HomeMy WebLinkAbout590 - MINUTES - City Commission MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
MARCH 23, 2004
1. CALL TO ORDER:
Mayor McElyea called the meeting to order at 7:00 p.m.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
*Rev. Timothy Shellman, St. Ruth Missionary Baptist Church.
3. ROLL CALL:
Present:
Mayor: C.K. McElyea
Vice-Mayor: Bob Mikes
Commissioners: Bob Anton
Robert Chunn
Pat Flury
City Attorney: Tom Ansbro
City Manager: Ivan Pato
Acting City Clerk: Miriam Nasser
4. PRESENTATIONS AND SPECIAL EVENT APPROVALS:
Mayor McElyea recognized World War II Veteran Lt. Colonel Leo Gray and had his picture
taken with him.
Commissioner Chunn stated that he was proud that Mr. Gray was a City of Dania Beach
resident and thanked him for his service to our country.
4.1 Recognizing Eula Gardner's retirement and her 30 years of service with the City
of Dania Beach. (Director of Community Development)
Laurence Leeds, Director of Community Development, outlined Miss Eula Gardner's 30-year
career with the City of Dania Beach and commended her for her dedicated service. LouAnn
Cunningham, Laurence Leeds, and Ken Koch presented her with a plaque.
Ms. Gardner accepted the honor and stated that she had enjoyed working for the City of Dania
Beach.
4.2 Presentation by Fire Department recognizing Chester "Butch" Bolton as
"Firefighter of the Month" as well as a commendation naming him "Firefighter of
the Year". (Deputy Fire Chief Michael Cassano)
MINUTES 1 MARCH 23, 2004
CITY OF DANIA BEACH
Michael Cassano, Deputy Fire Chief, explained the achievements of Captain Butch Bolton and
• recognized him as Firefighter/Paramedic of the Year 2004. Deputy Cassano stated that Capt.
Bolton had worked for the City of Dania Beach Fire Department for 26 years and outlined his
outstanding service to his department and community.
4.3 Employee Recognition Program "General Employee of the Month" Award for
February, 2004:
Fernando Vazquez, Director of Public Services, presented a plaque to Ahmad Thomas for his
job dedication and recognized him as "Employee of the Month."
5. PROCLAMATIONS: NONE
6. CITIZENS' COMMENTS:
6.1 Honey Malloy, 36 SW 5th Street, stated that there needed to be either speed bumps or a
traffic light outside Dania Beach Grille on Dania Beach.
6.2 Anne Castro, 838 NW 10 Avenue and president of the newly formed Melaleuca Gardens
Homeowners Association, stated that the primary concern that initiated the association was the
airport expansion and stated that Commissioner Anton and Commissioner Mikes had been
attending the Association meetings. She reported that County Commissioner Lieberman had
supported mitigation amounts of only $45 to $85 million dollars, which was a low estimate based
on only the 65 DNL line. She wanted to know the position of various Commissioners on the
issue of Airport Expansion mitigation.
Commissioner Chunn stated that he supported Melaleuca Gardens' residents in their struggle
on this issue 100 percent and he opposed the expansion of the runway.
Commissioner Flury felt the airport should not be expanded.
Mayor McElyea stated that he had always supported Melaleuca residents and he supported "no
expansion."
Ms. Castro asked Mayor McElyea to get more involved and asked Commissioners if they knew
anything about rezoning personal property and wondered if any of them owned any personal
properties associated with the airport.
Commission indicated in the negative. Mayor McElyea clarified that his company had interest
there, but that his children ran the company.
Commissioner Flury confirmed that no rezoning could take place without the authority of the City
of Dania Beach.
Vice-Mayor Mikes noted that Broward County was very aggressive and felt the County was
misrepresenting many items. He felt the airlines did not seem to be interested in the project and
noted that the North runway plan had less cost without condemning any homes. He reiterated
his position that perhaps Broward County wanted to take the land away from Dania Beach. He
noted that Dania Beach had the best attorneys and consultants to handle the situation.
•
MINUTES 2 MARCH 23, 2004
CITY OF DANIA BEACH
Commissioner Anton stated that Dania's Growth Management Department has had to contract
inspection services to Broward County and wanted residents to know that they did not need to
be alarmed every time they saw Broward County vehicles in the area. He confirmed that if the
County acquired property in that area, they would be responsible for the zoning of that area and
could have the areas rezoned to commercial even though it was adjacent to residential areas.
Commissioner Chunn reiterated his support of Dania neighborhoods on this issue.
6.3 Joe Van Eron, Triangle Village Civic Association, congratulated Melaleuca Gardens'
residents for their newly formed association and their commitment and dedication to a
potentially devastating issue. Mr. Van Eron stated that the Triangle Village Association was
now almost one year old and noted that they were excited about their redevelopment. He
stated their mission was to adopt a working relationship with the community in order to provide
and promote the civic, economic, cultural, and recreational resources within its boundaries. He
also noted that the goals were fourfold: 1) to create a vital plan for a village which balances the
interests of the homeowners, the landlords, businesses, renters, and visitors; 2) to engage an
experienced consultant to assist in conceptualizing a village plan; 3) to enlist the active
participation of all residents and business owners in the redevelopment process, and; 4) to take
appropriate action to make the village plan a reality. He outlined the steps that the association
had taken over the past year noted their comprehensive neighborhood redevelopment plan was
developed within the City's comprehensive plan. Mr. Van Eron reported that the Commission
had addressed the traffic safety issue by hiring a consultant and requested that the Commission
help fund that plan.
6.4 Charlene Scalese, 826 NW 13th Avenue, commented on the vehicle purchase in
Resolution 7.4 and asked to whom the vehicle was going. She questioned Ordinance 7.10
about an elected official being on the union retirement board; and on Resolution 9.8 she felt that
the construction waste facility did not belong in Dania Beach. In reference to Resolution 9.9,
she felt that Dania Beach Blvd. should not be expanded to six lanes. She indicated that she
agreed with Anne Castro's questions concerning the airport expansion and felt the airport had
not shown any need for the expansion.
ITEMS PULLED FROM THE CONSENT AGENDA: COMMISSIONER FLURY
PULLED 7.4 AND 7.5, VICE-MAYOR MIKES PULLED 7.6, MAYOR IVICELYEA
PULLED 7.9
7. CONSENT AGENDA (INCLUDING EXPENDITURES):
7.1 Minutes:
-Approval of minutes for Regular Meeting of February 24, 2004
7.2 Travel Expenditures: NONE
7.3 Bills: NONE
Resolutions —
7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO PURCHASE COMMUNICATIONS SOFTWARE TO
BE UTILIZED WITH MOTOROLA PT-800 FIELD COMMUNICATION TABLETS
. AT A COST OF $73,191.00; PROVIDING THAT THIS PRODUCT MAY BE
MINUTES 3 MARCH 23, 2004
CITY OF DANIA BEACH
PURCHASED THROUGH LI FEN ET/METRONIC/PHYSIO-CONTROL
• ("LIFENET') A COMMUNICATIONS SOFTWARE SOLE SOURCE PROVIDER,
WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR
BIDS; 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 DELIVER A LETTER TO THE CITY OF
HOLLYWOOD TERMINATING THAT CERTAIN "AGREEMENT BETWEEN CITY
OF HOLLYWOOD AND CITY OF DANIA BEACH, PROVIDING FOR
COOPERATIVE DISPATCH CENTER", EXECUTED ON MARCH 29, 1999;
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY TO CONTRACT FOR DISPATCHING SERVICES
THROUGH BROWARD COUNTY; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCES —TITLE TO BE READ BY CITY ATTORNEY—
7.10 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING
SECTION 18-46 OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR
THE APPOINTMENT OF A CITY COMMISSIONER TO THE BOARD OF
TRUSTEES OF THE CITY POLICE AND FIREFIGHTERS RETIREMENT
SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
• 7.11 A) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
CREATING SECTION 8-10 OF THE CITY CODE OF ORDINANCES TO BE
ENTITLED "VACANT RESIDENTIAL UNITS TO BE SECURED"; PRESCRIBING
SECURITY MEASURES TO BE TAKEN FOR VACANT RESIDENTIAL
BUILDINGS AND PROPERTY ACQUIRED FOR NON-RESIDENTIAL RE-USE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE. (FIRST READING)
B) AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO LANDSCAPING; CREATING SECTION 26-52.1 OF
CHAPTER 26 ("VEGETATION") OF THE CITY CODE OF ORDINANCES TO
PROVIDE THAT PARCELS IN RESIDENTIAL NEIGHBORHOODS LEFT
VACANT AFTER BUILDING DEMOLITION SHALL BE LANDSCAPED,
IRRIGATED, AND MAINTAINED UNTIL RE-DEVELOPED; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR
AN EFFECTIVE DATE. (FIRST READING)
City Attorney Ansbro read the Ordinance title for Item 7.10 and noted that this allowed Vice-
Mayor Mikes to sit on the Police and Firefighters Pension Board and noted that the Ordinance
was changed and now stated that the Commission "shall appoint' not "may appoint" a member
of the Commission to clarify any possibility of a misunderstanding.
City Attorney Ansbro read the Ordinance title for 7.11 a) and clarified that the fire marshal did
not need to be involved in that decision and that shutters would need to meet the State of
• Florida building code and painted to match the color of the building.
MINUTES 4 MARCH 23, 2004
CITY OF DANIA BEACH
City Attorney Ansbro read the Ordinance title for 7.11 b).
• A motion was made by Commissioner Chunn, seconded by Commissioner Anton, to
adopt the Consent Agenda with the exception of Items 7.4. 7.5, 7.6, and 7.9. The motion
passed on the following 5-0 roll call vote:
Mayor Anton —yes Vice-Mayor Mikes —yes
Commissioner Chunn —yes Mayor McElyea—yes
Commissioner Flury —yes
ITEMS PULLED FROM THE CONSENT AGENDA
7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO PURCHASE ONE 2004 CHEVROLET TAHOE
UTILITY VEHICLE IN AN AMOUNT NOT TO EXCEED $22,803.00 FROM ALAN
JAY CHEVROLET UNDER FLORIDA SHERIFFS' ASSOCIATION BID NO. 03-
11-0825, WITHOUT COMPETITIVE BIDDING AND WITHOUT
ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of the Resolution.
Commissioner Flury clarified that Chief Land was getting a new vehicle, not a replacement, and
that it was an addition to the fleet.
• Kenneth Land, City of Dania Beach Fire Chief, explained that they had the same number of
vehicles once the Bronco had been replaced and indicated that they needed it for the inspection
division and indicated the vehicle would also be used for other purposes.
Commissioner Flury noted that although this would not be an additional vehicle for the fire
department, it was an additional City vehicle and felt that the Commission needed to know
whether or not these vehicle purchases were replacements or additions to the City's fleet.
A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to
adopt Resolution 7.4. The motion passed on the following 5-0 roll call vote:
Mayor Anton —yes Vice-Mayor Mikes —yes
Commissioner Chunn —yes Mayor McElyea —yes
Commissioner Flury —yes
7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO PURCHASE A 2004 PIERCE CUSTOM ARROW XT
FIRE ENGINE IN THE AMOUNT OF $385,673.04, FROM TEN-8 FIRE
EQUIPMENT INC., UNDER SOLE SOURCE VENDOR FOR PIERCE
APPARATUS, WHICH PRICE INCLUDES TRADE ALLOWANCE FOR 1988
PIERCE ARROW FIRE TRUCK, WITHOUT COMPETITITVE BIDDING AND
WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
• City Attorney Ansbro read the title of the Resolution.
MINUTES 5 MARCH 23, 2004
CITY OF DANIA BEACH
Commissioner Flury confirmed that the traded vehicle would be leaving the City and that the
trade-in value of the truck was $18,000.00 and the prepayment discount was $12,500.00.
A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to
adopt Resolution 7.5. The motion passed on the following 5-0 roll call vote:
Mayor Anton —yes Vice-Mayor Mikes—yes
Commissioner Chunn —yes Mayor McElyea —yes
Commissioner Flury —yes
7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO PURCHASE A RADIO COMMUNICATIONS
PACKAGE FROM MOTOROLA AT A COST OF $348,529.08; PROVIDING
THAT SUCH EQUIPMENT MAY BE PURCHASED THROUGH MOTOROLA, A
SOLE SOURCE PROVIDER, UNDER BROWARD COUNTY CONTRACT NO.
D1TL1007; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
City Attorney Ansbro read the title of the Resolution.
Vice-Mayor Mikes asked Chief Land to explain the reason that the City was taking the step to
change radio communication.
Kenneth Land, City of Dania Beach Fire Chief, introduced Deputy Chief Michael Cassano.
• Michael Cassano, Deputy Fire Chief, reported that the City currently contracted to the City of
Hollywood for dispatch service and that Hollywood was switching to a print-track CAD system
requiring Dania to convert to Motorola radio equipment. Deputy Chief Cassano explained that it
was the same system currently in use by Broward County Dispatch. He noted that City and the
Fire Department felt it was best to enter into an agreement with Broward County for dispatch
services at no charge and use the money that they would have paid Hollywood dispatch to pay
for the new radio equipment.
Vice-Mayor Mikes confirmed that dispatch service would continue to be offered by Broward
County on a "no-charge" basis.
Deputy Chief Cassano stated that Broward County had provided services to ten cities for over
15 years and had not charged any extra for their service. He clarified that Broward County
charged everyone in Broward County for dispatching service and some cities opted to take
advantage of the service and others had not.
Commissioner Flury was not completely happy with Broward County BSO Dispatch Service and
was concerned that the same problems would be experienced by the Fire Service. She noted
that there were no complaints about Hollywood dispatch service.
Deputy Chief Cassano confirmed that they had no problems with Hollywood dispatch and
assured the Commission that if the City was not satisfied with the level of service provided by
Broward County they would have services with Hollywood renegotiated with a 60-day written
notification to Broward County.
MINUTES 6 MARCH 23, 2004
CITY OF DANIA BEACH
Commissioner Anton confirmed that Dania saved $30,000 per year by switching to Broward
County dispatch service.
Deputy Chief confirmed that it cost at least $12,000 per year to maintain the older radios and
the City saved $25,000 per year on debt service for a brand new radio system and noted that in
five years, $125,000 would be saved. He also noted features that were available with this
system that were not available with the current system. He was delighted that the Fire
Department had the opportunity for more service for less money.
A motion was made by Commissioner Chunn, seconded by Vice-Mayor Mikes, to adopt
Resolution 7.6. The motion passed on the following 5-0 roll call vote:
Mayor Anton —yes Vice-Mayor Mikes —yes
Commissioner Chunn —yes Mayor McElyea —yes
Commissioner Flury —yes
7.9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, EXTENDING THE EXPIRATION TIME OF THE TERM OF
CERTAIN MEMBERS ON THE CIVIL SERVICE BOARD TO NO LATER THAN
JULY 1, 2004; SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR
CONFLICTS; FURTHER PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the revised Resolution title. City Attorney Ansbro explained that if a
new Civil Service Board was created as the Commission had directed at the workshop, the old
board members' terms be expired.
• A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to
adopt Resolution 7.9. The motion passed on the following 5-0 roll call vote:
Mayor Anton —yes Vice-Mayor Mikes —yes
Commissioner Chunn —yes Mayor McElyea —yes
Commissioner Flury —yes
8. BIDS AND REQUESTS FOR PROPOSALS: NONE
9. PUBLIC HEARINGS AND SITE PLANS:
At this time, City Attorney Ansbro advised that the next several applications under the Public
Hearing section were Quasi-judicial matters and that all witnesses wishing to speak on any of
the zoning issues 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 requests.
9.1 PL-69-03 — Request by Moises Gorin, on behalf of Villas at Oak Hammock, LLC.,
for a perimeter plat for property located at 5353 SW 40'h Avenue.
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
MINUTES 7 MARCH 23, 2004
CITY OF DANIA BEACH
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. (SECOND READING)
City Attorney Ansbro read the title of the Ordinance.
Corrine Church, Principal City Planner, explained that this was a plat request and indicated that
there were currently three existing structures on the site; at least two of which appeared to be
vacant. She explained that the site was approximately five and one-half acres and was zoned
RM-15 (residential multi-family) and that the land-use allowed the same. She described the
area surrounding the property and reported that the park impact fees for this property were
$51,340 and were required to be paid prior to the issuance of the building permit. City Planner
Church explained that Staff had reviewed the plat and outstanding items were identified and
listed as conditions. She stated that the Planning & Zoning Board had reviewed the item and
recommended approval with the following Staff conditions: 1) Plat to show 15' perimeter utility
easement; 2) Plat to restrict use to 27 townhouse units; 3) Plat to include all language required
by Broward County; 4) City Commission must accept the appraisal dated December 29, 2003;
and, 5) Payment of$51,340.00 for park impact fees.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor
McElyea closed the public hearing.
In response to Commissioner Flury's question regarding Park Impact Fees and accepting land
rather than money to provide green space, Community Development Director Lawrence Leeds
explained that the code required 40 percent green space be provided and that the land
dedication had not changed the green space requirement. He asked Kristen Jones to address
the issue.
Kristen Jones, Parks and Recreation Department, explained that the lot of 7,000 square feet
was not a good place for a park or tot lot and indicated that staff were not available to supervise
it.
Commissioner Flury felt that was an unacceptable rationale for not preserving green space and
noted that cities all over the country were preserving green space.
Vice-Mayor Mikes agreed with Commissioner Flury and asked if the Commission could require
an easement on the property for the association to assume liability and maintenance of it.
City Attorney Ansbro explained the purpose of Park Impact Fees and stated that they could not
use Park Impact Fees to return property to the people. After Vice-Mayor Mikes restated the
question, City Attorney Ansbro offered to look into the issue.
Director Leeds explained the ordinance structure and stated that the Commission could either
require the 7,000 square-foot lot or the Park Impact Fee. He noted that if they required the
developer to set aside the lot, it was in addition to the 40 percent green space requirement. He
also noted that in order to provide the proper public access, the "tot" lot had to be located on
40th Avenue, which was not a good location.
Vice-Mayor Mikes still wanted an oasis and was not concerned about the Park Impact Fees.
Director Leeds stated that the developer had to show the park on the plat.
MINUTES 8 MARCH 23, 2004
CITY OF DANIA BEACH
• Commissioner Flury wanted to see some creative use of green space.
Gary Bloom, GGB Engineering representing the applicant, explained the lengthy site plan
review procedure they had gone through with City personnel. He felt that to bring this up at this
late date created a hardship to the developer.
Director Leeds clarified that the site plan had not been approved at this point.
Engineer Bloom stated that the Staff had seen and reviewed the site plan and had
recommended that the applicant pay the impact fees since they felt the 7,000 square feet could
not have been used for a park. He indicated that now, at the second reading, it was too late to
make those changes. He felt the property was useless to the residents, as well as, a burden for
the City to maintain and thought the City benefited more from the payment of the impact fees.
A motion was made by Mayor McElyea, seconded by Commissioner Chunn, to adopt the
Ordinance on second reading with the following conditions: 1) Plat to show 15'
perimeter utility easement; 2) Plat to restrict use to 27 townhouse units; 3) Plat to include
all language required by Broward County; 4) City Commission must accept the appraisal
dated December 29, 2003; and, 5) Payment of$51,340.00 for Park Impact Fees.
Vice-Mayor Mikes accepted the gavel from Mayor McElyea, opened the motion up for
discussion, and asked Commissioner Flury how she felt.
Commissioner Flury did not wish to create a hardship for the applicant but stated that she would
® continue to bring this issue up in future projects.
Director Leeds explained that the applicant had no assurance of Commission action until the
review and felt that his expectation that he would not have the land dedicated was incorrect and
his desire to move ahead with the site plan before he received plat approval was done at his
own risk.
In response to Commissioner Anton's question, Director Leeds stated that his office had
recommended the collection of the fee instead of requiring the land because of the small size of
the land and liability the City had for the property.
Commissioner Anton suggested that in future cases the client should be made aware
beforehand that green space may be required by the Commission. He asked the city attorney
to review whether or not the City could control the land and turn it over to the development for
maintenance.
City Attorney Ansbro stated that a professor was being hired to review impact fees and that this
issue would be brought to his attention and that other Cities' handling of "vest pocket" parks
would be investigated.
Vice-Mayor Mikes suggested that the city attorney research what other municipalities did in
these cases.
MINUTES 9 MARCH 23, 2004
CITY OF DANIA BEACH
The motion passed on the following 5-0 roll call vote:
Mayor Anton —yes Vice-Mayor Mikes—yes
Commissioner Chunn —yes Mayor McElyea— yes
Commissioner Flury —yes
Vice-Mayor Mikes returned the gavel to Mayor McElyea.
9.2 PL-57-03 — Request by Daniel A. Fee, P.E., representing Habitat for Humanity,
for a preliminary plat approval for the construction of 18 single family homes
located on the south side of SW 45th Street between Ravenswood Road and SW
24th Avenue.
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, APPROVING THE
"SHELDON PLAT", SUCH PROPERTY BEING GENERALLY LOCATED ON SW
45T" STREET BETWEEN RAVENSWOOD ROAD AND SW 24T" 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 THE "SHELDON PLAT"; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(SECOND READING)
City Attorney Ansbro read the title of the Ordinance.
• Laurence Leeds, Director of Community Development, described the location of the property off
of SW 45th Street that had been obtained by Habitat for Humanity as a single-family residential
subdivision. Director Leeds described the proposed plat of 18 single-family lots on a cul-de-sac
and reported that the plat plan complied with the current zoning requirements of a Low 5
Residential. He indicated that the formula for the Park Impact Fee brought that amount to
$21,600 and the City Commission had the option of accepting either the money or a land
dedication of approximately 7,000 square feet. He noted that if the Commission decided to
accept the funds in lieu of the land dedication, they had to accept the appraisal and the City had
to make some technical changes. Director Leeds also stated that due to the location of the
property, a new condition had to be added that the plat included language disclosing the
proximity of this property to the South Runway and the noise levels of the possible South
Runway extension. Director Leeds recommended approval subject to five conditions.
Commissioner Anton was concerned that this project was in the 65 DNL zone and could be
halted because of the airport expansion.
Director Leeds explained that the City had not been given any specific geographical limits
concerning the Airport Expansion and he did not know what to expect.
Commissioner Anton was also concerned about Habitat for Humanity projects being funded by
public funds and felt the airport issue needed to be resolved.
Mayor McElyea opened the public hearing.
• Erick Padron, 4572 SW 24th Avenue, stated that this plat was in his backyard and he had talked
with Habitat for Humanity personnel and he had no major problem with the project. He was
MINUTES 10 MARCH 23, 2004
CITY OF DANIA BEACH
concerned about the airport issues and wondered if he should go ahead with the remodeling of
his house.
Commissioner Anton felt that residents in that area should go ahead with home improvements,
but they should not do anything that might double the value of their homes.
Faye Bartelmes, 214 SW 2nd Terrace, felt that Habitat for Humanity should be built there and it
provided more voices against that airport. She appreciated the fact that poor people were being
helped.
Courtney Crushten, Habitat for Humanity, described the process that they had gone through to
inform the public of this project. She noted that they were not funded with public money and
described how the program worked. She reported that Broward County had assured them that
this project was not affected by the airport. She noted that there was plenty of open space
within the project and confirmed that no variances were requested.
Commissioner Chunn reported that in areas where Habitat for Humanity had built homes, crime
had been reduced and stated that he supported the project.
Ms. Crushten reported that they had negotiated an easement with Broward County and clarified
that they preferred to pay the impact fees than to dedicate land.
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
• adopt the Ordinance on second reading with the following five conditions: 1) City
Commission accept the submitted appraisal dated December 29, 2003; 2) Payment of
21,600.00 for payment of park impact fees; 3) Change signature title for Planning and
Zoning Advisory Board to "Chairperson;" 4) Survey to be revised to reflect all
encumbrances of record; and 5) Plat include language disclosing the proximity of this
property to the South Runway and the noise levels of the possible South Runway
extension. The motion passed on the following 5-0 roll call vote:
Mayor Anton —yes Vice-Mayor Mikes—yes
Commissioner Chunn —yes Mayor McElyea —yes
Commissioner Flury —yes
9.3 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.
(SECOND READING)
City Attorney Ansbro read the title of the Ordinance.
•
MINUTES 11 MARCH 23, 2004
CITY OF DANIA BEACH
Laurence Leeds, Director of Community Development, reminded the Commission that this was
the second reading of four Ordinances, which City Attorney Ansbro had requested be dealt with
individually. Director Leeds explained that the first Ordinance amended the list of permitted and
special exception uses within the City's "C" districts. He reported that those changes included
the following: 1) prohibiting certain uses that were not supportive of the Community
Redevelopment District along US 1 and the Dania Beach corridor, 2) allowing assembly, repair,
and fabrication of pre-manufactured home furnishings (art objects, clothing, leather goods, and
jewelry) within the same area, the total square footage devoted to this are be no more than
1,000 square feet per store; 3) outdoor restaurant seating would require special exception
approval; 4) allowing outdoor storage as a special exception in district C-4 only.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor
McElyea closed the public hearing.
A motion was made by Commissioner Flury, seconded by Commissioner Chunn, to
adopt the Ordinance on second reading.
In response to Vice-Mayor Mikes question about the City's control of outdoor storage, Director
Leeds described the specific outdoor storage requirements.
City Attorney Ansbro stated that he was satisfied with the amount of control the City had with
this Ordinance.
The motion passed on the following 5-0 roll call vote:
Mayor Anton —yes Vice-Mayor Mikes —yes
Commissioner Chunn —yes Mayor McElyea —yes
Commissioner Flury —yes
9.4 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. (SECOND READING)
City Attorney Ansbro read the title of the Ordinance.
Laurence Leeds, Director of Community Development, explained that the current 30-year old IG
zoning regulations were inadequate to assure proper development on IG parcels adjacent to
residential areas. He noted that they had excluded outdoor recreation uses and waste
collection and treatment facilities from this district entirely. He explained that power plants,
waste-water facilities, & transportation terminals were classified as special exceptions subject to
a 1500-foot residential spacing requirement, and boat repair and manufacturing now included
provisions for residential spacing.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor
• McElyea closed the public hearing.
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CITY OF DANIA BEACH
A motion was made by Commissioner Chunn, seconded by Commissioner Flury, to
adopt the Ordinance on second reading. The motion passed on the following 5-0 roll call
vote:
Mayor Anton —yes Vice-Mayor Mikes —yes
Commissioner Chunn —yes Mayor McElyea —yes
Commissioner Flury —yes
9.5 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. (SECOND READING)
City Attorney Ansbro read the title of the Ordinance.
Laurence Leeds, Director of Community Development, explained that this Ordinance amended
the Industrial-Research-Office (IRO) zoning district and noted that these where basically
housekeeping changes designed to make the IRO more compatible with the Industrial-
Research-Office-Marine (IROM) zone.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor
McElyea closed the public hearing.
• A motion was made by Commissioner Anton, seconded by Commissioner Chunn, to
adopt the Ordinance on second reading. The motion passed on the following 5-0 roll call
vote:
Mayor Anton —yes Vice-Mayor Mikes —yes
Commissioner Chunn —yes Mayor McElyea —yes
Commissioner Flury —yes
9.6 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. (SECOND READING)
City Attorney Ansbro read the title of the Ordinance.
Laurence Leeds, Director of Community Development, stated that the purpose of the
Ordinance was to remove the parking exception for restaurants in the downtown area.
He noted that City Attorney Ansbro had advised him that this special treatment of
restaurants created a conflict with other businesses.
• City Attorney Ansbro stated that this recommendation came from the land-use attorneys
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CITY OF DANIA BEACH
in response to new federal regulations.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor
McElyea closed the public hearing.
A motion was made by Commissioner Chunn, seconded by Commissioner Anton, to
adopt the Ordinance on second reading. The motion passed on the following 5-0 roll call
vote:
Mayor Anton —yes Vice-Mayor Mikes —yes
Commissioner Chunn —yes Mayor McElyea — yes
Commissioner Flury —yes
9.7 a) SP-64-03 — Request by Ronald Tomecek, on behalf of Equal Six
Corporation, for site plan approval to construct two (2) industrial restricted (IR)
buildings and associated parking at 600 block of Phippen/Waiters Road.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE SITE PLAN REQUEST SUBMITTED BY RONALD TOMECEK, ON
BEHALF OF EQUAL SIX CORP. FOR PROPERTY LOCATED AT 600
PHIPPEN/WAITERS ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
b) VA-04-04 — Request by Ronald Tomecek, on behalf of Equal Six
Corporation, for a variance to allow a four (4) foot high picket fence with five (5)
foot columns, maximum allowed is four (4) feet, at front of property located at 600
Phippen/ Waiters Road.
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY RONALD TOMECEK, ON BEHALF OF
EQUAL SIX CORPORATION, FROM CHAPTER 28, ZONING, ARTICLE 5.36
"WALLS, FENCES AND HEDGES", FOR PROPERTY LOCATED AT THE 600
BLOCK OF PHIPPENM/AITERS ROAD (LOT 6, BLOCK 1 COLLEGE TRACT,
FIRST ADDITION AND ALL OF TRACT "G" COLLEGE TRACT, THIRD
ADDITION)., DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the Resolutions by title.
Corrine Church, Principal City Planner, indicated that the applicant requested a site plan and a
variance and described the location of the property. She noted that it had been zoned restricted
industrial for the past 22 years and indicated it also had an industrial land-use designation. City
Planner Church indicated that the property was vacant and had residential areas bordering it to
the North and West and Railroad tracks to the East. She explained that the applicant desired to
build two industrial buildings, as well as, associated parking and indicated that the following plan
exceeded many minimum development standards that were established in the code including
landscape buffers, pervious area, and setbacks. City Planner Church explained that the
applicant had revised that fence plans since meeting with area residents and modified it. She
stated that they now requested the variance to accommodate the five-foot columns supporting a
four-foot picket fence. She reported that the College Gardens Neighborhood Homeowners
Association supported the project and read the letter from association president, Brenda
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CITY OF DANIA BEACH
Blackman. She stated that the Planning & Zoning Board had recommended approval with the
iscondition that the applicant meet with the Homeowners association. She also reported that
Staff recommended approval with the condition that the site plan be modified to allow only
permitted uses in the IR zoning district. She indicated that the Planning & Zoning Board had
recommended denial of the fence variance, but reported that the fence height had been reduced
and now only the columns exceeded the maximum height by one foot.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor
McElyea closed the public hearing.
A motion was made by Commissioner Chunn, seconded by Vice-Mayor Mikes, to adopt
Item 9.7 with the following conditions: 1) That the applicant meet with the Homeowners
association prior to the City Commission meeting to review the development and to
make a recommendation regarding the fence height; 2) The site plan be modified to allow
only permitted uses allowed in the IR zoning district; 3) The fence remain at four feet, the
columns may be five feet; 4) The hedge around the fence not exceed the height of the
fence along Phippen Road; and 5) That the condominium document should reflect what
is allowed under the zoning.
In response to Commissioner Anton's question, Ronald Tomecek (applicant) stated that he
desired to build condominium/warehouses, some rented but most sold. He agreed with Staff to
confine the sales to construction trades.
The motion passed on the following 5-0 roll call vote:
Mayor Anton —yes Vice-Mayor Mikes —yes
Commissioner Chunn —yes Mayor McElyea — yes
Commissioner Flury —yes
9.8 ZA-13-04 — John C. Rayson, Esq., representing Charles Gusmano and the
Lawrence Blair Isgette Estate, appeals the decision of the Community
Development Director that a construction waste recycling facility is not listed as a
permitted or special exception use within the Industrial Research Office Marine
("IROM") Zoning District. Property located between SW 30th Avenue and SW
261h Terrace, south of 1-595 and directly south of the Isgette's Lake Plat.
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING
THE ZONING APPEAL REQUEST SUBMITTED BY JOHN C. RAYSON, ESQ.
REPRESENTING CHARLES GUSMANO AND THE LAWRENCE BLAIR
ISGETTE ESTATE, FOR PROPERTY GENERALLY LOCATED BETWEEN SW
30TH AVENUE AND SW 26T" TERRACE, SOUTH OF 1-595 AND DIRECTLY
SOUTH OF THE ISGETTE'S LAKE PLAT, DANIA BEACH; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of the Resolution.
Laurence Leeds, Director of Community Development, reviewed the background of the March
1998, Sun Recycling site plan approval and described the operation of this
construction/demolition waste recycling facility at 3251 SW 26th Terrace. He noted that, at the
• time of approval, the area was zoned Broward County M-2 (Medium Industrial) and in August
2000 all M-2 properties were rezoned to Industrial-Research-Office-Marine (IROM). He
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CITY OF DANIA BEACH
explained that the IROM district specifically prohibited "solid waste transfer, processing,
recycling, or disposal facilities" and indicated that the existing recycling operation was a legal,
non-conforming use and could not be expanded. Director Leeds stated that the applicant had
requested permission to expand the recycling operation to allow the deposit of fill in the Isgette
Lake and he felt that this was an unlawful expansion of a non-conforming use and could not be
allowed. Director Leeds explained that the applicant was appealing this decision and indicated
that if the Commission granted the appeal, it extended the life of the existing recycling
operation, which created airborne dust and debris. He stressed that the purpose of IROM
zoning encouraged uses that were conducted within enclosed buildings and which had limited
impact outside of the buildings. Director Leeds noted that if the Commission granted the
appeal, the applicant had to obtain consent of all parties who had interest in the common lake
area. He further explained the applicant's past history of code violations and recommended
that the appeal be denied purely from a zoning standpoint.
Commissioner Anton was concerned that filling in the lake complicated the flooding problem in
that area.
Vice-Mayor Mikes stated he was opposed to this project from the very beginning and recalled
complaints from neighboring businesses. He indicated that he opposed the facility and felt the
sooner it was out of there, the better.
Mayor McElyea opened the public hearing.
Charles Brady, John Rayson Law Offices, read a portion of a letter from Sun Recycling stating
the benefits the City experienced including the following: 1) the applicant's intention to fill the
lake with clean fill in accordance with the DPEP and DEPA; 2) the applicant intended to develop
in accordance with the City code of Dania Beach specifically section 28.120 in chapter 27; 3)
the applicant expressed the desire to enter into a development agreement with the City, which
would allay any apprehensions regarding what would be developed on it. The letter stated that
the Staff analysis was correct to point out that expanding the applicant's current use to the
appeal parcel expanded the non-conforming use, however, the applicant did not intend to
expand the current operation to the appeal parcel. The letter further stated that the applicant
understood the prohibition set forth in section 27.30 of the City Code of Dania Beach. Attorny
Brady stated that by allowing the infill of the lake with the applicant's clean, properly-regulated,
and tested fill following goals would be accomplished for the City: increase the tax base,
increase ad valorem taxes, spur economic growth in the IROM district, develop in accordance
with the purpose of the IROM district, and develop projects that the City Commission of 2000
had designed the IROM district for. He stressed that traffic would not be increased, the fill was
obtained from the current site, and the non-conforming use would not be expanded. Mr. Brady
noted that in 1993, Broward County had approved the filling of the lake project and that the
applicant, by coincidence, happened to be the owner of the property to the North. He stressed
that the appeal property would be filled pursuant to regulations and it created developable land
for the City.
Philip Medico, Sun Recycling and Southern Waste Systems, felt it was important for the
Commission to understand the position of the company. He stated that the facility was a
permanent construction and demolition debris facility accompanied with a permanent lake fill.
He reported that they were properly permitted by Broward County DPEP and the Department of
Environmental Protection through the State of Florida. He stressed that they processed only
unearthed material and noted that Sun Recycling was the largest processor of construction and
0 demolition debris in the State of Florida. He indicated that they were a responsible facility with
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CITY OF DANIA BEACH
the best available technology in the marketplace and complied with all state statutes and
governmental regulations. He assured the Commission that the company was not expanding
their facility and reiterated the benefit that the City would accomplish in having the lake filled
properly.
Vice-Mayor Mikes stated that he was very leery of continuous fill operations and the ability to
police them and was concerned about the flooding of the area if the lake was filled in.
A motion was made by Vice-Mayor Mikes, seconded by Commissioner Chunn, to deny
the appeal and support the staff recommendation.
Mayor McElyea and City Attorney Ansbro indicated that this was a public hearing and that the
other people waiting to speak must be heard before the motion could be addressed.
Norman Leonard, on behalf of the people selling the land, stated that the land had previously
been authorized to be filled. He noted that Sun Recycling had requested to fill this land and
indicated that they were in compliance with all the rules and regulations of Broward County. He
stressed that if Sun Recycling filled the lake, no additional truck traffic would be coming into the
area.
John Naser, an attorney representing the owners of the property South and East of the subject
parcel, stated that they had no objection to the request.
Dr. Medico invited Vice-Mayor Mikes to visit the facility at any time and assured the Commission
that there were no violations. He felt the Commission should consider the private property
• owner's rights to have the lake filled and assured the Commission that they were not a slip-shod
operation.
Hearing no one else speak in favor or opposition, Mayor McElyea closed the public hearing.
The motion passed on the following 5-0 roll call vote:
Mayor Anton —yes Vice-Mayor Mikes —yes
Commissioner Chunn —yes Mayor McElyea —yes
Commissioner Flury —yes
9.9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, URGING THE METROPOLITAN PLANNING
ORGANIZATION (THE "MPO") TO AMEND ITS LONG RANGE
TRANSPORTATION PLAN BY REDUCING THE NUMBER OF TRAVEL LANES
ON DANIA BEACH BOULEVARD (EAST OF NE/SE 1ST AVENUES) FROM SIX
LANES TO FOUR LANES; PROVIDING FOR CONFLICTS; FURTHER
PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of the Resolution.
Laurence Leeds, Director of Community Development, reminded the Commission that in
September 2002, they had approved a Community Redevelopment Plan for downtown Dania
Beach, which included the reduction of the number of travel lanes on Dania Beach Blvd. from
six to four. He stated that in order to qualify for funding from the Florida Department of
• Transportation (FDOT), the City needed to amend its Long Range Transportation Plan and
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CITY OF DANIA BEACH
appear before the MPO to request the amendment. Director Leeds felt that this process was
only necessary for the widening of a road, but indicated that FDOT said they had to and MPO
had indicated they would defer to FDOT. He needed a recommendation from the Commission
that stated what they had proposed to do one-year ago.
Mayor McElyea opened the public hearing. Hearing no one speak in favor or opposition, Mayor
McElyea closed the public hearing.
A motion was made by Commissioner Anton, seconded by Commissioner Chunn to
adopt the resolution. The motion passed on the following 5-0 roll call vote:
Mayor Anton —yes Vice-Mayor Mikes —yes
Commissioner Chunn —yes Mayor McElyea — yes
Commissioner Flury —yes
Director Leeds clarified for the public that the six-lane area east of Pirates Inn all the way to
Gulfstream Road would be reduced to four lanes. He noted the plan included reducing the
speed limit, widening the sidewalks, and improving the landscaping. He reiterated that they
were not widening the road.
10. COMMISSION COMMENTS:
10.1 Commissioner Anton requested that the flooding problem on 32"d Street possibly created
by the construction of 1-595 be investigated.
• Commissioner Anton congratulated Main Street and City Staff and Personnel for their
successful Tomato Festival. He stated that he had enjoyed his participation in the Tomato
Fight.
10.2 Commissioner Chunn thanked God for His kindness to him and stated that he enjoyed
using his position to help people in need. He thanked Joanne Brave, Terry Peterson, ABC Thrift
Store, Mayor McElyea, and others who had donated things to the less fortunate. He looked
forward to the Habitat for Humanity project and thanked the people who raised money for the
park. He loved the generosity of Dania Beach residents.
10.3 Commissioner Flury confirmed that progress was being made on the Linear Park project.
10.4 Vice Mayor Mikes felt Staff should be directed to spend the funds needed for the Linear
Park project and felt the project should be moved forward.
City Manager Pato noted the progress being made and stated that he had shown Mr. Vazquez
the area and had explained the plan to him.
Vice-Mayor Mikes stated that he had attended the Airport Board meetings and felt that the
Airport Board should get copies of any Broward County correspondence that Commissioners
received relative to the airport issue.
Vice-Mayor Mikes confirmed that Melaleuca entrance had been started.
. Vice-Mayor Mikes noted that the City did not need as big a water tower as anticipated.
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CITY OF DANIA BEACH
Fernando Vazquez, Director of Public Services, explained that the two million gallon water
storage tank was not necessary and that the tank could be reduced to 1.5 million gallons, which
reduced the size and cost of the tank.
10.5 Mayor McElyea commented on his participation in the Bass Pro Shop area's
World Water Sport ribbon cutting.
Mayor McElyea stated that City Manager Pato did an excellent job at times, but indicated
he wanted to fuss at him a little bit about having the stairs and tile cleaned at the City
Hall entrance.
City Manager Pato stated that it would be taken care of.
Commissioner Flury confirmed with Public Services Director Vazquez that the RFP for
the water tower was being held back and noted that she had not noticed anything in it
about the City Logo painted on the tower.
Director Vazquez stated that they were re-evaluating the RFP and it would be included
in the next RFP.
11. DISCUSSION AND POSSIBLE ACTION:
11.1 Discussion of setting public hearing in April to discuss potential issues relating to the
evaluation of the Comprehensive Plan as required by the State of Florida Department of
Community Affairs. (Community Development Department)
• Laurence Leeds, Director of Community Development, stated that Florida Statutes required the
City to periodically re-evaluate its Comprehensive Land-Use Plan for major citywide projects
such as redevelopment in Old Dania and the impact of the airport expansion on the City. He
indicated that it was a year-long process and requested that the first public hearing be held on
either April 22, 2004 or April 28, 2004.
Commissioner Anton suggested April 28, 2004.
Commissioner Chunn stated either date was fine with him.
Commissioner Flury suggested the Staff check with Commissioners in the morning.
Director Leeds agreed and clarified that this was a totally separate item from the CRA process.
12. APPOINTMENTS:
12.1 Appointment of 3 members to the Airport Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF THREE 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".
Commissioner Chunn appointed Claude Davis, Jr.
• 12.2 Appointment of 1 Alternate member to the Code Enforcement Board.
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CITY OF DANIA BEACH
"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."
NONE
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".
Commissioner Chunn appointed Kimberly Davis.
12.4 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".
NONE
• 12.5 Appointment of 2 members to the Parks, Recreation & Community Advisory
Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND AFFIRMING
THE APPOINTMENT OF TWO MEMBERS TO THE "PARKS, RECREATION & COMMUNITY
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".
NONE
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."
NONE
•
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CITY OF DANIA BEACH
A motion was made by Commissioner Anton, seconded by Commissioner Chunn to
approve the appointments. The motion passed on the following 5-0 roll call vote:
Mayor Anton —yes Vice-Mayor Mikes—yes
Commissioner Chunn —yes Mayor McElyea—yes
Commissioner Flury —yes
13. ADMINISTRATIVE REPORTS:
13.1 City Manager Pato gave Commissioners a drawing of the one-story version of the Pier
Restaurant that he had received only moments before the meeting and requested Commission
approval.
The consensus was to wait until an architectural rendering was available.
Ken Koch, Building Official, explained that at this stage in the process an architectural rendering
was not available and that in order to have one drawn, the City had to add a step to the contract
with the architect.
The consensus of the Commission was to obtain a preliminary architectural rendering before
taking further action.
13.2 City Attorney updated the Commission on the Harbour Towne lease agreement
negotiations and explained that the two-month delay was caused by the serious illness of one of
the Harbour Towne decision makers.
13.3 City Clerk— Meeting Reminder:
April 13, 2004 @ 7:00 p.m. - Regular City Commission Meeting
April 27, 2004 @ 7:00 p.m. — Regular City Commission Meeting
14. ADJOURNMENT
The meeting adjourned at 10:15 p.m.
C.K. MCE A
MAYOR-C MMISSIONER
ATTEST:
LOUISE STILSON
CITY CLERK
Respectfully submitted by Jill Fiorentino
APPROVED: April 13, 2004
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