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HomeMy WebLinkAbout586 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING FEBRUARY 24, 2004 1. CALL TO ORDER: Mayor Anton called the meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Rev. Mario Cinelli, Lighthouse Community Church 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 Acting City Clerk: Miriam Nasser 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 4.1 Request by Al Behrendt, to hold the Dania Marine Flea Market Special Event at the Dania Jai Alai Fronton parking lot from April 15 through 18, 2004. Laurence Leeds, Director of Community Development, presented the request for this annual, four-day event. Director Leeds noted that no evening entertainment was scheduled and outlined the parking plan. A motion was made by Vice-Mayor McElyea, seconded by Commissioner Chunn, to approve Item 4.1. Commissioner Mikes confirmed that the petitioner had provided booth space for the City of Dania Beach. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury —yes Mayor Anton —yes Commissioner Mikes—yes 4.2 Rawleigh Flowers recognized as "Crossing Guard of the Month". (Mary McDonald, Director of Human Resources). MINUTES 1 FEBRUARY 24, 2004 CITY OF DANIA BEACH Mary McDonald, Director of Human Resources, announced the excellent employee �. performance of Crossing Guard Rawleigh Flowers and presented him with an "Employee if the Month" T-Shirt. 5. PROCLAMATIONS: NONE Mayor Anton noted some errors that were made in last month's Black History Month Proclamation and announced that those errors had been corrected and posted. He took full responsibility and apologized for the problem. 6. CITIZENS' COMMENTS: 6.1 Susan Hansford, 206 SW 3rd Street, reported on the continual problems she has had with the accounting office in the water department. She also complained about not being able to retrieve her $150 deposit because of these errors on the City's part and wanted to have the option of having her bill paid directly from her checking account. City Manager Pato agreed to meet with her and address the problems. 6.2 George Jason, 4549 SW 37th Avenue, congratulated the City on the new flag and requested that the City issue the promised $5,000 to the Main Street Project for the upcoming Tomato Festival. He requested community involvement in the festivities. City Manager Pato stated that the money would be issued as soon as it was requested and assured all it would not be delayed. 6.3 " Larry Leachman, 922 S. Federal Highway Lot A-17, felt that the safety of Dania residents had been compromised by speeding traffic at the intersection of Dixie Highway and SW 2 d Avenue. He reported that there were no speed or traffic signs near the Maritime Training Center or in front of the cemetery. He was not aware of any flashing yellow lights or regular radar patrol enforcement in that area, particularly on Friday and Saturday evenings. In response to Mayor Anton's request to have the issue looked at, Chief Cowart explained the traffic study would specifically address that area and stated that a motor unit routinely targets that area. 6.4 George Tavares, the Atlantic Marina Mobile Home Park at 1541 Old Griffin Road, felt that supplemental parking of motor homes needed to be provided. Peter Gustafson, Adventura resident and manager of Atlantic Marina at 1541 Old Griffin Road, stated that Broward County and the Health Department had questioned them regarding where RV residents were dumping their holding tanks and explained that facilities were available at parks for people to dump their tanks. He noted that the Health Department's inspection had revealed no health issues and that a permit and necessary paperwork had been submitted. He noted that the RV Park on the property was temporary. Tim Banse, columnist for Motor Boating Magazine, stated that he liked the Atlantic Marina and was initially concerned about them allowing RV's there. He noted that during February, March, and April, County Parks were fully booked and there were no spaces available for these RVs. • Mr. Banse felt that the people at the marina should be applauded for their attempts to address MINUTES 2 FEBRUARY 24, 2004 CITY OF DANIA BEACH the RV parking problem and having provided a solution. He reported on the safe, clean environment that existed at the Park. Bayard Spector, owner of Atlantic Village Marina, appreciated the attention by the commission to hear the plans that were being proposed by the Marina. He stated that they had been working with the City since June 2003 on a site plan for the 9.2 acres of land. He explained that the front 6.3 acres had been donated to the Angel Organization and explained how they had provided temporary space for 25 families to park until the campgrounds could accommodate them. He explained that it was an unexpected use and the Park was working with Broward County to provide clean, safe places for campers. Lawrence Leeds, Director of Community Development, stated that the area was not zoned for a campground and that Planning and Zoning received complaints about it. He noted that camping was not allowed and that Mr. Spector had until next week to have the RVs and tractor-trailers relocated. Director Leeds noted that the occupational license by Broward County did not supply zoning approval and that only Dania Beach supplied zoning approval for that area. He thought it was commendable that the applicant desired to help these people, but felt that the City had no choice but to have code enforcement action taken if the vehicles were not removed. In response to Commissioner Chunn's question, Director Leeds stated that the City of Dania Beach was not evicting anyone, but were citing the owner for property violations. In response to Commissioner Chunn's question concerning the time of relocation, Mr. Spector stated would take about eight weeks. • Commissioner Flury felt the RV residents only had to put their vehicle in gear and drive away and felt that it was inappropriate to turn a marina into an RV park. Mayor Anton noted that no action would be taken because this was not an agenda item. ITEMS PULLED FROM THE CONSENT AGENDA: CITY MANAGER PATO PULLED ITEM 7.11 FOR CLARIFICATION, COMMISSIONER MIKES PULLED ITEM 7.7, STAFF PULLED 7.13 FOR CONTINUANCE, AND COMMISSIONER FLU_RY PULLED 7.9. 7. CONSENT AGENDA (INCLUDING EXPENDITURES): 7.1 Minutes: - Approval of minutes for Special Meeting of January 15, 2004 - Approval of minutes for Regular Meeting of December 8, 2003 - Approval of minutes for Special Meeting of December 3, 2003 - Approval of minutes for Regular Meeting of September 23, 2003 Approval of minutes for Workshop Meeting of September 17, 2003 7.2 Travel Expenditures: NONE 7.3 Bills: NONE • Resolutions — MINUTES 3 FEBRUARY 24, 2004 CITY OF DANIA BEACH 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A FIRST AMENDMENT TO AN INTERLOCAL AGREEMENT EXISTING BETWEEN THE CITY AND BROWARD COUNTY, RELATING TO THE SHORE PROTECTION PROJECT (BEACH RE- NOURISHMENT COST SHARING AGREEMENT); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA ADOPTING THE ICMA SECTION 401(A) PROFIT SHARING PLAN FOR THE PENSION BENEFITS OF THE CITY MANAGER, PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, ACCEPTING AND APPROVING THAT CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY LEGALLY DESCRIBED AS LOTS 5, 6, 7, 8, 9, AND 10, OF MCKENZIE EYSTER ADDITION, AS RECORDED IN PLAT BOOK 8, PAGE 9, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA; BY BETWEEN ARNOLD NEARN, AS BUYER, AND THE CITY OF DANIA BEACH, AS SELLER, FOR A SALES PRICE OF $140,000; PROVIDING FOR PAYMENT BY THE CITY OF DANIA BEACH IN AN AMOUNT NOT TO EXCEED $3,265 TO COASTAL SCIENCE ASSOCIATES FOR SOIL/WATER REMOVAL AND BACKFILL ON THE SUBJECT PROPERTY; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. 7.8 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 SUMMER PROGRAM CHALLENGE 2004 GRANT PROGRAM, PERTAINING TO A PROPOSED AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE GRANT AWARD, TO PROVIDE SUMMER CAMP PROGRAM STAFFING SERVICES, INCLUDING, BUT NOT LIMITED TO ADVERTISING, INTERVIEWING, PROVIDING REQUIRED SCREENING AND TESTING SERVICES, AND REPLACEMENT OF CANDIDATES, UNDER THE SUPERVISION OF THE CITY OF DANIA BEACH PARKS AND RECREATION DEPARTMENT; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH AFTER SCHOOL PROGRAMS, INC., WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH BANK MINUTES 4 FEBRUARY 24, 2004 CITY OF DANIA BEACH OF AMERICA (OR ALTERNATIVELY, COMMUNITY BANK) UNDER THE a FLORIDA LEAGUE OF CITIES MASTER LEASE PURCHASE PROGRAM FOR THE FUNDING OF CAPITAL ITEMS NOT TO EXCEED $547,856 AS INDICATED IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.12 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AMENDMENT TO RESOLUTION NO. 2002-066 ADOPTED MAY 14, 2002, TO AMEND THE SITE PLAN REQUEST AND VARIANCE REACTIVATION FOR THE "HILTON GARDENS INN", SUBMITTED BY ROBERT I. MACLAREN OF OSBORNE & OSBORNE, PA, REPRESENTING NICK ECONOMOS, OWNER, CO-ED-ECONOMOS PROPERTIES, INC. OWNER OF PROPERTY LOCATED NORTH OF STIRLING ROAD, ON THE EAST SIDE OF SW 18T" AVENUE AND SOUTH OF SW 1ST STREET (80 SW 18T" AVENUE), DANIA BEACH SUCH AMENDMENT PERTAINING TO SALES OF ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION BY HOTEL PATRONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES —TITLE TO BE READ BY CITY ATTORNEY — 7.14 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY CHARLES PUTMAN & ASSOCIATES, ON BEHALF OF BARRY N. MORRIS C/O OCEAN DEVELOPMENT, LLC, FOR • PROPERTY LOCATED ON THE NORTH SIDE OF DANIA BEACH BOULEVARD APPROXIMATELY 300 FEET EAST OF THE MOTEL SIX, IN THE CITY OF 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 C-2 (COMMERCIAL) AND RM (MULTI-FAMILY) TO RM-2 (MULTI-FAMILY); SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.(FIRST READING) City Attorney Ansbro read the Ordinance title for Item 7.14 A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to approve the Consent Agenda with the exception of Items 7.7. 7.9, 7.11, and 7.13. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury —yes Mayor Anton — yes Commissioner Mikes —yes ITEMS PULLED FROM THE CONSENT AGENDA 7.7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN EASEMENT AGREEMENT AND A SERVICE AGREEMENT • WITH AES OCEAN EXPRESS, L.LC., SUBJECT TO CERTAIN TERMS AND MINUTES 5 FEBRUARY 24, 2004 CITY OF DANIA BEACH CONDITIONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR i AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. In response to Commissioner Mikes' question concerning changes in the agreement, City Attorney Ansbro stated that changes in the service agreement dealt with a clarification that the City inspections would be performed twice a month instead of once a month. He clarified that the rest of the changes dealt with the Company's legal name, technicalities of default vs. non- performance, and that the wording had been fine-tuned. Commissioner Mikes was concerned about the liability of the City providing an inspection service while payments were accepted from the Company and wanted citizens to understand nothing had been overlooked. City Attorney Ansbro stated that the agreement protected the City against liability and that there were no conflicts with insurance. Commissioner Mikes wanted citizens to understand that the City had no authority to stop the pipeline and that the company had voluntarily entered agreements with the City. Mayor Anton clarified that this agreement allowed City personnel to conduct inspections, as opposed to, people controlled by AES. City Attorney Ansbro reiterated that the City would be indemnified should any inspection • mistakes occur and this was strictly an inspection agreement between the City and AES. A motion was made by Commissioner Chunn, seconded by Commissioner Mikes, to adopt the Resolution. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury —yes Mayor Anton —yes Commissioner Mikes —yes 7.9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING SECURITY MEASURES FOR CITY HALL PERSONNEL AREAS; IMPOSING A REQUIREMENT FOR "SIGN-IN MEASURES" FOR VISITORS TO CITY HALL, WHICH WILL INCLUDE VISITOR'S SIGNATURE, IDENTIFICATION OF PERSON(S) TO BE SEEN AND A BRIEF STATEMENT OF THE REASON(S) FOR THE VISIT; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Commissioner Flury felt it was important to pull the item so that the new procedure could be outlined for the public. City Manager Pato explained that proper security had risen to higher levels since 9/11/01 and • the City had not taken adequate steps to protect employees from unauthorized entry. He explained the there had been a casual atmosphere where people were able to come and go as MINUTES 6 FEBRUARY 24, 2004 CITY OF DANIA BEACH they pleased. He also noted that the City addressed several ADA issues and there had recently been some incidents that warranted changes. He explained that the City was initiating a sign-in process which included an identification check and that each visitor would be issued a pass. He stated that authorized personnel were exempted from the process. Commissioner Mikes felt that security measures needed and thought it would move City Hall toward a more professional and efficient atmosphere. Vice-Mayor McElyea agreed it was a very good idea. A motion was made by Commissioner Flury, seconded by Vice-Mayor McElyea, to adopt the Resolution. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury —yes Mayor Anton —yes Commissioner Mikes —yes 7.11 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AMENDMENT TO RESOLUTION NO. 2002-094 ADOPTED JUNE 25, 2002, TO AMEND THE SITE PLAN REQUEST ORIGINALLY SUBMITTED BY.GUNSTER- YOAKLEY & STEWART, P.A., FOR THE COURTYARD BY MARRIOTT HOTEL, FOR PROPERTY LOCATED NORTH OF THE BASS PRO SHOPS, 200-220 GULFSTREAM WAY AND THE IGFA MUSEUM, 230 GULFSTREAM WAY, DANIA BEACH, SUCH AMENDMENT PERTAINING TO SALES OF • ALCOHOLIC BEVERAGES FOR ON-PREMISES CONSUMPTION BY HOTEL PATRONS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Lawrence Leeds, Director of Community Development, clarified that this Resolution addressed a 4COP license, not a 2COP license as stated in the staff report. A motion was made by Commissioner Flury, seconded by Vice-Mayor McElyea, to adopt the Resolution. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury —yes Mayor Anton —yes Commissioner Mikes—yes 7.13 MOTION TO APPROVE SCHEMATIC DESIGN PLANS OF PIER RESTAURANT. • MINUTES 7 FEBRUARY 24, 2004 CITY OF DANIA BEACH A motion was made by Vice-Mayor McElyea, seconded by Commissioner Flury, to continue Item 7.13 to the March 9, 2004 Commission Meeting as requested by staff. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury —yes Mayor Anton—yes Commissioner Mikes —yes 8. BIDS AND REQUESTS FOR PROPOSALS: 8.1 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 29TH YEAR NORTHWEST IMPROVMENTS DESIGN/BUILD CONTRACT WITH TENEX ENTERPRISES, INC. AND CHEN AND ASSOCIATES IN THE AMOUNT OF $184,428.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Bonnie Temchuk, Assistant to the City Manager, explained that the City had advertised twice for this project and had accepted sealed bids on January 29, 2004. Assistant Temchuk stated that the Selection Committee consisting of Leo Williams, Corrine Church, and herself received two submittals. She reported that after a review was conducted and presentations were heard, they • had ranked the proposals based on technical proposal, aesthetics, firm qualifications/ references, and project costs. She explained that although the bid from Chen & Associates and Tenex was slightly higher, staff recommended approval of their bid based on their experience of traffic calming, road improvements, and past experience with CDBG projects. In response to Commissioner Flury's question, Assistant Temchuk stated that all of the sidewalks around "C.W. Thomas" Park would be repaired or replaced as needed, additional street and security lighting would be installed on NW 8ch Avenue and within the park, an additional parking space across from the BSO substation would be provided, and NW 8`h Avenue would be converted to one-way only. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the Resolution. The motion passed on the following 4-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury —yes Mayor Anton —yes Commissioner Mikes— out of room 8.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 29T" YEAR ARCHITECTURAL AND DESIGN SERVICES FOR THE NORTHWEST COMMUNITY OUTREACH CENTER WITH MCHARRY ASSOCIATES IN THE AMOUNT OF $75,000.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE • DATE. MINUTES 8 FEBRUARY 24, 2004 CITY OF DANIA BEACH City Attorney Ansbro read the title of the Resolution. Bonnie Temchuk, Assistant to the City Manager, explained that the City had advertised twice for this project and had accepted sealed bids on January 20, 2004. Assistant Temchuk stated that the Selection Committee consisting of Ken Cook, Kathy VanNoorden, and herself received three submittals and had ranked the proposals based on capability, project understanding, time frame, submittal, references, and qualifications. She stated MCHarry Associates ranked extremely high and demonstrated the best understanding of the needs of both the City and the Community. She noted that their time frame was very realistic and they demonstrated the ability to perform the work. A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to adopt the Resolution. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury —yes Mayor Anton —yes Commissioner Mikes—yes 9. PUBLIC HEARINGS AND SITE PLANS: 9.1 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING EXECUTION OF AN AMENDMENT TO A LEASE AGREEMENT EXISTING BETWEEN THE CITY AND DANIA BEACH GRILL, INC., COVERING THE PROPERTY KNOWN AS DANIA BEACH GRILL AND MORE PARTICULARLY DESCRIBED IN THE LEASE; AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE LEASE BY THE APPROPRIATE CITY OFFICIALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (SECOND READING) Mayor Anton opened the public hearing. Hearing no one speak in favor or opposition, Mayor Anton closed the public hearing. In response to Vice-Mayor McElyea's question concerning requested changes, City Attorney Ansbro stated that they had added the tenants right of first refusal and had made a clarification that any change in ownership of the corporation of more than 51% required Commission approval. A motion was made by Vice-Mayor McElyea, seconded by Commissioner. Chunn, to adopt the Ordinance on second reading. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury —yes Mayor Anton —yes Commissioner Mikes—yes Continued from 01/27/04 Commission Meeting 9.2 VA-82-03- Request by Shelley Eichner, Calvin Giordano & Associates, Inc., representing NAC Investors, LLC, for a variance to allow an entry wall sign MINUTES- 9 FEBRUARY 24, 2004 CITY OF DANIA BEACH approximately 10 feet high (8 feet allowed) for property located on the west side of • Ravenswood Road at Gulfstream Way (Griffin Lakes). A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING A VARIANCE FOR WALL SIGN AS SUBMITTED BY SHELLEY EICHNER OF CALVIN GIORDANO AND ASSOCIATES REPRESENTING NAC INVESTORS, LLC, FROM CHAPTER 28, ZONING, ARTICLE 28.095, FOR PROPERTY GENERALLY LOCATED AT THE "VILLAS AT HARBOR ISLES" ON THE WEST SIDE OF RAVENSWOOD ROAD AT GULFSTREAM WAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. At this time, City Attorney Ansbro advised that this application under the Public Hearing section was a Quasi-judicial matter and that all witnesses wishing to speak must be sworn in and that the City Commission, in accordance with the Jennings Ruling, must report all communications. City Attorney Ansbro presented an Oath to everyone who expected to speak on the request. City Attorney Ansbro read the title of the Resolution. Corinne Church, Principal City Planner, presented the project and explained the purpose of the variance request concerned an elevation issue. She described the proposed entrance wall sign that would be located on Ravenswood Road and noted that the applicant had proposed landscaping with trees and flowering plants around the sign and included a decorative iron piece. She explained the applicant needed a variance that allowed the 10-foot structure that the sign would be mounted on and reported the current code allowed 8 feet. She stated that staff recommended approval. 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 Vice-Mayor McElyea, seconded by Commissioner Chunn, to approve the Resolution (VA-82-03). Commissioner Mikes requested that a picture of the project be displayed for public. Commissioners were pleased with the sign. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury —yes Mayor Anton —yes Commissioner Mikes—yes ITEM 9.4 WAS HEARD AFTER ITEM 9.2 Continued from 01/27/04 Commission Meeting 9.3 VA-88-03 — Request by Pastor Torrey Phillips for a variance to allow an auditorium (chapel) and office use with five parking spaces (25 parking spaces required). MINUTES 10 FEBRUARY 24, 2004 CITY OF DANIA BEACH • A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE VARIANCE REQUEST SUBMITTED BY PASTOR TORREY PHILLIPS, REPRESENTING GOSPEL OF CHRIST CHURCH, FROM CHAPTER 28, ARTICLE 6, "OFF-STREET PARKING REQUIREMENTS", FOR PROPERTY LOCATED AT 35 SW 1 AVENUE, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. At this time, City Attorney Ansbro advised that this application under the Public Hearing section was a Quasi-judicial matter and that all witnesses wishing to speak must be sworn in and that the City Commission, in accordance with the Jennings Ruling, must report all communications. City Attorney Ansbro presented an Oath to everyone who expected to speak on the request. Laurence Leeds, Director of Community Development, explained the request by Pastor Torrey Phillips for a variance from the parking requirements associated with the operation of an auditorium or meeting room. Director Leeds advised that the applicant wished to use an existing freestanding building for a chapel and offices. Director Leeds stated that the building had been originally built for warehouse use, which was consistent with the five parking spaces currently provided on the site. He explained that based on the size of the auditorium area 25 parking spaces were required. Director Leeds explained further that a neighbor, Mr. Casper, had offered to allow the chapel to use his parking, but he felt that could not be allowed because these parcels were separately described sites and could be sold without City knowledge. • Director Leeds reported that the applicant currently used the Jean Cook Property for parking and had to make other arrangements due to anticipated development of that property. Director Leeds had met with Mr. Casper and with Pastor Phillips and commended Pastor Phillips for his work to clean the property. Director Leeds stated that, unfortunately, he had to make a technical recommendation based on compliance with the zoning code and could not recommend approval. He explained that the Planning and Zoning Board made a motion to approve the variance request with the condition of a twelve-month sunset provision, however the motion failed 2-3. Mayor Anton opened the public hearing. David Lawrence, Attorney, 215 Federal Highway, on behalf of GOC Ministries, Inc. and representing Pastor Torrey Phillips and Steve Casper (owner of the property) explained the duel hardships that had caused the variance request. Attorney Lawrence outlined the parking that was available at a nearby municipal parking lot, additional spots designated by Mr. Casper. and street-side parking. He assured the Commission that the parking was only necessary for a few hours per week during off-peak parking hours. He noted that Pastor Phillips was willing to move their weeknight meeting to an evening when municipal parking area was available. He stated that if the variance were not granted, the Commission would be requiring the church to relocate outside of Dania Beach. He noted that it was good for the residents to have the Community Church remain active. Pastor Torrey Phillips, Gospel of Christ Ministries, felt it was important to the community for the church to stay and requested approval. MINUTES 11 FEBRUARY 24, 2004 CITY OF DANIA BEACH Miriam Koffman, Melaleuca Gardens, felt the church provided community support and she supported the request for after-hour parking for the church and requested that the Commission cooperate with Pastor Phillips for a successful resolution to this dilemma. Margarita Guerry, Psychologist in Canterbury Square, stated that she loved Dania Beach and supported the parking request. Stephen Casper, 35 SW 1st Avenue and owner of the property, addressed the issue of the sunset variance and noted he had no intention of selling any property. He also noted that it would take at least a year before the Jean Cook property would be developed. He requested that the Commission approve the variance and assured the City that he was willing to work with them to come up with a satisfactory solution. He noted that there were only 21 spaces needed for five hours on Sundays. Hearing no one else speak in favor or opposition, Mayor Anton closed the public hearing. A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to approve the variance with the condition that a Sunset Variance be worked out between the church and the City. Vice-Mayor McElyea supported the variance and commended the church for its ministry to community's youth. Commissioner Flury felt that there was already a large parking problem in this area and noted that there were over 40 cars parked on the Jean Cook property. She was concerned that the parking adversely affected people in the community. She commended the work that Pastor Phillips had done in the community, but felt that the parking requirement would need to be dealt with or it would continually arise. She felt that perhaps it was not the right place for the church. Commissioner Mikes noted the success of the church that was evident by the parking problem and felt that the problems would only grow as the church ministry grew. He wondered what plans were being made for future growth and how much flexibility they had for their weeknight meeting. In response to Commissioner Mikes' questions, Pastor Phillips stated that the church considered moving to another location and stated that they were waiting for a response from the owner. He assured Commissioner Mikes that they were flexible in changing evening activities to any night of the week. Commissioner Mikes suggested the motion be amended to include a particular night of the week and wondered if the City had received complaints from Grandpa's Restaurant. Mr. Leeds stated that he had not received any complaints from Grandpa's Restaurant. Mayor Anton shared a letter from Phil Glassman, owner of Jaxson's, who objected to the use of business parking by the church. Pastor Phillips agreed that his congregation should not park in these areas and noted that Grandpa's Bakery supported their youth ministry by sending over pastries every Sunday morning. MINUTES 12 FEBRUARY 24, 2004 CITY OF DANIA BEACH City Attorney Ansbro suggested that the variance only be extended for six months to a year and • bring it back to the Commission for review. A substitute motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to approve the variance for six months with the following conditions: 1) the variance is only in affect for Sunday and one weeknight; 2) City of Dania Beach public safety officials would determine which weeknight the variance would be effective; and 3) if renewed, the Commission would waive the renewal fee. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury —yes Mayor Anton —yes Commissioner Mikes —yes Commissioner Chunn commended Pastor Phillips and his outreach program and hoped to see his ministry grow. ITEM 9.4 WAS HEARD AFTER ITEM 9.2 9.4 VA-90-03 — Request by Boris Dolinski, on behalf of Rigoberto and Esperanza Morfin, to install two 48 square foot wall signs at 48 S. Federal Highway. Signs to be located on Federal Highway and adjacent to parking lot on the north side of the building. Chapter 28, Article 28.160 "Downtown Dania Beach Redevelopment District" allows one 37 '/2 square foot sign on US 1 and an additional 37 '/2 square foot sign on SW 1st • Avenue. A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE SIGN ADJUSTMENT REQUEST SUBMITTED BY BORIS DOLINSKI ON BEHALF OF RIGOBERTO AND ESPERANZA MORFIN, FROM CHAPTER 28, ZONING, ARTICLE 28.160 "DOWNTOWN DANIA BEACH REDEVELOPMENT DISTRICT REGARDING SIGN REGULATIONS, FOR PROPERTY LOCATED AT 48 SOUTH FEDERAL HIGHWAY, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. At this time, City Attorney Ansbro advised that this application under the Public Hearing section was a Quasi-judicial matter and that all witnesses wishing to speak must be sworn in and that the City Commission, in accordance with the Jennings Ruling, must report all communications. City Attorney Ansbro presented an Oath to everyone who expected to speak on the request. Corinne Church, Principal City Planner, described the location of the property as 48 S. Federal Highway and explained that the applicant had requested three variances related to proposed signage. She explained the property had two street frontages (along Federal Highway and SW 1st Avenue) and therefore were allowed two signs. Ms. Church explained the first variance requested two signs of 48 square feet and reported that the current code allowed 37.5 square feet. Staff did not support this variance as no hardship or special circumstances existed to justify the request. City Planner Church explained the second variance was to allow the • maximum height of the sign to exceed existing code by one and one-half feet. Staff also did not MINUTES 13 FEBRUARY 24, 2004 CITY OF DANIA BEACH support this variance as no hardship or special circumstances existed to justify the request. Ms. • Church explained that the third variance requested was to allow a sign to face the internal north property line instead of facing SW 1 St Avenue. Staff felt the request was justified and supported this request with the following two conditions: 1) That the background of the sign be changed to a dark background color and light letter color to be consistent with the building; and 2) That all non-permitted signs be removed from the building. Ms. Church stated that The Planning and Zoning Board recommended denial of the first two variances and recommended approval of the third variance without the color restrictions that staff had recommended. Mayor Anton opened the public hearing. Patty Hart, NE Dania Beach, spoke on behalf of Boris Dolinski and stated that the applicant had no problem with accepting the first two recommendations. Ms. Hart explained that the color of the sign was very important because it involved the applicant's twenty-year-old logo and felt that the suggested dark background might cause the sign to be missed. She requested Commission approval of signage with the logo colors in tact and reiterated that the applicant agreed with the first two denials and would remove the un-permitted signs. Steve Casper, 34 S. Federal Highway and neighbor of the applicant, stated the history of the property being vacant and noted the improvements made to the location. He supported the applicant's request. Hearing no one else speak in favor or opposition, Mayor Anton closed the public hearing. A motion was made by Commissioner Mikes, seconded by Vice-Mayor McElyea, to • approve the Resolution with the following conditions: 1) Deny the applicant's request for additional sign area; 2) Deny the applicant's request for additional vertical height of signage; 3) Approve the applicant's request to locate one sign on the north fa(;ade, facing Federal Highway and one sign on the north facade facing the parking lot next to the building; 4) that the applicant keeps his logo colors in tact; and 5) that the applicant removes all existing un-permitted signs. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury —yes Mayor Anton —yes Commissioner Mikes —yes 10. COMMISSION COMMENTS: 10.1 Commissioner Chunn thanked God for His kindness to him. Commissioner Chunn thanked ABC Thrift for the contributions they made to the City and he also thanked Vice-Mayor McElyea for his donations. He reminded all that this was Black History Month and noted Vice- Mayor McElyea had raced with Wendall Scott, the first black race car driver. He commented that young people were racing motor scooters on SW 7th Avenue and also noted that the loitering around 6th & 1st Streets needed attention. Commissioner Chunn invited the public to help paint Mrs. Peterman's house on Saturday, February 28, 2004 and commended Dismas House for the part that they had played in those activities. 10.2 Commissioner Flury confirmed with City Manager Pato that Union Contract negotiations began in March and suggested the City have an attorney session to form perimeters before negotiations were begun. MINUTES 14 FEBRUARY 24, 2004 CITY OF DANIA BEACH 10.3 Commissioner Mikes agreed with Commissioner Flury and felt the Commission needed • to get more involved as a group in issues such as Union negotiations. He asked City Manager Pato to comment on the airport issue. City Manager Pato explained that the City sent a letter to the County to bring attention to several issues in the inter-local agreement that were being disregarded. He noted that the County had embarked on an aggressive program to move the airport expansion project forward. He was surprised that the press had not reported on a memo from the aviation division to the County manager suggesting that the County use general funds to front some of the mitigation expenses and the County would be reimbursed at a later date when the FAA and airlines approved the funding. He stated that because the project was moving forward so quickly, the County planned to open an outreach center on the corner of new Griffin Road and Federal Highway by April 30, 2004. He noted that the City attorneys were watching the situation as it unfolded. Mayor Anton found it interesting that County staff and airport people requested use of taxpayer funds to pre-fund mitigation when the Resolution that had passed on December 9, 2003 clearly stated that the expansion was to be predicated on the fact that the airlines would raise their rates to partially pay for this. He noted that some airlines were vacillating in their willingness to pay. City Attorney Ansbro felt that if the airlines did not fund the project that Mr. Rodstrom would bring it back before the Commission. Commissioner Mikes referred to an article in the "Miami Herald" that reported a delay in the meeting with the airlines and felt the airlines did not want to pay the fees. He noted that few airlines had pushed the expansion. Commissioner Mikes referred back to the parking issue with the church and asked City Manager Pato to contact businesses to see if they had a preferred day of the week for the church to meet. 10.4 Vice-Mayor McElyea — NONE 10.5 Mayor Anton congratulated City Attorney Ansbro on the excellent job he did on the letter he sent to the County concerning the letters that Melaleuca residents had received concerning the airport. Mayor Anton reported that he had tried to contact County Commissioner Rodstrom. Mayor Anton also wondered at times whether BCAD or the County Commission made the policies in Broward County. Commissioner Mikes commented that the total revenue of the warehouses was only $80,000 per year on a $160,000,000 piece of property. City Manager Pato stated that if Dania ran their business that way, the taxpayers would be upset. Mayor Anton noted that the police chief needed to consider the Melaleuca Gardens Association meetings on the second Wednesday of each month as he determined the parking issue with the church. MINUTES 15 FEBRUARY 24, 2004 CITY OF DANIA BEACH ® 11. DISCUSSION AND POSSIBLE ACTION: 11.1 Report on SW 5th Court (Chief Cowart-BSO) Chief Cowart, Broward County Sheriffs Office, reported that they had made contact with homeowners and residents on SW 5th Court and asked them to meet at City Hall on March 1't 2004 to discuss concerns and possible solutions to the problems in that area. He stated that BSO had continued their detection patrols and he had ordered the neighborhood response team to focus on operations on SW 5th Court. He reported that over the last two weeks, they had executed four search warrants, which resulted in 19 arrests, drug trafficking and weapons seizures, along with the confiscation of $2,700 in currency and two vehicles. Two of the four property owners had initiated eviction proceedings against tenants and a nuisance abatement letter had been delivered to a house on SW 81h Street. He stated that there were other operations underway. He confirmed for Mayor Anton that they still reported to the Housing Authority information concerning drug arrests for people who had received housing funds. 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. "A 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 Human Relations Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF ONE (1) MEMBER TO THE "HUMAN RELATIONS 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". MINUTES 16 FEBRUARY 24, 2004 CITY OF DANIA BEACH ® 12.6 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 Pato addressed a new issue concerning the construction of a T-ball field at Frost Park. He noted that the work had not been done properly and it needed to be re-done for the safety of the children. He requested the Commission allow them to use $12,000 of the Park impact fees to fund the project. Fernando Vazquez, Public Services Director, explained that the underlying surface needed to be stabilized and described the process. Vice-Mayor McElyea felt the underlying surface materials were stable in that area and suggested that the engineer had not gathered all the necessary information. Commissioner Mikes felt that they needed to get a second opinion and have the problem fixed by a professional, if necessary, for the sake of the children. He did not want taxpayers to start paying lawyers for liability suites. Commissioner Flury felt that too many City projects needed to be re-done. Mayor Anton felt that the Commission had made a mistake a few months ago when they gave permission to the Optimist Club to build the field without advising them to go through the engineering department. Director Vazquez confirmed that the soil study had not yet been conducted, but visual inspection determined there was a problem that needed to be corrected. Mayor Anton stated, for the benefit of the Optimist Club, that no one had criticized them and they should be applauded for taking the initiative to move forward. A motion was made by Commissioner Mikes, seconded by Commissioner Chunn, to approve appropriation of funds from Parks Impact Fees to fix the problems with the T- ball Field at Frost Park that should include the following: 1) getting an outside engineering opinion, if necessary; and 2) involving the Optimist Club as much as possible. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor McElyea —yes Commissioner Flury —yes Mayor Anton —yes Commissioner Mikes—yes City Manager Pato complimented Acting City Clerk Miriam Nasser on her admiral job in keeping . all the records. MINUTES 17 FEBRUARY 24, 2004 CITY OF DANIA BEACH City Manager Pato also noted that the Aircraft Carrier, JFK, was coming into port and the City • had received four invitations from the Navy League to see the ship next Wednesday evening from 6:00-8:00 PM. 13.2 City Attorney-no comments 13.3 City Clerk— Meeting Reminder: March 9, 2004 @ 7:00 p.m. — Regular City Commission Meeting March 18, 2004 @ 6:00 p.m.—Abatement Hearings Meeting March 23, 2004 @ 7:00 p.m. - Regular City Commission Meeting 14. ADJOURNMENT The meeting adjourned at 9:30 p.m. C.K. MCE Y MAYOR-CO SIGNER ATTEST: MIRIAM NASSER ACTING CITY CLERK Respectfully submitted by Jill Fiorentino APPROVED: March 23, 2004 MINUTES 18 FEBRUARY 24, 2004 CITY OF DANIA BEACH