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HomeMy WebLinkAbout6083 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION WEDNESDAY, MARCH 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 Reverend Gregory Pope, Bethel Missionary Baptist 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— left at 7:25 p.m. Commissioners: John Bertino Anne Castro Paul Fetscher City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson Mayor Flury and the City Commission presented a Certificate of Appreciation to Commissioner Fetscher for serving on the City Commission after Commissioner McElyea resigned to run for the Broward County School Board. Mayor Flury and the City Commission thanked Kristen Jones, Director of Parks and Recreation, for her work on the Pier Restaurant. City Manager Pato and the City Commission presented a Certificate of Recognition to BSO Deputy Tina Lacertosa for going above and beyond the call of duty when responding to a pedestrian accident on March 5, 2007. Deputy Lacertosa performed CPR on 78 year old Eric Eaton, who had mistakenly been pronounced deceased at the scene, until the Dania Beach Fire Rescue arrived. 4. Presentations and Special Event Approvals 4.1 Presentation to Fire Chief Ken Land Fire Chief Ken Land is out of town and unable to attend tonight's meeting. 4.2 Mayor Flury's Outgoing Comments Mayor Flury congratulated Bob Anton and Albert Jones on their successful election to the City Commission. She thanked Dr. Paul Fetscher for serving on the Commission, and former Commissioner McElyea for his years of service to the City. Mayor Flury also thanked City staff for their understanding and support. She recognized the community activists and leaders for helping to make this City a better place. Mayor Flury was pleased to report several accomplishments and noted her disappointment on some deficiencies that still need to be addressed. Finally, she encouraged everyone to work hard to move the City forward and expressed her gratitude for the opportunity to serve on the Commission. Vice-Mayor Anton thanked everyone who voted in the election, and all the people who volunteered to work for him in the election. He indicated that the traffic from the casinos will be a top priority for him in the coming year. Vice-Mayor Anton encouraged more people to come out and vote in upcoming elections. He also thanked the other candidates in the election. Vice- Mayor Anton commented that Congressman Ron Klein phoned him and sent him the comments he made on the floor of the Congress. The statement related to the decision of the City of Dania Beach to install solar lighting. He noted George Jason was at the Airport meeting at the County and could not attend tonight's meeting. Mayor Flury noted that the Broward County Commission was conducting a Public Hearing on the Ft. Lauderdale-Hollywood International Airport Mitigation Program for the Part 150 Noise Compatibility Study at 7:00 p.m. this evening. She requested that Vice-Mayor Anton attend the meeting. The City Commission concurred with the Mayor's request and Vice-Mayor Anton left the meeting at 7:25 p.m. 4.3 Special Event Request for Pirates World Reunion Festival 2007 to be held at Frost Park on March 31, 2007 from 11:00 a.m. — 8:00 p.m. Jim Silvernale thanked City staff for their help on the event. He invited everyone to attend the 2nd Annual Pirates World Reunion, and advised this is a charity event to benefit the Make a Wish Foundation. Commissioner Bertino motioned to approve the Special Event Request for the Pirates World Reunion Festival 2007; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Fetscher Yes Commissioner Castro Yes Mayor Flury Yes 4.4 Special Event Request for the 2"d Annual FAU Seaside Shindig to be held at Dania Beach and the FAU SeaTech Campus, on March 29-31, 2007 Minutes of Regular Meeting 2 Dania Beach City Commission Wednesday, March 14,2007—7:00 p.m. Commissioner Castro motioned to approve the Special Event Request for the god Annual FAU Seaside Shindig, with permits; seconded by Commissioner Fetscher. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Fetscher Yes Commissioner Castro Yes Mayor Flury Yes 4.5 Special Event Request for the Dania Beach Design Center Grand Opening to be held at 1200-1340 Stirling Road, on March 16, 2007 from 5:00 p.m. — 10:00 p.m. Commissioner Castro motioned to approve the Special Event Request for the Dania Beach Design Center Grand Opening; seconded by Commissioner Fetscher. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Fetscher Yes Commissioner Castro Yes Mayor Flury Yes 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Bob Adams, 330 SE 3`d Terrace, thanked Mayor Flury for her leadership and encouraged her to stay in government. Joe Van Eron, President and founder of the Tourism Council, presented laminated copies of the Dania Beach Tourism Map and thanked the City Manager for the souvenir books. He thanked the Commission for the courage to believe we could someday make a difference in this City. He noted the Tourism Council has met all of this year's goals, and recognized the Commission for their support. Jorge Rodriguez, I I I SE I" Street, advised he bought a 40 unit apartment building in 2005 and the water bill was high. There were five underground leaks in the waterline that were buried deep in the ground and the water bill kept increasing every month. He provided a copy of his request for the record, and asked that his case be reviewed and a fair decision be made regarding his payments. City Manager Palo advised he and Finance Director Varney met with Mr. Rodriguez, and found out that the leaks were on his side of the water meter. He noted Mr. Rodriguez is asking for the City to give him an average amount of what his normal water bill would be. Finance Director Varney clarified for Mayor Flury that the leaks were occurring at least one year before Mr. Rodriguez purchased the property. Minutes of Regular Meeting 3 Dania Beach City Commission Wednesday, March 14, 2007—7:00 p.m. Mayor Flury thought it was unfair for this type of case to come before the Commission without receiving prior information from the City Manager. She requested the details of the case in writing, as well as staff recommendations, to be presented to the Commission at the next meeting. Commissioner Bertino commented it would be difficult to give a rebate on leaks on his side of the meter, since he had used the water that the taxpayers have already paid for the City to have refined. City Manager Pato stated he will provide the requested information at the next meeting. 7. Consent Agenda 7.1 Minutes: Approve Minutes of the February 27, 2007 City Commission Meeting 7.2 Travel Requests: Request of Kristen Jones, Director of Parks and Recreation, to attend the Florida Festivals & Events Association 13th Annual Convention and Trade Show in Naples, Florida on August 8-10, 2007, for certification purposes. (Estimated cost $779, remaining balance S2,158) Resolutions 7.3 RESOLUTION 42007-049 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SCHEDULE OF FEES AND CHARGES FOR THE IMPLEMENTATION OF THE WATER AND SEWER EXTENSION POLICY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2007-057 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING A WORK AUTHORIZATION FOR METRIC ENGINEERING, INC. IN THE AMOUNT OF $24,985.00 FOR ENGINEERING SERVICES RELATED TO CONSTRUCTION OF THE DANIA BEACH BLVD. FORCE MAIN PROJECT; AUTHORIZING FUNDS; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2007-058 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO ENGAGE THE FIRM CALVIN, GIORDANO & ASSOCIATES INC. FOR ENGINEERING SERVICES AND RELATED SERVICES IN AN AMOUNT NOT TO EXCEED $28,000.00 FOR THE FROST PARK GROUNDS IMPROVEMENT PROJECT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS: PROVIDING Minutes of Regular Meeting 4 Dania Beach City Commission Wednesday,March 14,2007—7:00 p.m. FOR FUNDING, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2007-059 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH APAC-SOUTHEAST, INC., A FLORIDA CORPORATION FOR WATER LINE RELOCATION SERVICES IN CONNECTION WITH THE STIRLING ROAD AND THE N 291" AVENUE INTERSECTION MAST ARM (TRAFFIC SIGNAL) PROJECT IN AN AMOUNT NOT TO EXCEED $73,164, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-059. Mayor Flury was concerned that this was not a competitive bid project. She noted for the record, that we did bid this project, but because FDOT wants the work to be done simultaneously with their work, they have asked the City to use their provider at a reduced cost. Commissioner Bertino motioned to approve Resolution 42007-059; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Fetscher Yes Commissioner Castro Yes Mayor Flury Yes Ordinances (Title read by City Attorney) 7.7 ORDINANCE#2007-004 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 15 OF THE CITY CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "LICENSES," TO CONFORM WITH AMENDMENTS TO STATE LAW WHICH AMENDMENTS CHANGED THE REFERENCES IN STATE LAW FROM LOCAL "OCCUPATIONAL LICENSES" TO LOCAL "BUSINESS TAX"; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Addendum 7.8 RESOLUTION #2007-060 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PAY THE AMOUNT OF TWENTY-FOUR THOUSAND SIX HUNDRED FORTY-ONE AND 851/100 DOLLARS ($24,641.85) TO THE BROWARD COUNTY WATER AND WASTEWATER ENGINEERING DIVISION REPRESENTING CAPITAL RECOVERY CHARGES REQUIRED TO APPLY FOR A WATER CONNECTION PERMIT FOR THE NEW FIRE-RESCUE STATION 93; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Bertino motioned to approve the Consent Agenda, with the exception of Item #7.6, and the addition of Item #7.8; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Minutes of Regular Meeting 5 Dania Beach City Commission Wednesday, March 14, 2007—7:00 p.m. Commissioner Bertino Yes Commissioner Fetscher Yes Commissioner Castro Yes Mayor Flury Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION 42007-056 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE AWARD OF BID TO CONQUEST ENGINEERS GROUP CO. FOR CONSTRUCTION ACTIVITES ASSOCIATED WITH CONSTRUCTION OF THE FORCE MAIN - DANIA BEACH BLVD. PROJECT FOR THE CITY SEWER SYSTEM IN THE AMOUNT OF $311,340.41; 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#2007-056. Dominic Orlando, Director of Public Services, noted this is part of the Water and Sewer Plan. Commissioner Castro motioned to approve Resolution #2007-056; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Fetscher Yes Commissioner Castro Yes Mayor Flury Yes 9. Public Hearings and Site Plans 9.1 ORDINANCE 42007-003 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTING AN AMENDMENT TO CHAPTER 28 OF THE CODE OF ORDINANCES RELATING TO THE INDUSTRIAL-GENERAL (IG) ZONING DISTRICT TO PROVIDE FOR ADDITIONAL PERMITTED USES AND REGULATIONS FOR CERTAIN DESCRIBED LANDS WITHIN SUCH ZONING DISTRICT WHICH AREA IS KNOWN AS "PORT LAUDANIA'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance 42007-003. Laurence Leeds, Director of Community Development, advised the applicant requested a continuance until the March 27, 2007, City Commission meeting. 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 continue Ordinance 42007-003 until the March 27, 2007 City Commission meeting at 7:00 p.m.; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Minutes of Regular Meeting 6 Dania Beach City Commission Wednesday, March 14, 2007-7:00 p.m. Commissioner Bertino Yes Commissioner Fetscher Yes Commissioner Castro Yes Mayor Flury Yes City Attorney Ansbro advised the remaining items were quasi-judicial matters, and swore-in those who would speak. He asked the Commission to disclose any communication they had on these matters. 9.2 RESOLUTION #2007-050 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY JOHN SHAPIRO, FOR PROPERTY LOCATED AT 303 NORTH FEDERAL HIGHWAY, IN THE CITY OF DANIA BEACH, FLORIDA, FOR SPECIAL EXCEPTION APPROVAL TO ALLOW AN ENCLOSED AUTOMOBILE SERVICE ESTABLISHMENT IN A "C-3" (COMMERCIAL) ZONING DISTRICT; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-050. Laurence Leeds, Director of Community Development, noted this is the old laundry building located at the corner of NW 3 d Street and Federal Highway. The property is currently zoned C- 3, and will be located in the pending TOD Zoning District, and the CRA District. He indicated staff supports this type of use because: 1) the site is located at the extreme north end of the CRA, 2) it abuts an existing service station, and 3) the site is occupied by a 40+year functionally obsolete building designed and built to accommodate a commercial laundry. The applicant has stated that this will be a high-end luxury vehicle repair shop. The Planning and Zoning Board recommended approval, subject to conditions. The applicant has been asked to meet certain requirements before the building is occupied. Mr. Leeds commented that the applicant has submitted a revised site plan showing landscaping and a revised driveway location which may require FDOT approval. He clarified that he did not believe this site was a superfund site, and the applicant has informed staff that it has been cleaned. Mayor Flury opened the Public Hearing. John Shapiro, applicant, noted their business is building and maintaining race cars and restoration of high-end luxury and sports cars. He advised that half of the building will be used as a showroom. Mr. Shapiro further indicated they have completed Phase I of the cleanup. He clarified for the Commission that no test driving of vehicles will take place outside the building. Tim McLeod, 261 SW 4`h Street, supported this project. He noted the building has been a blight for many years, and the upgrade to this building will make a good entryway into the City. Teddy Bohanan, 312 SW 15t' Street, commented they have a car repair and paint shop near her home. She wants someone in the City to take care of it. She indicated that strict rules need to be in place before this type of use is allowed. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Minutes of Regular Meeting 7 Dania Beach City Commission Wednesday, March 14,2007—7:00 p.m. Director Leeds clarified for Commissioner Bertino that there is a section of the Code that allows automobile service establishments by Special Exception within a C-3 District. He does not believe this is a used car lot and used car sales business. Mr. Leeds further noted this is a restoration facility. City Attorney Ansbro clarified this is not a used car lot. He suggested adding a condition to the approval stating that only high-end cars could be sold at this facility. Mayor Flury thought a showroom with high-end cars would enhance the property. She supported the project. Commissioner Castro motioned to adopt Resolution #2007-050, with the condition that all the cars are valued greater than S50,000, as well as the conditions listed on the staff report; seconded by Commissioner Fetscher. The motion carried on the following 3-1 Roll Call vote: Commissioner Bertino No Commissioner Fetscher Yes Commissioner Castro Yes Mayor Flury Yes 9.3 RESOLUTION #2007-051 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ROBERT ROFFEY ON BEHALF OF THE PROPERTY OWNER ROLANDO BALANCE, FROM CHAPTER 28, "ZONING", ARTICLE 4, "DISTRICT REGULATIONS", "SCHEDULE OF LOT, YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 2600 EAST MARINA DRIVE (RAVENSWOOD ESTATES MOBILE HOME PARK), IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-051. Laurence Leeds, Director of Community Development, showed the location of the property and noted this was a mobile home prior to the hurricane. The contractor submitted plans last year for a replacement mobile home, however he did not follow the approved plans and a violation was identified as part of the final zoning inspection. He indicated the contractor is now requesting an after-the-fact variance to allow the mobile home to remain in its current location. The Planning and Zoning Board was impressed because the contractor acknowledged the mistake. The Building Official indicated he had no objection to the request and there are no code violations. Director Leeds commented there have been no complaints from the adjoining property owners. Mayor Flury opened the Public Hearing. Rolando Balance, property owner, noted the contractor made a mistake. He does not want the mobile home moved. He spoke to his neighbors and they do not have any objections. Director Leeds responded for Commissioner Bertino that the Homeowners' Association has not given an opinion on this issue. Minutes of Regular Meeting 8 Dania Beach City Commission Wednesday, March 14, 2007-7:00 p.m. Mr. Balance indicated that the Association sees it as an improvement to the area. Robert Roffey, Contractor, noted the back of the house is within the setback, only the front of the house is not. Pat Tyra, 2912 SW 54th Street, Estates of Fort Lauderdale, commented a sub-committee heard the request, but the Board has not voted on the issue yet. She requested that future developments within their community be noticed to the Homeowners' Association. Seeing as there was no one to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Bertino made a motion to continue this item until we receive a recommendation from the Homeowners' Association. Commissioner Castro commented this was a fee simple lot. She thought they should not need approval of the association. Commissioner Bertino noted that it is compulsory that neighbors in that area belong to the Homeowners' Association and abide by their rules and regulations. The motion died for lack of a second. Mr. Roffey advised that the home was completely finished in January, 2007. Director Leeds advised he was contacted by Kathryn Sadjak of the Estates of Fort Lauderdale. He noted they will be notified in the future if they provide an address. Mr. Roffey indicated he notified the association as soon as they realized the mistake. They were told the Estates of Ft. Lauderdale does not have any setback rules. Commissioner Castro motioned to adopt Resolution #2007-051; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Fetscher Yes Commissioner Castro Yes Mayor Flury Yes 9.4 RESOLUTION 92007-052 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY THE PROPERTY OWNER, LISA KRUMSIECK, FROM CHAPTER 28, "ZONING", ARTICLE 6, "OFF-STREET PARKING", FOR PROPERTY LOCATED AT 15 SE 2ND STREET, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-052. Minutes of Regular Meeting 9 Dania Beach City Commission Wednesday, March 14, 2007—7:00 p.m. Corinne Lajoie, AICP, Principal City Planner, advised the applicant is requesting a parking variance to convert an existing duplex to a Title Office, with four parking spaces. She noted the property is located behind IHOP and the zoning will change to TOC-2 under the proposed Zoning Code. The applicant has advised that only two employees will work at the site, and that additional parking can be provided offsite on property owned by the applicant. Laurence Leeds, Director of Community Development, responded for Mayor Flury that if the residents in the property stay home, there would not be enough parking. Ms. Lajoie noted the Planning and Zoning Board recommended approval with conditions. Director Leeds commented that if the property next door is sold we could have a parking problem. We have to rely on the applicant to agree to maintain these conditions. Mayor Flury opened the Public Hearing. City Attorney Ansbro suggested preparing a Unity of Title to combine the two properties and the applicant would not be able to sell it unless the City Commission releases it. Lisa Krumsieck, property owner, agreed to the proposal. Joe Van Eton, 1500 SW 2nd Avenue, commented he served on the Traffic Advisory Board and this is the biggest traffic problem street in the area. Seeing as there was no one else to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Bertino commented that a Title company does not generate traffic. He thought this is a positive step for this property. Commissioner Bertino motioned to adopt Resolution #2007-052, provided the applicant file a Unity of Title, and with the Planning and Zoning Board conditions; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Fetscher Yes Commissioner Castro Yes Mayor Flury Yes 9.5 RESOLUTION #2007-053 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY SPRINT-NEXTEL CORPORATION, FOR PROPERTY LOCATED AT 2010 NE 7T" AVENUE, IN THE CITY OF DANIA BEACH, FLORIDA, FOR SPECIAL EXCEPTION APPROVAL TO ALLOW INSTALLATION OF A STEALTH CELL ANTENNA LOCATED IN THE `IG" (INDUSTRIAL GENERAL) ZONING DISTRICT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-053. Minutes of Regular Meeting 10 Dania Beach City Commission Wednesday,March 14,2007—7:00 p.m. Louis Mercado, City Planner, advised that the request is for the installation of a stealth cell antenna which is allowed by Special Exception under IG Zoning. The property is located near the U-Store-It facility, and it is south of the north runway. The antenna would be 64 feet above ground level and would not interfere with air traffic. He confirmed for the Commission that there will not be a flag located on the antenna. Laurence Leeds, Director of Community Development, indicated that staff had a problem with the flag because it needs to be lit at night. The applicant was asked to provide a revised presentation that shows no flag. Mr. Mercado noted that the Planning and Zoning Board recommended approval subject to engineering review and conformance with Federal Aviation Administration (FAA) Part 77 requirements for height. Mayor Flury opened the Public Hearing. Andrew Przybysz, representing Sprint Nextel Corporation, clarified that the pole is the same as the one at the Fire Station on Dania Beach Boulevard, without the flag. He further noted that they cannot have a flag because the American Flag needs to be lit at night. One of the concerns of the Planning and Zoning Board was the lighting of the flag. Mr. Przybysz agreed to install a lit flag, if the Commission so wished. Seeing as there was no one to speak in favor or opposition, Mayor Flury closed the Public Hearing. Commissioner Castro would like to have the flag and lights included, provided the FAA has no objections. Director Leeds stated that the applicant needed to provide drawings that everyone could understand. He also noted that the FAA does not usually comment on the lighting details. We could ask the FAA, but he did not think they would comment. Commissioner Bertino suggested continuing this item to the next meeting, so the applicant can bring back revised drawings showing the base, the flag, and the proposed lighting system. Commissioner Bertino motioned to continue Resolution 92007-053 until the March 27, 2007 City Commission meeting at 7:00 p.m.; seconded by Commissioner Fetscher. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Fetscher Yes Commissioner Castro Yes Mayor Flury Yes 9.6 RESOLUTION #2007-054 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY ALL SOUTH FLORIDA CONSTRUCTION, INC., REPRESENTING DANTE SILVA FROM Minutes of Regular Meeting 1 1 Dania Beach City Commission Wednesday, March 14,2007—7:00 p.m. CHAPTER 26, "VEGETATION', SECTION 26-50, "LANDSCAPE REQUIREMENTS FOR AREAS SEPARATING BUSINESS, COMMERCIAL AND INDUSTRIAL PROPERTY FROM RESIDENTIAL PROPERTY", AND CHAPTER 28, ARTICLE 6.21 "OFF-STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 20 SW 15T" STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the titles of Resolution 42007-054 and Resolution 42007-055 because they pertain to the same property. Laurence Leeds, Director of Community Development, advised the request is to construct an office building and showed the location of the property. He noted this is a vacant lot that is zoned commercial, and it allows both office and retail uses. The property is included in the proposed TOC-2 Zoning District. The applicant has complied with all the conditions. The Planning and Zoning Board, as well as staff recommended approval subject to conditions. Director Leeds clarified that there would be a sign from the parking lot stating "East Bound Exit Only -No Left Turn". Mayor Flury opened the Public Hearing. Joe Van Eron, 1500 SW 2"d Avenue, commented this began in January, and the neighborhood and neighbors were not involved in the process. They are concerned that they cannot stop it from being used as a commercial property. He presented a photo of how the property has looked for several years. Mr. Van Eron also indicated that the building is too big and the wall is too high. He thought the owner was arrogant and greedy and recommended the applicant take down the wall, re-landscape the area, and make the building smaller. Roger Handovik, 206 SE 3`d Place, was concerned that the proposed building would be too close to the existing building and that a variance should not be given on greenspace. He further noted that the parking lot is too tight and it would be difficult to navigate. Teddy Bohanan, 312 SW 15`h Street, was concerned with drugs and bums. She referenced a wall that needed to be removed because it was drug infested. Ms. Bohanan believed this would produce the same problem. She noted that a drug dealer who recently died lived on this lot. Robert Rock, 225 SW 15`h Street, commented he has been living in the area for the past 25 years and will share the gateway with this property. He indicated the owner has been thumbing his nose to the neighborhood for several years. The owner allows several trucks to park illegally and stay overnight. Mr. Rock also commented on the landscape review and the changes to be made. He asked the Commission to deny the variance request and commented that the property owner has not been a good neighbor. Director Leeds noted the referenced tree was extremely hazardous, in poor condition and needed to be taken down. Barbara Bullock, 25 SW 15`h Street, thought that the building would be gorgeous, but she was concerned with parking. She would like the building to be smaller with parking underneath. Minutes of Regular Meeting 12 Dania Beach City Commission Wednesday, March 14,2007—7:00 p.m. Tim McLeod, 261 SW 4th Street, noted the space behind the building was addressed at the Planning and Zoning Board. He thought we needed business in Dania Beach and this would be an improvement to the neighborhood. A business owner at 1218 S. Federal Highway commented that anything we can do for business in Dania Beach is good. He noted he owns a small business and asked not to have the streets closed because it hurts businesses in the area. Annette Hibbits, 26 SW I I1h Street, commented traffic is a problem. She thought the building was an asset on Federal Highway. Bob Adams, 330 SE P Terrace, noted the complaints are the vacant lot, vagrancy and drug use, however, this project would be an improvement to the neighborhood. Robert Chunn, 118 Phippen Road 43, agreed with Bob Adams and suggested moving forward with this request. B.J. Cobb, 248 SW 61h Street, noted this would be an improvement and would help clean up the area. Seeing as there was no one to speak in favor or opposition, Mayor Flury closed the Public Hearing. Dante Silva, owner of the property lives in Hallandale. He owned the property in front of this lot for 12 years. Phil Fortney, General Contractor for the project, noted he has lived in Dania Beach for 45 years. He acknowledged the building would help eliminate the drug problem. Mr. Fortney indicated they have adequate parking for the building. He commented on the width of the building and noted that if the variance was not granted the inside of the building would be 11 feet 4 inches wide. They offered to help the neighbor next door to clear his property. Mr. Fortney also stated that they offered to place plants on the west side of the fence so the neighbors would not have to look at the 6 foot wall. Commissioner Castro was worried about the criminal element and people hiding behind walls. She questioned if the five feet could be a fence and landscape. Director Leeds indicated that the Commission has the discretion to require a fence or a wall between commercial and residential zoning, but it does not need to be a requirement. He noted that if the variance is approved there would only be a single row of trees and hedges that will fit into the five feet area. He suggested a vinyl coated chain link fence with landscaping as a substitute. It was the consensus of the Commission to have the applicant install a chain link fence with landscaping, with no wall or hedges. Minutes of Regular Meeting 13 Dania Beach City Commission Wednesday, March 14,2007—7:00 p.m. Commissioner Castro motioned to adopt Resolution 42007-054, without the wall and with a chain link fence on the outer edge with landscaping on the inside; seconded by Commissioner Bertino. The motion carried on the following 3-1 Roll Call vote: Commissioner Bertino Yes Commissioner Fetscher Yes Commissioner Castro Yes Mayor Flury No 9.7 RESOLUTION 42007-055 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY ALL SOUTH FLORIDA CONSTRUCTION, INC., REPRESENTING THE PROPERTY OWNER DANTE SILVA, FOR PROPERTY LOCATED AT 20 SW 15 STREET, IN THE CITY OF DANIA BEACH,FLORIDA;PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE, City Attorney Ansbro confirmed that the request meets Code parking requirements. Director Leeds confirmed for Mayor Flury that they would not be able to have a convenience store, because of the lack of parking spaces. Both Mr. Silva and Mr. Fortney agreed to limit the use of the property to professional office only. Commissioner Castro motioned to adopt Resolution #2007-055, with the condition that the building be for professional office use only; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Fetseber Yes Commissioner Castro Yes Mayor Flury Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino congratulated the winners of the election. He was disappointed to see such a poor voter turnout and added we need to do something to increase the percentage of people voting in our municipal election. Commissioner Bertino would like the City to look into alternative fuel source equipment and vehicles. He requested this matter be discussed at the upcoming budget session. Commissioner Bertino asked for an update on the Dania Beach Hotel project. City Attorney Ansbro indicated that the Dania Beach Hotel owner promised to submit plans within 60 days of the implementation of the new CRA regulations. 10.2 Commissioner Castro Minutes of Regular Meeting 14 Dania Beach City Commission Wednesday, March 14,2007—7:00 p.m. Commissioner Castro congratulated everyone who ran in the election. Commissioner Castro would like staff to prepare a report on requirements to move City elections to November. She thought we would have a better voter turnout and it would also be less expensive. Commissioner Castro commented on the Part 150 Noise Contours meeting being held at Broward County tonight. She noted they will discuss finding some tools to mitigate noise impact. Commissioner Castro thanked Vice-Mayor Anton, the Melaleuca Gardens Homeowners' Association and Griffin Road Association for attending this important meeting. 10.3 Commissioner Fetscher Commissioner Fetscher said it has been a novel experience watching government from the inside. He commented that if you want people to become part of government, you need to make government less pontificating and take more action. Commissioner Fetscher thanked everyone for the opportunity to serve the City and added he would be happy to resume his position on the Planning and Zoning Board. 10.4 Vice-Mayor Anton Vice-Mayor Anton was not present for this portion of the meeting. 10.5 Mayor Flury Mayor Flury noticed some graffiti on the light poles near Olsen Middle School. She would like staff to look into this matter. Mayor Flury questioned the status of her request to conduct a new Residents' survey. City Manager Palo advised the last survey was done in 2005. He spoke with the company the City hired at the time and they think anything less than three years would be too soon to get a different response. Mayor Flury indicated there are some areas that are in need of improvement. She would like to have it done again this year. City Manager Pato commented they may need to look for a different approach. He thought the company would probably send out the same survey, since only a few areas can be modified. Mayor Flury noted the survey is to measure performance and the questions should be the same. Commissioner Castro suggested changing the questions that are no longer applicable and include new ones. Minutes of Regular Meeting 15 Dania Beach City Commission Wednesday, March 14, 2007—7:00 p.m. City Manager Palo asked the Commission for their input. He indicated he would re-circulate the questions so the Commission can make suggestions. 11. Discussion and Possible Action 11.1 Request by the Broward League of Cities to appoint a Director, Alternate, and Second Alternate to attend and vote at any Board of Director or General Membership Meeting to represent the City of Dania Beach. It was the consensus of the Commission to re-appoint Commissioner Castro as the Director, and appoint Vice-Mayor Jones, as the Alternate. 11.2 Discussion of the number of days the Dania Beach Seniors may use the I.T. Parker Community Center with fees waived— Commissioner Castro Commissioner Castro commented there is a limit on the number of days the fee can be waived for the Dania Beach Seniors to use the I.T. Parker Community Center. She wondered if the access could be expanded by a few more days per month. Mayor Flury noted that the I.T. Parker Advisory Board addressed this matter at their last meeting and approval for additional use was granted. Kristen Jones, Director of Parks and Recreation, advised that the best time for the Seniors to use the facility would be Monday—Thursday, since they usually have events scheduled on weekends. The Commission generally agreed to expand the hours for the Dania Beach Seniors to use the I.T. Parker Community Center, provided it does not conflict with the Park's schedule and that it does not interfere with any revenue paying customers. Commissioner Bertino requested the City Manager look for grant funds from different government organizations to build a Senior Citizens Center. Mayor Flury acknowledged students from South Broward High School that were attending tonight's public meeting as part of their government class. 12. Appointments Commissioner Bertino appointed Dr. Paul Fetscher to the Planning and Zoning Board for a two year term. Commissioner Castro re-appointed Edward Bourgeois to the Planning and Zoning Board for a two year term. Mayor Flury re-appointed Patrick Shilling to the Planning and Zoning Board for a two year term. Minutes of Regular Meeting 16 Dania Beach City Commission Wednesday, March 14,2007—7:00 p.m. Mayor Flury re-appointed Lottye Crooms, on behalf of Vice-Mayor Anton, to the Planning and Zoning Board, for a two year term. Commissioner Castro motioned to approve the Board appointments; seconded by Commissioner Bertino. The motion carried unanimously. 13. Administrative Reports 13.1 City Manager City Manager Pato asked the Commission if he should attend Broward Days in Tallahassee next week, or attend the Organizational meeting of the Commission to be held on Tuesday, March 20. He suggested he should wait until the fourth week of the session, when the City's representation would be more effective. City Manager Pato advised he will be in Lake Mary on Wednesday and Thursday next week to review some IS technologies available through HTE. City Manager Pato thanked Mayor Flury for her support and her involvement, and also for frequently challenging City staff. 13.2 City Attorney City Attorney Ansbro would like a discussion item on the status of the Main Street Program to be placed on the next agenda. 13.3 CityClerk— Reminders Thursday, March 15, 2007 —6:00 p.m. — Abatement Hearing Tuesday, March 20, 2007 —7:00 p.m.—City Commission Organizational Meeting Tuesday, March 27, 2007 —7:00 p.m. —Regular City Commission Meeting 14. Adiournment Mayor Flury adjourned the meeting at 10:04 p.m. ATE ESTt CITY OF DANIA BEACH, LOUISE STILSON, CMC PATRICIA FLURY CITY CLERK MAYOR-COMMISSIONER Approved March 27, 2007 Minutes of Regular Meeting 17 Dania Beach City Commission Wednesday, March 14,2007—7:00 p.m.