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HomeMy WebLinkAboutNULL (423) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JANUARY 22, 2008 — 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 Alle ig ance Reverend Timothy Shellman, Sr., St. Ruth Missionary Baptist Church, gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Roll Call Present: Mayor: Bob Anton Vice-Mayor: Albert 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 4.1 Dr. Brenda Snipes, Supervisor of Elections—2008 Election Procedures George Lipp, Assistant Director of Planning and Development in the Tabulating Department of the Supervisor of Elections Office, presented an overview of the new election procedures that will be in effect beginning August 2008. His presentation is attached to and incorporated into these minutes. 4.2 Special Event Request for the Dania Beach Art & Antique Festival to be held at NW I't Avenue/Dania Beach Boulevard, on January 25-27, 2008 (Continued from January 8, 2008) Commissioner Flury motioned to approve the Special Event Request for the Dania Beach Art & Antique Festival; 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 4.3 Special Event Request for the Walk for Christ Outreach Festival to be held at Dania Beach Boulevard, west of the railroad tracks, on January 26, 2008 (Continued from January 8, 2008) Mayor Anton noted that the date of the event has been changed to Saturday, February 23, 2008 from 11:00 a.m.3:00 p.m. Commissioner Bertino motioned to approve the revised Special Event Request for the Walk for Christ Outreach Festival on February 23, 2008, from 11:00 a.m.-3:00 p.m.; 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 4.4 Special Event Request for the 31" Annual Waterway Clean-up to be held at 100 Beach Road, 775 Taylor Lane, 801 NE 3`d Street, and John U. Lloyd State Park, on Saturday, March 8, 2008 from 9:00 a.m. — 1:00 p.m. Melanie Daily, Public Relations and Event Coordinator, Marine Industries Association of South Florida, Inc., noted they have 36 locations throughout the County so that volunteers can choose the closest one to their homes. She encouraged everyone to participate in this community event. Vice-Mayor Jones motioned to approve the Special Event Request for the 31't Annual Waterway Cleanup; 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 4.5 Fee Waiver Request for the American Legion to use the C.W. Thomas Park Recreational Complex on the first Thursday of each month — Kurt Ely, Chairman, Parks, Recreation and Community Affairs Advisory Board Kurt Ely, Chairman, Parks, Recreation and Community Affairs Advisory Board, noted that in February 2006 the Commission approved the rental rates for Frost Park. He recalled that the same rates would apply for P.J. Meli and C.W. Thomas Park. Mr. Ely requested that the rental rates be consistent in all City parks. Mayor Anton clarified that if a change is required, it will be brought forward at another meeting. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesda}', January 22, 2008—7:00 p.m. Mr. Ely requested that the Parks and Recreation Advisory Board follow the same procedure as the I.T. Parker Board regarding fee waivers. Commissioner Flury clarified the Parks facilities are different from I.T. Parker, which is a rental facility; the Parks are for the community. She thought the American Legion, Homeowners Associations, and all other type of community groups could use these facilities by scheduling the events with the Park Manager. Mr. Ely asked for clarification on who is required to come to the Board for a fee waiver. Commissioner Bertino suggested the City Attorney look into the situation and bring a recommendation back to the Commission. Commissioner Bertino motioned to approve the Fee Waiver Request for the American Legion to use the C.W. Thomas Park Recreational Complex on the first Thursday of each month for a 1-year term; 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 4.6 Fee Waiver Request for the Davis Isles Homeowners Association to use the P.J. Meli Park Facility for 3 meetings annually — Kurt Ely, Chairman, Parks, Recreation and Community Affairs Advisory Board Commissioner Bertino motioned to approve the Fee Waiver Request for the Davis Isles Homeowners Association to use the P.J. Meli Park Facility for 3 meetings annually; 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 5. Proclamations 5.1 "March for Michael" in remembrance of Michael S. Cum, Jr. Mayor Anton and the City Commission presented a proclamation to Nikki Martin, sister of Michael S. Curry, Jr., and other members of the Curry family, proclaiming the 4`h Saturday of each March as "March for Michael" Day. This will be a family day of celebration at one of the City's Parks in remembrance of Michael S. Curry, Jr. Nikki Martin thanked the Commission on behalf of her family. She requested that Michael's picture be hung at C.W. Thomas Recreational Building as a memorial. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,January 22,2008—7:00 p.m. Commissioner Flury motioned to allow Michael S. Curry, Jr.'s picture to be hung at the C.W. Thomas Recreational Building; 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 6. Citizen Comments Beulah Lair, 1433 Argonaut Isle, Trustee of the Police and Firefighters' Retirement System Board of Trustees, notified the Commission that the Trustees recently ordered their investment managers to divest their portfolios of any stocks belonging to foreign companies who do business or support the oil or petrochemical industries in Iran and Sudan. Lt. Col. Leo R. Gray, Retired, 4658 SW 45`h Terrace, noted he was honored by the Commission in March 2007. He showed the Commission a miniature of the medal he received in Washington D.C. He noted the Congressional Gold Medal was awarded to the Tuskegee Airmen in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces. Vice-Mayor Jones noted that he asked Mr. Gray to attend the meeting tonight because he was unable to personally receive the "Tuskegee Day" Proclamation last year. Betty Sokol, 609 NW 10`h Street, thanked the Commission for the speed bumps installed on her street. She noted Trails End Road was cleaned up, but someone is currently dumping trash. Ms. Sokol would like staff to look into this issue. Item #9.11 was heard after Citizen Comments. 7. Consent Agenda Items removed from Consent Agenda: #7.5, #7.6, #7.7 7.1 Minutes Approve Minutes from the January 8, 2008 City Commission Meeting Approve Minutes from the January 9, 2008 City Commission Workshop 7.2 Travel Requests: Request by Patricia Varney, Director of Finance, to attend the PFM Asset Management Investment Seminar in Orlando, Florida, on January 25, 2008 (Estimated cost $209; remaining budget $4,317.62) Minutes of Regular Meeting 4 Dania Beach City Commission Tuesda}', January 22, 2008—7:00 p.m. Resolutions 7.3 RESOLUTION #2008-021 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2008 LEGISLATIVE SESSION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2008-023 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING UP TO A SIX MONTH EXTENSION OF PAID MILITARY LEAVE FOR EMPLOYEE PETER HENG; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2008-024 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE FOR THE PUBLIC SERVICES DEPARTMENT IN THE AMOUNT OF $49,986.40 FROM BRIGGS EQUIPMENT, UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-024. Vice-Mayor Jones asked what a Skid Steer Loader was and if the old one was being replaced. Dominic Orlando, Public Services Director, clarified that the City currently has a 1979 Skid Steer Loader that is being used only at the Public Services Compound because of age and maintenance problems. Vice-Mayor Jones motioned to adopt Resolution #2008-024; seconded by Commissioner Bertino. Commissioner Flury suggested we auction the old one, since it is not worth keeping and we pay insurance for it. Commissioner Castro pointed out that while the old equipment is still in operation we should make sure it is safe to use. 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 Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,January 22,2008—7:00 p.m. 7.6 RESOLUTION #2008-025 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE A VEHICLE FOR THE PUBLIC SERVICES DEPARTMENT IN THE AMOUNT OF $79,966.00 FROM ATLANTIC TRUCK CENTER, UNDER THE FLORIDA SHERIFF'S OFFICE CONTRACT, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR FUNDING, PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-025. Vice-Mayor Jones motioned to adopt Resolution #2008-025; 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 7.7 RESOLUTION 42008-026 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 FOR $1,750,000.00 FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE REHABILITATION OF LIFT STATIONS 1, 2, 3, 6, AND 7; 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. City Attorney Ansbro read the title of Resolution #2008-026. Vice-Mayor Jones asked what Lift Station rehabilitation involved. Dominic Orlando, Director of Public Services, advised the City has sixteen Lift Stations and this project will allow us to rehabilitate five of them. He described what would be upgraded. Vice-Mayor Jones motioned to adopt Resolution #2008-026; 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 Commissioner Castro motioned to adopt the Consent Agenda, with the exception of Items #7.5, #7.6, #7.7; 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 Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday, January 22,2008—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 #2008-003 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF A COMMUNITY REDEVELOPMENT TRUST FUND FOR THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 163.387; PROVIDING THAT FUNDS ALLOCATED TO AND DEPOSITED INTO THIS FUND SHALL BE USED BY THE DANIA BEACH CRA TO FINANCE OR REFINANCE ANY DANIA BEACH CRA COMMUNITY REDEVELOPMENT PURSUANT TO THE DANIA BEACH CRA REDEVELOPMENT PLAN; PROVIDING FOR THE FUNDING OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT TRUST FUND FOR THE DURATION OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT PLAN; PROVIDING THAT THE FUNDING OF THE DANIA BEACH CRA COMMUNITY REDEVELOPMENT TRUST FUND SHALL BE IN ACCORDANCE WITH FLORIDA STATUTES, SECTION 163.387; APPOINTING THE DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD OF DIRECTORS AS THE TRUSTEE OF THE REDEVELOPMENT TRUST FUND; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2008-003. He requested the ordinance be withdrawn from the agenda. 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 withdraw Ordinance 92008-003, on second reading; 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 9.2 ORDINANCE #2008-004 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CHARTER (PART XII, ARTICLE 5, SECTION 3) AND SECTION 2-10 OF THE CITY CODE OF ORDINANCES TO CHANGE THE PURCHASING LIMIT AUTHORITY OF THE CITY MANAGER, FOR THE PURCHASE OF SUPPLIES, SERVICES, MATERIALS AND EQUIPMENT FOR CITY USE. FROM FIFTEEN THOUSAND DOLLARS ($15,000.00) UP TO AND INCLUDING THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00); PROVIDING FURTHER CLARIFICATION OF SPENDING LIMITS IN SECTION 2-10; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2008-004. Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,January 22,2008—7:00 p.m. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Commissioner Bertino motioned to adopt Ordinance #2008-004, on second reading; 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 ORDINANCE 92007-026 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REQUEST MADE BY ASSOCIATED ENGINEERS OF SOUTH FLORIDA, INC. ON BEHALF OF THE PROPERTY OWNER TROY IPPOLITO, PRESIDENT OF T.H.B., INC.,TO REZONE PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF SW 25TH AVENUE, SOUTH OF GRIFFIN 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 R-IC (SINGLE FAMILY RESIDENTIAL), TO PRD-I (PLANNED RESIDENTIAL DEVELOPMENT); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Continuedfrom January 8, 2008) City Attorney Ansbro read the title of Ordinance #2007-026, Ordinance 92007-027 and Resolution #2008-006 because they all involve the same property. He advised the remaining items were quasi-judicial matters and swore-in all who would speak. City Attorney Ansbro asked the Commission to disclose any communication they had on these issues. Corinne Lajoie, AICP, Principal City Planner, advised the request is to allow the construction of 18 two-family villas (36 units) in a gated private community. She described the location and history of the property. Ms. Lajoie noted that the Planning and Zoning Board deferred this request in 2006, recommending the applicant meet with the neighbors regarding the proposed site plan. Since the plan was first reviewed the applicant eliminated four units, provided additional guest parking, and more clearly defined public and private open spaces. She indicated that Patti Hoot-McLeod, City Landscape Consultant, was present to answer any questions. Mayor Anton opened the Public Hearings. Debbie Helminger, 4905 SW 24`h Avenue, commented the street is currently an alleyway near Tropical Acres, and she is concerned with traffic safety. Phyllis Oppenheim, 4991 SW 25`h Avenue, supported the project and clarified this was not an alleyway,just a narrow street. She commended the applicant for satisfying the neighbors in the area. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearings. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, January 22, 2008—7:00 p.m. Emerson Allsworth, Attorney representing the applicant, advised this project has been in progress for three years. He stated this is a good project and noted that over 70 percent of the entire project is devoted to private and public open space. Attorney Allsworth indicated the applicant is agreeable to accept all staff comments. He noted that a substantial number of canopy trees are being retained. He confirmed that the applicant will widen the road and construct sidewalks. Commissioner Bertino motioned to adopt Ordinance #2007-026, on second reading; 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 ORDINANCE #2007-027 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY ASSOCIATED ENGINEERS OF SOUTH FLORIDA, INC. ON BEHALF OF THE PROPERTY OWNER, TROY IPPOLITO, PRESIDENT OF T.H.B, INC., FOR THE "IPPOLITO ISLE PLAT", SUCH PROPERTY BEING GENERALLY LOCATED ON THE WEST SIDE OF SW 25TH AVENUE, SOUTH OF GRIFFIN ROAD, 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 ` IPPOLITO ISLE PLAT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) (Continued from January 8,2008) Vice-Mayor Jones motioned to adopt Ordinance #2007-027, on second reading; 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 9.5 RESOLUTION #2008-006 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN AND WAIVER REQUESTS SUBMITTED BY THE PROPERTY OWNER TROY IPPOLITO, PRESIDENT OF T.H.B., INC., FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF SW 25T" AVENUE AND SOUTH OF GRIFFIN ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continuedfrom January 8, 2008) Commissioner Bertino motioned to adopt Resolution #2008-006; 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 Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,January 22,2008—7:00 p.m. 9.6 RESOLUTION #2008-004 A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY STEPHEN K. TILBROOK, ESQ., ON BEHALF OF THE PROPERTY OWNER, HARBOUR TOWNE ASSOCIATES, INC., FROM CHAPTER 12, ARTICLE 111, SECTION 12-52, FOR PROPERTY LOCATED AT 801 NE 3RD STREET, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from January 8,2008) City Attorney Ansbro read the title of Resolution #2008-004 and Resolution #2008-014. Mayor Anton, Vice-Mayor Jones and Commissioner Bertino disclosed they were contacted by the petitioner. Mayor Anton opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Jones confirmed with City Attorney Ansbro that the requested variance is above the FEMA standards and will not affect the City's flood insurance rating. Commissioner Bertino motioned to adopt Resolution #2008-004; 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 9.7 RESOLUTION #2008-014 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ADOPTED PURSUANT TO SECTION 380,115, FLORIDA STATUTES (2007), RESCINDING THE HOUSTON PARK DEVELOPMENT OF REGIONAL IMPACT/AKA HARBOUR TOWNE MARINA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Continued from January 8, 1008) City Attorney Ansbro advised that this is a housekeeping measure. He confirmed that all DRI development order conditions have been met. Vice-Mayor Jones motioned to adopt Resolution #2008-014; 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 9.8 RESOLUTION #2008-020 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY BRUCE KODNER, PROPERTY OWNER, REPRESENTING DENTAL PLANS.COM, INC. FROM ARTICLE V OF THE ZONING APPENDIX (OFF-STREET PARKING), FOR PROPERTY LOCATED ON THE VACANT LOT DIRECTLY EAST OF 29 SOUTH FEDERAL HIGHWAY (FRONTING ON SE Is' Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,January 22, 2008—7:00 p.m. STREET), DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 92008-020. Corinne Lajoie, AICP, Principal City Planner, advised the request is to allow unpaved parking on a vacant lot. She provided a description of the property. The applicant is requesting the use of the vacant lot for one year. The Planning and Zoning Board recommended approval. Mayor Anton opened the Public Hearing. Timothy Sternberg, Director of Human Resources, representing Dentalplans.com, noted they are requesting a parking variance for one year while they look for another suitable business location within the City. He confirmed for the Commission that they will maintain the lot. Mr. Sternberg asked for approval of the request. Seeing as there was no one to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Bertino motioned to adopt Resolution #2008-020, for a one year period; seconded by Vice-Mayor Jones. The motion was withdrawn. Commissioner Flury motioned to adopt Resolution #2008-020, for up to 3 years; 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 9.9 RESOLUTION #2008-022 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY FIDEL LABRECQUE FROM BROWARD COUNTY CODE OF ORDINANCES, ARTICLE XIX MOBILE HOME DISTRICTS, SECTION 39-330, "YARDS AND SEPARATION", SECTIONS 39-217 (TABLE 1) AND 39-228, "OFF-STREET PARKING AND LOADING", FOR PROPERTY LOCATED AT 2924 WEST MARINA DRIVE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-022. Corinne Lajoie, AICP, Principal City Planner, noted the applicant has requested an after-the-fact permit to allow a mobile home addition with a zero foot setback when the Code requires four feet. The applicant also requested a variance to provide one parking space, when Code requires two parking spaces, and a variance to provide a 17 foot long parking space when Code requires each parking space to be 9'X18' in size. The Planning and Zoning Board recommended denial of the request. She noted it would be difficult for the abutting homeowner to upgrade to a double wide mobile home. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,January 22, 2008—7:00 p.m. Mayor Anton opened the Public Hearing. Patricia Tyra, 2912 SW 54`h Street, Estates of Fort Lauderdale, noted that the City did not submit a formal notice to the Homeowners' Association, despite her previous request. She did not know if the specific Committee within their Association had approved the homeowner's request. Mayor Anton apologized for the oversight and noted we would make sure this does not happen again when similar requests are received by staff. Jocelyn Perreault, 2901 W. Marina Drive, Estates of Fort Lauderdale, opposed the approval of the variance. She indicated Mr. Labrecque knew the project violated the codes of the Association and the City. Ms. Perreault said a tenant moved in after the construction was completed, and the neighbors are disturbed to see that Mr. Labrecque built an illegal addition to his home and profits from it. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Fidel Labrecque, applicant, noted his trailer is still on the property. He acknowledged that he closed in his carport for use as a storage room without a permit from the City. Ms. Lajoie confirmed that the City requires approval from the Homeowners' Association for building permit approval. She responded for the Commission that she has not seen any documentation from the Association approving the applicant's request. Mr. Labrecque stated he had approval from the Homeowners' Association. Commissioner Bertino motioned to deny Resolution #2008-022; 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 Commission Comments was heard after Item#9.9 Item #9.10 was heard after Item #9.11 9.10 RESOLUTION #2008-019 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, FOR A THIRD EXTENSION (ORIGINAL EXTENSION WAS APPROVED ON JUNE 26, 2007 BY RESOLUTION 2007-117, AND A SECOND EXTENSION WAS APPROVED ON SEPTEMBER 11, 2007 BY RESOLUTION 2007-154, WHICH EXPIRED ON DECEMBER 25, 2007) RELATING TO THE REQUEST FOR APPROVALS SUBMITTED BY DAVID MANKUTA WITH THE LAW FIRM, ATKINSON, DINER, STONE, MANKUTA & PLOUCHA, P.A., REPRESENTING HOLLYWOOD INVESTMENTS GROUP, 1, LLC, FOR 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 Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,January 22,2008—7:00 p.m. PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US I AND NE IsT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-019. He advised this was a quasi- judicial matter and swore-in those who would speak. City Attorney Ansbro reminded the Commission that this request was approved by the CRA Board at their December 13, 2007 meeting. Mayor Anton opened the Public Hearing. David Mankuta, Attorney for the applicant, noted the CRA Board had approved a 9-month extension. He indicated that they are actively working on the completion of the plans to be presented to the Planning Division. Seeing as there was no one to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Castro motioned to adopt Resolution 42008-019; 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 Consent Agenda was heard after Item #9.10 Item #9.11 was heard after Citizen Comments 9.11 RESOLUTION #2008-005 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE"AMENDED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING, BROWARD COUNTY, FLORIDA'; PROVIDING FOR AUTHORIZATION FOR THE CITY MANAGER TO ENTER INTO THIS AGREEMENT; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42008-005. He noted this is a State mandated requirement. 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 Resolution 42008-005; 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 Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,January 22,2008—7:00 p.m. Item #9.10 was heard after Item #9.11 Commission Comments was heard after Item #9.9 10. Commission Comments 10.1 Commissioner Bertino Commissioner Bertino thanked everyone for their efforts on the Martin Luther King parade. 10.2 Commissioner Castro Commissioner Castro complimented the people involved with the Martin Luther King Parade. Commissioner Castro thanked the Seniors for their luncheon today. Commissioner Castro thanked Principal City Planner Corinne Lajoie for assuming the interim role of Community Development Director. Commissioner Castro reminded everyone of the Arts and Antiques Festival to be held January 25-27 at NW 151 Avenue/Dania Beach Boulevard. She noted several artists are expected to be present, and encouraged the community to participate in this cultural event. Commissioner Castro noted that City Manager Pato gave her a draft of the item that will be included in the February 5u` County Commission Agenda regarding the Library. The request is to direct staff to execute an Interlocal Agreement between the City and Broward County in the amount of $3, 016,000.00 for the construction of a municipal Library. She added this was exciting news for the citizens of Dania Beach and hoped it would be approved. Commissioner Castro commended City Manager Pato for his efforts to move this project forward. City Manager Pato thanked Commissioner Castro for her continued assistance. 10.3 Commissioner Flury Commissioner Flury thanked Cynthia Reese for a successful Martin Luther King Parade. She thought we had the largest number of participants in many years and everyone enjoyed it. Commissioner Flury thanked Finance Director Varney for her quarterly financial report. She noted Director Varney is projecting a 2-3 percent shortfall in revenues. Commissioner Flury suggested reducing some expenses until we reach the six-month mark in this Fiscal Year. 10.4 Vice-Mayor Jones Vice-Mayor Jones commended the City on the great job they have done in the past 21 years in remembering Martin Luther King, Jr. He thanked Cynthia Reese for her tireless efforts to make Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday, January 22, 2008—7:00 p.m. this event such a success. Vice-Mayor Jones would like City staff to assist our community with heavy lifting of equipment in future events. Vice-Mayor Jones commended Frank Crandon for bringing to our attention that we were not doing electrical inspections. Vice-Mayor Jones asked Dominic Orlando, Public Services Director, if we included drainage in the re-sodding of the parks. Vice-Mayor Jones recognized the Commission for being professional when they disagree on an issue. He gave the Commission credit for their achievements and commitment to the City. 10.5 Mayor Anton Mayor Anton congratulated Commissioner Castro and City Manager Palo on the Library issue. He was optimistic that this matter would be satisfactorily considered by the County. Mayor Anton noted we had the best crowd in years at the Martin Luther King Parade. He thanked BSO Chief Peterson and staff for their support. Mayor Anton thanked the Police and Firefighters' Pension Board on their action, and said this is the way patriotic Americans need to move forward. 11. Discussion and Possible Action There were no discussion items on this agenda. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager Colin Donnelly, Assistant City Manager, noted he met with Broward County regarding our CDBG Grants. The County was not receptive to the idea of not having the NW Community Center built and using the funds for another project. They want us to build something on that site that addresses the spirit of the Outreach Community Center. Commissioner Castro suggested a small garden or butterfly garden. Assistant City Manager Donnelly noted this would buy us time. He clarified for the Commission that we would have to pay back the present value of the land, not the purchase price if we do not move forward with a project. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,January 22,2008—7:00 p.m. City Manager Pato indicated that we would eventually need to build the NW Community Center. Mayor Anton pointed out that we have two major community centers in close proximity and a third one is not really needed. Vice-Mayor Jones indicated he spoke with someone at the County who told him we could use the funds for something else. Assistant City Manager Donnelly advised he spoke with the County representative who organizes the CDBG programs for Dania Beach. Commissioner Flury thought the worst thing we could do is to give the money back. We need to develop a structured program in conjunction with the schools to build a botanical garden. City Manager Palo noted we could build a shelter or gazebo that may comply with the requirements to build a structure on the property. He will meet with staff and bring back a recommendation to the Commission. Assistant City Manager Donnelly responded for Mayor Anton that the total cost to construct the NW Community Center would be $LIM. We would need to contribute $780,000, while the grant funds will cover the difference. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk—Reminders Wednesday, February 6, 2008 —6:00 p.m. CRA Board Meeting Tuesday, February 12, 2008 —7:00 p.m. City Commission Meeting Tuesday, February 26, 2008 —7:00 p.m. City Commission Meeting 14. Adjournment Mayor Anton adjourned the meeting at 9:04 p.m. ATTEST: CIT OF ANI BEACH LOUISE STILSON, CMC AOB A T CITY CLERK MAYOR-COMMISSIONER Approved: February 12, 2008 Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,January 22,2008—7:00 p.m. to W V c � i 00 CO . 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