HomeMy WebLinkAbout580 - MINUTES - City Commission MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
JANUARY 13, 2004
1. CALL TO ORDER:
Mayor Anton called the meeting to order at 7:00 p.m.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
* Pastor Carl Branker, True Bread Worship Center, was not in attendance to present the invocation and
Mayor Anton conducted a moment of silence.
3. ROLL CALL:
Present:
Mayor: Bob Anton
Vice-Mayor: C.K. McElyea
Commissioners: Robert Chunn
Pat Flury
Bob Mikes
City Attorney: Tom Ansbro
City Manager: Ivan Pato
City Clerk: Charlene Johnson
Mayor Anton was saddened to report that John Coleman had recently passed away. He mentioned that
4rr. Coleman was the life partner of Attorney Brenda Chalifour and that he had helped Brenda establish
he Save our Shoreline organization. Condolences were extended to the family.
Mayor Anton mentioned a recent press conference that was coordinated in a very short period of time
by many residents of the Melaleuca Gardens area on the airport expansion. He extended a special
appreciation to Beulah and Ray Lair for everything that they did to get the information out to the
residents and for all of their hard work over the years on the airport issue.
City Manager Pato reported that a Town Hall meeting was being conducted by the Broward County
Administrator on Wednesday, January 21, 2004, at 6:00 p.m. at the Wyndham-Fort Lauderdale Hotel
(formerly Hilton Hotel) at 1870 Griffin Road (1-95 and Griffin Road). City Manager Pato expected County
Administrator staff and County Aviation Division staff members to be available at the meeting to present
information and respond to questions from Dania Beach residents. He mentioned that residents need
answers on how the recent action by the County to approve the South Runway expansion alternative
will impact them and their properties in the Melaleuca Gardens area.
Commissioner Mikes mentioned that County Condemnation Attorneys have already sent out letters to
residents in the Melaleuca Gardens area even though there are no agency approvals for the South
Runway expansion. Commissioner Mikes mentioned that there are many rumors that go around and
residents need to know how they should proceed with improvements to their homes and such.
Commissioners Mikes stressed the importance of knowing how the County is going to proceed from
this point forward and that the County needs to explain how they are interpreting the Interlocal
Agreement that was approved in 1995. In addition, they need to explain any programs that may be
available for the residents. He encouraged residents to work together on this issue and urged residents
the Melaleuca Gardens area, northeast section, and anyone west of Ravenswood Road all the way.
MINUTES 1 JANUARY 13, 2004
CITY OF DANIA BEACH
to 441 to come to the meeting. He pointed out that the impact on the residential areas will be
determined by how the County decides to build the runway.
Commissioner Flury was of the opinion that representatives from Broward County Administrator staff
0-hould be at the meeting and not representatives from the Broward County Aviation Division. City
Manager Pato advised that the County Administrator was not going to be able to attend the meeting on
January 21. However, the County Administrator has agreed to send people from both his staff and the
Aviation Division to respond to resident questions and County Commissioner John Rodstrom was also
going to be in attendance.
4. PRESENTATIONS AND SPECIAL EVENT APPROVALS:
Continued from 11/12/03 Commission Meeting
4.1 Presentation of "Certificate of Appreciation" to Puerto Rican Chamber of Commerce of Broward
County. (Commissioner Chunn)
Commissioner Chunn mentioned that the City is always concerned when events of this magnitude are
conducted in the City and that the event with the Puerto Rican Chamber was very successful and
beneficial to the City. There were people from Chicago, Texas, New York and Dade and Broward
counties to show support for the event. One of the people being honored was Alanis Apato who was
inducted in the Baseball Hall of Fame and that the festival was a display of love, pride and family.
Commissioner Chunn then presented the "Certificate of Appreciation" to the Puerto Rican Chamber of
Commerce of Broward County.
Minerva Casanas-Simon , Governmental Liaison for the Puerto Rican Chamber, extended appreciation
to the City Commission for allowing the Chamber to conduct the event in the City this year. Ms.
Casanas-Simon respectfully requested that steps be taken to improve the approval process this coming
year for the event. She asked if permits for vendors and all required permits could be expedited at least
One to two months prior to the event to make things run smoother.
Frank Nieves, President of the Puerto Rican Chamber of Commerce of Broward County, thanked
Commissioner Chunn and the entire Commission for their support and advised that the next event is
scheduled October 28-31 at Boomers. He extended a welcome to the City Commission and Dania
Beach Chamber of Commerce to have their own booths at this coming year's event and stated that the
City's Centennial will be featured.
4.2 Presentation by Janet Palacino, Design and Construction Solutions, and Gary McGeddy,
Coastal Contracting Inc., of the design for the Frost Park Community Center.
Janet Palacino introduced the design-build team Bill Holt, Senior Architect for Tamara Peacock
Architects, and Gary McGeddy, President of Coastal Contracting. Ms. Palacino advised that the team
has met with staff, the Parks & Recreation Advisory Committee and twice with the community to
present information and obtain approvals for the project. She mentioned that the existing building at
Frost Park will be demolished and that a new 2000 square foot building will be constructed.
Site Plan and Construction information was presented by team members and demolition was expected
by March 15t, 2004 with an anticipated completion of the project by December 2004.
Commissioner Mikes asked that Mr. Holt enhance the architectural design on the east elevation by
adding more windows. Mr. Holt agreed to look at the possibilities.
Kristen Jones, Parks & Recreation Director, confirmed that her staff has met with the community and
farks & Recreation Board to obtain approvals. She confirmed for Commissioner Flury that the manager
r Frost Park would eventually have an office on the premises at the park.
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CITY OF DANIA BEACH
Vice-Mayor McElyea questioned whether or not the canopy was going to be added on the patio.
Director Jones advised that the cost of $75,000 was not currently in the budget and that it would have
•to be discussed for addition in next year's budget.
A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to approve the floor
plan for the Frost Park Recreational Building as presented. The motion passed on the following 5-0 roll
call vote:
Commission Chunn — yes Vice-Mayor McElyea —yes
Commissioner Flury— yes Mayor Anton — yes
Commission Mikes -- yes
4.3 Presentation by Katherine DiBona, Dania Elementary School, recognizing officers at the
Broward Sheriff's Office District 2.
Kathy Dibona, Principal of Dania Elementary School, extended recognition to numerous individuals who
helped provide toys and events for the children at Dania Elementary during the holiday season. She
thanked Commissioner Robert Chunn and Dismas House for providing toys and computers as well as
the Children's Benevolent Association members. BSO Deputy Robert Martinez, BSO Resource Officer,
for the school and Deputy Richard Tarrant and Chief Bryan Cowart were honored. Jimmy Pace was
thanked for his role as Santa Claus and Paolo's Restaurant for always providing food for events. The
City Commission was commended for their continued support and Principal DiBona thanked everyone
for providing safety, love and nurturing to the children of the community.
Kristen Jones, Director of Parks & Recreation, advised that Dania Beach was recognized recently at
the Signature Grand Hotel by Broward County for having the best After School Program through the
Children's Services Council grant. Jeff Berger was present to thank everyone for their participation and
�everal individuals were recognized for making the program successful.
ITEM 11.1 —THE PART OF 11.1 RELATING TO DANIA ELEMENTARY WAS HEARD AFTER ITEM
4.3
ITEM 11.3 WAS HEARD AFTER PRESENTATIONS:
ITEM 5.1 WAS HEARD AFTER ITEM 11.3
5. PROCLAMATIONS:
5.1 Proclamation declaring the month of January 2004, as "Broward County Multi-Ethnic
Community Month".
Mayor Anton continued the proclamation to the January 27, 2004, meeting as requested by Broward
County.
5.2 Reading of proclamation from Broward County recognizing Dania Beach's Centennial Year.
Addendum:
5.3 Reading of proclamation from City of Hallandale Beach recognizing Dania Beach's Centennial
Year.
Mayor Anton read the proclamations under 5.2 and 5.3 and commented on the success of the New
Years Centennial Event at the beach.
•
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CITY OF DANIA BEACH
6. CITIZENS' COMMENTS:
The following concerned citizens spoke from The Villas at Sheridan Ocean Club: Erico Macedo,
*regory Derk, Monica Gent, Luciana Safioti, Nancy Bebon, Robert Tinker, and Ken Johnston. The
general comments presented explained the current effects of the new construction site adjacent to their
homes, which is being built by Trafalgar Associates/Kevin Guthard. Written information was provided to
the City Commission outlining solutions for the negative impact on the community.
The general consensus of the City Commission was to have City Manager Pato, City Attorney Ansbro
and Laurence Leeds, Community Development Director, contact Broward County DEP on the damage
to the mangroves and to address the issues with Kevin Guthard and report back to the City
Commission.
i
Vito Mancino urged the City Commission to consider building the new community building at Frost Park
on the east side of the park so that the building would be entered from Fronton Boulevard and to retain
the existing building for storage needs of the City. He also expressed his concern that the street in
front of the existing park building is subject to heavy traffic and could be a concern for seniors when
they use the new facility.
Charlene Scalese came forward to urge the City to enforce policies that have been established to
protect the residents and communities in the City.
Bob Adams advised that Dr. Snipes would be the Dania Beach MLK Parade Grand Marshal, and that
the Broward County Supervisor of Elections Office was coming together better and more quickly than
originally anticipated.
Mark Latimer requested an update on the removal by the City of the derelict boat that was abandoned
Aome time ago in the Dania cut-off canal. Mayor Anton explained that Marine Patrol Officer Mike
cClofsky was working with the Fish and Game Association to declare the vessel derelict. BSO is
reviewing the options available for removal of the boat and additional time is needed to resolve the
matter.
John Etling, Main Street, reminded the public that 2004 is the City's Centennial Year and that many
events are scheduled throughout the year to honor the City's rich historical heritage.
ITEMS PULLED FROM CONSENT AGENDA: Item 7.6 WAS PULLED BY MAYOR ANTON AND CITY
ATTORNEY ANSBRO ASKED THAT 7.10 BE CONTINUED TO THE JANUARY 21, 2004, MEETING.
7. CONSENT AGENDA (INCLUDING EXPENDITURES):
7.1 Minutes:
Approval of minutes for Regular Meeting of March 25, 2003.
Approval of minutes for Regular Meeting of November 12, 2003.
Approval of minutes for Special Meeting of November 20, 2003.
Approval of minutes for Regular Meeting of November 25, 2003.
Approval of minutes for Regular Meeting of December 8, 2003.
7.2 Travel Expenditures: NONE
7.3 Bills: NONE
Oesolutions —
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CITY OF DANIA BEACH
7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER
CITY OFFICIALS TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FOR A PORTION OF STATE ROAD
022 (SHERIDAN STREET) FROM STATE ROAD 5 (US 1) EAST TO THE INTRACOASTAL
WATERWAY WITHIN THE CITY OF DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
7.5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
RELATING TO CONFIRMATION OF PAYMENT OF IMPACT FEES IMPOSED BY BROWARD
COUNTY ON PLATS IN THE AREAS OF PUBLIC SCHOOL FACILITIES, REGIONAL PARKS, AND
ROADS OR TRANSIT, PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE.
7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY
MANAGER TO PURCHASE CAPNOGRAPHY UPGRADES FOR THREE LIFEPAK 12
DEFIBRILLATOR/MONITORS FOR THE FIRE RESCUE DEPARTMENT AT A COST OF $20,649.10;
PROVIDING THAT THE EQUIPMENT COMPRISING THE UPGRADES BE PURCHASED FROM
MEDTRONIC/PHYSIO-CONTROL, A SOLE SOURCE PROVIDER, WITHOUT COMPETITIVE
BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING A THREE YEAR
AGREEMENT WITH TOSHIBA BUSINESS SOLUTIONS FOR THE LEASE OF TWO COPIERS IN AN
AMOUNT OF $547.91 PER MONTH, PLUS A BASE RATE PLAN UNDER THE MIAMI DADE
COUNTY SCHOOL BOARD BID; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
0.9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
APPOINTING THE FIRM OF MULLER AND MINTZ, P.A., AS SPECIAL CITY ATTORNIES
REPRESENTING THE CITY ON LABOR RELATED ISSUES AS DETERMINED BY THE CITY
MANAGER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.11 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE ADDITION
OF FOUR POSITION CLASSIFICATIONS TO THE CITY'S POSITION CLASSIFICATION PLAN, (
ASSISTANT FINANCE DIRECTOR; PURCHASING AND CONTRACT COORDINATOR;
ENGINEERING ASSOCIATE AND COMPLIANCE OFFICER, AS APPROVED BY THE CIVIL
SERVICE BOARD NOVEMBER 12, 2003; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
ORDINANCES -TITLE TO BE READ BY CITY ATTORNEY-
7.12 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING "VILLAS AT OAK
HAMMOCK" PLAT, SUCH PROPERTY BEING GENERALLY LOCATED AT 5353 S.W. 40TH
AVENUE, 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 "VILLAS AT OAK
HAMMOCK" PLAT; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (FIRST READING)
ADDENDUM:
13 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER
ITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE COMMUNITY BUS AGREEMENT
MINUTES 5 JANUARY 13, 2004
CITY OF DANIA BEACH
EXISTING BETWEEN THE CITY AND A-PLUS TRANSPORATION, INC. TO PROVIDE THAT THE
COMPANY WILL CONTINUE COMMUNITY BUS TRANSPORATION SERVICES FOR 90 DAYS OR
UNTIL APRIL 13, 2004; PROVIDING FOR ADDITIONAL CONSIDERATIONS OUTLINED IN THE
AMENDMENT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
�A motion was made b Commissioner Chunn, seconded b Vice-Mayor McElyea, to approve the
Y Y Y Y
Consent Agenda with the exception of items 7.6 and 7.10. The motion passed on the following 5-0 roll
call vote:
Commission Chunn — yes Vice-Mayor McElyea —yes
Commissioner Flury —yes Mayor Anton—yes
Commission Mikes -- yes
ITEMS PULLED FROM THE CONSENT AGENDA:
7.6 A) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE
PROPER CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT TO BE ENTERED INTO
BETWEEN BROWARD COUNTY AND THE CITY OF DANIA BEACH TO PROVIDE FOR THE
ACQUISITION, IMPROVEMENT, ENHANCEMENT, OPERATION AND MANAGEMENT OF GREEN
SPACE, KNOWN AS "SITE #449", LOCATED AT THE 2500 BLOCK OF SW 45T" STREET IN THE
CITY, INCLUDING ASSOCIATED DOCUMENTS RELATED TO THE AGREEMENT; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
B) A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO LAND
ACQUISITION; PROVIDING THAT THE OBLIGATIONS SET FORTH WITHIN THE CONCEPTUAL
PARK/RESOURCE MANAGEMENT PLAN WILL BE INCLUDED WITHIN THE CITY'S 5 YEAR
CAPITAL IMPROVEMENT PROGRAM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE.
Mayor Anton expressed his concern for approving the purchase of Site 449 based on staff's projections
44uat it will cost the City in excess of $50,000 a year to maintain the site and thought it might be better
siness sense to use the monies for other important projects.
Bonnie Temchuk, Assistant to the City Manager/Grants Coordinator, advised that the City must prepare
a conceptual site plan and 5-year Resource Management plan in accordance with Broward County's
Open Space and Bond Preservation Program. Ms. Temchuk projected it to cost the City $90,000 to
remove the exotic trees like the Australian Pines and to plant native plants.
Commissioner Flury stressed the importance of preserving open space and to utilize the County's Bond
program. She disagreed with staff on the projected costs to maintain this 4.5 acre site. She pointed out
that simple matters like what kind of fertilizers to use should be something that the City's Public
Services Department could handle and that the maintenance costs were over exaggerated.
Commissioner Mikes felt that the parcel has potential to be a waterfront park and should be preserved.
Commissioner Chunn stressed the importance of protecting wildlife and supported the property
acquisition.
Vice-Mayor McElyea supported the preservation of the parcel.
Bonnie Temchuk advised that a consultant would have to be hired to prepare the conceptual site plan
and resource plan and agreed to check into other funding sources that might be available to aide in the
development of the site.
AWayor Anton asked that staff check with the Audubon Society and clarified that he is not against the
ite, however, his biggest concern was the cost of maintenance.
MINUTES 6 JANUARY 13, 2004
CITY OF DANIA BEACH
A motion was made by Commissioner Chunn, seconded by Commissioner Mikes, to adopt Resolutions
for Item 7.6 A and B with the understanding that staff would look into other funding alternatives for the
.site. The motion passed on the following 5-0 roll call vote:
Commission Chunn— yes Vice-Mayor McElyea —yes
Commissioner Flury—yes Mayor Anton —yes
Commission Mikes -- yes
7.10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE REAL ESTATE LEASE AGREEMENT BETWEEN FLORIDA EAST COAST
RAILWAY, L.L.C. AND THE CITY OF DANIA BEACH FOR 430-FOOT PARALLEL ENCROACHMENT
OF SEWER MAIN; AUTHORIZING THE APPROVAL OF THE ANNUAL RENTAL FEE OF $1,505.00;
PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
ITEM 7,10 CONTINUED TO JANUARY 21, 2004, MEETING.
8. BIDS AND REQUESTS FOR PROPOSALS: NONE
9. PUBLIC HEARINGS AND SITE PLANS:
9.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 25,
"TRAFFIC", OF THE CITY CODE OF ORDINANCES BY AMENDING SECTION 25-79, "FINES", TO
INCREASE THE SUCH FINES FOR VIOLATIONS PURSUANT TO SECTION 25-79; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (SECOND READING)
City Attorney Ansbro read the title of the Ordinance for second reading.
emayor Anton opened the public hearing. Hearing no one speak in favor or opposition, Mayor Anton
closed the public hearing.
A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt the
Ordinance on second reading. The motion passed on the following 4-0 roll call vote:
Commission Chunn —yes Vice-Mayor McElyea — yes
Commissioner Flury— yes Mayor Anton —yes
Commission Mikes —out of the room
9.2 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING ARTICLE VI,
SECTION 23-66 "REQUESTS FOR INFORMATION CONCERNING OUTSTANDING CITY LIENS" OF
CHAPTER 23 OF THE CODE OF ORDINANCES TO INCREASE THE LIEN INQUIRY FEE TO $50.00
PER , PROPERTY FOLIO NUMBER; PROVIDING THAT THE ADDITIONAL CHARGE FOR
REQUESTS INVOLVING MORE THAN ONE (1) HOUR OF CLERICAL TIME SHALL ALSO BE
INCREASED TO $50.00; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of the Ordinance for second reading.
Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, Mayor Anton
closed the public hearing.
0 motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt the
rdinance on second reading. The motion passed on the following 4-0 roll call vote:
MINUTES 7 JANUARY 13, 2004
CITY OF DANIA BEACH
Commission Chunn — yes Vice-Mayor McElyea — yes
Commissioner Flury— yes Mayor Anton — yes
Commission Mikes — out of the room
®9.3 AN ORDINANCE OF THE CITY OF DANIA BEACH FLORIDA AMENDING ARTICLE 1
CHAPTER 2 OF THE CITY CODE OF ORDINANCES, BY ADDING SECTION 2-1.4 TO ESTABLISH A
$100.00 LOBBYIST REGISTRATION FEE; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of the Ordinance for second reading.
Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, Mayor Anton
closed the public hearing.
A motion was made by Commissioner Chunn, seconded by Vice Mayor McElyea, to adopt the
Ordinance on second reading. The motion passed on the following 4-0 roll call vote:
Commission Chunn —yes Vice-Mayor McElyea — yes
Commissioner Flury— yes Mayor Anton —yes
Commission Mikes —out of the room
9.4 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING CHAPTER 28
"ZONING," ARTICLE 2 "DEFINITIONS" OF THE CITY CODE OF ORDINANCES TO DEFINE LARGE
RETAIL ESTABLISHMENTS; AND AMENDING ARTICLE 6 "SUPPLEMENTARY USE
REGULATIONS," SECTION 6.60 "MISCELLANEOUS USES" OF THE CITY CODE OF ORDINANCES,
TO PROVIDE NEW DESIGN AND SITE DEVELOPMENT REGULATIONS FOR SUCH
ESTABLISHMENTS IF LOCATED WITHIN THE NEW LOCAL ACTIVITY CENTER (LAC) LAND USE
ESIGNATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
ROVIDING FOR AN EFFECTIVE DATE. (SECOND READING)
City Attorney Ansbro read the title of the Ordinance for second reading.
Laurence Leeds, Community Development Director, explained that the ordinance establishes
supplementary design and site development regulations for large retail establishments permitted within
the Local Activity Center (LAC) land use designation. These specific amendments do not apply to a
building occupied by mixed use retail/residential when the residential dwellings occupy at least 60% of
the total building floor area. Mixed-use buildings in the LAC will continue to be regulated by Principal
Arterial Design Standards when located adjacent to Dania Beach Boulevard or US#1.
Mayor Anton opened the public hearing.
John Etling supported the ordinance and mentioned that it is consistent with the CRA Plan.
Hearing no further comments, Mayor Anton closed the public hearing.
A motion was made by Commissioner Chunn, seconded by Commissioner Mikes, to adopt the
Ordinance on second reading. The motion passed on the following 5/0 roll call vote:
Commission Chunn —yes Vice-Mayor McElyea— yes
Commissioner Flury— yes Mayor Anton —yes
Commission Mikes — yes
10.5 VC-29-03- Request by Edward P. Plosky, Craven Thompson & Associates, Inc., representing
MINUTES 8 JANUARY 13, 2004
CITY OF DANIA BEACH
Dania Distribution Centre, to release easements establishing a right turn lane and corner cord on Dania
Beach Boulevard for property located at the southwest corner of Dania Beach Boulevard and SW 12tn
Avenue Extended.
0 RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RELEASING THE EASEMENTS
ACCEPTED BY RESOLUTION NO. 2003-225, DANIA. DISTRIBUTION CENTRE, LTD., A FLORIDA
LIMITED PARTNERSHIP FOR PROPERTY LOCATED BETWEEN WEST DANIA BEACH
BOULEVARD AND SW 1ST STREET; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT WITH THIS RESOLUTION ARE REPEALED TO THE EXTENT OF
SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of the resolution.
Laurence Leeds, Community Development Director, explained that the City Commission had approved
the dedication of a right-turn lane and corner cord for the Dania Distribution project on September 23,
2003. The applicant indicated the dedication was initially necessary in order to obtain county plat
approval, plat approval is a prerequisite to obtaining permits to commence construction. Mr. Leeds
further explained that because the easements are of no use to the City, and since they lead to a street
that does not exist (SW 12th Avenue between SW 1st Street and Dania Beach Boulevard), the applicant
is requesting the City unilaterally release the easements. Staff had no objection.
Mayor Anton opened the public hearing.
Ed Plosky, Craven Thompson, representing Dania Distribution Centre, presented a site plan and
advised that the plat was recorded. He requested that the City Commission release the right-of-way
easements.
Hearing no further comments, Mayor Anton closed the public hearing.
0 motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt the
Resolution approving VC-29-03 for Dania Distribution Centre. The motion passed on the following 5/0
roll call vote:
Commission Chunn — yes Vice-Mayor McElyea—yes
Commissioner Flury— yes Mayor Anton — yes
Commission Mikes —yes
9.6 SE-19-03 — Bonnie Miskel, Ruden, McClosky, representing Robert Fileni (Inter-Pro Group Inc.)
is requesting a six month extension of a previously approved Special Exception for Multi-Family Mixed
Use, including the allocation of up to 300 flexibility units. Property located at the northeast corner of US
1 and Dania Beach Boulevard along with the property located between NE 1st Avenue and NE 1st Court
on the north side of Dania Beach Boulevard.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST
SUBMITTED BY BONNIE MISKEL, OF RUDEN-MCCLOSKY, REPRESENTING ROBERT FILENI
(INTER-PRO INVESTMENT GROUP INC.), REQUESTING A SIX MONTH EXTENSION OF THE
PREVIOUSLY APPROVED SPECIAL EXCEPTION (SE-19-03 APPROVED BY RESOLUTION 2003-
140) ASSIGNING UP TO 300 FLEXIBILITY UNITS TO CONSTRUCT A 300 UNIT. MULTI-FAMILY
MIXED USE DEVELOPMENT AT THE NORTHEAST CORNER OF US 1 AND DANIA BEACH
BOULEVARD ALONG WITH THE PROPERTY LOCATED BETWEEN NE 1 ST AVENUE AND NE 1 ST
COURT ON THE NORTH SIDE OF DANIA BEACH BOULEVARD; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
Istaff recommends this item be continued to the January 27, 2004 City Commission meeting (date
MINUTES 9 JANUARY 13, 2004
CITY OF DANIA BEACH
certain) to allow staff additional time to review the request.
A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to continue SE-19-03
4o January 27, 2004, regular meeting. The motion passed on the following 5/0 roll call vote:
Commission Chunn — yes Vice-Mayor McElyea— yes
Commissioner Flury—yes Mayor Anton —yes
Commission Mikes —yes
10. COMMISSION COMMENTS:
10.1 Commissioner Chunn thanked everyone for their kindness to the children over the holidays.
10.2 Commissioner Flury—no comments
10.3 Commissioner Mikes commended the committee members for conducting a well-organized and
successful Centennial Kick Off held on December 31 at the beach.
Commissioner Mikes asked that the City Manager provide handouts for people notifying them of the
upcoming airport issue meeting on January 21 at the Hilton Hotel and was hopeful that the meeting
would be beneficial to the residents. Commissioner Mikes pointed out that Dania Beach has been
impacted worst than any other city due to a loss of lands as a result of the expansion of the airport.
Commissioner Flury mentioned again that she thought it would be a waste of time for FAA to attend the
meeting because they only know where the planes will land and that County representatives would be
better able to respond to the residents concerns. Commissioner Mikes thought that both the FAA and
County representatives are needed at the meeting.
*0.4 Vice-Mayor McElyea complimented Commissioner Flury for her efforts on the Centennial
ommittee and for the recently distributed calendar showing some of the City's highlights.
10.5 Mayor Anton mentioned a meeting that he has scheduled tomorrow night at City Hall for rumor
control and wanted to encourage residents to attend. He mentioned his disappointment with the
coverage provided by the Sun Sentinel on the recent airport issues.
11. DISCUSSION AND POSSIBLE ACTION:
Part of 11.1 was heard after Item 4.3.
11.1 Request by Kurt Ely, Chairman of I.T. Parker Community Center Board, to update Commission
on board issues and to discuss the possibility of increasing fees to use the community center.
Kurt Ely explained that the I.T. Parker Board approved Dania Elementary's use of the I.T. Parker
Community Center for January 31 at no charge.
A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to waive the fees for
Dania Elementary to use the I.T. Parker Center on January 31 for the Red Hot Ball. The motion passed
on the following 5-0 roll call vote:
Commission Chunn — yes Vice-Mayor McElyea —yes
Commissioner Flury— yes Mayor Anton — yes
Commission Mikes --yes
�fter Commission Comments, Kurt Ely continued his presentation on increasing the operational use
es at the I.T. Parker Center. He thanked Director Patty Varney for spending the time to determine a
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CITY OF DANIA BEACH
3% CPI increase on the rates, which have not been increased since 1988. Mr. Ely explained that the
proposed rate increases would not be forced on events that are already booked for the year and that an
effective date would have to be established for the new rates.
Wommissioner Flury confirmed with Director Varney that the rate increases would cover the costs of
operations at the center and Director Varney indicated that she had determined an average cost for
each rate. Commissioner Flury suggested that the senior citizens group that currently meets at the I.T.
Parker center be moved over to the new Frost Park building once the new facility is built.
Kristen Jones, Parks & Recreation Director, mentioned that the seniors like it at I.T. Parker Community
Center, however, she was willing to encourage the seniors to use the Frost Park facility since it will be
new and very nice.
Commissioner Mikes preferred to leave the seniors meeting at the I.T. Parker Center and commented
on the importance of retaining the center as a community facility for the public. He mentioned that the
profit is with the Harbour Towne lease and that he did not want to see the community center used for
something other than its intended use for the public.
Kurt Ely mentioned that there are many other things that need to be addressed for the center by the
board members. He agreed that there continues to be the problem of residents renting the facility at the
resident rate for people who live outside the city limits. He thought it might help to require residents to
provide a drivers license and tax bill to prove their address in Dania Beach in order to use the facility.
City Attorney Ansbro agreed to bring back a resolution establishing the new rates at the next meeting
and mentioned that he would work with Director Varney on confirming the dollar amounts for the rates.
11.2 Discussion of establishing procedures for giving out Keys to the City. (Mayor Anton)
rayor Anton mentioned that he was recently asked by a resident to present Keys to the City and that
his prompted his desire to discuss establishing procedures for the award. It was his opinion that the
Keys to the City should be given out for meaningful purposes as they are an expression of the City. He
felt that a majority consensus of the City Commissioners should be conducted by the City Clerk on
these requests before Keys are given out.
Commissioner Mikes mentioned that he gave out Keys to the City when he was Mayor to military
personnel for the Gulf War and agreed that a policy should be established.
Commissioner Flury agreed that a procedure is in order.
Vice Mayor McElyea mentioned that he had the opportunity to present Keys to cities from other
countries years ago and thought that was appropriate and that it would be a good idea to present Keys
to the City for the Sister City Program should the Commission decide to go to Denmark.
ITEM #12 WAS HEARD AFTER ITEM 11.2.
ITEM 11.3 WAS HEARD AFTER PRESENTATIONS:
11.3 Discussion of the "McTutor" Program. (Mayor Anton)
Mayor Anton explained that he is asking for approval of a Hold Harmless Agreement and Contract with
Dania Elementary to provide a teacher for the "McTutor" program. Mayor Anton advised that BSO is
going to pay for the cost of the teacher for a period of nine weeks starting January 26, 2004. This After
School Program will be in partnership with the City, McDonalds, BSO, and the Turn Around Dania
Oeach group. Mayor Anton advised that the City will be providing some in-kind services through the use
f the community bus service. Mayor Anton advised that the focus of the program will be geared
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CITY OF DANIA BEACH
towards children who are "at-risk" and that criteria for academics, behavioral and health maintenance,
and gang and drug prevention will be included.
gomissioner Flury mentioned that Dr. Greenstein came up with the idea for the tutoring program and
oughtm it would be a great program with the assistance of Dania Elementary and McDonalds
Restaurant.
A motion was made by Commissioner Chunn, seconded by Commissioner Mikes, to approve a contract
with Dania Elementary for the "McTutor" program. The motion passed on the following 5-0 roll call
vote:
Commission Chunn — yes Vice-Mayor McElyea — yes
Commissioner Flury—yes Mayor Anton —yes
Commission Mikes -- yes
ITEM 5.1 WAS HEARD AFTER ITEM 11.3
ITEM #12 WAS HEARD AFTER ITEM 11.2.
12. APPOINTMENTS: (NO APPOINTMENTS WERE MADE)
12.1 Appointment of 1 Citizen Alternate member to the Civil Service Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE
(1) CITIZEN ALTERNATE MEMBER TO THE CIVIL SERVICE BOARD; PROVIDING THAT SAID MEMBER SHALL
COMPLETE A FOUR (4) YEAR TERM EXPIRING APRIL 1, 2004; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE."
12.2 Appointment of 1 Alternate member to the Code Enforcement Board.
RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE
(1) ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD; PROVIDING THAT SAID MEMBER SHALL
COMPLETE A THREE (3) YEAR TERM EXPIRING SEPTEMBER 7, 2004; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE."
12.3 Appointment of 1 member to the Marine Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE
(1) MEMBER TO THE "MARINE ADVISORY BOARD"; PROVIDING THAT SAID MEMBER SHALL SERVE A TWO (2) YEAR
TERM EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE".
12.4 Appointment of 1 member to the Parks, Recreation & Community Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A
MEMBER TO THE "PARKS, RECREATION & COMMUNITY ADVISORY BOARD"; PROVIDING THAT SAID MEMBER
SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE".
12.5 Appointment of 1 member to the Police & Fire Pension Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE
(1) MEMBER TO THE "POLICE& FIRE PENSION BOARD"; PROVIDING THAT SAID MEMBER SHALL COMPLETE A TWO
(2) YEAR TERM EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE".
Commissioner Flury advised that Robert "Bo" Donly had resigned from the Police & Fire Pension Board
�is past year and that he was willing to go back on the board and complete the term through 2005.
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CITY OF DANIA BEACH
Commissioner Mikes was of the opinion that new people should be appointed on this board and
recommended a continuance for this board appointment until the January 27 meeting.
W-6 Appointment by Commission of a member for R/E Property Manager position on the Unsafe
Structures Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A
MEMBER TO THE REAL ESTATE PROPERTY MANAGER POSITION TO THE UNSAFE STRUCTURES BOARD;
PROVIDING THAT THIS MEMBER SHALL SERVE A THREE (3)YEAR TERM BEGINNING MARCH 12, 2003, AND ENDING
MARCH 11, 2006; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE."
13. ADMINISTRATIVE REPORTS:
13.1 City Manager— No comments
13.2 City Attorney Ansbro stated that an Attorney/Client Closed Session would be held on January
27 at 6:30 p.m. regarding the ADA law suit.
City Attorney Ansbro advised that Graves Museum is not paying their water bill and that he is not
getting a return call from the attorneys who represent the museum. City Attorney Ansbro advised that
he would proceed to file a motion in bankruptcy court to pay the water bill. The City Commission
generally agreed that the water should be turned off and that they were sorry to see the museum leave
the City.
13.3 City Clerk— Meeting Reminder:
January 15, 2004 @ 6:00 p.m.— Special Meeting (Abatements)
• CANCELLED January 15, 2004. —Charter Review Board Meeting
January 27, 2004 @ 7:00 p.m. — Regular City Commission Meeting
14. ADJOURNMENT
This meeting was adjourned at 10:02 p.m.
OBERT NTO
MAYOR-COMMI SIONER
ATT ST:
MIRIA NASSER
ACTING CITY CLERK
APPROVED: January 27, 2004
•
MINUTES 13 JANUARY 13, 2004
CITY OF DANIA BEACH