HomeMy WebLinkAbout22334 - MINUTES - City Commission MINUTES OF REGULAR MEETING
DANIA BEACH CITY COMMISSION
TUESDAY, JULY 24, 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
Father Roger Holoubek, St. Maurice Catholic Church, gave the Invocation followed by the
Pledge of Allegiance to the United States Flag.
Vice-Mayor Jones asked for a moment of silence for Michael Curry who was killed by a car
bomb in Afghanistan, along with three others today.
3. Roll Call
Present:
Mayor: Bob Anton
Vice-Mayor: Albert C. Jones
Commissioners: John Bertino
Anne Castro
Patricia Flury
City Manager: Ivan Pato
City Attorney: Thomas Ansbro
City Clerk: Louise Stilson
4. Presentations and
Special Event Approvals
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4.1 Broward Sheriff's Office Fire Rescue Issues — Sergio Pellecer, Union President,
Dania Beach Fire Department
Sergio Pellecer explained that our community may be affected by the proposed tax reform and
we may have to face budget constraints. He requested the Commission consider the following
items: 1) a one year extension to the Firefighters Union Contract, including COLA, while they
negotiate a new contract; and 2) allow the City Manager to do a fact-finding investigation with
the Broward County Sheriff's Office for fire services. Mr. Pellecer advised he was representing
the Union and this is what they want, although they have not voted on this issue.
Commissioner Castro thought the Firefighters should be able to look for every opportunity for
them and their families. She supported the fact-finding investigation.
Commissioner Flury felt it was inappropriate for the Firefighters Union President to be here
without a Union vote. She thought this was not the right time to talk to the Broward County
Sheriffs Office, since they are now undergoing certain investigations.
Mayor Anton clarified that nobody is talking about merging the Dania Beach Fire Department
with Broward County or the City of Hollywood. He did not see a problem in having the City
Manager research other options and thought it was a wise decision to make at this time.
However, the contract extension was a collective bargaining issue to be discussed separately.
Vice-Mayor Jones indicated we all want what is best for the citizens of Dania Beach and our
Firefighters. He wanted to insure that the exploration was the sentiment of the Union. Although
we are not interested in merging with BSO at this time, we can definitely explore this option.
Commissioner Flury clarified she was not in favor of proceeding with this action. She further
noted that if the Commission chooses to move forward, it should be through the City Manager
only, and should also include exploration of the Town of Davie, City of Hollywood, and the City
of Ft. Lauderdale.
Commissioner Bertino commented our Firefighters provide an excellent service and know our
residents very well. He would like to know if a majority of our Firefighters want to move to the
County. He thought a fact-finding was counterproductive and would ruin Firefighter morale.
Commissioner Castro thought the Firefighters would discover that Dania Beach is better than
whatever else is out there. As to the contract extension, she did not oppose a one-year extension.
Mayor Anton once again clarified that this was only a fact-finding investigation to be handled
through the City Manager.
Commissioner Flury wanted to make sure that the City Manager's main focus would be on cost
and quality and not opportunities for promotion.
Sergio Pellecer noted that six years ago Commissioner Flury told him he needed to look for
options somewhere else, and that is what they now want to do. He pointed out that Dania Beach
is the only City that sends out a fire truck with only two Firefighters, and that is not safe.
City Manager Pato reassured the Commission that he would personally handle the fact-finding
investigation and would not delegate this matter to anyone else.
4.2 Presentation and motion to approve the City of Dania Beach Debt Management
Policy—Patricia Varney, Director of Finance
It was the consensus of the Commission to continue this item until the August 14, 2007 City
Commission meeting, in order to allow the Commission more time to review the proposed
policy.
Minutes of Regular Meeting 2
Dania Beach City Commission
Tuesday,July 24,2007—7:00 p.m.
Mayor Anton congratulated staff for their hard work on the Budget. He specifically recognized
the Finance Department staff for their time and effort with the preparation of the Budget.
5. Proclamations
5.1 Dania Lions Club 60`h Anniversary
Mayor Anton presented the Dania Lions Club 601h Anniversary Proclamation to Jim Silvemale,
President of the Dania Beach Lions Club, and several other members of the Dania Beach Lions
Club.
Jim Silvemale presented Mayor Anton with a plaque for the City of Dania Beach in recognition
of their support to the Dania Beach Lions Club.
6. Citizen Comments
Jimmy Crimminger, 237 SW 15`h Street, thanked Mayor Anton and Commissioner Castro for
moving the traffic calming project forward for his neighborhood. He noted that Lisa Young and
Joe Van Eron will continue to work with the Maritime Organization on the acquisition of
property for the turn circle.
7. Consent Agenda
7.1 Minutes:
Approve Minutes of the June 23, 2007 Strategic Planning Session
Approve Minutes of the June 26, 2007 City Commission Meeting
7.2 Travel Requests:
Conference registration for Joe Van Eron, President of the Dania Beach Tourism Council, and
Commissioner Anne Castro to attend the 401h Annual Florida Governor's Conference on
Tourism. (Cost$590)
Resolutions
7.3 RESOLUTION 42007-137
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE PROPER CITY
OFFICIALS TO EXECUTE A ONE YEAR RENEWAL AGREEMENT ON BEHALF OF THE CITY WITH DRC
EMERGENCY SERVICES, LLC, FOR DISASTER RECOVERY SERVICES WITHOUT COMPETITIVE
BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS, FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
Minutes of Regular Meeting 3
Dania Beach City Commission
Tuesday,July 24,2007—7:00 p.m.
Commissioner Flury motioned to approve the Consent Agenda; seconded by Commissioner
Bertino. The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Jones Yes
Commissioner Castro Yes Mayor Anton Yes
Commissioner Flury Yes
8. Bids and Requests for Proposals
8.1 RESOLUTION #2007-135
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA RELATING
TO THE AWARD OF CONTRACT FOR THE PUBLIC SAFETY FACILITY 93, LOCATED AT 4601 SW 30Tu
AVENUE; AUTHORIZING THE AWARD OF BID TO BRADANNA, INC. IN THE AMOUNT OF
$3,039,500.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT;
PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2007-135.
Commissioner Flury motioned to approve Resolution #2007-135; seconded by
Commissioner Castro. The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Jones Yes
Commissioner Castro Yes Mayor Anton Yes
Commissioner Flury Yes
8.2 RESOLUTION #2007-136
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING
TO THE AWARD OF CONTRACT FOR THE LASER GRADE AND RE-SODDING PROJECTS AT P.J. MELT,
FROST AND C.W. THOMAS PARKS; AUTHORIZING THE AWARD OF BID TO SPORTS TURF ONE, INC.
IN THE AMOUNT OF $267,578.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE
AGREEMENT; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution 42007-136.
Commissioner Bertino motioned to approve Resolution #2007-136; seconded by
Commissioner Castro. The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Jones Yes
Commissioner Castro Yes Mayor Anton Yes
Commissioner Flury Yes
9. Public Hearings and Site Plans
Minutes of Regular Meeting 4
Dania Beach City Commission
Tuesday,July 24,2007—7:00 p.m.
9.1 ORDINANCE #2007-014
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 GENERALLY
NORTH OF THE DANIA CUT-OFF CANAL AND SOUTH OF TAYLOR LANE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(FIRST READING)
City Attorney Ansbro read the title of Ordinance #2007-014.
Laurence Leeds, AICP, Director of Community Development, advised this is a zoning text
change initiated by the property owners in the area known as Port Laudania, to allow existing
boat-building businesses to continue operations consistent with past practice. The City Attorney
advised that business owners must either comply with the current IG zoning or the IG zoning
would need to be amended. Director Leeds advised that the Planning and Zoning Board
recommended approval of the request with certain conditions. Staff concurred with some of the
Planning and Zoning Board recommendations in addition to other options that could be
addressed between first and second reading of the Ordinance.
Mayor Anton explained that the request is to allow a barge, so that a crane could be loaded onto
a barge when needed. He indicated that while we are trying to accommodate the businesses
involved, he would not support leaving the barges permanently.
Commissioner Flury suggested allowing barge/shipping operations no more than six times per
year.
Director Leeds confirmed the Commission consensus for operations to be conducted no more
than six times per year.
Heidi Davis Knapik, Gunster Yoakley, Attorney for the applicant, confirmed they are agreeable
to six times per year, but would like the option to come before the Commission if additional
times are necessary. She noted that sometimes the barges are needed for more than one day at a
time. She requested including some language stating the total operating days allowed per year.
Commissioner Flury thought we should give them flexibility to run their business. She
suggested a maximum of forty-five days per operation, and if additional time is required, the
applicant could request permission from the City Manager or the City Commission.
Director Leeds pointed out that the current language would allow the companies to work as
shipping companies. He further noted that if it is regulated, a permit should be required so that
we have a record showing how many times the barge has been there.
Mayor Anton opened the Public Hearing.
Jimmy Crimminger, 237 SW 151h Street, commented that people have told him that the City is
very quick issuing permits. He was concerned about the contents of the containers and terrorism.
Minutes of Regular Meeting 5
Dania Beach City Commission
Tuesday,July 24,2007—7:00 p.m.
Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public
Hearing.
A representative of Derecktor Gunnell explained the use of containers.
City Attorney Ansbro confirmed wording relating to the containers could be included in the
Ordinance.
Commissioner Castro motioned to adopt Ordinance #2007-014, on first reading with the
provision that we allow no more than six barge operations per business per year, no more
than two barges at a time, not exceeding 30 days without staff approval, and the permit
requirement at the discretion of staff; seconded by Commissioner Bertino.
Attorney Davis Knapik confirmed the applicant concurred with the Commission's decision.
The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Jones Yes
Commissioner Castro Yes Mayor Anton Yes
Commissioner Flury Yes
The Commission further discussed the type of paving to be used in the parking areas.
Commissioner Bertino motioned to allow gravel parking in all areas; seconded by
Commissioner Castro. The motion carried on the following 4-1 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Jones Yes
Commissioner Castro Yes Mayor Anton No
Commissioner 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.
Mayor Anton, Vice-Mayor Jones and Commissioner Castro disclosed they had been contacted
regarding Items #9.3, #9.4 and #9.5.
9.2 RESOLUTION #2007-131
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST
SUBMITTED BY HARRY A. ROLLE, HAR PROPERTIES CORPORATION, FROM CHAPTER 28, "ZONING",
ARTICLE 5,"SUPPLEMENTARY LOT REGULATIONS"AND ARTILCE 6.21 "SCHEDULE OF OFF-STREET
PARKING REQUIREMENTS", FOR VACANT PROPERTY GENERALLY LOCATED AT 377 PHIPPEN-
WAITERS ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution #2007-131.
Minutes of Regular Meeting 6
Dania Beach City Commission
Tuesday,July 24,2007—7:00 p.m.
Laurence Leeds, AICP, Community Development Director, advised that the applicant is
requesting three variances to construct a new single family home on an existing non-conforming
lot. The Planning and Zoning Board recommended approval.
Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
Harry Rolle, 218 NW 71h Avenue, applicant, noted this would be a spec house. He indicated the
proposed plan is for three bedrooms, two bathrooms, and a three-car brick paver driveway.
However, due to the limitations in size, he reduced the parking spaces to two.
Commissioner Flury noted the project would be a significant improvement to the area. She
thought we should allow three parking spaces, made of some type of pervious material.
Commissioner Castro motioned to adopt Resolution #2007-131, with additional parking
and pervious pavers; seconded by Vice-Mayor Jones. The motion carried on the following
5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Jones Yes
Commissioner Castro Yes Mayor Anton Yes
Commissioner Flury Yes
9.3 RESOLUTION #2007-128
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST
SUBMITTED BY STEPHANIE J. TOOTHAKER,ESQ., ON BEHALF OF THE PROPERTY OWNERS ROBERT
AND DONNA KRILICH, FOR THE PROJECT ALSO KNOWN AS OTO DANIA BEACH HOTEL; FOR
PROPERTY GENERALLY LOCATED NORTH OF STIRLING ROAD, SOUTH OF DANIA BEACH
BOULEVARD EXTENDED, AND EAST OF INTERSTATE 95, DANIA BEACH; FROM CHAPTER 28,
"ZONING"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution 42007-128, Resolution 92007-129 and
Resolution #2007-130 because they all relate to the same property.
Corinne Lajoie, AICP, Principal City Planner, explained the location of the property. The
Special Exception is required for hotel use; variances are for parking, building height, and
loading berths. The Planning and Zoning Board recommended approval of all three requests
with conditions. She noted that staff also recommends approval with the added condition that
the Special Exception shall only apply to a Hyatt Place Hotel and Summerfield Suites Hotel.
Commissioner Bertino noted crime is increasing in parking lots within the City. He questioned if
projects like this were also processed by BSO for their input.
Laurence Leeds, AICP, Community Development Director, indicated some projects are brought
to the attention of BSO, however, they did not see a safety issue in this case.
Minutes of Regular Meeting 7
Dania Beach City Commission
Tuesday,July 24,2007—7:00 p.m.
Mayor Anton opened the Public Hearings.
m
JimmyCrimmin er 237 SW 15 Street hoped the request would be approved.
g P 9 PP
Stephanie Toothaker, Blosser & Sayfic, Attorney for OTO Development, presented a Power
Point presentation. She noted that she concurred with staff recommendations, except for the
hours of operation for the shuttle. Attorney Toothaker clarified that the hours of operation of the
airport shuttle would be 5:00 a.m. to 12:00 midnight, and that between 12:00 midnight and 5:00
a.m. it would be an on-demand taxi service. She referred to the proposed relocation of the traffic
signal and construction of a turn lane at SW 18`h Avenue abutting the property of Frontier
Development. Attorney Toothaker advised that OTO Development has offered a large
contribution to Frontier Development toward that construction. She distributed self-explanatory
documentation to the Commission, copies of which are attached to and incorporated into these
minutes. Attorney Toothaker pointed out that they agree with all staff recommendations. The
only condition they cannot completely support is that the approval shall apply only to the Hyatt
Hotel. She indicated that their contract with the Hyatt is for twenty years, with no automatic
renewal, and they cannot commit beyond that period of time.
Director Leeds confirmed for Vice-Mayor Jones that the City's traffic engineers, Kimley-Horn
and Associates, did not see any problems with this project.
Commissioner Flury would like future site plans to show the property location as City of Dania
Beach and not Fort Lauderdale.
Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public
Hearing.
Commissioner Castro motioned to adopt Resolution #2007-128, with staff conditions;
seconded by Commissioner Flury. The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Jones Yes
Commissioner Castro Yes Mayor Anton Yes
Commissioner Flury Yes
9.4 RESOLUTION #2007-129
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING A REQUEST SUBMITTED BY
STEPHANIE J. TOOTHAKER, ESQ., ON BEHALF OF PROPERTY OWNERS ROBERT AND DONNA
KRILICH, FOR A SPECIAL EXCEPTION TO ALLOW HOTEL USE IN A C-2 (COMMERCIAL) ZONING
DISTRICT; FOR PROPERTY GENERALLY LOCATED NORTH OF STIRLING ROAD, SOUTH OF DANIA
BEACH BOULEVARD EXTENDED, AND EAST OF INTERSTATE 95, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Castro motioned to adopt Resolution #2007-129, with staff conditions;
seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Jones Yes
Minutes of Regular Meeting 8
Dania Beach City Commission
Tuesday,July 24,2007—7:00 p.m.
Commissioner Castro Yes Mayor Anton Yes
Commissioner Flury Yes
9.5 RESOLUTION #2007-130
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PROPOSED SITE PLAN
REQUEST SUBMITTED BY STEPHANIE J. TOOTHAKER, ESQ., ON BEHALF OF THE PROPERTY
OWNERS ROBERT AND DONNA KRILICH FOR THE PROJECT ALSO KNOWN AS OTO DANIA BEACH
HOTEL; FOR PROPERTY GENERALLY LOCATED NORTH OF STIRLING ROAD, SOUTH OF DANIA
BEACH BOULEVARD EXTENDED, AND EAST OF INTERSTATE 95, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Commissioner Castro motioned to adopt Resolution #2007-130, with staff conditions;
seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Jones Yes
Commissioner Castro Yes Mayor Anton Yes
Commissioner Flury Yes
9.6 RESOLUTION #2007-132
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST
AND SETBACK WAIVER SUBMITTED BY MILLER LEGG & ASSOCIATES, INC. ON BEHALF OF THE
PROPERTY OWNER MARINA MILE PARK OF COMMERCE, LLC., FOR PROPERTY GENERALLY
LOCATED ON THE EAST SIDE OF SW 30T"AVENUE AND SOUTH OF STATE ROAD 84, IN THE CITY OF
DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
City Attorney Ansbro read the title of Resolution #2007-132.
Corinne Lajoie, AICP, Principal City Planner, explained the location of the property. She
advised the applicant is requesting a waiver and site plan for an office/warehouse development.
The Planning and Zoning Board recommended approval provided staff comments were
addressed before issuance of a building permit.
Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or
opposition, he closed the Public Hearing.
George Platt, Shutts & Bowen, Attorney for the applicant, noted this would be a green building
consistent with the standards the Commission supports. He thought this would be a solid
addition to the City of Dania Beach.
Laurence Leeds, AICP, Community Development Director, clarified for the record that if the
applicant decides to phase this project, they will not have to come back to the City Commission,
as long as sufficient parking, landscaping and fire access requirements are met.
Commissioner Bertino motioned to adopt Resolution #2007-132, subject to staff conditions;
seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote:
Minutes of Regular Meeting 9
Dania Beach City Commission
Tuesday,July 24,2007—7:00 p.m.
Commissioner Bertino Yes Vice-Mayor Jones Yes
Commissioner Castro Yes Mayor Anton Yes
Commissioner Flury Yes
10. Commission Comments
10.1 Commissioner Bertino
Commissioner Bertino had no comments.
10.2 Commissioner Castro
Commissioner Castro thought the Antique Sign on Federal Highway should be changed or
updated.
Commissioner Flury commented that the "Welcome to Dania Beach" sign at Miami Subs also
needs to be maintained.
Commissioner Castro thanked Leo Williams and Randy Kemmerling, Public Services
Department, for addressing several tree issues in the City.
Commissioner Castro commented the Lions Club event was terrific and very well attended. She
recognized June Silvernale for her hard work.
Commissioner Castro noted that neighbors in the area of Mullikin Park would like to convert the
tennis court into a full basketball court. She suggested following the same procedure the
Building Department uses whenever we have a new project. Commissioner Castro thought the
residents needed to know what to do to have their request accomplished.
Commissioner Castro congratulated Principal City Planner Corinne Lajoie on the upcoming
delivery of her baby.
10.3 Commissioner Flury
Commissioner Flury commented that the Miami Herald reported on June 301h that Dania
Elementary became an "A" school. She suggested sending a letter to the school on behalf of the
Commission. She thought we should acknowledge and recognize the children's
accomplishments.
Commissioner Flury expressed her sympathies to the Curry family on their loss.
Commissioner Castro advised there will be an article entitled "A Place to Live" in the Miami
Herald on August 4'h which will spotlight Dania Beach.
Minutes of Regular Meeting 10
Dania Beach City Commission
Tuesday,July 24,2007—7:00 p.m.
10.4 Vice-Mayor Jones
Vice-Mayor Jones expressed his condolences to the Curry family.
Vice-Mayor Jones thanked everyone for their good wishes on his recent hip replacement surgery.
Vice-Mayor Jones thanked the City for co-sponsoring Progress in the Park with United Churches
of Liberia.
Vice-Mayor Jones thanked Men United for Positive Action (MUPA) and the African-American
Village Council (AAVC) for recognizing him and other citizens in Dania Beach, at their recent
event held at I.T. Parker Community Center.
Vice-Mayor Jones read a letter sent to Ben Rudbeck of the Fire Department, from Memorial
Regional Hospital, recognizing the good work of the Dania Beach Fire Rescue staff.
Vice-Mayor Jones advised that on August 19, the oldest African American Church will be
celebrating their 99`h Anniversary. He invited the Mayor and members of the Commission to
participate in their celebration. Vice-Mayor Jones would like Mayor Anton to present a
Proclamation at this event.
Vice-Mayor Jones commented he was concerned with the type of service we were receiving
from our waste management provider, as well as the bulk rate. He noted that they have failed to
pick-up on the scheduled day, particularly in the southwest area. Vice-Mayor Jones would like
to include verbiage when we re-negotiate this contract clarifying that they should let the City
know whenever they cannot comply with their scheduled dates.
Vice-Mayor Jones commented the Marine Advisory Board had asked if we could give preference
to citizens for docking. He asked City Attorney Ansbro to find out what other cities do and
report back to the Commission.
10.5 Mayor Anton
Mayor Anton commented that the Progress in the Park was a good event. He thanked BSO and
the Hollywood Police Department for a great job in coordinating the parades.
Mayor Anton advised that there will be a follow-up meeting for the southwest area in the
Conference Room at City Hall, on Saturday,July 28, at 10:00 a.m.
Mayor Anton commented he is concerned about people parking in the swale areas and the
property owners not being able to do anything about it. He asked City Attorney Ansbro to look
at the swale parking ordinance and report back to the Commission.
Minutes of Regular Meeting 11
Dania Beach City Commission
Tuesday,July 24,2007—7:00 p.m.
11. Discussion and Possible Action
11.1 Motion to establish certification of the following "not to exceed" rates to Broward
County Property Appraiser's Office for Fiscal Year 07-08:
a. Millage Rate—Motion to confirm operating rate
Commissioner Bertino motioned to confirm the Operating Millage Rate of 5.4044 mills;
seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Jones Yes
Commissioner Castro Yes Mayor Anton Yes
Commissioner Flury Yes
b. Millage Rate—Motion to confirm debt service rate
Commissioner Castro motioned to confirm the Debt Service Rate of 0.1316 mills; seconded
by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Jones Yes
Commissioner Castro Yes Mayor Anton Yes
Commissioner Flury Yes
c. Motion to confirm Stormwater Rate
Commissioner Castro motioned to confirm the Stormwater Assessment Rate of S23 per
ERU; seconded by Vice-Mayor Jones. The motion carried on the following 5-0 Roll Call
vote:
Commissioner Bertino Yes Vice-Mayor Jones Yes
Commissioner Castro Yes Mayor Anton Yes
Commissioner Flury Yes
11.2 RESOLUTION 42007-133 Revised Resolution
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE PROVISION OF FIRE
RESCUE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF DANIA BEACH, FLORIDA;
ESTABLISHING THE "NOT TO EXCEED" ASSESSMENT RATE FOR FIRE RESCUE ASSESSMENTS FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 2007; DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF
NOTICE OF SUCH HEARING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
FURTHER PROVIDING AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution 42007-133.
Vice-Mayor Jones motioned to approve Resolution #2007-133, establishing the Fire Rescue
Assessment Rate; seconded by Commissioner Bertino. The motion carried on the following
5-0 Roll Call vote:
Minutes of Regular Meeting 12
Dania Beach City Commission
Tuesday,July 24,2007—7:00 p.m.
Commissioner Bertino Yes Vice-Mayor Jones Yes
Commissioner Castro Yes Mayor Anton Yes
Commissioner Flury Yes
11.3 RESOLUTION 42007-134
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE COLLECTION AND
DISPOSAL OF SOLID WASTE IN THE CITY OF DANIA BEACH, FLORIDA;ESTABLISHING THE NOT TO
EXCEED ASSESSMENT RATE FOR SOLID WASTE SERVICE ASSESSMENTS AGAINST ASSESSED
PROPERTY LOCATED WITHIN THE GRIFFIN ROAD ANNEXATION AREA AND THE ANNEXED AREA
DESCRIBED IN CHAPTER 2000474, LAWS OF FLORIDA, OF THE CITY OF DANIA BEACH FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2007; DIRECTING THE PREPARATION OF AN ASSESSMENT
ROLL; AUTHORIZING A PUBLIC HEARING AND DIRECTING THE PROVISION OF NOTICE OF SUCH
HEARING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE.
City Attorney Ansbro read the title of Resolution 42007-134.
Commissioner Bertino motioned to approve Resolution #2007-134, establishing the Solid
Waste Assessment Rate; seconded by Vice-Mayor Jones. The motion carried on the
following 5- 0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Jones Yes
Commissioner Castro Yes Mayor Anton Yes
Commissioner Flury Yes
City Attorney Ansbro advised that following the discussions held at the Budget Workshop today,
we would need a motion regarding the Airport Reserve Fund. The motion should state that at the
end of FY 2007 the Airport Reserve Fund should reflect a balance of $500,000 and that the
payment for the Sound Study in connection with the Airport litigation would be funded from the
General Fund.
Commissioner Castro motioned to have the financial statement for the end of FY 2007
related to the Airport Reserve Fund reflect a balance of $500,000, and that the Sound
Study in connection with the Airport litigation be funded from the General Fund; seconded
by Vice-Mayor Jones. The motion carried on the following 5- 0 Roll Call vote:
Commissioner Bertino Yes Vice-Mayor Jones Yes
Commissioner Castro Yes Mayor Anton Yes
Commissioner Flury Yes
12. Appointments
There were no appointments made at this meeting.
Minutes of Regular Meeting 13
Dania Beach City Commission
Tuesday,July 24,2007—7:00 p.m.
13. Administrative Reports
13.1 City Manager
City Manager Pato commented that the August 1, 2007 CRA Board Meeting, has one item
regarding the Library. Because there are no other topics to discuss, City Manager Palo asked the
Commission whether a meeting should be held.
It was the consensus of the Commission to hold the CRA Meeting on August 1, 2007 at 6:00
p.m.
City Manager Pato advised the Commission that if they were considering placing any
referendum items on the November 2008 ballot, they should know that the deadline for items to
be included is June 20, 2008.
City Manager Palo commented on a memo he received from Broward County inviting him to
participate on a committee for the creation of a Center for International Business. The meetings
will last approximately 90-days and the purpose would be to promote international development
and to possibly identify sites for this Center to be built or rented. He asked for Commission
direction.
The consensus of the Commission was that City Manager Pato participate on the committee,
provided he makes no recommendation on behalf of the City without Commission approval.
13.2 City Attorney
City Attorney Ansbro had no comments.
13.3 City Clerk—Reminders
Wednesday, August 1, 2007— 6:00 p.m. CRA Board Meeting
Tuesday, August 14, 2007 — 7:00 p.m. Regular City Commission Meeting
Tuesday, August 28, 2007 — 7:00 p.m. Regular City Commission Meeting
14. Adiournment
Mayor Anton adjourned the meeting at 9:41 p.m.
A7EST: CITY OF ANIA BEACH
/�,ry
LOUISE STILSON, CMC BOB ANTON/`
CITY CLERK MAYOR-COMMISSIONER
Approved: August 14, 2007
Minutes of Regular Meeting 14
Dania Beach City Commission
Tuesday,July 24,2007—7:00 p.m.
Emerald Lake Corporate Park
3111 Stirling Road
Fort Lauderdale,Florida 33312-6525
BECKER &-o Phone:(954)987-7550 Fax: (954)985-4176
POLIAKQFF US Toll Free:(800)432-7712
Mailing Address:
P.O.Box 9057
Ft.Lauderdale,FL 33310-9057
ADMINISTRATIVE OFFICE Reply To:
3111 STIRLING ROAD July 24, 2007 Fort Lauderdale
FORT LAUDERDALE,FL 33312
800.432 7713 U.S.TOLL FREE Keith M.Pol954) 9, 5-41
Direct dial: (954) 985-4183
YVWACBECKER-POLIAKOFECOM KPoliakoff(E.)becker-poliakoff.com
BP(.10 BECKER-POLIAKOFECOM
BY HAND DELIVERY
Honorable Mayor Anton and City Commissioners
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
Re: City Commission Items 9.3, 9.4, & 9.5 (OTO Dania Beach Hotel)
FLORIDA OFFICES Dear Mayor Anton:
BOCA RATON
As you know, our client, Frontier Development, LLC, had some reservations
FORT MYERS
FORT WALTON BEACH regarding the above agenda items as it related solely to the access from Stirling
Road.
HOLLYWOOD
HOMESTEAD I am pleased to inform you that we have met with Ms. Toothaker and her client
MELBOURNE- and by working together we have successfully resolved our concerns.
MIAMI Accordingly, this letter serves to inform you that we support the OTO Dania
NAPLES
Beach Hotel project.
oaurvoD
PORT ST.LUCIE
Best regards,
SARASOTA
TALLAHASSEE
TAMPA BAY
WEST PALM BEACH Keith M. Poli
U.S.B GLOBAL OFFICES
SPRING'
NETWORK CITY cc: Stephanie Toothaker
PARIS-
PRAGUE FTL_DH:1061759_1
TEL AVIV A
'b'.A'.N.NV only
LEGAL AND BUSINESS STRATEGISTS
MFMBEPS OF CONSULEGIS AN INTERNATIONAL ASSOCIATION OF LAW FIRMS AND NETWORK OF LEADING LAW FIRMS
BLOSSER 450 East Las Olas Boulevard
Suite 700
&SAYFIE Fort Lauderdale, Florida 33301
954.523.2427
COUNSELORS AT LAW
954.523.91469146 fax
James J. Blosser
Justin J.Sayfie
July 24, 2007 Stephanie J. Toothaker
Norman Ostrau
Jordana L.Jarjura
Keith Poliakoff, Esq.
Becker& Poliakoff
Emerald Lake Corporate Park
3111 Stirling Road
Fort Lauderdale, FL 33312-6525
RE: Frontier Development-Dania Beach Project
Mr. Poliakoff:
Together with our client, OTO Development, we have considered your June 22nd and subsequent
e-mail requests for OTO to pay for the relocation of the traffic signal and construction of a turn lane on
the roadway(SW 18`"Avenue) abutting the property your client, Frontier Development,has under
contract. It is our understanding that Frontier is being required by Broward County to make these
improvements in connection with Frontier's development of the Frontier parcel.
As part of our considerarion of your request, we have independently reviewed all applicable
Florida Department of Transportation ("FDOT"), Broward County and City of Dania Beach regulations
governing land development. We have also discussed the matter with staff at FDOT, Broward County
and the City of Dania Beach. As you can see from the attached letter to me from Kimley Horn and
Associates, Chapter 5-192(b)(11)c)6)c of the Broward County Land Development Code provides:
"Intersection improvements immediately adjacent to the development. At intersections which abut the
development the following improvement shall be provided:
1. A right turn lane shall be provided if the street's speed limit equals or exceeds 35 mph or if the
development will generate 100 or more right turns during the peak hour."
Your traffic consultant,Tom Hall, also states; in part, in his email to me that "1)Broward County
Code requires a right-turn lane whenever the speed limit on the roadway is 45 mph or more."
As such,because the Frontier parcel abuts a roadway(Stirling Road)that has a speed limit of 45
miles per hour, the Broward County Land Development Code requires the construction of a turn lane
whether OTO develops the OTO parcel or not. Further as indicated in the attached Kimley Horn letter,
FDOT has indicated to us that the requirements they have for your development plans are made without
specific regard to OTO's development plans.
Based on the information we have gathered, we do not agree that OTO has any necessary
obligation to assist Frontier with its normal development costs, including the relocation of the traffic
signal and construction of a turn lane on the roadway abutting Frontier's property.
As you know, every development in Broward County is required to mitigate for its own traffic
impacts and OTO's required mitigation is in the form of transit concurrency fees to be paid to Broward
County in an amount that exceeds S300,000.00
Nevertheless,because the additional turn lane and traffic signal on SW 18`h Avenue is a benefit to
the citizens of Dania Beach and because OTO and Hyatt would like to be good corporate citizen of Dania
Beach, I am authorized on behalf of OTO development to offer your clients, in good faith, a total payment
from OTO of Seventy Five Thousand Dollars ($75,000.00) to be placed in our escrow account toward
said construction with the following conditions:
1) Final approval of OTO's site plan and plat findings of adequacy to OTO's satisfaction by
the City of Dania Beach and Broward County respectively, including any appeal periods;
2) Said amount to become due and released from escrow only after the final approval of
Frontier's proposed development by all permitting authorities,including but not limited
to Broward County, the Broward County Planning Council, DCA and the City of Dania
Beach, and including any appeal periods;
3) Said amount to paid directly to Frontier upon Frontier's completion and Broward
County's written approval of the turn lane ;
4) Frontier and its counsel shall not appear, speak or oppose OTO's proposed development
in any way with staff,elected officials, etc. at any hearing held by and including but not
limited to the City of Dania Beach and Broward County, or at any meeting required by
OTO for the development of any of the OTO parcel (all of the property also known as the
Duke and Duke Plat) either now or in the future;
5) OTO shall not appear, speak or oppose Frontier's proposed development
in any way with staff,elected officials,etc. at any hearing held by and including but not
limited to the City of Dania Beach and Broward County, or at any meeting required by
Frontier for the development of the Frontier parcel;
6) OTO and Frontier shall provide written letters of support to one another for the respective
developments;
7) Said agreement between OTO and Frontier is specific to Frontier or a related entity
owned and controlled by Frontier and does not inure to the land should Frontier sell the
Frontier parcel undeveloped or undeveloped with development approvals.
This offer is only valid until the beginning of the Dania Beach City Commission meeting
on July 24, 2007 at 7:00 after which the offer is rescinded.
Please advise me in writing if this offer of good f An accepted by you and Frontier
Reg s,
Stephanie J.T er
cc: Todd Turner
Richard Deresz
Ed Miranda
UT .�.
3r ,L m ey orn
=',os, IM and Associates. Inc.
July 23, 2007 sve 09
520C N W.33m Avena
Ms.Stephanie Toothaker, Esq. Ft Laudema e,Fiud:
Blosser and Safyie 33309
450 East Las Olas Boulevard, Suite 700
Fort Lauderdale,Florida 33301
Re: Stirling Road/SW 18t' Avenue Intersection
Proposed Right-Turn Lane
Dear Ms. Toothaker:
The purpose of this letter is to summarize my findings regarding the
proposed westbound right-turn lane at the intersection of Stirling Road and
SW 181h Avenue in Dania Beach, Florida. As you are aware, a
development is proposed on the northeast corner of the subject
intersection. The developer (Frontier Development) has indicated that
Broward County's Traffic Engineering Division has made the construction
of the subject improvement a requirement as part of the development's
plat approvals. Furthermore, Frontier Development has indicated that the
subject improvement was required from Broward County partly because of
the traffic generated by the OTO Development.
At your request, I have researched this subject issue with the Florida
Department of Transportation (FDOT), Broward County Traffic
Engineering Division, Broward County Development Management
Division, and Broward County Highway Construction and Engineering
Division.
I contacted Ms. Beth Coe of FDOT Traffic Operations Office regarding
this issue. Ms. Coe was present at the pre-application meeting in which
the Frontier Development project was reviewed with regards to vehicular
access points. Ms. Coe confirmed that FDOT did not require the right-turn
lane as a condition of a driveway permit approval and the requirement was
strictly from Broward County's Traffic Engineering Division. A copy of
the letter from FDOT documenting this meeting is attached. The meeting
was held on March 29, 2007.
Ms. Lynda Veillette of Broward County Traffic Engineering Division was
then contacted regarding this improvement. Ms. Veillette confirmed that
she made the dedication of right-of-way and construction of the right-tum
lane a requirement for platting of the subject property. She verified that
TEL 954 535 5100
FAN 954 739 2247
Kimley-Horn Ms.Stephanie Tcwthaker,Esq.,July 23.2007,Page 2
__-7 and Associates, Inc.
the requirement is outlined in the Broward County Land Development
Code (LDC) and is not dependent on the development of the OTO
development located north of the Frontier Development parcel.
Furthermore, Ms. Veillette indicated that she was not aware of the
proposed OTO Development at the time the Frontier Development was
reviewed. Therefore, it was not possible for Broward County Traffic
Engineering Division to reference traffic from the OTO Development as
justification for the improvement. Ms. Veillette had no knowledge of the
OTO Development project.
In addition, I reviewed the Broward County LDC regarding this
requirement. The following is an excerpt from Chapter 5-192(b)(I1)c)6)c:
"Intersection improvements immediately adjacent to the development.
At intersections which abut the development the following improvement
shall be provided:
1. A right turn lane shall be provided if the stree_t's speed limit equals
or exceeds 35 mph or if the development will generate 100 or more
right tunas during the peak hour."
According to FDOT roadway information, the subject section of Stirling
Road has a speed limit exceeding 35 mph; therefore, the construction of a
right-tum lane is required regardless of the right-turn volume.
Accordingly, the improvement is a requirement of the LDC regardless of
the traffic generated by the OTO Development. Furthermore, the
improvement would still be required for the Frontier Development even if
the OTO Development was not proposed.
I also contacted Ms. Irene Cooper of the Broward County Traffic
Engineering Division, Mr. Martin Berger of the Broward County
Development Management Division, and Mr. Dave Huizenga of the
Broward County Highway Contraction and Engineering Division — Plats
Section regarding this issue. All parties confirmed that the subject
improvement is a requirement of the Broward County LDC and the OTO
Development was not considered when the condition was issued.
Furthermore, all parties agreed that this requirement is consistently applied
to development's that require platting in Broward County.
In conclusion, I was not able to find any evidence that the OTO
Development has an obligation to construct the subject improvement. As
with the overwhelming majority of platted properties in Broward County.
the applicant of the plat abutting the intersection where the subject
improvement is required is solely responsible to secure and construction
the improvement.
I
Kimlay-Horn Ms.Stephanie Toothaker.Esq..Jul,23.2007,Page 3
and Associates Inc.
Please feel free to contact us at (954) 535-5100 if you have any questions
or comments regarding the enclosed infoJ3nation.
Very truly yours,
KLMLEY-HORN AND ASSOCIATES, INC.
hn'J � illia �.E.
enior Engineer
Attachment
GA043101000-OTO Dania 1AotelACorrespondenceVIvV07 23 07 loothaker Itcdoc
Florida Department of Transportation
Distria Four-Pcrmicv Offioc STEPHANIE KOPELOM05
CnAR1,1ECR15T 340ri Wen Conunereiel Boulevard TNTERIN 9ECRIrfARy
GOVERNOR Fort Lauderdale,Florida 33309.3421
Telephone 954M74393,Flux 954-677-01393
Tall-F= 866-136-9435
March 29,2007
THIS PRE-APPLICATION FINDING MAY NOT BE USED AS A BASIS FOR PERMIT APPROVAL
THIS DOCUMENT 5 NOTCA Ah OMIT APPROVAL
Mr. Antonio Qucvedo
HS2 Group,Inc.
140
tray Bea�FL 13464 3
Dear Mr, Quevedo:
RE: March 29 2007 Pre-application Review for Category D Driveway Connection
Broward bounty,Urban In the City of Dania Beach
Reference.PAcet 41.14N8-1,State Section 86016, State Road 848,Approx. M.P.5,699
posted Speed 45 mph,Access Class 5 s,
Location:Northeast comer of Southwest 18 Avenue,North Side of State Road 848
Site Acresge: 1.78,Proposed Land Use:Commer4ial,Maxiinko Square,Foott�¢e: 17,000
ga?licant: Frontier Development,Inc.,Property Owner: Frontier t)evelopmeti, Inc.
PCat Name: Stirlin{;Road Plau,t7R Book- Lvotyytatted
Proposed Project?lame&Address: Oakwood Shoppes
Ynur Request: tight-in,ri ll-out driveway connection located approximately 175 feet east of
Southwest Avenue.
OUR FINDINGS: based on your request and your presentation of facts,
• We disapprove the concept as presented.See below for comments.
Comments: We can co�ieider a H hUP,right-out joint-use driveway connection located 370
feet east of Southwes�18 Avenue. A minimum driveway length o.f 50 feet
measured from the ultimate right-of-way is required.
• Drainpite mite ationis required.Storm Water Pollution Prevention Plan should be
submi%d with application
• Dimensions between driveway connections are measured from the near edge of
pavement to near edge of pavement unless otherwise indicated.DimeTu ions between
median openings are measured from centerline to centerline unless otherwise
i indicated.
• Applicant provided:site plan,traffic study,current spacing info
The purpose of aPre-application Review is to eattg�blish a wnceptual agreement on the aP rppximate location and
category of driveway connections to the State htgitway. ThiS document should be ubm«�ed with any continued
review end with permit ap ]ications and It becomes a part of any ensuing a proved permit.FavO ble reVtew of the
proppoosal ggcnerahy means�Aryat you may develop plans com Iyfn with thgl�eview comments snd�submit them,
wtihin 1 Z months to the Department for permit proeessm , tcn permit requests are submitted Department,
pemrIts per4cnnel Lave the duties of cheokin22 design tans in terms of Department s Iaids end rnnstructlbthry.
gpphcant should be aware that approved median ope>�ings may 6e closed or modified by subsequent prolecte at the
sole discretion of the Department.
You may contact us at the numbers or addresses above. Thank you for visiting with us.
Sincerely
�Q'-:�a Aoge�g ,adart,P.E M.S.C.E.
DistTict Permits Engineer
RGUsrm
Cc: Beth Coe/Stan WilliamsSofia Sariol
Fide• 5\pciiniL_dLpormits%concmptu\BrDwan(\Pmnticr Dk,clopm"% SR 848
07/16/07 MON 10: 19 lTX/RX NO 62291