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HomeMy WebLinkAbout587 - MINUTES - City Commission MINUTES DANIA BEACH CITY COMMISSION REGULAR MEETING MARCH 9, 2004 1. CALL TO ORDER: Mayor Anton called the meeting to order at 7:00 p.m. 2. INVOCATION AND PLEDGE OF ALLEGIANCE: *Rev. Richard Austin, First Baptist Church of Dania Mayor Anton requested a moment of silence for the Late Broward County Property Appraiser, Mr. William Markham. Vice-Mayor McElyea stated that he had the opportunity to be with Mr. Markham on Sunday and that he was an "old friend." 3. ROLL CALL: Present: Mayor: Bob Anton Vice-Mayor: C.K. McElyea Commissioners: Robert Chunn Pat Flury Bob Mikes (arrived 7:24 p.m.) City Attorney: Tom Ansbro City Manager: Ivan Pato Acting City Clerk: Miriam Nasser A motion was made by Commissioner Chunn, seconded by Vice-Mayor McElyea, to excuse Commissioner Mikes for being late. 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 —absent Mayor Anton thanked the City of Dania Beach Staff and City Manager for all the help and support that they had offered to him during the past year. He congratulated Vice-Mayor McElyea for serving his fifth term as mayor and wished him great success. Commissioner Flury congratulated Mayor Anton on his outstanding year and noted his diligence in regards to the airport expansion issue. She indicated that she would have him nominated for vice-mayor at the appropriate time. City Manager Pato thanked Mayor Anton for his service and presented him with a plaque from City of Dania Beach staff and employees. MEETING 1 MARCH 9, 2004 CITY OF DANIA BEACH *SEATING OF MAYOR C.K. "MAC" MCELYEA Having been seated as mayor, Mayor McElyea invited family members to join him for a picture. Kathy DiBona, Dania Elementary School, congratulated Commissioner Anton, for his service as mayor and presented him with gifts from the school and the children. She also recognized the role that the McElyea family had played in the heritage of Dania Beach over the last 100 years and welcomed the new mayor with a gift. *ELECTION OF VICE MAYOR A motion was made by Mayor McElyea, seconded by Commissioner Chunn, to nominate Robert Chunn to serve as vice-mayor. The motion died for lack of majority on the following 2-2 roll call vote: Commissioner Chunn —yes Mayor McElyea—yes Commissioner Flury — no Commissioner Anton — no A motion was made by Commissioner Flury, seconded by Commissioner Anton, to nominate Bob Anton to serve as vice-mayor. The motion died for lack of majority on the following 2-2 roll call vote: Commissioner Chunn — no Mayor McElyea— no Commissioner Flury —yes Commissioner Anton —yes A motion was made by Commissioner Flury, seconded by Mayor McElyea, to delay the appointment of vice-mayor until Commissioner Mikes arrived. The motion passed on the following 4-0 roll call vote: Commissioner Chunn —yes Mayor McElyea —yes Commissioner Flury —yes Commissioner Anton —yes ELECTION OF VICE-MAYOR HEARD AFTER ITEM 4.2 A motion was made by Mayor McElyea, seconded by Commissioner Chunn, to nominate Bob Mikes to serve as vice-mayor. The motion passed on the following 5-0 roll call vote: Commissioner Anton —yes Commissioner Mikes —yes Commissioner Chunn —yes Mayor McElyea —yes Commissioner Flury —yes 4. PRESENTATIONS AND SPECIAL EVENT APPROVALS: 4.1 Recognizing Joann Brave retirement and her 10 years of service with the City of Dania Beach. (Director of Finance) Pat Varney, Director of Finance, recognized Joann Brave for her years of service with the City of Dania Beach and presented her with a gift. 10 MEETING 2 MARCH 9, 2004 CITY OF DANIA BEACH Mayor McElyea presented her with a plaque from the City and commended her for her years of is service. He noted that people had spoken well of her and expressed his appreciation. 4.2 Request by Kurt Ely, Chairman, I.T. Parker Community Advisory Board, to waive rental fees for the use of I.T. Parker Center by the Fire Department to hold the "Dania Beach Dolphin Derby" Fishing Tournament. Kurt Ely, I.T. Parker Community Advisory Board Chairman, requested that a McElyea family member explain the significance of the flowers used earlier in the mayoral picture. Mayor McElyea's daughter explained that the three yellow roses signified Mayor McElyea's three children and the white one represented his late wife. Mr. Ely explained that the I.T. Parker Community Advisory Board recommended the Commission waive the normal rental fee to $500 for the Fire Department to hold the "Dania Beach Dolphin Derby" Fishing Tournament. Ted Spongross, Acting Battalion Chief, stated that the tournament had been held for the past nine years and had always been supported by the City. He stated that the tournament raised money for children with special medical needs. A motion was made by Mayor McElyea, seconded by Commissioner Chunn, to waive the fee completely. Mayor McElyea passed the gavel to Commissioner Anton who opened the motion up for • comments. Commissioner Flury clarified that the money raised benefited Dania Beach children and asked if the motion was consistent with the I.T. Parker Board's recommendation. Kurt Ely reiterated that the board's recommendation was to reduce the fee to $500. Vice Mayor Mikes felt that boards were designed to make recommendations and the Commission should abide by their recommendation. A substitute motion was made by Vice Mayor Mikes, seconded by Commissioner Flury, to waive the fee to $500 as recommended by the I.T. Parker Community Advisory Board. The motion passed on the following 3-2 roll call vote: Commissioner Anton —yes Commissioner Mikes—yes Commissioner Chunn — no Mayor McElyea — no Commissioner Flury —yes ELECTION OF VICE-MAYOR HEARD AFTER ITEM 4.2 4.3 Special Event request by Broward County Airboat, Halftrack and Conservation Club, Inc. to hold the 15th Annual Airboat Show and Festival at Bass Pro Shops Outdoor World, March 20 -21, 2004. (Director of Community Development) Corinne Church, Principal Planner, Community Development Department, explained the request • and noted that the two-day event area would be secured by a fence and that live music, food, MEETING 3 MARCH 9, 2004 CITY OF DANIA BEACH and beverages would be provided. She noted that BSO and Fire-Rescue had no objections • subject to the conditions noted in their memos. Mark Cruz, President of Broward County Airboat and Halftrack Conservation Club, reported that the club had been formed in 1952 and had become a non-profit organization in 1997. He noted that this was the fifth year the festival was held in Dania Beach and described the event. A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to approve the special event request. The motion passed on the following 5-0 roll call vote: Commissioner Anton —yes Vice-Mayor Mikes —yes Commissioner Chunn —yes Mayor McElyea —yes Commissioner Flury —yes 5. PROCLAMATIONS: NONE 6. CITIZENS' COMMENTS: 6.1 Harold Miller, 136 SE 2"d Court, inquired as to City ordinance concerning size restrictions of trailers and boats and also felt it was not right that his neighbor could have bushes exceeding 4 feet in height and he could not have a fence higher than 4 feet. He wanted a barrier between his and his neighbor's property because he was tired of trimming the neighbor's bushes. Mr. Miller complained that he had addressed the bush ordinance issue with Mr. William Johnson in Code Enforcement and was concerned that the bushes were unsightly and gave burglars a place to hide. Laurence Leeds, Director of Community Development, stated that he would personally address these questions with the resident. 6.2 Bonnie Mills, 4941 SW 44th Avenue, requested clarification of the citizen use of Tigertail Park. She thought the South end of the park was available for use. City Attorney Ansbro explained that the north end of the park could be used within the arrangements made by Broward Community College and indicated the south end of the park was temporarily closed due to construction. 6.2 Jay Field, Chairperson of the Dania Beach Airport Advisory Board, explained that the Airport Advisory Board was disappointed that there was a parking fee for those attending an airport meeting at the Wyndham Hotel. He suggested that if this type of thing occurred in the future, that arrangements should be made to either eliminate the parking fee or to have the fee announced ahead of time. Mr. Field reported that the board opposed the appointment of the acting director of the Aviation Department as permanent director. The Airport Advisory Board also recommended that the City do some of its own environmental studies. Chairperson Field felt that the Congressional Reauthorization Act prohibited federal funding of mitigation between the 60-65 DNL lines as the County had proposed and noted the meeting about this would be held next week. He informed the Commission that there was allowance for local governments to apply for grants and administer the mitigation program itself separate from the County. Vice-Mayor Mikes clarified that it was his understanding that the Committee's recommendation • was for the City to conduct an air space study. MEETING 4 MARCH 9, 2004 CITY OF DANIA BEACH • Mr. Field stated that this item had not been discussed in the committee meeting but he was attempting to obtain a report from Bensonville, IL., a city outside of Chicago, concerning their air space study. Vice-Mayor Mikes also commented on the funding problems associated with the City's independent mitigation program. 6.3 Mark Latimer, 3081 SW 47'h Street, had a question for the City Attorney regarding a nuisance boat that was parked in the canal behind his house. Laurence Leeds, Director of Community Development, stated that the previous Public Services Director made some type of arrangements to have it removed, but he was unaware of the current status. Commissioner Anton stated that he had spoken with the marine patrol officer that had worked that area and that it had finally been declared a nuisance. He assured residents that the City was moving forward on the boat removal. ITEMS PULLED FROM THE CONSENT AGENDA: COMMISSIONER FLURY PULLED ITEM 7.4, VICE-MAYOR MIKES PULLED ITEM 7.16. A motion was made by Vice-Mayor Mikes, seconded by Commissioner Chunn, to remove items 7.11, 7.12, 7.13, and 7.14 from the Consent Agenda and place them under Public Hearings. The motion passed on the following 5-0 roll call vote: • Commissioner Anton —yes Vice-Mayor Mikes —yes Commissioner Chunn —yes Mayor McElyea—yes Commissioner Flury —yes 7. CONSENT AGENDA (INCLUDING EXPENDITURES): 7.1 Minutes: - Approval of minutes for Workshop Meeting of January 13, 2004 -Approval of minutes for Regular Meeting of February 10, 2004 -Approval of minutes for Workshop Meeting of February 17, 2004 7.2 Travel Expenditures: NONE 7.3 Bills: NONE Resolutions — 7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE DIRECTOR OF FINANCE TO EXECUTE THE TRADING OF AGENCY NOTES AND TO AUTHORIZE EXECUTION OF SUCH TRADES BY THE ASSISTANT FINANCE DIRECTOR IN THE ABSENCE OF THE FINANCE DIRECTOR; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. MEETING 5 MARCH 9, 2004 CITY OF DANIA BEACH 7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN DEANNA ENTERPRISES, D/B/A A1A EMPLOYMENT OF MIAMI AND THE CITY OF DANIA BEACH TO PROVIDE SUMMER RECREATION 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 MANAGEMENT; CONFIRMING THAT SPECIAL CONDITIONS EXIST IN ORDER TO SECURE SUCH SERVICES WITH DEANNA ENTERPRISES, WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, EXTENDING THE EXISTENCE OF THE CITY CHARTER REVIEW BOARD CREATED PURSUANT TO RESOLUTION NO. 2003-048; PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. 7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO CONTRACT FOR THE PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT AND MATERIALS FROM HUGHES SUPPLY, INC., IN THE AMOUNT NOT TO $30,000.00 FOR FISCAL YEAR 2003-2004 FOR MAINTENANCE AND REPAIR OF THE CITY'S WATER AND SEWER SYSTEM, • WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, REQUESTING THAT GOVERNOR JEB BUSH FORMALIZE HIS APPROVAL OF THE BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION REAPPORTIONMENT PLAN; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. 7.10 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN ADDENDUM TO THE EXISTING INTERLOCAL AGREEMENT PERTAINING TO THE CREATION OF THE BROWARD COUNTY METROPOLITAN PLANNING ORGANIZATION (THE "MPO"); PROVIDING FOR CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES -TITLE TO BE READ BY CITY ATTORNEY- 7.15 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE "DANIA PLACE PLAT", SUCH PROPERTY BEING GENERALLY LOCATED EAST OF THE DANIANS CONDOMINIUM ON EAST DANIA BEACH BOULEVARD, 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 "DANIA MEETING 6 MARCH 9, 2004 CITY OF DANIA BEACH PLACE PLAT'; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) ADDENDUM ITEM: 7.17 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH LEASING 2, INC. FOR THE PURCHASE OF A FIRE TRUCK IN AN AMOUNT NOT TO EXCEED $386,000.00; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the Ordinance title for Item 7.15. A motion was made by Commissioner Chunn, seconded by Commissioner Anton, to approve the Consent Agenda with the exception of Items 7.4, 7.11, 7.12, 7.13, 7.14 and 7.16. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor Mikes —yes Commissioner Flury —yes Mayor McElyea —yes Commissioner Anton —yes ITEMS PULLED FROM THE CONSENT AGENDA: 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING AN AGREEMENT WITH ELECTRICAL DESIGN ASSOCIATES FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO THE ADDITION OF STREET LIGHTING IN ANNEXED AREAS FOR A COST NOT TO EXCEED $22,180.00, SUCH SERVICES TO BE OBTAINED WITHOUT COMPETITIVE BIDDING OR ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. City Attorney Ansbro read the title of the Resolution. Commissioner Flury sought clarification concerning whether or not this area was part of the Community Development Block Grant. Bonnie Temchuk, Assistant to the City Manager, indicated in the negative. A motion was made by Commissioner Flury, seconded by Commissioner Anton, to adopt the Resolution. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor Mikes —yes Commissioner Flury —yes Mayor McElyea— yes Commissioner Anton —yes ADDENDUM ITEM: Continued from February 24, 2004 Commission Meeting 7.16 MOTION TO APPROVE SCHEMATIC DESIGN PLANS OF PIER RESTAURANT. Vice-Mayor Mikes asked City Manager Pato to explain and outline the history of this motion. • MEETING 7 MARCH 9, 2004 CITY OF DANIA BEACH City Manager Pato explained that staff addressed questions the Planning & Zoning Board had concerning a two-story building being supported by the pier and reported that studies indicated that the pier would not support the Planning & Zoning Board requirement of a CBS structure. He explained that the architect was asked to design a one-story CBS building that the pier could support (within the budget). In response to Vice-Mayor Mikes' question concerning the architectural elevation, City Manager Pato stated that architectural renderings would be brought before the Commission once this was approved. Vice-Mayor Mikes felt these types of situations, where critical questions were not addressed at the proper time, needed to be rectified. City Manager Pato agreed. A motion was made by Commissioner Flury, seconded by Vice-Mayor Mikes, to adopt Item 7.16. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor Mikes —yes Commissioner Flury —yes Mayor McElyea —yes ,Commissioner Anton —yes 8. BIDS AND REQUESTS FOR PROPOSALS: NONE 9. PUBLIC HEARINGS AND SITE PLANS: Items 7.11, 7.12, 7.13, and 7.14 were moved from the Consent agenda: 7.11 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 4, "DISTRICT REGULATIONS," SECTION 4.20 "APPLICATION OF REGULATIONS," TO REVISE THE "SCHEDULE OF USE REGULATIONS" FOR THE C-2, C-3, C-4 AND IR DISTRICTS; AMENDING ARTICLE 2 "DEFINITIONS," SECTION 2.10 "DEFINITIONS" TO ADD DEFINITION OF "ANTIQUE STORE" AND "THRIFT SHOP" AND TO REDEFINE "ESSENTIAL SERVICES;" PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) City Attorney Ansbro read the Ordinance title for 7.11. Laurence Leeds, Director of Community Development, explained that these ordinances were 30 years old and were not compatible with the type of development the City wished to encourage. Director Leeds added that the City was in the process of adopting a Community Redevelopment Area, which these zoning code amendments supported. He explained that these amendments would no longer permit service stations, thrift shops, pawn shops, nursing homes, convalescent homes, funeral homes, and mortuaries in the CRA area. He noted that legally established businesses would be allowed to remain, but new businesses would be prohibited. He explained that the code included definitions for thrift shops and antique stores and that a provision was added to limit work areas of small shops involved with assembly, repair, and fabrication of small items to no more than 1,000 square feet. He further explained the definitive restrictions for the C-4 district concerning outdoor storage areas and noted that outdoor recreational and waste MEETING 8 MARCH 9, 2004 CITY OF DANIA BEACH collection and treatment facilities were eliminated from the Industrial/General District. He noted • that power plants, waste-water facilities, and transportation facilities were granted special exceptions. Director Leeds explained the parking restrictions addressed in the last ordinance. City Attorney Ansbro read the Ordinance titles for 7.12, 7.13, & 7.14. 7.12 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY REPEALING AND REPLACING ARTICLE 27 "INDUSTRIAL-GENERAL (IG) DISTRICT" TO CREATE A NEW INDUSTRIAL-GENERAL (IG) DISTRICT WITH REVISED PERMITTED, PROHIBITED AND SPECIAL EXCEPTION USES, AND REQUIRED CONDITIONS AND AREA REQUIREMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.13 AN ORDINANCE AMENDING CHAPTER 28 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DANIA BEACH, FLORIDA, BY AMENDING ARTICLE 16 "INDUSTRIAL-RESEARCH-OFFICE (IRO) DISTRICT" TO REVISE PERMITTED AND SPECIAL EXCEPTION USES AND HEIGHT RESTRICTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) 7.14 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA AMENDING CHAPTER 28, "ZONING', OF THE CITY CODE OF ORDINANCES BY • AMENDING ARTICLE VI. "SUPPLEMENTARY USE REGULATIONS," SECTION 6.21 "OFF-STREET PARKING" TO REPEAL CERTAIN PARKING STANDARDS IN PARAGRAPHS (D), (E) AND (F) APPLICABLE TO USES WITHIN THE CITY OF DANIA BEACH REDEVELOPMENT DISTRICT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING) Mayor McElyea opened the public hearing on these four ordinances. Charlene Scalese, 826 NW 13th Avenue, supported Ordinance 7.14 and stated that restaurants should provide adequate parking. Hearing no one else speak in favor or opposition, Mayor McElyea closed the public hearing. City Attorney Ansbro stated that each Ordinance needed to be voted on separately. A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt Item 7.11 on first reading. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor Mikes —yes Commissioner Flury —yes Mayor McElyea—yes Commissioner Anton —yes • MEETING 9 MARCH 9, 2004 CITY OF DANIA BEACH A motion was made by Commissioner Chunn, seconded by Commissioner Anton, to ® adopt Item 7.12 on first reading. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor Mikes—yes Commissioner Flury —yes Mayor McElyea —yes Commissioner Anton —yes A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt Item 7.13 on first reading. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor Mikes —yes Commissioner Flury —yes Mayor McElyea —yes Commissioner Anton —yes A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to adopt Item 7.14. Commissioner Flury was not aware of any successful downtown that did not have a significant number of restaurants and felt that restaurants would be discouraged by this parking requirement. Laurence Leeds, Director of Community Development, stated that he was advised to change the ordinance by the Land Use Attorneys to eliminate the possibility of the ordinance being challenged by other assembly groups. Vice-Mayor Mikes explained that Cities had difficulty gaining control of these areas and felt that the City should not discriminate between businesses. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor Mikes —yes Commissioner Flury —yes Mayor McElyea— yes Commissioner Anton —yes 9.1 LUF-23-03 — A request by Charles Putman & Associates, on behalf of Barry N. Morris c/o Ocean Development, LLC for an extension of a previously approved 54 flex and reserve units. Property located on the north side of Dania Beach Boulevard approximately 300 feet east of the Motel Six. A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY CHARLES PUTMAN & ASSOCIATES, INC., REPRESENTING BARRY MORRIS C/O OCEAN DEVELOPMENT PROPERTIES, LLC, FOR A NINE MONTH EXTENSION OF TIME OF THE PREVIOUSLY APPROVED FLEX / RESERVE UNIT ALLOCATION REQUEST (RESOLUTION 2003-139); PROPERTY LOCATED ON THE EAST SIDE OF GULFSTREAM ROAD AND ALONG THE NORTH SIDE OF DANIA BEACH BOULEVARD, DANIA BEACH; LEGALLY DESCRIBED IN EXHIBIT "A" A COPY OF WHICH IS ATTACHED TO THIS RESOLUTION; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. • City Attorney Ansbro read the title of the Resolution. MEETING 10 MARCH 9, 2004 CITY OF DANIA BEACH 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, reminded the Commission of the history of the pavilion property on the north side of Dania Beach Blvd. and east of the Motel 6 as part of a land-use plan amendment back in May of last year. He explained that the applicant requested an extension of nine months for the approval of the 54 Flex units. Director Leeds stated that he recommended the Flex allocation be extended to January 1, 2005 based on the small number of units involved and the progress that the applicant had made. Mayor McElyea opened the public hearing. Bonnie Miskel, on behalf of the petitioner, greeted the Commission and offered to answer any questions they had. Charlene Scalese, 826 NW 13t" Avenue, was opposed to granting extensions for projects that had been going on for a year. She noted that she was not opposed to 2005, but felt that extensions should not be continually granted without consequences. In response to Vice-Mayor Mikes' question, Bonnie Miskel explained that extensive progress had been made on this project and noted that other project approvals were granted subject to the site plan being filed within six months. She explained that this project was different in requiring site plan approval and reported they had been delayed by unanticipated, additional Broward County requirements. She stated that they were very close to approval but would not quite have made it by May 28, 2004. She clarified for Vice-Mayor Mikes that the January 1, 2005 deadline should be more than sufficient. In response to Vice-Mayor Mikes' suggestion about extending the deadline only to November 2004, Director Leeds felt that because of the complexity of this project the January 1, 2005 deadline was necessary in order to have adequate time for Staff review. Hearing no one else speak in favor or opposition, Mayor McElyea closed the public hearing. A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to approve the Resolution extending the 54 flex and reserve units approval until January 1, 2005. The motion passed on the following 5-0 roll call vote: Commissioner Chunn —yes Vice-Mayor Mikes —yes Commissioner Flury —yes Mayor McElyea —yes Commissioner Anton —yes 10. COMMISSION COMMENTS: 10.1 Commissioner Anton commented on the confusion Melaleuca residents had concerning bulk trash pick-up and wanted everyone to understand that it was now the second Monday of the first full week of the month. Fernando Vazquez, Director of Public Services, confirmed that it was the second (full-week) Monday and stated that residents in that area would not be cited. MEETING 11 MARCH 9, 2004 CITY OF DANIA BEACH 10.2 Commissioner Chunn thanked God for being so kind to him and thanked Patty Hart, Mimi Donly, ABC Thrift, and Kurt Ely for their generosity to those less fortunate than themselves. He noted that Miriam Nasser was doing a fantastic job and wanted to also commend Charlene Johnson for her excellent work for the City for the past fourteen years and noted that he had never heard any resident say anything negative about her. 10.3 Commissioner Flury explained that she had received numerous complaints about the trees by the Sheridan Street Publix being cut down and asked Director Leeds to address the public. Laurence Leeds, Director of Community Development, explained that the drainage was not properly installed, the landscape area was not large enough to accommodate tree growth, and that the lime rock in the soil had inhibited tree growth. He explained that the Broward County Office of Environmental Services had received complaints about the shopping center drainage and that the only way to correct the problem was to do it over. He indicated that two trees would be provided for every tree removed, existing palms would be preserved, and additional hedges planted. Commissioner Flury confirmed with City Manager Pato that the T-ball field would be completed before the season began. Commissioner Flury felt that Sheridan Street (between Dixie Highway and U.S. 1) would not be widened any time in the near future because it had been removed from FDOT funding list and felt that the zoning of that area should be examined to possibly provide for some clean office space. 10.4 Vice-Mayor Mikes expanded on Commissioner Flury's comments and wondered if it was time to implement the linear park arrangements that had been discussed in previous years. City Manager Pato suggested the Commission consider allocating funds from contingencies during the mid-year budget adjustments for conducting the studies to move that project forward. Vice-Mayor Mikes stressed that swale storm drainage features needed to be incorporated along with the linear park. Vice-Mayor Mikes indicated that he had received several complaints about a couple of boat businesses (one on Federal Highway and another on Bryan Road) that block the roadways when parking and unloading their trucks. Director Leeds explained the when the boats begin blocking the public right of way it became the jurisdiction of BSO Parking Enforcement. City Manager Pato was familiar with the area and confirmed that it was a BSO enforcement issue and indicated that he would have the issue discussed with Chief Cowart and the Public Services Director. Vice-Mayor Mikes also commented on Broward County's reply to City Attorney Ansbro's letter concerning the inter-local agreement. He encouraged the City Manager and City Attorney to meet with the County concerning their commitment to honor the inter-local agreement and suggested that they review Attorney Gallop's records. MEETING 12 MARCH 9, 2004 CITY OF DANIA BEACH • City Attorney Ansbro noted that it took five years of prodding to get them to honor the commitment in the inter-local agreement to put the sign up on Griffin Road. 10.5 Mayor McElyea was happy to be back in the Mayor's seat and reassured the public of his commitment to help them. Commissioner Chunn thanked City Manager Pato for his donations to the needy. 11. DISCUSSION AND POSSIBLE ACTION: NONE 12. APPOINTMENTS: 12.1 Appointment of 4 members to the Airport Advisory Board. "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF FOUR MEMBERS TO THE "AIRPORT ADVISORY BOARD"; PROVIDING THAT SAID MEMBERS SHALL SERVE A TWO (2) YEAR TERM EXPIRING 12:00 NOON, MARCH 15, 2005; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE". Mayor McElyea appointed Irvin "Bud" Witz, 830 NW 7"Avenue, to the Airport Advisory Board. 12.2 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." Mayor McElyea appointed Joann Brave to the Citizen Alternate position on the Civil Service Board. City Attorney Ansbro noted all but two members' terms will expire on April 1, 2004 and indicated that a Resolution would be presented at the next Commission meeting that would temporarily extend their terms for 90 days. 12.3 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." 12.4 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". MEETING 13 MARCH 9, 2004 CITY OF DANIA BEACH 12.5 Appointment of 1 member to the Marine Advisory Board. ® "A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING THE APPOINTMENT OF A 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". 12.6 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". 12.7 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 Anton noted the difficulty they had to find people qualified to serve on this Board. He noted that a sitting Commissioner was on the Employee Pension Board but noted that the Police & Fire Pension Board did not have a sitting Commissioner. Commissioner Anton appointed Vice-Mayor Mikes. City Attorney Ansbro clarified that the dual office holding did not apply when a City Commissioner served on a pension board according to the Attorney General'sl opinion. 12.8 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." A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to approve all appointments. The motion passed on the following 5-0 roll call vote: Commissioner Chunn—yes Vice-Mayor Mikes —yes Commissioner Flury —yes Mayor McElyea — yes Commissioner Anton —yes 13. ADMINISTRATIVE REPORTS: 13.1. City Manager Pato asked City Attorney Ansbro to address the following two issues: Nelson Lake and the Rev. Tannie Lewis sidewalk. • MEETING 14 MARCH 9, 2004 CITY OF DANIA BEACH 13.2 City Attorney Ansbro indicated that he had spoken to Attorneys Tim Ryan and Josh Pinsky, Ryan & Ryan, P.A., concerning the Lake Nelson issue. He explained that the property was located near the Public Services compound south of Stirling Road and east of Ely Blvd. and noted there were approximately 20 homes that surrounded a rectangular lake. He explained that all the houses except those on the north side butted right up against the lake and described how the houses on the north were separated from the lake by a paved alley and an old fence. He explained that the fenced needed repair but there was a question as to whether the City or the residents were responsible to have the fence repaired. City Manager Pato clarified that Code Enforcement had cited the property owners under the advice of Attorney Ryan. City Manager Pato reported that he agreed with Attorney Ryan's feeling that the fence should be fixed and they could determine whose responsibility it was at a later date. City Attorney Ansbro described the situation of a City sidewalk being built within Rev. Lewis' property by about 3 feet and reported that negotiations between the City and Rev. Lewis' attorney had not come to a satisfactory conclusion. City Attorney Ansbro noted that the City had agreed to work something out so that they would have provided a driveway to Rev. Lewis in exchange for the sidewalk encroachment. City Attorney Ansbro noted that Rev. Lewis's home was in a flood zone and he needed to agree to hold the City harmless for any flooding that occurred. He reported that Rev. Lewis was very angry about the situation, he had fired his attorney, and would no longer speak to anyone about it. Mayor McElyea offered to visit Rev. Lewis. 13.3 City Clerk— Meeting Reminder: March 18, 2004 @ 4:00 p.m. —Workshop 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 8:56 p.m. -- A C.K. MCELY MAYOR-COMMISSIONER ATTEST: LOUISE STILSON CITY CLERK Respectfully submitted by Jill Fiorentino APPROVED: April 13, 2004 MEETING 15 MARCH 9, 2004 CITY OF DANIA BEACH