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HomeMy WebLinkAboutNULL (554) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION WEDNESDAY, FEBRUARY 14, 2007 - 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 Rabbi Avram Skurowitz, Maimonides Academy, 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 City Clerk: Louise Stilson 4. Presentations and Special Event Approvals 4.1 Presentation to Commissioner C.K. McElyea Mayor Flury and the City Commission presented a plaque to former City Commissioner C.K. "Mac" McElyea, for his many years of service to the City of Dania Beach and the community. Former Commissioner McElyea thanked everyone for supporting him during his years of service to the City. 4.2 Presentation to Fire Chief Ken Land Fire Chief Ken Land was unable to attend tonight's meeting. This presentation will be re- scheduled at a later date. 4.3 Firefighter of the Year Award Deputy Fire Chief Cassano presented the 2007 Firefighter of the Year Award to Firefighter/EMT Steve Adams, who has worked for the City for the past 31 years. He also recognized his son Josh Adams for all the Ham Radio work he has provided to the Dania Beach Fire Department. Steve Adams and his son Josh Adams, thanked the Commission and the Fire Department for the opportunity to serve the City. 4.4 BSO Preliminary Report on 2006 Statistics BSO Chief Larry Rogers presented an overview of overall crime throughout the City. He distributed a map to the Commission identifying the crime zones within the City. Major Rogers pointed out this is an internal database prepared by BSO and it is not published as an official record of crime statistics. They rely on the Uniform Crime Report (UCR) prepared by the FBI, which should be available in May. Major Rogers noted the following: ® Auto theft increased slightly • Burglary conveyance decreased 0 Business burglary decreased © Burglary residence decreased o Burglary structure decreased © Robberies decreased considerably a Theft in general decreased slightly o Crime and arrests decreased slightly ® Calls for service decreased Major Rogers thanked the men and women who offer such good service to the community. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Ralph Eddy, 150 SE 3rd Avenue, asked why we have so many elections. He questioned why we could not have a one-time election, since this is costing the taxpayers a lot of money. Mayor Flury advised this subject has been discussed at a prior meeting and indicated that we would deal with this matter after the March Election. Kurt Ely, 245 SW lst Avenue, commented on Item 47.10 of tonight's Agenda. He noted that the intersection of Dixie Highway and SW 2nd Avenue is a dangerous corner and the traffic light that was originally there was removed by FDOT. Mr. Ely further pointed out that because Sheridan Minutes of Regular Meeting 2 Dania Beach City Commission Wednesday, February 14,2007—7:00 p.m. Street is closed, Dixie Highway has become a major highway for people coming from Hollywood to Dania Beach. He thought a roundabout would be a tragedy, and a traffic light should be re-installed. Mayor Flury noted this would be discussed when the item is brought forward on the agenda. City Manager Palo introduced Jay Jackson, newly hired Dockmaster for the Dania Beach Marina, to the City Commission. 7. Consent Agenda Items pulled from the ConsentAgenda: #7.7, #7.10, #7.13, and#7.16 7.1 Minutes: Approve Minutes of the January 18, 2007 Abatement Hearing Approve Minutes of the January 23, 2007 City Commission Meeting 7.2 Travel Requests: Request of Pansy Warwick, Occupational License Coordinator, to attend the Florida Association of Occupational Licensing Officials State Conference, from April 24-27, 2007 in Orlando Florida, for certification purposes. (Estimated cost $750, remaining balance $4,608) Resolutions 7.3 RESOLUTION #2007-018 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, EXPRESSING THE OFFICIAL INTENT OF THE CITY TO FINANCE THE ACQUISITION AND INSTALLATION OF A GENERATOR AT THE CITY HALL COMPLEX BY INCURRING DEBT AND TO USE THE PROCEEDS FROM SUCH DEBT TO REIMBURSE THE CITY FOR EXPENDITURES MADE PRIOR TO THE SUCH DEBT BEING INCURRED; PROVIDING FOR PUBLIC AVAILABILITY FOR INSPECTION OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2007-019 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF REPAIR SERVICES FROM JOHN P. DOWNS COMPANY INC., A COMPANY, IN AN AMOUNT NOT TO EXCEED $20,000.00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION 92007-020 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO AN AGREEMENT WITH BROWARD COUNTY AND THE CITY FOR PUBLIC TRANSPORTATION SERVICES WHICH AGREEMENT PERTAINS TO TWO (2) Minutes of Regular Meeting 3 Dania Beach City Commission Wednesday, February 14,2007—7:00 p.m. SHUTTLE BUSES AND EXPANDED BUS SERVICE TIMES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2007-028 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF WELDING AND REPAIR SERVICES FROM KAM MACHINE SHOP OF BROWARD COUNTY, A COMPANY, IN AN AMOUNT NOT TO EXCEED $15,000.00 FOR THE REMAINDER OF FISCAL YEAR 2006-2007, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2007-029 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR THE 33`d YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (2007-2008) IN THE APPROXIMATE AMOUNT OF $402,478.00, TO PROVIDE FUNDING FOR THE NORTHWEST COMMUNITY OUTREACH CENTER PROJECT LOCATED IN CENSUS TRACT 805.002; 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); AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO IMMEDIATELY BEGIN THE DESIGN, PERMITTING, AND CONSTRUCTION OF THE CENTER FOR A CITY MATCH OF THE PROJECT IN THE AMOUNT OF APPROXIMATELY $702,770.00 WITH FUNDING DERIVED FROM FINANCING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-029. Commissioner Castro commented this was the final year to receive funding for this CDBG project. She wanted to have a better general sense of the project, since it has not been discussed for some time. City Manager Palo clarified for Commissioner Castro that the figures shown in the back up for this item are a year old. Mayor Flury referred to the list of current CDBG projects included in the CDBG Application. She noted these funds have to be used by September 30, 2007, and asked how they are being allocated. Patricia Varney, Finance Director, confirmed for Mayor Flury that the funds have already been designated for street lighting projects. Commissioner Castro motioned to approve Resolution #2007-029; 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 Wednesday, February 14, 2007—7:00 p.m. 7.8 RESOLUTION #2007-027 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING WATER AND SEWER EXTENSION \POLICY; PROVIDING FOR THE REQUIREMENTS FOR DEVELOPMENT OF WATER TRANSMISSION AND DISTRIBUTION FACILITIES, AND WASTEWATER COLLECTION AND TRANSMISSION FACILITIES WITHIN THE AREA SERVED BY THE CITY UTILITY SYSTEM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION #2007-030 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT WITH ELAN LAWN AND LANDSCAPE SERVICES IN AN AMOUNT NOT TO EXCEED $91,150.00 FOR EXOTIC VEGETATION REMOVAL AT SITE 449 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION #2007-031 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE APPROVAL OF A WORK AUTHORIZATION FOR KIMLEY-HORN AND ASSOCIATES, INC. IN THE AMOUNT OF $20,000.00 FOR DESIGN OF A ROUNDABOUT AT THE INTERSECTION OF DIXIE HIGHWAY AND SW 2ND AVENUE; AUTHORIZING FUNDS; 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 42007-031. Commissioner Castro commented she was pleasantly surprised to see this item on the agenda since this matter had been discussed several times in the past, but no action was ever taken. She indicated it refers to the 2„d Avenue Corridor, which was derived from a CPTED Study. Commissioner Castro also commented that an Urban Infill Study was contracted, but a report was never received. She noted that the Neighborhood Improvements Advisory Board decided CPTED Studies would not be included in the Bond money. Commissioner Castro thought the roundabout suggested by the engineers, as opposed to a traffic light, would solve the problem. Commissioner Bertino was against installing a roundabout and commented engineers suggested this traffic calming device because they do not live in the City. He thought a traffic light would make more sense. Vice-Mayor Anton disagreed with Commissioner Bertino and thought the roundabout would discourage people from using our neighborhoods for cut-through traffic. He . noted the roundabout should work in conjunction with the intersection at 2nd Avenue and the additional roundabout. The traffic light would be a preferable option, but Dania Beach does not have the traffic count required for it. Commissioner Castro commented that roundabouts have been used in most redevelopment areas in other cities, and they add art and greenery to the community. Commissioner Bertino suggested installing four stop signs with the roundabout, as opposed to Minutes of Regular Meeting S Dania Beach City Commission Wednesday, February 14,2007—7:00 p.m. yield signs. He suggested doing it on a trial basis to see if it works. Commissioner Fetscher motioned to approve Resolution #2007-031, as presented; seconded by Commissioner Castro. Mayor Flury commented that the community has worked on this project for over two years and residents will have a lot of input in what they want in their neighborhoods. Dominic Orlando, Director of Public Services, clarified for the Commission that the Work Authorization being approved tonight is for design services. Kimley-Horn will decide what is best for the area and bring their recommendations to the Commission at a later date. 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 7.11 RESOLUTION 42007-034 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SECOND AMENDMENT TO AN AGREEMENT EXISTING BETWEEN THE CITY OF DANIA BEACH AND ROBERT MCDONALD AND ASSOCIATES, P.A., DATED APRIL 20, 1999, TO UPDATE ARCHITECTURAL AND CONSULTING COSTS RELATING TO CONSTRUCTION OF THE CITY OF DANIA BEACH PUBLIC SAFETY FACILITY (FIRE- RESCUE STATION 93), TO REFLECT ANTICIPATED AND REQUIRED SERVICES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.12 RESOLUTION #2007-035 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE REPLACEMENT AND INSTALLATION OF SIDEWALK SERVICES IN AN AMOUNT NOT TO EXCEED$80,000.00 IN FISCAL YEAR 2006-2007, FROM STRAIGHTLINE ENGINEERING SERVICES AND MEF CONSTRUCTION INC., UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID#05-06-012; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.13 RESOLUTION #2007-036 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE APPROVAL OF A WORK AUTHORIZATION FOR KIMLEY-HORN AND ASSOCIATES, INC. IN THE AMOUNT NOT TO EXCEED $24,750.00 FOR CONSTRUCTION PHASE SERVICES FOR INSTALLATION OF MAST ARM TRAFFIC SIGNAL AT THE INTERSECTION OF DANIA BEACH BOULEVARD AND SE 5`h AVENUE; AUTHORIZING FUNDS; 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 #2007-036. Commissioner Castro indicated she pulled this item to bring it to everyone's attention. She noted the installation of a traffic light at this intersection has been needed for a long time. Minutes of Regular Meeting 6 Dania Beach CityCommission Wednesday, February 14,2007—7:00 p.m. Commissioner Castro asked for a timeline on this project. Dominic Orlando, Director of Public Services, advised that all work must be completed by September 1, 2007. Commissioner Castro motioned to approve Resolution 42007-036; 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 7.14 RESOLUTION #2007-037 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES FROM CHEN AND ASSOCIATES RELATING TO THE NEIGHBORHOOD IMPROVEMENT PROGRAM; PROVIDING THAT THE COST FOR SUCH SERVICES SHALL NOT EXCEED TWO HUNDRED THIRTY-EIGHT THOUSAND TWO HUNDRED NINETY TWO DOLLARS ($238,292.00); PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.15 RESOLUTION #2007-038 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE PROFESSIONAL SERVICES IN AN AMOUNT NOT TO EXCEED $5,100.00 FROM H.T.E. INC., FOR THE PURCHASE OF THE SUNGARD H.T.E. ASP PROGRAM "CODE ENFORCEMENT CLICK2GOV ONLINE SERVICES", FOR PAYMENTS OF A STARTUP FEE AND MONTHLY ACCESS; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.16 RESOLUTION #2007-039 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT WITH BROWARD COUNTY PERTAINING TO A MASTER PLAN FOR THE DANIA BEACH LIBRARY AND RELATED PARKING FACILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-039. Commissioner Castro wanted to recognize those who have worked so hard on this project. She commended the City Manager, City Attorney and Director Leeds for moving this project forward. Commissioner Castro motioned to approve Resolution #2007-039; 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 Wednesday, February 14,2007—7:00 p.m. Ordinances (Title read by City Attorney) 7.17 ORDINANCE #2007-002 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY RENE MILLER WITH THE FIRM MILLER LEGG & ASSOCIATES, INC., REPRESENTING THE PROPERTY OWNER, MARINA MILE PARK OF COMMERCE, LLC., FOR THE "DJP AIRPORT WEST' PLAT, SUCH PROPERTY BEING GENERALLY LOCATED ON THE WEST SIDE OF SW 26T" TERRACE BETWEEN SW 32ND STREET AND SW 33RD 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 "DJP AIRPORT WEST' PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Bertino motioned to approve the Consent Agenda, with the exception of Items 47.7, #7.10, 47.13 and #7.16; 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 Item #9.6 was heard before Item #8 8. Bids and Requests for Proposals 8.1 RESOLUTION 42007-032 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF CONTRACT FOR SOLAR STREET LIGHTING; AUTHORIZING THE AWARD OF BID TO CAPRI INDUSTRIES INC. FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE PURCHASE AND INSTALLATION OF THE SOLAR LIGHTS 1N THE AMOUNT OF $1,077,390.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-032. Dominic Orlando, Director of Public Services, advised that the Bid Committee recommended the lowest bidder, Capri Industries, Inc. He commented that Horsepower Management Services, Inc., the second lower bidder, was rejected by Broward County, who is funding part of this project, because they do not meet the criteria for MWBE. William Walton, 228 SE Park Street, distributed relevant information to the Commission. He advised that the lowest priced bid did not meet some of the specifications, including the wind certification, however, the second lowest bid did. Mr. Walton commented the City should reduce the number of lights to save money. He commented we would be the only community installing solar street lights, and everyone will be watching us. He pointed out that if the City Minutes of Regular Meeting 8 Dania Beach City Commission Wednesday, February 14,2007—7:00 p.m. sets the standards, we should abide by them. Mr. Walton thought the City should not purchase a deficient product and added that Chen and Associates did not specialize in solar lighting. He requested delaying the vote until each Commissioner has time to speak to an expert solar consultant. Commissioner Bertino asked City Attorney Ansbro to comment on legalities; and Director Orlando to talk about the safety of the lights. City Attorney Ansbro indicated there was no reason to question the bid process and how it was conducted. Director Orlando advised they evaluated both products and found them to be equal. Jim Goldsberry, Project Manager, Capri Industries, Inc., advised they have an office in Pembroke Pines and their Corporate Office is in St. Augustine. He confirmed for Mayor Flury that they installed solar lights in Pembroke Pines about two months ago. Mr. Goldsberry also indicated that his company meets all wind load specifications and offers a high quality product. Mr. Goldsberry noted his company has been installing light fixtures for 14 years. Mayor Flury commented that she would like more information as backup material, when making a decision to expend $1 M. Oscar Bello, Chen & Associates, advised that based on their review of the GE photometry, this would not be a higher impact than the Cobra head lights currently in use. He confirmed for Commissioner Castro that the lights would be far enough from the pole to light the street and not the lawns or houses. Commissioner Bertino asked if the company had a Dade County product approval, showing they meet all the hurricane standards and requirements. Steve Robbins, president of Solar Electric Power Company (SEPCO), advised they are pioneers in this business and that.they sold the first solar street light in the State of Florida to the City of Hollywood in 1996. He commented his name has appeared in literature such as "Public Science" and "National Geographic". Mr. Robbins further confirmed for Commissioner Bertino that they have always had structural analysis, and their systems meet Miami/Dade Codes and have been certified to exceed 150 mph wind force. Mayor Flury opened the Public Hearing. Albert Jones, 722 SW 3`d Avenue, would like to know if the companies bidding for this project meet the Minority/Women Business Entities (M/WBE) requirement, and if that is not the case, we should look at another company with all the specifications. Thomas Ward, Vice President of Sales, Marketing and Technical Support of SOL Inc., pointed out that the two photos in the documents referred to by Mr. Robbins, are the property of SOL, Inc., not SEPCO. He also thought it was a good idea to continue this item until the City can find Minutes of Regular Meeting 9 Dania Beach City Commission Wednesday, February 14, 2007—7:00 p.m. an independent professional solar engineer who would be able to confirm the lights meet all the specifications. Mr. Ward also suggested that a certified statement from the engineer should specify that a 150 mph exposure D should be a vertical uplift, not lateral. John Bartley, 201 SE 2,d Avenue, wanted the City to make sure that the company doing the job has the required product approval from Dade County. William Walton would like everyone to look at the history of solar lighting installation by Capri, versus Hercules, who does most of the work for the State of Florida, as well as several other cities. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Oscar Bello, Chen & Associates, advised that Broward County usually lets the consultants rely on the selected company to provide the specifications. He confirmed for the Commission that the lights will stand up to 150 mph. He also clarified that Capri meets M/WBE requirements and Horsepower does not. Mr. Bello further indicated that Chen and Associates has experience in street lighting throughout South Florida, and solar lighting is a simpler design. Mayor Flury commented the City is paying Chen and Associates to have a report for us, and suggested they bring back a detailed analysis of each of these companies to the February 27, 2007 Commission meeting. She would also like to have information on the project manager, i.e., valid documentation showing his experience and background. Commissioner Bertino motioned to continue Resolution 92007-032 until the February 27, 2007, City Commission meeting at 7:00 p.m.; seconded by Commissioner Castro. City Attorney Ansbro suggested having the product tested before moving any further. Director Orlando was concerned that if the project was delayed we could lose the County portion of the funding. 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 #2007-040 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF A BID TO TROPIC FENCE, INC. IN THE AMOUNT OF $27,863.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 10 Dania Beach City Commission Wednesday, February 14,2007—7:00 p.m. City Attorney Ansbro read the title of Resolution 42007-040. Commissioner Castro motioned to approve Resolution #2007-040; 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. Public Hearings and Site Plans 9.1 ORDINANCE #2007-001 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA REPEALING SECTION 17-19.1 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS ENTITLED "GASOLINE AND OTHER PETROLEUM PRODUCTS PROHIBITED IN RESIDENTIAL AREAS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-001. He noted this law would allow fuel delivery in residential neighborhoods. City Attorney Ansbro advised that a separate Ordinance would be forthcoming to prohibit trucks that exceed 2,800 gallons in capacity. 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 42007-001, 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 42005-029 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE TRANSPORTATION ELEMENT OF THE CITY OF DANIA BEACH COMPREHENSIVE PLAN; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2005-029. Laurence Leeds, Director of Community Development, advised this is a requirement of the State of Florida. Mayor Flury opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Minutes of Regular Meeting ' 11 Dania Beach City Commission Wednesday, February 14, 2007—7:00 p.m. Vice-Mayor Anton motioned to adopt Ordinance #2005-029, 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 City Attorney Ansbro advised the remaining items were quasi-judicial matters and swore-in all who would speak. He asked the Commission to disclose any communication they had on these matters. 9.3 RESOLUTION 92007-021 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN BOND FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 1085 SE 6TH AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-021. Corinne Church, Principal City Planner, advised the applicant is requesting a variance to construct an addition to a single family,home with a six foot side rear setback and a 10.5 foot rear yard setback. She noted the Planning and Zoning Board recommended approval. Vice-Mayor Anton confirmed there were no complaints from the adjacent neighbors. 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 Resolution #2007-021; 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 9.4 RESOLUTION #2007-022 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY J01 N BARTLEY ON BEHALF OF JEFF GUZOWSKI, FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 238 SE 2ND STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-022. Minutes of Regular Meeting 12 Dania Beach City Commission Wednesday, February 14,2007—7:00 p.m. Corinne Church, Principal City Planner, advised the applicant is requesting a variance for the construction of an addition to a single family home that is set back ten feet from the rear lot line. She indicated the Planning and Zoning Board recommended approval. Mayor Flury opened the Public Hearing. Ralph Eddy, 150 SE 3`d Avenue, commented he lives across the street from the project. He noted it will improve the value of the property, and recommended approval. 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 #2007-022; 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 9.5 RESOLUTION #2007-023 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY CLYDE AND VICTORIA NANAN, FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY GENERALLY LOCATED AT THE 200 BLOCK OF NW 14TH WAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-023. Laurence Leeds, Director of Community Development, explained the location of the property and indicated the applicant is requesting a variance to construct a new single family home on a vacant lot. The plans submitted by the applicant show the project meets Code requirements for lot coverage, pervious area and off-street parking. He further noted it is an undersized lot that is surrounded by existing homes on all sides. The Planning and Zoning Board recommended approval, provided stormwater is retained on site. Director Leeds commented that residents are concerned about flooding because the street is higher than the existing homes. He recommended approval, provided the drainage plan is reviewed by the Public Services Director. Commissioner Bertino suggested stem wall construction be required for all future homes. Mayor Flury opened the Public Hearing. Clancy Nanan, 4848 SW 251h Avenue, son of the applicant, questioned if the storm drain on the street worked. Mayor Flury suggested he discuss this issue with the Public Services Director. Minutes of Regular Meeting 13 Dania Beach City Commission Wednesday, February 14, 2007—7:00 p.m. 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 #2007-023, with staff conditions; 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 Item #9.6 was heard after Consent Agenda 9.6 RESOLUTION #2007-024 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JASON DUBOW, ESQUIRE REPRESENTING KATHERINE D. TROSCLAIR, FROM CHAPTER 28, "ZONING", ARTICLE 4, "SCHEDULE OF LOT, YARD AND BULK REGULATIONS" AND ARTICLE 6.21 "OFF-STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 36 SE 8T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-024. He swore-in all who would speak and asked the Commission to disclose any communication they had on this matter. Vice-Mayor Anton disclosed he spoke with Mr. Dubow. Laurence Leeds, Director of Community Development, advised the property is an existing duplex that was cited for having three illegal units, one of which was subsequently removed. He noted that the property now contains one legal and one illegal unit. The applicant is requesting two variances to allow the two-family dwelling to remain. Director Leeds noted that staff does not support the request because additional units were added without the City's approval. Also, there is only one electrical meter and one water meter on the site, as well as insufficient space on the lot to provide six parking spaces. Jason Dubow, attorney for the applicant, distributed letters from neighbors confirming they support this request, and that they think this is an effective use for the property. He indicated there have never been complaints regarding parking. Attorney Dubow advised that the subject property is owner-occupied and well maintained, and the applicant needs to rent the second unit in order to meet her financial obligations. Mayor Flury questioned if it would be possible to restrict this variance to the present owner. City Attorney Ansbro advised it would have to be voluntarily deed-restricted. Attorney Dubow indicated they would consider that option. Minutes of Regular Meeting 14 Dania Beach City Commission Wednesday, February 14,2007—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. Commissioner Bertino motioned to adopt Resolution 92007-024, with deed restriction to the present property owner, the property must be owner occupied, and the owner must allow the City to enter the property to insure the property remains a duplex; 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 Item 98.1 was heard after Item #9.6 Item #9.7 was heard after Item #9.5 9.7 RESOLUTION 42007-025 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY JOSEPH KALLER, ARCHITECT, REPRESENTING KEVIN HERRING JR., FROM CHAPTER 28, "ZONING", ARTICLE 4, "DISTRICT REGULATIONS", "SCHEDULE OF USE REGULATIONS", FOR PROPERTY GENERALLY LOCATED AT SW 4T" TERRACE AND PHIPPEN ROAD, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-025 and Resolution 42007-026 because they pertain to the same property. Corinne Church, Principal City Planner, explained the location of the property and advised the applicant is requesting a variance and site plan to allow the construction of a warehouse on a vacant lot. The Planning and Zoning Board recommended approval, subject to staff comments being addressed prior to the issuance of a building permit. Laurence Leeds, Director of Community Development, noted that in order to meet the minimum lot size, the developer would have to acquire the property to the north or south. He pointed out that if the variance is not approved, nothing can be constructed on this property. Director Leeds clarified for the Commission that there is a six foot wall, as well as landscaping, on each side. He confirmed that no objections were received at the Planning and Zoning Board meeting. Director Leeds noted that staff is not making a recommendation. The applicant is required to prove a hardship that justifies the variances. He advised the property is zoned industrial and rezoning would be required for residential, although it would not solve the problem. Mayor Flury opened the Public Hearings. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearings. Commissioner Castro .motioned to adopt Resolution #2007-025, with staff conditions; seconded by Commissioner Bertino. The motion carried on the following 5-0 Roll Call vote: Minutes of Regular Meeting 15 Dania Beach City Commission Wednesday,February 14,2007—7:00 p.m. Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes 9.8 RESOLUTION #2007-026 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY JOSEPH KALLER,ARCHITECT, REPRESENTING KEVIN HERRING JR., FOR PROPERTY GENERALLY LOCATED AT SW 4TH TERRACE AND PHIPPEN ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2007-026, with staff 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 9.9 RESOLUTION #2007-033 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST BY 1. KUSHNIR INVESTMENTS FOR A SECOND EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON JANUARY 24, 2006, AND EXPIRES ON JULY 10, 2007) RELATING TO THE APPROVALS OF VARIANCE VA-46-04 BY RESOLUTION 2005-024 (HEIGHT VARIANCE); SPECIAL EXCEPTION USE SE-36-04 BY RESOLUTION 2005-023; AND THE SITE PLAN REQUEST SP-16-05 BY RESOLUTION 2005-101; FOR PROPERTY GENERALLY LOCATED AT 109 SW PARK STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-033. Laurence Leeds, Director of Community Development, advised that approval was granted in 2005 to allow the construction of a 10-story building, and a subsequent extension approved in 2006, which will expire in July 2007. The applicant is requesting another extension until January 10, 2009. Bonnie Miskel, Ruden McClosky, Attorney for the applicant, noted the contractor breached their agreement by not getting the necessary permits, and the market plummeted during this time period. She advised the applicant intends to file the condominium documents with the state, and the City Attorney recommended applying for the extension today, before expending a significant amount of money on this process. Attorney Miskel asked the Commission to give this request a favorable consideration. Mayor Flury advised for the record, that she and City Manager Pato met with Mr. Kushnir approximately four months ago regarding this matter. Mayor Flury opened the Public Hearing. Minutes of Regular Meeting 16 Dania Beach City Commission Wednesday, February 14,2007—7:00 p.m. William Walton, 228 SE Park Street, was in favor of the extension. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Attorney Miskel confirmed for Commissioner Castro that the property has never been listed for sale. She indicated the request is for an additional 18 month extension, until January 2009. City Attorney Ansbro c larified for Commissioner Castro that the Commission could add a condition to the extension that the approval applies to this owner only and is not transferable. Attorney Miskel noted that the applicant should have the condominium documents finalized within 60 days. Vice-Mayor Anton thought we could wait until the expiration date in July, then consider the matter. Attorney Miskel advised it would be impossible to have permits by July. Vice-Mayor Anton would like to see this request come back in July showing some good faith efforts by the applicant, indicating his intention to move the project forward. Mayor Flury asked when developers need to meet the new proposed design guidelines. City Attorney Ansbro responded if an application is not filed by the time the new regulations become effective, they would have to comply with the new guidelines. Mayor Flury suggested approving a 12-month extension. Attorney Miskel advised the condominium documents require a significant fee to be paid to the state. Commissioner Bertino wanted a timeline from the applicant. City Attorney Ansbro swore-in the applicant, Israel Kushnir. Israel Kushnir, on behalf of the property owner, R.M. Works, Inc., explained that he intends to file condominium documents with the state, which would allow him to start non-refundable pre- construction sales. If they exceed sixty percent of the sales, they can obtain financing. He commented the apartments will be approximately $450,000, and he believes they will sell. City Attorney Ansbro confirmed for Commissioner Bertino that a condition will be included in the resolution stating that the laws for flipping of the property will apply. Minutes of Regular Meeting 17 Dania Beach City Commission Wednesday, February 14,2007—7:00 p.m. Attorney Miskel pointed out that there is no value to another developer if the project does not succeed. Vice-Mayor Anton wanted the applicant to get the documents stamped by the state then come back in July with an update. He added that $22,000 is not a lot of money, compared to what Mr. Kushnir has already spent on this project. Commissioner Castro motioned to grant a six month extension until December 2007, with the condition that it cannot be flipped. The motion died for lack of a second. Mayor Flury was in favor of granting an 18 month extension to show the applicant some kind of support. Vice-Mayor Anton pointed out that he will not vote for any extension until he has seen positive proof that the project is moving forward. Vice-Mayor Anton motioned to deny or delay the request until July 2007, seconded by Commissioner Bertino. City Attorney Ansbro advised the motion must be to deny the request. Vice-Mayor Anton confirmed the motion was to deny the request. The motion was defeated on the following 2-3 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Anton Yes Commissioner Castro No Mayor Flury No Commissioner Fetscher No Mayor Flury felt it was absurd, under the present real estate market circumstances, to deny a developer the opportunity to try again. Commissioner Castro motioned to adopt Resolution 42007-033, with a one year extension from July 2007, and that the approval only applies to the present owner, and for the owner to present updates to the Commission every six months, and that condominium documents must be,obtained within ninety days, and any staff conditions previously approved by the City Commission; seconded by Commissioner Fetscher. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino No Vice-Mayor Anton No Commissioner Castro Yes Mayor Flury Yes Commissioner Fetscher Yes Minutes of Regular Meeting 18 Dania Beach City Commission Wednesday,February 14,2007—7:00 p.m. 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino wished everyone a Happy Valentine's Day. He had no further comments. 10.2 Commissioner Castro Commissioner Castro congratulated the candidates on the Primary Election. She commented the voter turnout was very poor and encouraged everyone to vote in the General Election on March 13th. Commissioner Castro hoped the City Attorney was working on the process to consider moving our Municipal Election to November. 10.3 Commissioner Fetscher Commissioner Fetscher had no comments. 10.4 Vice-Mayor Anton Vice-Mayor Anton shared Commissioner Castro's concern on the low voter turnout and hoped for a higher number for the General Election. He asked the Public Services Department to make signs directing the voters to the right polling location for the General Election to be placed at City Hall. 10.5 Mayor Flury Mayor Flury requested a follow-up at the next meeting regarding the construction of the Beach bathrooms. Mayor Flury reminded staff that the Commission would like the owner of the Dania Beach Hotel to appear at the next Regular CRA meeting on March 7. Mayor Flury would like to have a Citizen Survey prepared every two years. It should be similar to the one done in the past, and the report presented to the City Commission before the budget process. Mayor Flury inquired on the feasibility of using law enforcement trust funds for the P.J. Meli Park fence. She thought this was a safety issue that needed to be addressed. Mayor Flury commented the City Manager distributed a notice to the Commission regarding turning over the management of the Dania Beach Marina to an outsider. She added there was no financial advantage to the City and suggested placing this matter on hold until we know that the Marina is ours. Minutes of Regular Meeting 19 Dania Beach City Commission Wednesday,February 14,2007—7:00 p.m. Vice-Mayor Anton agreed with Mayor Flury to put this matter on hold. He thought that the newly hired Dockmaster could try and see what could be done within a period of six months to a year. 11. Discussion and Possible Action There were no discussion items at this meeting. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Pato advised three finalists for the Letters of Interest received for the Library Master Plan project would be presented at the March 7 CRA Meeting. He indicated that immediately after the selection of the finalist, the City Commission would have to hold a Special Meeting for the selection and ranking of the firm to provide master planning and consulting services. City Manager Pato advised, on behalf of Director Leeds, that the First Reading of the TOD/TOC guidelines will be presented at the March 14 Regular Commission Meeting. The Second Reading of the law will be presented at the March 27 Regular Commission Meeting. Mayor Flury would like to hold the public hearings at separate meetings, not at Regular City Commission meetings because discussion on this matter could be lengthy. It was the consensus of the Commission to have the First Reading at the March 7 Special Commission Meeting, and the Second Reading at the March 14 Regular Commission Meeting. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk—Reminders Tuesday, February 27, 2007— 7:00 p.m. —Regular City Commission Meeting Wednesday, March 7, 2007— 6:00 p.m. —CRA Board Meeting Wednesday, March 14, 2007— 7:00 p.m. —Regular City Commission Meeting Thursday, March 15, 2007 —6:00 p.m. —Abatement Hearing Tuesday, March 20, 2007— 7:00 p.m. — City Commission Organizational Meeting Minutes of Regular Meeting 20 Dania Beach City Commission Wednesday, February 14,2007—7:00 p.m, Tuesday, March 27, 2007— 7:00 p.m. —Regular City Commission Meeting 14. Adjournment Mayor Flury adjourned the meeting at 9:50 p.m. AT EST: CITY OF DANIA BEA H LOUISE STI "SON, CMC PATRICIA FLURY CITY CLERK MAYOR-COMMISSIONER Approved: February 27, 2007 Minutes of Regular Meeting 21 Dania Beach City Commission Wednesday,February 14,2007—7:00 p.m.