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HomeMy WebLinkAbout15440 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JUNE 12, 2007 — 7:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Pastor Juan Cuevas, Maranatha Ministries, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Bob Anton Commissioners: Anne Castro Patricia Flury City Manager: Ivan Pato City Attomey: Thomas Ansbro Deputy City Clerk: Miriam Nasser Absent: Vice-Mayor: Albert C. Jones Commissioner: John Bertino Commissioner Flury motioned to excuse the absence of Vice-Mayor Jones; seconded by Commissioner Castro. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 4. Presentations and Special Event Approvals 4.1 A Statement from the City Manager City Manager Pato requested this item be continued to a future meeting when the full Commission is present. 4.2 Presentation to Pete Heng—Bruce Caruso, Battalion Chief Bruce Caruso, Battalion Chief, Fire Department, invited Pete Heng, firefighter-paramedic, and his wife Patricia to the podium. He showed a short documentary on some of the preparations for people leaving for Iraq. Battalion Chief Caruso noted Mr. Heng joined the Dania Beach Fire Department on May 27, 1993 and is currently a valued member of the Fire Prevention Bureau. He read an article published in the City's Newsletter"Currents II" about Mr. Heng, which briefly described his exemplary actions and how his humanitarian efforts have enriched the lives of many people. Mr. Heng will be leaving for Iraq in two weeks. Pete Heng stated he was proud to serve his country and thanked everyone for their good wishes. 4.3 Presentation on the Dania Beach Heights Civic Association Grant Project — Lisa Young (Continued from May 22, 2007) Lisa Young noted their presentation tonight will be on the American Cancer Society Relay for Life. She showed a video of the recent Relay for Life event held in Dania Beach. Ms. Young commented that the Team Awards presentation for everyone who participated in the Relay for Life event would be held tomorrow at Paolo Three's Company at 6:30 p.m. She thanked the community and the City for their support. Item #4.4 was heard after Item 94.5 4.4 Update on the 109 Park Project—Bonnie Miskel, Attorney for Israel Kushnir Bonnie Miskel, Ruden McClosky, Attorney for the project, explained that some months ago Mr. Kushnir requested an extension of the site plan and permits for the construction of a 10-story building at 109 Park Plaza. She noted that real estate market conditions have not improved and therefore her client does not intend to proceed with the site plan request. Mr. Kushnir is, however, exploring other options, which could include a rental project or affordable housing. Attorney Miskel understood that the Commission may consider vacating Park Road to accommodate the proposed Municipal Library and Parking Garage. She commented that she spoke with Ian Nestler, PGAL, who confirmed it may be necessary to vacate the entire road according to one of the plans (Scheme B) presented at the last CRA Board meeting. Attorney Miskel pointed out that the site plan previously approved placed the main entrance of the building on Park Road, and if the road is vacated it will adversely impact her client. She advised that in cases of abandonment, the law provides that the road be split in the middle, therefore the north side would pertain to the City and the other half would go to her client. Attorney Miskel would like to express her client's concerns, before the Library project moves any further and it becomes a legal issue. She also indicated that Mr. Kushnir's insurance company notified him that parking of vehicles other than his own, on his property, is in violation of their policy. Attorney Miskel advised that although they have not revoked his insurance policy, her client would like to put the City on notice that they may have to demand the City's vehicles be removed from the property. Commissioner Castro asked City Manager Pato to have all City cars removed from Mr. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. Kushnir's property as soon as possible. She also recommended that the owner of the property put a "No Parking" sign on the site. Item #4.5 was heard after Item #4.3 Addendum 4.5 Turn Around Dania Beach Lee Lavery, representing Turn Around Dania Beach, commented on the sad loss of Sophie Steele. She pointed out how Sophie Steele sacrificed her time and money for the City of Dania Beach and how she worked with Dr. Herman Wrice to clean the City of drugs and prostitution. Ms. Lavery noted that Sophie Steele obtained a $1.5M grant for the Time for Kids After School Program for the children of Dania Beach. Sophie Steele loved her City and we are thankful for her contribution. RESOLUTION 42007-114 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING JUNE I AS A DAY OF REMEMBRANCE FOR SOPHIE STEELE; FURTHER, PROVIDING AN EFFECTIVE DATE. Mayor Anton read Resolution #2007-114. He recognized some members of the Steele family in the audience and invited them to attend the June 26, 2007 Commission meeting, where a formal presentation of the Resolution will be made. Commissioner Flury motioned to approve Resolution #2007-114; seconded by Commissioner Castro. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Item #4.4 was heard after #4.5 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Ralph Eddy, 150 SE 3`d Avenue, thanked the Public Services Department for their fast response on the request for cleaning the southeast section drainage. He recognized Director Orlando and his staff for a job well done. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. Pat Tyra, 2912 SW 54`s Street, Estates of Fort Lauderdale, thanked the Commission, on behalf of the citizens of Dania Beach, for their relentless efforts to fight the Airport expansion. She asked the City to submit a letter to the Broward County Commission requesting some action in the eradication/relocation of the iguana population within the City. It was the consensus of the Commission to send a letter to the Board of County Commissioners expressing the City's concerns on the iguana issue. 7. Consent Agenda Items pulled from Consent Agenda: #7.5 and#7.11 Items added to Consent Agenda: #7.13 7.1 Minutes: Approve Minutes of the May 15, 2007 City Commission Workshop Approve Minutes of the May 17, 2007 Abatement Hearing Approve Minutes of the May 22, 2007 City Commission Meeting Resolutions 7.2 RESOLUTION #2007-100 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE ADDITIONAL SERVICES FROM ADVANCED PROCESSING & IMAGING, INC. (API),A SOLE SOURCE PROVIDER, IN AN AMOUNT NOT TO EXCEED TWENTY FIVE THOUSAND DOLLARS ($25,000.00) FOR FISCAL YEAR 2006-2007; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.3 RESOLUTION 92007-101 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PURCHASE OF COMPUTER HARDWARE, SOFTWARE AND SUPPORT LICENSES FROM CDW-G IN AN AMOUNT NOT TO EXCEED $16,500.00 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION 42007-104 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PURCHASE OF FURNITURE FROM CORPORATE EXPRESS BUSINESS INTERIORS IN AN AMOUNT NOT TO EXCEED $41,000 WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2007-103 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR APPROPRIATION OF FUNDS NOT TO EXCEED $250,000.00 FOR NEIGHBORHOOD MASTER PLAN, LAND USE PLAN AMENDMENTS AND ZONING CODE REVISIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,June 12, 2007—7:00 p.m. City Attorney Ansbro read the title of Resolution #2007-103. Commissioner Flury questioned if the amount of$250,000.00 would cover the study for the three communities previously discussed. She thought no additional funds should be approved until the first part of the project is completed. City Manager Pato clarified that the Resolution presented tonight refers to a not to exceed amount of$250,000.00. Commissioner Castro thought we should approve the funding for the Land Use Plan Amendments and Zoning Code revisions, making sure we stay within balance and the allocation of funds does not exceed $250,000.00. Commissioner Flury motioned to approve Resolution #2007-103; seconded by Commissioner Castro. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 7.6 RESOLUTION 42007-108 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 LOAN APPLICATION TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR $480,000.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE MELALEUCA GARDENS WATER MAIN LOOPING PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2007-109 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 LOAN APPLICATION TO BE SUBMITTED TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR $400,000.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE DANIA BEACH BLVD. FORCE MAIN; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2007-107 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING EXECUTION OF AN AMENDMENT TO THE LOAN AGREEMENT EXISTING BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR $247,000.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE WATER TANK AND HIGH SERVICE PUMPING PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AMENDMENT; Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 7.9 RESOLUTION #2007-110 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 LOAN AMENDMENT FOR $302,000 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE WATER MAIN LOOPING — WATER TREATMENT PLANT TO DOWNTOWN PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE LOAN AMENDMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION 42007-111 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, SUPPORTING A BROWARD COUNTY PLANNING COUNCIL INITIATED TRAFFICWAYS PLAN AMENDMENT TO EXAMINE AND CONSIDER THE REDUCTION OF RIGHT-OF-WAY ALONG FEDERAL HIGHWAY FROM OLD GRIFFIN ROAD TO SOUTH COUNTY LINE IN A MANNER CONSISTENT WITH THE REQUESTS OF EACH AFFECTED CITY, INCLUDING REDUCING THE RIGHT-OF-WAY OF FEDERAL HIGHWAY FROM OLD GRIFFIN ROAD TO SHERIDAN STREET IN DANIA BEACH FROM 106 FEET TO THE EXISTING RIGHT-OF-WAY WHICH IS ESTIMATED TO BE 70 FEET; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.11 RESOLUTION 42007-105 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE WATER PLANT UPGRADE PROGRAM; MAKING FINDINGS; AUTHORIZING THE WORK ORDER FOR $11,740,00 FOR PHASING OF PROPOSED IMPROVEMENTS FOR THE WATER PLANT UPGRADE ACTIVITIES ASSOCIATED WITH THE PLANT UPGRADE PROJECTS TO BE PERFORMED BY CAMP DRESSER AND MCKEE ASSOCIATES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-105. Commissioner Flury noted that the original plan to improve the water, sewer and stormwater systems in the City was approved some time ago. She also indicated that Vice-Mayor Jones is new to the Commission and should be brought up to speed on such an important issue. Commissioner Flury suggested holding a Workshop prior to the budget meetings, for the Commission to have a full understanding of what the plan is, before any funds are approved. City Manager Pato asked Director Orlando if there was a timeframe for this project. Dominic Orlando, Director of Public Services, advised a r eport was submitted to the City Manager which explains the whole plan. The report contains a drawing that shows the work to be done. He further noted that some work has already been done to meet the South Florida Water Management District requirement. Director Orlando commented that the water tank is moving forward and should be finished in a few months. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. Commissioner Flury asked if there would be a problem if this Resolution was not approved tonight. Director Orlando suggested the Commission approve the Resolution tonight and tell Camp Dresser & McKee not to start working until they are notified. He clarified that if the project is delayed, he will have to relocate the Public Services Administration trailer to another location. Director Orlando indicated that this phasing could also temporarily affect the construction of the Community Center. Commissioner Castro clarified with City Manager Pato that the Bond funds for the Community Center have not yet been used. Director Orlando clarified for Commissioner Flury that the construction phase referred to in the Resolution is the additional work that was not identified when the original plan was approved. The phasing will consist of the new Public Services building, associated paving, grading and drainage improvements, and a temporary stormwater management pond located on the south side of the Water Plant. Mayor Anton asked Director Orlando to submit a report to the Commission with a break-down of projected costs for the proposed infrastructure improvements and the water plant upgrades. The report should also include an update on where we stand to-date with the debt service. Commissioner Flury motioned to continue Resolution #2007-105 to the June 26, 2007, City Commission Meeting at 7:00 p.m; seconded by Commissioner Castro. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 7.12 RESOLUTION 42007-112 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 WORK ORDER FOR$153,476.00 FOR PRE-DESIGN ACTIVITIES WITH THE NANOFILTRATION PROJECT TO BE PERFORMED BY CAMP DRESSER AND MCKEE ASSOCIATES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER PROVIDING AN EFFECTIVE DATE, Addendum 7.13 RESOLUTION #2007-113 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN SECURITY SERVICES FOR THE DANIA BEACH MARINA FROM STATEWIDE ENTERPRISES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $31,000.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. Commissioner Castro motioned to approve the Consent Agenda, with the addition of Item #7.13, and the exception of Items #7.5 and #7.11; seconded by Commissioner Flury. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION #2007-102 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE ENGAGEMENT OF KEEFE, MCCULLOUGH & CO., LLP TO SERVE AS THE EXTERNAL AUDITOR OF THE CITY, FOR PERFORMANCE OF AUDIT SERVICES FOR THE FISCAL YEARS ENDING SEPTEMBER 30, 2007 THROUGH SEPTEMBER 30, 2009; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-102. Patty Varney, Finance Director, advised she was able to negotiate a lower annual audit fee than the one originally submitted by Keefe, McCullough & Co. She recommended engaging the firm of Keefe, McCullough & Co., LLP to serve as Auditors for the City for the next three years. Commissioner Castro motioned to approve Resolution 92007-102; seconded by Commissioner Fluty. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9. Public Hearings and Site Plans 9.1 ORDINANCE 92007-013 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28, "ZONING," ARTICLE 2, "DEFINITIONS", TO DEFINE "COMMON AREA'; AMENDING ARTICLE 4, "DISTRICT REGULATIONS," SECTION 4.10, "APPLICATION OF REGULATIONS", TO PROVIDE THAT CHURCHES, SYNAGOGUES AND HOUSES OF WORSHIP SHALL NO LONGER BE PERMITTED BY SPECIAL EXCEPTION; CREATING ARTICLE 33, "HOME AND COMMON-AREA BASED ASSEMBLY USES," TO PROVIDE FOR REGULATION OF ACCESSORY ASSEMBLY USES IN RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2007-013. He explained that the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) is a federal law designed to protect individuals, houses of worship, and other religious institutions from discrimination in zoning and laws that regulate land uses. City Attorney Ansbro noted that the proposed Ordinance provides that houses of worship will no longer be allowed in residential districts as Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,June 12,2007-7:00 p.m. Special Exception uses, but as a right. He indicated that the intent of this law is to be proactive so we do not have any problems with religious organizations and the way we treat them under the Constitution. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2007-013, on first reading; seconded by Commissioner Flury. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.2 ORDINANCE 42007-012 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST BY TARA KLEIN WITH THE FIRM CRAVEN THOMPSON & ASSOCIATES, REPRESENTING BROWARD COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES, TO REZONE PROPERTY LOCATED AT 4261 RAVENSWOOD ROAD, DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL), TO IROM (INDUSTRIAL RESEARCH OFFICE MARINE); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2007-012. Corine Lajoie, Principal City Planner, explained that the applicant, Broward County, is requesting to rezone a 9,200 square foot parcel from C-2 (Commercial) to Industrial Research Office Marine (IROM). They are proposing to build a 1,900 square foot wastewater pump station. If the zoning change is approved, staff will present a site plan and special exception request for consideration by the Commission. The Planning and Zoning Board recommended approval of the zoning change to IROM. Robert Leonard, Project Manager representing Broward County, advised that the existing station is located east of I-95 and that the construction of the new station is designed to accommodate the growth through the year 2030. Mayor Anton clarified with Mr. Leonard that this pump station would service whatever is currently being serviced by the County. Mr. Leonard responded for Mayor Anton that there should not be a noise issue associated with the station. He indicated there would be an emergency power generator inside the building. Mayor Anton confirmed with Mr. Leonard that the pump station also services the Hollywood- Fort Lauderdale International Airport. Commissioner Flury indicated she would like information on an existing pump station similar to the one being proposed, before this request is approved. She asked Mr. Leonard to send City Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. Manager Pato the address of an existing facility. Commissioner Flury also requested Mr. Leonard send a map showing the exact location of the pump station to be replaced. Mayor Anton confirmed with Mr. Leonard that continuing this item to the June 26 City Commission Meeting would not be detrimental to the project. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Flury motioned to continue Ordinance #2007-012 to the June 26, 2007, City Commission Meeting at 7:00 p.m.; seconded by Commissioner Castro. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.3 RESOLUTION 42007-106 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY MARK KIESER, LANDSCAPE ARCHITECT WITH CRAVEN THOMPSON & ASSOCIATES REPRESENTING STEPHEN ST. CLAIR, PROPERTY OWNER OF "DANIA BEACH OUTDOOR STORAGE", FROM CHAPTER 28, "ZONING", ARTICLE 5.60, "WALLS, HEDGES AND FENCES", FOR PROPERTY LOCATED AT 375 NW 9T" AVENUE, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2007-106. Corinne Lajoie, Principal City Planner, showed the location of the property which is zoned Commercial. She noted the applicant, Dania Beach Outdoor Storage, is requesting a variance to allow the installation of 12 inches of barbed wire on top of an existing 8 foot fence and wall. The Planning and Zoning Board recommended approval subject to the applicant providing a letter from the US Border Protection stating barbed wire is necessary. The applicant has since complied with this requirement. Commissioner Flury was concerned about the appearance of the property. She confirmed that no complaints had been received from the neighbors in the area. Mark Kieser, Assistant Landscape Architect, Craven Thompson & Associates, presented a drawing of the project and noted the trees would be tall enough to cover the barbed wire. Mayor Anton advised he visited the property and it is very well kept. Commissioner Flury indicated we need to protect the residential area. She asked Ms. Lajoie to make sure the south side of the property is properly landscaped. Mayor Anton opened the Public Hearing. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. Patty Hart, 517 NE 2nd Place, advised she has worked for the owner of the property as their real estate representative. She noted they have improved the appearance of the property by painting the wall and adding landscaping. She indicated there would be no more old furniture dropped off or garbage on the property. Ms. Hart supported the request. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Flury motioned to adopt Resolution 92007-106; seconded by Commissioner Castro. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino was absent from this meeting. 10.2 Commissioner Castro Commissioner Castro was very grateful to everyone who participated at the Airport meeting on June 5`n. She noted there was not much logic or common sense on the part of the Broward County Commission and added that the war is not over yet, and we need to organize the next plan of action. Commissioner Castro thanked Rae Sandler, Beulah Lair, Mayor Anton, Attorney Brenda Chalifour and Neil McAlilley, among many others, for their support. Commissioner Castro indicated that she attended the National Council of Legislators from Gaming States (NCLGS) Conference in Las Vegas, replacing Commissioner Bertino who was not able to attend. She noted this event was very educational for her and she learned a lot about addiction issues, Indian issues, and marketing. Commissioner Castro commented that Blake Cumbers, Boyd Gaming, took them on a tour of Las Vegas, which not only included the Strip, where they have eleven sites, but the residential areas as well. The residents have an entertainment center for the community, which is clean and safe. She stated that after her visit to Las Vegas, she felt more comfortable with what Boyd Gaming would do in Dania Beach. Commissioner Castro finally commented that while at the Conference, they had the opportunity to talk about the Tax Reform issue with Senator Geller, among many other things currently going on in Tallahassee. Commissioner Castro expressed her condolences to Sophie Steele's family. She added that Sophie Steele was one of a kind and she will be sorely missed. Commissioner Castro noted that she was not impressed with the presentation made earlier on the 109 Park property. She would like City Manager Pato to contact the property owner regarding Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,June 12, 2007—7:00 p.m. the parking issue. Commissioner Castro further commented she would not object to the City Manager re-opening the negotiations with the owner of the property, using his good judgement and obtaining a third appraisal, if necessary. It was the consensus of the Commission to direct City Manager Pato to re-open negotiations on the possible purchase of the 109 Park property. 10.3 Commissioner Flury Commissioner Flury congratulated T & T Exterminators for winning the Chamber's Small Business Award recognition of the year. Commissioner Flury thanked everyone who attended the Airport meeting on June 51". She recognized Mayor Anton as well as Commissioner Castro for the time they devote to the Airport issue. Commissioner Flury noted that Commissioner Bertino has already missed three meetings. She asked City Attorney Ansbro to look into the number of unexcused absences allowed in the Charter. Commissioner Flury indicated that it has been difficult for only three Commissioners to have to deal with the Airport issue and the number of people who have contacted them, before and after the Airport meeting. She thought the City should not run with only three elected officials when important decisions need to be made. Commissioner Flury did not appreciate Commissioner Bertino's extended vacation. City Attorney Ansbro advised that the Charter states that if a Commissioner misses four consecutive regular City Commission meetings, the seat would be vacated. Commissioner Flury questioned the timetable and funding for the SE Dania Beach Boulevard traffic plan which was recently approved. City Manager Pato advised he is still waiting for additional information from Kimley-Horn. Commissioner Castro clarified that Kimley-Horn had already given us a cost estimate and a time frame. It was up to the City now to identify funding and engage the designers. Commissioner Flury would like to schedule a Commission Workshop on Public Services Projects within the next two weeks. She asked to include the SE Traffic issue on the Agenda. Commissioner Flury noted that Stacy Ritter, a member on the Board of Broward County Commissioners, had a well prepared speech which was obviously done before the Airport meeting. She further indicated that Stacy Ritter made a motion to proceed with the Airport south runway expansion, even though she has been on the County Commission for approximately 6 months and has the least amount of experience. Commissioner Flury pointed out that Ms. Ritter is the wife of Russ Klenet, the City's Lobbyist on Airport matters. In view of the circumstances, she would like the City to terminate the agreement with Russ Klenet effective immediately or as soon as it is legally possible to do so. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. Commissioner Flury motioned to terminate the engagement with Russ Klenet and remain without a Lobbyist to represent the City; seconded by Mayor Anton, who passed the gavel to Commissioner Castro. Commissioner Castro indicated she would not like the City to hire another Lobbyist who would probably be more expensive than Russ Klenet. She added that she would vote yes to terminate Russ Klenet's agreement with the City, with the condition that we remain without a Lobbyist at this time. Mayor Anton noted that Russ Klenet has been helpful with many issues, including the Airport and has provided valuable advice to the City. However, now that his wife is a Board Member of the Broward County Commission, he thought we should no longer keep his services. Mayor Anton further commented that we have Tidewater Consultants representing the City in Tallahassee and we do not need two Lobbyists. Commissioner Flury pointed out that there is no doubt that Russ Klenet has done a good job for the City, but the fact that his wife is now part of the County Commission, puts the City in a difficult position. She would be agreeable to remain without a Lobbyist. Commissioner Castro stated for the record that when she first got elected, she thought Russ Klenet was the Democratic side and Tidewater was the Republican representative in Tallahassee. She now understands Russ Klenet was the Broward County Lobbyist in Tallahassee and he is there most of the time for meetings on the Property Tax Reform issue. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 10.4 Vice-Mayor Jones Vice-Mayor Jones was absent from this meeting. 10.5 Mayor Anton Mayor Anton commented the June 5`h Airport meeting at the Broward County Convention Center was incredible, the vote was 6-3 and over 1,200 people attended. He recognized all members of the City Commission who have worked hard to fight the Airport expansion. Mayor Anton indicated that the meeting will be re-broadcast on Channel 12, Comcast, starting tomorrow at 5:00 p.m. He commended Commissioner Rodstrom for his continuous support. Mayor Anton further noted that although the County Commission has stated they will not use eminent domain and people would not lose their homes, the quality of life will definitely be affected. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,June 12, 2007—7:00 p.m. Mayor Anton advised that the Melaleuca Gardens Homeowners Association would meet tomorrow at 7:00 p.m. in the Commission Chamber. He noted they will discuss several strategies to prepare for their next move on the Airport issue. Mayor Anton commented on the meeting held with the neighborhoods on June 2nd, and the positive comments from the neighbors about the BSO Program implemented in the southwest section. BSO Chief Peterson, advised that BSO District 2-Dania Beach was one of the two sites in Broward County to receive grant funds in conjunction with the Children's Services Council, for the Summer STAR (Students Taking Action and Responsibility) Program. He noted that Olsen Middle School is the site and hosts 60 children from our community and surrounding areas. The Program is recreational as well as educational, and there are eight deputies assigned to the site. Chief Peterson pointed out that he visited the site and there were a lot of happy faces. He thought it was a great service for the community. Mayor Anton reminded everyone that the Airport issue is not over and that the City would be working with the attorneys to look for strategies to keep moving forward. Rose Lizana, 214 SE 2"d Street, commented that Comcast did not broadcast the meeting in its entirety. City Manager Pato commented the entire meeting can be downloaded from the Broward County Web Site. Mayor Anton would like staff to obtain an official copy of the meeting for the City's records. 11. Discussion and Possible Action There were no discussion items at this meeting. 12. Appointments City Manager Pate, on behalf of Vice-Mayor Jones, appointed Bernie Swendell to the Marine Advisory Board. City Attorney Ansbro confirmed that this appointment was allowed considering Vice-Mayor Jones' medical condition and the fact that he will lose his right to appoint a board member if it is not done tonight. Commissioner Castro confirmed the appointment of Carolyn Jones as the 91h Member of the Police and Fire Pension Board. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. Commissioner Castro motioned to approve the Board appointments; seconded by Commissioner Flury. The motion carried on the following 3-0 Roll Call vote: Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 13. Administrative Reports 13.1 City Manager City Manager Pato commented that Legislators in Tallahassee have not yet reached a consensus on what formula they will be using regarding the Property Tax Reform. City Manager Pato echoed Commissioner Castro's comments on the NCLGS Conference. He further commended Boyd Gaming for hosting an outstanding reception. City Manager Palo noted that a Broward County Commissioner made some nice comments about him and the reason they think highly of him is because they respect the way he does business. He reaffirmed it was his privilege to represent the City of Dania Beach and he will continue to be a strong advocate for the City. City Manager Pato thanked the Commission for their support. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk—Reminders Saturday, June 23, 2007 — 9:00 a.m. Strategic Planning Session Tuesday, June 26, 2007 —7:00 p.m. Regular City Commission Meeting Thursday, July 19, 2007—6:00 p.m. Abatement Hearing It was the consensus of the Commission to combine the Strategic Planning Session and the Public Services Workshop Meeting on the same date, and hold it before the June 26, 2007, Regular Commission Meeting. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m. 14. Adioumment Mayor Anton adjourned the meeting at 8:51 p.m. AT EST: l CITY,OF,DANIA BEACH LOUISE STILSON, CMC 1$ B ANTON .' CITY CLERK MAYOR-COMMISSIONER Approved: June 26, 2007 Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,June 12,2007—7:00 p.m.