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HomeMy WebLinkAboutMinutes of Regular Meeting - June 27, 2017 MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, JUNE 27, 2017 - 7:00 P.M. 1. Call to Order/Roll Call Mayor James called the meeting to order at 7:00 p.m. Present: Mayor: Tamara James Vice-Mayor: Bill Harris Commissioners: Chickie Brandimarte Bobbie H. Grace Marco A. Salvino, Sr. Asst. City Manager: Colin Donnelly City Attorney: Thomas Ansbro City Clerk: Louise Stilson 2. Moment of Silence and Pledge of Allegiance Mayor James called for a moment of silence followed by the Pledge of Allegiance to the United States Flag. Mayor James noted that Items#9.1 and#9.3 have been pulled from the agenda. 3. Presentations and Special Event Approvals 3.1 Special Event request from Divers Cove for the 6ffi Annual Beach and Pier Cleanup to be held on July 15, 2017, at 300 North Beach Road from 6:00 a.m. — 12:00 p.m. Commissioner Grace motioned to approve the Special Event request for Divers Cove Beach and Pier Cleanup; seconded by Commissioner Brandimarte. The motion carried unanimously. 3.2 Special Event request by Gideon Israel to hold a Peace in the City event at C.W. Thomas Park on July 8, 2017, from 11:00 a.m. —6:00 p.m. Commissioner Grace expects that we have a police detail and if needed, a special variance to pay for it. She wants the fire department to monitor the cooking, and wants to make sure the music is not loud and it is clean. She also wants the park to be clean afterwards so staff does not have to do the cleaning on Sunday. She added we need to protect the children and Code needs to be on site to make sure there is not parking on both sides of the one-way streets. Commissioner Grace motioned to approve the Special Event request for the Peace in the City event with her stipulations; seconded by Commissioner Salvino. The motion carried unanimously. Mayor James noted that the City received an award from the American Public Works Association for the beach bathroom project. Commissioner Grace wanted to know why the Commission was not invited to the award presentation. 4. Proclamations There were no proclamations at this meeting. 5. Citizen Comments Michael Sartin, 746 SW 3rd Street, addressed the issue of problematic palms. FPL vendors trimming the trees do a half-way job so they have to continually come back, and he noted we need a tree commission. Henriette Arnold, 101 SE 3rd Avenue, #504, spoke of the art gallery opening on Saturday. She would like to invite all of the Commissioners to attend future events. Linda Wilson, Friends of the Dania Beach Library, encouraged the Commission to vote positively on Agenda Item #10.1. There has not been much promotion from the City on the Creative Arts Council Advisory Board events. 6. Public Safety Reports Captain Daniel Marks, BSO Chief of Police, reported on significant arrests made in the City. Sean Brown, Battalion Chief, BSO Fire Rescue, reported that American Red Cross has an initiative to install a million home smoke alarms nationwide. Two home smoke detectors per single-family home will be available in October; however, people must pre-register to receive them. 7. Consent Agenda Items removed from Consent Agenda: #7.4 7.1 Minutes: Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday,June 27,2017—7:00 p.m. Approve Minutes of June 13, 2017 City Commission Meeting 7.2 Travel Requests: None Resolutions 7.3 RESOLUTION#2017-060 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,REQUESTING CONCEPTUAL APPROVAL FROM THE CITY COMMISSION OF THE CITY OF DANIA BEACH FOR BID ADVERTISEMENT FOR A PROJECT KNOWN AS "OASIS XIII", WHERE BIDDING IS EXPECTED TO BE SOUGHT BY THE CITY ADMINISTRATION; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION#2017-067 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPROVE CHANGE ORDER NUMBER FOUR (4) IN THE AMOUNT OF THIRTEEN THOUSAND TWO HUNDRED EIGHTY TWO DOLLARS AND FIFTY CENTS ($13,282.50) TO BE PAID TO MBR CONSTRUCTION, INC. IN CONNECTION WITH THE DANIA BEACH OCEAN PARK REVITALIZATION PHASE I CONSTRUCTION PROJECT; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION#2017-068 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO PROCEED WITH ADVERTISEMENT FOR BIDS FOR THE MELALEUCA GARDENS WATER MAIN PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Grace motioned to adopt the Consent Agenda, with the exception of Item #7.4; seconded by Commissioner Brandimarte. The motion carried unanimously. 7.4 RESOLUTION#2017-066 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO PROCEED WITH ADVERTISEMENT FOR BIDS FOR THE CITY ENTRANCEWAY SIGN(S) PROJECT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2017-066. Mayor James questioned if this sign meets the expectations of the Commission's new branding and marketing design. Marc LaFerrier, Director of Community Development, noted this could be put on hold pending the results of the branding. Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday,June 27,2017—7:00 p.m. Commissioner Grace said we are far away from coming up with new branding and we should not spend money unnecessarily. Vice-Mayor Harris questioned if we could go ahead with the signage and tweak it later. Community Development Director LaFerrier responded it would be prudent to wait and balance the timing of it with the changes resulting from the branding. Commissioner Salvino noted we have already waited a year; perhaps we should put the signs up and absorb the costs of any changes to be made. Mayor James suggested we wait a month to see where we are, and then move forward with it. Commissioner Brandimarte felt we owe it to our residents and to the new businesses and she does not want to wait a year. Commissioner Grace motioned to continue Resolution #2017-066 until the July 25, 2017 City Commission meeting at 7:00 p.m.; seconded by Vice-Mayor Harris. The motion carried unanimously. 8. Bids and Requests for Proposals There were no proposals on this agenda. 9. Public Hearings and Site Plans 9.1 ORDINANCE 42017-021 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28, THE "LAND DEVELOPMENT CODE," OF THE CITY CODE OF ORDINANCES BY AMENDING ARTICLE 725, "DEFINITION," TO ADD WITHIN SECTION 725.30 "TERMS DEFINED" A TERM FOR"MOTOR FUEL PUMPS, RETAIL" TO ALLOW FOR DEVELOPMENT OR REDEVELOPMENT OF RETAIL ESTABLISHMENTS WITH RETAIL MOTOR FUEL PUMPS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) City Attorney Ansbro read the title of Ordinance #2017-021, and noted the applicant requested a continuance until the July 25, 2017 City Commission meeting. Mayor James opened the Public Hearing. Karen Rivas, 42 SW 15 Street, questioned why the other 7-Eleven stores in the City were not considered. Seeing as there was no one else to speak in favor or opposition, Mayor James closed the Public Hearing. Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,June 27,2017—7:00 p.m. Commissioner Grace motioned to continue Ordinance #2017-021, on second reading, until the July 25, 2017 City Commission meeting at 7:00 p.m.; seconded by Vice-Mayor Harris. The motion carried on the following 5-0 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Harris Yes Commissioner Grace Yes Mayor James Yes Commissioner Salvino Yes City Attorney Ansbro advised the remaining items, except Item #9.4, were quasi-judicial hearings and swore-in those who would speak. He asked the Commission to disclose any communication they had on these matters. 9.2 ORDINANCE#2017-017 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE REQUEST MADE BY BOWMAN CONSULTING GROUP, LTD., AGENT FOR THE PROPERTY OWNER GURU SHAKTI GROUP LLC, TO REZONE PROPERTY LOCATED AT 30 SW 16th STREET, DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A"; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM RESIDENTIAL OFFICE (RO) DISTRICT TO SOUTH FEDERAL HIGHWAY MIXED USE (SFED-MU) DISTRICT (APPLICATION NO. RZ-43-17), SUBJECT TO CERTAIN RESTRICTIONS, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) (Continued from May 23,2017 and June 13,2017) City Attorney Ansbro read the title of Ordinance #2017-017. Corinne Lajoie, Planning and Zoning Manager, explained the rezoning request. Mayor James and Commissioner Salvino questioned the location of the building and fuel pumps. Ms. Lajoie noted the site plan is currently in Development Review, and will go before the Planning and Zoning Board. Commissioner Brandimarte noted she will not approve the rezoning request without a site plan. Attorney Heidi Davis, representing the applicant, presented copies of the proposal to the Commission, which is attached to and included in these minutes. Commissioner Salvino questioned if the site is not developed whether or not the rezoning could be reverted back to the original use. City Attorney Ansbro responded yes, through a City initiated rezoning request. Attorney Davis noted she represents 7-Eleven and they are following the process required by the City. They will come back on second hearing and make a full presentation. The current 7- Eleven on Federal Highway will close and the pumps will move to the new location, if approved. Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday,June 27,2017—7:00 p.m. They have met with the neighbors whose biggest concern is traffic and cut-through traffic. They propose to close the alleyway with a gate accessible to police and fire, and they will be dedicating a larger easement in the alley to the City along the length of their property. She noted the neighbors to the west also want to have their properties rezoned, and this project would be the start of a neighborhood redevelopment. She confirmed there will be a deed restriction on the 7-Eleven property on Federal Highway so that there can be no convenience store or gas station at that location after it is shut down. Joe Van Eron, 1500 SW 2nd Avenue, spoke about the neighborhood. Attorney Davis noted the people at the meeting were in support of the rezoning, including Joe Van Eron. This is something the whole neighborhood wants. Mayor James opened the Public Hearing. Teddy Bohanan, 312 SW 15d' Street, noted she fought for this area for years. She said we need to get rid of the current 7-Eleven because this is a bad area. It is time to make a change and we need the place cleaned up. Joe Van Eron, 1500 SW 2nd Avenue, spoke. He noted they do not have problems in the alley, and the City needs to look at the rest of the block. Karen Rivas, 42 SW 15 Street, said she measured the alley, and spoke of cut-through traffic in the neighborhood. She felt this is a bad idea for this neighborhood. Michael Garramone, 42 & 48 SW 16 Street, commented he is happy to see something happen, but he is still stuck; he did not know about the restrictions when he purchased his properties through short sales. He proposed a gate on SW 2ndto close traffic off during certain hours. Guillermo Vertone, 3080 SW 44 Street, operator of the 7-Eleven store on Federal Highway, spoke about the 7-Eleven franchise. Ann Rue, 314 SW 15 Street, showed a picture of the alley. She questioned why they need the alley for their site development. Gretchen Larco, 54 SW 16 Street, spoke in support of this project. She noted the whole block should be unified and turned commercial. Karen Rivas, 42 SW 15 Street, complained about the parking in the alley. Seeing as there was no one else to speak in favor or opposition, Mayor James closed the Public Hearing. Attorney Davis noted FDOT is requiring them to use the alleyway, and close their access from Federal Highway. Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,June 27,2017—7:00 p.m. Commissioner Salvino commented the other property owners can request a rezoning for their properties. He noted traffic will be on Federal Highway regardless of a gas station. Commissioner Grace concurred that the 7-Eleven needs an upgrade. She noted this is a step in the right direction, and she does not want an eyesore when the 7-Eleven on Federal Highway closes. Commissioner Salvino motioned to adopt Ordinance #2017-017, on first reading; seconded by Vice-Mayor Harris. The motion carried on the following 5-0 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Harris Yes Commissioner Grace Yes Mayor James Yes Commissioner Salvino Yes 9.3 ORDINANCE#2017-020 Withdrawn from Agenda AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,APPROVING THE REQUEST MADE BY DENNIS MELE, ESQ.,/GREENSPOON MARDER, P.A., AGENT FOR THE PROPERTY OWNERS SUNSHINE REO XI, LLC AND CF & A HILL FAMILY, LTD, TO REZONE PROPERTY GENERALLY LOCATED NORTH OF STIRLING ROAD, SOUTH OF SW 1ST STREET, EAST OF SW I ITH AVENUE AND WEST OF PHIPPEN ROAD IN THE CITY OF DANIA BEACH, FLORIDA AS LEGALLY DESCRIBED IN EXHIBIT "A," A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM NEIGHBORHOOD RESIDENTIAL(NBHD-RES) DISTRICT TO GENERAL INDUSTRIAL DISTRICT(I-G), (APPLICATION NO. RZ-34-17) SUBJECT TO CERTAIN RESTRICTIONS, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) (Continued from June 13,2017) City Attorney Ansbro read the title of Ordinance #2017-020 and noted the applicant requested to withdraw the request. Mayor James opened the Public Hearing. Rodney Collins, 24 SW 51h Avenue, commented the development has not been well thought out. He felt an Aldi Supermarket is not the right use for the neighborhood, a RaceTrac will be lit up all night, and storage is not needed. Seeing as there was no one else to speak in favor or opposition, Mayor James closed the Public Hearing. Commissioner Grace and Mayor James commented on the neighborhood meeting held Monday night. 9.4 ORDINANCE#2017-022 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, TO AMEND CHAPTER 28, OF THE "LAND DEVELOPMENT CODE," OF THE CITY'S CODE OF ORDINANCES BY AMENDING ARTICLE 105, "USE REGULATIONS FOR RESIDENTIAL AND OPEN SPACE ZONING DISTRICTS" CONCERNING SUPPLEMENTAL REGULATIONS IN THE PRD-1 DISTRICT; AMENDING Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday,June 27,2017—7:00 p.m. ARTICLE 115,"INDUSTRIAL DISTRICTS: PERMITTED,PROHIBITED, SPECIAL EXCEPTION USES,AND CONDITIONS OF USE" TO REVISE THE LIST OF USES AND RELATED CONDITIONS; AMENDING ARTICLE 205, "TABULAR SUMMARY OF SITE DEVELOPMENT STANDARDS FOR ALL ZONING DISTRICTS" CONCERNING LOT, YARD AND BULK REGULATIONS; AMENDING ARTICLE 215, "SUPPLEMENTAL REGULATIONS FOR YARDS, LOT COVERAGE, IMPERVIOUS AREA AND OPEN SPACE," TO ADDRESS YARD ENCROACHMENTS; AMENDING ARTICLE 265, "OFF-STREET PARKING REQUIREMENTS," TO ADDRESS OFF-STREET PARKING REQUIREMENTS AND ON-STREET PARKING CREDIT; AMENDING ARTICLE 275, "LANDSCAPING REQUIREMENTS" TO ADDRESS EXISTING NONCONFORMING VEHICULAR USE AREAS; AMENDING ARTICLE 610, "PUBLIC HEARING NOTICES" TO REVISE PUBLIC HEARING NOTICE REQUIREMENTS; AMENDING ARTICLE 630, "SPECIAL EXCEPTION USES" TO REVISE THE DECISION MAKING AUTHORITY FOR CERTAIN APPLICATIONS; AMENDING ARTICLE 640, "PLATS" TO REVISE PLAT DRAWING AND DATA REQUIREMENTS; AMENDING ARTICLE 725, "DEFINITIONS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the title of Ordinance #2017-022. Corinne Lajoie, Planning and Zoning Manager, explained the proposed text amendments that will be applied city-wide. Mayor James opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Salvino motioned to adopt Ordinance #2017-022, on first reading; seconded by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Harris Yes Commissioner Grace Yes Mayor James Yes Commissioner Salvino Yes 9.5 ORDINANCE #2017-023 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,APPROVING THE VACATION OF A UTILITY EASEMENT (VC-45-17) LOCATED ON THE GRIFFIN POINTE PLAT SUBMITTED BY GRIFFIN POINTE PARTNERS, LLLP FOR PROPERTY LOCATED AT 2281 GRIFFIN ROAD IN THE CITY OF DANIA BEACH,FLORIDA,AS LEGALLY DESCRIBED IN EXHIBIT"A",A COPY OF WHICH IS ATTACHED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 9.6 RESOLUTION#2017-061 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE PLAT NOTE AMENDMENT DELEGATION REQUEST (DR-036-17) APPLICATION SUBMITTED BY GRIFFIN POINTE PARTNERS, LLLP FOR PROPERTY LOCATED AT 2281 GRIFFIN ROAD IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 9.7 RESOLUTION#2017-062 Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday,June 27,2017—7:00 p.m. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN(SP-035-17), VARIANCES (VA-49-17, VA-50-17, VA-66-17), EXCEPTIONS FROM DESIGN STANDARDS (OT-48-17), AND SPECIAL EXCEPTION (SE-51-17) APPLICATIONS SUBMITTED BY GRIFFIN POINTE PARTNERS, LLLP FOR PROPERTY LOCATED AT 2281 GRIFFIN ROAD IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT A, A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; AND FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Ordinance #2017-023, Resolution #2017-061, and Resolution#2017-062. Corinne Lajoie, Planning and Zoning Manager, provided an overview of the requests for the 8- acre site. Dennis Mele, representing the applicant, noted there originally was an application from the former owner for a site plan for offices. They are proposing corporate headquarters and distribution center for a medical supply company. He added they sent out 117 notices and 11 people showed up for the meeting. He reviewed a number of changes that have been made from the meetings and comments received. Mayor James opened the Public Hearings. Fred Elson, 2395 SW 45 Street, said he would like to eliminate the back exit and only have one at the front entrance. Development is going to happen, but we should make the traffic come in and go out on a commercial roadway. Christine Douglas, 4065 SW 38 Terrace, commented she favors fixing the old buildings on Griffin Road because they do not look good. Also, traffic is unbearable getting out of her neighborhood. Ben Levy, 4521 SW 25 Avenue, spoke against the development, and the traffic. Seeing as there was no one else to speak in favor or opposition, Mayor James closed the Public Hearings. Mayor James noted she is concerned about the right turn at the back of the building. Commissioner Grace motioned to adopt Ordinance #2017-023, on first reading; seconded by Commissioner Brandimarte. The motion carried on the following 5-0 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Harris Yes Commissioner Grace Yes Mayor James Yes Commissioner Salvino Yes Commissioner Grace motioned to adopt Resolution #2017-061; seconded by Commissioner Brandimarte. The motion carried on the following 5-0 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Harris Yes Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday,June 27,2017—7:00 p.m. Commissioner Grace Yes Mayor James Yes Commissioner Salvino Yes Vice-Mayor Harris motioned to adopt Resolution #2017-062; seconded by Commissioner Grace. The motion carried on the following 4-1 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Harris Yes Commissioner Grace Yes Mayor James No Commissioner Salvino Yes 9.8 RESOLUTION#2017-063 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN MODIFICATION (SP-03-15MOD), SUBMITTED BY 4 N. FEDERAL DANIA, LLC, FOR PROPERTY LOCATED ON THE NORTHEAST CORNER OF FEDERAL HIGHWAY AND DANIA BEACH BOULEVARD IN THE CITY OF DANIA BEACH, FLORIDA, AS LEGALLY DESCRIBED AS EXHIBIT "A," A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION;PROVIDING FOR CONDITIONS;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42017-063. Corinne Lajoie, Planning and Zoning Manager, explained the site plan modification for the Trion Project. Leigh Kerr, representing the applicant, noted they reduced 15 2-bedrooms and increased some efficiencies and 1-bedrooms; there are no changes to the exterior of the building. Mayor James opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Commissioner Grace motioned to adopt Resolution #2017-063; seconded by Vice-Mayor Harris. The motion carried on the following 5-0 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Harris Yes Commissioner Grace Yes Mayor James Yes Commissioner Salvino Yes 9.9 RESOLUTION#2017-064 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN MODIFICATION (SP-113-15MOD) SUBMITTED BY FRONTIER DANIA, LLC & JOSEPH DENIS ON BEHALF OF DANIA LIVE 1748, LLC FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF STIRLING ROAD BETWEEN BRYAN ROAD AND INTERSTATE 95 WITHIN THE CITY OF DANIA BEACH, FLORIDA, AS 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#2017-064. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday,June 27,2017—7:00 p.m. Corinne Lajoie, Planning and Zoning Manager, described the proposed site plan modification for Phase 1 of the development. Mayor James opened the Public Hearing. Seeing as there was no one to speak in favor or opposition, she closed the Public Hearing. Vice-Mayor Harris motioned to adopt Resolution #2017-064; seconded by Commissioner Grace. The motion carried on the following 5-0 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Harris Yes Commissioner Grace Yes Mayor James Yes Commissioner Salvino Yes 10. Discussion and Possible Action 10.1 Request for Funding from the Creative Arts Council Advisory Board Representatives of the Creative Arts Council Advisory Board presented a PowerPoint presentation, which was included in the agenda packet. They requested $20,000.00 to complete three murals within six months. Charlene Alvarez noted she works with children in the community through art. Commissioner Grace explained $20,000.00 is not possible in this budget; we will have funds to allocate in future years. She noted we need to embrace our culture and diversity in the City, and the CACAB is one of the best boards we have. Commissioner Salvino noted he does not want to pay to have a wall painted at Staged Right Events; they should pay for it themselves. He suggested the Commission provide a couple thousand dollars to the Board for supplies. Joan Gringer, 604 NE 2 Street, disagreed and said that arts are always asked to do things for free. She noted the Board has been very patient with the City; they have done quite a few things, but not as much as they would like. Commissioner Brandimarte questioned if they considered fundraising. Lauren Odman said she would match whatever money the City puts in. Vice-Mayor Harris wants to know why art is not in Dania Beach. The reason is because the Commission will not provide funding. Patty Hart noted she got a developer to donate four murals at Collins Elementary, and is disappointed that it was never mentioned by the Commission. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday,June 27,2017—7:00 p.m. Al Huggins, 8610 NW 25 Court, commented that murals bring people into the City; the money is an investment to get a return. Commissioner Grace noted we have a budget that has not been generated yet this year. Her proposal would be to not approve this tonight, but after we visit the budget, perhaps provide $10,000.00. Commissioner Brandimarte said she is interested in putting police and firefighters in the streets, not murals. Vice-Mayor Harris commented the murals are something to consider because they reflect the art and soul of the community. Commissioner Salvino motioned to give the CACAB $2,000.00 for supplies to get them going, with a resident match of $2,000.00, which would give them $4,000.00; seconded by Commissioner Grace. Henriette Arnold noted the request for funding contained a request for $2,000.00 to finish the art gallery. She cautioned the Commission to stop asking the artists to do everything for nothing. Mayor James wants to look at this during the budget. In the meantime, she wants to see how a mural looks on a building so they can show everyone what they are about; this could bring funding from other sources, as well. Derrick Hankerson, 746 SW 3 Street, commented he grew up in the arts, but left them for financial reasons. We are looking at putting art in public places and private businesses. The taxpayers may not want to pay to put a mural on a private business; it may be more palatable in public places. Vice-Mayor Harris commented the skate park panels were thrown away when they could have been used elsewhere in the City. Mayor James said she heard about it from a resident, not City staff. Colin Donnelly, Assistant City Manager, noted if approved, the funds for the CACAB must be spent according to the City's purchasing policy. Supplies would need to be purchased under our purchasing rules; we will not cut a check to the Board. Commissioner Salvino amended the motion to look at this after the budget. The motion carried on the following 5-0 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Harris Yes Commissioner Grace Yes Mayor James Yes Commissioner Salvino Yes 10.2 RESOLUTION#2017-065 Revised Resolution Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday,June 27,2017—7:00 p.m. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A PURCHASE AND SALE AGREEMENT ON BEHALF OF THE CITY OF DANIA BEACH WITH BARRY C. SMITH AND MARY E. SMITH,FOR THE PURCHASE OF THE PROPERTY LOCATED AT 701 SW 12TH AVENUE AND THE ADJACENT PROPERTY WITH AN ADDRESS OF 741 SOUTHWEST 7TH STREET IN THE CITY, FOR A PURCHASE PRICE OF TWO HUNDRED SIXTY THOUSAND DOLLARS ($260,000.00), SUBJECT TO CERTAIN TERMS AND CONDITIONS;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution#2017-065. Commissioner Salvino questioned what will happen to the property. Commissioner Grace responded we are going to knock down the building and build two single family homes in the community and make it more appealing. This will be a win-win situation. Colin Donnelly, Assistant City Manager, read from City Manager Baldwin's memo that was included in the agenda packet, and noted the property will be demolished. The Commission can discuss the next steps of what to do with it, but the idea is to address a long standing problem in the City. Commissioner Grace motioned to adopt revised Resolution #2017-065; seconded by Commissioner Brandimarte. The motion carried on the following 5-0 Roll Call vote: Commissioner Brandimarte Yes Vice-Mayor Harris Yes Commissioner Grace Yes Mayor James Yes Commissioner Salvino Yes Addendum 10.3 RESOLUTION#2017-069 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, DECLARING ZONING IN PROGRESS FOR PREPARATION OF AMENDMENTS TO THE CITY OF DANIA BEACH CODE OF ORDINANCES AND LAND DEVELOPMENT REGULATIONS TO PROHIBIT OR REGULATE MEDICAL MARIJUANA DISPENSARIES; PROVIDING FOR CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2017-069, and noted new regulations will be brought forward on July 25, 2017 to deal with the new state law. Commissioner Grace commented we need to prohibit it from our City. Commissioner Brandimarte noted it has been proven that medical marijuana can save lives. We should not be harsh on it; one day you may need to have the medication in order to be treated without horrendous side effects. She stated this is not a big thing. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday,June 27,2017—7:00 p.m. Commissioner Salvino said he is not opposed to having it; this just gives us time to discuss and analyze it. Commissioner Salvino motioned to adopt Resolution #2017-069; seconded by Commissioner Grace. The motion failed on the following 2-3 Roll Call vote: Commissioner Brandimarte No Vice-Mayor Harris No Commissioner Grace Yes Mayor James No Commissioner Salvino Yes 11. Commission Comments 11.1 Commissioner Brandimarte Commissioner Brandimarte had no comments. 11.2 Commissioner Grace Commissioner Grace addressed raising money for the children attending the Michael Curry camp. Commissioner Grace noted last year Dania Beach children were taken to the stadium in Miami for the Hurricane game. This year, they have secured a bus, but she needs $300-400 more in funding. Commissioner Grace spoke of family reunions in the City. Commissioner Grace announced Kayla Gardner at Frost Park is her employee of the month for starting a program called Gracefully Aging. 11.3 Commissioner Salvino Commissioner Salvino asked for a sycamore tree report at the next meeting, and complimented Public Works for the great job of landscaping Federal Highway and Dania Beach Boulevard. Commissioner Salvino felt we need an immediate workshop on branding in order to get the signs UP. Mayor James said she will put a workshop together. Commissioner Salvino commented Griffin Road will be our gateway with all the new development occurring. 11.4 Vice-Mayor Harris Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday,June 27,2017—7:00 p.m. Vice-Mayor Harris suggested a timer be installed on the dais so people in the audience can see how long they are talking. Vice-Mayor Harris told City Attorney Ansbro we need a resolution on sober homes and party houses. Vice-Mayor Harris addressed staffing charts, productivity and employee evaluations, and asked if there is an action plan coming. Assistant City Manager Donnelly said this will be built into the budget presentation. Vice- Mayor Harris responded we need an action plan, not a budget plan, on how the programs are going to be implemented. He would like this by the next Commission meeting. Vice-Mayor Harris commented a City employee was given a parking citation for parking in the wrong space in the garage. He asked if it was true that the employee was told if they were parked in the wrong place, they would be charged with trespassing and given a fine. Assistant City Manager Donnelly said it was false. He clarified it was reported to the City Manager's office that someone was parked in the City Manager's space and he requested they be given a ticket. At the time, he did not know it was an employee. 11.5 Mayor James Mayor James invited the Seniors to the park program that Kayla Gardner started. Mayor James commended Chief Marks on how the corner of NW 51h and 1st Street looks. Mayor James noted the DCOTA project looks terrible; we need to force them to do something as it has been an eyesore for too long. Marc LaFerrier, Director of Community Development, noted they pulled the permit today to do the renovation, so work should begin shortly. 12. Appointments 12.1 Airport Advisory Board—no appointments Attorney Ansbro advised he would bring forth a resolution at the next Commission meeting to change the membership back to 10 members, as set forth in the establishing resolution. We do not have any record of the board being expanded to 15 members. 12.2 Green Advisory Board—no appointment 12.3 Police and Fire Pension Board Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,June 27,2017—7:00 p.m. The Commission appointed: Pavel Naporko Commissioner Brandimarte motioned to approve the appointment; seconded by Commissioner Grace. The motion carried unanimously. 13. Administrative Reports 13.1 City Manager Assistant City Manager Donnelly had no additional comments. 13.2 City Attorney City Attorney Ansbro had no additional comments. 13.3 City Clerk- Reminders Tuesday, July 25, 2017 - 7:00 p.m. City Commission Meeting Tuesday,August 22, 2017—6:00 p.m. CRA Board Meeting Tuesday,August 22, 2017 - 7:00 p.m. City Commission Meeting 14. Adjournment Mayor James adjourned the meeting at 10:56 p.m. ATTEST: CITY OF DANIA BEACH m LOUISE STILSON, CMC TAMARA JAj S CITY CLERK MAYOR Approved: July 25, 2017 Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday,June 27,2017—7:00 p.m. 1 lot: ' sr REQUEST TO ADDRESS i CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS 0 The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk, before th7meet;ig begins. DATE OF COMMISSION MEETING: 20 PRINT NAME: l ADDRESS: PHONE NO. (optional): Q f S PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) --- CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak,the Commission shall detennine on a meeting by meeting basis whether to(a)extend the time allotted for citizen comments to accommodate all speakers,or(b)whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: 2) PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN,VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES,EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE#2012-019) GAAgenda\PUBLIC SPEAKING FORM.doc REQUEST TO ADDRESS CITY COMMISSION AT REGULAR OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk,before the meeting begins. DATE OF COMMISSION MEETING: N 1 c-�Lo�`� ,20 I '1 PRINT NAME: Q / 47 2q b h p l ADDRESS: PHONE NO. (optional): PLEASE CHECK ONE OR BOTH OF THE BOXES BELOW: 1) ` CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak,the Commission shall determine on a meeting by meeting basis whether to(a)extend the time allotted for citizen comments to accommodate all speakers,or(b)whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PLEASE BRIEFLY DESCRIBE THE SUBJECT MATTER OF YOUR COMMENT: /D, 2) PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES,EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE#2012-019) G:\Agenda\PUBLIC SPEAKING FORM.doc x¢ � � REQUEST TO ADDRESS CITY COMMISSION AT REGULAR y` OR SPECIAL MEETINGS The City is required by state law to keep minutes of City Commission meetings. To properly identify persons who address the City Commission in those minutes,the City requests that this form be completed and provided to the City Clerk,before the meeting begins. DATE OF COMMIS7",z MNG: .-��'� o- 20lPRINT NAME: ADDRESS: 12-1 C:ti`1� � : Cam. C PHONE NO. (optional): PLEASE CHECK O eOR BOTH OF THE BOXES BELOW: 1) CITIZEN COMMENTS: Comments by Dania Beach citizens or interested parties that are not part of the regular printed agenda may be made during each Commission meeting during the period set aside for"Citizen Comments." A thirty(30)minute"Citizen Comments"period shall be designated on the agenda for citizens and interested persons to speak on matters not scheduled on that day's agenda. Each speaker shall be limited to 3 minutes for his or her comments. Persons desiring to speak during the citizen comment period shall inform the City Clerk immediately prior to the beginning of the meeting of their intention to speak. If more than 10 speakers express a desire to speak,the Commission shall determine on a meeting by meeting basis whether to(a)extend the time allotted for citizen comments to accommodate all speakers,or(b)whether to limit the number of speakers or amount of time per speaker. A speaker's time shall not be transferable to another speaker. PIAASE BRIEFLY DESCRIBE THE SUBJECT MATTE F YOU COMMENT: l® 2) - PUBLIC HEARINGS—ITEM# (AS PRINTED ON AGENDA) PLEASE NOTE:IF YOU WISH TO SPEAK ON AN ITEM THAT PERTAINS TO A"ZONING"TYPE OF MATTER(FOR EXAMPLE,A SITE PLAN, VARIANCE, SPECIAL EXCEPTION OR SIMILAR TYPE OF ITEM KNOWN AS A"QUASI-JUDICIAL"MATTER, YOU ARE SUBJECT TO BEING ASKED TO SWEAR OR AFFIRM THAT YOU WILL BE TRUTHFUL AS TO YOUR COMMENTS OR TESTIMONY. YOU MAY ALSO BE SUBJECT TO QUESTIONS ASKED OF YOU BY AN APPLICANT OR AN APPLICANT'S REPRESENTATIVE OR ATTORNEY WHICH RELATE TO THE ITEM. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES,EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE#2012-019) G:\Agenda\PUBLIC SPEAKING FORM.doc 5 , CUNSTER uf �a BHD-RES �• _, '_ SE14TH ST � Al ,a r w R a �a t mum- � SHERf[)AN 3T E.— ,.._.:.E SHEf low�s• � ok t 41, J� LW I 2 i W F i Ln K. f �> e w I . c SW 1 GIH ST � ` 3 I I I 1 I I 8'bewuncw i T 11CCB15 BUILDING . 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