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HomeMy WebLinkAbout48480 - MINUTES - City Commission MINUTES OF REGULAR MEETING DANIA BEACH CITY COMMISSION TUESDAY, DECEMBER 11, 2007 — 7:00 P.M. 1. Call to Order Mayor Anton called the meeting to order at 7:00 p.m. 2. Invocation and Pledge of Allegiance Father Tom Polito, OSA, Church of the Resurrection, 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 Presentation to Joseph (Jojo) Terarutyunyan Mayor Anton presented a Proclamation to 7 year-old Joseph (Jojo) Terannyunyan for his commitment to teaching kids that with hard work and determination, all things can be accomplished. 4.2 Presentation to Commissioner John Bertino for 30 Years of Municipal Service Mayor Anton presented a Resolution from the Florida League of Cities to Commissioner Bertino for his 30 years of service to the City of Dania Beach. Commissioner Bertino thanked his wife for supporting him and thanked the citizens of Dania Beach for their confidence in reelecting him to office. 4.3 Request to host a beach cleanup by the Environmental Magnet students of South Plantation High School Vice-Mayor Jones motioned to allow the cleanup at the beach; 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 4.4 34`h Year Community Development Block Grant (CDBG) Public Hearing Colin Donnelly, Assistant City Manager, presented a Power Point for the 34`h Year Community Development Block Grant, Griffin Road Corridor Block Grant and Improvements Program, which is attached to and incorporated into these minutes. He explained that this was a public hearing to allow public input. The second public hearing is scheduled for Thursday, December 13, 2007 at 5:30 p.m. at which time the Commission will ratify the plan recommended by staff. Mayor Anton opened the Public Hearing. Joe Van Eron, 1500 SW 2nd Avenue, reminded the Commission of the CPTED Study that was conducted for the Triangle Village area. He noted he has not seen any of the recommended improvements in five years. Mr. Van Eton questioned why they were not being treated fairly. Commissioner Bertino indicated that CDBG funds have to be used for specific census tracts which are of very low income level. He added that the neighborhood where Mr. Van Eton lives does not qualify because it is too affluent. Annette Hibbitts, 26 SW I Vh Street, questioned what happened to the $250,000 for Sunny Isles, College Gardens and Dania Beach Heights. She commented the area where she lives needs sidewalks and other improvements. Jimmy Crimminger, 237 SW 151h Street, thanked the Commission for the work on 2"d Avenue and Sheridan Street. He also thanked City staff for guidance on the renovations on his property. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Castro pointed out that originally we were going to use three years of CDBG money to do lighting and sidewalks in the Playland Isles area. When we switched to solar lighting last year the cost was considerably less. She questioned whether any funds have been used from the NIAB line item established in this year's budget with $1.1 M. Dominic Orlando, Public Services Director clarified for Commissioner Castro that the work being done on Sheridan Street and SW 2"d Avenue is being funded from the $1.1M allocated in this year's budget. Minutes of Regular Meeting 2 Dania Beach City Commission Tuesday, December 11,2007—7:00 p.m. Commissioner Castro suggested we begin with the southwest area because they have been waiting the longest, then, move to the other areas that are not covered by CDBG or GO Bond funds. She thought we should get all the CPTED study areas done first. Commissioner Castro suggested a Commission Workshop to discuss this matter and give staff direction on how to approach expending these funds. She recommended we start using numbers to identify each project to avoid confusion on how much money is left. Commissioner Castro asked Director Varney for a report showing the different projects and the account used for each one. Director Orlando indicated he had asked Chen and Associates to submit a proposal to address all CPTED items in the southwest area. Vice-Mayor Jones noted we do not need a workshop, we agreed to move forward with the CPTED Study and set aside funds for it. He thought a workshop would be a waste of time. Commissioner Flury agreed with staff recommendation for the 34`h Year CDBG application. She was not interested in a verbal report and noted she has been asking for a project schedule for a long time. She stated the Commission needs to be provided with an updated written quarterly report of all projects and how funds are being allocated. Commissioner Castro motioned that the SLIM be used to complete the CPTED study in the southwest area, with the remaining funds used for lighting, sidewalks and traffic calming devices within the other seven areas, and that future CDBG funds be allocated to those CPTED areas as applicable; seconded by Vice-Mayor Jones. Mayor Anton suggested a friendly amendment to Commissioner Castro's motion, to include providing a quarterly report to the Commission showing how funds are being expended. Joe Van Eton clarified for the record that any expenses to cover the SW 2nd Avenue and Sheridan Street project were to come from the GO Bond money before other funds. Commissioner Bertino motioned to include the friendly amendment. 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 Broward County School Board: Olsen Middle School Redevelopment Plan Laurence Leeds, AICP, Director of Community Development, noted that the Broward County School Board submitted plans to demolish and redevelop the buildings on the west side of the Olsen Middle School Campus. The remainder of the Campus (main building and parking lot to the east) will not be changed. The plan proposes the construction of a new 73,000 square foot two-story school. The amount of open space will increase. The drainage calculations were reviewed by the Public Services Director and are acceptable. The School Board indicated that Minutes of Regular Meeting 3 Dania Beach City Commission Tuesday, December 11,2007—7:00 p.m. the site plan review is not within the City's jurisdiction; however, they were present to explain the details of the project to the Commission. Sonja V. Coley, representing Broward County School Board, introduced Sandra Player and George Perez from Song and Associates. She presented renderings of the layout for the new proposed addition to Olsen Middle School. Vice-Mayor Jones asked if it would be possible to preserve the comer plaque that shows when Olsen Middle School was built and make it the focal point of the new building. Commissioner Bertino noted that the building will abut Meadowbrook Condominium, and requested landscape be included to buffer the school from the condominiums. Director Leeds clarified for Commission Bertino that there is currently a 25 feet landscaped area on the north side of the property. Ms. Coley indicated that they are currently in the final phase of permitting, but will take these suggestions into consideration. Item #9.2 was heard after Item #4.5 5. Proclamations There were no proclamations at this meeting. Citizen Comments were heard after Item #9.2 6. Citizen Comments Joe Van Eron noted that the Broward County Superior Small Lodging selected Liberty Suites as the first superior small lodging in Dania Beach. During the week prior to this event, Liberty Suites hosted an open house for all the visiting hoteliers throughout the State of Florida. Mr. Van Eron thanked BSO for their assistance during this event. Secondly, Mr. Van Eron spoke about term limits for elected officials and diversity within our City. He indicated that the League of Cities was out of line in making a presentation to Commissioner Bertino, and suggested Commissioner Bertino consider stepping down from the Commission this coming year. Commissioner Bertino thanked Mr. Van Eron for his comments. 7. Consent Agenda Items removed from Consent Agenda: #7.6 and#7.7 Minutes of Regular Meeting 4 Dania Beach City Commission Tuesday,December 11,2007—7:00 p.m. 7.1 Minutes Approve Minutes of the November 15, 2007 Abatement Hearing Approve Minutes of the November 27, 2007 City Commission Special Meeting Approve Minutes of the November 27, 2007 City Commission Meeting Resolutions 7.2 RESOLUTION #2007-240 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING PARTICIPATION IN A R.E.A.P. (RAPID EXTRACTION OF AQUATIC PATIENTS) GRANT FUNDED THROUGH A 2005 BROWARD COUNTY EMS GRANT; AUTHORIZING THE CITY MANAGER TO PURCHASE EQUIPMENT FROM RIVA MOTORSPORTS IN AN AMOUNT NOT TO EXCEED SIXTEEN THOUSAND ONE HUNDRED FORTY-SEVEN AND45/100($16,147.45) FOR FISCAL YEAR 2007-2008; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY TO RECEIVE REIMBURSEMENT FROM BROWARD COUNTY FOR PURCHASES MADE UNDER THE R.E.A.P. GRANT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE, 7.3 RESOLUTION #2007-241 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO APPLY FOR, ACCEPT IF AWARDED, AND EXECUTE AN AGREEMENT WITH THE CHILDREN'S SERVICES COUNCIL OF BROWARD COUNTY UNDER THE MAXIMIZING OUT-OF- SCHOOL TIME ("M.O.S.T.") SUMMER 2008 PROGRAMS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.4 RESOLUTION #2007-239 Revised Resolution A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING A WORK ORDER FOR$66,374.00 FOR DEVELOPMENT OF DESIGN AND BID PACKAGES BY THE FIRM OF CAMP DRESSER AND MCKEE FOR THE WATER TREATMENT PLANT REHABILITATION PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE WORK ORDER; PROVIDING ASSURANCES; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 RESOLUTION #2007-238 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING EXECUTION BY CITY OFFICIALS OF A LOAN AMENDMENT TO EXTEND THE LOAN PERIOD EIGHT MONTHS FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE WATER TANK AND HIGH SERVICE PUMPING PROJECT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 RESOLUTION #2007-242 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A WORK ORDER AGREEMENT WITH Minutes of Regular Meeting 5 Dania Beach City Commission Tuesday, December 11, 2007—7:00 p.m. CALVIN, GIORDANO AND ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION OF SE 5T" AVENUE LINEAR PARK; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-242. Commissioner Flury would like to see a timeframe in our agreements. She requested a date certain for the completion of this project to be included in the contract. Mayor Anton remarked that Calvin Giordano and Associates needs to move forward with this project immediately. Dominic Orlando, Public Services Director, advised that Calvin Giordano and Associates confirmed they can complete the design element in two months. Commissioner Flury requested to include the timeframe in the agreement for 90 days. Commissioner Flury motioned to adopt Resolution #2007-242, with the condition that the work be completed within 90 days; 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 7.7 RESOLUTION #2007-243 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A WORK ORDER AGREEMENT WITH CALVIN, GIORDANO AND ASSOCIATES, INC. FOR SURVEYING AND ENGINEERING SERVICES RELATED TO THE LINEAR PARK, SE 5T" AVENUE ROAD AND STORM WATER IMPROVEMENTS; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 92007-243. Commissioner Flury motioned to adopt Resolution #2007-243, with the condition that the work be completed within 90 days; 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 Ordinances- (Titles read by City Attorney) 7.8 ORDINANCE #2007-026 Minutes of Regular Meeting 6 Dania Beach City Commission Tuesday,December 11,2007—7:00 p.m. 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. (FIRST READING) 7.9 ORDINANCE 42007-027 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 25T" 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. (FIRST READING) 7.10 ORDINANCE #2008-002 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY SAM JAZAYRI, PRESIDENT OF 36T" STREET ACQUISITION, INC., FOR THE "LAKEVIEW INDUSTRIAL PARK PLAT', SUCH PROPERTY BEING LOCATED AT 2400 COLLINS ROAD(SW 36T11 STREET) (SOUTH SIDE OF COLLINS ROAD, WEST OF THE FORT LAUDERDALE HOLLYWOOD INTERNATIONAL AIRPORT), 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 "LAKEVIEW INDUSTRIAL WAREHOUSE PLAT'; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Commissioner Bertino motioned to adopt the Consent Agenda, with the exception of Item #7.6 and Item #7.7; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 8. Bids and Requests for Proposals 8.1 RESOLUTION #2007-244 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF CONTRACT FOR GROUNDS MAINTENANCE SERVICES; AUTHORIZING THE AWARD OF BID TO ALVAREZ LANDSCAPING GROUP, INC. FOR A TWO YEAR CONTRACT; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING Minutes of Regular Meeting 7 Dania Beach City Commission Tuesday, December 11,2007—7:00 p.m. AUTHORIZED REPRESENTATIVES; PROVIDING FOR FUNDING; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-244. Commissioner Castro motioned to adopt Resolution #2007-244; 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 8.2 RESOLUTION #2007-245 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, RELATING TO THE AWARD OF AN AGREEMENT FOR CHLORINE IMPROVEMENTS AT THE WATER TREATMENT PLANT TO BE ACCOMPLISHED IN AN EXPEDITED MANNER WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; AUTHORIZING THE AWARD OF A CONTRACT TO THE WATER TREATMENT & CONTROLS COMPANY FOR CONSTRUCTION ACTIVITES ASSOCIATED WITH THE CHLORINE SYSTEM IN THE AMOUNT OF $60,000.00; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution #2007-245. Dominic Orlando, Public Services Director advised this vendor is the sole source provider for this type of equipment. Commissioner Bertino motioned to adopt Resolution #2007-245; seconded by Commissioner Castro. The motion carried on the following 5-0 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9. Public Hearings and Site Plans 9.1 ORDINANCE #2007-031 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE DEVELOPMENT ORDER FOR THE DESIGN CENTER OF THE AMERICAS DEVELOPMENT OF REGIONAL IMPACT ADOPTED BY CITY OF DANIA ORDINANCE NO. 20, AS AMENDED BY ORDINANCE NOS. 04-84, 22-84, 05-87, 02-88, 23-90, 47-91, NO. 04-96, 2000-017, 2000-051, AND 2002-022, TO MODIFY THE PHASING SCHEDULE DESCRIBED IN THE DESIGN CENTER OF THE AMERICAS APPLICATION FOR DEVELOPMENT APPROVAL AND TO MODIFY THE DEVELOPMENT OF REGIONAL IMPACT MASTER PLAN (MAP H-1); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Minutes of Regular Meeting 8 Dania Beach City Commission Tuesday, December 11,2007—7:00 p.m. City Attorney Ansbro read the title of Ordinance #2007-031. Laurence Leeds, AICP, Director of Community Development, noted this modification is intended to accommodate an additional hotel and allow the office building to be taller than previously approved. He added the location of the new building would not change. Mayor Anton opened the Public Hearing. Gerry Knight, of the law firm Billing, Cochran, P.A., Attorney for the applicant, was available to answer questions. Seeing as there was no one to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Castro motioned to adopt Ordinance #2007-031, 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 Item#9.3 was heard after Item 49.1 Item #9.2 was heard after Item#4.5 9.2 ORDINANCE #2008-001 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING THE DANIA BEACH COMPREHENSIVE LAND USE PLAN BY ADDING A PUBLIC SCHOOL FACILITIES ELEMENT (PSFE), AMENDING THE TEXT OF THE FUTURE LAND USE ELEMENT (FLUE), INTERGOVERNMENTAL COORDINATION ELEMENT(ICE), AND THE CAPITAL IMPROVEMENTS ELEMENT(CIE) IN ORDER TO INCORPORATE SCHOOL CONCURRENCY PROVISIONS REQUIRED BY FLORIDA STATE STATUTES; PROVIDING FOR ADOPTION PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING—TRANSMITTAL STAGE) City Attorney Ansbro read the title of Ordinance#2008-001. Laurence Leeds, AICP, Director of Community Development, noted that effective February 1, 2008 the State of Florida will require that new residential development be evaluated to determine if the anticipated additional students will exceed the adopted level of service for any public school serving the development. State Law requires Dania Beach to adopt a "Public Schools Facilities Element' and to amend the "Capital Improvements", "Intergovernmental Coordination" and "Future Land Use Elements" as they relate to school concurrency. Dania Beach is also required to adopt an Interlocal Agreement with Broward County and the Broward County School Board to implement the plan amendments. He indicated that if the school capacity is not sufficient, the developer will be required to dedicate land, pay for the construction of new school buildings or other options deemed acceptable by the School Board. After Minutes of Regular Meeting 9 Dania Beach City Commission Tuesday, December 11,2007—7:00 p.m. February 1, 2008 the City Commission will not be able to approve a site plan or plat unless the developer has addressed school concurrency. If the City fails to adopt the amendments, or adopts alternative language not acceptable to the School Board, the City faces sanctions such as possible loss of state revenue sharing funds. Mayor Anton opened the Public Hearing. Jimmy Crimminger, 237 SW 15'h Street, noted this will impact the entire State of Florida, not only Dania Beach. He thought it was a win-win situation for the City. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearing. Chad Friedman, Attorney with Weiss Scrota, 200 E. Broward Boulevard, explained the process of calculating the number of students. He clarified for the Commission that if the Comprehensive Plan Amendments are not adopted by February 1, 2008, the City will no longer be able to make any changes to its Comprehensive Plan. Attorney Friedman further noted that the Governor may apply sanctions against the City for any infrastructure projects and the School Board regarding funding. Commissioner Flury motioned to adopt Ordinance #2008-001, on first reading - transmittal stage; 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 Citizen Comments were heard after Item #9.2 Item #9.3 was heard after Item #9.1 City Attorney Ansbro advised the following items were quasi-judicial matters, and swore-in those who would speak. He asked the Commission to disclose any communications they had on these matters. Mayor Anton and Commissioner Bertino advised they spoke to someone regarding Harbour Towne. 9.3 RESOLUTION #2007-233 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY THE CITY OF DANIA BEACH PUBLIC SERVICES DEPARTMENT FROM CHAPTER 28, "ZONING", ARTICLE 4.21, "SCHEDULE OF LOT YARD AND BULK REGULATIONS", FOR PROPERTY LOCATED AT 1201 STIRLING ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 10 Dania Beach City Commission Tuesday, December 11,2007—7:00 p.m. City Attorney Ansbro read the title of Resolution #2007-233 and Resolution #2007-234 because they involve the same property. Laurence Leeds, AICP, Director of Community Development, explained the location of the Public Services Compound. The Planning and Zoning Board supported the variance request, as well as the site plan. Mayor Anton opened the Public Hearings. Seeing as there was no one to speak in favor or opposition, he closed the Public Hearings. Dominic Orlando, Public Services Director, confirmed for Commissioner Flury that the design for this project should be finalized within thirty days. Commissioner Castro motioned to adopt Resolution #2007-233; 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 9.4 RESOLUTION #2007-234 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY THE CITY OF DANIA BEACH PUBLIC SERVICES DEPARTMENT, FOR PROPERTY LOCATED AT 1201 STIRLING ROAD, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Commissioner Castro motioned to adopt Resolution #2007-234; 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 9.5 RESOLUTION #2007-235 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY DAVID ZELCH, ARCHITECT, REPRESENTING THE AMERICAN MARITIME OFFICERS BUILDING CORPORATION OF FLORIDA, INC. FROM CHAPTER 28, "ZONING", ARTICLE 21, "DOWNTOWN TRANSIT ORIENTED DEVELOPMENT (TOD) AND TRANSIT ORIENTED CORRIDOR (TOC)DISTRICTS"AND CHAPTER 28,ARTICLE 28,"SIGNS", FOR PROPERTY LOCATED AT 601 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-235 and Resolution #2007-236 because they involve the same property. Minutes of Regular Meeting 11 Dania Beach City Commission Tuesday, December 11,2007-7:00 p.m. Laurence Leeds, AICP, Director of Community Development, explained the location of the property. The existing bank building will be torn down and a new 3-story building will be constructed. He advised that the site plan complies with all TOC-2 use and area requirements. The only variance that staff is not recommending is the one for parking. The Planning and Zoning Board recommended approval of all variances, including parking, as well as the site plan. The Fire Marshal and Public Services Director have both approved the general layout, including general and emergency vehicle access and have provided technical comments relating to water service. Mayor Anton opened the Public Hearings. Pete Wyle, adjacent property owner on the east side of the property, was concerned that the building will be five feet from his property and that cars will be parking on his property. Director Leeds clarified for the Commission that the setback of the building on the east side is at least 40 feet, which includes the parking lot. He also noted there will be a six foot wall and a ten foot landscape buffer. The building will be fifty feet from the east property line and does not require a variance. Jimmy Crimminger, 237 SW 15`h Street, commended AMO on the condition of their properties and thought this would be an improvement to what is currently on the property. Seeing as there was no one else to speak in favor or opposition, Mayor Anton closed the Public Hearings. Gerry Knight, of the law firm Billing, Cochran, P.A., attorney for the applicant, noted this is not a typical office building but a specialized use for AMO. David Zelch, architect for the project, 17 NE 41h Street, Ft. Lauderdale, commented the design of the building meets the requirements of the TOC-2. He noted granting the variances would promote public welfare. He distributed copies of the drawings to the Commission. Commissioner Bertino was concerned that a portion of the property is set aside as a school and is taken off the tax rolls. He further indicated that if the building is taxable, he would like verbiage included in the agreement confirming this. Attorney Knight clarified that the building is taxable. He noted this building was not for educational purposes and that it will be used by the Union. He thought that this was the same as other taxable buildings therefore, verbiage to that effect should not be included in the agreement. Attorney Knight indicated they are asking for approval of a building that is going to be on the tax roll. He agreed to add that as long as AMO owns the building it will be for a taxable purpose. Jose Leonard, National Secretary/Treasurer for AMO, spoke on the parking issue. They want to combine the administration and accounting departments into one building. They will have 14 employees, therefore 46 parking spaces should be more than they need. They do have local Minutes of Regular Meeting 12 Dania Beach City Commission Tuesday, December 11, 2007—7:00 p.m. members, but they do not generally come to meetings. He noted they have an agreement with Lighthouse Community Church for any overflow parking. Mayor Anton noted he is familiar with AMO and historically there have been parking issues surrounding that building. He indicated they have frequent functions that create parking problems. Mayor Anton thought the building was very attractive and would enhance Federal Highway. He'stated for the record that he supports all of the variances, except the parking. Mayor Anton added that there is no doubt that we will have a parking problem on SE 6th Street. Commissioner Bertino shared Mayor Anton's concerns regarding parking. He commented that if the building were sold to another entity, they would not have the required parking. Mr. Leonard responded there isn't anything in the design of the building to support any of the functions Mayor Anton talked about. Commissioner Flury noted that the inside design indicates there would not be a lot of employees in the building. She questioned if they would agree that large meetings be held at a time when the population at the AMO site is low. Mr. Leonard noted the meetings are the first Monday after the first Sunday of the month at 1:00 p.m. He confirmed for Commissioner Castro that they would not object to a BSO detail to monitor parking during the first 6 months. At the request of Commissioner Flury, he agreed to cooperate with the adjoining neighbor during demolition of the existing building. Vice-Mayor Jones motioned to adopt Resolution #2007-235, with the provision for the 6 month BSO detail; seconded by Commissioner Castro. Commissioner Castro realized we had parking issues within the City. However, she thought we need to be more creative and find ways to offer more parking if we want redevelopment in our City. Commissioner Bertino thought we should try to solve the parking problem, not only with AMO, but with every new building in Dania Beach, instead of thinking that it will not be a problem. The motion carried on the following 3-2 Roll Call vote: Commissioner Bertino No Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton No Commissioner Flury Yes 9.6 RESOLUTION #2007-236 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE SITE PLAN REQUEST SUBMITTED BY DAVID ZELCH, ARCHITECT, REPRESENTING THE AMERICAN MARITIME OFFICERS BUILDING CORPORATION OF FLORIDA, INC., FOR PROPERTY LOCATED AT 601 SOUTH FEDERAL HIGHWAY, IN THE CITY OF DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Minutes of Regular Meeting 13 Dania Beach City Commission Tuesday, December 11,2007—7:00 p.m. Commissioner Castro motioned to adopt Resolution #2007-236; seconded by Commissioner Flury. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino No Vice-Mayor Jones Yes Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes 9.7 RESOLUTION #2007-237 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST MADE BY STEPHEN K. TILBROOK, ESQ., ON BEHALF OF THE PROPERTY OWNER, HARBOUR TOWNE ASSOCIATES, INC., FOR AN EXTENSION OF SPECIAL EXCEPTION SE-32-06, APPROVED BY RESOLUTION 2006-225; VARIANCE VA-33-06, APPROVED BY RESOLUTION NO. 2006-224; AND SITE PLAN SP-34-06 APPROVED BY RESOLUTION NO. 2006-226, ALL APPROVED ON DECEMBER 12, 2006, FOR PROPERTY LOCATED AT 801 NE 3R11 STREET, IN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of Resolution 42007-237. Corinne Lajoie, AICP, Principal Planner, explained the location of the property and clarified there have been no changes to the original plans. She noted the applicant is requesting a 12- month extension which would expire on December 12, 2008. Mayor Anton noted the delay on this project has been caused by the Broward Siting Plan, also known as the Manatee Protection Plan, which needs to be approved by Broward County and the State of Florida. Mayor Anton opened the Public Hearing. Stephen Tilbrook, Shutts and Bowen, LLP, attorney for the applicant, was available to answer any questions. He noted they are willing to move forward with the project as soon as approval is received from Broward County. Seeing as there was no one to speak in favor or opposition, Mayor Anton closed the Public Hearing. Commissioner Bertino motioned to adopt Resolution #2007-237; 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 10. Commission Comments 10.1 Commissioner Bertino Minutes of Regular Meeting 14 Dania Beach City Commission Tuesday, December 11, 2007—7:00 p.m. Commissioner Bertino noted he has been contacted by citizens regarding gay men having sex in an ADA restroom at Frost Park, and that one man was arrested by BSO. He indicated this is an isolated incident and people should not be afraid of our parks. Commissioner Bertino reminded everyone that a lot of groups, churches and organizations are doing positive things during this holiday season to assist needy families. He thanked everyone involved in helping the community, and wished everyone a happy holiday season. 10.2 Commissioner Castro Commissioner Castro would like to make sure that future site plan reviews show the location as Dania Beach, not Fort Lauderdale. This issue was recently discussed by the Tourism Council and they suggested that hotels and any tourism-related projects should brand themselves as Dania Beach. Commissioner Castro asked if the City Logo signs at the entryways were being refurbished. City Manager Pato reported the work is being done in-house and it is moving forward. Commissioner Castro received a letter from the Dania Beach Chamber of Commerce inviting the City Commission to participate in a community-wide forum and workshop in February. They will come before the City Commission in January to make a formal invitation and ask if we would like any specific item on their agenda. Commissioner Castro referred to the New Times article discussed at a previous meeting. She suggested we review our policies and training procedures to avoid any future liabilities. Commissioner Castro asked for an estimate of the attorneys' services and was advised the cost was $30,000. She requested direction from the Commission as to how it should be paid. Our insurance carrier would validate and certify that we are in compliance with everything we are doing to reduce any future claims. Commissioner Castro motioned to proceed with the insurance carrier; seconded by Commissioner Flury. Commissioner Flury agreed with Commissioner Castro's proposal and thought needed the assurance that everything we do is correct. Commissioner Bertino commended Mary McDonald, Director of Human Relations and Risk Management, for making sure we cover all bases when it comes to possible claims. Vice-Mayor Jones confirmed with Director McDonald that this would be the same company that handled the lawsuit and the investigation. He noted he is not satisfied with the labor firm or their findings and conclusions. Vice-Mayor Jones was in favor of reviewing our current policies but disagreed with the decision to use this company. Minutes of Regular Meeting 15 Dania Beach City Commission Tuesday,December 11,2007—7:00 p.m. Mary McDonald, Human Resources/Risk Management Director, confirmed we are using the Labor Attorney that represented us in this case because they have experience in this field. She further indicated that we are attacking this issue from several different angles. We have also reached out to our risk management company and our Human Relations Board. She advised we will be implementing free training on specific legal issues early next year. Mayor Anton supported Commissioner Castro's motion. He noted this is not something that is unique to this City; it happens all over the country. We want to make sure every step has been taken to correct any wrong actions. The motion carried on the following 4-1 Roll Call vote: Commissioner Bertino Yes Vice-Mayor Jones No Commissioner Castro Yes Mayor Anton Yes Commissioner Flury Yes Commissioner Castro discussed the art in the Atrium at City Hall. She suggested contacting the Art Institute of Fort Lauderdale to start developing art within our City. Commissioner Castro thought we should look into the ceramic art tiles by the artist Wyeth, which are very affordable and would create a nice ambience in the Atrium. She also suggested reaching out to the Dania Beach Improvement Committee to see if they would like to sponsor a piece of art or sculpture to be placed in different parts of the City. Commissioner Castro wished everyone a Happy Holiday and a Happy and Healthy New Year. 10.3 Commissioner Flury Commissioner Flury noted that she attended the Woman's Club Luncheon and they requested a copy of the tape from the Centennial celebration. Commissioner Flury thanked Kristen Jones, Parks and Recreation Director, for the successful Dania Elementary event. Commissioner Flury advised that the Chamber of Commerce breakfast will be held on Thursday, December 13 at the Memorial Regional Hospital Auditorium, sponsored by the Joe DiMaggio Children's Hospital. She asked everyone attending to bring a toy. Commissioner Flury further noted that Vice-Mayor Jones, as well as Myrtle Corbin, will be recognized for their years of service with the South Broward Hospital District Board. Commissioner Flury wished everyone a Merry Christmas and a Healthy and Prosperous New Year. 10.4 Vice-Mayor Jones Minutes of Regular Meeting 16 Dania Beach City Commission Tuesday, December 11,2007—7:00 p.m. Vice-Mayor Jones noted that he attended a reading challenge at Collins Elementary last Thursday. He noted that Vincent Thompson, a BSO Deputy, started this program seven years ago, and to date they have read over 10,000 books. Vice-Mayor Jones noted that he and Myrtle Corbin will be recognized at the Dania Beach Chamber breakfast on Thursday morning. Vice-Mayor Jones advised that he spoke with City Manager Pato about signage. He indicated that the water tank can be seen from a distance and we should take advantage of this. Vice-Mayor Jones wished everyone a Safe and Happy Holiday Season. 10.5 Mayor Anton Mayor Anton congratulated the kids and coaches in the football program. Mayor Anton wished everyone a Merry Christmas and a Prosperous New Year. 11. Discussion and Possible Action 11.11 Enterprise Zone Expansion—Colin Donnelly, Assistant City Manager Colin Donnelly, Assistant City Manager, advised the Enterprise Zone is considering proposals to expand the group to include the cities of Hollywood and Pompano Beach. The Enterprise Zone Board wants to know if the City of Dania Beach desires to expand its area before bringing in any other groups. Commissioner Castro would like to see the CRA, Enterprise Zone, and the TOC/TOD to go as far as the west side of the railroad tracks, from the Dania Cut-Off Canal to Stirling Road. She would also like to expand the CRA boundaries and the Enterprise Zone to include the Modello Project. Commissioner Castro had no objection to the City of Hollywood or any other cities expanding as well. 11.2 Investment of Surplus Funds —Patricia Varney, Director of Finance Patricia Varney, Director of Finance, noted that the State Board of Administration (SBA) advised that we can now start drawing some of our funds. She indicated that 86% of the fund is good investment and we can draw down 15%. We have two securities that gave us over $2M, so we currently have $4.3M available. Last December we received $13M in property taxes and fire assessments. Director Varney pointed out that we cannot draw any more funds until the SBA lowers down the restrictions. She recommended that any additional revenue should be invested in bank accounts and certificates of deposit. Commissioner Flury agreed with Director Varney's recommendation. She further pointed out that we should be really slow in putting money back into the SBA at this time. Minutes of Regular Meeting 17 Dania Beach City Commission Tuesday, December 11,2007-7:00 p.m. Commissioner Castro echoed Commissioner Flury's comments. She had confidence that Director Varney would take the right steps considering she has to deal with different variables. Commissioner Bertino wanted to make sure we could move forward with our capital projects. Vice-Mayor Jones commended Director Varney for staying on top of this issue, and agreed with her recommendation. Mayor Anton thanked Director Varney for keeping the Commission informed and for a job well done. It was the consensus of the Commission to have Director Varney proceed according to her plan. 12. Appointments There were no appointments at this meeting. 13. Administrative Reports 13.1 City Manager City Manager Pato commented on the proposed coffee bar in the Atrium. He indicated it was not economically feasible to staff it. He noted that he submitted information to the Commission on attractive vending machines for coffee and soft drinks, and would like direction on what they want. Mayor Anton thought it was a good idea to have vending machines in the Atrium, but we do not have to go overboard. He suggested placing some tables and chairs for people to sit while they wait for services. Vice-Mayor Jones agreed with the proposal. He suggested looking at a company called Gilly's because they have a variety of products and provide a coupon when the machines do not work. City Manager Pato advised that the proposed machines would be at no cost to the City, and we would receive a percentage of the revenue. He thought 2-3 machines with tables and chairs would be nice. City Manager Pato noted that if the Commission so wished he would get quotes and bring them back for consideration. Commissioner Bertino agreed to have the vending machines on a trial basis because we may have maintenance issues. Minutes of Regular Meeting 18 Dania Beach City Commission Tuesday,December 11,2007—7:00 p.m. City Manager Pato asked who would like to attend the NCLGS Conference in Phoenix, on January 4-6, 2008. He thought it was important for someone to represent the City at this Conference. The Commission generally agreed that it was not worth going to the Conference. City Manager Pato distributed a survey to the Commission. There are five questions but we can only publish three. He pointed out that we need to submit our response to the survey company tomorrow morning. It was the consensus of the Commission to keep questions #1 #2, and#3. City Manager Pato indicated that we are currently doing more projects than in the past. He asked for Commission support to increase the purchasing limit authority of the City Manager from $15,000 to $20,000. Commissioner Castro would like to have the Auditor's comments and opinion on this matter. She would also like to know the purchasing limit for City Managers in other cities similar to ours. Commissioner Flury would like to see the comparison requested by Commissioner Castro for cities with a population of 30,000 or less. She thought this matter should be listed on the agenda as a discussion item. City Manager Pato will bring the requested information forward for Commission consideration. City Manager Palo distributed a copy of the project status report to the Commission. He also indicated that Monthly Department reports are provided to the Commission. City Manager Palo noted these reports can be produced more frequently if the Commission so wished. Commissioner Castro would like to include information on Capital Improvements Projects on the City's website so the taxpayers may be informed. City Manager Pato wished everyone a Happy Holiday Season. 13.2 City Attorney City Attorney Ansbro had no comments. 13.3 City Clerk—Reminders Thursday, December 13, 2007— 5:30 p.m. 2"d Public Hearing CDBG Grant Thursday, December 13, 2007— 6:00 p.m. CRA Board Meeting Wednesday, January 2, 2008 — 6:00 p.m. CRA Board Meeting Tuesday, January 8, 2008 — 7:00 p.m. Regular City Commission Meeting Thursday, January 17, 2008 — 6:00 p.m. Abatement Hearing Minutes of Regular Meeting 19 Dania Beach City Commission Tuesday, December 11, 2007—7:00 p.m. Tuesday, January 22, 2008 —7:00 p.m. Regular City Commission Meeting 14. Adjoumment Mayor Anton adjourned the meeting at 10:20 p.m. ATTEST- CITY OF ANIA BEACH LOUISE STILSON, CMC BOB A TON CITY CLERK MAYOR-COMMISSIONER Approved: January 8, 2008 Minutes of Regular Meeting 20 Dania Beach City Commission Tuesday, December 11,2007—7:00 p.m.