HomeMy WebLinkAbout592 - MINUTES - City Commission MINUTES
DANIA BEACH CITY COMMISSION
REGULAR MEETING
APRIL 13, 2004
1. CALL TO ORDER:
Vice-Mayor Mikes called the meeting to order at 7:13 p.m.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
*Pastor Mario Cinelli, Lighthouse Community Church.
3. ROLL CALL:
Present:
Vice-Mayor: Bob Mikes
Commissioners: Bob Anton
Robert Chunn
Pat Flury
City Attorney: Tom Ansbro
City Manager: Ivan Pato
City Clerk: Louise Stilson
Absent:
Mayor: C.K. McElyea (excused)
A motion was made by Commissioner Anton, seconded by Commissioner Chunn,
to excuse Mayor McElyea from the meeting due to illness. The motion passed on
the following 4-0 roll call vote:
Commissioner Anton —yes Commissioner Flury —yes
Commissioner Chunn —yes Vice-Mayor Mikes —yes
City Manager Pato introduced Louise Stilson, the new City Clerk and outlined her past
work experience and qualifications. He thanked Miriam Nasser for her excellent work
filling in over the past few months. He asked the Director of Human Resources to
present Acting City Clerk Nasser with a Certificate of Appreciation.
4. PRESENTATIONS AND SPECIAL EVENT APPROVALS:
4.1 Presentation by Katherine DiBona, Dania Elementary School, recognizing
the Kiwanis Club.
Kathy DiBona, Dania Elementary School, showed a historical rendition of the school
property that the children had studied and that was displayed in the school. She
MINUTES 1 APRIL 13, 2004
CITY OF DANIA BEACH
presented one child's drawing of the school, which honored its 91 st anniversary, and
requested that it be displayed at City Hall. She then acknowledged the Kiwanis Club for
their exceptional donation of $3,000 last year that was used to initiate the building of a
Child's Peace Center that was named in memory of Carol McElyea. She noted that on
April 24, 2004 the Kiwanis Club will be holding their golf tournament that benefited the
building of the center. Mrs. DiBona presented an award and child's poem to Rose
Lizana, Vice-President of the Kiwanis Club. She acknowledged Mary Jo Terminello,
who had helped to rebuild the grounds around the school and noted that she had been
twice named the Broward County Environmental Educator of the Year, which had led to
the school being awarded the International Epcot Gardening Award for three
consecutive years. As Ms. Mary Jo Terminello distributed a recycling calendar made by
the Kiwanis Kids (K.Kids), Ms. DiBona announced the Monte Carlo Night fundraiser at
DCOTA on May 1, 2004.
5. PROCLAMATIONS:
5.1 A Proclamation declaring the week of April 12- 18, 2004, as "Community
Development Week" in the City of Dania Beach.
City Manager Pato read the proclamation.
5.2 A Proclamation declaring the week of April 18 -24, 2004, as "Dania Beach
Crime Victims' Week".
City Attorney Ansbro read the proclamation.
5.3 A Proclamation declaring May 29, 2004 as "Poppy Day" in the City of
Dania Beach.
An American Legion representative read the proclamation.
6. CITIZENS' COMMENTS:
6.1 Fay Bartelmes, 214 SW 2"d Terrace, was upset about negative comments she
had read about the City of Dania Beach in the newspaper and stated she was proud of
her city. She was thankful for Georgia East's straight reporting and commended the
Commission for their great job.
6.2 Zachary Adams, 837 Argonaut Isle, found the movement by Commissioner
Chunn to remove Ivan Pato from his position as City Manager very offensive. He stated
that he felt Mr. Pato was knowledgeable, competent, and responsive.
6.3 Lisa Young, 124 S. Federal Highway, thanked City Manager Pato and city staff
for their assistance in planning the City's Annual Spring Celebration and outlined the
success of the event. She stated that as a representative of over 500 residents of
Dania Beach Heights, she had received several a-mails and calls concerning City
Manager Pato. She explained that Mr. Pato had gone far beyond the expectations of
residents to provide responsive, municipal services and improved the quality of life for
City residents. She read the City's mission statement and stated that was exactly how
City Manager Pato represented himself during his tenure. She felt that he was
professional, reliable, honest, and committed to the betterment of the community.
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CITY OF DANIA BEACH
6.4 Beulah Lair, 1453 Argonaut Isle, thanked City Manager Pato for his excellent job
in serving Dania Beach and pledged to back him.
6.5 Joe Van Eron, 1500 SW 2"d Avenue, commented on the current controversy
concerning the City Manager's performance and service to the City. He noted that he
was misquoted in the newspaper as saying that a more qualified City Manager than Mr.
Pato was required. He shared his e-mail response to Georgia East and noted his
frustration with the City Commission in their inaction on neighborhood redevelopment.
He felt it was the public's perception that the Commission lacked confidence in their City
Manager because the Commission had not offered him a professional contract. Mr. Van
Eron requested that the Commission either give the City Manager their vote of
confidence with a professional contract or replace him with someone they believed could
better perform the job. He also encouraged residents to get involved with the charter
review process.
6.6 Teddie Bohanan, 312 SW 15th Street, felt someone was a "Judas" and must be
stopped. She wanted to see Code Inspector Dubisky returned to her neighborhood and
the evil person infesting her area be removed.
6.7 Elizabeth Judd, 99 NW 183 Street and a business agent for City employees,
stated the Will Dubisky was a city employee and came under the City's Collective
Bargaining Agreement. She felt that he abided by the City's Rules and Regulations and
people should not attempt to politically remove employees from their positions. She
requested that elected officials not get involved in personnel matters and stated it was
® not only against the City Charter, but in this case, it was an issue of reverse
discrimination. She urged Commissioners to keep politics out of the employees' lives.
6.8 Charlene Scalese, 826 NW 13th Avenue, felt the Commissioner's policies were
not being enacted and that the Commission should either keep the City Manager or get
rid of him as specified in the City Charter. She also requested that the Commission do
whatever they could to make the Dania Pier Restaurant a reality and stop wasting
taxpayers' money on studies and surveys.
6.9 Anne Castro, 838 NW 10 Avenue, noted that City Manager Pato had been at all
the Airport meetings and commended him for arranging for the County people to come
and meet with the City residents. She stated that she was the new president of the
Melaleuca Gardens Homeowner's Association and appreciated Mr. Pato's willingness to
stand with the people.
6.10 Honey (no last name), 922 S. Federal Highway, wanted an update on the status
of the speed bumps she had asked about three weeks ago and noted that Mayor
McElyea had been to the Dania Beach Grille. She felt the $1.25 fee for parking was too
much and that holiday parking should be free.
6.11 Ann Dunford, 5320 SW 30 Way and president of Ravenswood Management
Association, commented on Broward Sheriff's Department's relationship with
Ravenswood Management Association. She stated that they had always been very
efficient and commended them for their good work. She noted that they needed more
officers in the area and wanted to see them provided as soon as possible.
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CITY OF DANIA BEACH
6.12 Paolo DiFrancisci, Paolo's 3 Company at 242 E. Dania Beach Blvd., noted the
® growing City and felt the Commission was a good team and should not be broken.
6.13 Patricia Tyra, 2912 SW 54th Street, was concerned about annexation issues of
the Estates of Fort Lauderdale. She thanked Public Services and Commissioners for the
effort of the beautification of Lake George. She wanted an update on the 2001 lighting
survey. She reported that she had gone through the surveys and reported that the
wattage was not adequate and the lights were too dim. She also requested speed
bumps and traffic issues be dealt with and noted her disappointment that the City had
done nothing with the lighting survey. She was also disturbed that residents would not
have the opportunity to vote on two sample lights. She was disappointed in what had
happened concerning the code enforcement officer in attendance tonight, and expressed
her appreciation to him. She also stressed she had no complaints with BSO.
6.13 Ruby Ferguson, 765 Nature's Cove Road, desired to know the issues
surrounding the competency questions surrounding City Manager Pato. She felt that the
one question regarding one code enforcement officer was a personnel issue that could
be handled by City staff; instead, it became the basis of a petition being circulated
advising the removal of the City Manager. She felt the City could be proud of its
accomplishments under the current City Manager and requested Commissioner's
response.
6.14 Phyllis Herndon, 4903 SE 51 Street, Davie, stated her long-term interest and
association with the City of Dania Beach and owned an estate in the City of Dania
Beach. She was upset concerning actions taken at a recent code enforcement meeting
® and gave examples of how she felt the code board mistreated residents.
Vice-Mayor Mikes explained the process of the abatement hearings and noted that the
Commission considers each abatement situation and tried to take into account any
extenuating circumstances.
6.15 Susan Freeman, 817 Argonaut Isle, wondered whether or not the City of Dania
Beach had communicated to the airlines their concern about the presentation to the
airlines concerning increased fees for mitigation and requested that it be made available
to the public. She was also concerned about a possible mitigation issue that could arise
from the building of the Habitat for Humanity homes. She commented on the discussion
in the Broward County Commission meeting that would require citizens to vote on any
property density increases in their cities and wondered how this affected the CRA. She
also opposed agenda Item 9.3(a)(b)(c) and felt that some of the areas in agenda Item
11.2 could fall into the mitigation area. She questioned whether or not the Melaleuca
Gardens area had been left out of the CRA.
Vice-Mayor Mikes declared that he did not think that residents in that area wanted to be
in the CRA and invited residents to the Melaleuca Association meeting tomorrow night.
6.16 Pat Sullivan, 529 NW 7 Street, noted that for the past 18 '/z years, he had not had
a good, solid answer as to whether or not he would lose his home to the airport. He
appreciated what the City Manager had done to provide a solid defense against the
County.
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CITY OF DANIA BEACH
6.17 Rev. Tannie Lewis quoted from Romans 10, made comments about Easter, and
quoted Revelation 22:18 —19. He stressed the need for the people to stand together and
act right.
Commission Response:
Commissioner Flury felt some people in attendance and watching on television did not
understand discussions that had taken place. She outlined the article in a local
newspaper that stated that Commissioner Chunn was unhappy with the performance of
Code Enforcement and excessive employee turnover. She understood that in reference
to code issues, they were being appropriately investigated by the State Attorney's office.
She felt that there had been erroneous data made public and felt that the turnover of this
City was very acceptable. She stated that the City Charter prohibited City officials from
interfering in employee disciplinary action. She commended the citizens for taking their
time to address the Commission and also felt the most important factor in determining
the capability of a City Manager was job performance. She felt a manager needed an
understanding and maturity to deal with all governmental levels and not be intimidated
by the County or City Commissioners. She felt that City Manager Pato had done a good
job in fulfilling the requirements of his position.
Commissioner Anton commented on newspaper articles recently about Fort Lauderdale
and the desire by City officials to turn it around and run the City more like a business.
He felt the City needed to learn from what happened in Fort Lauderdale and to take what
they had done and implement it in Dania Beach. He stated that City Manager Pato had
his full support. V
® Vice-Mayor Mikes related that he had served on the City Commission for 16 years and
noted that in some instances people confused direction and policy of a City Manager
with the controlling majority of the Commission. He reported that he had originally
objected to this City Manager because he felt, at that time, he did not have the
qualifications for the position. He noted that the City Manager had learned his position
and felt that City Manager Pato did a good job. He clarified that the next City Manager
would be hired with proper qualifications in place and stressed again that the current City
Manager and staff had done an excellent job.
ITEMS PULLED FROM THE CONSENT AGENDA: VICE-MAYOR MIKES
PULLED ITEM 7.5 AND ITEM 7.7
7. CONSENT AGENDA (INCLUDING EXPENDITURES):
7.1 Minutes:
-Approval of minutes for Regular Meeting of March 9, 2004.
-Approval of minutes for Workshop Meeting of March 18, 2004.
7.2 Travel Expenditures: Ratification of travel for Fernando Vazquez, Director
of Public Services, for his attendance at the Florida Water Law Seminar in
Tampa, Florida, March 29-30, 2004. (Estimated total cost: $873.00)
7.3 Bills: NONE
Resolutions —
® 7.4 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
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CITY OF DANIA BEACH
AUTHORIZING THE CITY MANAGER TO PURCHASE SERVICES IN
® AN AMOUNT NOT TO EXCEED $15,980.00 TO CONSTRUCT TWO
LIFEGUARD TOWERS LOCATED WITHIN THE BEACH AREA, FROM
COASTAL CONTRACTING & DEVELOPMENT, INC., WITHOUT
COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
7.6 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
AMENDMENT TO A CONTRACT WITH MCCARTNEY CONSTRUCTION
IN CONJUNCTION WITH THE HISTORIC PRESERVATION GRANT
FOR RENOVATIONS TO THE NYBERG-SWANSON HOUSE, NYBERG-
SWANSON RESTORATION PROJECT, PHASE II; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
7.8 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO ACCEPT A ONE
YEAR EXTENSION WITH THE CHILDREN'S SERVICES COUNCIL OF
BROWARD COUNTY UNDER THE M.O.S.T. (MAXIMIZING OUT-OF-
SCHOOL TIME) GRANT PROGRAM; ENTERING INTO AN
AGREEMENT BETWEEN AFTER SCHOOL PROGRAMS, INC. AND
THE CITY OF DANIA BEACH, IN CONJUNCTION WITH THE GRANT
EXTENSION, TO PROVIDE AFTER SCHOOL 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 DO 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.
ORDINANCES -TITLE TO BE READ BY CITY ATTORNEY-
7.9 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING THE CITY CHARTER (PART IX, "CITY
PLANNING AND DEVELOPMENT", ARTICLE 2, "CITY PLANNING AND
ZONING BOARD", SECTION 1, "ESTABLISHMENT AND
MEMBERSHIP") TO PROVIDE THAT A DESIGNEE OF THE BROWARD
COUNTY SCHOOL BOARD MAY SERVE AS AN EX-OFFICIO (NON-
VOTING) MEMBER OF THE BOARD AS DIRECTED BY STATE LAW;
FURTHER, AMENDING SECTION 19-21 ("MEETINGS") OF THE CITY
CODE OF ORDINANCES TO CHANGE THE TIME OF MEETINGS OF
THE BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
(FIRST READING)
• 7.10 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN MAP OF THE DANIA
MINUTES 6 APRIL 13, 2004
CITY OF DANIA BEACH
BEACH COMPREHENSIVE PLAN FOR 120 ACRES, MORE OR LESS,
® OF PROPERTY DESCRIBED IN EXHIBIT "A" FROM "ESTATE (1)
RESIDENTIAL" DESIGNATION TO "CONSERVATION" DESIGNATION;
AMENDING THE FUTURE LAND USE ELEMENT TO DESCRIBE
CERTAIN ADDITIONAL USES PERMITTED IN THE FUTURE LAND
USE PLAN MAP "CONSERVATION" DESIGNATION; PROVIDING FOR
TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS AND FOR ADOPTION PURSUANT TO SECTION 163.3184,
FLORIDA STATUTES; FURTHER, PROVIDING FOR AN EFFECTIVE
DATE. (FIRST READING)
City Attorney Ansbro read the Ordinance titles for Item 7.9, first reading, and Item 7.10,
first reading.
Laurence Leeds, Director of Community Development, explained that Item 7.10 related
to the property located on the east side of SE 5th Avenue, south of Dania Beach Blvd.
and north of Sheridan Street and described the property. He reported that Estate (1)
Residential was not the proper designation for this land and recommended that the land
use on the property be changed to conservation.
Vice-Mayor Mikes opened the public hearing. Hearing no one speak in favor or
opposition, Vice-Mayor Mikes closed the public hearing.
A motion was made by Commissioner Anton, seconded by Commissioner Chunn,
to adopt Item 7.10 on first reading for transmittal to DCA. The motion passed on
® the following 4-0 roll call vote:
Commissioner Anton —yes Commissioner Flury —yes
Commissioner Chunn —yes Vice-Mayor Mikes —yes
A motion was made by Commissioner Chunn, seconded by Commissioner Anton,
to adopt the Consent Agenda with the exception of Items 7.5 and 7.7. The motion
passed on the following 4-0 roll call vote:
Commissioner Anton —yes Commissioner Flury —yes
Commissioner Chunn —yes Vice-Mayor Mikes —yes
ITEMS PULLED FROM THE CONSENT AGENDA
7.5 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
INTERLOCAL AGREEMENT TO BE ENTERED INTO BETWEEN
BROWARD COUNTY, THE CITY OF DANIA BEACH AND THE
COMMUNITY REDEVELOPMENT AGENCY TO PROVIDE FOR
RESPONSIBILITIES WITH RESPECT TO THE IMPLEMENTATION OF
THE REDEVELOPMENT CAPITAL PROGRAM FOR THE CITY OF
DANIA BEACH REDEVELOPMENT AREA; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of the Resolution.
® MINUTES 7 APRIL 13, 2004
CITY OF DANIA BEACH
A motion was made by Commissioner Anton, seconded by Commissioner Chunn,
® to amend Item 4.13 in the Interlocal Agreement to include a sentence that
condemnation of properties and acquisition and purchase of properties that
exceed appraisal values would have to be adopted by at least a 4/5 supermajority
vote of the City Commission. The motion passed on the following 4-0 roll call
vote:
Commissioner Anton —yes Commissioner Flury —yes
Commissioner Chunn —yes Vice-Mayor Mikes —yes
A motion was made by Commissioner Anton, seconded by Commissioner Chunn,
to adopt the Resolution as amended. The motion passed on the following 4-0 roll
call vote:
Commissioner Anton —yes Commissioner Flury —yes
Commissioner Chunn —yes Vice-Mayor Mikes —yes
7.7 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
AUTHORIZING THE PROPER CITY OFFICIALS TO ENTER INTO A
CONTRACT WITH SUNGARD MAILING SERVICES FOR A TWO YEAR
CONTRACT AND AN AUTOMATIC TWO YEAR RENEWAL FOR
SERVICES TO BE PROVIDED FOR PRINTING AND MAILING OF
WATER AND SEWER BILLINGS, 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.
In response to Vice-Mayor Mikes' question, Finance Director Pat Varney answered that
City announcements could be included either on the billing sheet itself or as an
additional insert, but noted that additional inserts created additional cost.
Commissioner Flury was opposed to the automatic renewal clause of the contract.
Director Varney explained that the reason they were continuing with this company was
due to software compatibility and stated that the contract was originally for a five-year
term. She explained that they renegotiated this 2-year contract, and advised that after
the initial 2-year term, the City could cancel the contract at any time with 6 months
advanced notice. She also reported that the automatic extension was only for 2 years,
which was still less than the original negotiations.
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 Anton —yes Commissioner Flury —yes
Commissioner Chunn —yes Vice-Mayor 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 ENTER INTO A
MINUTES 8 APRIL 13, 2004
CITY OF DANIA BEACH
CONTRACT WITH PUBLIC RESOURCES MANAGEMENT GROUP,
® INC. IN AN AMOUNT NOT TO EXCEED $37,000 TO PERFORM A
WATER AND WASTEWATER RATE AND WATER AND SEWER
IMPACT FEES STUDY; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of the Resolution.
Pat Varney, Finance Director, explained that staff had proposed a study of water and
sewer rates in preparation for next year's budget. She further explained that there were
over 18 firms that had responded to the bid and six of those responded with proposals.
She reported that the committee was comprised of four people — a Consultant/Engineer,
the Public Services Director, an in-house auditor, and Finance Director. They ranked
the firms and requested presentations from the first three and a final selection was
made. She reported that the budget only provided for a water and sewer rate study, but
that this company provided a study of water and sewer impact fees and the cost for both
studies was $37,000. She noted that the City Attorney had checked the performance of
the company's impact fee studies and was satisfied with the chosen firm. Director
Varney stated an additional $7,000 was needed in the budget and requested that $3,500
be appropriated from each of the two funds (water and sewer). She anticipated that the
studies would be completed by mid-July.
In response to Commissioner Flury's question, Director Varney reported these studies
were conducted approximately every five years and the timetable fit very well within the
CIP plan.
® Vice-Mayor Mikes questioned whether or not the City should hire an auditor to look into
the unexpected costs charged by the City of Hollywood sewer plant as a result of a
situation where they had gone against the recommendation of the technical committee
plus two Commissioners had abstained from the vote because of conflict of interest. He
was concerned Dania Beach paid a higher rate to cover that cost.
Director Varney reported that Hollywood had given her a comprehensive report for last
year's expenses that had been prepared by an outside firm.
City Manager Pato offered to look into the situation and report to the Commission.
A motion was made by Commissioner Flury, seconded by Commissioner Anton,
to adopt the Resolution.
John Bertino, former Commissioner, felt that whoever conducted the study should be
directed to include the payback schedule for the transfer of funds from the General Fund
to the Wastewater and water sinking funds.
Director Varney confirmed that those expenses were considered.
® MINUTES 9 APRIL 13, 2004
CITY OF DANIA BEACH
The motion passed on the following 4-0 roll call vote:
Commissioner Anton —yes Commissioner Flury —yes
Commissioner Chunn —yes Vice-Mayor Mikes —yes
8.2 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING THE ONE (1) YEAR AGREEMENT BETWEEN
LIMOUSINES OF SOUTH FLORIDA, INC. AND THE CITY OF DANIA
BEACH FOR PUBLIC TRANSPORTATION SERVICES; 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, stated that the City of Dania Beach had
advertised through an RFP process for community bus service and had received two
proposals: one for $28 per hour; and one for $29.75 per hour. The selection committee,
consisting of Kristen Jones, Terri Weech, and Bonnie Temchuk, reviewed both
proposals, discussed recommendations, and determined the best services were
provided by Limousines of South Florida, Inc. at a rate of $29.75 per hour. She reported
that the decision was based on the following criteria: stringent hiring process of all
employees (including extensive background checks, clean driving records, and both
drug and alcohol tests), provided two full-time project managers, all drivers learned all of
Dania's routes, all personnel wear professional uniforms, they provided an in-house
maintenance facility, and company managers will take care of all paperwork and citizen
complaints. She noted that all the vehicles were ADA compliant and noted that these
items were not included in the other proposal. She felt they were very important to a
successful operation of the bus service. She reported that both companies had good
references, but Limousines of South Florida had better service references. She stated
that the committee recommended entering into a one-year contract with Limousines of
South Florida, Inc. with an optional renewal of two, one-year periods. She noted that
because this was $1.75 per hour more than budgeted, staff recommended a transfer of
$3,360 from the General Administration Contingency Account to fund the shortfall for
fiscal year 2004 budget.
A motion was made by Commissioner Chunn, seconded Vice-Mayor Mikes, to
adopt the resolution.
Vice-Mayor Mikes confirmed that this company provided logs of attendance and use of
the bus service.
Ms. Temchuk noted that these reports would be provided daily to be used to determine
the best usage and hours of service.
Vice-Mayor Mikes suggested asking resident volunteers to occasionally use the bus
service and provide evaluation.
In response to Commissioner Flury's question, Ms. Temchuk reported that the County
reimbursed the City $14.00 per hour.
Commissioner Anton confirmed that there were escape clauses in the contract.
MINUTES 10 APRIL 13, 2004
CITY OF DANIA BEACH
Ms. Temchuk explained that this was a one-year contract with optional renewals instead
of a three-year contract as the City previously had.
Patricia Tyra, 2912 SW 54th Street, desired to know the total amount the City paid for this
service and noted that the annexed areas were not included in the service.
Ms. Temchuk corrected her earlier quote and stated that the County reimbursed the City
$20.00 per hour.
City Manager Pato determined from staff that the City's budget for the year for this
service was $23,000.
Louie Herring, General Manager of Quality (the low bidder), asked the Commission to
consider his company and have the recommendation reconsidered by staff for the
following two reasons: 1) the City did not need to increase their budget; and, 2) his
company provided the identical service successfully to other municipalities. He noted
that both the Town of Davie and City of Lauderdale Lakes transferred their services to
his company and were extremely satisfied. He explained that his company provided all
of the services she had mentioned with the exception that they had not offered two full-
time supervisors.
Ms. Temchuk stated that Broward County no longer used the second proposer (Quality)
and that although Quality received good references, Limousines of South Florida, Inc.
was highly praised in their reviews. She noted that Limousines of South Florida, Inc.
also had received County commendations of their record keeping plus they offered to
provide two managers to supervise Dania Beach's service.
The motion passed on the following 4-0 roll call vote:
Commissioner Anton —yes Commissioner Flury —yes
Commissioner Chunn —yes Vice-Mayor Mikes —yes
9. PUBLIC HEARINGS AND SITE PLANS:
9.1 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. (SECOND READING)
City Attorney Ansbro read the title of the Ordinance.
City Attorney Ansbro explained that the purpose of the ordinance was to allow a
Commissioner to serve on the Police/Fire Pension Board similarly to the existing
situation on the General Employees Board. He had felt that an ordinance was not
necessary, but the Pension Board attorney disagreed and rather than contest it, he felt it
was simpler to write the ordinance.
MINUTES 11 APRIL 13, 2004
CITY OF DANIA BEACH
Vice-Mayor Mikes opened the public hearing. Hearing no one speak in favor or
® opposition, Vice-Mayor Mikes closed the public hearing.
A motion was made by Commissioner Flury, seconded by Commissioner Anton,
to adopt the Ordinance on second reading. The motion passed on the following 3-
0 roll call vote:
Commissioner Anton —yes Commissioner Flury —yes
Commissioner Chunn — out of room Vice-Mayor Mikes —yes
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.
9.2 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 PLACE PLAT"; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
® (SECOND READING)
City Attorney Ansbro read the title of the Ordinance.
Corinne Church, Principal City Planner, presented the request and described its location
as east of the Danians Condominium on East Dania Beach Blvd. She stated that the
property was zoned multiple family/residential (RM-2) and was located within the
pending Local Activity Center land use designation (LAC) and the Community
Redevelopment Area (CRA). She noted that the applicant's proposal was consistent
with both the LAC and CRA plans. She reported that the applicant was required to
dedicate 0.06.acres (2,600 square feet) of land to open space. She explained that due
to the small size of the required dedication, staff recommended the applicant pay a local
park impact fee equal to the value of 0.06 acres of dedication, which was $27,300. She
stated that the Planning & Zoning Board had heard the item and recommended approval
and noted that the City Commission must confirm the appraisal of $260,000 submitted
by the applicant.
In response to Vice-Mayor Mikes' question, Laurence Leeds, Director of Community
Development, explained the methods of obtaining "fair market value": and reported that
this appraisal was one and a half to two years old. He stated that the Commission could
accept the appraisal, reject the appraisal, or suggest an alternative value.
Vice-Mayor Mikes suggested that the item be continued until an updated appraisal was
available.
Commissioner Flury agreed.
MINUTES 12 APRIL 13, 2004
CITY OF DANIA BEACH
® City Manager Pato felt it was necessary to provide some guidelines in the procedure and
requested that he and the City Attorney put such guidelines together.
Mikki Ulrich, representing the applicant, explained that they had provided the appraisal
as directed by the City and were never notified that they needed to provide anything
else.
In response to Vice-Mayor Mikes' question, Director Leeds stated that it took 30 days to
acquire an updated appraisal on commercial property.
Ms. Ulrich requested moving forward with the plat approval subject to updated appraisal.
City Attorney Ansbro had no objections.
A motion was made by Commissioner Flury, seconded by Commissioner Chunn,
to adopt the Ordinance on second reading with the following conditions: 1) The
applicant is required to provide an updated appraisal that is no more than 60 days
old; and, 2) The updated appraisal must be provided prior to the submittal of the
site plan to the Planning & Zoning Advisory Board. The motion passed on the
following 4-0 roll call vote:
Commissioner Anton —yes Commissioner Flury —yes
Commissioner Chunn —yes Vice-Mayor Mikes —yes
® 9.3 a) RZ-70-03 — Request by Charles Putnam & Associates, on behalf
of Barry N. Morris c/o Ocean Development, LLC to rezone approximately
19.41 acres from C-2 (Commercial) and RM (Up to 12 dwelling units per
acres) to RM-2 (Up to 16 dwelling units per acre).
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.
(SECOND READING)
b) SE-71-03 — Special Exception request by Charles Putnam &
Associates, on behalf of Barry N. Morris c/o Ocean Development, LLC. to
approve a Planned Unit Development (PUD-2) Master Plan in a RM-2
zoning district to allow a 160 foot (14 story) condominium.
® A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
APPROVING A REQUEST SUBMITTED BY CHARLES PUTMAN &
MINUTES 13 APRIL 13, 2004
CITY OF DANIA BEACH
ASSOCIATES REPRESENTING BARRY N. MORRIS C/O OCEAN
DEVELOPMENT, LLC. , FOR A SPECIAL EXCEPTION TO ALLOW A
PLANNED UNIT DEVELOPMENT (PUD-2) IN A RM-2 ZONING
DISTRICT AND THE APPROVAL OF A PUD MASTER PLAN, A COPY
OF WHICH IS ATTACHED TO THIS RESOLUTION AS EXHIBIT `A';
FOR PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF
DANIA BEACH BOULEVARD APPROXIMATELY 300 FEET EAST OF
THE MOTEL SIX; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
c) VA-72-03 — Request by Charles Putnam & Associates, on behalf
of Barry N. Morris c/o Ocean Development, LLC., for variances to allow a
reduction in interior side yard building setbacks, a reduction in interior
side yard balcony setbacks, and an increase in building height to 160 feet
(62 feet allowed).
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY CHARLES PUTMAN &
ASSOCIATES REPRESENTING BARRY N. MORRIS C/O OCEAN
DEVELOPMENT, LLC., FROM CHAPTER 28, ZONING, ARTICLE 5
SUPPLEMENTARY LOT REGULATIONS; FOR PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF DANIA BEACH
BOULEVARD APPROXIMATELY 300 FEET EAST OF THE MOTEL SIX,
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
® City Attorney Ansbro read the titles of the Ordinance and Resolutions.
Laurence Leeds, Director of Community Development, requested that the applicant
make a presentation before he made his technical analysis.
Bonnie Miskel, on behalf of the applicant, stated that several months ago they had
appeared before the Commission with a local land-use plan amendment, which
proposed a modification of the residential density on the site and essentially created two
parcels. She recounted that they had sought 54 additional reserve units (or flex units)
for an approved total of 288 units. She reported that they were returning in order to
submit any land development applications required to ultimately obtain site plan approval
for the 288 units.
Attorney Miskel referred to the first request and stated that they requested a rezoning
from C-2 and RM to RM-2. She explained that the RM-2 zoning designation allowed the
288 units to be constructed and described the plan to have two towers that had a total of
14 stories. She reiterated that they had not requested site plan approval at this point
and would not go into that unless Commissioners requested to do so. She described
how the two towers were connected with an interior parking garage and an amenity
facility that would reach five stories. She stressed that the surrounding property was
open space and conservation and noted that they dedicated 15 acres to create
additional open space. She described the area surrounding the property and felt the
proposal was compatible with current land use and surrounding area. She noted that
they had prepared a conservation area easement that would be dedicated to both
Broward County and the South Florida Management District.
MINUTES 14 APRIL 13, 2004
CITY OF DANIA BEACH
® Attorney Miskel further requested a Special Exception which allowed the Planned Unit
Development (PUD Master Plan) and the following variances: 1) reduction in interior side
yard building setbacks, 2) a reduction in interior side yard balcony setbacks, 3) and an
increased building height to 160 feet. She summarized that they felt the plan was
consistent with the original approval and that it was compatible with the land-use plan.
In response to Vice-Mayor Mikes' question, Laurence Leeds, Director of Community
Development, stated that he had not yet received a traffic study. Attorney Miskel
reminded the Commission that the original front four acres were zoned Commercial and
the conversion to Residential actually caused a reduction in traffic.
Director Leeds added that this project had been going on for one year and reminded the
Commission that the original Commission-approved traffic analysis showed that this
proposed land use generated less traffic because retail use generated more traffic all
day.
Attorney Miskel noted that the original traffic study showed a 496 peak-hour trip
reduction.
In response to Vice-Mayor Mikes' question, Attorney Miskel declared there were one,
two, and three bedroom units, starting with one and a half baths up to three baths,
ranging from 900 sq. ft. to an excess of 1500 sq. ft. for the largest units.
Commissioner Flury confirmed that there were 19 total acres with the construction
planned for four acres and reported that she liked that ratio. She questioned why the 15
0 acres of wetlands needed to be rezoned Residential.
Director Leeds stated that there were over 200 units spread throughout the site and in
order to move those units from the wetlands to the upland, the entire parcel needed to
be rezoned. He explained that one of the conditions was to provide a conservation
easement over the remaining 15 acres that protected it from being developed.
Director Leeds began his presentation by explaining that there were three issues here
and the first involved a zoning change. He explained that the only changes were to have
the retail component removed from the property and to have 54 additional units of
residential provided. He reminded the Commission that they had approved this last year
when they approved the assignment of flex and reserve units. He stated that staff
recommended the change and noted that it was consistent with the comprehensive plan.
Director Leeds then explained the Special Exception request would have to be repeated
in detail when the site plan was applied for. He reported that this Exception provided
only for development parameters and was not intended to be the final word. He
explained that the advantage of a PUD was that it preserved 75 percent of the property
as open space while it clustered the development on the front 25 percent of the land. He
stated staff recommended approval of the PUD plan with a number of conditions.
Director Leeds reported that the next part of the proposal was the variance requests. He
explained the setback variances and showed how these setback variances were not
problematic because of the property's location next to a park and adjacent to
Commercial. He noted that most controversial portion of the project was the building 14-
story (160-foot) height variance and reported the past history of the property had a
variance for 12 stories. He noted that the highest residential buildings in the City were
MINUTES 15 APRIL 13, 2004
CITY OF DANIA BEACH
currently only 65-70 feet and that the CRA allowed up to eight stories on Dania Beach
® Blvd. (this property was not within the CRA allocation). He noted that this must be
approved by a super-majority vote and that the staff's perspective was that in any other
location in the City, the building was too large and too tall and they would have
recommended against it. He noted that the question the Commission needed to
consider was whether or not it was appropriate in this location — 1,000 feet from
Residential and with the concurrence of the dedicated open space.
Director Leeds read the following statements, which distinguished this site from any
other in the City: "1) The site abuts Westlake Park to the east and the south and
undeveloped commercial property to the west and the Harbor Towne Marina to the
north; 2) This site is the most easterly, privately-owned piece of land in the City; 3) This
site is not located within the CRA; 4) Access is restricted to Dania Beach Blvd.; 5) The
site is located over 300 feet from residential development and 950 feet from existing
residential development; and, 6)The PUD Master Plan preserves approximately 75
percent of the total site, while limiting development to 25 percent of the site." He
explained that Staff had the option of offering conditional support of the variances if it
was tied only to this criteria and noted that this support was subject to confirmation from
the City Attorney that a 14-story height variance on this property did not set a precedent
for 14-story buildings in any other location on Dania Beach Blvd.
City Attorney Ansbro stated that it was not a precedent because of the unique features
of the land and no other land qualified for the criteria presented tonight.
Director Leeds read and explained the following conditions (from Exhibit A in the back up
® material) that he felt were most important: 2) The applicant to record a deed restriction
or some other legal device, approved by the City Attorney, by which the applicant can
voluntarily restrict the development of the parcel to condominium; 4) Architectural
modifications deemed necessary by the City Commission to mitigate the size and scale
of the building, particularly along Dania Beach Blvd.; 5) Applicant is responsible for
assuming cost to bring water and sewer service to this site. 6) Applicant to demonstrate
to the City Fire Marshal, compliance with emergency vehicle access and fire flow
requirements; 7) Applicant to record a conservation easement prohibiting development
of the no development zone; and, 8) The applicant to submit documentation that the
applicant understands and agrees that the special exception and variance approval
confers no vested rights or entitlements to any of the following: (a) Site design, building
design, parking configuration, architecture, or Fire-Rescue Department requirements; (b)
Compliance with water, sewer, paving, and drainage requirements; (c) Compliance with
environmental regulations of any other government agency; (d) Site plan approval by the
City Commission. Director Leeds reminded the Commission that this approval was valid
only until April 13, 2005 provided the applicant meets certain conditions by August 1,
2004. Director Leeds noted that unless the applicant complies with these conditions, he
cannot go forward with the Master Plan and most of these conditions would not be dealt
with until site plan and that was why they were not addressed tonight.
In response to Commissioner Anton's question, Director Leeds suggested voting once
on the setback variances and separately on the height variance because the height
required 4/5 votes.
MINUTES 16 APRIL 13, 2004
CITY OF DANIA BEACH
Vice-Mayor Mikes preferred to hear each item separately so that each item would have
® its own public hearing. He was also concerned that the City was obligating itself to
approve the site plan by giving its approval tonight.
City Attorney Ansbro stressed that condition number eight clearly stated that the
applicant understands that there were no vested rights. He stated that the Commission
might want significant architectural changes.
Bonnie Miskel reminded the Commission that the site plan had not been filed yet and
that the approval tonight was only conceptual in nature.
Vice-Mayor Mikes wanted to use caution because the City had been constructed as a
low-rise community and residents liked it that way. He was concerned with the attitude
of builders that have already come in with plans that exceed the eight-story limit of the
CRA portion of the City and was concerned that this project encouraged that. He stated
that he planned to hold the project to the building height until he saw architecture that
could be shown to the community.
Attorney Miskel reiterated that the building appearance was not being approved this
evening and that the applicant understood the Commission's right to disapprove of any
of these items during the site plan process. She stressed that the applicant's focus was
on preserving as much of the natural beauty and animal habitat as possible and that
offering 75 percent had never before been offered by anyone in the City. She stated that
they presented the best project they could with competing interests and felt the public
was supportive of preserving animal habitat.
® In response to Commissioner Anton's question, Director Leeds stated that during the
Planning & Zoning meetings a couple of people had commented on wildlife relocation
and confirmed that none of the area homeowners nor condominium groups had
responded to the notification of the project. He noted that most residents did not object
to projects until construction had begun. He admitted that he had been perplexed by this
unique situation and noted that the Commission had several options, one of which was
to approve the setback variances and defer the height variance to the site plan process.
Commissioner Flury agreed with Vice-Mayor Mikes about Dania Beach being a low-rise
community, but also felt this was a unique opportunity. She stated that, because of the
property location, she approved the 14 stories as long as the architecture was improved
and felt it was best approved tonight to give the applicant direction.
Vice-Mayor Mikes suggested specific improvements he felt were important and also
stated that the applicant could also consider reducing the number of units. He felt that,
other than the height, the rest of the project was appropriate.
Commissioner Anton agreed that he did not want to create a "concrete canyon" and was
also concerned about the height. He suggested the architecture be "stepped back" and
noted the location was a key factor of this project. He objected to the current
architectural rendering.
Attorney Miskel noted the difficulty created by not knowing how high they could build and
® was concerned that if they reduced the size, the project would no longer be economically
feasible.
MINUTES 17 APRIL 13, 2004
CITY OF DANIA BEACH
Vice-Mayor Mikes felt economic feasibility was not a factor because of the appealing
location.
Bonnie Miskel stated that they had noted the Commissions comments and stated that
the applicant agreed to separate the variances, remove the height variance, and bring it
back at the time they submitted the site plan. She requested to meet with each of the
Commissioners to discuss specifics and reminded the Commission that the property was
previously approved for 12 stories.
Vice-Mayor Mikes opened the public hearing for 9.3(a).
Teddie Bohanan, 312 SW 15th Street, stated that she had attended the CRA meetings
and noted that the public was reluctant to raise the building height from six to eight
stories and felt the building should be limited to 12 stories. She was concerned about
conservation and she approved the concept, but opposed the height.
Fay Bartelmes, 214 SW 2nd Terrace, recalled how Dania Beach's past hesitation to take
action had been detrimental to the city's growth. She felt that growth was needed and
supported the project and the 14 stories.
Ray Sadler, 810 SW 7th Avenue, opposed 12 or 14 stories.
Patricia Tyra, 2912 SW 54th Street, reported that she had recently seen approval of six
multiple occupancy units and was concerned about the increased demands for
fire/police services and children's classrooms. She noted that the Commission seemed
concerned only about architectural and conservation issues and neglected to consider
the additional cost and planning of the infrastructure.
Vice-Mayor Mikes explained that most projects approved were merely speculation and
never became a reality. He felt this project was a unique, quality project that would be
completed.
Director Leeds clarified that the applicant paid for increased demand on school, water,
sewer, drainage, and police/fire services and noted that no permits were issued until
infrastructure issues were satisfied. He reported that 234 units were already approved
for the site and that according to Broward County calculations there were only eight to
ten additional children in the 54 additional units. He also noted that Broward County
School Board collected school impact fees.
Commissioner Flury felt that of the six multi-family approvals referred to earlier, two were
mobile home parks that replaced larger residential units, which actually caused a
reduction in police/fire demand.
Hearing no one else speak in favor or in opposition, Vice-Mayor Mikes closed the public
hearing for Item 9.3(a).
Bonnie Miskel requested that Exhibit A, page 6, number 3, be modified to state that the
Condominium documents be furnished before the building permits approval, instead of
site plan approval, and that the applicant be required to disclose the airport runway
expansion and Natural Gas Pipeline route to prospective buyers at time of deposit.
MINUTES 18 APRIL 13, 2004
CITY OF DANIA BEACH
City Attorney Ansbro agreed.
A motion was made by Commissioner Flury, seconded by Commissioner Chunn
to approve the Ordinance 9.3(a) on second reading. The motion passed on the
following 4-0 roll call vote:
Commissioner Anton —yes Commissioner Flury —yes
Commissioner Chunn —yes Vice-Mayor Mikes —yes
Vice-Mayor Mikes opened the public hearing on Item 9.3(b). Hearing no one speak in
favor or opposition, Vice-Mayor Mikes closed the public hearing.
A motion was made by Commissioner Flury, seconded by Commissioner Chunn
to approve the Resolution 9.3(b) subject to the following conditions from Exhibit A
with the applicant's amendment for number three: 1) Unity of Title (connecting all
described parcels) to be approved by the City Attorney and recorded at Broward
County by August 1, 2004; 2) The applicant to record a deed restriction or some
other legal device (approved by the City Attorney) by which the applicant can
voluntarily restrict the development of the parcel to condominium. The voluntary
restriction should be enforceable against subsequent owners. Document to be
recorded by August 1, 2004. 3) Condominium documents, to be furnished prior to
building permits, to disclose to any potential buyers at time of deposit the airport
runway expansion plans (and noise impact upon project) as well as the planned
route of the AES Ocean Express Natural Gas Pipeline; 4) Architectural
modifications deemed necessary by the City Commission to mitigate the size and
scale of the building, particularly along Dania Beach Blvd.; 5) Applicant is
responsible for assuming cost to bring water and sewer service to this site.
Applicant to demonstrate, to the Public Services Director, the ability to meet these
requirements; 6) Applicant to demonstrate, to the City Fire Marshal, compliance
with emergency vehicle access and fire flow requirements; 7) Applicant to record
a conservation easement prohibiting development of the no development zone
(Planning and Zoning Advisory Board recommended recording document prior to
the issuance of a building permit); 8) The applicant's attorney shall submit
documentation by August 1, 2004, that applicant, individually and in a corporate
capacity, for all lots included within this project, understands and agrees that the
special exception and variance approval confers no vested rights or entitlements
to any of the following: (a) Site design, building design, parking configuration,
architecture, or Fire-Rescue Depart requirements; (b) Compliance with water,
sewer, paving, and drainage requirements; (c) Compliance with environmental
regulations of any other government agency; (d) Site plan approval by the City
Commission; and, 9) Special exception, master plan, and variance approvals (as
per the foregoing conditions) shall be valid until April 13, 2005, provided applicant
complies with Conditions 1, 2, and 8 by August 1, 2004.
The motion passed on the following 4-0 roll call vote:
Commissioner Anton —yes Commissioner Flury —yes
Commissioner Chunn —yes Vice-Mayor Mikes —yes
MINUTES 19 APRIL 13, 2004
CITY OF DANIA BEACH
Vice-Mayor Mikes opened the public hearing on Item 9.3(c) setback variances only.
Hearing no one speak in favor or opposition, Vice-Mayor Mikes closed the public
hearing.
A motion was made by Commissioner Anton, seconded by Commissioner Flury to
approve the Resolution 9.3(c) setbacks portions only (with exception of building
height) subject to the following conditions from Exhibit A with the applicant's
amendment for number 3: 1) Unit of Title (connecting all described parcels) to be
approved by the City Attorney and recorded at Broward County by August 1, 2004;
2) The applicant to record a deed restriction or some other legal device (approved
by the City Attorney) by which the applicant can voluntarily restrict the
development of the parcel to condominium. The voluntary restriction should be
enforceable against subsequent owners. Document to be recorded by August 1,
2004. 3) Condominium documents, to be furnished prior to building permits, to
disclose to any potential buyers at time of deposit the airport runway expansion
plans (and noise impact upon project) as well as the planned route of the AES
Ocean Express Natural Gas Pipeline; 4) Architectural modifications deemed
necessary by the City Commission to mitigate the size and scale of the building,
particularly along Dania Beach Blvd.; 5) Applicant is responsible for assuming
cost to bring water and sewer service to this site. Applicant to demonstrate, to
the Public Services Director, the ability to meet these requirements; 6) Applicant
to demonstrate, to the City Fire Marshal, compliance with emergency vehicle
access and fire flow requirements; 7) Applicant to record a conservation
easement prohibiting development of the no development zone (Planning and
Zoning Advisory Board recommended recording document prior to the issuance
of a building permit); 8) The applicant's attorney shall submit documentation by
August 1, 2004, that applicant, individually and in a corporate capacity, for all lots
included within this project, understands and agrees that the special exception
and variance approval confers no vested rights or entitlements to any of the
following: (a) Site design, building design, parking configuration, architecture, or
Fire-Rescue Depart requirements; (b) Compliance with water, sewer, paving, and
drainage requirements; (c) Compliance with environmental regulations of any
other government agency; (d) Site plan approval by the City Commission; and, 9)
Special exception, master plan, and variance approvals (as per the foregoing
conditions) shall be valid until April 13, 2005, provided applicant complies with
Conditions 1,2, and 8 by August 1, 2004.
The motion passed on the following 3-1 roll call vote:
Commissioner Anton —yes Commissioner Flury —yes
Commissioner Chunn —yes Vice-Mayor Mikes — no
A motion was made by Commissioner Anton, seconded by Commissioner Chunn,
to defer the building height variance portion of Item 9.3(c) until site plan approval.
The motion passed on the following 3-1 roll call vote:
Commissioner Anton —yes Commissioner Flury — no
Commissioner Chunn —yes Vice-Mayor Mikes —yes
® 9.4 VA-08-04 — Request by Michael Morrison, Morrison Builders, on behalf of
Andre Lemaire for a variance to allow a boat lift to extend 22% (17.5 feet)
MINUTES 20 APRIL 13, 2004
CITY OF DANIA BEACH
into a canal, when 10% (8 feet) is allowed for property located at 950
Nautilus Isle.
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY MICHAEL
MORRISON/MORRISON BUILDERS, ON BEHALF OF ANDRE
LEMAIRE, FROM THE ZONING APPENDIX TO THE CITY CODE OF.
ORDINANCES, SECTION 33-40, "REGULATION AND USE OF
WATERWAYS AND FACILITIES RELATED THERETO", FOR
PROPERTY LOCATED AT 950 NAUTILUS ISLE, DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
City Attorney Ansbro read the title of the Resolution.
Corinne Church, Principal City Planner, presented the variance to allow the applicant to
construct a boatlift in a canal that extended beyond the maximum 10% extension (8 feet)
adopted December 8, 2003. She explained that applicant requested extension to 22
percent (17.5 feet). She stated that the applicant originally applied for a dock, pilings,
and boat lift on January 15, 2004, and noted that the proposed pilings and boat lift were
denied, however the dock was approved. She reported that if the boatlift was installed
directly adjacent to the property line, the lift would extend only 12.5 feet into the canal
and required only a four and a half (4.5) foot variance. She stated that both staff and
Planning & Zoning Board recommended approval of a four and a half (4.5) foot variance
to allow the boat lift 12.5 feet beyond the property line.
Vice-Mayor Mikes opened the public hearing.
Michael Morrison, representing the applicant, explained his history of boatlift
construction. He reported that this variance was requested to replace an existing dock
and boatlift that the applicant had enjoyed for ten years. He stated that the reason for
the variance request was that if the boatlift were constructed adjacent to the property, as
Staff had recommended, it would be inaccessible because of a pool, landscaping, and
fence on the property. He noted that this created a problem for Mr. Lemaire complicated
by the fact that he was no longer a young man. He explained that the proper installation
of the proposed unit necessitated the extra space. He further noted that a variance had
been granted in an identical case three months ago. He provided photographs of the
canal showing that other neighbors had boat lifts extending into the canal and that the
installation did not interfere with the navigable waterway. He addressed the objections
that two neighbors had made during the Planning & Zoning Board meeting and reported
that he had obtained 30 signatures of neighbors who supported Mr. Lemaire's right to
this boatlift. He felt the City's compromise was inadequate and requested the variance
be approved as proposed based on the hardship to Mr. Lemaire and the equivalent units
that neighbors currently enjoyed.
Billy Phipps, 946 Nautilus Isle adjacent to Mr. Lemaire's property, opposed granting the
variance based on personal and environmental reasons. She had enjoyed watching the
activity on the canal over the years and described how this project would obstruct her
view. She reported that Mr. Lemaire lived there only three or four months of the year
and resented the impact this had on her enjoyment year round. Ms. Phipps showed
pictures to Commission and stressed that the boat would not be moved for eight to nine
MINUTES 21 APRIL 13, 2004
CITY OF DANIA BEACH
months of the year, giving her no relief for that period of time. She reminded the
Commission that the Marine Advisory Board recommended the new guidelines and felt
that violating them would nullify their necessity.
Kathy Kappy, 942 Nautilus Isle, opposed the variance and noted that the people who
signed the petition were absent. She felt the mood of the canal had changed over the
years and wanted the peace created by the canal to be preserved and restored.
Andre Lemaire, 950 Nautilus Isle, requested Commissions approval and noted that he
always consulted the City before undergoing any projects on his property. He pointed
out that the previous speaker had a boatlift that extended beyond what he requested.
Vice-Mayor Mikes understood that one neighbor felt that the granting of a variance
suggested an exception to the norm and caused a hardship concerning her view. He
suggested that since they did not have a full Commission tonight, the item be continued
for two weeks. He noted that, by that time, Staff would have had opportunity to
investigate the boatlift and fence issue with the neighbor and would have formulated a
compromise between residents.
Hearing no one speak else in favor or opposition, Vice-Mayor Mikes closed the public
hearing.
Laurence Leeds, Director of Community Development, felt a better compromise than the
one staff had proposed, could not be achieved.
A motion was made by Commissioner Chunn, seconded by Commissioner Flury,
to continue the Resolution to the April 27, 2004 Regular Commission Meeting.
The motion passed on the following 4-0 roll call vote:
Commissioner Anton —yes Commissioner Flury —yes
Commissioner Chunn —yes Vice-Mayor Mikes —yes
9.5 VA-12-04 — Request by John Bartley, on behalf of Dania Beach Homes,
for a variance to reduce the pervious area for a single family dwelling
from 40% to 35% to allow the addition of a pool and deck for property
located at 218 SE 15 Street.
A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY JOHN BARTLEY, B & B
BUILDERS, FROM CHAPTER 28 (ZONING) ARTICLE 29.10 PERVIOUS
AREA REQUIREMENTS; FOR PROPERTY LOCATED 218 SE 15 ST.,
DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
City Attorney Ansbro read the title of the Resolution.
Corinne Church, Principal City Planner explained that this variance concerned property
in a PUD-B zoning district and was located North of Sheridan Street and South of Olsen
Middle School. She noted that the site was currently under construction and stated that
® on November 26, 2002 the City Commission approved a site plan for the PUD, which
included 19 dwelling units. She reported that the approved site plan provided for no pool
MINUTES 22 APRIL 13, 2004
CITY OF DANIA BEACH
in parcel 9 and the applicant requested to have a pool added. She noted that the
® applicant had submitted an engineer statement that the addition did not adversely affect
the drainage of the PUD site and reported that the Public Works Director had confirmed
this to be accurate. She explained that Staff had recommended the applicant reduce
the deck area to five feet on the north and south sides of the pool, which increased the
pervious area from 35 percent to 37 percent. She further noted that the Planning &
Zoning Board had recommended approval provided the south side of the deck be
reduced to five feet and the Public Services Director had the applicant's drainage
calculations approved. She stressed that this second condition had already been met.
John Bartley, the applicant, from 201 SE 2nd Avenue, agreed with the Planning and
Zoning Board recommendation to reduce only the south side pool deck to five feet. He
felt the opposite side needed to be larger to accommodate lounge chairs. He confirmed
that this reduced the pervious area to 36 percent and that stressed that there was no
drainage problem.
In response to Commissioner Anton's question, Fernando Vazquez, Director of Public
Services, confirmed that there was no adverse impact and he had no problem with
granting the request.
Vice-Mayor Mikes opened the public hearing. Hearing no one speak in favor or
opposition, Vice-Mayor Mikes closed the public hearing.
A motion was made by Commissioner Chunn, seconded by Commissioner Anton,
to adopt the Resolution with the Planning & Zoning Board condition that the deck
on the south side of the pool be reduced to five (5) feet. The motion passed on the
following 4-0 roll call vote:
Commissioner Anton —yes Commissioner Flury —yes
Commissioner Chunn —yes Vice-Mayor Mikes —yes
10. COMMISSION COMMENTS:
10.1 Commissioner Anton reported that the Airport issue was brought up at County
Commission meeting that day and that the a-mails received from concerned citizens
were being considered and should be continued.
10.2 Commissioner Chunn felt Broward Days in Tallahassee were very productive
concerning the airport issue. He thanked the representatives from the Children's
Council for their help with the grant writing process and was pleased that the grant had
been approved. He reported he had met with Senators on issues that held local officials
to a higher accountability. He also requested consensus from the Commission to have
an historical proclamation made for John U. Lloyd State Park being the first black beach
in the area. He suggested June 10 in conjunction with the commemoration of President
Lincoln's Emancipation Proclamation.
10.3 Commissioner Flury— no comments.
10.4 Vice Mayor Mikes noted that Dania had a professional lobbyist in Tallahassee,
® and felt that helped to make Broward Days in Tallahassee more productive. He thanked
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CITY OF DANIA BEACH
staff for cleaning the entrance to Melaleuca Gardens and suggested residents in that
® area to come to the Association Meeting the following evening. He noted that he was
happy with the changes on the CRA and stated his agreement with the city manager's
idea that the property value process needed to be defined.
10.5 Mayor McElyea — absent
11. DISCUSSION AND POSSIBLE ACTION:
11.1 Discussion of appointing Metropolitan Planning Organization Alternate
Delegate. (Community Development)
Laurence Leeds, Director of Community Development, noted that the City of Dania
Beach had no MPO Delegate and explained that an alternate position was available that
only involved attendance once every three to six months.
Commissioner Chunn had discussed with a consultant the possibility of getting a Dania
Beach Commissioner on the MPO.
Vice-Mayor Mikes learned from the League of Cities that it was difficult for a small city to
get a seat on the MPO and noted that a plan had been considered that provided a
rotating seat to smaller municipalities.
Director Leeds noted that in 2002, he and City Manager Pato unsuccessfully had
attempted to get Dania Beach a seat based on its strategic location in relationship to
® transportation facilities. Director Leeds agreed with Commissioner Chunn about the
consultant's plan and agreed to contact Mr. Coates.
No Commissioners expressed interest in serving at this time.
11.2 Discussion of setting date for Presentation by Broward County Office of
Planning and Urban Development of Draft CRA Urban Design Criteria
(Community Development Department).
Laurence Leeds, Director of Community Development, explained that he had met with
architects to develop some guidelines on Design Criteria for the City of Dania Beach.
He noted that he had given them a copy of the Centennial Calendar. He reported that
the architects wanted to make a public-meeting presentation sometime within a June 14-
30 timeframe and asked Commissioners for assistance in setting a date for the special
meeting. He distributed material for the Commissioners to review and comment on at a
later date.
12. APPOINTMENTS:
12.1 Appointment of 2 members to the Airport Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF TWO 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".
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CITY OF DANIA BEACH
NONE
® 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."
Commissioner Anton said he had a gentleman named Jay Hamilton who expressed
interest and he would have the information brought to the City Clerk's office.
12.3 Appointment of 1 member to the Marine Advisory Board.
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF 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".
12.4 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
12.5 Appointment by Commission of four members to the following positions
on the Unsafe Structures Board.
R/E Property Manager- to complete a 3-year term expiring March 11,
2006
Electrical Contractor—William Sargent's term expired March 11, 2004
Engineer— Jack Mitchell's term expired March 11, 2004
General Building Contractor— Frank Hill's term expired March
"A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, RATIFYING AND
AFFIRMING THE APPOINTMENT OF FOUR MEMBERS TO THE UNSAFE
STRUCTURES BOARD; PROVIDING THAT SAID MEMBERS SHALL SERVE A THREE
(3) YEAR TERM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE."
A motion was made by Commissioner Flury, seconded by Commissioner Chunn,
to reappoint all four members listed to the Unsafe Structures Board. The motion
passed on the following 4-0 roll call vote:
MINUTES 25 APRIL 13, 2004
CITY OF DANIA BEACH
Commissioner Anton —yes Commissioner Flury —yes
Commissioner Chunn —yes Vice-Mayor Mikes —yes
13. ADMINISTRATIVE REPORTS:
13.1 City Manager Pato stated he had no comments, but thanked the Commission for
their support.
13.2 City Attorney Ansbro reported that residents around Nelson Lake had only a 1/20
confirmed interested in the fence around the lake. He noted that the City had repaired
the fence, but that the residents were being cited to maintain it. He also questioned
information that he had received regarding whether the City Attorney's Assistant's
position was permanent or temporary.
Commissioner Flury felt it was not temporary because it was budgeted. She felt they
had brought the City Attorney and his assistant in as a package.
City Manager Pato stated that the Commissioners needed background material to
properly address the issue.
City Attorney Ansbro agreed to meet with Commissioners independently to obtain a
consensus.
All agreed to go home.
13.3 City Clerk— Meeting Reminder:
April 20, 2004 @ 7:30 p.m. —Charter Review Board Meeting
April 27, 2004 @ 7:00 p.m. — Regular City Commission Meeting
April 28, 2004 @ 6:00 p.m. - Special Meeting EAR Comprehensive Plan
14. ADJOURNMENT
The meeting adjourned at 11:36 p.m.
C.K. MCELY�
MAYOR-COMMISSIONER
ATTEST:
LOUISE STILSON
CITY CLERK
Respectfully submitted by Jill Fiorentino
APPROVED: May 25, 2004
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CITY OF DANIA BEACH