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HomeMy WebLinkAbout19898 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JUNE 26, 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 Ronald Scott, Restoration Outreach Center, gave the Invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Bob Anton Commissioners: John Bertino Anne Castro Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson Absent: Vice-Mayor: Albert C. Jones Commissioner Bertino motioned to approve the absence of Vice-Mayor Jones; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 4. Presentations and Special Event Approvals 4.1 Presentation of Resolution for Sophie Steele— Mayor Anton Mayor Anton presented a copy of Resolution #2007-114 to Sophie Steele's husband, Allen, and several members of the family. This Resolution declares that the Commissioners of Dania Beach will recognize June 1 of each and every year as "Sophie Steele Remembrance Day". 4.2 Special Event Request for the 41h of July Celebration to be held on the beach just north of 300 N. Beach Road, sponsored by Beach Watch from 12:00 p.m. — 12:00 a.m. The Special Event request for the 4`h of July Celebration was withdrawn by the applicant. 4.3 Special Event Request for the Dania Beach Super Boat Grand Prix, sponsored by Super Boat International Productions, Inc., to be held on July 13-15, 2007 Commissioner Flury confirmed with City Manager Palo that the parking lot at the beach will not be closed and that there will be free access to the pier. Robert Chunn, 118 Phippen Road, 43, commented that he would like Dania Beach to do what Sarasota does for the Super Boat Race. He presented some information to the City Commission from the event that took place in Sarasota last weekend. Commissioner Bertino motioned to approve the Special Event request for the Dania Beach Super Boat Grand Prix; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes Addendum 4.4 Presentation of 25 Year Service Awards to Mardie Holloway and Donald Hansen Mary McDonald, Director of Human Resources and Risk Management, and Dominic Orlando, Public Services Director, recognized Mardie Holloway and Donald Hansen for their 25 years of service to the City of Dania Beach. 5. Proclamations There were no proclamations at this meeting. 6. Citizen Comments Kurt Ely, Chairman of the I.T. Parker Community Center Advisory Board, requested a fee waiver for Men United for Positive Action (MUPA) for Friday, July 20, 2007, from 6:00 p.m. — 11:00 p.m. He presented the City Commission with a copy of the minutes from the June 141h Board meeting where the fee waiver was approved. Commissioner Bertino motioned to approve the fee waiver for MUPA; seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote: Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes Kurt Ely, 245 SW I" Avenue, commented that some of the residents in the neighborhood surrounding the parks have complained that the lightning detection system goes off when not needed. He noted that when this happens, people should go inside their houses, as a safety measure. Bob Adams, 330 SE 3`d Terrace, commented on the proposed budget cuts faced by all cities in Broward County. He commented that Dania Beach did not have to cut the budget and complimented the Commission for their excellent work in keeping the taxes under control. Commissioner Flury commented the article in the newspapers was wrong because they used some erroneous data. She indicated last year we cut our taxes by five percent and we will definitely be reducing our taxes in due course. City Manager Palo noted he would contact the Sun Sentinel and The Miami Herald and provide them with the correct information. Commissioner Bertino advised the figures are based upon census figures from before the 2001 Annexation. Mayor Anton noted we have already corrected the error and certified the report. Jimmy Crimminger, 237 SW 151h Street, noted he met with the City Manager and the new Code Enforcement team. He commented the wording on the citation he received is very positive. Mr. Crimminger had kind words to say about the publications displayed in the Atrium at City Hall. He commended the Commission for what they did to honor Sophie Steele. Teddy Bohanan, SW 15d' Street, thanked the Commission, City Manager Palo, BSO Chief Peterson, and Code Enforcement for the great job they have been doing. 7. Consent Agenda Items pulled from Consent Agenda: #7.2, #7.4, #7.6, #7.13 7.1 Minutes: Approve Minutes of the June 12, 2007 City Commission Meeting Resolutions 7.2 RESOLUTION #2007-105 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 Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. 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. (Continued from June 12,2007) City Attorney Ansbro read the title of Resolution #2007-105 and Resolution 42007-120. Commissioner Flury was concerned because we are moving forward with this project with the assumption that we are going to keep moving forward with this project. This project was never approved by the people, while other projects were. She was concerned we would not have any money left when we get to the Library project. Commissioner Flury commented we are in the process of creating a debt policy. She thought we should wait until the Library plan was complete, or perhaps finance this project in three phases. Commissioner Castro agreed with Commissioner Flury's analysis, but noted we may not have come up with the right numbers when we went out for the G.O. Bond. She does not know how we cannot move forward with the water system. Commissioner Castro did not understand how to phase this differently. She emphasized that water is a basic need and we need to build the infrastructure. Commissioner Castro supported moving forward with the proposed projects. Commissioner Bertino commented the Finance Director keeps telling the Commission that our debt ratio is too high. He indicated that we have to provide water, even if we need to borrow money. Dominic Orlando, Director of Public Services, advised the engineer will start the design as soon as approved. He thinks this is a critical situation, and the project could be completed in a year and a half. Commissioner Flury commented this project goes beyond water. She asked if we would consider looking at phasing the project and asked if staff could stay in the trailer for another year. Director Orlando responded it can be done, but it will cost more if we split up the project. He noted we need the garage and the storage area. Commissioner Flury thought extra cost would not be an issue. She noted we have an obligation to provide the community with a Library. Commissioner Castro indicated that Broward County has a vested interest in the Library project. She felt it was too soon to commit to financing on any of the projects. Commissioner Castro advised that Finance Director Varney stated that when money is borrowed from State Revolving Funds, it is normally done by project, so if we split up the projects, there will be more expense involved. Mayor Anton felt confident in staff dealing with the Water Plant and related projects. He noted we would hold our Budget Workshop at the end of July and by then we would have a better understanding of the financial status of the City. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. Commissioner Bertino motioned to approve Resolution 92007-105; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 7.3 RESOLUTION 42007-115 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE GYM EQUIPMENT FOR THE C.W. THOMAS PARK FITNESS ROOM IN AN AMOUNT NOT TO EXCEED $30,000.00 FROM GYM SOURCE INC., UNDER THE SCHOOOL BOARD OF PALM BEACH COUNTY CONTRACT NO. 04C-20C; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2007-118 Revised Resolution A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO OBTAIN CONSTRUCTION SERVICES FOR THE CONSTRUCTION OF ADA RESTROOMS AT FROST PARK FROM COASTAL CONTRACTING AND DEVELOPMENT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $33,600; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of revised Resolution 42007-118. City Manager Pato commented this project was not handled well and he wanted to bring it to the Commission's attention. Colin Donnelly, Assistant City Manager, distributed an explanatory report outlining the need for additional funding. He noted that we received the grant from FRDAP which required the "Optimist Restroom" be made ADA compliant. Further changes were necessary, such as prefabricated restrooms being built, change in floor elevations and additional ADA access ramping, hence the need for more funds to be allocated to this project. Assistant City Manager Donnelly pointed out that all grant related work must be completed by July 31, 2007 to ensure reimbursement of grant funds. Commissioner Flury motioned to approve Resolution #2007-118; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 7.5 RESOLUTION #2007-119 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN DEANNA ENTERPRISES, D/B/A AIA EMPLOYMENT OF MIAMI AND THE CITY OF DANIA BEACH TO PROVIDE SUMMER RECREATION PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO, ADVERTISING, Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION MANAGEMENT FOR AN AMOUNT NOT TO EXCEED $39,000.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION 42007-120 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE DESIGN OF THE PUBLIC SERVICES COMPOUND AND PUBLIC WORKS ADMINISTRATION BUILDING; MAKING FINDINGS; AUTHORIZING THE WORK ORDER FOR $262,060.00 FOR DESIGN SERVICES TO BE PERFORMED BY CAMP DRESSER AND MCKEE, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Bertino motioned to approve Resolution 92007-120; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 7.7 RESOLUTION #2007-121 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING TO THE AWARD OF A CONTRACT TO CAPRI INDUSTRIES, INC. FOR SOLAR STREET LIGHTING; WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS FOR A SUM NOT TO EXCEED $720,800.00; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION #2007-122 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH PROFESSIONAL ACCESS SERVICES, INC., TO PROVIDE FOR THE CONTINUATION OF CONSULTING SERVICES TO THE CITY IN CONNECTION WITH CITY COMPLIANCE WITH THE FEDERAL LAW KNOWN AS THE "AMERICANS WITH DISABILITIES ACT" (THE "ADA") IN AN AMOUNT NOT TO EXCEED $25,000.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION #2007-124 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING RESOLUTION NO. 2007-112 ADOPTED JUNE 12, 2007 TO REVISE THE FUNDING SOURCE FOR PRE- DESIGN ACTIVITIES ASSOCIATED WITH THE NANOFILTRATION PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 RESOLUTION #2007-125 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 $537,515.00 IN FISCAL YEAR 2006-2007, FROM STRAIGHTLINE ENGINEERING SERVICES AND MEF CONSTRUCTION INC. UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID 905-06-012; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,June 26, 2007—7:00 p.m. DATE. 7.11 RESOLUTION #2007-127 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$35,000.00 IN FISCAL YEAR 2006-2007, FROM STRAIGHTLINE ENGINEERING SERVICES AND MET CONSTRUCTION INC. UNDER SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP BID 905-06-012; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.12 RESOLUTION #2007-123 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A CHANGE ORDER TO THE EXISTING AGREEMENT WITH COASTAL CONTRACTING INC. FOR ADDITIONAL CONSTRUCTION WORK IN AN AMOUNT NOT TO EXCEED $6,805.00, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; PROVIDING FOR FUNDING, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.13 RESOLUTION 42007-126 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, URGING THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AND THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS TO CREATE A PROGRAM TO HUMANELY ADDRESS THE PROBLEMS CREATED BY WILD IGUANAS IN THE CITY OF DANIA BEACH AND BROWARD COUNTY, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-126. Commissioner Castro commended Pat Tyra for bringing this issue forward, however, she was not sure whether this would address the problem. Commissioner Castro motioned to approve Resolution 42007-126; seconded by Commissioner Bertino. Commissioner Flury clarified she would not vote for this because the County does not know how to humanely solve this problem. The motion carried on the following 3-1 Roll Call vote: Commissioner Bertino Yes Commissioner Flury No Commissioner Castro Yes Mayor Anton Yes Commissioner Castro motioned to approve the Consent Agenda, with the exception of Items #7.2, #7.4, #7.6 and #7.13; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. 8. Bids and Requests for Proposals There were no proposals at this meeting. 9. Public Hearings and Site Plans 9.1 ORDINANCE #2007-013 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. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-013. He noted this is in response to a City of Hollywood case so that we can be pro-active and meet the requirements of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). 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 second reading; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 9.2 ORDINANCE #2007-011 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY DOREEN BARTLEY, PRESIDENT OF EAGER BEAVER CONTRACTORS FOR THE `BARTLEY" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SW 40Tu AVENUE AND SW 58Tu 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 `BARTLEY" PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2007-011. Corinne Lajoie, AICP, Principal City Planner, explained the location of the property and advised the request is to plat the property and create 9 single family lots and a private road. The Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. i applicant is required to dedicate 3,528 square feet of park land, or payment in lieu of land. Due to the small size of the dedication, staff recommends the impact fee alternative. She indicated that the applicant still has to work with the City's Landscape Consultant and the Public Services Department on a few issues that need to be addressed. The Planning and Zoning Board recommended approval. Laurence Leeds, AICP, Community Development Director, advised the existing house on the property was deducted from the original request. He noted the applicant had requested land dedicated for future road right-of-way on SW 40`h Avenue be deducted from the park dedication requirement. Director Leeds pointed out that there has been no precedent of this in our Code or in practice, and recommended payment of $21, 735.00 as per the formula in the City Code. Director Leeds recommended that the City Commission revisit the Park Impact Fee Ordinance at a future date. Mayor Anton opened the Public Hearing. Maurice Gray, 3910 SW 581h Street, commented all the homes in the neighborhood are situated on over one acre of land. He questioned the acreage for the proposed nine lots, and objected to the number of lots to be added. Shirley Gray, 3910 SW 581h Street, opposed the project. John Bartley, 201 SE 2"d Avenue, applicant, commented that he was willing to withdraw the request for the reduction in the Park Impact fees and accept the amount of$21,735.00. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Castro confirmed with Director Leeds that the project meets the zoning criteria. Commissioner Bertino motioned to adopt Ordinance 42007-011, on second reading; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 9.3 ORDINANCE #2007-012 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) (Continued from June 12,2007) Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. City Attorney Ansbro read the title of Ordinance #2007-012. Corinne Lajoie, AICP, Principal City Planner, advised that Broward County is proposing the rezoning from C-2 (Commercial) to IROM (Industrial Research Office Marine) to allow the construction of a wastewater pump station which is not permitted under C-2. The Planning & Zoning Board recommended approval of 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 indicated she would not vote for a wastewater pump station in Dania Beach. Laurence Leeds, AICP, Community Development Director, advised this station would service the area west of Ravenswood Road, currently under the jurisdiction of the Broward County Office of Environmental Services. Robert Leonard, Project Manager, representing Broward County, noted their first preference was the site where the Broward County Fire Training Station will be built. The third site is just north of this proposed site, but it is heavily wooded. He indicated they chose this site because it is fairly clean. Mayor Anton advised he would not support the request because of the location, which is next to a good quality restaurant in the City. Mr. Leonard clarified that there would be no odor associated with the station. Mayor Anton commented that Broward County owns a lot of property that is more compatible than this. Commissioner Bertino motioned to deny Ordinance #2007-012; seconded by Commissioner Flury. Commissioner Castro suggested that Mr. Leonard contact the City Manager and look at possible sites which would accommodate both the County and Dania Beach. Commissioner Flury thought this was a good suggestion, but she was still bothered that all three possible sites were in Dania Beach. Mr. Leonard explained that the area was chosen because the existing site is not large enough to build the new operation and continue with the current facility. He also noted that it would be less costly construction and easier to operate. Mr. Leonard indicated that building the station west of I-95 would eliminate pumping in both directions, and would accommodate flows for the next 25 years. He further pointed out that the County has a policy of eliminating all septic tanks and putting them on public sewer. The motion carried on the following 4-0 Roll Call vote: Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,June 26, 2007—7:00 p.m. Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton 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. 9.4 RESOLUTION #2007-116 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY EUGENE BUKOVI, FOR PROPERTY LOCATED AT 310 SW 4T" COURT, IN THE CITY OF DANIA BEACH, FLORIDA, FOR SPECIAL EXCEPTION APPROVAL TO ALLOW FENCE WELDING, LIGHT FABRICATION AND ASSEMBLY IN AN "IR" (INDUSTRIAL RESTRICTED) ZONING DISTRICT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-116. Laurence Leeds, AICP, Community Development Director, advised the applicant is requesting a special exception for fence welding, light fabrication and assembly use. He explained most of g g Y P the buildings in the neighborhood are vacant or occupied with warehouse, or industrial uses. The only issue to be determined is the impact of the use on the surrounding neighborhood in terms of noise, fumes and odors. Director Leeds noted that the Planning and Zoning Board recommended approval of the request provided there is no outdoor storage or outdoor activity. There were no citizens' comments at the Planning & Zoning Board meeting. Mayor Anton opened the Public Hearing. Gene Bukovi, applicant, noted this is a family-owned business. He indicated that most of the fabrication is done inside with low noise and no odor. Faye Bartelmes, 214 SW 2nd Terrace, commented she has a lot of friends in the area that plan to expand their homes. She would like assurances that there will not be any noise from the business. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Mr. Bukovi responded for Commissioner Castro that they are open for business Monday-Friday, 8:00 a.m. - 5:00 p.m. He indicated they have been operating since they purchased the property two years ago, and have never received any complaints from the surrounding neighbors. Commissioner Bertino motioned to approve Resolution #2007-116, with the condition that the special exception remains with the current owner, that outdoor storage shall be prohibited, and work hours are limited to 8:00 a.m:5:00 p.m., Monday-Friday and 8:00 a.m.-12:00 p.m. on Saturdays; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 9.5 RESOLUTION 42007-1 1 7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM , ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING HOLLYWOOD INVESTMENTS GROUP, I, LLC., FOR AN EXTENSION RELATING TO THE APPROVALS OF VARIANCE VA-03-06 GRANTED BY RESOLUTION 2006-105; SPECIAL EXCEPTION USE SE-03-06 GRANTED BY RESOLUTION 2006-106; VACATION VC-03-06 GRANTED BY RESOLUTION 2006-112;AND SITE PLAN REQUEST SP-03-06 GRANTED BY RESOLUTION 2006-107, FOR THE PROJECT KNOWN AS PIRATES INN/CASA BENI, FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE 1ST COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-117. Laurence Leeds, AICP, Director of Community Development, noted the original requests were approved on June 27, 2006 and contained 27 conditions. He noted that the conditions will need to be met and a new site plan submitted for approval. Director Leeds indicated the previously approved site plan does not comply with current TOD zoning. The applicant will also need to pay Park Impact fees as well as County Impact fees. Mayor Anton opened the Public Hearing. Wilson Atkinson, attorney representing the applicant, noted several people in the City did not agree with the City Commission's decision and filed an appeal in Court. Mr. Atkinson advised that his client won in court and is now willing to move forward with this project. He pointed out that his client thought this was a viable project, and requested approval for the extension requests. Patty Hart, 517 NE 2"d Place, would like somebody to make a presentation to their neighborhood. She asked the Commission to approve the project. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Attorney Atkinson clarified that Mr. Fellini has always been an owner of the project, and there have been discussions with Lennar, who feels there is value to the approvals granted last year. Director Leeds responded for Commissioner Bertino that the applicant would have to provide 40 additional parking spaces as one of the 27 conditions on the approved site plan request. Commissioner Bertino motioned to continue Resolution #2007-117, subject to the same approvals; seconded by Commissioner Flury. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. Commissioner Castro indicated she would not support the request because there was too much local activity involved. She did not believe Lennar would follow through. Commissioner Castro was frustrated to see that we continue to extend projects and property values continue to rise. She asked if any member of the Commission had financial gain on this property. Commissioner Bertino responded in the negative. Commissioner Flury advised she has not talked to anyone and did not have any financial gain on this property. She further noted that if we do not grant this extension tonight, we are guaranteed that it will sit there for another year. Mayor Anton indicated that he would not support the request. He pointed out that he would only support it if there was an indication from the property owner that he would move forward with the project. Attorney Atkinson noted that his client has sat on his rights for the past year because some residents in Dania Beach filed a lawsuit. He is in the same position that he was in when the Commission approved the plan last year. Attorney Atkinson indicated that a meeting is scheduled with staff and the Mayor this week. He thought one year was just enough time to submit the plans, meet the conditions and obtain a building permit. City Attorney Ansbro recommended deferring this item until the July 24`" City Commission meeting when a full Commission is present. Attorney Atkinson emphasized the fact that the permits will expire in two days. Commissioner Castro noted that somebody from the dais invited the lawsuit. She recommended granting a 90-day extension to allow the applicant to come back and show the Commission that something has been done. Commissioner Bertino withdrew his motion. Commissioner Castro motioned to approve Resolution #2007-117 with a 90-day extension of the previous approvals, subject to the applicant submitting complete plans in compliance with the 27 conditions previously listed and subject to review by staff to determine if the building can be accommodated on the site; seconded by Commissioner Bertino. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes 10. Commission Comments 10.1 Commissioner Bertino Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. Commissioner Bertino commented he had missed the Airport Meeting at the County and the June 12a' Regular Commission Meeting because he was working for his family in North Carolina. He hoped everyone would understand that he was not on vacation. Commissioner Bertino further noted that he had asked Attorney Brenda Chalifour to speak on his behalf at the Airport meeting, but unfortunately she was arrested before she could do so. He expressed his disappointment on the outcome of that meeting and emphasized his support against the south runway expansion. Commissioner Bertino suggested inviting our Airport Special Counsel to attend the Shade Meeting scheduled for Saturday, June 30. City Attorney Ansbro explained the meeting being held on Saturday is an authorized Collective Bargaining Agreement discussion with no statutory notice required. He further clarified that this type of meeting is exempt from the Sunshine Law and therefore the public is not invited. Commissioner Bertino indicated we need to have our Special Counsel to lay down the parameters and have their advice in order to find out what our next step should be. City Attorney Ansbro clarified for Commissioner Bertino that holding a Shade meeting with an attorney would require having active litigation that has been filed and giving notice to the public so they are aware that there will be a meeting, but attendance is not permitted. Mayor Anton advised he has met with Neal McAliley on a regular basis. He suggested inviting him to a regular meeting. Commissioner Flury suggested Commissioner Bertino should set up a private meeting with our Special Counsel because everyone else has met with him. Commissioner Bertino would like our Code Compliance Unit to visit the Dania Beach Hotel again and proceed with its demolition as soon as possible. City Attorney Ansbro reported that staff has met with the owner of the property and they have a week to submit certain documentation. If this is not done, the City will make arrangements for the building to be demolished. 10.2 Commissioner Castro Commissioner Castro thought it would be beneficial to the City to join the Marine Industry Association of South Florida. She noted the membership fee was $250.00. Commissioner Castro requested an application be sent to the City Manager. It was the consensus of the Commission to direct City Manager Pato to submit the membership application for the City to become a member of the Marine Industry Association of South Florida. Commissioner Castro advised there will be a Summer Gallery Series at Grace Caf6, 49 N. Federal Highway, on Saturday, June 30, from 10:00 a.m. to 6:00 p.m. She encouraged residents to enjoy the Fine Art Barbeque. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. Commissioner Castro noted the Triangle Village Civic Association contacted her about the possibility of rebuilding the COPS program. She wanted BSO Chief Peterson to be aware of their desire. Commissioner Castro expressed her sincere sympathies to the family of Sophie Steele. She noted her many accomplishments which were performed without expecting a reward. Commissioner Castro commented that Sophie's death is a great loss for the City, and she will be sorely missed. 10.3 Commissioner Flury Commissioner Flury had no comments. 10.4 Vice-Mayor Jones Vice-Mayor Jones was not present at this meeting. 10.5 Mayor Anton Mayor Anton advised CNN Headline News will run comments that he and the City Manager made regarding the Ft. Lauderdale-Hollywood International Airport. Mayor Anton pointed out that the County backed out of the lawsuit with Dania Beach and the City of Hollywood. 11. Discussion and Possible Action Addendum 11.1 Status of Traffic Calming Improvements—Dixie Highway and SW 2"d Avenue Dominic Orlando, Director of Public Services, made a presentation on the three options suggested by Kimley-Horn, based on their Memo previously submitted to the Commission. He noted that Kimley-Horn met with the Broward County Traffic Engineering Division (BCTED) and they were advised that the County would not approve any of the options presented. Commissioner Castro did not like the fact that one of our consultants said the intersection would not warrant a 4-way stop at the meeting with Broward County. She also commented AMO was interested in developing the area. Commissioner Castro would like to get some part of the CPTED study completed, and recommended allocating $15,000 to install raised intersections where needed. Mayor Anton thought we needed to ask the community what they want and then come up with a decision. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. Commissioner Flury thought our consultants should meet with the community to review the options with them. Commissioner Castro suggested talking to AMO to find out what their plans are and if they are willing to develop this area. Mayor Anton indicated he brought this up tonight because there were very few people at the Workshop on June 23. He further pointed out that our options are limited unless we get the property dedicated from AMO. If this is not possible, we should move forward with Commissioner Castro's suggestion. John Messarian, Calvin Giordano and Associates, advised that the County approved the permits for the work to be done on Sheridan Street and SW 2"d Avenue. He noted the permits should be ready in a couple of days and they would like to advertise for Bids as soon as possible. Mayor Anton stated he would like this job completed by the end of this summer, regardless of what needs to be done. 12. Appointments There were no appointments made at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Palo asked Deputy Fire Chief Cassano and Community Development Director Leeds to provide reports. Deputy Fire Chief Cassano updated the Commission on the CERT Team. He explained that this Program is a joint venture with the City of Fort Lauderdale Fire-Rescue. Deputy Fire Chief Cassano noted that six citizens of Dania Beach are participating in the training, and it is almost complete; two others attended training at the Lauderdale Lakes Program. He indicated that once they are certified, they will be used at the Point of Distribution (POD) and to augment staff at the EOC to answer phones. Director Leeds advised they have been working with Publix on their emergency generators. One diesel generator has been constructed at the store on Dania Beach Boulevard; the second will be located at the Sheridan Street location; the final generator will be at the Griffin Road Publix. Director Leeds indicated there may be some complaints about noise when the generators are running, but it is important that stores are operational after the storm. Director Leeds noted that the generators will run continuously if power is lost. He noted that Gas Stations are also required to install generators, as required by state law. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,June 26, 2007—7:00 p.m. 13.2 City Attorney City Attorney Ansbro noted that at the December 121h City Commission meeting, the Commission approved allocating funds to hire consultants on a research basis, and to purchase the necessary software to allow us to scan Airport related documents. He noted the Auditors require a specific approval of a not to exceed sum of $75,000 in order to pay Morten Beyer & Agnew Aviation Consulting for a Noise Impact Study. Commissioner Castro motioned to approve an amount not to exceed $75,000 for Morten Beyer & Agnew to provide a study of noise impact with regard to the planned capacity expansion of the Ft. Lauderdale-Hollywood International Airport, with funding from the Airport Fund; seconded by Commissioner Bertino. The motion carried on the following 4- 0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes Patricia Varney, Director of Finance, requested additional funding to pay White and Case, Special Airport Attorneys. She suggested an amount of$60,000 to be derived from the $500,000 Airport Litigation Fund. Mayor Anton indicated we did not need to set a figure, just use the money from the Airport Reserve Fund. Commissioner Flury motioned to approve $100,000 legal fees for White & Case, with funding from the Airport Fund; seconded by Commissioner Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Bertino Yes Commissioner Flury Yes Commissioner Castro Yes Mayor Anton Yes City Attorney Ansbro advised that he, as well as City Manager Pato and Finance Director Varney, attended a very helpful and informative Property Tax Seminar sponsored by the law firm of Weiss Scrota. 13.3 City Clerk—Reminders Saturday, June 30, 2007 — 10:00 a.m. Executive Session—Union Negotiations Thursday, July 19, 2007—6:00 p.m. Abatement Hearing Tuesday, July 24, 2007— 7:00 p.m. Regular City Commission Meeting 14. Adjournment Mayor Anton adjourned the meeting at 9:43 p.m. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,June 26,2007—7:00 p.m. ATTEST: CITY OF DANIA BEACH LOUISE STILSON, C C 11013 ANTON CITY CLERK MAYOR-COMMISSIONER Approved: July 24, 2007 Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,June 26, 2007—7:00 p.m.