like the Finance and Legal Departments to review the information regarding the amount of$685,000 currently in a Trust Fund. Commissioner Castro thought We should look at alternative funding instead of using the funds currently available which would be needed for future maintenance of the Cemeteries. Commissioner Castro motioned to put a moratorium on the sale of any plots in the proposed sections of each Cemetery where the mausoleums might be constructed; 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 Pat Tyra, 2912 SW 54t" Street, Estates of Fort Lauderdale, noted they are a voting site for County and City Elections, and she would like to know the timeframe and legal ramifications for the City Commission to decide to move the Municipal Elections to November. She would like this item on a future City Commission agenda. Mayor Flury indicated this matter needed to be discussed at length, since it would require a change to the City Charter. She advised this item would be placed on a future Agenda for discussion. 7. Consent Agenda 7.1 Travel Requests Travel request of Nicki Satterfield, Assistant Finance Director, to attend the National Government Finance Officers' Association Annual Conference in Anaheim, California June 10— 13, 2007. (Estimated cost $1,695-remaining balance $7,004) Resolutions 7.2 RESOLUTION#2006-213 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING SUBMISSION OF LOAN APPLICATION AMENDMENT NO. 1 FOR $1,176,345 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH A NEW WATER TANK FOR THE CITY AT THE WATER PLANT SITE AND RELATED ANCILLARY CONSTRUCTION; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,December 12, 2006—7:00 p.m. . 7.3 RESOLUTION#2006-223 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE SUBMISSION OF A LOAN APPLICATION AMENDMENT NO. 1 FOR THE AMOUNT OF $204,405.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH CONSTRUCTION OF THE WATER MAIN LOOPING PHASE I — WATER PLANT TO DOWNTOWN WATER MAIN FOR THE CITY WATER SYSTEM; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE LOAN AGREEMENT;ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION#2006-216 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PORTION OF FEDERAL HIGHWAY (U.S. 1), ALSO KNOWN AS STATE ROAD 5, WHICH PORTION EXTENDS FROM SHERIDAN STREET NORTH TO N.E. 3RD STREET, WHICH PORTION IS LOCATED WITHIN THE CITY LIMITS OF THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2006-217 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PORTION OF STATE ROAD 84 (MARINA MILE) WITHIN THE CITY LIMITS OF THE CITY OF DANIA BEACH;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2006-221 i A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE FOR THE PUBLIC SERVICES DEPARTMENT IN THE AMOUNT OF $23,219.00 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. 7.7 RESOLUTION#2006-222 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE (AN AT37-G AERIAL DEVICE "BUCKET TRUCK" VEHICLE) FOR THE PUBLIC SERVICES DEPARTMENT IN THE AMOUNT OF $78,086.00 FROM ALTEC, UNDER A FEDERAL G.S.A. CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Anton motioned to approve the Consent Agenda; 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 4 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. 8. Bids and Requests for Proposals 8.1 RESOLUTION#2006-227 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH FRANK HILL CONSTRUCTION, INC. FOR CONSTRUCTION OF THE DANIA BEACH MARINA RESTROOMS IN AN AMOUNT NOT TO EXCEED $218,700.00; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING, FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-227. Commissioner Bertino motioned to adopt Resolution #2006-227; 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 Addendum 8.2 RESOLUTION #2006-228 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF A CONTRACT FOR WATER MAIN RELOCATION ACTIVITIES USING STATE REVOLVING FUNDS; AUTHORIZING THE AWARD OF BID TO CARIBE UTILITIES OF FLORIDA, INC. FOR CONSTRUCTION ACTIVITES ASSOCIATED WITH CONSTRUCTION OF THE WATER MAIN REPLACEMENT - STIRLING ROAD FOR THE CITY WATER SYSTEM IN THE AMOUNT OF $91,090.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-228. Commissioner Bertino confirmed with Fred Bloetscher that Caribe Utilities of Florida, Inc, was the lowest bidder for this project. Mayor Flury clarified for the record that the work being done on Stirling Road and other areas within the City, was part of the improvements to our infrastructure program. She further noted that work would probably continue through next year. Commissioner Castro motioned to adopt Resolution #2006-228; 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 5 Dania Beach City Commission Tuesday,December 12, 2006—7:00 p.m. . 9. Public Hearings and.Site Plans 9.1 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. (SECOND READING) City Attorney Ansbro read the title of Ordinance#2006-041. City Attorney Ansbro explained this Ordinance was modeled after several cities in Broward County to address the placement of shutters to better the appearance of the City. He further indicated that it is the intent of this law to stop the perpetual remaining of the shutters. Laurence Leeds, Director of Community Development, advised this ordinance was mainly designed for residential and single family homes. He commented that some businesses along Federal Highway leave them up for several months. Director Leeds further clarified, based on the draft Ordinance, that businesses would have a 30-day period each year to close their shutters, not including hurricane season, and the rest of the year the shutters would have to stay opened with the exception of nighttime hours. • Mayor Flury opened the Public Hearing. g Bob Adams, 330 SE 3rd Terrace, would like the Commission to consider modifying the Ordinance to specifically address safety issues. He thought it would create a hardship for some people to put shutters up and down, particularly if we have a hurricane season like the one in 2005. Ralph Eddy, 150 SE 3rd Avenue, agreed with Mr. Adams' comments. Pat Tyra, 2912 SW 54th Street, Estates of Fort Lauderdale, wanted to clarify the plywood issue, because of the seasonal residents in her area. She noted when they leave Florida, they usually install plywood panels and leave them up for about six months. City Attorney Ansbro advised they cannot leave the plywood up for more than 30 days. Mary Schmidt, 4740 SW 43rd Avenue, asked about people who have a valid building permit to install new windows. She indicated they put plywood up and after 15 months they still have a valid permit and the new windows have not been installed. City Attorney Ansbro commented if the Building Official confirms they have a valid permit, we have a conflict. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. • Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Vice-Mayor.Anton commented Bob Adams was correct in saying that safety is the key issue. He would like the Commission to find a solution to provide some sort of relief mainly to elderly people who are concerned about moving storm panels after 30 days. Commissioner Bertino felt leaving the shutters permanently was a safety hazard. If there is a fire, people may get trapped in their homes. He suggested leaving them partially shut, making sure every room has an exit area. It was the consensus of the Commission to make some revisions to the current Ordinance and to consider having two separate Ordinances, one for residential and one for businesses. Commissioner Bertino motioned to defer Ordinance #2006-041 indefinitely; seconded by Vice-Mayor Anton. The motion carried unanimously. 9.2 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 • SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2006-042. 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 motioned to adopt Ordinance #2006-042, 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 9.3 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. (SECOND READING) Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,December 12,2006-7:00 p.m. City Attorney Ansbro read the title of Ordinance#2006-044. 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 #2006-044, 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 Item #9.8 was heard before Item #9.4 City Attorney Ansbro advised Items #9.4, #9.5, #9.6 and #9.7 were quasi-judicial matters and swore-in all who would speak. He read the titles of Ordinance #2006-043, Resolution #2006- 224, Resolution #225 and Resolution #2006-226 because they all pertained to the same matter. He asked the Commission to disclose any communication they had on this matter. Mayor Flury, Vice-Mayor Anton, Commissioner Bertino and Commissioner Castro disclosed they had contact with the applicant. 9.4 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. (SECOND READING) Corinne Church, Principal Planner, explained the location of the property. She further noted the applicant is requesting: ® A perimeter plat to allow the construction of a dry stack boat storage building and restaurant. ® Three variances: 1) To allow a building 52-55 feet tall; code allows a maximum building height of 30 feet. 2) A dry stack boat storage building with 176 boat slips; code allows a maximum of 50 boat slips. 3) A dry stack storage building to be constructed of metal. m A special exception to allow a dry stack boat storage use on the property. The new boat stack building would add 176 slips to the existing 594 boat slips. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,December 12, 2006—7:00 p.m. ® A site plan approval for the construction of a dry stack boat storage building, which will include landscaping and a new Welcome sign located on the Dania Cut-Off Canal identifying the City of Dania Beach. Ms. Church advised staff recommends approval of the Plat, provided it is consistent with the approved Site Plan; approval of the Special Exception, subject to size, height, and building material requirements in the Zoning Code; approval of the Site Plan, based on the Special Exception and Variance determinations. The approval of the Variances would be at the discretion of the City Commission. Mayor Flury opened the Public Hearing. Kurt Ely, 245 SW I"Avenue, would like to make sure this project will enhance our City and will not make the I.T. Parker Community Center less attractive for rentals. Patty Hart, 517 NE 2nd Place, was concerned about how much this project would impact the beautiful view from I.T. Parker Community Center. She also mentioned that with Boyd Gaming redeveloping Dania Jai Alai, she would like the Commission to consider the impact on traffic to the NE area of the City. George Platt, Shutts & Bowen LLP, representing Harbour Towne Associates, advised they will have a brief presentation tonight to address some of the neighbors' concerns. He thanked City staff for their support through the process and added that this project would be good for Dania Beach. Stephen Tilbrook, Shutts & Bowen LLP, explained this project would provide a boat storage facility at a time when there is a shortage of boat storage facilities in Broward County. He further commented the project requires platting of the property prior to the construction of a new principal building. The Site Plan is compatible with the rest of Harbour Towne Marina; it does not create any parking variance needs; it is consistent in height as well as architectural style; and it will generate less traffic. Attorney Tilbrook further noted that according to a traffic study prepared by Kimley-Horn, there would be a decrease in traffic since 2001. He also advised the new project would include a smaller restaurant than the one presently on the site, which is not currently in operation. Attorney Tilbrook clarified that boat storage buildings generate less traffic than restaurants, since it only involves daytime traffic and many of the boaters do not use their boats very often. He thought this project would not have a negative impact in the community, and that it would be an enhancement to the City of Dania Beach. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Mayor Flury noted she received several calls from residents in the NE section of the City, and she suggested they come to tonight's meeting to address their concerns. She referred back to October 2004, when the City Commission approved the Harbour Towne Lease Agreement. At that time, the Commission was assured they would never build anything that would obstruct the view of the Dania Cut-Off Canal. Mayor Flury further noted that people who rent I.T. Parker Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,December 12, 2006—7:00 p.m. Community Center would no longer have a nice view, and there would also be a shortage of parking on the site. She thought there was too much pressure being put in this area of the City, and added she did not think it was the right project for this neighborhood. Commissioner Fetscher questioned if Harbour Towne was planning to give the residents of Dania Beach a discount on the rentals of the facility. He said we are a big boating community and it would be a nice gesture on their part. City Attorney Ansbro commented this was not a condition that should be attached to the request. Commissioner Fetscher also asked Patty Hart if she was satisfied with the building and what would happen with the sunset view from I.T. Parker Community Center. Patty Hart responded the building was too big. Commissioner Bertino thought this project was better than the restaurant they used to have on the site. He felt this plan was the best possible situation for that area. Vice-Mayor Anton questioned whether they were planning to have a night club or a small snack restaurant and entertainment. He would like to see a commitment from the applicant not to have live entertainment on the site. Gary Brummel, Harbour Towne Marina, indicated he would be willing to make a commitment that they would not have outside entertainment so there would not be any additional evening traffic. Commissioner Castro commented the proposed setback is bigger than the present one, so the view from I.T. Parker Community Center would be a lot better. She thought this was a good project for the City. Commissioner Bertino motioned to adopt Ordinance #2006-043, on second reading; seconded by Commissioner Castro. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury No Commissioner Fetscher Yes 9.5 RESOLUTION#2006-224 A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE REQUEST SUBMITTED BY STEPHEN K. TILBROOK, ESQ., ON BEHALF OF THE PROPERTY OWNER, HARBOUR TOWNE ASSOCIATES, INC., FROM CHAPTER 28, "ZONING", ARTICLE 4, "DISTRICT REGULATIONS", "SCHEDULE OF USE REGULATIONS",FOR PROPERTY GENERALLY LOCATED AT 801 NE 3RD STREET, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,December 12,2006—1:00 p.m. • Commissioner Castro motioned to adopt Resolution #2006-224, with the condition that there be no outside entertainment and no outside speakers, as well as the conditions outlined in the staff report; seconded by Commissioner Bertino. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury No Commissioner Fetscher Yes 9.6 RESOLUTION#2006-225 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE REQUEST SUBMITTED BY STEPHEN K. TILBROOK, ESQ., ON BEHALF OF THE PROPERTY OWNER, HARBOUR TOWNE ASSOCIATES, INC., FOR PROPERTY GENERALLY LOCATED AT 801 NE 3RD STREET, IN THE CITY OF DANIA BEACH, FLORIDA, FOR SPECIAL EXCEPTION APPROVAL TO ALLOW A DRY-STACK BOAT STORAGE USE IN A "C-4" (COMMERCIAL) ZONING DISTRICT; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2006-225 with the condition that there be no outside entertainment and no outside speakers, as well as the conditions outlined in the staff report; seconded by Commissioner Bertino. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury No Commissioner Fetscher Yes 9.7 RESOLUTION#2006-226 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY STEPHEN K. TILBROOK, ESQ., ON BEHALF OF THE PROPERTY OWNER HARBOUR TOWNE ASSOCIATES, FOR PROPERTY GENERALLY LOCATED AT 801 NE 3RD STREET, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER; PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2006-226, with the condition that there be no outside entertainment and no outside speakers, as well as the conditions outlined in the staff report; seconded by Commissioner Bertino. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury No Commissioner Fetscher Yes Vice-Mayor Anton clarified with Director Leeds that the landscaping had been shown by the applicant on the Site Plan. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,December 12,2006-7:00 p.m. City Attorney Ansbro advised Items #9.8 and #9.10 were quasi-judicial matters and swore-in all who would speak. Item #9.8 was heard after Item #9.3 9.8 RESOLUTION#2006-218 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ANTHONY AND BENNIE MAE MOULTRY, FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT,YARD AND BULK REGULATIONS",FOR PROPERTY LOCATED AT 220 SW I ITx AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-218. Laurence Leeds, Community Development Director, explained the location of the property. He advised the applicant is requesting a variance for the installation of two carports, and added that in the past, staff has not supported carports within single family front yards. The Planning and Zoning Board recommended installation of two "canvas covered" carports in lieu of two permanent carport structures. Anthony Moultry, 220 SW 1Ith Avenue, property owner, requested consideration and approval of his request and commented that adding two carports to their home would increase the value of their property and enhance their neighborhood. William Osborne, architect for the project, showed a drawing with the carports and felt that permanent carports would make the place look better. Director Leeds confirmed for Mayor Flury that there are no objections from the neighbors. Mayor Flury opened the Public Hearing. C.K. McElyea, 229 SE 2nd Terrace, former Commissioner, commented he has been a neighbor of the Moultry family for the past 40 years. He supported their request. Charles Williams, 712 SW 2nd Terrace, noted the Moultry family has made a lot of improvements to their.property, and have always tried to enhance the look of the community. He supported the request. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Mayor Flury indicated she would rather have a permanent structure than a canvas covered carport. Commissioner Castro confirmed with the architect for the project that the request is for an open carport, hard roof permanent structure. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. Commissioner Bertino noted he would have no problem with a permanent structure. However, he is concerned that if this house is sold in the future, they may turn the carports into rooms. Director Leeds advised they would not be able to convert it because they would need to provide parking. He suggested approving the variance subject to the condition that there would be no modifications to enclose the structure. Commissioner Bertino motioned to adopt Resolution #2006-218; with the condition that two carports would only be carport enclosures and would not be enclosed or turned into a garage; seconded by Commissioner Castro. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher No Item #9.10 was heard before Item #9.9 9.9 RESOLUTION#2006-219 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY LEE S. VICKERS, FROM CHAPTER 28, "ZONING", ARTICLE 5.36, "WALLS, FENCES AND HEDGES", FOR PROPERTY LOCATED AT 112 NW 14TH WAY, DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-219. Laurence Leeds, Community Development Director, explained the location of the property. He advised the request is for a variance to allow the installation of a concrete wall that is 6 feet high in the front yard; code restricts wall height to 4 feet in front yards. Director Leeds further noted that BSO would not support a six feet wall along NW 141h Way, since it would not conform to CPTED, for security and privacy. The Planning and Zoning Board recommends denial of the request. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Lee Vickers, 112 NW 14`h Way, applicant, asked if he could have the 6 foot wall and a gate. Director Leeds would like the applicant to discuss the matter further with the Building Official. Vice-Mayor Anton motioned to continue Resolution #2006-219, until the January 9, 2007 City Commission meeting at 7:00 p.m; seconded by Commissioner Fetscher. The motion carried unanimously. Item #9.10 was heard after Item #9.8 Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. 9.10 RESOLUTION#2006-220 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY SAM ENGEL ASSOCIATES, REPRESENTING REVEREND TIMOTHY T. SHELLMAN, SENIOR PASTOR OF SAINT RUTH MISSIONARY BAPTIST CHURCH, FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 145 NW.5Tx AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2006-220. Corinne Church, Principal City Planner, advised the applicant is requesting a variance to allow the construction of an entrance addition to the east side of the existing Church building. She further noted that the current building is an existing non-conforming building, and the new entrance would consist of an open-air covered entrance. The Planning and Zoning Board recommends approval of the request. Sam Engel, Jr., Architect for the project, explained they need to provide access for the disabled through the main entrance of the facility and make it ADA compliant. Mayor Flury opened the Public Hearing. Albert Jones, 722 SW 3rd Street, stressed the importance of having a covered entrance at their church. He supported the request. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Bertino motioned to adopt Resolution #2006-220; 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 t 9.11 RESOLUTION#2006-199 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY BOAZ COHEN,FROM CHAPTER 28,"ZONING",ARTICLE 28, "SIGNS", FOR PROPERTY LOCATED AT 1410-1420.SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Laurence Leeds, Director of Community Development explained the applicant is requesting size, height and setback variances, to install a monument sign at an existing shopping center. Staff and the Planning and Zoning Board recommend approval. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Mayor Flury thought the sign looked fine, but suggested reducing the height. Commissioner Bertino agreed with Mayor Flury and asked the applicant to speak. Boaz Cohen, 1410-1420 S. Federal Highway, property owner, explained he wanted a 12 foot sign to improve the identification of businesses located in the shopping center. Commissioner Fetscher suggested limiting the height and giving him more width. Mayor Flury recommended a maximum 8%2 foot sign. Commissioner Bertino motioned to adopt Resolution #2006-199, with the following conditions: the sign should be 8Y2 feet high; the dumpster will remain in the rear of the building, and the applicant will maintain the landscaping along the front of his building; seconded by Vice-Mayor Anton. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro No Mayor Flury Yes Commissioner Fetscher No 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino asked Director Leeds to have an inspector check a two-story duplex on Old Dixie Highway Extension, on 7th Street. He indicated the roof is falling apart and it should be declared an unsafe structure. Commissioner Bertino commented the Department of Environmental Protection is planning to lower the water standards for the canals which will affect the canals in our City. He requested a Resolution, or a letter from the Mayor, to oppose this measure. It was the consensus of the Commission to direct the City Manager to prepare a letter, for the Mayor's signature, to the Department of Environmental Protection. Commissioner Bertino advised the State of Florida cut the funding for education dealing with HIV. He further noted that the Broward County Health Department is calling for municipalities to get involved, since this is a problem that affects our entire County. Commissioner Bertino would like the City to take steps to help the Broward County Health Department in their efforts to fight AIDS, and hoped the rest of the cities in the County would do the same. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. It was the consensus of the Commission to direct the City Manager to have the Parks and Recreation Department help the Broward County Health Department with the distribution of any information on AIDS and AIDS prevention. 10.2 Commissioner Castro Commissioner Castro advised BSO distributed a News Release related to the stolen toys intended for 400 juvenile cancer patients. She noted the Starlight Foundation contacted Joe Van Eron to reach out to BSO and the Firefighters to try to get the toy supply back where it belongs. Commissioner Castro encouraged everyone to contribute with donations or new toys. Commissioner Castro asked staff about the status of the Copa building. She noted they now have a fence around it and wanted to know what we are planning to do with it. City Attorney Ansbro advised that according to the Building Official, the building can be rebuilt, so they have been given six months to submit plans and their insurance will cover the renovations. Commissioner Castro thanked Fire Chief Ken Land for his many contributions to the City and wished him a happy retirement. Commissioner Castro wished everyone Happy Holidays and a Prosperous New Year. 10.3 Commissioner Fetscher Commissioner Fetscher advised that two schools in our City, Collins Elementary and Dania Beach Elementary, will be receiving a donation of 70 VCR's and DVD's which will be delivered tomorrow. 10.4 Vice-Mayor Anton Vice-Mayor Anton commented he had the pleasure of working with Fire Chief Ken Land for many years in several different projects in the City. He congratulated Chief Land on his 37 years of service to the City and wished him a very happy retirement. Vice-Mayor Anton wished everyone a Merry Christmas and a Safe and Prosperous New Year. 10.5 Mayor Flury Mayor Flury questioned the street closure on Sheridan and SE 2"d. City Manager Pato advised the company that owns the barricades picked them up by mistake. He will check with Public Services Director Orlando and update the Commission tomorrow. Mayor Flury suggested a note be sent with the water bills to remind property owners to put up their dumpster enclosures. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. Vice-Mayor Anton agreed with sending a reminder that the Ordinance is in effect. Commissioner Bertino questioned the cost of a dumpster enclosure permit. He suggested waiving the permit fee if the property owner complied with the Ordinance before the expiration date. City Attorney Ansbro noted permit fees cannot be waived; it is a State Statute and cannot be changed. Mayor Flury asked City Manager Pato if the request submitted by Le Beau Acres neighbors had been processed. City Manager Pato responded in the affirmative. Mayor Flury wished everyone a Happy Holiday and a Healthy New Year. Item #11.1 was heard after Item #4.2 11. Discussion and Possible Action 11.1 Discussion on document imaging all Airport related documents, and discussion of Noise Contours—Vice-Mayor Anton Vice-Mayor Anton commented people in the City are probably aware that the airport expansion issue is moving forward. The Part 150 Study Draft is published and the EIS has been postponed, however, they expect a final decision by July 2007. As a result of this, he and the City Manager recently met with the attorneys at White & Case, and Brenda Chalifour, our Special Attorney for airport matters, to implement a strategy for possible litigation. Vice-Mayor Anton noted that over the years, former Commissioner Bob Mikes kept boxes of airport information which are extremely valuable, and we need to find a way to categorize these records. He further indicated that Neal McAliley, White & Case, provided a price to convert the documents into an electronic format. In the meantime, he met with the City Manager, City Clerk, and Chuck Cook of the Information Systems Department, and it was decided to have the work done in-house with the help of Brenda Chalifour. He further noted there have been several Noise Contours over the years, and we need to contract with a firm that is able to deal with this issue. He introduced Neal McAliley, White & Case LLP, for a brief presentation. Neal McAliley, White & Case LLP, advised there are two important tasks that should be considered when contracting with an outside Noise Consultant. First, to provide on-going assistance to the City to analyze Noise Studies, and secondly, to work on the historical analyses of Noise levels back to 1990. Attorney McAliley further indicated they have identified an Aviation Consulting Firm that worked for the City in 2002, Morton, Buyer and Agnew, based in Washington, D.C. He noted their fees would be $1,000-$2,000 per day, depending on the seniority of the individual performing the work. As to the Historical Noise Analyses, he stated Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. the initial part has been quoted not to exceed $25,000, and if it is necessary to go forward with this part, it would not exceed $85,000. Attorney McAliley clarified that they would be working under the supervision of White & Case and would be subject to final negotiations by the City Manager. Commissioner Bertino questioned how many days it would take for these tasks to be accomplished. Attorney McAliley indicated he could not say, considering there might be documents that have not yet been issued. He pointed out they would do their best to keep the cost as low as possible. Commissioner Castro thought we could prepare a Retainer Agreement, with an hourly rate, and use them as needed. Commissioner Fetscher asked how many other organizations, such as FAA, were doing the same thing. Vice-Mayor Anton advised there are a number of Noise Contours as part of the Part 150 Study, and it will be critical to have accurate information. He further stated that the City would be expending approximately $85,000-$100,000 on Noise Contours matters; $9,800 for the software to allow us to scan documents, and a not to exceed sum of $10,000 for Attorney Brenda Chalifour to review the records and decide what needs to be scanned. Mayor Flury clarified for the record that these funds have been set aside for a long time. She further recognized Vice-Mayor Anton, Commissioner Castro, Attorney Neal McAliley, the Airport Advisory Board, and the Melaleuca Homeowners Association for their efforts to stay ahead of the FAA and the Airport Authority. Commissioner Castro remarked this problem will affect a large part of our City, not just a specific area. Vice-Mayor Anton motioned to direct the City Manager and the City Attorney to enter into an agreement to hire consultants on a research basis to help with the documentation process; to authorize the City Manager to purchase the software outlined by the Information Services Department; and to pay Brenda Chalifour an amount not to exceed $10,000; 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 11.2 Discussion of Gasoline Ordinance—Fire Chief Ken Land Fire Chief Ken Land advised he met with the Marine Advisory Board on various occasions. A majority of the members voted to allow gas and diesel to be delivered into the neighborhoods, Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,December 12, 2006—7:00 p.m. and to restrict large tankers to 2800-3000 gallons. He noted the current Ordinance definitely 10 needs some changes. Fire Chief Land commented we should have a requirement in the Ordinance that diesel delivery trucks should be checked by DOT. He indicated he has not found any other city that prohibits this type of fueling. Vice-Mayor Anton advised he also attended the Marine Advisory Board meeting where they discussed the Gasoline Ordinance, and noticed that almost everyone supported it. He commented he is impressed with the safety record from some of the companies involved in this type of business. Vice-Mayor Anton recommended the trucks be inspected by DOT, or the State, as well as the Fire Department. He further indicated that the City of Hollywood does it and suggested having our staff trained to provide this type of inspection. Vice-Mayor Anton asked City Attorney Ansbro to move forward with preparation of the Ordinance. Commissioner Castro suggested the draft Ordinance should include the truck size limitations and any other safety features. It was the consensus of the Commission to direct Fire Chief Land and the Fire Marshal to work with the City Attorney in drafting the Gasoline Ordinance and bring it back in January 2007. Commissioner Castro recognized BSO Lt. Kevin Grantville in the audience, and noted he has returned to our district. Lt. Grantville commented he served in Dania Beach some years ago and left as a Sergeant. He is back as a Lieutenant and is happy to be able to serve the community. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Pato asked for Commission direction to extend the contract for Security Services at the Dania Beach Marina. He asked if they felt comfortable with the present arrangements and if so, requested approval for additional funding. Patricia Varney, Finance Director, advised they would need approval for $40,000 until April 2007, when it can be decided whether to keep the service or go out to bid for these services. She further noted that $80,000 was budgeted for this fiscal year to cover security services at the Marina. Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. ® Mark Felicetty, Senior. Program Manager, Parks and Recreation Department, pointed out that Director Jones has been able to negotiate lower rates with the present company, Statewide Enterprises. Commissioner Bertino motioned to allocate $40,000 to pay for security services at the Dania Beach Marina until May 1, 2007; 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 City Manager Pato reiterated it has been a pleasure working with Chief Land. He noted he has always been responsive to this Commission and has helped him negotiate some tough issues with the Fire Department. City Manager Pato thanked Chief Land for his support, for showing balance and leadership, and congratulated him for having a first-class department. Chief Land stated he enjoyed coming to work everyday. The excitement of the job, the people you get to work with, and mainly being able to help people, makes you feel better. He thanked everyone for helping him to run his department and for giving him the opportunity to serve the City. City Manager Pato wished everyone a Happy Holiday Season. 13.2 City Attorney City Attorney Ansbro remarked it has been an honor to work with Fire Chief Land. He added Chief Land was always surrounded by dedicated people and thanked him for his legacy, in addition to the one his father left to this City. City Attorney Ansbro wished everyone a happy and safe Holiday Season. 13.3 City Clerk—Reminders Wednesday, January 3, 2007— 5:30 p.m. —Regular CRA Board Meeting Tuesday, January 9, 2007 —7:00 p.m. —Regular City Commission Meeting Thursday, January 11, 2007—6:00 p.m. —Workshop - City-Wide Traffic Control Issues Thursday, January 18, 2007—6:00 p.m. —Abatement Hearing Tuesday, January 23, 2007—7:00 p.m. —Regular City Commission Meeting 14. Adjournment Mayor Flury adjourned the meeting at 9:52 p.m. Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m. ATTEST: CITY OF DANIA BEACH at'c�_ LOUISE STILSON, CMC PATRICIA FLURY CITY CLERK MAYOR-COMMISSIONER Approved: January 9, 2007 i • Minutes of Regular Meeting 21 Dania Beach City Commission Tuesday,December 12,2006—7:00 p.m.