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HomeMy WebLinkAboutNULL (415) MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, OCTOBER 28, 2008 - 7:00 P.M. 1. Call to Order/Roll Call Mayor Jones called the meeting to order at 7:00 p.m. Present: Mayor: Albert Jones Vice-Mayor: Anne Castro Commissioners: Bob Anton Patricia Flury City Manager: Ivan Pato City Attorney: Thomas Ansbro City Clerk: Louise Stilson Absent: Commissioner: John Bertino Vice-Mayor Castro motioned to excuse the absence of Commissioner Bertino; seconded by Commissioner Flury. The motion carried unanimously. Commissioner Anton requested the City Commission meeting scheduled for Wednesday, November 12, be changed to Monday,November 10, 2008. City Clerk Stilson pointed out that the public hearings to be held on November 12 have already been advertised with the Sun-Sentinel. Corinne Lajoie, Principal City Planner, clarified for the Commission that in order to comply with Code requirements and newspaper deadlines, the ads were sent for publication this morning. City Attorney Ansbro noted that if the Commission meeting is changed to Monday, November 10, the public hearing items would need to be moved to the November 25 agenda. City Clerk Stilson further advised that the search firms to assist with the City Manager process have made flight arrangements in order to make their presentations at the November 12 meeting. City Manager Pato indicated he would advise Director McDonald to let the firms know that the meeting will now be held on Monday, November 10. Commissioner Anton motioned to change the meeting date to Monday, November 10, 2008 at 7:00 p.m.; seconded by Commissioner Flury. The motion carried unanimously. 2. Invocation and Pledge of Allegiance Pastor Juan Cuevas, Maranatha Ministries, gave the invocation followed by the Pledge of Allegiance to the United States Flag. 3. Presentations and Special Event Approvals 3.1 Fee Waiver Request for the Lion's Club of Dania Beach Installation/Officers Breakfast Meeting to be held at I.T. Parker Community Center on November 15, 2008 —Kurt Ely Kurt Ely, on behalf of the I.T. Parker Advisory Board, clarified for the record that the request is for the Lion's Club District 35 Cabinet Meeting. Commissioner Anton motioned to approve the fee waiver for the Lion's Club District 35 Cabinet Meeting on November 15, 2008; seconded by Vice-Mayor Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 3.2 Fee Waiver Request for the American Legion Auxiliary Unit #304 Fundraiser Banquet to be held at I.T. Parker Community Center on May 17, 2009—Kurt Ely Vice-Mayor Castro motioned to approve the fee waiver for the American Legion Auxiliary Unit #304 Fundraiser Banquet on May 17, 2009; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 3.3 Special Event Request for the Harbour Towne Marina Dry-Storage Expansion Groundbreaking Ceremony to be held at Harbour Towne Marina, 801 NE 3`d Street on Wednesday, October 29, 2008, 11:00 a.m. — 1:00 p.m. Vice-Mayor Castro motioned to approve the Special Event request for the Harbour Towne Marina Groundbreaking Ceremony on October 29, 2008; seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, October 28,2008—7:00 p.m. 4. Proclamations There were no proclamations at this meeting. 5. Citizen Comments Danny Gollett, 605 SW 12d' Avenue, was not present but submitted a form addressing the drug problem in his community. Aris L. Bell, 613 SW 12`h Avenue, was not present but submitted a form addressing the drug problem and lack of police presence in her neighborhood. David Nuby, 738 SW 4`h Terrace, was not present but submitted a form addressing the loitering and drug problem in his neighborhood. He indicated there is no police response or monitoring. Basil Sloly, 1803 Gardenia Road, Plantation, said Code Compliance told him that he needed to install a concrete fence at his property on 4630 SW 44`h Avenue, but he cannot afford it. He asked the Commission for their assistance. Mayor Jones requested Mr. Sloly meet with the City Manager to discuss the situation. Jessie Richardson, 754 SW 3`d Place, said he has a problem with youngsters driving fast through his neighborhood. He also noted that the trees in the swales need to be trimmed. Mr. Richardson commented the Police need to come to the area between 2:30-4:30 a.m. because of the traffic and drug dealing. Mayor Jones said the trees on his street also need to be trimmed. He suggested the City trim the trees because it brings down the property values in the neighborhood. Mayor Jones indicated the trees were planted over the objection of the property owners 15 years ago, so the City should take care of the problem. He also noted that as regards the speeding issue, the College Gardens Neighborhood Association looked into the issue and submitted a request to the Public Services Department to have speed bumps placed in that area. Mayor Jones remarked Police Chief Donn Peterson is present and would look into the matter. Commissioner Flury noted the trees were planted in 2001 by the City. She noted some of the trees may have been planted in areas where people could not afford to take care of them. Commissioner Flury suggested the City trim the trees at least once a year. Mayor Jones would like the Public Services staff to provide the Commission with a status report on all the petitions currently being processed. Ralph Eddy, 150 SE 3`d Avenue, noted the street has been returned to the neighborhood and the area is clean and quiet again. He thanked the City for the street closure. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. Stephanie Roux, 15920 NW 18`" Court, Opa Locka, noted a tree belonging to Florida Power and Light fell on her rental property at 711 SW 10t' Street. She reported the situation to the Commission at the August 26 Commission meeting. FPL sent her a letter stating it is not their responsibility to trim the tree, but the City was responsible for cutting their trees. Ms. Roux provided a copy of the letter for the record. She asked if there was a law specifying that property owners must call to report a tree limb if it is hanging. Ms. Roux further indicated that the cost of the repair was $5,000, and her insurance deductible was $2,500; she asked the City to reimburse her for part of the cost. She pointed out that she met with the City Manager, but she did not like his response. City Manager Pato responded that he and the City Attorney Ansbro went to the property and contacted Florida Power and Light for them to communicate with Ms. Roux. He said the City was not responsible, and we could not pay. City Attorney Ansbro noted we are not legally responsible for falling limbs. Commissioner Flury noted it was our tree and we should split the difference and pay the bill, unless this cannot be done. Mayor Jones agreed that we should split the difference. He suggested we should create an ordinance to address tree trimming. Vice-Mayor Castro noted we should report the line to FPL and ask them to cut the tree because there is a pole in the tree. Vice-Mayor Castro motioned for the City pay Ms. Roux $1,250, and direct the City Manager to approach FPL for payment of the remaining $1,250; seconded by Commissioner Flury. The motion carried unanimously. Commissioner Anton added that if FPL refuses to pay their share of the costs, it will be up to Ms. Roux to pursue the issue with them. Jimmy Crimminger, 237 SW 15th Street, noted he attended the City of Hollywood CRA Board meeting where they discussed the AlA Scenic Highway Designation, and that he shared this information with the Parks and Recreation Advisory Board. He requested an update on the status of the Unified Land Development Code project assigned to the Mellgren Planning Group. 6. Public Safety Reports 6.1 BSO Air Cards—Chief Peterson BSO Chief Donn Peterson distributed a question and answer sheet to the Commission. He responded for Commissioner Flury that the initial cost for the purchase of the proposed Air Cards would be $32,000, and the annual cost would be approximately $30,700. Chief Peterson noted that the annual fee would be included as part of the annual cost of the deputy. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday, October 28,2008—7:00 p.m. Vice-Mayor Castro confirmed with Chief Peterson that we are not paying for the cards, but for the 12-month usage of the cards. Commissioner Anton clarified for the benefit of the public that the initial funding for these Air Cards is derived from the Law Enforcement Trust Funds (LETF) and not taxpayer money. The reoccurring costs would be deducted from future contracts between the City and BSO. The Commission supported the request. Commissioner Flury asked about the status of the Alarm System for our parks, which has taken a long time to be approved. Chief Peterson reported that the County considered the comments made by City staff to be inappropriate and the issue was kicked back to their Legal Department. He noted that the matter is again with the County and he will notify the Commission of the date when it will appear on the County Commission Agenda. City Manager Pato noted he would handle the situation. Commissioner Anton confirmed that future LETF fund use would not require the approval of Broward County, but only the City Commission. Fire Chief Jack McCartt reminded everyone to check the batteries in their smoke detectors. He reported on three structure fires in the past few days, and noted they are very concerned because all three fires were arson. The property on SW 0 Street was a residential structure, supposedly unoccupied, which did not have electricity or water, but the people in the house ran an electrical cord to a neighbor's house without his knowledge. He also noted that in the Hollywood Nursing Home fire the actions of our Firefighters made a difference in saving lives. Another fire reported last Monday occurred when juveniles set fire in an unoccupied structure. Chief McCartt pointed out that these incidents are currently under investigation. 7. Consent Agenda 7.1 Minutes: Approve Minutes of October 8, 2008 Site Plan Review Workshop Approve Minutes of October 14, 2008 City Commission Meeting 7.2 Travel Requests: Request of Colin Donnelly, Assistant City Manager, to attend the National League of Cities Conference in Orlando, Florida on November 12-14, 2008 (Estimated cost $521; remaining balance $5,779) Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, October 28,2008—7:00 p.m. 7.3 Motion allowing Michele Mellgren of The Mellgren Planning Group to add additional subconsultants to her current contract with both the City of Dania Beach and the CRA for the CRA Redevelopment Plan Modification. The consultants to be added, at no additional cost to the City or CRA, are Integra Resources Inc., Kimley-Horn and Associates, and Carras Community Investment Inc. Resolutions 7.4 RESOLUTION #2008-202 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE SALT WATER CONVERSION SYSTEMS FOR C.W. THOMAS AND P.J. MELI POOLS IN AN AMOUNT NOT TO EXCEED $29,000.00 FROM CHAMMP POOL INC.; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2008-210 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES,EQUIPMENT AND MATERIALS FROM THE BROWARD SHERIFF'S OFFICE, DEPARTMENT OF FIRE-RESCUE, IN AN AMOUNT NOT TO EXCEED $30,000.00 FOR FISCAL YEAR 2008-2009, FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2008-211 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM MEMORIAL REGIONAL HOSPITAL IN AN AMOUNT NOT TO EXCEED $30,000.00 FOR FISCAL YEAR 2008/ 2009, FOR THE PURCHASE OF MEDICAL SUPPLIES AND PHARMACEUTICALS, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 RESOLUTION #2008-212 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO OBTAIN ENGINEERING SERVICES DURING CONSTRUCTION FOR THE PUBLIC SERVICES ADMINISTRATION BUILDING; MAKING FINDINGS; AUTHORIZING A WORK ORDER FOR$251,397.00 FOR ENGINEERING SERVICES TO BE PERFORMED BY CAMP DRESSER AND MCKEE; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING FOR ASSURANCES; PROVIDING FOR CONFLICTS;FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.8 RESOLUTION#2008-213 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT RELATED TO FLORIDA DEPARTMENT OF EDUCATION 21" CENTURY COMMUNITY LEARNING CENTERS (2008-2009) IN THE APPROXIMATE AMOUNT OF $280,000.00, TO PROVIDE FUNDING FOR AN AFTER SCHOOL TUTORING PROGRAM KNOWN AS "TIME-FOR-KIDS" AND FOR SUMMER CAMP; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; AUTHORIZING THE ACCEPTANCE AND EXECUTION OF THE GRANT AGREEMENT UPON ITS AWARD, AUTHORIZING THE DIRECTOR OF FINANCE TO APPROPRIATE THE FUNDING Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. UPON AWARD; AUTHORIZING EXTENSIONS, IF NEEDED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 RESOLUTION 42008-214 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE AGREEMENT EXISTING BETWEEN AFTER SCHOOL PROGRAMS, INC ("ASP"). AND THE CITY OF DANIA BEACH IN CONNECTION WITH THE TIME-4-KIDS PROGRAM, AN AFTER SCHOOL PROGRAM AND THE 2009 SUMMER PROGRAM; SUCH AMENDMENT TO PROVIDE THAT ASP SHALL PROVIDE STAFFING TO COMPLY WITH THE REQUIREMENTS OF LAW AS ADMINISTERED BY THE 21" CENTURY COMMUNITY LEARNING CENTERS OF THE FLORIDA DEPARTMENT OF EDUCATION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Anton motioned to adopt the Consent Agenda; seconded by Vice-Mayor Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION #2008-203 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF CONTRACT FOR THE DANIA WESTLAWN CEMETERY AND DANIA MEMORIAL PARK CEMETERY MAUSOLEUMS; AUTHORIZING THE AWARD TO JMW CONSTRUCTION CORPORATION FOR CONSTRUCTION ACTIVITIES IN THE AMOUNT OF $705,000.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-203. Dominic Orlando, Director of Public Services, advised the work should start within 30 days and will take approximately a year to be completed. He confirmed for the Commission that traffic and surrounding properties would not be impacted by this project. Vice-Mayor Castro motioned to adopt Resolution #2008-203; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 9. Public Hearines and Site Plans 9.1 ORDINANCE #2008-029 Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES; AMENDING CHAPTER 28 "ZONING," ARTICLE 18 "INDUSTRIAL RESEARCH-OFFICE- MARINE (IROM) DISTRICT," SECTION 18-30 "PROHIBITED USES" IN ORDER TO CORRECT A SCRIVENER'S ERROR CONCERNING THE REGULATION OF ADULT USES WITHIN THE INDUSTRIAL RESEARCH-OFFICE-MARINE (IROM) DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2008-029. He noted this is a housekeeping item providing that adult entertainment uses shall be permitted in the IROM District. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Castro motioned to adopt Ordinance #2008-029, on first reading; seconded by Commissioner Flury. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 9.2 RESOLUTION#2008-204 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, FOR A FOURTH EXTENSION 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 PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD BETWEEN US 1 AND NE IsT COURT, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-204. Corinne Lajoie, AICP, Principal City Planner, advised the applicant requested a continuance until the November 12, 2008 City Commission meeting. Mayor Jones opened the Public Hearing. Bob Mikes, 835 NW 13`s Avenue, noted this is the fourth extension request for this item. He said that in this time of crisis no bankers would be willing to finance this type of project. Mr. Mikes commented that this could be an opportunity for the City to persuade property owners to join their properties together. He pointed out that people want the downtown cleaned up but they do not want a 14-story building. Mr. Mikes thought this was intended to be an institutional use, and should not be continued. Teddy Bohanan, SW 15th Street, agreed with Mr. Mikes that we do not need this type of property in our downtown. Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, October 28,2008—7:00 p.m. Jimmy Crimminger, 237 SW 151s Street, commented we should think out of the box because this is a historic hotel. Fay Bartelmes, 214 SW 2nd Terrace, requested the City put an end to the project and eventually deny the request. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearing. Vice-Mayor Castro motioned to continue Resolution #2008-204 until the November 10, 2008 City Commission meeting at 7:00 p.m.; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones 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. 9.3 RESOLUTION #2008-205 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VARIANCE REQUEST SUBMITTED BY SHMAYA WAKS, FOR PROPERTY OWNER ARIEL EDELSBURG OF N & D HOLDINGS, INC. FOR PROPERTY LOCATED AT 3325 GRIFFIN ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS;FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-205. Corinne Lajoie, AICP, Principal City Planner, described the location of the property. She explained the three variances requested and noted that the Planning and Zoning Board recommended denial of the request. Ms. Lajoie advised that the applicant confirmed that a synagogue is currently being run without a Business Tax License. She indicated that the applicant still needs to provide more information before she can make a final determination on the project. Ms. Lajoie requested a continuance to allow the applicant to address staffs comments. Mayor Jones opened the Public Hearing. Shmaya Waks, applicant, indicated there would be a separation between the parking and the residential area. He noted they do not need parking because they are an Orthodox Temple which is open mainly on weekends, and everyone walks to the Temple. Mr. Waks advised that the parking issue prevented them from getting a Business Tax License for a synagogue. He said there is parking on the east and west sides of the property and they do not need additional parking. Mr. Waks noted they are the first synagogue in Dania Beach. Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. Commissioner Flury was okay with the project provided there was a separation between the commercial and residential. Ralph Eddy, 150 SE 3`d Avenue, asked if a synagogue was allowed in the district. City Attorney Ansbro responded in the affirmative. Mr. Eddy noted he has difficulty parking at the center when the Church has services. He questioned how a church could be in the same location as a bar. Mr. Eddy asked that the request be denied. Jimmy Crimminger, 237 SW 15d' Street, noted he has been following the request since its inception. He noted there is a parking problem with the shopping center, regardless of the synagogue. Mr. Crimminger hoped we would grant the request. Teddy Bohanan, SW 15d' Street, asked if signs could be installed to designate parking for the businesses. Fay Bartelmes, 214 SW 2"d Terrace, noted the parking spaces could be designated for specific businesses. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearing. Mr. Waks said they only use four parking spaces on weekends. He said he asked the owner of the shopping center to install designated parking spaces for the businesses, but he denied the request because the bar would be the business that would suffer. Commissioner Anton commented that he has received complaints from the businesses regarding the parking in the shopping center. He requested the Code Compliance Unit investigate the site on Saturday to see what the parking problem is and report back to the Commission. Vice-Mayor Castro questioned if Mr. Waks would share the new parking spaces with the tenants in the shopping center by creating a shared parking agreement. Mr. Waks did not think the property owner would be agreeable, but he will ask for a letter. Vice-Mayor Castro requested something stronger than a rope to separate the parking from the residential area. She also said Mr. Waks should address staffs comments, find out the allowed number of people in the synagogue, and provide this information at the next Commission meeting. Commissioner Flury noted there is a parking problem which is probably not his fault, so we should give him the parking variance. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. Commissioner Flury motioned to continue Resolution #2008-205 until the November 10, 2008 City Commission meeting at 7:00 p.m.; seconded by Vice-Mayor Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 9.4 RESOLUTION #2008-206 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY PROPERTY OWNER JORGE FALLAD, ORNAMENTAL DESIGNS, FOR PROPERTY LOCATED AT 102 NORTH FEDERAL HIGHWAY, DANIA BEACH; FROM CHAPTER 28, "ZONING", ARTICLE 6.21 "OFF-STREET PARKING";PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2008-206 and Resolution #2008-207 because they relate to the same property. Corinne Lajoie, AICP, Principal City Planner,noted the request is for a parking variance and site plan for a showroom/office on a vacant lot. She provided a history of the property and pointed out that the Commission approved the requests in 2006, but they expired in August 2007, therefore we are now considering a new project. Ms. Lajoie advised that there would be pedestrian access from Federal Highway, but vehicles would need to use NE I st Avenue. The applicant is proposing two phases for the improvements to the property and these would be completed within 12-18 months. She noted that the CRA Director has reviewed the site plan and provided his recommendations. The Planning and Zoning Board recommended approval provided the outdoor displays do not exceed the height of the building. Jorge Fallad, property owner, noted that he agrees to the conditions of the CRA Director, with the exception of the installation of Solar Lights, due to the cost. He indicated there would not be any displays exceeding the height of the building. Mr. Fallad explained that the request to phase the project is due to the situation with the current economy. He noted that most of their business is by recommendation of previous customers and by appointment only. Therefore, he thought seven parking spaces were more than what they would need. Mayor Jones opened the Public Hearings. Annette Hibbitts, 26 SW l la' Street, spoke in favor of the project. Bob Mikes supported the project, but asked if there was any metal fabrication on the outside of the property. Commissioner Anton thought the project would improve the area. He noted the Solar Lights item on the CRA Director recommendations was not mandatory; it would be convenient for his business, but only if he could afford it. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. Seeing as there was no one else to speak in favor or opposition, Mayor Jones closed the Public Hearings. Commissioner Flury motioned to adopt Resolution #2008-206, with the CRA Director recommendations; seconded by Vice-Mayor Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 9.5 RESOLUTION #2008-207 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY PROPERTY OWNER JORGE FALLAD, ORNAMENTAL DESIGNS, FOR PROPERTY LOCATED AT 102 NORTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING FOR AN EFFECTIVE DATE. Vice-Mayor Castro motioned to adopt Resolution #2008-207, with the same conditions; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 9.6 RESOLUTION #2008-208 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION REQUEST (VC-66-08) SUBMITTED BY WILLIAM STAMM, PROPERTY OWNER, TO VACATE A 40 FOOT BY 200 FOOT ALLEY LOCATED ALONG THE EASTERN PROPERTY LINE OF VACANT PROPERTY LOCATED ON SW 4"' COURT IN THE CITY OF DANIA BEACH, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-208. Kristin Dion, City Planner, noted the applicant is proposing to construct an industrial office warehouse on the site, which is currently vacant. Due to the size of the site, the applicant would need to use the alley on the east side of the property to provide adequate parking. The applicant has stated that the alley is not used for access by any other properties. She advised that the City Commission already approved the waiver of the replatting as required by Code. The Planning and Zoning Board also recommended approval of the vacation request, provided staff comments are addressed prior to the issuance of a building permit. David Pouliot, One Call Construction, representing the applicant, noted they agree with all staff comments. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. Commissioner Anton motioned to adopt Resolution #2008-208; seconded by Vice-Mayor Castro. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 9.7 RESOLUTION #2008-209 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE VACATION REQUEST (VC-67-08) SUBMITTED BY LINDA SOCOLOW, ESQUIRE WITH THE FIRM SHUTTS & BOWEN, LLP REPRESENTING HARBOUR TOWNE ASSOCIATES, INC. TO VACATE AN EXISTING 10 FOOT WIDE BY 600.07 FOOT LONG FLORIDA POWER AND LIGHT(FPL)EASEMENT LOCATED ALONG THE EASTERN PROPERTY LINE FOR PROPERTY LOCATED AT 801 NE 3Ro STREET IN THE CITY OF DANIA BEACH AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2008-209. Kristin Dion, City Planner, explained that the request is to vacate an existing Florida Power and Light easement located along the eastern property line. The applicant is also requesting a waiver of the replat to move forward with the vacation of the easement. The Planning and Zoning Board recommended approval. She noted that the FPL project manager has no objection to this vacation. The Public Services Director has reviewed the application and has no objection to the vacation of the easement. Steve Tilbrook, Shutts and Bowen, noted the plat cannot be recorded until the easement is granted. Once this is done, they will proceed with the recording showing the easement not being on the plat. Mayor Jones opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearing. Vice-Mayor Castro motioned to adopt Resolution #2008-209; seconded by Commissioner Anton. The motion carried on the following 4-0 Roll Call vote: Commissioner Anton Yes Vice-Mayor Castro Yes Commissioner Flury Yes Mayor Jones Yes 10. Discussion and Possible Action 10.1 Discussion on placing the Solid Waste Assessment on the Property Tax Bill, as opposed to the Water and Sewer Bill—Finance Director City Manager Palo noted the Commission had previously approved this request. Patricia Varney, Director of Finance, noted that staff is preparing to implement this type of collection for FY 2010. She explained that we would need to advertise weekly for four Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. consecutive weeks prior to the adoption of the resolution before January 1, 2009. Director Varney clarified that this assessment would only affect properties with 4 units or less, and would not affect commercial accounts. Commissioner Anton confirmed with Director Varney that the new collection method would result in additional savings for the City. Commissioner Flury clarified with Director Varney that this matter would be discussed at a public hearing in early December. It was the consensus of the Commission to move forward with Director Varney's proposal. 10.2 Discussion of 2009 CDBG Applications—Assistant City Manager Colin Donnelly, Assistant City Manager, asked for direction as to where the Commission would like to move with future projects. Commissioner Anton thought we were continuing with the implementation of Solar Lights in the current neighborhoods. Commissioner Flury noted we engaged a consulting company to develop a plan for 7 areas. She asked why we were not following the plan. Commissioner Flury would like to see an update of what needs to be done from the original plan. Vice-Mayor Castro thought we should look at the list to decide what our next priority should be. It was the consensus of the Commission to review the list prior to making any decision. Mayor Jones commented we need a consensus from the neighborhoods to determine the best projects for their areas. City Manager Pato noted it may be time to bring CDBG funds to other parts of the City. The Commission concurred to stay with the original plan and keep us focused on the western section of the City. Derrick Hankerson, 746 SW Yd Street, noted there may be a deficiency in the plan. He suggested we consider adding solar lighting to the neighborhoods that currently have FPL lights only. 10.3 Discussion of December 23, 2008 City Commission meeting The Commission cancelled the December 23,2008 City Commission meeting. Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. 11. Commission Comments 11.1 Commissioner Anton Commissioner Anton commented the Melaleuca Gardens entrance sign is missing at 10`h and Griffin Road. He asked Director Orlando to look into the matter. Commissioner Anton discussed fliers that are being posted regarding mitigation of the airport. He noted we have an Interlocal Agreement with the County that states any mitigation program must be approved by the City of Dania Beach. Commissioner Anton said that if any type of mitigation program is to be considered, we would definitely hold a public hearing to allow the affected residents to express their sentiments. He remarked that the City has not approved any program, and suggested that people not sign a petition. Commissioner Anton further stated that the agreement also says any value on the property has to be appraised outside of an airport affected area. He reiterated that he is the representative for the Commission on airport matters. 11.2 Commissioner Bertino Commissioner Bertino was not present at this meeting. 11.3 Commissioner Flury Commissioner Flury had no comments. 11.4 Vice-Mayor Castro Vice-Mayor Castro provided a handout from Alan Ojeda, Rilea Group, regarding the development of the San Souci Hotel property. She indicated that Mr. Ojeda needs to swap the wetlands in order to fit the proposed building and have the necessary access for the fire engines. He asked the Army Corps of Engineers for permission and they agreed. Vice-Mayor Castro noted that Mr. Ojeda asked the City to write a letter in support of his project. It was the consensus of the Commission for the City Manager to send a letter to the Army Corps of Engineers supporting the project. Vice-Mayor Castro briefly explained the three Dania Beach questions on the November ballot. Vice-Mayor Castro noted she is still waiting for a follow up on the life safety issues discussed at the Code Compliance Workshop on September 6, 2008. She commented she is also waiting for the policy on the handling of foreclosures and boarded-up/abandoned homes. Vice-Mayor Castro pointed out that several cities have adopted ordinances addressing this issue and we should implement something to that effect. 11.5 Mayor Jones Mayor Jones would like to see what other cities are doing on foreclosures. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. Mayor Jones asked staff if we were able to obtain any quotes regarding portable recording equipment that would allow us to move our meetings to other places within our City. City Manager Pato advised that City Clerk Stilson would report her findings under her comments. Mayor Jones talked about the joint meeting with Hollywood and how important it is for all Commissioners to attend. He thought that we had common issues that could be discussed in a friendly environment. Mayor Jones suggested December 8, 2008 at 3:30 p.m. with the City of Hollywood providing the recording equipment. He noted Tigertail Lake could be a possible venue, with the City providing the food. Mayor Jones thought we could keep the same agenda that was previously prepared and suggested the Commission review it and make whatever changes or additions they see fit. Mayor Jones noted the Martin Luther King, Jr. Committee will meet tomorrow night at C.W. Thomas Park. He invited everyone to attend. Mayor Jones advised that the Greater Trinity Missionary Baptist Church and Mt. Zion AME Church were burglarized several weeks ago and their sound equipment was taken. He asked BSO Chief Peterson to look into this matter. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager Assistant City Manager Colin Donnelly noted he attended a meeting that addressed foreclosures. He explained that Broward County would administer the Neighborhood Stabilization Program (NSP) for the City. Assistant City Manager Donnelly advised that we would have $1.2M earmarked for properties that are bank-owned and foreclosed, but we would not receive any funds. They are looking for developers/contractors to bid on the properties and redevelop them for low and moderate income housing. Vice-Mayor Castro clarified for Commissioner Anton that the City would select the properties to submit to the County for purchasing. Assistant City Manager Donnelly noted that the funds received for the sale of these properties would go into a pool to continue doing the same thing until FY 2013. Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. Vice-Mayor Castro advised she is on the SHIP Purchase Assistance Program Ad Hoc Committee. She noted that the size of our City does not allow us to have our own program therefore, we fall under the County umbrella Vice-Mayor Castro explained in detail what the affordable housing term means nowadays. She suggested we link this program with the Green Group, which would make the property more valuable. Mayor Jones would like staff to ask the County if there are any properties from Dania Beach on their proposed list. 13.2 City Attorney City Attorney Ansbro noted we acquired a house through Code Compliance and we need to have it declared surplus and sell it in accordance with the City Charter. The property located at 5180 SW 26s' Avenue is commonly known as the Buelvas property. He recommended we move forward with this process before it becomes a foreclosed problem. Vice-Mayor Castro noted that the Metropolitan Planning Organization (MPO) is considering a modification at the intersection of Sheridan Street and Dixie Highway. She would like to have a lobbyist support this issue in Tallahassee. 13.3 City Clerk City Clerk Stilson reported that the cost of the portable recording system would be $6,600.00. She clarified that this price does not include a laptop that is also needed. Mayor Jones noted the cost is high, but we would give the equipment good use in the future. He thought it was worth purchasing it. Mayor Jones further asked City Attorney Ansbro to look at the ordinance to see if Commission meetings could be moved to other facilities within the City. Reminders: Thursday, October 30, 2008 —6:00 p.m. Police and Fire Department Facility and Equipment Needs Workshop Monday,November 10, 2008—6:00 p.m. CRA Board Meeting Monday,November 10, 2008—7:00 p.m. City Commission Meeting Thursday,November 20, 2008 —6:00 p.m. Abatement Hearing Tuesday,November 25, 2008 —7:00 p.m. City Commission Meeting 14. Adjournment Mayor Jones adjourned the meeting at 9:54 p.m. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday,October 28,2008—7:00 p.m. ATTEST: CITY OF DANIA BEACH typ's FI.Rsr c—� LOUISE STILSON, CMC _—_ ALBERT C. JO S CITY CLERK _ --_ MAYOR-COM ISSIONER Approved: November 10, 2008 ry Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday, October 28,2008—7:00 p.m.